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unite them into one estate. It further provides by section. 4, clause 1, that if one or more proprietors of a joint estate wish to have the separate possession of their shares, or if two or more desire to hold their shares jointly, but separately from the other shares, the Board of Revenue may authorise the Collector to make the required division. And by clause 2 of the same section, it is enacted that, when any person or persons may succeed to the proprietary right in a portion or the whole of an estate under a decree of Court, the Court may require the Collector to divide the estate, and, if the land is not held khas or let in farm by Government, to put the parties into possession of their separate shares. And the Regulation gives further rules for division of estates, and for assessing the revenue thereupon according to Regulation I of 1793. This Regulation was repealed by Regulation XIX of 1814, section 2: but before its repeal it was explained by Regulation I of 1801, section 12, that its provisions applied to joint estates held in common tenancy, when all the sharers had a common right and interest in the whole of the estate, without any separate title to distinct lands of mohauls forming part of the estate held under one general assessment. This was repealed with the original Regulation. Regulation I of 1801 further, by section 14, provides that if any zemindar shall have disposed of his proprietary rights in any portion of his zemindary, whether as an independent talook or otherwise, without a separate assessment having been made according to the Regulations, such transfer as far as respects the rights of Government must be considered altogether invalid: and if such land has or shall be included in a public sale for arrears of revenue, such transfer must be deemed to have been altogether done away. The lands

transferred in such cases, until publicly registered and separately assessed, form part of an undivided estate, and as such are liable to be sold for any arrear of revenue which may be due from any part of the estate.

Inconveniences were found to arise from allowing the sale of land in portions; and it was therefore provided, by Regulation VI of 1807, that estates, the sudder jumma of which was less than Sic. Rs. 1,000, or the jumma of the divisions of which would be less than Sic. Rs. 500, were not to be divided. This Regulation was repealed by Regulation V of 1810, which contained amended rules for the division of revenue-paying estates. Regulation V of 1810 was in turn repealed by Regulation XIX of 1814, section 2. By section 3, clause 2 of Regulation XVIII of 1812, it is provided that when a joint estate is divided, the revenue shall be assessed on the shares according to section 10 of Regulation I of 1793 without regard to any engagements that may subsist between the proprietors and their dependent talookdars (except the dependent talookdars described in section 7 of Regulation XLIV of 1793), underfarmers, or ryots. But all leases in conformity to sections 2 and 3 of Regulation V of 1812 and section 2 of this Regulation shall remain in full force, notwithstanding division or sale of the whole or a portion under a decree, or the devolving of the same by inheritance, or the private transfer thereof by sale, gift, or otherwise. This Regulation by section 3 repealed a similar provision in Regulation XLIV of 1793, section 3.

Regulation XIX of 1814, while repealing former rules, reduced the Regulations for partition of revenue-paying

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LECTURE estates into one Regulation. This provided that joint estates might be divided at the instance of some of the sharers as well as of all of them.' It re-enacted the provision of Regulation XXV of 1793 that, when two or more estates were originally specific and ascertained portions of the same zemindary, talook, or chowdrai, and had come into the possession of one person, or of several sharers, such estates might be registered and held as one estate." In the case of one sharer having a dwelling-house, which is situated in a village or mehal which may be included in the estate of another, the proprietor of such house may retain it, paying an equitable rent for the ground; and the particulars shall be stated in the paper of partition. Tanks, reservoirs, watercourses, and embankments are to be considered as attached to the land for the benefit of which they were originally made. The proprietors are bound to furnish accounts to enable the Ameen to assess the jumma on the shares. And it is provided that in certain cases the parties may themselves make a partition or appoint an arbitrator for that purpose. The Regulation provides for the division of estates held khas or let in farm by Government, and the same explanation is given of the joint estates contemplated by the Regulation as in Regulation I of 1801, section 12.8

Zemindar's right of alienation.

With regard to voluntary alienation of interests in land, the zemindar's right to alienate was placed at the Permanent Settlement on a more secure basis. Before the Permanent Settlement, by the Regulations of 25th April 1788, article 41, the Board of Revenue was empowered to authorise

:

POWER OF ALIENATION.

387 alienations: the zemindar might, with the sanction of the Board, mortgage or sell, the transaction being registered by the sudder canoongoe, and the Board being satisfied that it was voluntary. Such alienations were, however, to be discouraged and the Board was to take care that the Government dues were not thereby endangered. By the Decennial Settlement Regulations of 23rd November 1791, article 75, it is provided that, after the conclusion of that settlement, the landholders may borrow money on credit of their lands, and may sell and dispose of them under certain restrictions to be thereafter established. And by section 67, clause 2 of Regulation VIII of 1793, all bonâ fide transfers of zemindaries and other estates or talooks made by any actual proprietor of land or dependent talookdar after the 8th June 1787 are to be deemed valid, although made without the sanction of the Board of Revenue; and all actual proprietors of land and dependent talookdars are to be held to have been at liberty since the 29th October 1790 to borrow money without the sanction of the Board. By Regulation I of 1793, the Governor-General in Council declares in order to remove any doubt that zemindars, independent talookdars, and other actual proprietors of land are privileged to transfer to whomsoever they may think proper by sale, gift, or otherwise, their proprietary rights in the whole or part of their estates, without the sanction of Government; and that all such transfers, if according to law, will be held valid. In the preamble to Regulation II of 1723 this privilege is referred to as one not previously enjoyed by the zemindars and other proprietors.

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By the Regulations of 23rd November 1791, the zemin- Zemindar's dar or other proprietor might let such of his lands as were lease. power to not thereby otherwise provided for in such manner as he

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LECTURE might think fit subject to certain restrictions.' This was re-enacted by Regulation VIII of 1793, section 52. But the power thus given was materially affected by Regulation XLIV of 1793, which recites that there is danger that the proprietors may dispose of dependent talooks at a reduced jumma, and thereby endanger the payment of revenue, if the jumma fixed should be insufficient to meet the claim for revenue; besides injuring their heirs. Moreover, such engagements are repugnant to the ancient and established usages of the country, whereby the dues of Government, which consist of a certain proportion of the produce of every beegah in money or kind, are inalienable without its express sanction. As therefore the proprietors of land were not, before the Decennial Settlement, entitled to enter into any engagements with their dependent talookdars, under-farmers, or ryots for a period extending beyond their own engagements, it is enacted that no zemindar, independent talookdar, or other actual proprietor shall dispose of a dependent talook to be held for more than ten years at a fixed jumma, or shall fix the jumma of an existing talook for more than ten years, or let any lands in farm, or grant pottahs to ryots or other persons for the cultivation of lands for a longer period. And the leases or terms that may be granted are not to be renewed before the last year of the term. This was repealed by Regulation V of 1812, section 2. By section 6 nothing in this Regulation is to be construed to prohibit any zemindar, independent talookdar, or other actual proprietor of land from selling, giving, or otherwise disposing of any part of his lands as a dependent talook: nor, by section 7 to authorise

1 Art. 55.