YH 



m 



[Proprietary Bight. What Laud may be appropriated and made 

 the subject of Proprietary Right. Malacca Code.~\ 



To declare the law relating to upland clearings 

 and paddy-land. Land for these purposes is of two 

 kinds, the first is tanah hidop, (live land), and the se- 

 cond is tanah mail (dead land). Tanah math is that 

 on which there is no sign or token that it has been 

 appropriated by any one, or any grove of fruit-trees 

 in respect of which a proprietor can demand a pay- 

 ment. Regarding such land it is certain that there 

 can be no question. If any person proceeds to plant 

 upland or wet padi on such land, no one has any right 

 to dispute it with him for it has been abandoned 

 voluntarily by its former owner. 



Land which is known as tanah hidop is that 

 which is appropriated by some one, either by living 

 on it or by planting timber or fruit-trees or by laying 

 out a garden or enclosure. This cannot be taken by 

 anyone and is called taiiah hidop. This rule applies 

 also to persons who settle on the lands or plantations 

 of others. As long as they live there, they must obey 

 the orders of the owner, and if they oppose him, they 

 may be fined ten tahils and one paha* It is the duty 

 of all the persons who live on the land to support and 

 co-operate with their lord, a rule which is also laid 

 down in the Hukuni Kamm.f 



If a person plants an orchard (on the land of 

 another) and his trees grow up successfully, and a 

 complaint is lodged by the owner of the land, the va- 

 lue of the land shall be divided into three equal parts, 

 one third shall be paid to the owner of the land, and 



* \ 1 ta7ul=$$. 



\ 4 yaha—\ talul. 

 f A separate Code. It would be interesting to ascertain whence the 

 Malays borrowed the Greek word kIvwv or Latin Canon. 



