242 



breach of tlie condition ; and the king may grant it 

 to another/' 



YAJNYAWALCYA. " AND the king shall receive a 

 sixth part of unclaimed property occupied by any 

 other person." 



" SINCE the word King here" says the Commenta- 

 tor " denotes lord of the soil ; and since tbe cultivator, 

 being owner of that land, is so far equal to the 

 king ; he would be entitled to the sixth part of the 

 unowned property occupied by him. The answer 

 is, the word king may be explained lord of the soil 

 to exclude another king : but a royal property is 

 supposed in the use of the \\ord ; the cultivator has 

 a subordinate usufructuary property, not a royal 

 property : and SRI CRISHNA TERCALANCARA thinks 

 there may be, in the same land, property of various 

 kinds, vesting in the king, the subject, and so 

 forth. It should not be objected, if that be the case, 

 why cannot the king give the land to another, in 

 the same year for which revenue is paid? Because 

 a seller or giver may, by sale or gift, annul his 

 own property, and invest another with similar 

 property, but cannot create property of another 

 nature (for a sale by a subject cannot create pro- 

 perty of another nature, namely royal property;) 

 therefore, usufructuary property being raised by a 

 conditional gift to the subject, the king cannot 

 again create property in the same thing, by a gift 

 to another." 



