civil cases he did not sit with the judge (at least in memory of man now living), but the judge could and
did, in case of need, refer to him on any point of Mahommedan Law. The Hindu law-officer (Pundit)
is found in the legislation of 1793, and is distinctly traceable in the Regulations down at least to 1821.
In fact he is named in the Act XI. of 1864 (see quotation under CAZEE) abolishing Law-officers. But in
many of the districts it would seem that he had very long before 1860 practically ceased to exist, under
what circumstances exactly I have failed to discover. He had nothing to do with criminal justice, and the
occasions for reference to him were presumably not frequent enough to justify his maintenance in every
district. A Pundit continued to be attached to the Sudder Dewanny, and to him questions were referred
by the District Courts when requisite. Neither Pundit nor Moolvee is attached to the High Court, but
native judges sit on its Bench. It need only be added that under Regulation III. of 1821, a magistrate
was authorized to refer for trial to the Law-officer of his district a variety of complaints and charges of a
trivial character. The designation of the Law-officer was Maulavi. (See ADAWLUT, CAZEE, FUTWA,
1780.That in all suits regarding inheritance, marriage, and caste, and other religious usages or institutions,
the laws of the Koran with respect to Mahommedans, and those of the Shaster with respect to Gentoos,
shall be invariably adhered to. On all such occasions the Molavies or Brahmins shall respectively attend
to expound the law; and they shall sign the report and assist in passing the decree.Regulation passed
by the G.-G. and Council, April 11, 1780.
1793.II. The Law Officers of the Sudder Dewanny Adawlut,
the Nízamut Adawlut, the provincial Courts of Appeal, the courts of circuit, and the zillah and city courts
shall not be removed but for incapacity or misconduct.
Reg. XII. of 1793.
In §§ iv., v., vi. Cauzy and
Mufty are substituted for Law-Officer, but referring to the same persons.
1799.IV. If the futwa of the
law officers of the Nizamut Adawlut declare any person convicted of wilful murder not liable to suffer
death under the Mahomedan law on the ground of
the Court of Nizamut Adawlut shall notwithstanding
sentence the prisoner to suffer death.
Reg. VIII. of 1799.