•SO MALAY LAND TENURE, 



and that the best padi land probably, is held direct from 

 the Raja by surut putits. The restriction on alienation is, there- 

 fore, limited in operation, and the doctrine of proprietary right 

 created by clearing and occupying is general. 



The rules as to proprietary right may be stated as follows : — 



1. There can he no proprietary right in tanah mati. 



2. Tanah hid op is or three kinds : — 



(a) Land planted with fruit-trees (tanah kampong). 



(b) Wet rice-land (tanah bendang, or, sawah). 



(r) Hill-land taken up for shifting crops (tanah huma, 

 or, ladang). 



3. The proprietary right in kampong land endures during 

 occupation and afterwards as long as any fruit-trees re- 

 main as evidence that the land is tanah hi dop. 



4. The proprietary right in tanah bendang. or sawah, lasts 

 as long as the land is occupied, and for three years after- 

 wards. 



5. The proprietary right in tanah huma, or ladang, lasts as 

 long as the land is occupied, which is usually a single 

 season . 



The rights of tenure in a primitive Malay settlement are 

 thus exceedingly simple, if each proprietor is viewed as the 

 owner of the piece of land which he has won for himself from 

 the forest. The kampong, or village, is made up of independ- 

 ent holdings, and there is no such thing as a joint ownership, 

 by the inhabitants of a village or tract, of cultivated lands, 

 which is common in India. In long-established and populous 

 settlements, the cultivated lands of which have been trans- 

 mitted by descent for generations, there has, of course, been 

 time for the operation of all sorts of influences — the result of 

 a comparatively civilised state of society — which have contri- 

 buted to introduce fresh modifications into the simple rules 

 just enunciated. Thus, it will become necessary to consider, 

 further on, the right of the Raja to a share of the produce, the 

 liability of the proprietor for personal service, the right oF the 

 proprietor to sell and mortgage, the law of inheritance, &c. 



