Chapter LAT to LAW-OFFICER of L by The Hobson Jobson Dictionary

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, MOOLVEE, MUFTY.)

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.