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"^SRARW"'

"^RAR^'

./ ^

-^^.^.//.

HAND-BOOK

roK

/♦»#V

BRITISH Bl^RMA,

COtfPILCD ?.\

G^ E^ FRYEK, Cvptxin,

UADBA8 STAFF COBTS,
ASSISTANT SBCRITART TO THE CHIEF COMMISSIONER

OF BRITISH BURMA.

PUBLISHED BY AUTHOBITY.

MAULHAIN :
T. W H I T T A M.

1^7.

"'Srar^'

HAND-BOOK

FOR

-Si
1%

BRITISH BUKMA,

1 .

OOUTtLtV S'.

G^ E^ FRYEK, C vptxtn,

UADBA8 STAFF COKTS,
ASSISTANT SECRETARY TO THE CHIEF COMHISSIOXER

OF BRITISH BURHA.

PUBLISHED BY AUTHOBITY.

MAULHAIN :
T. W H I T T A IC.

1^67.

r9£

o(a ^

■■7/

/ r

CONTENTS.

PART I.

INTRODUCTORY.

Page-
Minute by the Chief Commissioner ... ... 1

PART IT.

POLITICAL.

Treaty with the King of Burma ... ... ... 3

Import and export tariff ... ... ... ... 6

Act IV of 1863 ... ... ... ... ... 8

, Act XII of 1864... ... ... ... ... 10 s

Bules relatiTe to goods imported into Bangoon ... 11

Boles for guidance of British and Burmese travellers... 15

PART III.

JUDICIAL.

SECTION I.— CIVIL JUSTICE.

Act I of 1863 ... ... ... ... ... 17

Act XXIV of 1863 ... ... ... ... 26

list of Courts invested with powers under Act XXIY

Ot LrlOo ••. ••• ... ... «.. ^o

Act XXVn of 1861 ... ... ... ... 81

Government resolution having reference to civil and

criminal justice in Port Blair ... ,s^ ... 37

Act XIII of 1859 (Artificer's Act) ... ... 40

Act XXI of 1863 (Becorder's Act) ... ... „

mm t

' lU

K • COXTKXTS.

Page.

Establishment of a Becorder^s Court for the town of

SangooQ ... ... .,.. ... 53

Establishment of a Becorder^s Court for the town cf

Maulmain ... ... ..« ... ... 59

Act III of 1866 (Begistrar's Act) ... ... ... 60a

Notification appointing Begistrars ... ... ... 61

General rules and orders of the Becorder of Bangoon ... , ,
Bules concerning the admission and practice of advo-
cates in Becorder's and Small Cause Court, Bangoon.. 80
Notifications by Becorder ... ... 84 to 86

Bules for registry of deeds ... ... ... 87

Bules regarding mortgages ... ... ... 95

Statement of unclfiin^ed property of persons dying

intesiate ••• ••■ ... ... ... 97

Bules of practice of district Courts ... ... 98

Bules for allowance to witnesses ... i . . ... 109

Instructions for Government pleaders ... ... 110

Bules for admission and practice of certificated pleaders 112

Bules for examination of third class pleaders ••• 121

SECTION II.— CBIMINAL JUSTICE.
Ooremment notification regarding Ac^ XXY of 1861

and XV of 1862 ... ... ... 123

Chief CommLssioner'a notifici^tion regarding infliction of

corporal punishment, under Act VI of 1864 ... „
Bules regarding deputation of witnesses to Supreme

court ... ••• ••• •.. ... 124:

Bules regarding British subjects committed to Supreme

court, Calcutta ... ... ... ... 125

Bules regarding travelling allowance to witnesses ... 126

Bules for the guidance of Honorary Magistratea . . . 128

Eees on criminal processes ... ..• ... 132

SECTION III.— POLICE.

Act ni of 1857 (notification regarding) ... ... 183

Act V of 1861 (extension of)

#•• ••• •••

y»

OOyTENTS, m

Page.

Memorandum by Chief Commissioner relative to

administration of Police ... ... ... 10 (•

General Police fond ... ... ,,. ... 14^2

Notification relative to Police officers' Magisterial

powers ••• ... ..< ••« ... 142a

PART IV.

REVENUE.

SECTION I.— LAND BEVENTR

Bules and directions for the revenue administi^tion of
theprovinoe ... ... ... ... ... 143

Bules for the employment of Assbtants and Extra
Assistants of the first class, in revenue administration,
when stationed away from head-quarter station ... 176
Portions of Act X of 1862 applicable to revenue oases
in British Burma .., ... ... ... 178

Minute on the preparation of the annual revenue import 180
Bules for the collection of a 5 per cent cess ... ... 185

Bules for the sale of uuassessed waste lands ... ... 183

Bevised rules alternative to the above ... ... 213

Kotification constituting certain courts for the investi-
gation and trial of claims under section 7 Act XXIII ^
01 loo3 ... ... ... ... ... m4^

Bules for settlen^ent of land revenue in district of
Bangoon ... ... ... ... ... 232

Bules for settlement of land revenue in district of
Toxmg-oo ... •.• ... ... ... 233

General rules for granting leases of land for a term of
years ... ... ... ... ... 235

Directions for the assessment of paddy land. . . ... 238

Bules for granting leases of land for a term of years to
individual land holders ... ... ... ... 249

IV COXTKNTS.

Hules for the collection of a land asBesstnent !n lieu of

capitation tax in certain towns in the division of Pegu 250

Bales for the guidance of Thoogyees in town and
suburbs of Bangoon ... ••• ... .... 257

Bules for the grant of town allotments in Bangoon ... 258

Bales for the grant of suburban allotments in Ban-

goon ... ... ... ••• ... 263

Bules for the grant of ship-building and timber-yard

allotments in Bangoon. •• ... ... ... 2G5

Bules for the grant of extra suburban allotments in

Bangoon ... **• ... ... .•• 267

Bules to ensure the better observance of certain rules

above alluded to ... ... ... ... 268

Bule having reference to transfer of town allotments . . . 270

Bules for conducting sales of land by auction in the
town and suburbs of Bangoon ... ... ... 271

Bales for the grant of land for shipping yards on the
Bassein river ... ... ... ... ••• 276

Bules for the sale of land in the town and suburbs of
Maulmain ... ... ... ... ... 279

SECTION II.— MISCELLANEOUS BEVENUE.
CHAPTEB I.— ABKABEE.

Bules for sale of wine, beer, spirituous and fermented

liquors and intoxicating drugs ... ... ... 286

Chief Commissioner's orders regarding Yunan opium ... 303

Powers of civil subordinate officers in abkaree cases ... 30:li

CHAPTEB II.— CUSTOMS.
Act XXX of 1854 ... ... ... ... 306

Act XXV of 1865 ... ... ... ... 311

Table of rent of goods in the bonded warehouse at

Bangoon ... ... ... ... ... 315

Schedules of rates on goods, Ac, landed or shipped at

the piers in the port of Akyab ... ... ... 316

Bangoon custom houBe wharf rules ... ... 317

CONTEXTS.

PART v.

LOCAL IXSTITUT[0:CS AND Ft'ND.S,

SECTTOX I.— MUNICrPAL.

Pago.

Act XIV of 1854J ... ... ... ... 319

Act Xin of 1856 ... ... ... ... 327

Act XLVIII of 1860 ... ... .. ... 334

Banged minute on the local funds of the pro?in(»e ... 338
Instructions for carrying out the new system of audit

and account of local funds ... ... ... 343

General rules regarding tho application of municipal

lunciB ... ... ... ... ... tixo

Sules for the collection of municipal tax in certain

towns in Pegu division .. . ... ... ... 348

Eules for levying municipal tax in the town of Mergui 362

Fees of toddy trees within the town of Bangoon ... „

SECTION II.—FEKBIES. .

Eales for renting out ferries in the suburbs of Bangoon 853

Rules for renting out ferries in the district of Toung>oo 354

Bules for renting out ferries in Arakan ... ... 356

Bules for regnlating ferries in Martaban district . . . 359
l^onn of license to be signed by ferry licensed holder at

Manlmam ••« .•■ ... ... ... 361

SECTION III.—IIACK CABTS AND CABBIAGES.

Rules for registration and licensing hack carts in Bon*

goon -.. .«• ... ... ••« ooo

Boles for hack carts in Maulmain ... ... ... 864

Bales for hack carriages in Bangoon ... ... 806

Boies for hack oarriagee in Maulmain ... ... 870

Bales for hack carriagejv is Akyab .. . «.. ••• 874

VI CONTEXTS.

SECTION IT. BAZAARS.

Page.

Rules for the bazaar of the town of Prome ... ... 370

Rules for the bazaar at Kattiah ... ... ... 380

Rules for the bazaar at Toung-oo ... ... ... 381

Rules for the bazaars in the Tenasserim division ... 382

Rules for the Government bazaar, Akyab ... ... 384

Rules for the Shw6-by a bazaar ... ... ... 386

Rules for bazaars in the towns of Kyouk Phjoo, Bamree

andSandoway ... ... ... ... 387

Standard measure for retail sale of grain in bazaars in

Pegu and Tenasserim ... ... ... ... 388

Weights used in British Burma ... ... ... 390

SECTION v.— GENERAL.

Rules for a licensed slaughter-house in Rangoon ... 391

Extension of section 34^ Act Y of 1861 to certain towns 392

Conservancy rules for town of Rangoon ... ... 394i

Rules for renting temporarily vacant land on the river

bank in Rangoon ... ... ... ... 39G

Rules for tiling houses in town of Proino ... ... 397

Rules for licensing vendors of articles at main wharf

Bangoon ... ... ... ... ... 400

PART VT.

MARINE.

SECTION I.—PORTS.

Act XXII of 1856 ... ... ... ... 401

Act XXXV of 1857 ... ... ... ... „

Removal of Rangoon light vessel ... ... ... 403

Directions for entering Rangoon river 404

Rangoon port rules ... ... ... ... 405

Rules for guidance of shipping master at Rangoon . . . 407

Rules for guidance of harbour master at Rangoon . . . 408

CONTENTS. VU

Page.
Rules for signals and signal guns at Bangoon 410 and 411

Act XXV of 1860 ... ... ... ... 411

Sailing directions for entering Bassein river ... ... 412

Sailing directions from Dalhousie or Negrais island to

Bassein ... ••• ••• ...^ ... 415

Notification regarding limits of Bassein port ... 417

Notification regarding Alguada reef and Double island

lighthouses ... ... ... ... 417 to 419

Xotification regarding limits of port of Maulmain ... 420

Hules and rates of hire regarding boats at Maulmain ... 421
Xotification and order having reference to the ports of

jfuasan .«. ••• ••• •>. ... 4^17

Light house and beacon off Arakan coast ... ... 432

Inquiries into shipwrecks and casualties ... ... 433

Rules regarding freight on private cargo in government

* vSsexs ••• •«• ••• ... ... TSfj'M

Limits of port of Akyab ... ... ... ... „

Akyab port rules ... ... ... ... 435

Limits of port of Kjouk Phyoo ... ... ... 438

Kyouk Phy 00 port rules ... ... ... ... 439

Act XLVIII of 1860 ... ... ... ... 442

Act XIII of 1856 ... ... ... ... 443

Longitude of Andaman islands ... ... ... 444

SECTION II.— PILOTAGE.

Rules for pilots in port of Bangoon ... ... 445

Hales for pilots in port of Bassein ... ... ... 457

Rules for pilots in port of Maulmain ... ... 463

Rules for pilots in port of Akyab ... ... .., _ 468*

PART VII.

FORESTS.

Powers of Chief Commissioner under Act VII of 1865 ... 431
Soles for the sdministratioa of forests in British Burma ,,

Viii CONTENTS.

Page.
Bules for the guidance of the officer in charge of

Kuddo revenue station ... ... ... ... 505

Bules for conducting girdling operationB ... ... 508

General rules ... ... ... ... ... 514

Rules for drift timber ... ... .-. ... 518

Procedure for reporting and clearing timber at Kuddo 519

Amended rules for cutting iron wood in Arakan ••• 524:

PART Vlll.

MISCELLANEOUS.

General order regarding examinations „c ... 527

llules for examination in the Burmese language ... 528

Bules for examination in the Karen language ... 531

Bules for the examination of Assistant Surgeons in

J3U1 meso ... •». ••• ... •*. II

Bules for the examination of junior officers in the

Commission ... ... ... ... ... 532

Bill 08 for tlie examination of Assistant Superintendents

of Police ... ... ... ... ... 534r

Bules for the examination of native Extra Assistant
Commissioners ... ... ... .'..537

Bules for the disposal of dead bodies in the chief towns

of the province ... ... ... ... 639

Bules for grants-in-aid to schools ... ••• ... 542

Bules for land measuring schools in the interior Prome

district ... ... ... ... ... 545

Memorandum by Chief Commissioner regarding mar-
riage licenses ... ... ... ... ... 546

Bules to be observed bj travellers putting up at the
travellers bungalow Bangoon ... ... ... 548

Bules for the working of stamping machines in British
Burma ... ... ... ..^ ... 549

CONTENTS, ix

Page.

ProviaioDal rules for the guidance of hcaltb officers ... 551

Eules for the registry of births and deaths ... ... 552

Bules for the management of the Sangoon general

dispensarj- ... ... ... ... ... 551

Rules for the management of the Maulmain general

hospital ... ... ... ... ... 557

&Ie of medicines to the public at Maulmain... ... 559

Hules for the Akyab general hospital ... ... 561

Eulea for the payment of general hospital bills ... 563
Bules for the management of the Bassein charitable

dispensaty ... ... ... .,. ... 564

Hules for the management of the Frome charitabI^

diapeuBarj ... ... ... ... ... 567

Bules for the management of the Thayet-myo charitable

dispensary ... ... ... ... ... 571

Bules for the management of the Toung-oo general

dispensary ... ... ••• ... ... 575

Bules for the management of the Henzadah and Myan-

Oung dispensaries ... ... ••• ... 577

Lkt of holidays ... ... ... ... ... 579

APPENDIX.

Police when available to be employed In serving pro-

vCSOCO ... .*• ... ... ...

Powers of Chief Commissioner under Act III of 1864..
Declarations under section 11 of Act X of 1865 to be

deposited in the Chief Commissioner's office
Act XXII of 1864 extended to the Cantonment of

Bangoon ... ... ... ... ... n

Chief Commissioner to receive reports and issue orders

in cases coming under Act I of 1849

)»

Duties of the Court bailiff"

••• t.» ;}

X CONTENTS.

Page.
Bulee for payments to hired peons for the service of

civil processes ... ... ... ' ... iv

Limits of the port of Akyab ... ... ... v

Note to rule 15 of Bevenue rules of 1862, being rule 17

of 1865, regarding mortgaged land ... ... ,,

Capitation tax rates, Arakan ... ... ... vi

Bule for Toungya or hill plantation ... ... tu

Additional list of nets in the Myan-Oung district ... viii

Bales for the vending of commercial and judicial stamps ,,

Bules for slaughtering cattle in Maulmain ... ... ix

Bates of freight and passage on board Government ves-
sels, from Bangoon or Maulmain, to Port Blair and

vice versa ••• ... ••• ••• ••. xi

CORRIGENDA.

Vi'j,^' 3 Line 8 For SOth December read 13/^

December,

•» ^ .» IS For 30th December 1805 read

30/A December 1864.

•1 CO „ 12 For Yau-thU read Yv.a'thU,

Co ., il and 12 from bottom For Kau Mopoon read Kall^

Mopoon.

SS ,, 17 Yor lest reoAlea^t,

<.»o jy 14 For ftoMflrA^ read 6rouflfA^

W> ,, 8 from bottom For /o/'erer read /or crer.

00 ,, 4 in margin Y or Agustresudi August,

114 ,, '] from lx)tt<>m For acre read rfA/i.

114 ,, 4 from l)ottom For Martahen resA Martaban.

., Iol> To the "remarks" "in tree

assessment table" add the
following ; — P a I m treea
which after having come to
maturity are not icorhed^
that i% from which no jtiice
is extracted, loiU be taxed at
the annual rate of a quarier
anna per tree,

-, 156 ,. 16 Aufter words ** intend to cidtl-

rate tJtcmsclvea" insert or jwy
thefalloio land tux on,

,, ir»C ,. 27 Afterwords ^* not to cultivate''

insert the land, or pay the.
fallow land tax on it, or cause
it to be cultivated,

,. 187 . For iTile 15 of five per cent.

cess rules substitute the fol-
lowing : — ** The amount of
commission payable to TJiOO-
oyees upon the local cess col*
lections is tea (10) per cent,
on all such collections up to
rupees 6»000 within (lie year.
If the local cess collections
ctceed that amount, half the
fihoi'e rate of percentage will
f'C alioircd on the surplus,"

315 „ 6 For:>(M'f iitptember 186C read

30i?i September 1866.

317 I, 16 Tixr^'CtuUmhtnuewhar/mles*

read Chutom hatue wharf
nUeB BanffoatL

,, 339 „ 9 fat are derivfed mA ia derirrd.

,, 408 last senteacQ at bottom of Dele. " The wani of this care

{Mge tocu the oaiMe q/* much com-

phini Uut year,"

,, 409 „ 10 from bottom Del& '* to me."

„ 421 ,, 2 After the word '^MatUmain''

add mode tvbject to Act XXII

446 „ 2 in margin from bottom For PUota read P»to/ 6oa^.
466 ,, 11 For supercede read supersede.

447 M 1 and margin For supercede read supersede.

,, 484 ,y 18 For trtfA read without.

I'he reader is reriuested to begin hj making tkcse corrections.

PART L-INTRODUCTORY.

MINUTE
By the Cheep Commissioner of British Burma,

Dated 10th Februajy 1862.

In pursimnce of the Resolution of His Ex- Preamble.
ecUeney the Govemor-General in Council, dated
31st Januaxy 1862, whereby the Burmese pro-
vinces of British India are formed into the
province of British Burma under a Chief Com-
missioner, it becomes necessary to indicate the
departments of the public service, which will
remain under the direct control of the Chief Com-
missioner, and those, which, until further orders,
will still continue under the immediate orders of
the Commissioners of divisions.

Under the Chief Commissioner's control there Departments
vnH be the foUowing departments :— ^o^.Jf ^^".

troL

1. Department of Public Works, in which the |
Chief Engineer is ex-officio Secretary. f

2. All arrangements and correspondence with

the General commanding the division, relative '

to military affairs.

3. Forests.

4. Police.

5. Prisons,

6. Port Blair.

7. Communication with the Burmese Govern-
ment.

8. Marine.

undw *(^nta^i°tf Under the Commissioners of divisions, then

Commieaioneni of yaH be the followinff :

division. ^

1. Judicial.

2. Revenue.

3. Medical.

4. Customs.

5. Education.

6. Settlement of land revenue.

7. Municipal affairs and local funds*

8. Port affGurs.

9. Communications with the Karennee States
(Pegu), with various Shan States (Tenasserim)i
and with petty independent frontier tribes (Ara-
kan.)

Communications with Consuls at the several
ports, should generally be through the Commis-
jsioner of the division.

PART IL"i OLITICAL.

TREATY WITH THE KING OE BURMA.

No. 268.
Political.

Fort William, the 30th April 1863.
The following treaty concluded with His
^[ajesty the King of Burma on the 10th- No-
vember 1862, and ratified on the 30th December
following, together with a schedule of duties to
1)e levied by the Burmese Government on the
frontier, is published for general information.

By order of the Hon'blc the President in
Council.

E. C. Batley,
Qffff, Secy* to the Govt, of India.

TREATY WITH THE KING OF BURMA,
DATED 10th November 1862.

On the lOth day of November 1862, answering
to the otli day of the waning moon Tatshoungmon
1224, Lieutenant-Colonel A. P. Phayre, Chief
Commissioner of British Burma, having been /

duly empowered by His Excellency the Bight j

Ilon'ble the Earl of Elgin and Kincardine, k.t.,
and G.C.B., Viceroy and Governor General of
India, and Woongyee Thado Mengyee Maha
Menghla-thee-ha-thoo having been duly empower-
ed by His Majesty the Bang of Burma, conclud-
ed the following treaty : —

Article 1*
The Burmese and British rulers have for a
long time remained at peace and in friendsliip ;
peace shall now be extended to future genera-
tions, both parties being careful to observe the
eonditions of a firm and lasting friendship.

