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Tagore Law Lectures—1874-75.

THE LAW RELATING TO THE

LAND TENURES OF LOWER BENGAL.

BY

ARTHUR PHILLIPS, M.A.,

LATE FELLOW OF ST. CATHERINE'S COLLEGE, CAMBRIDGE; BARRISTER-AT-LAW ; AND

OFFICIATING STANDING COUNSEL TO THE GOVERNMENT OF INDIA,

CALCUTTA:
THACKER, SPINK AND CO.,

Publishers to the Calcutta University.
Bombay: THACKER, VINING & Co. MADRAS: HIGGINBOTHAM & Co.

LONDON : W. THACKER & Co.

1876.

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Scope of the present subject—Nature of sources of information-Express Hindoo

law as to land-Menu does not show extent of rights in land-Obligation of

cultivator to cultivate—The king's share-The village as referred to in

Menu-The village as inferred from observation and analogy-Lord Met-

calfe's description of the village communities-Such communities found in

all parts of India-The village lands and homesteads-A self-governing cor-

poration—The development from the joint family—The lands at first held

in common but divided at an early period—Immigrants-Servile dependants

-Three classes of cultivators with interests in the land-Khoodkashts-

Their rights regulated by custom-In Southern India—Their right to occupy

so long as they cultivated and paid the customary revenue–The transfer-

ability of their rights—Rates paid by them—Paid a higher rate than other

cultivators formerly—Their privileges—The second class of cultivators-

Their rights in the land—What occupation sufficient-Less complete rights

than khoodkashts—Assessment upon them-The mere pyekashts-Rates paid

by them-Precarious nature of their rights—The village constitution—The

village officers-Mode of payment–The servile labourers of the village-The

headman-Partly elective and partly hereditary office-The State could dis-

miss—His functions-His emoluments-In Orissa villages—Dismissal –Mode

of assessment of revenue-Mode of payment-When headman refused to

agree to assessment-Headman not a farmer of the revenue-But he and the

village responsible-Headman long recognised–The putwarry and canoongoe

- The zemindar—The chowdhry- The amount of the king's share-Pro-

prietary rights

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