APPENDIX II. 11 



first bad harvests, both of which have occurred in these districts, found 

 the cultivators as poor as ever, but encumbered with an additional 

 mass of debt. Still no one would advocate as an amendment of the 

 law that we should abolish fixity of tenure, or increase the assessment 

 on the land. 



16. Up to this point, then, I can see no opening on which the 

 legislator can enter with effect. In all civilized societies there is a 



o 



vast amount of suffering and destitution, very lamentable to 

 contemplate, but which it is wholly out of the powers of the State 

 by any direct action to eradicate. All that Government can do is to 

 take that its own institutions shall not aggravate the misery which 

 so often follows the spontaneous action of the population. 



17. This last observation brings me to the consideration of the 

 Bill now before me. Your Government has distinctly perceived that 

 the courts of justice we have instituted, and the law they administer 

 operate most harshly, and frequently with great injustice, on debtors, 

 who form the great bulk of the population. Here, therefore, is an 

 opportunitv for the beneficial interference of Government. Both the 

 Bills which I have alluded to above have been framed with the view 

 of mitigating the law, and of extending the powers of Judges to 

 modify the contracts entered into between man and man. 



18. I may say at once, after full consideration, that the bill 

 introduced into Your Excellency's Council appears to me to be so 

 dependent upon the character of the Judge, and so likely to be 

 defeated by agreements between helpless debtors and wily creditors, 

 that I cannot suppose it will lead to any substantial results. 



19. The question remains as to what shall be done, for it is 

 clear that some alteration in the existing law is imperatively called 

 for. A fitting measure can only be properly prepared in India. For 

 the consideration of the two Governments I proceed to notice the most 

 salient points which have presented themselves to me on this head 

 in the Report and Appendices of the Commissioners and the lines of 

 improvement which have suggested themselves. 



20. Under Native Government, it seems no assistance was 

 offdiuarilv afforded by the State to a creditor for the recovery of his 

 debts. No court of justice was open to him, and he was left to his 

 own devices to extort what was due, Government winking at very 

 forcible measures that were occasionally employed. The result was 

 not so bad as might have been expected. It speaks well for the 