Article 2.

In accordance with the great fricndsliip exist
ing between the two countries, traders and othc]
subjects of the Burmese Government who maj
travel and trade in the British territory, shall, ii:
conformity with the custom of great countries
be treated and protected in the same manner ai;
if they wefe subjects of the British Government,

Article 3.

Traders and other subjects of the British Go-
vernment who miay travel and trade in the Bur-
mese territory shall,, in accordance with the
custom of great countries, be treated and protect-
ed in the same manner as if tliey were subjects of
the Bxmnese Government.

Article 4.

When goods are imported into Rangoon from
any British or foreign territory, and declared to
be for export by the Irrawaddy river to the Bm--
mese territory, the EngUsh ruler shall, provided
bulk is not broken, and he believes the manifest
to be true, charge one per cent, on their value,
and, if he so desires, shall allow them to be con-
veyed under the charge of an officer until arrival
at Maloon and Menhla. The tariff value of goods
shall be forwarded yearly to the Burmese ruler.
If such goods are declared for export to other
territories, and not for sale in the Bxurmese ter-
ritories, the Burmese ruler shall, if hebeUevcs
the manifest to be true, not cause bulk to be
broken, and such goods shall be free of duty.

Article 5.

When goods are imported into Burma by per-
sons residing in the 5^i™iGse or any foreign
territory, and declared to be for export by the
Irrawaddy river to B/angoon, the Burmese ruler
shall, provided bulk is not broken, and he be-

lieves the manifest to be true, charge one per
cent, on thcu* value, and, if he so desires, shall
allow them to he convoyed under the charge of an
officer to Thayetmyo, and the tariff value of such
poods shall be forwarded yearly to the British
ruler. . If such goods are declared for export to
other territories, and not for sale in British ter-
ritory, such goods shall be free according to the
customs schedule, but goods liable to sea-board
duty will pay the usual rate.

Article 7-

Traders from the British territory who may
desire to travel in the Burmese territory, either
by land or by water, through the whole extent of
the Irrawaddy river, shall conform to the cus-
toms of the Burmese territory, and shall be al-
lowed to travel in such manner as they please
without hindrance by the Burmese ruler, and to
pmrchase whatever they may require. British
merchants will be allowed to settle and to have
lands for the erection of houses of business in any
part of the Burmese territory.

Article 8.

Should the British ruler within one year after
the conclusion of this treaty, abolish the duties
now taken at Thayetmyo and Toung-oo, the
Bunnese ruler, with a regard to the benefit of
the peo|de of his country, will, if sO inclined,
after one, two, three, or four years, abolish the
duties now taken at Maloon and Toung-oo [in the
Burmese territory.]

Article 9.

People from whatever country or nation who
Baay wish to proceed to the British territory the
Bunnese ruler shall rdlow to pass without hin-
^nce. People from whatever country who may
desire to proceed to the Biumcsc territory the

British ruler shall allow to pass without liin
drance.

0'Sd.) Arthur Purvis Phayre, Lt.-CoL
Appointed by the Viceroy and
Oavernor- Getierat

e(Sd.) WooNGYEE Thabo Mengyee,
Maha Menghla-thee-ha-thoo,
Plenipotentiary to His Majesty tJie
King of Burma.

Ratified by His Excellency the Viceroy and
Governor-General in Council on the 13th Decem-
ber 1862,

Schedule of customs duties to he charged on goods
imported into or exported from the Bti/rmese
territory from or to the sea-hoard other than
goods entering or passing v/nder articles 4 and 5
of the treaty with the Viceroy of India, dated
the 13th December 1862.

Import TARrrp,

Goods brought by sea from the western coun-
tries such as —

Cloths and piece goodsr

Glass ware.

Iron ware.

Crockery, medicines.

Provisions and all other articles will pay an
ad valorem duty of 10 per cent.

Export Tariff,

Goods such as those entered below exported
from any part of the Burmese territory will pay
an export duty of six per cent, ad valorem.

Timber.

Ginger.

Planks.

Small mats.

Stick lac.

Large ditto for house

Ivory.

partitions.

Arsenic.

Copper.

Saw silk..

Chinese copper coin.

Sulphur.

Lead.

Honey.

Paper.

Tinsel.

Colored paper.

Iron pots.

Wood oil.

Dammer.

Bark of trees,

Vamish.

Jars.

Sapan wood.
Coloring powder.
Sugar.
Ghee.
Tea.

Gold leaf.

Bough smelted iron,
"Wheat.

Beans and peas of all
sorts.

Wood poles.

Bamboo.

Rattan.

Roofing straw or grass.

Yams of sorts.

Roots ditto.

Fruits.

Wild silky cotton.

Priests* utensils.

Petty ditto for personal

use.
Soap.
Lime.
Earth oil.
Lacquered ware.
Iron ware.
Fuel.

CharcoaL
Salt.

Tobacco.

Chillies. .

Onions and garlic.

Cutch.

Jaggay or raw sugar.

Tamarind.

Raw cotton.

Cotton piece goods.

Sessamum seed.

Silk dress pieces will pay an ad valorem duty
of two and a half per cent.

(true translation.)

(Sd.) A. P. PflAYRE,

Chief Commiamaiter^

British Burma,

Thaybtmyo, \

The 10th February 1863. |

^^-^T-Xhe ftb^re rAten of duty {ur« liftble to reriision aft«r due notice.

8
ACT No. IVoFlSG3.

P.VSSED BY THE OoVEHNOR-GeNERAL OF

India in Council.

{Received the assent oftlie Gavemor-Oeiieral
on the 2Qth January 1863.)

An Act to give effect to certain proviaions of a
treaty bettoeen His J^cellcficf/ 'the Earl of El-
gin and Kincardine^ Viceroy and Oovemor-
General of India, and His Majesty the King of
Burma.

Preamble. Whereas a treaty has been negotiated be-

tween His Excellency the Earl of Elgin and Kin-
cardine, Viceroy and Governor-General of India,
and His Majesty the King of Ava, and in the
4th and 8th articles of the said treaty it is sti-
pulated and agreed as follows : —

Article Mh. " When goods are imported into
" Rangoon from any British or foreign territory,
" and declared to be for export by the Irrawaddy
'* river to the Burmese territory, the English
" ruler shall, provided bulk is not broken, and
" he believes the manifest to be true, charge
oxie per cent, on their value, and if he so desires
shall allow them to be conveyed under the
** charge of an officer until arrival at Maloon and
MenObla. The tariff value of goods shall be for-
warded yearly to the Burmese ruler. If such
goods are declared for export to other territo-
" ries and not for sale in the Burmese territories,
" the Burmese ruler shall, if he believes the
" manifest to be true> not cause bulk to be bro-
^* ken and such goods shall be free of duty.

Article %th. " Should the British ruler within
" one year after the conclusion of this treaty
" abolish the duties now taken at Thayetmyo
" and Toung-oo, the Burmese nder with a rc-

((
it

'• OTiti to tlic benefit of the people of his country
*• will, if so inclined, alter one, two, three, or four
*• years abolish the duties now taken at Maloon
" and Toung-oo (in the Burmese territory)."

And whereas it is necessary to give effect to
llie stipulations and engagements aforesaid by an
Act to regulate the duties of customs at the port
uf Rangoon and elsewhere in conformity to such
stii)ulations and engagements; It is enacted as
follows : —

I. When any goods are imported into Ran- Duty on gocwis
iroon fix)m any British or foreign territory who- ]^^^ f^^^^
thcr under bond or otherwise, and declared by British or forei^I
the importer thereof to be for export by the *^"^^J^^^j^^J
Irrawaddy river to the Biirmese territory for sale ad miorcm.
therein, or for export through such territory for

sale in other territories, such goods may be enter-
txl at the custom house at Rangoon for such
export and sale, and thereupon a duty of customs
of one per cent, ad valorem and no more, shall
be charged, provided that bulk of such goods is
not broken, and the officer in charge of the cus-
tom house is satisfied of the truth of the entry
of such goods in the manifest of the vessel
v» herein such goods are brought to Rangoon.

II. Whenever any goods are entered at the conveyance of
custom house at Rangoon under the last preced- «?^^ '^^p'I^ ^

.. , ," 1 liTijr above to Maloon

ing section such goods may be conveyed to Ma- and Mcnhia.
loon and Menhla under charge of an officer to be
appointed for the purpose, and the officer so ap-
pointed to the charge of such goods shall be held
to be a public servant within the meaning of
auction 186 of the Indian Penal Code.

III. It shall be lawful for the Govemor-Ge- oovernor-Ge-
neral of India in Council by a notification to be ^^^^^ "^*y discon-
published in the Calcutta Gazette, to order the taken at 'rhayet^
discontinuance of the duties or any of them now ^^^ ^^ Xoung-
levied at Tliayetmyo and Toung-oo, and subse- *^'
fluently, if he shall see fit, by a like notification

f o orclcf that such diitios or any of them shall he
revived and rc-imposed, and any order made and
published under this section shall have the force
of law.
commcncemcut IV. Tliis Act shaU take effect from the time

when the ratifications of the said treaty are ex-
changed.

ACT No. XII 0¥ 18G4.

of Act.

Passed by the Gtovernor-General of
India in Council.

(Received the assent of the Govemor^General
Oft Uie 18<A March 1864.J!

An Act to give further effect to the provisions rrf
Act IVqfl^S (to give effect to certain provi-
sions of a treaty between Sis Excellency ike
Earl of Elgin and Kincardine^ Viceroy atrd
Goveinior-Genei^al of India^ and Sis Majesty
the King of Burma).
Preamble. Wheiieas it is neccssaiy to provide for tte

more effectual carrying out of the provisions of
Act IV of 1863 (to give effect to certam provisions
of a treaty between Sis Excellency the Eart of
Elgin and Kitwardine, Viceroy and' Governor'^
S General of Lidia^ and Sis Majesty the Khtg- of

BtmnaJ ; It is enacted as follows : —
GoTcrporGe. I. It shall be lawful for the Govemor-GiBneral

neral m Council oTi«*r^ -i^ -i j- t. ^

may pass rules to 01 India lu Council to make and issue rules to
f vy^m*^ ^«* give effect to the said Act IV of 1863, and rcgu-

late all matters relating to the import and export

of goods or otherwise arising und» that Act :

and from time to time tb add to, alter or re-

TroTisok voke such rules or any of them^ Provided that

no rule so made shall be ineoniustent with any
provision of the said Act IV of 1863, and that
the penalties prescribed in such rtrtea for their in-
fringement shall not exceed, and shall so far as
circxmistanccs will admit be the same as, or simi^

iar to, the penalties prescribed in the Uke eases
by Act VI of 1863 (to consolidate arid amend the
ImoB relating to the administration of the depart-
fiietU of sea ctistoms in India). All rules made
under this section shall be published in the (7a-
zette of India.

II. Every Collector of customs, or other offi- indemnity,
xjer, is hereby indenanified f» efwry thing done
tm er after the date on which the said Act IV of
1863 Hcame into operation, in collecting or en-
forcing the •duty imposed under the provisions of
that Act, or by virtue of any order of Govern-
ment or otherwise in carrying the said Act IV of
1863 into eflFect : and no action or other proceed-
ing shall be maintained against any such Collec-
tor or other officer in respect of any thing so
done.

RULES RELATIVE TO GOODS IMPORTED

INTO RANGOON,

XTnder article 4 of the treaty vMh JBurma.

1. Goods imported into Rangoon which are
liable to an import duty if intended to be for ex-
port by the Irrawaddy river to the Burmese ter-
ritory for sale therein, er pass through it for sale
in countries beyond, may be placed in bond lia-
ble to tiie ordinary rules for bonded goods, and
when declared to be for export as above men-
tioned, shall be liable to the duty expressed iu
Act IV of 1863,

2. When goods are so declared for export, a
manifest thereof in the same form as that used
for goods arriving by sea, shall be delivered by
tiie owner, agent or consignee to the Collector
of customs, and if they are in a closexl box or
package, the Collector of customs may open the
same to compare the contents with the manifest,
w may receive such box or paakage a^d stazx^

or mark the same iu sucli conspicuous and iiido^
lible manner as mav hereafter be directed, au«.1
shall assess the same for duty at one per cent. ac\
valorem,

3. Should the said goods not be required td
be shipped within twenty-four hours after sue It!
assessment to be sent uj) to the Irrawaddy, thejH
must remain in charge of the Collector of cus-
toms, who shall direct them to be put into the
bonded warehouse. Should the o^\Tier of sucli
goods not desire that they should be placed in
the bonded warehouse, although they may be in-
tended to be kept before shipment for more than
twenty-four hours he can retain them in his own.
charge on paying the full duty to which they
would be liable if not declared to be for export
under rule 1.

4. Goods, once declared for export under rule
1, if afterwards required to be otherwise disposed
of, can be so on payment of the full duty, to wliicli
they would have been liable if not declared for
export under the said rule.

5. All goods bonded shall be liable to the
rules laid down in Act XXV of 1836, and other
Acts amending the same.

6. Goods not liable to import duty at Ran-
goon, can pass up the Irrawaddy river into the
Burmese territory without an order, but if intend-
ed for export beyond that terrritory may be so
declared and be packed up and marked accord-
ingly as pro\dded in rule 2,

7. No goods shall be shipped to go up the Ir-
rawaddy beyond the &itish frontier under these
rules except by an order &om the Collector of
customs in form A. annexed, such order, written
both in English and Burmese, shall be delivered
to the owner or person in charge of the goods,
one copy shall be given to the custom house
officer accompanying the goods, and one copy be

gent l3y the post to the Collector of customs or
other officer of customs at Thayetmyo. A sepa-
rate shipping order will be required for goods ac-
cording to the place where they are declared for
sale, whether in Burmese temtory or elsewhere,
hey end it. Any goods sliipped or attempted to
l)e shipped without such orders will be liable to
be confiscated by the Collector of customs and
the owner or consignee on conviction before a
Magistrate, will be liable to pay a fine, not ex-
ceeding five hundred rupees for each oflfence.

8. In cases where it may not be considered
necessary for a custom house officer to accom-
pany goods from Rangoon up the Irrawaddy, the
Collector of customs, Rangoon, may allow them
to proceed without one, and the Collector of cus-
toms at Thayetmyo after satisfying himself, that
croods arriving at the frontier custom house cor-
respond with the entries in the shippmg order A.
will, also, after having satisfied himself that they
have passed the firontier and reached the Burmese
frontier cust<»n house, grant a certificate to that
effect. Such certificate must be produced to the
Collector of customs at Rangoon within sixty
days after the transit duty on such goods has
lieen paid, and if not flo produced, the party
to whom the goods belong, or who has shipped
them, will be liable to pay the fuU amount of du-
ty which would have been charged had the goods
not been declared for export beyond the British
territory.

9. Should the Collector of customs consider
any precaution necessary to secure the full amount
of duty which may become due under the preced-
ing r^e, he may require securily to tL full
amount of the difference between the transit and
the ordinary import duty, such security to be re-
turned on the production of the certificate from
the Collector of customs, Thayetmyo.

10. Hie Collector of customs at Thayefcmyc^
or any other custom house oflBlcer, or other perj
son, authorized by him, or by the Collector ol
customs of Rangoon, may at a period of the tran-
sit of the goods up the Irrawaddy river, while in
British territory, open the boxes or packages to
^ascertain xrhether they contain the goods as en^
terod, in the shipping order or jiot. Should tlii^
goods not be found as so entered, the o\nier, con-
signee, or other party, who may hare shipiKvl
the goods, shall be liable to the forfeiture decLaretl
in section 22 of Act XXV of 183C. And any per-|
son, who shall while the goods are in transit rc«
move or efface a stamp, mark, or seal, affixed hy
any officer of customs to any box or package, oc
who shall change the outer cover of any box or
package so mariced, or change the contents or
any part thereof, while the goods are in transit
shall be liable to the forfeit declared in sectiou
24 of Act XXV of 1836.

Order for shipping goods declared for export
beyond Sritish territory by ^ the Irrawaddy
river. *'

Date

■a

«*^

o S

« s ©

»*4

0) q

fill

if*!

^ U

""I

J9
o oT

(Sd.)

Collector of CuMomg,
Note. —All shipping orders for goods declared for sale in countries
beyoud Burma i^ill be printed on blue paper.

RUIiES FOR THE GUIDANCE OF

BRITISH AND BFEMESE

TEAVELLEKS.

Political Notification, 2ath May. — His Excel-
lency the Grovemor-General in Council is pleased
to publish for general information, the following
rules, prepared with reference to the case of Bri-
tish subjects traveUing (under article 3 of the
commercial treaty with Blirma, dated 1st Sei)-
lember 1827) iiithin Burmese territories, and
providing generally for the course to be pursued
by British subjects, when meeting Burmese offi-
cials upon the public streets and roads of the Bur-
mese capital, Mandelay^

These rules haye been fsamed by the Chief
Commissioner of British Burma^ with the con-
currence of the Govemment of Burma : and
Sis Excellency in Council desires to impress upon
persons travelling within Burmese territory the
necessity of strictly observing them^

Eeeent experience has shown the need of a
common code of rules, to which British and Bur-

. mese could alike refer ; and persons neglecting
to attend to the rules now published, will, in the

! event of complications, have no claim upon their
Govemment for redress : —

RULES.

I. — British subjects desiring; to travel through
any oT the towns and districts of the Burmese
empire away from the river Irrawaddy,. and not
carrying a large number of arms, but travel-
ling in the manner of merchants with four or five
ittuskets ODly^ will meet with no obstruction or
impediments and will be allowed to pass. But if
any British subject desires to travel with- a large
nimiber of musketS; say about ten or twelve, or

more, he must make an application to the Agent
to the Chiet Commissioner at Mandclav, wlio
will submit it through the Ayebaing Woongyeo
for the sanction of the Minister of the Hlo HtaA\' ,
A passport will be then for^-arded to the appli-
cant, who vrill^ in virtue thereof, be allowed to
travel unrestrictedly.

II. — British subjects when meeting Burmese
officials of rank preceded by Uetors, on any of the
roads within the four and eight divisions of the
boundaries of the Royal Golden City, must in all
eases shew due respect to such officials, either by
taking off the hat, or saluting with the hand. lu
the event of persons not attending to this rule,
the lictors wiU not be allowed to lay hand ui>oii
them, but a note wfll be taken of the occurrence,
the person or persons will be identified and suit-
able orders will be issued, which shall be commu-
nicated to the Agent to the Chief Conmiissioner
at the Royal Golden City.

III. — British subjects going to the capital of
Burma, who may not know what Burmese offi-
cials are entitled to the above-mentioned marks
of respect can receive full information from the
Agent to the Chief Commissioner at Mandelay.

PART in.-JUDICtAL.

SECTION I.— CIVIL JUSTICE.

ACT No. I OF 1863.

Passed by the Governor-General
OF India in Council.

fBeceived the assent of the Oojoemor-General
an the \hth January 1863^.

An Act to dejtfie the jurisdiction and to regulate
the procedure of the Courts of Civil Jvdicature
in Sritish Surma^ and to pi*ovide for the ex^
tens^ion of certain Acts to the said territory.

