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In L.N. Banaji. v. Bapuji Rattonji 11 Bombay, 441; Mr. Justice Jardine held that trusts for the purposes of performing the following ceremonies were not valid charitable trusts. The ceremonies were.

40. Baj Rojgar, Consecration of Nirungdin, Recitation of the Yejushni, Annual Ghambars and Dosla ceremonies.

41. The only witness called in the suit on this part of the case was Mr. Hormusji Chiehgur, a solicitor of this Court. "

42. Now Mr. Hormusji Chichgur was a layman and never pretended to be a Pehlvi, Zend or Avesta scholar, and his cvidence is of the most formal description, mostly directed to explain what the Navjote (Investiture of Sacred Thread) ceremony was. He however, had the courage to tell the Court that the decision in L.N. Banaji v. Bapuji Ruttonji (1887) I.L.R. Bom. 41l "caused a great shock." Mr. Justice Candy had no better materials placed before' him than was before Mr. Justice Jardine and he merely, followed that learned Judge's decision,

97. After the Afringan follow the Afrins. They are not the same, like the Debache, but vary with different Afringans. Shortly stated, Afrins are invocations to God to make men pious and virtuous, to send down His Blessings on all mankind. All the five ceremonies are described and explained in Dastur Darab's evidence and I do not propose to discuss them here separately.

98. All the ceremonies referred to above have to be performed by priests. From the most ancient times a distinct and separate class, the priests, have existed amongst the Iranians, and their only source of livelihood is the fees they receive from their lay brothers for the performance of religious ceremonies. Some of the officiating priests observe the Burushnoom, and they alone can perform certain ceremonies, whereas the ordinary officiating priests who do not observe the Burushnoom are entitled to per. form certain other ceremonies. A certain number of descendants of the priestly class have taken to earning their livelihood in other walks of life, and this class is known amongst the Parsis as Athornans, Messrs, Padshah and Kanga, who have rendered such valuable help in this case, are, for instance, distinguished members of that class. Zoroastrian liturgical ceremonies are divided into two classes, the inner and the outer liturgical ceremonies. The inner liturgical ceremonies can only be performed in an Agiary or Atash Behram, and only by priests who have gone through the Burushnoom, and are observing all its requirements. The outer liturgical ceremonies are ceremonies which can be performed outside an Agiary or Atash Behram, that is at the private residences of the members of the community, and can be performed by priests who are not observing the Burush-1100m. The main distinction is not so much in the place as in the priest performing the ceremony, for even the inner liturgical ceremonies may be performed in a private residence if there is a separate place which is cleansed, purified, and temporarily consecrated for the performance of those ceremonies-but in no event can they be performed by any priests other than those who are observing the Burushnoom. The inner liturgical ceremonies are the Yejushni, Baj, Vendidad and Visparad. The outer liturgical ceremonies are the Afringans, Furrokshi and Satoom. An officiating priest must go through the Nahan and Martab ceremonies. No layman is allowed to go through these ceremonies-the man going through these ceremonies must be a member of the priestly class. Ervad Sheriarji says:

From the most ancient times-from the time of Herodotus, the priests as a separate class have existed amongst the Zoroastrians. They were called the Magi and in the performance of religious ceremonies the presence of a Magus was always necessary. There is historical evidence of this in existence. Herodotus wrote about the customs prevailing amongst the Zoroastrians in his own times, which was loo B.C." See Rawlinson's Herodotus, Vol. I pages 217 and 218.

99. Dastur Darab, in the course of evidence, said that with the exception of Baj and Yejusni a layman may perform the other ceremonies if he is very poor. He said if a man can afford it he must employ a priest, because a priest is supposed to be more pious and is more conversant with the ceremonies. This led to a little misunderstanding, which was cleared up when Dastur Darab explained that what he meant was that it is a duty cast upon every Zoroastrian to get these or some of these ceremonies performed by the priests during the Muktad days, and that the non-performance of them was a great sin. Where a Zoroastrian is so situated that no priest is available or where he is so poor that he cannot afford to employ a priest, rather than not have them performed he ought, in the opinion of the witness, to try and perform them himself. He admitted that he had never known a layman, perform these ceremonies. Whatever may be Dastur Parab's opinion on this point, the fact remains that from the most ancient times the Magi in the olden times and the Mobods or priest in the more recent times, have always ' performed these ceremonies, and the scriptures of the Zoroastri-ans contemplate that they shall be performed by the priests. For instance, the very Debache of the Afringan shows that that ceremony is performed by the priest, for at the very outset the priest says :-''I have performed the offering. I have offered the Daruns. I now offer the Mayazd. "

100. No layman could say : "I have performed the offering and I have offered the Daruns."

101. It has been the universal practice existing amongst the Zoro-astrians for centuries that all the Muktad ceremonies should be performed by the priests and to this there never has been known a single exception.

102. The priests, as a rule, are wholly dependent for their livelihood and for the maintenance of themselves and their families on the fees they get from their lay brethren for the performance of their religions ceremonies. The Favardigan clays being continuous -the Muktad ceremonies being regarded as the most sacred--and this period being the most holy amongst the Zoroastrians, the priests during these days make a far larger income than they do at any other period during the year. The fees received during the Muktad clays are one of the principal sources of a priest's income during the year. The observance of the Muktad holidays helps very considerably towards the maintenance of the priestly class.