166 MALAY LAND TENURE. 



applied during the last sixty years to the only Malay State 

 which has yet become British territory. 



In Malacca, the native system of land tenure and revenue 

 has never been properly ascertained and put into the shape of 

 an Act. It has always been, therefore, and still is, more or 

 less unworkable under English law. 



The lands held under the native tenure at the time of ces- 

 sion were not identified and registered, and though a new system 

 of tenure under English grants and leases was introduced, the 

 old native system went on extending itself side by side with 

 the new one. 



When, in 1861, it was declared to be the intention of Gov- 

 ernment to put a stop to the native system of acquiring a 

 proprietary right by occupation, the holdings then existing 

 were not ascertained by a visitation or survey. 



So, though the native revenue system cannot be satisfacto- 

 rily worked, for want of power to exact the tenth, the officials 

 have been unable to oblige the people to adopt the English 

 tenure, because lands, really only recently brought under cul- 

 tivation, cannot always be proved not to be old holdings under 

 the native tenure. 



The experience of other British possessions in the East con- 

 clusively shews that the wisest way to organise the collection 

 of land revenue in an Asiatic country is to adopt and extend 

 the native system, to work it through responsible trained offi- 

 cers charged with the care of separate tracts and living in 

 their districts, to create a revenue side of every District Offi- 

 cer's Court and to have nothing to do with English law. 



This paper, which has grown to unexpected proportions, 

 may now fitly end with a final quotation from an official 

 report : — 



" It would be well if in the Protected States the history of 

 Malacca tenures were taken as a warning, and if an early 

 " opportunity were taken of ascertaining the rights of native cul- 

 " tivators and land-holders and securing to them their full enjoy- 

 tc ment, while laying down any modifications of the native law 

 " which may be decided on as to the future. If something of 

 " this kind is not done, the modern clearing will be undistin- 

 " guishable from the ancient holding and land will continue to- 



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