Whereas it is expedient to define the limits Preamble,
of the jurisdiction of the Courts of Civil Judica-
ture in British Burma; and whereas it is also
expedient that the Code of Civil Procedure should
have effect throughout British Burma subject to
certain alterations and provisos, and that provi-
sion should be made for extending the operation
of certain Acts to the said territory ; It is enact-
ed as follows : —

I. The Code called the CivU Code of the pro- J^^'''^^^""
mcc of Pegu is hereby riepealed. ^

II. There shall be six grades of Courts ii^courtfi^BiSilh
British Burma, which shall be in addition to Burma.

any Recorders' Courts, Courts of Small Causes,

or other Courts established tinder any Act wliich

niay be hereafter passed^ namely :—

1. The Court of the Extra Assistant of the
tliird class, or the Myooke's Coiu*t.

2. The Court of the Extra Assistant of the
'second class, or the Tscekay's Coiu*t, .

3. The Court of the Assistant Commissioner,
and the Court of the Extra Assistant of the first
class.

4. The Court of the Deputy Commissioner.

5. The Couvt of the Commissioner^

6. The Court of the Chief Commissioner.

Jurisdiction of III. The Court of the Extra Assistant of tho
AssiiLnt o?^ third class, or the Myooke's Court, shall havo
cias8,orMyooke'8 powcr to reccivc, try and determine suits of every
^^^^ description not exceeding 500 Eupees in value or

amoHut..

cJ"rt 'oI'e^^^ IV. The Court of the Extra Assistant of the
ABsistant of 2nd sccoud class, or the Tseekay's Court, shall have
c2^'^*^^*^ " paweB to receive, try and determine suits of every

description not exeeeding: 3^0 B/upees in value

or amount.

Co^^^f^Awist^ ^- ^® Court of the Assistant Conmrissioncr
ant commiBsioner and the Court of thc Extra Assistant of the first

]^ra A^Sant of ^^^^ ^^^^ hsive powcr ta receive, try and deter-
istcinsB. mine suits of every deseription not exceeding

5,000 Rupees in value or amjount.

Jurisdiction of VI. Tlie Court of the. Deputy CommissioneF

Court of Deputy ^ n i_ , • j : j i x

Commissioner, shall havc powcF to reccivcj try and determine

suits of every description exceeding 5,000 Rupees
in value or amount, and appeals from the deci-
sions and, where an appeal is allowed hy the
Code of Civil Procedure, from the orders of the
Courts of the Extra Assistants of the third class
or the Myookes' CoisrtSj of the Courts of the Extra
Assistants of the seeond class or the Tseekay s'
Courts, and of the Comrts of the Assistant Com-
missioners and Extra Assistants of the first class,
in the District of such Deputy Commissioner.

Jurisdiction of VII. The Court of the Conunissioner shall
Court of nums. y^^y^ powcr to hear and determine appeals from

the original decisions, and, where an appeal is al-
lowed hy the Code of Civil Procedure or hy this

Act, j^om the orders passed by the Courts of the
Deputy CoHimissioxiers in the division of sueh
Commissioner. The Commissioner may also re-
ceive a second appeal from the decisions of the
Courts of the Deputy Comnussioners in his divi-
sion passed in regular appeal reversing or modify-
ing the decision of the Court of original jurisdic-
tion, on a point material to the mmts of the case,
if on a perusal of the grounds of appeal and of
the judgi&ents of the Courts below, copies of
which judgments shall be filed with the petition
of appeal, a further consideration of the* case shall
appear to him to be requisite for the ends of jus-
tice. The decision of the Commissioner on such
second appeal, whether for jconfirmlng, modify-
ing or reversing the decision of the lower appel-
late Courts shaU be finals and no special appeal
shall be allowed in such case to the Chief Com-
missioner firom the decision either of the Deputy
Comissioner passed in regular appeal, or of the
Conunissioner of the division passed on such se-
cond appeal. The rejection of an appeal by the
Commissioner on a second appeal shall have the
same effect as a confirmation of the decree of the
lower Court.

VIII. The Court of the Chief Commissioner Junadiction of
shall, except as provided in the last preceding SmLiaionS^^^ ']
section and in section 18 of this Act, have power

to hear and detemdne spedal app^ds from the
decisions passed in regular appeal by the Deputy
Commissioners and by the Commissioners of
divisions,

IX. Every suit shall be instituted in the Court Court m which
of the lowest grade competent to try it. tuted. ""

X. It shall be lawful for the Deputy Commis- Transfer of suits,
sioner to withdraw any suit instituted in any ♦
Court sulx^'dinate to such Deputy Commissioner,

and to try such suit himself or to refer it for trial

io anv other Court subordinate to his authority
and competent in respect of the value of the suit
to tiT the same. And it shall be lawful for the
Chief Commissioner or for .the Commissioner of a
division to order that the cojfiiizancc of any suit
Or appeal which shall be instituted in any Court
{Subordinate to such Chief Commissioner or Com-
missioner, shall be transferred to any other Court
subordinate to his authority and competent in
respect of the value of the suit or appeal to tiy
the same.

mo^vaWe %^- ^^' ^ *^^ ^^* ^^ ^^^ ^^^ ^^ ^^^^^ iuimOV-

ty situate in dif- able property situate witliin the limits of differcMit
ferent districts. Qistricts within the same division, the suit mav

be brought in any Com't otherwise competent to
try it within the jurisdiction of which any portion
of the land or other immovable property in suit
is situate, but in such case the Court in which
the suit is brought shall apply to the Commission-
er of the division for authority to proceed wdth the
same. If the suit is brought in any Court subor-
dinate to the Court of the Deputy Commissioner,
the application shall be submitted to the Com-
missioner of the division tlu'ough the Deputy
Commissioner to whom such Court is subordi-
nate.

Suite for im- XII. If the districts \^dthin the limits of

movable proper- •• • , j, i • •! i i_» j j j'/x»

ty situate indis- which the property IS situate, are subject to differ-
diff*r ^^c^^^ ^ ^^t Commissioners, the application shall be sub-
Bioners. uuttcd to tbc Commissioner to which the district,

in which the suit is brought, is subject, and the
Commissioner to which such application is made
may, with the concurrence of the Commissioner to
which the other district is subject, give authority
to proceed with the suit.

Appeal to lie XIII. Exccpt whcu othcrwlse provided in anv

from all decwiona ,^ axtxt-j.' r. ' ' r

except when ex- Regulation or Act for the time bemg m force, an
prcssiy prohibit- appeal shall lie from the decisions of the Courts

pf original jurisdiction to the Courts aiithoj'^ei

by tliis Act to hear appeals from the decisions of
those Courts.

XIV. The memorandum of appeal prepared MemoranduiB
in the form and containing the particulars men- p^3^ ^ th^
tioncd in the Code of Civil Procedure shall be pre- appellate Couit
sented in the Court empwered to hear the appeal, ^^^ "^"^"^
within the period hereinafter specified, unless the
appellant shall show sufficient cause to the satis-
faction of such Court for. not having presented
the memorandum of appeal within such period,
that is to say, within tMrty days if the appeal lie
to the Court of a Deputy Commissioner, and six
weeks if the appeal lie to a Commissioner of a di-
vision. The period shall be reckoned from and
exclusive of the day on which the judgment ap-
pealed against was pronounced, and also ,exclu-
nive of such time as may be requisite for obtain-
ing a copy of the decree from which the appeal
is made. Appeals from orders, when such ap-
peal is allowed by the Code of Civil Procedure or
by this Act, shall be presented within the same
period as appeals from decisions.

XV. In cases of appeal preferred to a Deputy P^p^ty com-

j^ .. ij»^ J ^« missioner and

Commissioner under section 6, or to a Commis- commissioner
sioner under section 7 of this Act, it shall not "?*y *^^^"? '^^'

, ij-ji cision of lower

be necessary to summon the respondent m the Court appealed
first instance, and if upon the perusal of the gu^oniLg^the
judgment of the Court below, of the whole or respondent,
any part of the record of the original suit, and of
the petition of appeal in the presence of the ap-
pellant or of his duly constituted agent, the
Deputy Commissioner or the Commissioner, as
the case may be, shall see no reason to alter the
decision appealed from, it shall be competent to
him to confirm the same recording his reasons for
rejecting the appeal. In such case the Deputy
Commissioner or the Commissioner shall cause %

the order for confirmation to be made known to
the respondent through the Court from whose
^ ' ^decision the appeal was made.

sei^^cu r'^j!^ **^ XVI. Applications for a second appeal under
seconc appc a. g^^^^j^ ij ^j ^j^jg ^^^ gj^^ j^^ preferred in the

manner and within the period prescribed in sec*-
tion 14 for regular appeals to the Commission*
er of a division, and if the Commissioner shall
see fit to admit any such second appeal, it shall
be heard and determined in eyeiy respect as an
ordinary regular appeaL

AppiicatioMfor XVII. Applications for the admission of a
B^i^ap^SX^' special appeal, which the Chief Conmiissioner is

empowered by section 8* of this Act to receive
and determine, may be on any of the grounds
specified in section 372 of the Code of Civil Pro-
cedure. The application shall be presented with-
in ninety days reckoned from and exclusive of
the day on which the judgment of the lower ap-
pellate Court was pronounced, and also exclusive
of such time as may be requisite for obtaining a
copy of the decree appealed against, unless the
applicant shall show si^dent cause to the satis-
faction of the Chief Commissioner for not having
presented the application within such period.
The application shall be subject to all the condi-
tions, whether as regards stamp duty, remission
of a portion thereof when the application is
made iafarmd patiperiSf or otherwise, contained
in the said Code in cases of application'for the ad-
mission of a special appeal to the Sudder Court.

No Bpeciai ap- XVIII. No Special appeal shall lie from any
^ ofr^ (w decision or order which shall be passed in regular
w "^sLdi^^ appeal by any Court after the passing of this Act,
Courts. ^^ ill any suit of the nature cognizable in Courts of

Small Causes under Act XLII of 1860, when the
debt, damage, or demand for which the original
suit shall be instituted shall not exceed the sum of
five hundred rupees.

iteferenco of XIX. • If iu auv casc of regular appeal in

question to the ••.•■ jjit'^j i- °j- • i

cuef commis- which Under the last preceding section no special
siuncr. appeal is allowed; or in any case of second appeal

admitted under section 7 of tliis Act, any qiios-
tion of law or usage having the force of law, or
the construction of a document affecting the mer-
its of the case shall arise, on which the Court try-
ing the appeal shall entertain reasonable doubts,
the Court may, either of its own motion or on the
application of either of the parties to the appeal,
draw up a statement of the ease, and submit such
statement with its own qpioion for the decision
of the Chief Commissioner. The proyisions con-
tained in sections 29 to 34 of Acrt XXIII of 1861
(lo amend Act VIII of \^b9j for simplifying the
procedure of the Com^s of Civil Judicature not
established by Moyal Cliarter} sh^ be applic-
able to the statement so submitted, and the Chief
Commissioner shall proceed in the case under the
rules contained in the said sections for the direc-
tion of the Sudder Court so far as the same are
apphcable.

XX. Applications to be allowed to appeal in ^.^^^}^
formd pa/uperis shall be written on stamp paper /xittpem.

of the value of one rupee if the appeal lie to the '
Court of the Deputy Commissioner, and on stamp
paper of the value of two rupees if the appeal
lie to the Court of the Commissioner or to the
Court of the Chief Commissioner, and shall be
presented m the Court competent to receive the
same within the period prescribed by this Act for
the presentation of appeals from deciisions, or
when the application is made to the Chief Com-
missioner within the period prescribed by thiis
Act for the presentation of an application for the
admission of a special appeal.

XXI. Any person considering himself aggriev- r^ew^oHS-
ed by a decree of a Court of original jurisdiction ment may be ap-
from which no appeal shall have been preferred ^^^ ^^'•

to a superior Court, or by a decree passed in ap-
peal firom which no second or special appeal shall
have been admitted^ or by a decree of the Court

of the Cliiof Commissioner from Avliieli either i\a
appeal shall have been preferred to Her Majesty
in Council, or an appeal having been preferred,
no proceedings in the suit shall have been trans-
mitted to Her Majesty in Council, and who from
tlic discovery of new matter or evidence which
was not within his knowledge, or could not be
adduced by him at the time when such decree
was passed, or from any other good and sufficient
reason, may be desirous of obtaining a review of
the judgment paissed against him, may apply for
a review of judgment by the Court which passed
Tinw for pre- tlic dccrcc. Sucli application shall be presented
l^i^tion for re- within the period of ninety days from the date of
view. the decree sought to be reviewed, unless the ap-

plicant shall show good and sufficient reason for
not presentmg it within such period.

Kxteneion of XXII. Act XIX of 1841 (for tJic protectlo7i of
B^IS BmmL ^ 'i^^i'Ovable cmd immovable property agahiM wrong-

fal possession in cases of sticcessionsj , Act XL of

1858 (for makkig better provi^n for the care of

the persons and property of minors in the pi^esi-

dency of Fort William in Bengal) ^ and Act IX

of 1861 (to amend the laic relating to minors) arc

Trial of casca or hereby cxtcnded to British Burma. All cases

thr^ov^^n^d ^^ pro<5B^ngs arising under the said Acts or un-

other Acta! * dcr Act XXXV of 1858 (io make better provisimi

for the care of the estates of lunatics not subject
to the jurisdiction of the Supreme Court of Judi^
caturej or Act XXVII of 1860 (for facilitating
the collection of debts on successions^ and for the
security of parties paying debts to tlie representa-
tives of deceased persons) shall be received and
determined by the Deputy Commissioner of the
district subject to the provisions in the said Act*
contained respectively as to jurisdiction and other-
Appeal, wise. All oniers passed by the Deputy Commis-
sioners in such cases or proceedings shall be open
to appeal to the Commissioner of the division.

provided that no such appeal shall he allowed
unless it he presented within thirty days from the
date of the order appealed against, or unless the
party Tna-Vipg the appeal can show good and suf-
ficient cause to the satisfaction of the Commis-
siouer for not presenting the appeal within such
period. The order of the Commissioner on any
such appeal shall he final.

XXIII. Except as is in this Act othen^asc Procedure of d-
provided, the proceedings in civil suits of everj- ti'sh Bu^ tJi
description hetween party and party hrought in ^^ regulated by
the Courts of Civil Judicature in British Burma cedure. * '^
mentioned in section 2 of this Act, shall be

regulated by the said Code of Civil Procedure,
and, except as otherwise provided bv this Act or
by any law which may hereafter De passed, by
no other law or Regulation.

XXIV. Act XIV of 1859 ('to provide fw tlie Act xnr of
fimtatian of miltsj, as amended by Act XIV of ^^*^^^^^
1S62, is hereby extended to the province of Pegu,

and shall take effect therrin from the date on
^liich this Act comes into operation in British
Burma in supersession of any law of limitation
in force in the said province. Provided that all
^uits pending in any of the civil Courts in the
said province upon the date upon which this Act
oomes into operation in British Burma shall, so
far as regards the provisions in this section con-
tained, be tried and determined as if this Act had
not been passed. Provided also that clause 1 5 of
section 1 of the said Act XIV of 1859 shall not
ipply to any claim to foreclosure arising under
^ny deed or instrument of mortgage of immov-
ible property in Pegu executed before the date
iforcsaid, but every such claim arising under any
well deed or instrument shall, so far as the law of
imitation is concerned, be governed by the laws
*r rules of limitation now in force in that pro-
ince.

^^7m ^S^ XXV. Except as othenvise proTided in this
to beLxcroiucd by Act, tlie powers vested in the Sadder Court by
the Chief Com- ^jjg Code of CivU ProcediiTe, shall be exercised in
"""'""• British Burma by the Chief Commissioner.

^^vr of stamp XXVI. Except as provided in sections 20 of
^ ^' tliis Act, the stamp duties prescribed by schedule

B annexed to Act X of 1862 {to consolidate and
atnend tJie law relating to stamp duties) for in-
struments and writings in the Sudder Court and
the Courts subordinate to the Sudder Court, shall
be chargeable on instrmnents and writings in the
Coiui; of the Chief Commissioner and the several
Courts subordinate to the Chief Commissioner.

Construction of XXVII. Thc local jurisdiction of a Deputy
Iwed* In Code of Commissioner shall be deemed a district for the
Civil Procedure purposc of this Act, and the Court of such Deputy

Commissioner shall be deemed the district Court
'vnthin the meaning of the Code of Civil Proce-
dure.

Commencement XXVIII. Tllis Act shall COmC Hlto Operation OH

r the 1st day of May 1863-

ACT No. XXIV OF 1863.

Passed by the Goternor-General of Ikdia

IN Council,

^Received the assent of the Governor- General
on the \Qth May 1863.>

An Act to amend Act I of 1863 (lo define tha

jurisdiction and to regulate the procedure of iJk^

Courts of Civil Judicature in British Bnrmn^

and to provide for tJte extension of certain A.cl^

to the said teivHtofv/.)

Preamble. Whereas it is expedient to amend Act I <:>"€

1863 (lo define the jurisdiction and to regulate i^.^
procedure of tlie Courts of Civil Judicature z^^

Brilhh Burma, and to p^ymde for tlie extension
of certain Acts to tlie said territoryj; It is enacted
as follows : —

I. It shall be lawful for the Govemor-Geno- ^2''mr''\nyll\s
ral of India in Council to invest any Court in cert^n^oltfte^in
British Burma of the second, third, and fourth ^?j^^ ^^^^^ma
grades of Courts mentioned in section 2 of the auitJ^ Ite^ now
said Act I of 1863, with power to receive suite, 'i?^J'!:^^^},\^^l

• If j.\. J.J. • • Courts of lower

and to take cogmzanee of other matters, ansmg grade,
within the jurisdiction of the Court so invested,
\rhic|^&om their amount as w^ell as in other res-
pects may be cognizable under the provisions of
the said Act by a Court of a lower grade, and to
try and determine the same subject to all the pro-
visions of the said Act.

II. Appeals from orders and decisions passed p«>7w^ 'or

1- rf J • J. J ^ -J • •! appeals from or-

fyany Court mvested as aforesaid, m smte ordersanddecinons
other matters of the nature described in the last ^ith'^r^^-
preceding section, shall lie to the Court to which o^g section.^
appeals from orders and decisions passed by the
said Court in the eseicise of its ordinary jurisdic-^
tion lie under the said Act I of 1863, and shall
be subject to all the rules contained in the said
Act in relation to soch appeals.

III. The Court of the Deputy Judicial Com- jj'^'^'j**^ ^J
missioner ttt Hangoon shall, for the purposes of co^^Bsioner^rt
Act I of 1863, be a Court of a Deputy Commis- ^^^ ^^^^
sioner as constituted by the said Act ; and the

said Deputy Judicial Commissioner shall exercise
the same jurisdiction in respect to receiving, try-
ing, and determining suits and other matters aris-
ing within his jurisdiction as Deputy Judicial
Commissioner, as a Deputy Commissioner is com-
petent to exercise under the said Act.

IV. The Code called the " CivU Code of the ^ civU ^Code^ of
.province of Pegu," with exception to chapter III JTAct^^mioi
m tlie said Code fus to the limitation of suits, and ^?^i„""^^ruu
chapter XXVII relating to stamps, shall be held period.

to liav(' boon ropoalod from tho twontioth day of
May 1862 ; and on and after the said date, until
the*flrst day of May 1863, Act Vlll of 1859 (for
simpli^dng the pi^ocedure of the Courts of Civil
Judicature not established by Hoyal Chapter), as
extended by the Chief Commissioner of British
Buima to the province of Pegu, shall be held to
have been in force in that province.

Provwion as to V. No Order or decision passed, and no pro-
I'^^ed! ^^fro- ceeding held by any Court in the province of Pe-
ceeding held, by gu^ or by any appellate Court in relation to any
or Ster'^he^h 8^^^ ordcr or docisiou or proceeding, on or after
ja^y 1862. the said twentieth day of May 1862, and before

the said first day of May 1863, shall be held to
be invalid merelv bv reason of such order or deci-

ft' V

sion having been passed, or of such proceeding
bavins: been held under the said Act VIII of 1859,
as extended to the said province by the Chief
Commissioner of British Burma, instead of under
the Code called the Civil Code of the province of
Pegu, or vice verm.

THE FOLLOWING COURTS IN BRITISH

BURMA HAVE BEEN INVESTED WITH

THE POWERS UNDER ACT XXIV

OF 1863, SECTION 1.

Foreign Department Notification (Judicial)
No. 203 DATED 30th July 1864.

PEGU DIVISION.

Rangoon district.

