136 MALAY LAND TENURE, 



to the date of the introduction of the first survey settlement. 

 Thus the chances of dispute and litigation are entirely removed, 

 or reduced to a minimum. Subject, then, to the part of the 

 Government assessment, the occupant of land under the sur- 

 vey tenure may be said to enjoy every right of property that 

 he can desire, with the advantage of possessing a title the 

 most simple and complete that can be imagined.* 



BRITISH BURMA. 



The rights of the land-holder, subject to the revenue de- 

 mands of Government, have been just as carefully guarded 

 in British Burma. The Land Act of that province ( Act II 

 of 1876) is founded upon earlier local regulations, which 

 were themselves an epitome, more or less, of the laws and 

 customs of the Burmese as to tenure of land. The land-hold- 

 er in Burma has, like the raHyat in Malacca, a proprie- 

 tary right, but in the case of the former, this right is inchoate 

 until there have been twelve years' continuous possession; 

 whereas in the case of the Malay mere appropriation and pos- 

 session create the right at once, provided that clearing and 

 cultivation are undertaken. 



In British Burma, " if a person ( not holding under a grant 

 " or order of Government which itself determines the extent 

 " of right) has continuously held possession of any culturable 

 " land for twelve years, and has continuously paid the revenue 

 " due thereon, or held it exempt on express grant, he is allow- 

 " ed to have acquired a permanent heritable and transferable 

 " title. It will not, however, do for a man to be able to assert 

 " former or ancient possession if that possession came to an 

 " end twelve years before the Act came into force ( 1st Pe- 

 <c brnary, 1&79 ) . Possession, on the other hand, is not broken 

 " by a succession or transfer. If A has held for seven years, 

 " and then sells to B, who has held for live, B can put in a 

 " twelve years' possession. So if B has inherited from A. In 

 " the same way as regards the condition of paying the revenue. 

 " The payment will hold good if it has been made by a tenant 



* Bombay Administration, Mepvpt, 1882-3, p. 32. 



