Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/618

 604 IV. THE NINETEENTH CENTURY Negotiable Instruments (1881) (but subject to native customs). Besides these, codifying statutes have been passed which do not apply (at present) to all India, but only to parts of it, or to specified classes of the population, on the topics fol- lowing : — Trusts (1882). Transfer of Property (1882).. Succession (1865). Easements (1882). Guardians and Wards (1890). These statutes cover a large part of the whole field of law, so that the only important departments not yet dealt with are those of Torts or Civil Wrongs (on which a measure not yet enacted was prepared some years ago) ; certain branches of contract law, which it is not urgent to systematize because they give rise to lawsuits only in the large cities, where the Courts are quite able to dispose of them in a satisfactory way; Family Law, which it would be unsafe to meddle with, because the domestic customs of Hindus, Musulmans, and Europeans are entirely different ; and Inheritance, the greater part of which is, for the same reason, better left to native custom. Some points have, however, been covered by the Succession Act already mentioned. Thus the Govern- ment of India appear to think that they have for the present gone as far as they prudently can in the way of enacting uniform general laws for all classes of persons. Further action might displease either the Hindus or the Musulmans, possibly both: and though there would be advantasces in bringing the law of both these sections of the population into a more clear and harmonious shape, it would in any case be impossible to frame rules which would suit both of them, and would also suit the Europeans. Here Religion steps in, a force more formidable in rousing opposition or disaffection than any which the Romans had to fear. In such parts of the law as are not covered by these enumerated Acts, Ensjlishmen, Hindus and Musulmans con- tinu'^ to live under their respective laws. So do Parsis, Sikhs, Buddhists (most numerous in Burma), and Jains, save that