SIAN translation of which I have had the pleasure of seeing: these laws, which must in all times be a singular object of curiosity, are now of infinite importance; since the happiness of millions, whom a series of

"the division of inheritable property," and that "of "justice," are by no means unworthy the attention of the British lawyer, who is disposed to extend the researches connected with his professional science. From the following passage in the chapter " of justice," a tyro at the bar may derive some profitable instruction in the important and difficult art of cross-examination. "When two persons, upon a quarrel, refer to arbi"trators, those arbitrators, at the time of examina❝tion, shall observe both the plaintiff and defendant "narrowly, and take notice if either, and which of "them, when he is speaking, hath his voice faulter "in his throat, or his colour change, or his forehead "sweat, or the hair of his body stand erect, or a "trembling come over his limbs, or his eyes water; "or if, during the trial, he cannot stand still in his "place, or frequently licks and moistens his tongue, "or hath his face grow dry, or in speaking to one "point, wavers and shuffles off to another, or if any 66 person puts a question to him, is unable to return an answer;-from the circumstances of such com"motions they shall distinguish the guilty party.” Halhed's Code of Gentoo Laws, c. 3. p. 105.

amazing

amazing events has subjected to a British power, depends on a strict observance of them.

It is pleasing to remark the similarity, or rather identity, of those conclusions, which pure unbiassed reason in all ages and nations seldom fails to draw, in such juridical inquiries as are not fettered and manacled by positive institution; and although the rules of the Pundits concerning succession to property, the punishment of offences, and the ceremonies of religion, are widely different from ours, yet in the great system of contracts and the common intercourse between man and man, the PooTEE of the Indians (44) and the DIGEST of the Romans are by no means dissimilar[a],

[a] "Hæc omnia," says GROTIUS, "Romanis quidem "congruunt legibus, sed non ex illis primitùs, sed ex "aquitate naturali, veniunt: quare eadem apud alias " quoque gentes reperire est." De Jure Belli ac Pacis, lib. 2. cap. 12. § 13.

(44) Dr. Robertson (see his Disquisition on India, Appendix, p. 247-254.) bestows his approbation on the Indian Code, and compares it with that of Justinian.

Thus it is ordained by the sages of Hindustán, that "a depositor shall carefully

66

inquire into the character of his intended

depositary; who, if he undertake to 'keep the goods, shall preserve them with 66 care and attention; but shall not be "bound to restore the value of them if

they be spoiled by unforeseen accident, or "burned, or stolen; UNLESS he conceal

66

any part of them that has been saved, "or unless his own effects be secured, or "unless the accident happen after his re

fusal to redeliver the goods on a demand "made by the depositor, or while the de"positary, against the nature of the trust,

presumes to make use of them" in other words, "the bailee is made answerable for fraud, or for such negligence (45) as ap"proaches to it [b]."

So

[b] Gentoo Laws, chap. 4.

See before, P. 47.

(45) The words of this part of the Braminical institutions are solemn and remarkable: they prove

that

So a borrower is declared to be chargeable even for casualty or violence, if he fail to return the thing after the completion of the business for which he borrowed it; but not, if it be accidentally lost or forcibly seized, before the expiration of the time, or the conclusion of the affair, for which it was lent [c] in another place it is provided, that, if a pledge be damaged or lost by unforeseen accident, the creditor shall nevertheless recover his debt with interest, [116]

but the debtor shall not be intitled to the

[c] Same chapter. See before, p. 68.

that the oriental notions on the subject of hospitality to persons, are extended with scrupulous consistency to the deposit of goods. "If a person should make use "of any property intrusted to him, or it be spoiled "for want of his care and attention, then whatever "crime it is for a woman to abuse her husband, or "for a man to murder his friend, the same degree of "guilt shall be imputed to him, and the value of "the trust must be made good." Gentoo Laws, €. 4. p. 120.

value

Kk 2

value of his pawn [d]; and that, if the pledgee use the thing pledged, he shall pay the value of it to the pledgor in case of its loss or damage, whilst he uses it [e].

In the same manner, if a person hire a thing for use, or if any metal be delivered to a workman, for the purpose of making vessels or ornaments, the bailees are holden to be discharged, if the thing bailed be destroyed or spoiled by natural misfortune or the injustice of the ruling power, UNLESS it be kept after the time limited for the return of the goods, or the performance of the work [f].

All these provisions are consonant to the principles established in this Essay; and I cannot help thinking, that a clear and con

[ƒ] Chap. 4. and chap. 10. Before, p. 88. 91.

cise