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n English counties on individuals, and left the immediate cultivators mere tenants-at- will.[9] These individuals felt no interest in promoting the comfort and welfare of the village communities, or conciliating the affections of the cultivators, whom they never saw or wished to see; and they let out the village, or other subdivision of their estates, to second parties quite as little interested, who again let them out to others, so that the system of rack-renting went on over the whole area of the immense possession. This was a system 'more honoured in the breach than in the observance'; for, as the great landholders became involved in the ruin of their cultivators, their estates were sold for arrears of revenue due to Government, and thus the proprietary right of one individual has become divided among many, who will have the feelings which the larger holders wanted, and so remedy the evil. In the other extreme, Government has constituted the immediate cultivators the proprietors; thereby preventing any one who is supported upon the rent of land, or the profits of agricultural stock, from rising above the grade of a peasant, and so depriving society of one of its best and most essential elements. The remedy of both is in village settlements, in which the estate shall be of moderate size, and the hereditary property of the holder, descending on the principle of a principality, by the right of primogeniture, unaffected by the common law. This is the system which has been adopted in the Nerbudda territory, and which, I trust, will be always adhered to. When we enter upon the government of any new territorial acquisition in India, we do not require or pretend to change the civil laws of the people; because their civil laws and their religion are in reality one and the same, and are contained in one and the same code, as certainly among the Hindoos, the Muhammadans, and the Parsees, as they were among the Israelites. By these codes, and the established usages everywhere well understood by the people, are their rights and duties in marriage, inheritance, succession, caste, contract, and all the other civil relations of life, ascertained; and when we displace another Government we do not pretend to alter such rights and duties in relation to each other, we merely change the machinery and mode of procedure by which these rights are secured and these duties enforced.[10] Of criminal law no system was ever either regularly
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