Deputy Commissioner — Rangoon.
Assistant Commissioner — -Rangoon.
Extra Assistant Commissiqper 1st elass
Twantay,

Basseix bistrict.

Deputy Commissioner — Bassein.
Assistant Commissioner — Bassein.
Extra Assistant Commissioner 1st class

Pantanau.
Extra Assistant Commissioner 2n(l class

Sassein.

Prome district.

Assistant Commissioner — Prome.
Assistant Commissioner — ^Thayet-myo.
Extra Assistant Commissioner 2nd class —
Prome.

MyANOUNG DISTRICT-

Extra Assistant Commissioner 1st class-

Myanoimg.
Extra Assistant Commissioner 1st class-

Mengyee.
Extra Assistant Commissioner 2nd class-

Myanomig.

TOUNG-OO DISTRICT.

Assistant Commissioner — ^Tomig-oo,
Extra Assistant Commissioner 2nd clas
Tomig-oo.

TEXASSERIM DIVISION.

Amherst district.

Deputy Commissioner — ^Amherst.
Assistant Commissioner — Mauhnain.
Assistant Commissioner — Kankariet.

Martaban district.

Assistant Commissioner — ^Yomizaleen.
Assistant Commissioner — ^Thatone.
Assistant Commissioner — Sittang.
Extra Assistant Commissioner 2nd class —
Shwe-gyeen.

Tayoy district.

Extra Assistant Commissioner 2nd class-
Tavoy.

Mergui district.

Extra Assistant Commissioner 2nd class-
Mcrgui.

ARAKAN DIVISION.

Akyab district.

Deputy Commissioner — Akyab.

Extra Assistant Commissioner 1st class —

Akyab-

Extra Assistant Commissioner 1st class —

Kuladaiu

Extra Assistant Commissioner 1st class —

Moiingdoo«
Extra Assistant CommissioiLer 2iid class —

Akyab.

Eamree district.

Extra Assistant Commissioner 2nd class—
Kamree*

Sandoway district.

Extra Assistant CommissionCT 2nd class—
Sandoway.

Home Department Notification No. €995,
Dated 29th December 1864.

Bamree district.
Deputy Commissioner — Eamree.

Sandoway district.
Deputy Commissioner — Sandoway.

31
ACT XXVII OFlSGl.

Passed by the Legislative Council of India.

(Received the assent of the Biffht Honorable the
Gmemor- General on tlie 1th Sejytember 1861.^

Preamble.

An Act to regulate the administration of Port
Blair and other settlements in the Andaman
islands.

Whereas the settlement of Port Blair includ-
ing the territory thereto attached, within the An-
daman group of islands, ^ occupied as a penal
settlement ftwr convicts sentenced hy the Courts
of British India to transportation, and it is expe-
dient to provide fc^ the admission and residence
of other persons than convicts within the said
settlement ; and whereas it is expedient to pro-
vide in like manner for any other settlements
that may he formed in the said islands, as well as
for the occupation of land and the general admi-
nistration of sucii settlements ; It is enacted as
follows : —

•

I. The land of the settlement of Port Blair ^\l'^^
and of any other settlement that may hereafter vermnent ^
be formed by the Govemmait of India in the An-
daman group of islands is vested absolutely in
Her Majesty the Queen, and such land shall not
l)e sold, leased, or otherwise transferred to or be
acquired by any person except by and through an
instrument in writing executed by the Superin-
tendent of the settlement or such other authority
as the Governor-General of India in Coimcil may
appoint, and it shall be competent to such Super-
intendent or other authority to eject any person
from any land occupied or in any way possessed
by such person which he shall not have acquired
in the maimer prescribed in this section.

:V2

Appointment of n xiic Govcruor-douenil of India in Council
int<»nd manage- may appoint onc OT morc oiiicers to supenntertd
mcDtof laud, &c. ^|jj management of the land of the settlement of

Port Blair and of any other settlement as afore-
said, and the realization of any revenue, rent, or
other dues that may be payable on account of
such land, and any officer so appointed shall, in
the matters aforesaid, be subject to the direction
and control of the Governor-General of India in
Council and be guided by such instructions as the
Governor-General of India in Council may from
time to tune issue.

f ^*!m *" a*^*'^" IIX. Tlie administration of civil and criminal
niU j'l^tke.^ "*^* justice within the settlement of Port Blair and of

any other settlement as aforesaid, shall be vested
in such officer or officers as the Governor-General
of India in Council may, for the purpose of tri-
bunals of first instance or of reference and appeal,
appoint, and the officer or officers so appointecl
shall in matters aforesaid be subject to the dire(N
tion and control of the Governor-General of In-
dia in Coimcil, and be guided by such instructions
as the Governor-General of India in Council may
from time to time issue.

•

Appeal IV. It shall be lawful for the Governor-Gene-

ral of India in Council to declare in what cases
the order, judgment, * or sentence made by any
officer appointed as provided in the last preced-
mg section shall be final, and to direct that from
any such order, judgment, or sentence an appeal
may be heard and decided by any Court estab-
lished within British India and beyond the limits
of the settlement of Port Blair.

Kevisiop and V. It shall bc lawful to tlic Govcmor- General

connrmation of i»Tj»'/^ -ij. r^i.i.T

Bentencea. 01 India in Couucil to cmpower any Court estab-

lished witliin British India and beyond the limits
of the said Andaman group of islands, to con-
firm ajid modify or rcvcu'sc anv order or sentence

passed in any criminal trial by any officer with-
in such settlement, and no sentence of death
passed by any officef within any settlement in
the said group of islands shall be carried into
execution until it be confirmed by the Governor-
General af India in Council or by such Court, es-
tablished within British India as aforesaid, as the
Gcrvenior-General of India in Council may for
that purpose appoint-

VI. It shall not be kwful for the Master ot rcnaity for
Coinmander of any vessel to land or to anchor blr^d fw "he
such vessel for the purpose of landing any person purpbBc of land
or any goods or thing at any place on the coast or^good^runai'i^
of the settlement of Port Blair or any other set- ^^o^^ port,
tletnient as aforesaid, except at such place as may

be declared a port tmder the provisions of Act
XXII of 1855 (for the regulation of port^ and
port-dues) ; and any Master or Commander so
offending shall forfeit and pay a sum not exceed-
ing one thousand rupees.

VII. Any person who shall land from any, Penalty for

1 -Lxx 1 jT 1 o Ay landing at unaii-

vessel or boat at any place on the coast of the thorizcd iwrt.
settlement of Port Blair or of any other settle-
ment as aforesaid, except at such place as shall
be witliin the limits of any port declared under
the provisions of the said Act XXII of 1855, shall
forfeit and pay a simi not exceeding five hundred ^
rupe^, and any goods or thing landed froni any '
vessel or boat, except within such limits, shall be
liable to be seized by any person in the employ-
ment of Government within the settlement, and
may be confiscated if the Superintendent or other
officer aforesaid shall so direct.

VIII. The provisions of the last two prcced- Exception from

.* Ill J ii iTj provisions of Jjist

mg sections shall not apply to any vessel or boat two sections,
the property of Her Majesty or used for any pub-
lic purpose, or to any person, goods, or thing

landed from sueli vessel or boat, nor in any otlier
case when the sections aforesaid shall have been
infringed from stress of weather or other unavoid-
able circumstances^

i^'to^iciiverto ^^' ^^ Master or Commander of any vessel
i^nncrJator list which sliall cutcr Euy poft of the settlement of
of crew, &c. -pQYt Blair or of any other settlement as afore-
said, shall be bound to deliver to the Conservator
of the port, within twenty-four hours from the
time of entering, a list of the crew and passen-
gers on board of such vessel a» weU as a mani-
Penait ^^^* of the CBTgo Carried by such vessel;, and any

Master or Conamander failing to delivei sucb list
and manifest within such period shall forfeit and
pay a sum not exceeding five hundred rupees.

PenaiYforany X. No pcrsou shaU land within the limits of
wthJ»ut u^w^^ any port of the settlement of Port Blair or of

any other settlement as aforesaid, except under
a license granted as hereinafter provided or under
the written permission of the Conservator of the
port or of the Superintendent of the settlement
or other authority appointed as* provided in sec-
tion 1 of this Act, and any person sa landing
without such license or permission shall forfeit
and pay a sum not exceeding five hundred ru-
pees.

lauS^'good^ XI. No goods or other thing shaU be landed
without licenuBe. within the Imiits of any port of the settlement

of Port Blair or of any other settlement as afore-
said except under the written permission of the
Conservator of the port or other officer appointed
on that behalf ; and any goods or thing landed
without such permission, shall be liable to be
seized by any person in the employment of Govern-
ment within the settlement, and may be confis-
cated if the Superintendent or other authority
aforesaid shall so direct.

XII. Every Master or Commander of a ves- ^Y^^^^^^^J^^
sel shaU, twenty-four hours at least before the de- to fiini^h * t^f
parture of «uch vessel from any port of the set- ^S|J^^*J^'^croxv'
Uement of Port Blair, or of any other settlement &c., before the
as afores^d, furnish to the Conservator of such ^^^"^^ °^ ^""^
port a list of the crew and other persons who are

about to sail in such vessel, specially designating
any person (if any) who shall not have arrived at
the settlement in such vessel ; and every Master
or Commander who shall fail to furnish such list
shall forfeit and pay a siun not exceeding one
thousand rupees- If any such Master or Com-
mander shally after furnishing the list herein
mentioned, take or receive on board his vessel
any person, not mentioned or included in such
list, for the purpose of taking him from such port,
without forthwith informing the Conservator of
such port of the name of such person, he shall be
liable to forfeit and pay a sum of five hundred
rupees for every such person so takeil or received
on board.

XIII. Every Master or Commander of any insixjction o!
vessel anchored in, or about to depart from, any ^^*^^

port of the settlement of Port Blair or of any
other settlement as aforesaid, shall be bound, on
the requisition of the Conservator of the port or
other person acting under the instructions of the
Superintendent of the port or other officer as
aforesaid, to permit such Conservator or other per- .
son to inspect such vessel and to produce before
such C onservator or other person any person who
may be on board of such vessel. If any Master penalty,
or Commander shall fail to conform to any of
tlie provisions of this section, he shall forfeit and
pay a sum not exceeding one thousand rupees.

XIV. If the Master or Commander of any Penalty for re-
vessel or other person shaU wilfully receive on f Zvirfo^^^^
board such vessel or on any boat any convict un- p^pose of escape.
dergoing a sentence of tr^^nsportjition, for the pur-

pose ol* conveying the same from the settlement
of Port Blair or any other settlement as afore-
said without the knowledge or authority of the
Superintendent or other officer aforesaid, such
Master or Commai)der or other person shall for-
feit and p^y a sum not exceeding one thousand
rupees, besides being liable to any punisluQent
that may be awarded on conviction of any offence
conmiitted by him under the provisions of the
Indian Penal Code.

License for rt- XV. No pcrsou shall reside at the settlement
Jjen^oat ^^ *^* of Po^ Blair or any other settlement as aforesaid

beyond the period of one month, or after the de-
parture of the vessel by which he was conveyed
to such settlement, except he shall hold a license
granted by some person empowered in that be-
half by the Governor-General of India in Coun-
cil ; and any person who shall so reside without
such license shall forfeit and pay a sum not ex-
ceeding five hundred rupees. Such person may
be reqmred to remove lumself from the settle-
ment in which he shall be, within such time a^
the Superintendent or other officer appointed as
provided in section 1 of this Act shall direct, and
if he shall fail so to do, he shall forfeit and pay a
sum not exceeding five hundred rupees, and may
further be shipped and removed from the settle-
ment by any vessel that the Superintendent or
other officer aforesaid shall appoint for that pm*--
pose.

Conditions of li- XVI. Thc Govcmor- General of India in Coun-
tcmin^ fe $: cil may determine the conditions upon which a
venior cjenerai iii liccnsc to residc in the settlement of Port Blah'
touuci ^^ ^^y other settlement as aforesaid shall be

granted. The conditions so determined shall be
inserted in the license : and if the holder of any
such license shall fail to conform to, or shall in-*
fringe, any of the conditions therein specified, ho
jtih^U forfeit and pay any sum specified there

ill as a forfeiture payable for any neglect or in-
fringi^ei^t of such conditions. Such person may
also be required to remove himself from the set*
dement in which he shall be, and his failure so
to do may be enforced as provided in the last pre-
ceding section.

XVII. The forfeitures incurred under this Act imi>o8ition am\

1 • J X. /c • • xT_ rccovcjry of for-

may be unposed by any officer exercismg the au- fcitures.
thority of Magistrate within the settlement of
Port Blair, and the payment of the sum may be
enforced by distress and sale of the goods and
ciu^ttels of the offender, or in the case of the Mas-
ter or Conuoander of a vessel, by the distress and
sale of such vessel and the tackle, apparel, and
furniture thereof ; and in default of the recovery
of any sum forfeited and payable under this Act,
the offender may be imprisoned in the civil jail
for a period of one month if such sum be not
sooner paid^

Resolution by the GroVERNitfENT of India on

THE administration OF CIVIL AND CRIMINAL

justice within the settlement of port
Blair,

Dated September 26th 1861.

(No. 68). Bead Act XXVII of 1861, entitled
an Act to regulate the administration of Port
Blair and other settlements in the Andaman is-
lands.

Under the authority vested in the Governor-
General in Council by sections 3 and 4 of the
above mentioned Act, His Excellency in Council
is pleased to pass the foUomng resolution : —

Resolution. — ^The administration of civil and ^d^nistration
criminal justice within the settlement of Port minai jlstice, la
Blair shall be rested in the Superintendent of the ^hom vested.

jwttlement and in the Deputy Superintendent to
the extent and subject to the directions follow-

uig :

niu'T'^ ^'^ ^"f ^^^ Superintendent shall be vested with, and
Supcii^end^ut!' may and shall exercise full judicial power and

authority in all cases whatsoever, civil and cri-
minal, both for the purpose of a tribunal of first
instance, and of reference and appeal, subject to
such instructions as the Governor-General in
Council may from time to time issue. And, sub-
ject as aforesaid, the judgments and sentences of
the Superintendent in all cases, civil and crimi-
al, shall be final and conclusive, save that no
sentence of death passed by him shall be carried
into execution until it be confirmed by the Go-
vernor-General in Council. But it shall be law-
ful for the Superintendent subject as aforesaid,
if he shall think the ends of justice require it, to
review any judgment or sentence passed by him,
or to submit the same to be reviewed by the Go*
vemor-General in Council,

Criminal pow- T^g Dcputv Superintendent may and shall ex-
era of Deputy ..•»-.•'.,* ., ., •^ o nr •

Superintendent, crcisc m crmunal matters the powers of a Magis-
trate.

Civil powers. In civil cases he may and shall exercise the

powers of a Moonsiff and Sudder Ameen.

Appeals in cri- In criminal cases an appeal shall lie jfrom the
minai cases. Peputy Superintendent to the Superintendent in

all cases in which a sentence of imprisonment
shall be passed exceeding three months, or in
which a fine shall be imposed exceeding 100
rupees.

AppeaU in ci- In civil cascs an appeal shall lie from the De-
vi cases. p^^y Superintendent to the Superintendent in all

suits in which the amount sought to be recovered
shall exceed 100 rupees.

Extract from the proceedings of the Right Hmi'ble
the Oovemor General of India in Council, rn
tlie Some department^ under date the 2nd
April 1864.

Eead again Resolution, dated 26th September
1861, vesting the Superintendent of Port Blair
with certain powers for the administration of
cinl and crimmal justice within that settlement.

Bead again paragraph 16 of the Resolution,
dated Ist April, regarding the present require^^
ments of the settlements

BESOI/UTION.

Whereas it is desirable that the Superintend-
ent of Port Blair should be placed imder the
orders of the Chief Commissioner of British Bur-
ma, and that the settlement of Port Blah* and the
other settlements in the Andaman islands should
be attached to the Tenasserim Conunissionership,
His Excellency the Governor General in Council
is pleased to invest the Chief Commissioner of
British Burma, and under him the Coi!nmissioner
of the Tenasserim division, with a general power
of supervision and direction over the executive
administration exercised by the Superintendent
of Port Blair at that and the other settlements
above mentioned. •

2. His Excellency the Governor General in
Council is further pleased, under section 6 of
Act XXVII. of 1861 to empower the Court of the
Chief Commissions of British Burma to confirm
any sentence of death which may be passed in
any criminal trial by the Superintendent of Port
Blaur ; and no sentence of dieath passed by the
Superintendent of Port Blair shall be carried into
execution until it Shall have been confirmed by
the Court of such Chief Commissioner.

The Superintendent of Port Blair is placed di-
rectly under the orders of the Chief Commissioner
of British Bunoa, instead of those of the Commis-
sioner of Tenasserim by letter No, 2868 from the
Secretary to the Government of India, Home de-
partment, dated 21st September 1864,

ACT No. XIII OP 1859.

Passed by the Legislative Council of India.

{Received the (Maent qf the Oovenwr-^ General o7h

the 4dh May 1859.)

An Act to provide for the punishment of breaches
of contract by artificers^ workmen and labm^^
ers in certain cases.

This Act was extended to the town and can-
tonment of Kangoon, by notification Home de-
partment, No. 6962, dated 30th December 1865,

ACT No. XXI OF 1863.

Passed by the Goteenor-General of India

IN Council.

(Received the ecssent qf the Governor' General on

the 10th March 1863.)

An Act to constitute Mecorders^ Courts for the
totvns of Akyahj Mangoon, and Moulmein, in
British Burma ; and to establish Courts qf
Small Causes in the said toums.

Preamble. Whereas the resolution of the Govemor-Ge*

neral in Council, dated the 31st January 1862,
declares that, instead of a Judicial Conmiissioner
for the whole province of British Burma, whoso
ordinary business can well be undertaken by the
Chief Commissioner, and who, as Judge of a spe-
cial Court sitting at the head quarters of each

fli\4sion, could not possibly dispose of the causes
arising at each place iii a manner that would sa-
tisfy the suitors, or be consistent with the prompt
and regular administration of justice, there shall
be established at Rangoon and Mauhnain a Court
to be presided over by a Barrister or Advocate of
not less than five years' standing, with full pow-
ers of civil and criminal jurisdiction, analogous
to those now exercised by the Recorders of Prince
of Wales* island and Singapore, with the excep-
tion of the power to try cases in which European
British subjects are charged with capital offences :
and whereas it is expedient to make provision for
the establishment of such Court, and of a similar
Court for the to^vn of Akyab ; and also for the
estabUshment of a Court of Small Causes in each
of the said towns of Akyab, Rangoon, and Maul-
main, and to prescribe the procedure for the said
Courts, respectively ; It is enacted as follows : —

I. It shall be lawful for the Governor-General Govemor-Oe-
in Council to establish Courts of Judicature for ?^5^ /?^*y ^^^:

i.ii oAii-Y^ i-B*-"!* '*^®^ Courts lor

tlie towns of Akvab, Rangoon, and Maulmam, certain towns in
in British Burma, or for any of the said towns, ^"^^'^ ^"^^
which Courts, when so established, shall be call-
ed, respectively, the " Court of the Recorder of
Akyab," the "Court of the Recorder of Rangoon,"
and the " Court of the Recorder of Maulmain."
Such Courts shall be Courts of Record.

II. The said Courts, respectively, shall be Designation, ap-
held before a Judge who shaU be called '' The Re- J^g^^°*^ ^iX
corder " thereof, and shall be appointed by the Courts.
Governor-General in Council, and shall be a Bar-
rister of not less than five years* standing. Every
Recorder appointed under this Act shaU hold his

office during the pleasure of the Governor-Gene-

i*al in Council. •

III. Previously to entering upon the execu- Declaration to
tiou of the duties of his office, every Recorder ^^^^ ^

appointed under tliis Act shall make or subscribe
the following declaration before such authority
or person as the Govemor-General in Gouncil
may commissionr tO' reeeiTe the same : —

" I, A. B., appointed Recorder of [ ]

do solemnly declare that I will fisdthfully perform
the duties of my office to the best of niy ability,
knowledge, and' judgment/*

na*^S[*^T^*^t" ^^'^ ^® Governor-General in Coimcil may ap-
one°^ecorder point Only onc* BecordcF to- be the Recorder of the
only, or more. ^^^ three CouTts, or he may from time to time

appoint a separate Recorder for any one, or for

any two, of the said Courts..

