No. 3.

Extracts from a Translation of the Malayan Laws of the Principality of Johor.

(Reprinted from the "Journal of the Indian Archipelago," vol. ix. Singapore: Printed for the Editor by Jacob Baptist, 1855.)

Property in Land.

IF a man occupy gardens or orchards belonging to another, who is absent, the temporary occupant shall keep possession of the ground but the original owner shall be entitled to one-third of the produce.

If the occupant refuse to divide the produce and maliciously cut down the trees, the original owner shall on complaint to the Magistrate be entitled to one quarter of the value of the trees so destroyed.

But the cases in which the original planter or owner of fruit trees can have no redress, are those in which the land on which they stand shall have been permitted to be occupied by the sovereign or his principal officers.

If a man rent orchards or fruit gardens and it be proved that the trees yield no fruit during the tenant's occupation, the owner of the gardens shall be fined in double the amount of the rent. But this law shall not apply to gardens of cocoanuts or of areca palms.

If the tenant of a garden or orchard discover treasure or other valuables on the ground he occupies, he shall be entitled to one-third of the amount, and the remaining two-thirds shall go to the owner of the ground.

If any one discover treasure or valuables on lands which he has been permitted to occupy by the king or his officers, he shall be entitled to one-half, and the King or Lord from whom he has received the ground shall receive the other half.

If a man occupy the plantation of another while he is absent, either by accident, or in consequence of having incurred the displeasure of the prince, and he use or sell the produce, the original owner he shall have redress.

Land is of two kinds-appropriated and unappropriated. The last has no owner, for it has no mark to indicate appropriation and therefore cannot be the subject of litigation.

He who reclaims such land and builds thereon shall not be molested in his possession.

The indications of land appropriated, are wells, fruit trees, signs of culture, and if any one interfere with such land he shall be subject to prosecution.

If any one forcibly enter upon such appropriated land he shall be fined ten mas or at the discretion of the Magistrate according to the extent of the land so entered

upon.

If a man makes a village and garden upon appropriated land not knowing it has an owner and the owner return he shall be entitled to one-third of the produce.

If a man cultivate appropriated marsh rice land, not knowing it has an owner, in this case also the latter shall be entitled to one-third of the produce.

If a man occupy the ground of another prepared for upland culture, he shall be fined ten mas.

If a man trespass upon such ground he shall be fined one tahil and one paha.

If a number of neighbours unite to clear, cultivate and fence in a portion of forest land, and one out of the number neglecting to build his portion of the fence wild hogs or cattle shall destroy the corn, the person so neglecting to construct his fence shall be compelled to make good the corn which shall have been destroyed.

If a man steal the materials of a fence and the owner meet him he shall be authorized to seize whatever he has about his person, such as a kriss, cleaver, knife, or spear, to bind the offender and, if a free man, to carry him to the Magistrate or if a slave to his master.

If a person go to hunt with toils, or nets or decoys, or to fish in rivers or lakes, it shall not be lawful for the person in authority over the land to hinder him, for the animals he goes in quest of are wild animals.

If however a man take a rich bee-hive without the knowledge of the owner of the ground, it shall be lawful for the latter to seize it and take it from him, and he shall be further fined to the extent of half a tahil. It is true the bees are wild animals but the hives afforded the owner of the ground a regular and certain revenue.

No. 4.

Paragraphs 13 and 43 of the Ninety-Nine Laws of Perak.

(Reprinted from Papers on Malay Subjects. "Law: Part II. “The Ninety-Nine Laws of Perak." Edited and translated by J. Rigby. Kuala Lumpur, F.M.S. Government Press. 1908,)

13. "What is the law in the case of the abandonment of a kampony or dusun?" His Minister replied, "If the owner of the crops is dead, whoever passes by that place may take and eat the fruits thereof, and he need pay nothing, but only the bona fide wayfarer may so eat. But if the owner of an orchard is still alive and another person is in possession, they shall take the fruits jointly, the owner of the orchard and the man in possession. În the case of an abandoned dusun, if a neighbour has been looking after it he may share the fruits with the owner. But when the owner appears and wishes to take his fruits, he must give notice to the occupant; if he enters without warning his action is illegal, and he may be fined a paha of gold. On the death of an owner of a kampong or dusun, the usufruct goes to his female children, but the property reverts to the raja and is under the charge of the penghulu."

