Appendix. 151 



No. 794G, dated 6th July 1886, and to draw your attention to the Full 

 Bench Ruling cited therein. 



2. In this District the mode of payment of patwaris* wages, which, 

 according to the law, is regulated by custom (Sections 18, 19, and 20, 

 Regulation XII of 1817) varies in different villages, in some ihepatwari 

 collects his entire dues direct from the ryots, in others, the ryots pay 

 the whole or a portion of his salary to the zamindar and he settles 

 with ihepatzvari. In villages where this latter custom prevails, the 

 sums payable by ryots to their zamindar on this account, seem to me 

 to be fully as legal a cess as the Road and Public Works Cess, both 

 during their authority from express Statute law, 



3. Some of the local Civil Courts following the Full Bench Ruling 

 have disallowed patwarfs " neg" without inquiry into village customs, 

 and the result has been in some places a wholesale repudiation of the 

 obligation, I would, therefore, suggest that though the orders contained 

 in Section 18, Regulation XII of 1817, have never been carried out, a 

 beginning be now made first with those villages in which, owing to 

 adverse decrees of the Civil Court complications have arisen, and also 

 in those which are to be visited by a Deputy Magistrate (and Deputy 

 Collector) in connection with the Amended Chowkidari Act. 



4. The result of the Deputy Collector's inquiries in each village 

 should, I think, be recorded in a concise proceeding which, when approv- 

 ed, would be sent in original for countersignature. A certified copy of 

 this proceeding could then be filed with each plaint. 



No. i A. 

 FROM 



H. J. S. COTTON, ESQ., 



Secretary to the Board of Revenue, L* P. t 

 To 



THE SUPERINTENDENT AND REMEMBRANCER 



OF LEGAL AFFAIRS. 



DATED CALCUTTA, the \ythjany., 1887. 

 SIR, 



I AM directed to forward the accompanying copy of a letter from 



the Commissioner of Patna, No. I288R, dated I7th 



LAND REVENUE. December 1886, together with its enclosure, from 



SETTLEMENT AND the Judge of Shahabad on the subject of the remu- 



SURVEYS. neration of patwaris, and to request that you will 



MR REYNOLDS favour the Board with an expression of your opinion 



on the following points : 