K only onA Re- V, So long as thcrc shalT bc oniy one Recorder
■half be hZid of the said three Courts, such Recorder shall hold

his Court at each of the said three towns of Ak-
yab, Rangoon, and Maulmain, at stated periods.
He shall hold his Court in Rangoon at such times
as may be necessary ; in Maulmain at least once
in every three months ;. and in Akyab at least
once in every four months^

Notificatibn by VI. The Rccordcr shall on or Before the 1st
ti^^^i^^ d^-y of January in each and every year, or at such
holding Court other' Convenient times as the Chief Commissioner

of British Burma shall direct, notify in the Offi-
cial Gazettes of the towns in which the Court is
to be held, the days on which he intends to hold
his Court at the said towns, respectively, during
the then next ensuing twelve months : and a
copy of such notification shall be stuck up in a
conspicuous- part of the Court^ houses in the said
towns, respectively^

piooedure in VII. If the Rccordcr shall be unable to hold
bd^^ uw^'^to his Court at the time and place fixed in any no*-
hold Court as tificatiou issucd under the lAt preceding section-,
not ed, ^^ shaM fix another period for holdiitg his Court

at such place, and shall publish^ notice of the

same in the same manner, so far as circumstances
will permit, in which a notification \mder the
said section is directed to he published.

VIII. Notwithstanding anything in sections ^'^^^ "**y
6 and 7 of this Act contained, it shall he lawful JLa t^m' noti-
for the Recorder to hold his Court .at times fi*<^ *»«*«"•
other than those notified, as provided in the said

sections, when for any ^ood and sufficient reason
it shall appear to him necessary and proper to
dosQ.

IX. Whenever there shaU be one Recorder ^••**°^ f^
for any two only of the said three Courts, the SS«ti^?»Ml
provisions contained in sections 6, 7, tind 8 of^j^^^iotiwa
this Act shall be applied, so far as the same may

be applicable, in respect of the sittings to be held
hy sueh Recorder within the towns of the Courts
of which he is Recorder.

X. The Recorders appointed under this Act . ^^ jnrMdic-
shall have and exercise civil jurisdiction withm

such local limits, in iJie said to^Tis of which they
are respectively the Recorders and in the neigh-
bourhood thCTCof, as may from time to time be
fixed by the Chief Commissioner of British Bur-
ma, with the approval of the Oovemor-General
in Council ; and the hmits so fixed shall be pub-
lished in the Official Grazettes of the said towns.
Rx)vided that it shall be lawful for the said Chief , PtovUo a» to

n • • -xi. i_ 1 I* "3 alteration of local

tommissioner, with such approval as aforesaid, umita.
as often as he shall think proper, to vary or alter
tibe limits so fixed", and, save as in this Act pro-
vided, no Court other than the Recorder's Court
shall have or exercise any civil jurisdiction what-
eva*, within the limits for the time being fixed as
aforesaid.

Ai. xne necomers appomtea unaer tins Act s«it8 o^gmza
shall receive, try, aftd determine suits of every ^^y^^^^'^®"*
description,- if in the case of suits for land or
other immovable property such land or property

bio

shall be situate, or if in all other eases the cause
of action shall have arisen, or the defendant at
the time of the commencement of the suit shall
dwell, or carry on business, or personally work
for gain, withiri the local limits of the ordinary
jmisdiction of their respective Courts. Provided
Proviso. that the Recorders shall not take cognizance of

any suit, the cognizance of which, by the ordi-
nary Civil Courts in British India not established
by E/Oyal Charter, is barred by any Act of Par-
liament, or by any Regulation or Act of the
Governor-General of India in Council.

Tranafer of cases XII. It shall be lawful fot the Chief Commis-

from other Courts . jT^Jii /»j t* i»

to Recorder's sioner to dircct the transfer to any Recorders
Court. Court, of any case which shall have been instituted

in any Court in British Burma other than a Re-

Such cases how cordcr's Court. Every case so transferred shall bo

to be dealt with, ^j^^ ^j^^ determined by the Recorder id whose

Court it is transferred, in the same manner, and
imder the same rules as to procedure, and in all
other respects, as if the Recorder had originally
had jurisdiction in the case, and the case had
originally been instituted before him.

Kuie as to trial XIII. A Rccordcr, wlio is the Recorder of

^rdCT^avX 1^- -"^^^'^ Courts than one, shall, while sitting in any
risdiction in more oue of thc Courts of wMch he is Rccordcr, ordi*
than one Court, jj^^riiy ^jy j^q g^its cxccpt such as shall havc been

instituted in such Court, or shall have been trans-
ferred to it by the Chief Commissioner as herein-
})efore provided : but such Recorder may, if he
think proper, -try any suit instituted in any other
of the said Courts of which he is Recorder if the
parties thereto shall join in an application to hJTn
(which shaU be in writing, signed by all the par-
ties to the suit or their agents) so to try the same.

Seal of courte. XIV. A Separate seal sl&ll be made under
of'wime. ^^ ^the direction of the Governor-General in Coun-
cil for each of the said Courts, and all summonses,

nloi's, and other process issuing out of the said
Courts, respectively, shall be sealed or stamped
with the seal of the Court issuing the same. Tlie
said seal shall be delivered to and kept in the
custody of the Recorder ; but during any absence
of the Recorder, or in case of the vacancy of the
office of Recorder, the same shall be delivered to
and kept in the custody of the Registrar of the
Court appointed as is hereinafter proWded ; and
il' there be no Registrar, then it shall be delivered
to and kept in the custody of the Deputy Com-
missioner.

XV. It shall be lawful for the Recorder of ^^^^p^^^^^^^^^
any Court or Courts estabUshed under this Act, ministerial oin-
fifojn time to time, and subject to any rules and ^®"'
restrictions which may be prescribed by the Go-
vernor-General in Council, to appoint such and

so many clerks and other ministerial officers as
^hall be found necessary for the administration
^jf justice by the said Recorder, in such Court or
Courts respectively, and the due execution of the
powers and authorities given to him by this Act ;
and every clerk and officer appointed as afore-
mi shall be liable to dismissal by order of the
Recorder of the Court to which he is appointed :
provided that no person shall be removed from
any office, the salary of which is one hundred
rupees per mensem or upwards, without the
sanction of the Chief Commissioner.

XVI. No person shall be permitted to appear .M"^^^ ^ f
OT act as the advocate of any suitor in any Court ruiJa^^^egarcHnc
held under this Act, in any action or suit, or J^^^^*^'^ "^^
touching any matter whatever, unless such per-
son shall have been previously licensed by the

Recorder of such Court, to act for the suitors of
such Court generally, or specially for the parti-
c^r occasion ; and it shall be lawful for the Re-
<*order of every Court held under this Act, to make
mles for the qualifications and^admission of proper

Saving of agetxt persons to act as advocates in sucli Court. Pro-
Stetf*^**^ ^^ vided that nothing in this section contained shall

be deemed to prevent any person troxsi appearing
or acting as the agent for the Secretary of State
for India in Council, or to prevent any suitor
from appearing, pleading, or acting, on his own
And of advo- behalf, or on behalf of a co-suitor. Provided also
m^Cwxik °'that any person, who for the time being is an

advocate, vakeel, or attorney-at-law of any of
the High Courts of Judicature in India, shall be
entitled without any license to a.ct a-s an advo-
cate for any suitor in any of the said Courts ; and
that any person for the time being licensed to
act generally in any one of the said Courts, shall
without further license be also entitled to act
generally in any other of the said Courts.

^dS^™^^^ XVII. The Recorder of any Coxu't may, for
^ *^ any suflS.cient reason, withdraw or vacate any

license which -shall at any time be granted by
such Recorder to any person, to act generally or
specially as an advocate under this Act.

teT^&cl^^b- ^VIIL The fees to be received by any advo-
ject to tascation. catc, whether genei-al or special, licensed under

this Act, or entitled to act as an advocate for
another person in any of the said Courts without
a license, under section 16 of this Act, shall at
all times be subject to the control and taxation
of the Recorder of the Court having jurisdiction
in the case in respect of which such fees are
payable, and no fees shall be recoverable by any
advocates except such fees as shall have been al-
lowed by the Recorder on taxation.

KuiM for Mr- XIX. It shall be lawful for the Recorder of
ti^ 61 pro^ any Court or Courts established under this Act, to
And table of fees xnakc Aud issuc rules to regulate the service and

execution of the processes of the Court or Courts,
within the territorial limits of his jurisdiction,
ajad also to settle a table of fees to be allowed to

the persons employed in such service or exoou-
tion, and from tmie to time to alter anv suc^li rule
or table, and the rules so made and the tables so
issued shall be used and observed in the said
Court or Courts ; provided that such rules a rid
tables be not inconsistent with the provisions of
any law in forcCyand shall, before they are issued*
have received the sanction of the Chief ConimiS"
sioner. All such rules and tables shaU be pub- Publication of
lished in the Official Gazettes of the said towns, •■™*'
and shall' thenceforth have the force of law until
repealed or over-ruled by any Act of the Legisla-
ture, or by any rule or table subsequently issued
and published with the sanction and in the man-
ner aforesaid.

XX. Save as in this Act otherwise provided, . ProceediuM in
the proceedings in civil suits of every description u> be t^^ted7
between party and party brought in any Court
estabUshed under this Act, shall be regulated by

Act VIII of 1859, (ihe Code of Civil FrocedureJ,
as amended by Act XXIII of 1861, and by any
other Act or Acts that may hereafter be passed
for that purpose.

XXI. In all suits cognizable by any Court ^f^.^ ^J^^
held under this Act, all questions as well of fact Hu[hCourt,.init8
as of law or equity shall be dealt with and de- ci^*^^aSS8S^
termined according to the law administered by to obtwn in all
the High Court of Judicature at Fort William in "™*^
Bengal, in the exercise of its ordinary original

civil jurisdiction. Provided that this section shall Saving of coi?-
not apply to any case heard and determined by *"^ ^***®**
any Court held under this Act, in which a native
of British India is a defendant, and in which any
question relating to marriage, inheritance, or
succession shall be involved ; but every such case,
iu so far as such question is concerned, shall be
determined by the law or usage which would have
been applied thereto, if such question had arisen

in any other Court in British Burma than a
Court held under this Act.

incweofdoiibt XXTI- If in any suit, any question of law, or

questions!* 8tete°^^^o® having the force of law, or the construc-
ment of caae may tion of a docunient affccting the merits of the
d^iSof o^High decision, shall arise, on which the Recorder shall
Court entertain any douht, the Recorder may, either of

his own motion, or on the application of either of
the parties to the suit, draw up a statement of the
case, and submit such statement, with his own
opinion, for the decision of the High Court of Ju-
dicature at Eort William in Bengal.

And decree may XXIII. The Rccordcr may proceed in the
ffe^T^therTon ; casc, notwithstanding a reference to the said High
but, pending re- Court, and may pass a decree contingent upon tlie
no?to iMu^^ °° opinion of the High Court on the point referred ;

but no execution shaU be issued in any case in
which a reference shall be made to the High
Court, until the receipt of the order of that Court.

Full bench of XXIV. Cascs referred for the opinion of the
d^ wi^ case^ High Com't shaU be dealt \\dth by a bench of two
referred. or morc judgcs of that Court.

And parties XXV. The pai'tics to the case may appearand
^reonf o?^ Jdu he heard in the High Court in person, or by an
vocate, &c, advocate or pleader; and the Hiffh Com't, Mhcn

Transmisaion of.. , i ,^, ., ,,, ® i,,.

judgment o f it has heard and Considered the casc, shall trans-
pi^^eS^^^ mit a copy of its judgment, under the seal of the
upon. Court and the signature of the proper officer of

the Court, to the Recorder, who shall, on the re-
ceipt thereof, proceed to dispose of the case con-
formably to the decision of the High Court.

Costa of refer- XXVI. Costs, if any, consequcut on the re-
coil, *"" ^'*^ Terence of a case for the opinion of the High

Court, shall be costs in the suit.

^^^p^toHi^ii XXVII. In all suits heard and determined
c^es. ^'^ ^^'^ ^>y a Recorder under this Act, in ivhich the

amount or value of the sidt shall exceed rupees

three thousand, and be less than rupees ten
thousand, an appeal shall lie to the High Court
of Judicature at Fort William in Bengal, subject
to the rules contained in the said Code of Civil
Procedure regarding the regular appeals.

XXVIII. It shall be competent to the Ec- ^^* ;Jp^
corder, if he shall think fit, to grant a new trial tion wtthio given
in any suit tried by him, if applied for within three *"*^
months from the date of the decision, if the suit

relate to any land or other immovable property ;
and in all other cases if applied for within thirty
days from the date of the decision. Provided And review of
that nothing hereinbefore contained shall inter- i»^8«»«^*-
fere with the power of the Recorder to allow a
review of judgment, imder the Code of Civil Pro-
cedure, if such review be applied for within the
period allowed by the said Code for making such
applications. Provided also that, in any case in Security iwta
which the Recorder may think it necessary to do eSEeir**** ^**'
so, he may before granting a new trial, or a re-
view, require the party applying for the same to
give sufficient security for the due compliance
ynth the terms of the decree or order which it is
sought to set aside or review.

XXIX. All cases and proceedings arising un- Recorder may
tier Act XIX of 1841 (for tfie protection of mov*^^^^%i^\

cases

dhle and mmmable property ixgamst w;^<>^fl/«*'^^ g^Vect to

possession in cases of successions) ^ Act XXXV of provuions of

1858 fto 7nake better provision for the care oftlie ^^^ ^ ^''™"

estate of lunatics not subject to the Jurisdiction

of the Supreme Courts of JudicatureJ^ Act XL of

1858 (for maki/ng better provision for tfie care of

Uie persons and property of minors in the JPresi-

sidency of Fort Tniliam in Bengal) as amended

by Act IX of 1861 (to amend the law relating to

minorsj, or Act XXVII of 1860 (for facilitating

(he collection of debts on successions^ a/nd for the

security of parties paying debts to the represent

tices of deceased personsj, may be received and dis-

posed of by the HecoKlcr of any Court establisli-

cd under this Act, subject always to all the rules

and provisions as to jurisdiction and otherwise in

intuch^Ss^nJt th® said Acts contained respectively. Orders

open to appeal, passcd by the Recorder in cases arising under the

said Acts shall not be open to app^^ but the

parties shall be at liberty to contest such orders

No other Court iu a rcgular suit. Na Court other than the Re-

^tto thTSs'- corder's Court shall, wrtMn the local limits of the

diction of Record- jurisdiction o£ sucli Rccordcr's Court, receive or

^^' deal with any case or proceeding arising under

any of the Acts mentioned in this section.

ci^^^^to """ *° XXX. For the trial of civil suits under tliis

Act, the Recorder may constitute one or more
persons Assessor or Assessors of the Court. Such
person or persons shall attend during the trial of
the suit, and shall deliver his or their opinion or
opinions in writing, to be recorded on the proceed-
ings. But the decision of the case shall rest with
the Recorder. No offices of the Recorder's Court
shall be appointed an Assessor under this section,
but this prohibition shall not extend to any other
public officer.

Appointment of XXXI. It shall bc lawfuI for the Govemor-
^*^*'"' General in Council to appoint, to each or any of

the Recorders* Courts established under this Act,
an officer who shall be called the Registrar of
the Court to which he shall be appointed.

Duties of Re- XXXII. The Registrar of the Recorder's
gifitrar. Court sliall bc the cliief ministerial officer of the

Court, and shall, subject to the provisions in tlie
next following section contained, receive all
plaints presented to the Court ;: and in the absence
of the Recorder, shall issue notice of suit to the
defendants; receive any documents which the
parties may wish to put in ; and issue process for
the attendance of their witnesses : he shall also
keep lists of all causes coming on for trial, and

shall fix such days for their being heard respec-
tively, as may seem to him fit, having regard to
the period appointed for the Recorder's sittings.

XXXIII. If the Registrar shall be of opinion Procedure i n
that any plaint presented to the Court is defective ll^^Dsuk^i de-
ia any of the particulars mentioned in section 28, ^ectivein certain

DftTbiciiiars

section 29, section 30, section 31, or section 32,
of the Code of Civil Procedure, he shall not reject
the plaint, but shall point out to the plaintiff
wherein the plaint is defective, and shall with as
little delay as possible forward the plaint to the
Recorder of the Court for his orders, together
with any statement which the plaintiff may think
proper to make ; and such plaint shall be dealt
with as the Recorder shall order. Provided al- Proviso,
ways that, if the defect in the plaint is capable of
being cured under any of the said sections, and
the plaintiif shall be willing to amend it, it shall
not be necessary for the Registrar to send the
plaint to the Recorder, but such amendment may
thereupon be made.

XXXIV- The Registrar shall also receive ap- Execution o f
pUcations for the execution of decrees passed by tr^^^^ ^^^ ^^^^'
the Recorder of the Court of which he is the
B-egistrar, and subject to any orders which he
may receive from the Recorder, shall execute
such decrees in the same manner as the Recorder
may execute them. No appeal shall lie from any
order passed by the Registoar under this section ;
but the Recorder may, of his own motion, reverse
or modify any such order whenever he shall think
it necessary to do so.

XXXV. The Registrar shall have the powers Registrar to
of a Small Cause Com*t Judge in suits of the na- S^^^„,r'^'^ff ^

i. n At 1 M T • A J -CTT -TT n -■ /-N/^i^ /• SmaUC'aiise Court

ture of those described m Act XLII of 1860 fjot' Judge in certain
th£ establishment of Comets of Small Causes beyond
the local limits of the jurisdiction of the Supreme
Courts of Judicature established by Royal Char*

cases.

K*:

ter)^ arising within the limits of the jurisdiction
of the Court of which he is the S/egistrar, provid-
ed that the amount or value of the claim shall not
exceed two hundred rupees; hut he shall exercise
such powers suhject to the general control of the
Any may be B/Ccordcr. The Govemor-General in Council may
vc^^SMJenerTi ^^^cst #any Ecgistrar appointed under this Act,
with higher pow- with jurisdiction to hear and determine suits of
*^ the nature cognizable by him as a Small Cause

Court Judge under this section, in which the
amount or value of the claim does not exceed five
hundred rupees.

suita oogniz- XXXVI. The suits cognizafolc by the Regis*
Sow ti^^^(^![ trar under the last preceding section shall be
^<:' set down for hearing before such Registrar, and

he shall hear and determine such suite, and exe-
cute the decrees made therein, in such manner as
is prescribed in the said Act XLII of 1860 ; and
subject to such rules as to procedure and other-
wise, in all respecte, as are m the said Act con-
Transfer fromtained. Provided that the Beoorder, whenever
^^^*<*^- he thinks proper, may transfer to his own file

any suite on the file of the Beglstrar, and may
hear and determine the same, subject to the rules
as to procedure and otherwise hereinbefore men-
tioned.

Noai^>wi from XXXVII. No appeal shall lie from any order
te^'**S^L^^^ or decision made or passed by the Registrar, in
■ection ; but in any casc heard or disposed of by him under the
i^^HMiit m^ i^ last preceding section ; but in any case in which
Bubmitted for the Registrar shall entertain any doubt upon any
cOTder? ^ question of law,^or usage having the force of law,

or the construction of a document afiecting the
merite of the decision, he shall be at liberty to
state a case for the opinion of the Recorder, in
like manner as the Recorder may, under section
22 of this Act, state a case for the opinion of the
High Court of Judicature at Fort William in
Rules appiica- Bcu^l J and aU the rules and provisions herein-

Jt>le to auch refer- ° ' -^

before contained, relative to the stating of a case
by the Recorder, shall apply mutatis mutandis to
the stating of a case by the Registrar, so &ir as
the same are applicable.

