APPENDIX
L.
,k 3 ï .
CO. Cut by this mere grant o f lease, it wasmot by apy means understood that any.
acknowledgment was made of. proprietary right to the soil existing in those heads o f
villages. I t .was simply a jstep, arising from the necessity o f the occasion, from the
ypgracti^bility. . qfoat--jsuae. entering-ujfon' a more detailed plany.an'd which at the
moment of-, its. adoption was meant to be considered as'temporary, to be no longer
adhergd -to, if, on .the acquisition o f further knowledge]. a more,pafticufor system■ of
management .should -be deemed advisable.
, ' 6 1 . - Th e nature o f landed tenurft-throughout the islandds now thoroughly under-
£tpqds,, Generally speaking, no proprietary right in the soil is. vested in 'any between
the actual cultivator and. the sovereign; the intermediate, classes, who may at any
time have.enjqyed the. revenues o f villages or districts, being deemed merely theiexé-
cutive officers of government,.who received, those revenues only fróm the gift o f thdir
lord^and who depended on his will alone for their tenure^ -rOf-tbis dcfual proprietary
r ig h ts fimxejcanrbe no doubt that it originally vested solely in tbe.soyereiga • b ü tIi%i5
eqnally certain, t l f a t r the fo st,.^ a r e c s o f the lan d entitled themselves/ as theft ,-j list
reward, to such^a real property in the ground, they .thns-^iri a manner created, that
whilst a due tribute o f a certain share o f its produce for the benefit of-being well
governed was paid to the sovereign power, that in return was equally bound'foot to
disturb them oij .theft heir&.in.ifsr possession. The disposal o f-this goyerament share
,was, therefore, all, that could justly depend on. the will o f the ,ru lin g authority,.^ud
.consequently the, numerous gifts p f lands made at various periods by the sevérhl;so¥e-
reigns, have rin 'no way affected ^the right o f (the =actual- cultivator :—all (batAany
government,couM alienate was merely its own reven ueor share of' the prodhce.'Vi This
subject has "come under full discussion ; and the above result; as regar.ding'this. island,
has been quite satisfactorily established. ,
- , 62. . The cqfoinuanc£, therefore, o f the village system; becomes; mjlyl a ma ttes ojf,
consideration, on.the grounds o f whether it is. more beneficial than any, other to- go',
yernmenf, .or most likely to,be conducive to the general prosperity and welfare,of|the
mass ftfjjhe population.. j
, , 63. .Yfp.donbt, however, remains on, the mind o f government on this question.
T h e agency f f f the immediate renters is considered asquite unnecessary''to bë’adopted
jn .future.. I t. i s ,deemed,, tha t, such a plan, o f settlement will leave the interest, of, the
bulk o f the people entirely at the mercy o f a set o f numerous p e tty . chiefs, who,..how-
.eyer well they may have-hitherto conducted themselves, would, pertain ly,-,in such ,&Cge,
possess an ability o f injury and oppression, against which the ruling power would
have left itself.no adequate, me^.ns, o f prevention or- redress, and which.canriót therefore
be.permitted, consistently with the principles o f goodgovernthent. -
64. It has, therefore, been resolved, that this intermediate system be entireljwlone
away, the government jdpt^r^ajnihg. to act, in future, throughr.itS 'imiisgdiate officers,
directly , with, each ii^ v ftlu a l,ecuitiyufor>; ^and to. s t^ d j forward;. in short, the. sole
collector and enjoyer o f its own revenues. On every view, indeed,, of.the.rsnbject,;
the iia n s x h c d i t (or as it is termed in Western India, where it is understood- to have been
advantageously
aÏPPE'ïmPX:. cclïii
advantageously introduced,' th£ is cöfSide're'd as'that which w ill
u A a M w l f f l B M W H B W W R f f f l l f f P M to ' t f c 1
H ^ s e d s in c e '^ f i f i t settlement, aVnffilïient knowledge
h a t been the most 'Scrufinoüfi mvestlhafftl^Bitp1 i f i e wh 'oïé'Éïi^iè- dt’tBe
’ oM e-co ftn try , to render g^ irUm en t now fullyc competent toftaWy
1 < ^ e d e f f t l g d plan, which if^ias always ’in 1 their^coUt'erdplktionto
iawbduhe^hs'è3JrIy,^m igh tb é |)fa c ticab fe? ,?^i
effect i p ^ e s i r e d ^ a p ' ^ d , i^/o&n^a's;thisfrmay;'ifrbm'rltfcal-'or ’'other ':cirim*mstSiiées,L 'be
posiibtoidt v
f t / S ? f dou^se^^^^ e^pftafion b f the- former' leases 'm^fp^Mièvefy'riiisfance^'ïie'
“J Ï& jïfl M r f t ® s t g p s may be proceeded* in'wiffiout*further delay.
Owno'apGouht must sufch Teases%e r e n e W f Ê y * *
MM m ,greatfer B S B Wl11 pita a;
Hgj a ssessmentand su rvey,asJ abW^on?er-e%,*may with great)
afivantage^bê earned on together, the-principles*on which that H B H H j will’'proceed
^own ' here'. • Much’ however mu'st- b'e^n’e^ sa r ir y 'fèft to the dilcrë-
oT ffie officers to whom its^ondnet w ill ber entriisted/and on whose
government
-^Öiiks'a lg eriera l rule for’'the g h i ^ c t f ^ t im ’c o llS S ^ f^ aB 'a ll ^ontinue^ij posseS-
actually boidiqjr and
them as the^renters froni^overnriient in the new settlement-?,i;Everi-■ 'though sneh^cuTti-
vata’rs shall not fin ab le to adduce proofs o f any real prop er tyY n the ‘ land, yet lon g
ifep ro r in g^ u ltu re, and ^enerah go od cdndhcf’w h ifo 'if i' it's 'ploSsessfon ’a r e
deeuied t o be?claims o f no weak naitüre, and ce rta inly‘'coh'sfrfu'E^ a''i^ghfe.Yn equity and
s?an<i P°')*,cy> öff being considered preferably to any others, who havé no such claims -
andr this y igh fgq v erhm é fft 'is^deïePmided to1 respect. 8
i ' p W . ^ I t must, however] bdblearly undëtttoödl that n d positi^É- rights o f Snymatoffe
w* i l , . s e t t l e m e p t . ^ Every claim to property in land must be freely
Heard,; aMnfully inquired into] by the collectors p and it is.necèssaryyin doubtfnl cases,
to submit the. claim for the decision o f the Hdronfeblh the Lieutenant’ Governor. **’ V
- 71. There-have been; it is known, in'many parts- o f the .country, grants from t h é io -
v^ ^w n ° f lands in perpetuity, which arè regularly inheritable, arid relativeh'o which
the original documents still exist. Of.th’dsfi ^ éoiÈe have been made for religidus'pitr-
poses, others as rewards or provisibn for relativda or the higher' nobility. These' alienations,
as far as it Was justly in the power o f the Sovereign to make 'thèm, will ceS-
tainly n o tb e set aside. Equity and good faith'forbid it j.b ’ut'they'equally enj'om, that
the^extent bf these alienations be clearly defined, and that'thë rights o f others be ntft
compromise'd by them. . ïh e ! göyëlument: shared .where - granted away; will toot' be
claimed, f o rm s effects' the' government alone. But'there are certain otKer rights,- those
o f the cultivators, which cannot be admitted to have been in the slightest ’degree
affected
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