MALAY LAND TENURE. 123 



form of hypothecation of land known to Malay law, is, in its 

 principal incidents, quite unlike our mortgage of real pro- 

 perty. * 



The Malay who raises money on his holding by the transac- 

 tion called jualjanji, sells his proprietary right for a sum then 

 and there advanced to him, and surrenders the land to the 

 vendee, coupling, however, the transfer with the condition 

 that if, at any time, or within a certain time, he shall repay to 

 the vendee the sum so advanced, he (the vendor) shall be enti- 

 tled to take back his land. This transaction differs from our 

 mortgage in the facts: — (1) that no property in the soil passes, 

 but merely the proprietary right •; (2) that possession is actually 

 given to the person who advances the money. 



It frequently happens that the conditional vendor (the 

 debtor) wishes to retain possession of the land during the 

 period of his indebtedness, and, if so, this is arranged by his 

 becoming the tenant of the conditional A^endee (the creditor). 

 The rent in money or kind which he pays, or which some other 

 tenant pays if the land is not let to the conditional vendor, or 

 the profit which the conditional vendee derives from cultivating 

 the land himself if he does not let it, takes the place of in- 

 terest, which is not charged, usury being condemned by 

 Muhammadan law. 



If a term is mentioned within which the money must be 

 repaid, and the condition of repayment is not fulfilled within 

 the appointed period, the sale becomes absolute (putus ) and 

 the vendee takes the full rights of proprietorship. But even 



* In China, " a mortgagee must actually enter into possession of the pro- 

 u perty and make himself personally responsible for the payment of the taxes, 

 " before his mortgage is valid : unless explicitly stated, the land can be re- 

 " deemed at any time within thirty years on payment of the original sum. 

 '• Sees. 90 to 100 of the Code contain the laws relating to this subject, some 

 " of which bear a resemblance to those established among the Hebrews and 

 " intended to secure a similar object of retaining the land in the same class 

 " or tribe." — The Middle Kingdom, Williams, II, 100. 



"Land under Burman rule was never sold in the usual acceptation of the 

 " term. It was frequently conveyed for a price from one person to another, 

 " and though the transaction was styled a sale, and not a mortgage, it was fully 

 " understood that the vendor retained a right to repurchase the land at 

 " any time he liked, and that the emptor could not re-sell the land without 

 " the consent of the original vendor.'' — British Burma Gazetteer., Vol. I, p. 438 