XXXVIIL It shall be lawful for the Recor- J^^^^^l
dor to refer to the Registrar of hisCourt^ny suit, to Registrar,
not falling within the description of suits con- SaUf 'J^^'"''
tained in Act XLII of 1860, which shall be in-
stituted in the Court of such Recorder, and the
amount or value of the property in dispute in which
shall not exceed one hundred rupees. Every
suit so referred to the Registrar shall be heard
and determined, and the decree made shall be
executed, by him, under the same rules as to
procedure and otherwise as are applicable to
suits tried by the Recorder. In such suits the
Hegistarar shall have no power to state a case to
the High Court, or to the Recorder ; but an ap-
peal shall lie on questions of law and of fact,
from the Registrar's decision to the Recorder,
under the rules for regular appeals contained in
the Code of Civil Procedure. The decision on
the appeal shall be final ; but the Recorder shall Beference to
be at liberty to state a question of law, or usage ^^^ ^^^
having the force of law, or the construction of a
document affectiag the merits of the decision, for
the opinion of the High Court, in the same man-
ner as in cases originally tried by himself.

XXXIX. In all suits heard and determined App**^ ^^^
by a Recorder imder this Act, in which the sum ©ii^?/ certain
or matter at issue is rupees ten thousand or up- <^»««'
wards, or in which the judgment, decree, or order
shall involve, directly or indirectly, any claim,
demand, or question, to or respecting property of
the value of rupees ten thousand or upwards, an
appeal shall lie to Her Majesty in Council, sub-
ject to the rules and orders for the time being in
force regarding appeals to Her Majesty in Coun-
c*il, from decisions of the High Court of Judica-

ture at Fort William in Bengal, in the exercise
of its ordinary original civil jiirisdiction.

lu^conioi to ex- XL. The Recorder shall exercise all the pow-

cruiso power of n ^ i t* ch • i/»-i»jiJ>i

Court of Session, crs 01 a Court of Session, as denned in the Code
deiiv^^lortaiai ^^ Criminal Procedure, with the territorial Umits
of offeudcra. of tlic civil jurisdictiou of the Court or Courts of

which he is Recorder ; and shall, at the place or
places where such Court or Courts are held, hold
gaol deliveries at convenient periods, of whicli
due notice shall be given in the manner prescrib-
ed in sections 6 and 7 of tliis Act, for the trial of
all persons charged with oflfences punishable un-
der the Indian Penal Code, who may be commit-
ted to take their trial before his Com-t as a Court
of Session. Provided that the Recorder shall not
Ei^iilan British l^^^c powcr to try any European British subject
siibjccta chai-geii charged with an offence punishable with deatli
ni ah abie*^itii lender the Said Code. The commitment of any
death. Europcau British subject charged with any such

offence shall be made to the High Court of Eort
William in Bengal. In all other cases, the com-
mitments made within the limits of the jurisdic-
tion of any Recorder's Court, for offences punish-
able under the Indian Penal Code, shall be made
to that Court.

Commitment XLI. If any Europcau British subject shall
^bj^°^wheS te charged in British Burma with any offence
charged with of- (other than an offence punishable with death
th M«' punUhabS uudcr the Indian Penal Code), which a Justice of
with death. ^hc Pcacc shall not be competent to punish, and

there shall be sufficient groxmds for committing
him for trial, such European British subject shall
be committed to take his trial before the Record-
er, and shall be tried by the Recorder of the
Court held within the cUvision of British Bur-
ma in which either such European British sub-
ject shall have been arrested, or in which the
offence with which he is charged shall have been
conunitted ; that is to say, before the Recorder

Oi>

at Rangoon if the arrest took place or tlie offenee
were committed in Pegu; before the Recorder
at Akyab if the arrest took place or the offence
were committed in Arakan ; and before the Re-
corder at Maulmain if the arrest took place or
the offence were committed in the Tenasserim
provinces.
XLII. The proceedings on trials held by the ^ Proceedings of

T> 1 /ti.x»a' ii.i'A 1 Recorderas Court

Kecorder as a Court of Session under this Act of session how to
shall be regulated by the Code of Criminal Pro- ^ ^^^^^^
cedure, and shall be subject to all the provisions
of this Act^ in. so far as tlie same may be found
applicable^

XLIIL K on any trial, sentence of death Execution or

,11, iiji-rfc-i "I J commutation of

shall be passed by the Recorder, such sentence sentence of death,
shall not be carried into execution until it shall
have been confirmed by the Chief Commissioner.
It shall be lawful for the Cliief Commissioner, in
any case in which it shall seem proper to him so
to do, to commute a sentence of death to a sen-
tence of transportati(m for life, or tos any shorter
period not less than seven years.

XLIV. No appeal shall lie from any order or No appeal fn>m
sentence passed by the Recorder in any criminal corder m crimt
case. But it shall be at the discretion of the^*^^^' ^^* *^^

m &v r©8Grvo

Recorder to reserve any point or points of law for point» for opinion
the opinion of the said High Court. *^ ^^'^^ ^^^«^-

XLV. On such point or points of law being ?«^f ^ ?? ^'^"",

- •jT^ij T J- ^ ^^^ alteration of

SO reserved, as m the last preceding section men- judgment hy

tioned, or on its being certified by the Advocate ^^^^ ^^^^

General at Fort William that, in his judgment,

there is an eiror in the decision of a point or

points of law decided by the Recorder, or that a

point or points oi Ism which has or have been

decided ly the said Recorder should be further

considered, the said High Court shall have full

power and authority to review the case, or such

part of it as may be necessary, and finally deter-

mine such point or points of law j and thereupon
t^ alter the sentence passed by the Recorder, and
to pass such judgment and sentence as to the
said High Coixrt shall seem right.

Stomp dutiM XLVI, The stamp duties prescribed by sclie-
.1;3ii&°> dule B annexed to Act X of 1862 (lo cmsolidaie
Kecor^'s Court ^,j^ amend the law relatinff to stamp duties)^ for

instruments and writings in the Sudder Court,
shall be chargeable on instruments and writings
in the Courts of the Recorders established under
this Act, if the amount or value of the claim ex-
ceed one thousand rupees, or if the case be an
appeal. The foregoing limitation as to amount
shall not extend to petitions of plaint. For such
petitions, whether the suit be tried by the Re-
corder or the Registrar of the Court, and for
certificates granted imder Act XXVII of 1860,
the duty prescribed by the said schedule B shall
be chargeable. For copies of decrees in suits, in
which the amount or value of the claim does not
(*xceed one thousand rupees, as well as for copies
of judgments and orders, the same duty shall be
chargeable as prescribed by the said schedule B
for copies of decrees, judgments, and orders pass-
ed or made by a Court below the Sudder Court.
On instnmients and writings in all other cases,
as well in the Recorders' Courts, as in the Courts
of the Registrars in cases cognizable by those
officers, on wliich a duty of eight annas is pre-
scribed by the said schedule B, the duty charge-
able shall be eight annas.

Commiawoner XLVII, The Conunissioncr of the division
^/derTn^a^y^**^ which the Said town of iUqrab, Rangoon,
■uit, and record or Maulmaiu, is situatcd, may sit with the Re-
•^®°' corder in the trial and hearing of any civil or

criminal case arising within the limits of his divi^
sion ; and may record his opinion in any case in
which he may so sit.

' 57

XLVIII. If there shall for the time being be .^^^^ "^y* ^^
no Recorder, or if the Recorder of any of the said Recorder, sit in
Courts shall at any time, from sickness, or from 9^^ *^^^®'^'
being absent on leave or other cause, be unable ^^ ^^
to attend to the duties of his office, it shall be
lawful for the Commissioner of the town where-
in such Court is situate to sit in such Court, and
to exercise all the powers vested by this Act in
the Recorder, but subject to all the rules, provi-
sions, and limitations, herein prescribed and de-
clared. Provided that no Commissioner shall act
as Recorder, or exercise any authority under this
section, without the sanction of the Chief Com-
missioner first obtained.

XLIX. The Recorder shall ke&p such regis- ^®*;^'i®' ^^
tore, and books and accoimts, and submit to the tew^ &"!', a^^
Chief Commissioner such statements and returns ^^^ ^^f^ ^^
of the work done in his Court, on the civil and chief Commis-
criminal sides, as may be prescribed by the said ^^^'' ^^*^ ^^^'
Chief Conamissioner, with the approvatl of the
Governor-General in Council. The Recorder shall
also comply with such requisitions as may be
made by the Governor-General in Council, or by
the Chief Commissioner, for records.

L. The word "Barrister'' in this Act shall ^^i^ft^etetion
be deemed to include Barristers of England or^
Ireland ; or members of the Faculty of Advocates
in Scotland ; or Advocates of any High Court, or
Colonial Supreme Court, authorized by Royal
Charter to admit Advocates.

No. 360
NOTIFICATION.

Fort William, Foreign Department.

JUDICIAL.

The 30th November 1863.

The Governor-General in Council has been
pleased under the authority of section 1 Act XXI
of 1863, to direct the estabKshment from the 1st
January next of a Recorder's Court for the town
of Rangoon.

No. 114
. The 26th February 1864.

Under section 10 of Act XXI of 1863, it is
hereby notified that the Chief Commissioner of
British Burma has, with the approval of the Go-
vernor-General in Coimcil, fbced the following
limits of the jurisdiction of the Recorder, of. £.ai>-
goon..
Limits of the On the cast side of the river- Irrawaddy (or
S^trTR^^^l^^goon river) south of a line drawn from- the
Koon. northern extremity of Neikban village, in Kem-

mendine, passing to the north of the Thway-tshay
tanK, and royal lake, to the northern extremity
of the village of Puzoondoimg ; on the west (or
Balla side) of the river, within a line drawn paral-
lel with the river bank from the mouth of the
Fanlang creek, to opposite the mouth of the Pu-
zoondoung creek, as shown By piU^irs ; so much
of the Rangoon river, of the Pegu river and of
the Puzoondoung creek as is included in the port
of Rangoon ; and the whole course of the Ran-
goous river south of the port limit as far as the
mouth of, the said river, as shown by an east
north-east line drawn from the beacon on the
west shore to a pillar on the cast bank, of the said.
liver.

No. 6.

JUDICIAL.
Port WUliam, the 15th AprU 1864

Notification. — ^The Governor General in Coun-
cil has been pleased, under the authority of sec-
tion 1 of Act XXI of 1863, to direct the esta-
blishment, from 1st May next, of a Court of
Judicature for the town of Maulmain, to be called
the " Court of the Recorder of Maulmain."

No. 442.
NOTIFICATION.

Home Department,

Simla, the 26th July 1865.

The following revised boundary defining the
jurisdiction of the Recorder of Maulmain, is pub-
lished with the sanction of His Excellency the
Governor-General in Council, in rectification of
the limits published in the Gazette of India of
ilay 14th, 1864 :—

Prom a pillar on tbe northern extremity of. Limits of the

Avj-ijiv J ji •?! jurisdiction of

Amherst island, thence eastward to a pillar on the Recorder of
the right bank of the Wagroo creek, and thence Maulmain.
along the left bank of the Salween river, north-
ward, to a pillar on the right bank of the Kyouk-
lan creek. From the mouth of the Kyouktan
creek and up the right bank of the creek to
where the Kyouktan road meets it, along the
Kyouktan road, north, to its junction with the
upper Mopoon road, thence along the latter road
to its junction with the Nantay road, thence along
the Nantay road to Nantay village, thence along
the left bmik of the river Attaran to the landing

place called Ngyoung Benzeik, and then still
along the left bank of the Attaran river to its
junction with the Gyne Salween, marked by a
pillar on the left bank, thence across the Attarau
stream to a pillar on the right bank and north-
ward skirting the shoze of the mainland to a pil-
lar on the left bank of the Gyne river^ thence
across the said Gyne riyeft to a pillar lying N. by
E. on the right bank of the said river. Thence
north along a line 1,000 feet from the bank of the
Kuddo stream to a pillar south of the village of
Yau-thit, thenee to a pillar in a westerly direction
on the extreme north point of Kau-ka-mee island,
thence along the western bank of the said island
to a pillax on its southern extremity. Thence
along a line, passing southward, down the centre
of the stream and westwai'd of the island of
Kyrm-thit, to the pillar on the left bank of the
Attaran river, where that river falls into the Gyne
Salween, thence along the left bank of the Salween
to Battery point, but including the island of
Goung Tsee Guen, From Battery point across the
whole breadth of the Salween river, described by
a line drawn west, to a pillar on the north point
of the island of Kau Mopoon, thence along the
eastern shore of the island of Kau Mopoon, and
on southward, along the eastern shore of the is-
land of Beeloo Gyoon, continuing still south-
ward along the eastern shore of the Long island,
jand theuice in a south-westwardly dir^tion to a
pillar on the southern extremity of Beeloo Gyoon
island, and them^ southward to a pillar on the
northern extremity of Amherst island.

In the limits above described, the boundaries
of the Recorder*s jurisdiction along the banks of
jthe rivers and streams, extend to low-water mark.

BO a
ACT No. Ill OP 1866.

Passed by thb Governor General of India, in

coitnoil,

(Received the assent of the Oovernor General on

the 26th January 186^.

Power to Re-
gistrars appoin tetl
under Act XXI
of 1863 to make
certain orders in-
terlocutory.

An Act to confer certain increased powers on the
Registrars of tlie Recorders^ Courts in British
Burma, and for other purposes,

Whereas it is expedient to confer upon the se- Preamble,
veral Registrars of the Recorders' Courts in British
Burma certain increased powers ; it is enacted as

follows : — •

1. Every Registrar appointed under Act No,
XXI of 1863 (Ho constitute Recorders' Courts for

I the towns of Akydb, Ra/ngoon a/nd Maulmain m
British JBtirma, and to establish Courts of Small
Causes in the said tovmsj may, in the absence of
the Recorder of the Court to which such Registrar
is appointed, make all such orders for arrest %efore
judgment, for attachment of property before judg-
ment, for the protection, management, and custo-
fly of property in dispute in any suit, for injunc-
tions restraining breaches of contract or wrongful
acts, as such Recorder if present might make.

2. Every order made by any Registrar in the
f exercise of the powers conferred upon him by this

Act may be altered or reversed upon the applica-
tion of any person, whether a party to the suit or
not, who may deem himself to be aggrieved by
such order.

3. Every such application may be made to Application
and disposed of by the Registrar of the Court in ^l ^a^ed of
which such order shall have been made, in the ^y Registrar.
absence of the Recorder of such Court. .

Such orders
may be altered or
reversed on ap-
plication.

take^^doTO 'c>4^ 4. The Begistrar to whom any such applica-
dence. tiott shall bo made shall take down the evidence

given upon the hearing of such application.

oTdS^Ll^h^ 5. Every order made Iby a Begistrar.in pursu-
Ee^Jrar. ^ ^ aucc of this Act shall be subject to an appeal,

under the general rules applicable to appeals from
orders to the Recorder of the Court by the Re-
gistrar of which such order shall have been made.

^o^' *o »p- 6. In case of the absence of the Recorder
mhia ftbswje. ^' bcforc whom the appeal is brought, the person

appealing may make such application by way of
petition, and may require the Registrar from
whose order such appeal shall be brought, to trans-
mit to such Recorder copies of such petition and
of all the evidence received by the Registrar upon
the hearing of the application from the order up-
on which such appeal shall have been brought.

coS^T to ^teftr ^' ®^^^ Recorder may affirm, alter, or reverse
reverse the order the Order from which such appeal shall be brought,
appealed against, q^ postpone the further consideration of such ap-

jfeal until the next sittings of the Court in which

such order shall have been made.

ww^\^^iU^to ®' ^^ appeal from any order made by any
be brou^tf Registrar under the powers conferred by this Act,

nor any appUcation to alter or reverse such order,
shall be brought after the conclusion of the sit-
tings of the Court in which such order shall have
been made, which shall commence next after the
making of such order.

ccKffida*?it8 ®' Every Registrar appointed under the said
and administer Act shall havc powcr to rcceivc affidavits and to
^**^ administer oaths and affirmations in all suits

which may or shall be depending in any Court

established under the said Act.

wM^ Re^^rfi^ ^^* ^^ ^^^® *^® Recorder of any Court, esta-
is a%rty oTwit- blishcd uudcr the said Act, shall be a party or a
aea«« necessary witness to or in any suit or proceeding

60c

instituted in such Court, such suit or proceeding
and all applications therein shall be heard and
determined by the Commissioner of the division
in which such Court shall be situated, and such
Commissioner shall in every such suit or proceed- /
ing have and exercise all the powers by the said
Act or by this Act vested in such Recorder.

11. Upon the happening of a vacancy in the Provision for
office of Recorder, and during any absence of a o^^^of ^Rec<«u
Recorder from British Biuma, the Governor Ge- der.

neral of India in Council shall appoint any per-
son, with such qualifications as are required by
the said Act in persons to be appointed Record-
ers, to perform the duties of Recorder. The per-
son so appointed shall be authorized to sit and
perform the duties of Recorder until some person
shall have been appointed by the Governor Ge •
neral in Council to the office of Recorder and
shall have entered on the discharge of the duties
I of such office, or until the Recorder shall have
returned from such absence.

12. So far as regards Small Causes, all or any Rcgiatrar's pow-
of the powers and duties conferred and imposed clnTe * c^o'^iVt
on any Registrar by this Act, or under or by vir- Judge ererciae-
tue of sections 35 and 36 of Act No. XXI of 1863, *^^' t>y b^^o"^^^-
may be exercised and performed by the Recorder

of the Court to which such Registrar is attached.

13. Whenever any person holding the office Power to ap^
of Registrar under Act No. XXI of 1863, shall g*R^tr2:?*'

f obtain leave of absence or be disabled through
illness &om performing his duties, it shall be law-
ful for the Recorder of the Court to which such
Registrar is attached, or, in .his absence, for the
Commissioner of the division in which such Court
is situate, to appoint some person to officiate as
Registrar ; and such person while so officiating
shall have the same powers and perform the same
duties as the Registrar of such Court under this

Act and any other law for the time being in force.*
Any person appointed under this section may
hold at the same time any other oflS^oe under Go-
vernment.

ruhlnrinm^ca 1'^- "^^ Recorder of any Court established

' under the so-id Act shall have power to make and
issue general rules for regulating the practice and
procedure of his Court, and to prescribe forms
for every proceeding therein for which he shaU
think that a form should be provided, and from
time to time to alter any such rule or form ; and
the rules so made, and the forms so framed, shall
bo published in the official gazette, and after
being so published shall be observed and used in
the said Court. Provided that such rules and
fonns shall not be inconsistent with the Code of
Civil Procedure or any other law for the time
being in force, and shall, before they are publish-
ed, have received the sanction of the Chief Com-t
missioncr of British Burma.

Tiiis Act to ha 15. This Act shaU be read with, and taken aa
XXI of 1803/^'' pavt of, the saia Act No. XXI of 1863,

No. D.
JUDICIAL.

Fort William, the 15th April 1864.

Notification. — Uader section 31 of Act XXI
of 1863^ the GoTemor-G-eneraJ in Council has
been pleased to appoint a Registrar to the Court
of the Recorder of Rangoon, and a Registrar to
the Court of the Recojder of Maulxnain,

TJnd» section 35 of the same Act, the Govern*
or General in Council has heen pleased to invest
both the above ofl&cers with jurisdiction to hear
and determine suits of the nature cognizable by
them as Small Cause Court Judges, in m liich the
amount o^ value 4oes not exceed five hundred
rupees.

GENERAL RULES AND ORDERS EOR
THE COURT OF THE RECORDER

AT RANGOON.

SECTION I.

1. AU the proceedings of the Court, and aU me^^ how to'iJ;
pleadings, processes, and exemplifications filed, or written.

used in Court, shall be commenced, continued,
and written in a clear legible hand, or printed on
paper of uniform size, and with a margin on the
left hand side not less than one and a half inch
broad ; and with a right hand margin not less than
f half an inch broad* Until arrangements have
been made for the impress of dry stamps on fool-
scap, the stamped sheets at present supplied by
the vendors may be used, bdaig folded inwards to
the size of foolscap.

