"land in perpetuity; and whenever this prac"tice prevails, it seems a departure from the

66

original institutions. The property of the "whole village is common to the whole num"ber of proprietors. Every transaction of "revenue, every matter of loss and gain, is common to them all, to the extent of their

66

66

66

respective shares; and as they are all 'jointly and separately responsible for the "revenue of the village, according to the "strict construction of their tenures; so they "are all alike equally entitled to any emo"lument or advantage which may arise there"from. So tenacious, indeed, are they of this "established right, of every village benefit 'being in common, that a sort of lottery takes

66

place at stated times, to make a new dis"tribution of village lands, by which they change owners for a certain period, until "the lottery is renewed. By this means they generally continue to pass from one proprietor to another, so as to exclude, effectually, indeed, the right of any particular spot, but to establish the right of the ge"neral body to the whole village in common."

To shew the sense which the natives themselves entertain of their own right in this common property, the collector gives the translation of a deed of sale of one of the

shares, and which runs as follows:-" I A. B. "of the village of C., containing 28 shares, do hereby execute to D. E. of the same vil

66

66

lage, this deed of sale; that is to say, having "sold to you in this village, one share of my "own six shares therein, I do hereby execute to you this deed of the full and absolute sale "thereof; and you having further paid, and "I having actually received 100 Chuckrums "duly shroffed in full value thereof, you are

accordingly, to the extent of the share now “transferred and sold to you, fully to possess "and enjoy all Nunjah, Punjah, islands,

66

water, stone, topes,* jungles, riches, treasure, "and every well which sinks beneath,

66

or

every tree that rises above the earth, with

every general benefit of every sort from "father to son, through every generation, as "long as the waters of the Cauvery flow, vegetation lasts, or until the end of time;

66

66

with the fullest liberty, likewise, of alien'ation by gift, bequest, sale, or otherwise; "and may you enjoy all prosperity there"with. This, with my fullest approbation, "I do hereby execute to D. E. this deed of sale, which is written by Permal Pilly, vil

66

lage conicopla;* and this requires authenti"cation from all the other proprietors of the village. Signed," &c.†

66

We have here proof of the immemorial existence in India of allodial landed rights, the origin of which would seem to be lost in the remotest antiquity; for as to the collector's

66

presumption" that these estates were originally granted to the village communities by princes and other personages of rank and opulence, there is neither document, nor tradition of any kind, to support it. We might, with greater probability (for we have analogy to guide us), refer the origin to an early pastoral state, in which, as in ancient Germany (as we shall see presently), and all other similar states of society, common occupancy is a natural characteristic of primitive landed possessions. Neither would a doubt exist in the present day as to the true allodial character of landed property in India, were not our notions still confounded and leavened by the old absurdity of a sovereign's paramount proprietary right, and the fear (however groundless) lest, in abandoning it, we may also sa

crifice the only existing fund of supply to the indispensable exigencies of the state.

SECTION XIII.

State of landed property in Canara ; how affected by Mussulman conquest; and subsequent dominion of the British Government.

IN Canara and Malabar, the same imprescriptible rights of proprietorship have been found to exist from the most ancient times; and, in these provinces, perhaps more precisely and fully attested than in others; as these countries were not entered by Mussulman armies previously to the invasion of Hyder Aly in 1763; and may, therefore, be supposed to have retained their primitive institutions in full force and purity.

66

Of these provinces the fifth Report observes that the lands in general appear to "have constituted a clear private property more ancient, and probably more perfect than that of England. The tenure, as well as the transfer, of this property by descent, sale, gift, and mortgage, is fortified by a

66

66

66

series of regular deeds equally various and "curious; and which bear a very strong re"semblance in both parts of the country."*

5th Report, p. 130.

So perfect was this right, that when lands were mortgaged to the fullest extent of the rent, and the whole estate substantially transferred to the mortgagee, the proprietor or his heirs could at any time, however distant, resume it on paying off the just claims of the mortgagee. In like manner, if a proprietor absconded on account of a debt to government, and that his lands were transferred to another, he could at any time return, and resume possession on payment of the debt.* Even crimes and offences occasioned no forfeiture of this property. Whatever might be the punishment, or the fate of a criminal proprietor, the right of the heir to the succession remained unimpeached. These provinces so far differed from the other countries above described, that we find in them no village communities, or copartnerships. The lands are possessed by individuals, or separate families, residing apart on their own estates, and having no rights in common.

In the province of Canara, the landed proprietors, or landlords, are, according to the

* Mr. Ellis quotes some Hindoo authorities, whence it would seem the right of resumption is limited to three generations, or 100 years, which is somewhat vaguely expressed to be co-extensive with the period of memory.-Mad. Rev. Sel. p. 817.