302 MALAY LAW IN NEGRI SEMBILAN. 
In order to treat the question in a consecutive form, it will 
be necessary to take first the aboriginal or as here termed 
‘“‘Rai‘at” cases on custom first. The ‘ Baten” or chiefs ate, 
according to ancient usage, closely connected with the Malay 
tribe from which the Penghulu of States are in nearly all 
cases elected. The four principal “Baten” are of Ulu 
Klang, Sungei Ujong, Jelebu and Johol. They had a strong 
voice in the election of the Muhammadan Penghulu. The cause 
is apparent. The Menangkabau colonists married the daugh- 
ters of Batens. Their children were Muhammadans and the 
female children (in accordance with Menangkabau law) 
inherited and became the origin of the “Waris” or tribe of 
‘‘Beduanda”’ which was declared to be the inheriting civilized 
tribe, whilst at the same time they still had to recognise the 
Baten or Rai‘at powers in the mountains and forests and pre- 
serve their position and identity in connection with the 
“Beduanda”’ tribe. This explains the custom of female 
inheritance and according to Menangkabau custom a man 
cannot marry in his tribe, that is, in the tribe of his mother. 
Thus a Beduanda man must marry into another tribe and thus 
his children belong to the tribe of the mother. 
It is often most interesting to converse with Baten and Rai‘at 
chiefs on their traditions and laws especially in tracing the con- 
nection with the Malay Muhammadan customs. A Baten will 
invariably tell you that all the forest and waste lands, called 
by them ‘‘Gaung,” “Guntong,” ‘Bukit,’ ‘“Bukau”’ as inclusive 
of everything uncultivated, belong tothem. This is by origin 
correct, but there is at the same time no doubt that they have 
parted with their rights to the Muhammadan tribe of Beduanda 
in all cases of Government concession and taxation. Still the 
Datoh of Johol pays to the Baten of Johol a proportion of the 
revenues derived from waste lands through his minister the 
Jenang of Johol, who is, so to speak, minister for the aborigines. 
The Baten often collect themselves where the Beduanda are 
remiss in doing so. For instance, in Muar (7. e., on the reaches 
of the Muar River above the Segamat boundary) Baten 
Gemala, who is the principal Baten of Johol, told me he collect- 
ed a fee that he called “ panchong alas” from the Malays who 