*

*

*

The

43. "What is the law applicable to the case of a man clearing and irrigating a piece of land?" Minister made answer, "A person arriving later will not be allowed to take land higher up, but he may take land lower down, provided that he does not interfere with the work of the first arrival. The newcomer must compensate the first settler for half his loss."*

The Malay law of real property is not complicated. It is not surprising, therefore, that we find only two sections, 13 and 43, dealing with real property. Anyone interested in the subject should consult W. E. Maxwell's article in the J. R. A. S. and the modern land law of the Federated Malay States, which crystallises Malay practice and carries it to its logical end, i.e., that if a holder abandons land, it reverts to the Ruler of the State.

No. 5.

Extract from "Minute on Land Tenure in Malay States on the Peninsula," by W. E. Maxwell, Acting Resident of Perak, March 17, 1877.

4

(Reprinted from "Memorandum on the Introduction of a Land Code in the Native States in the Malay Peninsula " by W. E. Maxweil, C.M.G., Colonial Secretary, Singapore: Government Printing Office, 1894).

Minute on Land Tenure in Malay States on the Peninsula.*

IN forwarding a short Code of Land Rules which, though specially drafted for Perak and Larut, may be applicable elsewhere in the Peninsula, I think it advisable to add an explanatory memorandum.

Malay Customs. The key to the whole system lies in the recognition of the Malay doctrine that property in the soil is vested in the Raja of the country for the time being -in the State, in fact. The occupier has only the usufruct (usaha in Malay) or the right of possession as long as the land is kept under cultivation, the usual taxes paid, and the usual services rendered.

In a Malay State, the ryot, or peasant, may take up what jungle land he pleases, paying nothing for the first three years. After that time he is liable to pay to the State the customary taxes, which vary in different States, but which generally include a poll-tax of some kind and a tenth in kind of the produce of the land. He is also liable to be called on to render his personal services to the Raja, either in fighting for him, polling or paddling his boat, carrying his letters or messages, tending his elephants, &c., &c.

In districts where services are constantly exacted, the poll-tax is not commonly imposed. Thus in Perak the Malays of the Krian district (remote from the residences of the Rajas and Chiefs) used to pay a tax of $2.25 for every family-an impost which is unknown on the Perak River.

The right of possession to land lasts only as long as the land is kept under cultivation or a year (sometimes two) after cultivation ceases. The exact terin varies in different States and Districts. Land which is deserted or abandoned

See a much more elaborate essay on the same subject in the Journal of the Straits Branch, Royal Asiatic Society, 1885.

or which is suffered to be uncultivated for an unreasonable time reverts to the State, and the Penghulu or other person in charge of the district may hand the land over to some other cultivator. In this the Penghulu represents the Native Government, and the theory on which he acts is that as by the cessation of cultivation the Raja's tithe is lost, it is expedient that a new tenant for the land should be found who will keep up the revenue payments.

The operation of this rule or custom does not effect, to any great extent, lands planted with fruit trees, but is more especially applicable to paddy land, which soon reverts to jungle if not kept under cultivation. Land on which fruit trees are growing bears plain evidence of appropriation, and cannot be mistaken for jungle. Such land, therefore, if abandoned, is not summarily disposed of, but it is usual to enquire from the next of kin of the last occupier, by whom the land is alleged to be abandoned, whether it is intended to resume occupation. If not, the land reverts in theory to the State and is given to some new occupier.

Inheritance. The practice of making a will (wasiat) is known to the Malays, but is not common. The directions contained in a will are scrupulously observed, and departure from them is regarded as peculiarly sinful. The Malay custom (rasam) in Perak in case of intestacy is that the land and houses of the deceased descend to his daughters equally. The male children are supposed to be able to work for themselves, or at all events to marry wives who will have inherited property under this rule. Practically this rule is often disregarded, and the sons obtain a considerable portion of the landed property. The rules of inheritance then followed are those of the Mohammedan law.

Power of Alienation.-A Malay in a Native State, having only the usufruct of his land cannot sell or mortgage, as we understand those terms, land held under a variety of conditions will not attract foreign purchasers, nor is it a very valuable security for the repayment of money advanced. The only modes of alienation known to the Malays are pulang blanja, "return of expenses," a transaction by which the owner of a piece of land instals another in his place, receiving from him a sum supposed to cover expenses of the original clearing of the land, and jual janji or "conditional sale" differing from our mortgage in this respect that the property which is the subject of agreement is delivered over by its owner to the vendee (who advances