FREE BOOKS

Author's List




PREV.   NEXT  
|<   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115  
116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   >>   >|  
se them, but the task is an enormous one, and only partial success is attained. In addition to the maps, records of great bulk are annually prepared which give the most minute details about every holding and each field. 9. The Permanent Settlement of Bengal, effected under the orders of Lord Cornwallis in 1793, was soon afterwards extended to the province of Benares, now included in the United Provinces of Agra and Oudh. Illusory provisions were made to protect the rights of tenants, but nothing at all effectual was done till the passing of Act x of 1859, which has been largely modified by later legislation. 10. The general principle here stated of respect for personal substantive law in civil matters is still the guide of the Indian Legislature, but the accumulation of Privy Council and High Court rulings, combined with the action of codes, has effected considerable gradual change. Direct legislation has anglicized the law of contract, and has modified, though not so largely, the law of marriage, inheritance, and succession. 11. In the author's time the courts of the East India Company still followed the Muhammadan criminal law, as modified by the Regulations. The Indian Penal Code of 1869 placed the substantive criminal law on a thoroughly scientific basis. This code was framed with such masterly skill that to this day it has needed little material amendment. The first Criminal Procedure Code, passed in 1861, has been twice recast. The law of evidence was codified by Sir James FitzJames Stephen in the Indian Evidence Act of 1870. 12. This proposition, in the editor's opinion, truly states the theory of land tenures in India, and it was a generally accurate statement of actual fact in the author's time. Since then the long continuance of settled government, by fostering the growth of private rights, has tended to obscure the idea of state ownership. The modern revenue codes, instead of postulating the ownership of the state, enact that the claims of the state--that is to say, the land-revenue- -are the first charge on the land and its produce. The Malabar coast offers an exception to the general Hindu role of state ownership of land. The Nairs, Coorgs, and Tulus enjoyed full proprietary rights (Dubois, _Hindu Manners, &c_., 3rd edition (1906), p. 57). 13. Amir Khan, the Nawab of Tonk, assigned to his physician, who had cured him of an intermittent fever, lands yielding one thousand rupees a year, in rent-fr
PREV.   NEXT  
|<   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115  
116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   >>   >|  



Top keywords:
modified
 

Indian

 

rights

 
ownership
 

largely

 

substantive

 

general

 

legislation

 

criminal

 

revenue


author

 
effected
 

generally

 
statement
 
actual
 

accurate

 

theory

 

opinion

 

states

 

tenures


private

 

growth

 

tended

 

obscure

 

fostering

 
government
 

editor

 

continuance

 

settled

 

amendment


material

 

Criminal

 
Procedure
 

needed

 

success

 

partial

 

passed

 

Stephen

 

FitzJames

 

Evidence


enormous
 
recast
 

evidence

 

codified

 

proposition

 
assigned
 

physician

 
edition
 
rupees
 

thousand