192 — xxiv— 



The Penghulus are not Government Officers in any sense of 

 the term, and prior to the British authority receiving over Malacca 

 on 9th April, 1825, G-overninent did not, in any respect, interfere 

 with them. Since that period, the Penghulus have been compelled 

 to appear in Court, to take an oath for correctly exercising their 

 authority. 



3. — Between the landed proprietors and the tenants. 



The tenant settles on an estate by the verbal permission of the 

 proprietor. There is no express law as to the rate of rent payable, 

 but the custom in general is for the landlord to receive 10 per cent, 

 upon all the produce of the soil, although, in some particular in- 

 stances, so low as 6 per cent, has been accepted by way of encour- 

 agement. When spices or pepper are to be planted, there is usual- 

 ly a separate and sometimes a written engagement made, and no 

 tithe is levied for the first 3 or 4 years. 



During the Dutch administration, the inhabitants were not 

 permitted to cultivate padi, and the produce of the estate consisted 

 chiefly in fruits, wood and charcoal. Padi cultivation is however 

 now extending in all parts. The tithe of padi, spices and pepper 

 is usually received at the residence or stores of the cultivators, and 

 in most cases this tithe is taken by estimation rather than by ab- 

 solute measurement, which is found to be inconvenient. But the 

 tithe of other articles is generally received in cash, after the same 

 have been disposed of, and in case of apparent fraud, the sale must 

 be traced, in order to ascertain the truth or error of such a suspi- 

 cion. The land-holder possesses no right to establish his own mode 

 of assessment or revenue, whether as to time, or place, or rate. 

 In the collection of these tithes, some proprietors farm out their 

 revenues, and others receive them through their own agents. 



A tenant may sell, transfer, devise, &c. the portions of land 

 he may cultivate, and he is free to cultivate the soil to any extent. 

 He may quit the estate at his free pleasure. But the land-holder 

 cannot force him off the estate without just cause of offence. 

 When this exists, a proper time must be granted to the tenant to 

 enable him to dispose of his property. 



If such tenant appears dilatory in effecting his arrangements, 

 the land-holder may assemble the Penghulus and elderly people as 

 a committee of appraisement, and the land-holder paying the amount 

 according to their estimate, can oblige the tenant to quit the estate. 



If the tenant feels aggrieved with the conduct or the judgment 

 of the Penghulu, he is to apply to his landlord, and in all cases, 



