XXXVlll APPEIs^DIX. 



XVII. Government furtlier retain the power of taking, on fair and 

 equitable compensation, any land included within the limits of a Lease, 

 which may be required for the construction of a Eoad, Channel, or 

 other work of general iitility and convenience, or for the exigencies of 

 the Public Service. The compensation referred to in this and the 

 preceding Eule shall be determined by arbitration, one Assessor being 

 named on the part of tlie Lessee, and of Government, respectively, 

 which two are jointly to choose a third. The award of the majority 

 shall be taken, except in cases wherein gross partiality or incompetency 

 on the part of the Arbitrators shall be proved to the satisfaction of 

 Government, in which case the award shall be set aside, and three fresh 

 Assessors nominated in the manner above stated, whose decision, what- 

 ever it may be, shall be final. 



XVIII. In all questions which may arise regarding the sense in 

 which the provisions of his Lease are to be construed ; in aU boundary, 

 or irrigation disputes, or differences with the Natives ; the Lessee shall 

 be bound to abide by the decision of the local Revenue Authorities, 

 subject however to an Appeal to the Board of Revenue and Govern- 

 ment. 



XIX. Stipulations to the effect contained in the preceding Rules 

 will be introduced into the form of Lease which is now under prepara- 

 tion by the Law Officers of Govern- 



* Revisedforms of Leases were j^ent,* and which, when completed, 



furnished hy Govt. 14th Oct. ^',^ ^_ n • -, -i r ^i • i /• 



in con. nth Nov. 1S50, Rev. ^"^^^ furnished for the guidance of 



Dept. JVb. 956. the Revenue Officers, and which the 



Board direct may in aU cases be adopted, 



XX. It will, however, be understood that although land for which 

 application may be made upon the Neilgherries, will, as a general rule, 

 be disposed of by pubUc auction, in the mode and on the conditions 

 specified in tlie preceding Rules, the Government nevertheless reserve 

 to themselves the right of granting land without prior competition or 

 exposure at an upset price, and on such terras as they may see fit in all 

 cases wherein, with a view to promote agricultural undertakings, or 

 improvements, or for any other purposes, it may seem to them desira- 

 ble to do so. 



XXI. It will be seen from the Honorable Court's Despatch of 21st 

 June, 1843, that the rights of the Todas over the Neilgherry table-land 

 are, in the judgment of the Home Government, simply those of pas- 

 turing their herds over the hitherto unreclaimed portion of it. They 

 can, as the Court have remarked, dispose of such rights only as they 

 themselves possess. No party, therefore, purchasing land from the 