2. Eveiy summons, subpoena, injimction, writ, p^^^^^thS
order, and other process i^uing from the Court uke issuing from
in any suit whatsoever, shaU be headed and intitul- ^^f 'c^u^*^
ed with the words, " In the Court of the Recorder

Holid|iy9.

Proviso.

of Kangoon ;" and every such process, summons,
subpoena, writ, injunction, or other document,
shall be signed by the Recorder or by the Regis-
trar of the Court, and sealed with the official seal
of the Court, and dated of the day on which the
seal shall be impressed thereon.

3. The following holidays, and these only shall
be kept and observed in the offices of the Cornet
of the Recorder, and of the Registrar of the said
Court, and Judge of the Court of Small Causes.: —

New Year's Day^

Ash Wednesday,

Good Pjciday and the day after,

One week of tlie Burmese New Year,

Easter Monday and Tuesday,

The Queers Birth-day,

On€ week at end of Burmese Lent,

The Prince of Wales' Birth-day.

Christmas Day, and the days between that day
and New Year's Day.

Provided always, thiat when any of these holi-
days fall on a Sunday it shaU be kept on the Mon-
day following. No other holidays than the above
will be allowed nor the offices allowed to be closed
on any other day, except in extraordinary cases,
where a public holiday may be proclaim^ under
the authority of Government. On Saturday,
which is a half-holiday by order of Government,
the Oourt will close at one o^clock, if the state of
business allows of this being done.

Where process is returnable on expiry of a
number of days stated, holidays shall not be in-
cluded in calculating the number of days to be
reckoned.

4. Tlie oflBcers of the said Court, as per mar- ^"^y attend-

Till, J 1 . T"ti ance required of

^Uy shall attend every day, except on holidays, chief clerk and
from half past ten in the forenoon . till half past J]^"\^tera^c^erk
four in the afternoon ; and the offices shall be open S c^uit of s^nmii
to the public, from eleven a^ m. till four p. m. ^^^ ^uuiff!
The sittings of the Recorder or the Registrar, in and clerk,
bis judicial capacity, may of course extend to
any hour of the evening which public justice may
require ; but, for office business, the above hours
shall be strictly observed..

Nothing in this rule shall prevent the issuing
of any process, or* prevent the application for, or
granting of, any execution, injunction, prohibi-
tion, sequestration, or other writ or process^ of
a like nature, rendered necessary by the special
and extreme exigency of any particular case, at
other hours not above specific as office hours ;
provided always that no official order shall be
made or signed at any place othw than the Court
house.

5. All pleadings, petitions, and matters in th^coS**^^ ° ^
witing presented to, and placed on record in the
Recorder's Court, shall be in the English language

which is hereby declared to be the language of
the Court. Where documents in any language
other than. English are necessary to be filed in the
progress of a suit, they shall be accompanied by
a fairly written English translation thereof, veri-
fied by a sworn translator licensed by the Recorder
or Registrar. A list of such sworn translators,
of the languages they are authorised to translate
from, and of the fees chargeable for translations,
(which shall be recoverable as costs) shall be sus-
pended in the Court of the Recorder, and in the
Court of Small Causes. Rules will be promul-
gated for the due licensing of sworn translators.

6. At each sitting of the Court, on the days Disposal of bu-
for civil business, as fixed by Notification No. 1,
after the receipt of plaints and petitions of all de-

smcss.

scriptions, settlement of issues in cases standing
for settlement, and orders, next shall be taken
civil trials ; Ist, undefend^ or ex-parte ; 2ndly ,
defended and evidence cases. These shall be heard
according to their number on the file.

Liatof cases for 7. The Registrar shall, on the morning of
to^iM^posteS^ holiday in each week, cause to be posted in a
in a conspicuous couspicuous placc in the Court house, a general
p^ace every on- ^^ ^ ^^^ cascs for disposal that wcck, in the or-
der in which the same mil be called on.

8. T\Tiere, from any unforseen contingency,
such as is contenaplated by section 48 of the Act,
it may be neeessaify that an immediate and urgent
step be taken in any case, whether such step be
order or any other urgenft procedure, not admit-
ting of delay, examination of witnesses de bene
ease f ox trial, dming the period when the Recorder
is absent, or from any cause unable to attend to
the duties of his office, the Reg&trar shall, on
the written application of the party desiring im-
mediate action, submit the case for order to the
Commissioner of the province of Pegu.

Application for 9^ When Both parties to a suit, or either party

an asssossor to... _, . *^ ^ ii

aid tiie Court, shall desirc that an assessor or assessors should,
how to be made, f^^ ^^ purpos© of any particular case. sit to assist

iJie Recorder in the hearing thereof, under the
provisions of section 30 of Act XXI of 1863,
such party or parties shall apply to the Court by
petition seven days before the day on which such
cause is to be tried. The Recorder will hear and
determine the application forthwith ; and if it be
ruled that an assessor or assessors shall be called
in, the Registrar shall issue letters of request
for the attendance of such assessors, who shall
each receive for each day^s attendance, the sum of
twenty-five rupees, to be paid in advance to the
Registrar, by the party or parties applying by pe-
tition, which payment shall be costs in the cause.

10. The Commissioner of division ynll be al- Commisaioner
ways furnished by the head clerk with a copy otil^t^'' wi^h
the Monday weekly list ordered by rule 7, in or- ^'py ^f weekly
der that the Court may have the advantage of the '^'''^^'^'
presence and assistance of the Commissioner in
any case in which he may think fit to sit with the
Recorder, as provided by section 47, of Act XXI
rfl863.

11- When a plaint is filed, th«e shall be de- Defendant to
livered with it to the Registrar, as many copies XyTSnl^'*"
thereof as there are defendants, for the use of the
said defendants, to be delivered to them if applied
for, A scale of allowance for these copies^ will be
found in the sdiedule A annexed, which wiU be
allowed for in taxation ta the plaintiflP, if success-
ful, in addition to the advocate's fees. And in
land, or disputed boundary cases, there shall be
filed with the plaint, for the information of the
Court and inspection of the defendant, a neatly
draw^n and eol«red outline sketch of the premises
or land in dispute, executed by a competent per-
wn, for which also a reasonable fee will be allow-
ed to the successful party in computing hie costs.

12. On the day issues are declared in any suit Partien in »amt
where the summons has been for the settlement ^^ji^\yi^^nfgg°J
of issues, the Court will order the parties to name on Courts order,
tlieir witnesses, by filing lists of them in writing
on the next lawful day, if not ready to do so at
once. Subpoenas may issue as soon as the lists are
filed.

SECTION II,

1. No letters addressed to the Judge shall be ^jj ^ ijcations
received, or attended to ; but all applications shall to be* ^ J^l^
be made to the Judge in open Court. No corres- ^^^ ^3^vo^
pondence relating to suits instituted in, or pro- cate or agent.
feedings before the Court, shall be entered into ; J|f^^^, ^^JJ;
parties having business with the Court shall respondence res-
ti-ansact the same in person, or by an advocate of ^bJjcl/"**** ^"^^

ihe Court, or by a recognized agent, (section
16, Act VIII of 1859).
TfettJipretotioD 2. Whenever the singular number is used in
™"' these rules or in the schedule hereunto annexed,

in reference to persons or things, it shall be under-
stood when necessary to give full effect to the rules
and the schedule to-mean several persons or things;
and every word importing the masculine gender
shall also, when neceessacy^^ be understood tO) in-
elude the femimne gender..
Officers prohi- 3. No officor of thc Gourt, and no paa*tnep to
ai^d^^!!tt^ s^ch oflSicer, shall a^ inr any way as an advocate
agent, or sund- oj. rccognizcd agcut ou aecount of sidtors nor shaii
T^te^^prohibit- Buch officcr, or his or their partner, nor shaU' a/ny
•d from Btandiog advocatc of the Court become surety in any ease

security. , .j • • * •/ 9f

where security IS required.
AU parties ex- 4. All partics to suits, except such females as
Sae8,^'^aWe to ^^ cxcmpted by native usage, shall be liable to
appear in person, appear iu pcrsou J but in cases in which any per-
son shall desire to appear as the recogmzcd
Recognised agent of a party, hc shall previously obtain the
*^tod*b^ »p- leave of the Court,, and shaU be constituted (from
l»in y wnt- ^^ ^ j^ ^^ schcdulfe) in Writing duly attested',

such agent for the conduct of* the proceedings
(sections 18 and 21 Act VHI rf 1859>.
Joinder of 5, Claims by husband^^ in their own rights

may be joined with claims in respect of which
the wife must be joined as a party.
'l>iviwo^ of 6. K'o plaintiflF, in the Court of Small Causes^
^hibi^*^ut shall divide his cause of action, for the sake of
«joeM may be bringing two or more suits, but a plaintiff having
^ cause of action for more than rupees 200, may-

abandon the excess, which shall be stated in the
plaint and summons, and entered on the record,
and thereupon the plaintiff shall, on proving his
case, recover to an amount not exceedLng rupees
200 and costs, in full discharge of all claims irt
respect of such cause of action (section 7 Act
YIII of 1859).

7. The plaint shall be distinctly written, and j^^^^^ i^
shall contain — pUink

1st. The name, description, and place of abode
«f the plaintiff.

2nd. The name, descript^n, and place of abode
-of the defendant, so far as can 'be ascertained.

3rd. The relief sought for, the subject of the
claim, ^aad the <eause of aetion.

It ^lall be signed hj the plaintiff and his ad-
v^esiie, if any, and verified by the plaintiff in the
manner required by law (sections 26 and 27 Act
VIII of 1859).

^. At the time of entering the plaint, a note J^^^J^^**^"*
imder seal of the Court, according to the form ^ "^
Net. 2 in the schedule, shall be given to the plain-
tiff or his advocate, or recognized agent, and no
money shall be paid out of Court to such advo«
«ate or agent, uailess on production of such note,
except by leave of the Court.

•9. The sununons shall be issued in the form ^JenSSt ""^ *"*
No. 8 in the schedule, and shall bear the date of the
plaint; the particulars thereof shall be duly en-
tered in the record book, and every summons
shall be made returnable in one week unless
otherwise specially ordered.

10. Four clear days shall ordinarily be al- ^^^^^*^* ^' "^'
lowed to the bailiff for the service of summons ;
that is to say, the simimons will ordinarily be
made retm*nable on the fifth day from the regis-
tering of the plaint. When a plaintiff or his ad-
vocate has reason to apply for an emergent sum-
mons, the special grounds of emergency shall be
stated by petitioner to the Court, or by a written
memorandum at the foot of the plaint, and the
Court' may, if the grounds stated appear reason-
able and warranted by facts, on an examination
thereupon, grant summons returnable the next
Court day. This will, however, only be done

mons.

where the plaintiff clearly shows exigeacy and
j)robable loss by conformity with the CMxiinary
rule which is based on section 45, Act VIII of
1859, Where the plaintiff apprehends such ob-
struction or delay, as is contemplated in section
81 of the said Ajct, the jwocedure therein laid
down must be strictly observed.

Sendee of sum- n. The bailiff is required to use such dill*

gence in the service of summons, as soon as pos*
sible aftCT they reach his oflSjce, that they may
ordinarily be served on the party summoixed forty-
t;ight hours before hie is called on to appear. If
this is not done, it will be competent to the de-p
fendant to apply for a postponement,

ser\nce of sum- 12. Evcigr summous to appear to a suit shall

be served by one of the bg^iliff's peons two clear
days before the holding of the Court at which the
defendant shall be summoned to attend, unless
otherwise ordered; aiul in case the peon shall
not be able to serve the same within the time
limited for that purpose, the plaintiff, on satisfy-
ing the Court that he has used diligence in point-
ing out the defendant, m^^y by or^r of the Court,
take out, paying the regulated charge for the
same, successive summons returnable at such
time as the Court may order, in poutinuation of
and founded upon the first summons.

Service of Bum- 13^ Servlce of a smnmons to appear to a suit

shall be by delivering or tendering a copy, imder
the signature of the Recorder or Registrar and
seal of the Court, to the defendant in person ; and,
in case it is found that the defendant is evading
service, the Court imj order the sa^e to be serv-
ed on any adult male miember of his family resid-
ing with him, or make su^h prd^ as it may think
fit, as to substitution of swvioe ; and in all cases
the plaintiff, or his agent, shall, if required by the
bailiff so to dO; accompany the peon to point put

mona.

the defendant or his place of abode or business
(sections 48, 53, and 67, Act VIII of 1859).

14. When a defendant shall be Uving or re- J^Z^'nlS
siding in any military lines, barracks, or quarters, persons,
and serving Her Majesty as an ofB.cer or soldier,
it shall be sufficient service to deliver a sealed
copy of the summons to the commanding officer
of the corps to whieh the defendant belongs
(section €2, Ajpt VIII of 1859),

15- When any defendant shall, l)y keeping , <^*'*»^*" ^'■'

.. i»-Uj'^ 1 i?i -1 ^oderm what man-

liis place of ^bode or place ot busmess closed, or ner service shau

by violence, or threats, prevent any peon from ^^^^.^^^J^ge^^^

serving any sumnaons as herein before directed^

and the Court shall hsYe so ordered, «uch sum*

mons may be affixed conspicuously -on, or near,

to such place of abode, or business, or otherwise

served, as nearly as may he according to the mode

herein directed^ and such service may be deemed

good service^ In all cases in which difficulties

arise, as to the service of any summons, the Courts

on special application, «hall order in what manner

such service shall be made,

16. The peon who serves the summous shall ^^^j^""^*^^^^'*^-
endorse thweon, in his own language, the time
and manner of service, and deliv^ the same to
the bailiff, who shall certify the service and deliver

the same to the head clerk, who shall file it, hav-
ing first transferred the particulars to the regis-
ter book,

17. The summons to a witness, shall be in the ^^^^^ *®
form Uo^ 4 in the schedule, and shall, except

when otherwise ordered by the Court, be served
)er8onally on such witness, and the service shaU
)e made, in all cases, a sufficient time before the
date of hearing to allow of preparation for, and
attendance at the Court. The space of time to
be thus allowed not to be less, except under the
order of the Court, than 24 hours.

mons.

^^cost ofaervice jg ^jj p^ocess requiring senToe, fihall be
process. ^^^^^ ^^^ ^^ ^^^ expense of tbe pMty applying for

the same, and the sum required to defray the
costs of such service shall be paid into Coiirt be-
fore the process is issued (section 2, Act XXIII
of 1861, and section 161, Act VIII of 1859)-

Amendment 19^ Where a party sues, or is sued, in a repre-
tive^shiml^r. ^ sentativc character, but at th« hearing it appears

that he ought to have sued, or been sued, in his
own right, the Judge may, at the instance of
either party, and on such terms as he shall think
fit amend the proceedings accordingly ; and the
suit shall then proceed in all respects, as to set-oflf
and other matters, as if the proper description of
the party had been given in the summons*

Amendment. 20. Where the name or descriptiim of a plain-
^^^Tof'pUia' ^iff in the summons is insufficient, or incorrect,
^^' it may, at the hearing, be amended at the instance

of either party, by order of the Judge, on such
terms as he shall think fit; and the suit may then
proceed as to set-off and other matters, as if the
name or description liad been originally such as
it appears, after the amendment hsa been made.

Amendment 21. * Whcrc the uamc or description of a de-

Munomer or dee- o i • i • • iw» • a •

cription of de- fcndaut m the summons is insufficient, or incor-
fendant ^^^^^ ^^^^ ^^ defendant appears, and objects to the

description, it may be amended at the instance of
either party, by order of the Judge, on such terms
as he shall think fit, and the suit may proceed, as
to set-off, and other matters, as if the name or
description had been originally such as it appears
after the amendment hais been made ; but if no
such objection is taken, the suit may proceed, and
in the iudgment and all subsequent proceedings
founded thereon the defendant shall be described
in the same manner.

Amendment 22. In sults by or agalust a husband, if the
Husband •»<* ^e is Improperly joined, or omitted as a party.

the summons may, at the hearing, be amended
at the instance of either party, by order of the
Judge, on such terms as he shall think fit : and
the suit may proceed, as to set-off and other mat-
ters, BB if the proper person had been made party
to the suit.

23. When it appears at the hearing, that a ^ Amendment
greater number of persons have been made plain- ^'^'^

tiffs than by law is req.uired, the name of the per-
son improperly joined manr, at the instance of
either party, be struck out by order of the Judge,
on such terms as he shall think fit ; and the suit
may proceed, as to set-off anti other matters, as
if the proper party or paxt^ only had been mLde
plaintHSs.

24. Where if appears at the hearing, that a Amendment,
less number of persons have been made plaintiflfe ^^^^

than by law is required, the name of the omitted
person cat persons, may» at the instance of either
party, be added by order of the Judge, on such
terms aa he shall think fit ; and the nmi, shall pro-
ceed, as to set-off and other matters, and judg-
ment shall be pronounced as if the proper persons
had been originally made pairtie» (section 73, Act
VIII of 1859).

25. When the defendant admits that he is lia- Payment into
ble to pay the debts and costs of the suit, and ^^^^

pays the money into Court, the simi so paid shall
include all necessary costs in Court up to that
time incurred by the plaintiff, and the payment
into Court shall be duly recorded by the Kegis-
trar,

26. When the defence is a tender, such de- Tender.
fence shall not be available, unless before or at

the hearing of the suit the defendant pays into
Court (which may be without costs) the amount
alleged to hare been tendered.

Set-off. 27. When a defendant is desirous to set-off

any debt or demand alleged to be due to him
from the plaintiff, he shall produce the i)articulars
of such set-off in writing, at the time of his ap-
pearing to answer, unless otherwise ordered by
the Court, which said particulars shall be forth-
with filed by the Court (section 121, Act VIII
of 1869).

Amendment. Sfg, WIicH a pcrsou othct than the defendant

Substitution of a i. j.t_ i_ • j i -j. a.i j. ■!_ •' xt

defendant. appears at the heanng, and admits that he is the

person whom the plaintiff intended to charge, his
name may be substituted for that of the defendant,
if the plaintiff consents, and thereupon the suit
shall proceed as if such person had been original'
ly named in the summons ; and if necessary, the
hearing^ may be adjourned on such terms as the
Judge shaU think fit, and the costs of the person
originally namied as the defendant, shall be in the
discretion of the Judge*

Rectification of 29. No misnomer, nor mis-statement of the

misnomer or mia- /» r^ •■ ii • • ****'^ MVM.»/^*A*vixw v* v^ikj

Btatement. causc of actiou shall vitiatc the summons, and the

Judge itaay, in his discretion, rectify such mis-
nomer or mis-statemient, as soon as discovered,
and alter the record accordin^y ; and if the de-
fendant or one of the ddTenc^fnts be present in
Court at the time of such discovery, the hearing
shall proceed as if no such amendment had oc-
curred ; but, in the absence of the defendant, a
fresh sunmions shall issue.

Daily list of 30. A dafly list shall be prepared of the cases

set down for hearing, and such list sliall exhibit
the No. of each case, with the names of the par-

'^^^ ties. Tlie Court oflBcer shall indicate each case

in its regular order on the file ; and shall call the
parties in an audible voice ; when, if they fail to
appear, the suit shall be dismissed. If the plain-
tiff alone appears, the case shall proceed in tlie

Costs. absence of the defendant, due service of the siim-

cases.

mons having been first proved, and judgment may
be pronounced as if the defendant was present.
If the plaintiff is absent, and the defendant ap-
pears, and disputes the claim, the Court will pro-
nounce judgment by default, passing such order
as it may deem expedient, as to the payment of
costs to the defendant. If the defendant admits
the claim, the Court will satisfy itself of his
identity, and pass judgment upon such admission.
All costs are in the discretion of the Judge ; the
judgment will, in every case, direct by whom the
cost« of each party are to be paid (sections 110,
111, 114 and 187, Act VIII of 1859),

31. A duplicate list of the cases to be lieard to^^^^^ed'i^
during the day, shall be aflSixed in some conveni- Court

ent and conspicuous part of the Court, for the
use of the parties.

