245 



The subject's property in the soil is weaker 

 than the king's, for the subject is weaker than 

 the king : but it is founded on the reason of 



O 



the law, and on settled usage : therefore the land 

 of one subject ought not to be sold by the king to 

 another. 



" THE meaning of the text, which describes the 

 earth as the abode of living creatures, is positively 

 this ; the property is his, who uses the land, where 

 he resides, and while he uses it : and thus, when 

 land belonging to any person is sold by the king, 

 it is a sale without ownership."* 



But, turning from Hindoo Law, let us examine 

 the Laws of our predecessors. 



NOQAYAH. "Waste Land" says the Canon" "is 

 land, unproductive in consequence of want of irriga- 

 tion, and the like, for which no owner is known, and 

 situated at such a distance from all populated places, 

 that the sound of the voice of man cannot reach its 

 borders. Whoso cultivateth such land, is the 

 owner thereof, provided he hath done so with the 

 permission of the Soltan.-\ Should he have made a 



* Digest of Hindoo Law, with the commentary of Jagannatha 

 Tercapaachaimana. Colebroke. The great importance of this portion 

 of the subject must be my excuse for the length of these extracts. 



fin the original the words I have rendered 'owner thereof are 

 malaka-ko, on which the Commentator says i. e. he shall acquire 

 property in the land he shall have cultivated no more. The word 

 also I have translated Soltan, is Imam, which means, a Leader, or 

 the highest legally constituted authority. 



