1779-07-19 (static/transcriptions/1779/07/032.jpg)

1779. 3 Sittings. [Monday] July 19.

in the same form several others were in which Mr. Whittall was Attorney charging the Defendant as Son Heir and Personal Representative of His Father, and alledging that he had possessed himself of the effects of his Father, and was therefore liable according to the Custom of the Hindoos in Bengal to pay the Debts of his Father.
This way of Declaring had been lately resolved by the Court to be bad, Because it does not in due form set forth that there is such a Custom among the Hindoos and then bring the case within the Custom: and because it does not say the Son possessed himself of effects of his Father to the amount of the Debt demanded.
The Court observed that possibly the Custom of the Hindoos might charge the Son with all his Father’s Debts, tho’ he possessed himself of a very small sum much less than sufficient to pay any one of his Father’s Debts, yet that Custom could hardly be admitted in this Court, because by our Law if the Son does not pay he may be imprison’d which is not probably
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