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APPENDIX R.
93
tion of the statute. A change in the popular conviction may, tithout inconsistency, bo follored by a change in the course of the decisions by which the Legislature iotended to reflect them."
Mr. S. Ror further tells ns at pnge 30 of his Customa, &c.
"It should be noted that it is as much a Court's duty to abrognte or reto a bad, immoral or illegal custom ns to sanction or entily a good one. No doubt, a Court is bound to give recognition to any custom or usnge proved to its sntisfaction; still it possesscs a very rido discretion in not recog. nising a custom which is prejudicial to public interests or repugnant to public morality or in conflict with the express lar of the country;"
To sum up the considemtion of Customary Las in goncral. Custom or usage must be prored to be definite, uniform and
harmony tith public morality and Lat. In tho case of custom, it must be of immemorial antiquity also; bnt as an usago, it may bo only of recent growth.
3 The custom or usago in ibis particular caso
Tho first mention of the custom or usage is in the written statement of the Defendants (Ex. 10). Bhagabni, a Join tridor has not governed by the strict, provisions of the Hindu Law. She and her husband lived separato from Somchandsa and she, as tho childless Jaina pridor of a separate co-parcenor, had fullest powers to dispose of the property by will in the hands of tho Defendants."
So the custom or tho usage set up may bo enunciated as follore :
A childless Jain widor of a soparate co-parcener has full testamentary powers to dispose of her husband's proporty.
We bave to sce if this has been established by tho evidence, oral and documontary, produced before me. Here I must consider the plaintif's objections to the case of the Defendants,