32. The clerk of the Court will each morning nuties of minu
have the papers relating to each case, including attendance oi
the plaint, written statement, answer, summons ^'«^^-

to witnesses, and any documents which may have
been deposited in Court by the parties to the suit
careftdly arranged, and shaU keep each file of
papers in a distinct bundle, placed in the order
in which the cases are set down for hearing, so
that he may, without delay, be able to furnish
the Court with any case or paper which may be
required.

33. On the judgment having been pronounced, Notea of judg-
before the parties leave the Court, they will be JJ^^^^l^ ^"^
furnished with a short note of the same, in the ^^'^^
forms Nos. 11 and 12 of the schedule, the plain-

tiflTs note being in red ink, the defendant's in
black, and that suppHed to the plaintiffs in ex-
parte cases in blue ink.

34. In cases where the parties desire that the Arbitration.
matters in difference between them shall be re-
ferred to arbitration, and shall agree upon the

EzecatioiL

£zecatioii»

arbitrator or arbitrators, the Court may issne the
order No. 10 in the schedule, under seal of the
Court, and shall pronounce judgment upon the
award delivered und^ the said arbitratioai order.

ittto^t^*^*'" 35. If the Court shall be satisfied that a de-
jodgmen fendaut against whom a summons has been is-

sued, with a view of obfitruoting or delaying the
execution of any decree that may be passed against
him, is about to leare the juiisdiotioiQ of the
Coiurt, or has diroosed of, or remored his proper*
ty, or any part thereof, from the jurisdiction of
the Court, a warrant may issuci intibe form No. 7
in the schedule, to bring the defendant before
the Courts when, if he fails to give securiiy for
his appearance, the Court may order the said de-
fendant to be conxmitted to custody (see form No.
9 in the schedule) until the decifilon of the sidt
or execution of the decree, (sections 74 to 78»
Act VIII of 1859).

36. The time for issuing warrant on any de-
cree or order, shall be one week after the making^
there(Xf, unless immediate execution shall have
been ordered bv the Court. The term of impri-
sonment shall be such as the Judge shall think
the case demands; not to exceed the term of
three months for amounts not exceeding rupees
50, and in no case to exceed the term of six
months, as by law prescribed (section 278, Act
VIII of 1859).

37. No warrant of execution w commitment
shall be executed after the expiration of one ca-
lendar month firom the date thereof; but a second
and successiye warrants may be issued at the ex-
piration of one calendar month firom the date of
each, on payment of the prescribed costs, by the
party suing out the same ; provided that no war-
rant of execution shall issue upon anxy judgment
or order of the Court, after the expiration of one
year from the date of such judgment or orderv

except by leave of the Court (section 216, Act
yiIIofl869).

38. In cases of claims to property taken un- Onm ciums.
der execution^ the parties shall oe brought be-
fore the Court, by the summons No. 21 and 22

in the schedule. The defendant in the original
suit shall also be brought before the Court oy^a
summons, to give eyidence, if necessary, at the
instance of the Court itself. The Judge will then
decide upon the rights of the parties, and pro«
nounce his decree, which may be enforced under
the forms Nos. 23 and 24 in the schedule.

39. When any claims shall be made to, or in Ctobs cIiuids.
respect of, any goods or chattels taken under the

process of the Court, or in respect of the proceeds
or value thereof, by any person not being the
party against whom such process has issued, the
claimant shall forthwith state to the Court the
particulars of the goods or chattels alleged to be
his property and the summons in the proceedings
to try the right to such property, shall be made re-
turnable on the fifth day after the issuing thereof.

40. Every warrant of execution shall be re- Botum of war-
tumable within one month, and the baUiif, if lie"^**>^®*«^*^<>°-
shall not have executed such warrant, shall re-
turn the same to the Court at the expiration of

that time.

41. The bailiff, and every peon levying, or Peons to pay
receiving any money by virtue of any process =*on©yintou)urt.

issuing out of the Court, shall forthwith, or on
the day after the receipt thereof at the Airthest,
pay the same into Court.

42. No smnmons, notice, or order, or any exe- HoiydAys.
cution on a judgment, or any other process what-
soever, shall be served or executed on Sunday,
Christmas Day, or Good [Friday ; nor shall such

days be oounted in the computotion of the time
required by these rules.

^^^^p^ ^ ^ 43. A receipt or memorandum shall be grant-
tiea? ^^^ od for all sums of money paid into Court by suit-

ors, and no money shaU be paid out of Court to
the party paying it in, unless on production of
the said receipt or memorandum, or by order of
the Court.

Party seeking 44. Noticc of the cxecutiou of any such pro-
p^t^cUet-money. ccss shall be forthwith given to the person at

whose suit it issued, who shall thereupon deposit
Tvith the keeper of the prison, subsistence money
for the remainder of the month in which the war-
rant is executed, and shall continue thereafter to
deposit monthly with the said keeper in advance,
and before the first, subsistence allowance at the
same daily rate, for each month during which
the debtor is liable to be kept in prison at his suit.

If not deposited, 45. If the subsistcncc allowance is not paid
f^^^" *° ^ '**• as above directed, the prisoner shall be entitled

to his discharge (section 278, Act VIII of 1859).

nietmoney to 46. All subsistcncc allowaucc paid to prisoners
be corts. shall be costs in the suit, and all subsistence al-

lowance not paid to the prisoner, shall be return-
ed to the pai-ty who originally paid it in, (section
279, Act VIII of 1859).

New trial 47. No ucw trial shall be granted in the Court

of Small Causes, unless the party desirous thereof
shall apply for the same within one month after
the trial, and unless he shall (when a defendant)
previously pay the debt or damages and costs into
Court. Immediate notice of such application for
a new trial, (in the form No, 13 in the schedule)
shall be given to the other party to the action
(section 12, Act XLII of 1860).

New trial 48. When money has been paid by any party

under any execution or order, if the head clerk
receive notice from such party, of his intention
to apply to the Court to set aside the execution
or order under which the money shall have been

paid, or to grant a new trial, the same shall be
retained iintil such time as such application shall
have been determined on, or until the Court shall
otherwise order.

49- Where one or more of several plaintiffs or Death of par-
defendants dies before judgment, the suit shall ^^^^^°" ^^^"
not abate, if the cause of action survive to or
against such parties (section 99, Act VIII of 1859).

50. Where one or more of several plaintiffs or After judgment.
defendants shall die after judgment, proceedings

thereon may be taken by the survivors or survi-
vor, or against the survivors or survivor (sections
208 and 210, Act VIII of 1859).

51. Where a married woman is sued singly. Married womaxu
and she obtains judgment on the ground of non-
liability, proceedings may be taken thereon in

the name of the wife, at the instance of the hus-
band.

52. Where the plaintiff has become insolvent insolvent plain-
before judgment, the suit may proceed to judg- **®

ment at the instance of the assignee in the name
of the plaintiff (section 106, Act VIII of 1859).

53. No process of any kind shall be set aside Process not to
for irregidarity, but shall be amendable and^^^J^^® ^^
amended at the discretion of the Court, upon
payment of such costs, if any, as the Court may

direct.

54. In cases of proceedings not provided for Judge to issue
by the forms in the schedule, the Judge shall issue ^laSI'fon'^ ^~'
the necessary process applicable to the case,

SECTION III.

PROCEEDINGS ON CRIMINAL TRIALS.

1. The prisoner will be placed in the dock, if introduction of
charged with any non-bailable offence ; if charg- p™^'*®'-
ed with a bailable offence, he may be placed in
front of the dock.

• row!'^*'"''' ""^ ^''' 2. Tlie officiating Registrar shall then place

in the ballot-box, loosely folded, the names of
the jurors received from the Magistrate, each
name being legibly written, at full length, on a
piece of paper measuring three inches by one-
and-a-half mch. The ballot-box shall then be
shut and shaken, and the prisoner or prisoners at
the bar shall be informed by the B/Cgistrar or
interpreter as follows : —

" The jurors, whose names you will now hear
called, are those who are to decide on oath, as to
your being guilty or not guilty of the chaise now
preferred against you. If, therefore, you object
to them, or any of them, you must object to them
on their appearance, and before they are sworn,
and you will be heard,"

du^ollS^^or^^'^ 3. The Registrar shall then draw from the

ballot-box, one by one, the names of jurors, un-
til five jurors imobjected to by the Government
Advocate, or by the prisoner or prisoners, shall
have been drawn from the box. Any objections
wiU be disposed of by the Court summarily, under
section 343, of Act XXV of 1861,

Election of fore- 4. The Registrar shall then say unto the jury,

" gentlemen of the jury, choose your own fore-
man." Having done so, the foreman shall take
his place in the jury-box, and the other jurors
with him ; and the Registrar shall swear the jurors
in the words and manner follovmig, administering
the oath first to the foreman, and thereafter to
each juror individually. " You shall well and
truly try the prisoner at the bar, and a true ver-
dict given according to the evidence, — so help
you God."

jur^ali ^^ 5- The jury having been sworn, the Registrar
er. shall say, " gentlemen of the jury, listen to the

charge now read by me, against the prisoner ;"
• and, " prisoner at the bar, listen to the charge

now read to you, and which will be explained to
you if you desire it." The charge shall then be
read, and, if necessary, explained to the prisoner
in a language which he understands, if he is not
acquainted with the English language. After
the charge has been so read and explained, the
K^istrar shall say unto the prisoner, — " prisoner
at tiie bar, you have now heard the charge against
you explained to you. How do you say, — ^are you
guilty of the offence charged against you, or do
you claim to be tried ?" If the prisoner plead
" Guilty," the provisions of section 362, of Act
XXV of 1861 shall be followed. If he claim to
be tried, the Registrar shall say unto the jurors,
" gentlemen of the jury, you hare heard the pri-
soner claim to be tried ; it is therefore your duty
to hear and consider the evidence, and decide
whether he be guilty or not, and to inform this
Court what your finding is hereon, and by what
majority you so find."

6. The Gk>vemment Advocate or other officer opening of the
officially empowered in that behalf, shall then ^^'"^^*^^***^
open the prosecution to the jury, briefly stating

the chaa^, and the nature of the evidence by
which it is intended to support that charge. The
evidence for the prosecution shall then be taken,
and the witnesses examined, cross-examined, and
re-examined according to law.

7. After the Government Advocate annoimces . Opening of the
the case for the prosecution closed, the advocate

for the defence, if any, or the prisoner in person,
may then address'the Court, and the trial proceed
as prescribed by sections 372 to 376, Act XXV of
1861, and the remainder of the trial in conform-
ity with section 379 of the said Act.

RULES
Concerning the admission and pbactice of
Advocates, in the Court of the Recor-
der AND Court of Small Causes in the
TOWN OF Rangoon.

Preamble. Whereas bv the 16th section of Act XXI of

1863, it is enacted, that no person shall be per-
mitted to appear and act as the advocate of any
suitor, in any Court held under the said Act, in
any action or suit, or touching any^ matter what-
ever, unless such person shall have been previous-
ly licensed by the Recorder of such Court, to act
for the suitors of such Court generally, or espe-
cially for the particular occasion ; and whereas,
it is further enacted by the said 16th section
of the same Act, that it shall be lawful for the
Recorder to make rules for the admission of pro-
per persons to act as advocates in the said Court ;
it is hereby ordered, that the following rules be
established for the admission of persons, other
than those whose right to act as advocates with-
out license, is reserved by the said section.

WHat persons 1. All barristcrs-at-law, or advocates of the
See Lb advocai^ Scotch bar, aU advocates of any High or Supreme

Colonial Court duly authorized by Royal Charter
to admit advocates, and aU certificated pleaders
of the first class, using the English language, of
not less than five years standing, now practising
in the Courts of the British Burma commission
shall be entitled, dejure, to admission to practice
as advocates in the Court of the Recorder and
Court of Small Causes on the proof of their qua-
lification as above, by production of their certi-
ficates, or act of call, should such endence be
, required by the Recorder.

2. Gentlemen desirous of admission as advo- J^^^^^l^ to^'-
cates and not qnaKfied de jure^ as provided in the ^^ ^^ *^
first rule, will be required to submit to the Re-
corder, testimonials of character, from two known
respectable residents of these provinces, or from

other undoubted sources, and the Recorder may
then either pass order for the candidate's admis-
sion as an advocate, or may direct him to be
examined in the manner herein-after described.

3. When gentlemen qualifying under the se-
cond rule are admitted the order for their admis-
sion shall be signed by the Recorder, and all
gentlemen qualifying under either the first or
second rules, shall, on admission, sign the roll of
advocates and have right of seniority according
to their order on the said roll, reserving always
to the Government Advocate the right of prece-
dence, to which he is now entitled by custom, in
virtue of his office.

4. Where, as provided by the latter part of if examination
the second rule, the Recorder shall direct an ap- br^^cteST ^
plicant to be examined, he shall remit the cancH-

date for examination by a committee of the three
senior practising advocates, who shall examine
the applicant in the useful branches of a liberal
educajtton, and in the Law of evidence, the Codes
of Civil and Criminal Procedure, the Penal Code,
and such other authorities as may be convenient.
The examination shall be conducted by written
questions upon each subject, and if the examina-
tion be satisfactory, the senior examiner shall so
report to the Recorder, who shall thereupon direct
the candidate to be admitted ; but if unsatisfac-
tory, the candidate shall have the right of appeal to
the Recorder, whose orders thereon shall be final.

5. And whereas, the 18th section of Act XXI Scale of fees to
of 1863 directs that the fees to be received by all tL R^ct^r. ^^^
advocates shall at all times be subject to the con-

trol and taxation of the Eecorder, it is ordered
that the scale of fees for the remuneration of
pleaders heretofore set forth hy authority, in the
520th section of the Pegu Civil Code, and the
general rules in respect thereof set forth in the
521st, 522nd, 523rd, 524th, 525th, 526th, 527th,
528th, and 529th sections of the said Code,
shall he in force for the present and until further
orders in respect of advocates of the Court of the
Proviso. Recorder. Provided always, that in taxation of

costs, it shall he competent to the Recorder to
allow costs JFor extra attendances, special opposed
. notice, and postponements, in no case exceeding
two gold mohurs, for each such case, wherein it
shall appear to the Court, in its discretion, that
such extraordinary fee should be allowed, and on
an order for such fee being placed on the record.

6. All persons now on the rolls of the Courts
of the British Burma commission as certificated
pleaders, are entitled de jure, to admission as ad-
vocates in the Court of Small Causes, established
by Act XXI of 1863.

in^foi^adlSion ^* ^^ pcrsous hereafter seeking to be admit-
lut advocate. tcd as advocatcs in the Court of Small Causes will

be required to submit with their petition for ad-
mission, a certificate from some advocate, that
such applicant has, for the space of not less than
one year been regularly employed in the office of
such advocate in the study of the law, and active
details of practice ; or a certificate from some first \
class certificated pleader of the commission Courts
that such applicant has been employed in his
office for a space of not less than three years, in
the manner before expressed ; and shall submit
with such application and certificate testimonials
of character, signed by two known respectable in-
habitants of these provinces. Should these be
satisfactory, a day will be appointed for the ex-
amination of the candidate, by a conunittee of

three practising advocates chosen in rotation ac-
cording to seniority, who will examine the appK-
cant in the Code of Criminal and Civil Procedure,
the Rules of practice, the Penal Code, and the
Law of evidence, and report the result to the Re-
gistrar or Judge of the Court of Small Causes. If
the report be favorable, the applicant will be at
once admitted an advocate in the Court of Small
Causes and his name placed on the list which
vrSl be suspended in each Court. If unsatisfacto-
ry, the applicant may appeal to the Recorder who
may make such order thereon as shall be neces-
sa^5^

8. The order of admission for advocates in the rion'^bV'^ w£)m
Court of Small Causes will be made by the Re- made,
corder. Persons thus admitted, shall be entitled

on filing in Court in each case their written power
or deputation, to appear, plead, and act for and
on behalf of suitors, in the Courts of Small Causes
at Rangoon either alone, or with an advocate of
the Recorder's Court ; but shall not be admitted
to plead, or argue their cKents cases, in the Court
of the Recorder.

9. Fees amounting to one-half those allowed f^.,^^'^'^"^^^"^" ""^
in taxation to advocates of the Recorder's Court

shall be allowed in taxation to advocates in the
Court of Small Causes and be recoveral^le as costs
in the case, from the party against whom costs
may be awarded.

10. It shall be competent to any advocate of
the Court of Small Causes admitted under these
rules, to apply to the Recorder, after such person
has attained three years standing, to admit him
to the grade of advocate of the Recorder's Court,

84
IN THE COURT OF THE RECORDER

OE RANGOON.

NOTIFICATION NO. 2.

Rules for the service and execution of the pro-
cesses of the Court of the Recorder of Rangoon,
and Coifrt of Small Causes, and table of fees to
be allowed to the persons employed in such ser-
vice or execution ; made and issued by the Re-
corder, and sanctioned by the Chief Commissioner,
under the provisions of Act XXI of 1863, sec-
tion 19.

I. The bailiff is charged with and is respon-
sible for the due service and execution of all
processes. He vnll maintain an establishment of
6 peons at 10 Rs. a month each, who will be paid
by him out of the fund produced by the fees
levied according to the table given below, and
submit on the first Court day of each month an
account to the Registrar shewing the amount of
fees received by him in each month, from which
will *be deducted the pay of the peons and the
balance be paid over to the treasury on the said
day, to be dealt with agreeably to the provisions
of the peons Act No. XI of 1863, section 7.

II. The bailiff shall note upon every process
which he receives firom the head clerk, the date
and hour of its receipt, the date and hour at
which it was sent out for service or execution,
and the date and hour at which it was returned,
served or executed or unserved or unexecuted into
the bailiff's office.

III. The following ia the table of fees refer-
red to in the first rule.

IN THE COURT OP THE RECORDER.

For the service of any siunraons,

injunction, notice or order 1 rupee.

Extra copies where more parties

than one are to he »rved 4 as. each.

For tiie service of each suhpcena ...8 annas.
For %)ie execution of any warrant

of attachment or sale 2 rupees.

Each peon in possession or charge, ♦

per day 6 annas.

IN THE COURT OF SMALL CAUSES.

For service of summons 8 annas.

Each extra copy -2 annas.

For service of each suhpoena 6 annas.

For execution of warrant 1 rupee.

Where hoat hire is required for proceeding
down the river an allowance of five (6) rupees per
diem will he sanctioned.

IN THE COURT OF THE RECOEDER

OF RANGOON.

NOTIFICATION NO. 4.

Dated 5th January 1864.

In pursuance of the 5th clause of the general
rules and orders for the Court of the Recorder,
sworn translators in the languages specified he-
low have heen appointed and are hereby Kcensed to
act. Fees for traiislations verified by sworn trans-
lators to be charged at the rate of one rupee for
seventy-two words. ,

Two in Burmese.
One in Tamil.
One in Armenian.

IX THE COUIIT OE THE RECORDER

OF RANGOON.

NOTIFICATION NO. 9 OF 1864

Darted 24th October 1864.

Eor the better ordering of the business of the
Court, it is hereby notified that, the following
rules of ^practice, adopted from the rules of the
High Court in Calcutta will be in force fipom the
31st instant.

I. Each case set down on the file for hearing
shall be called in its turn and then heard, unless
the Court shall otherwise order.

II. If neither party shall appear when duly
called in Court, the suit shall be dismissed or the
plaintiff non-suited ; but without costs.

III. If the Plaintiff shall appear, and the de-
fendant shall not appear, or not be ready, the
cause shall be called and heard in the usual wav ;
unless on the application of the defendant, and
on such terms as to costs as may seem just to the
Court, the hearing shall be allowed to be adjourn-
ed or postponed.

IV. If, when the cause is called in its turn,
the plaintiff shall not appear, or shall not be
ready to proceed, and the defendant shall appear,
the plaintiff shall be non-suited, unless the Court
on the^application of plaintiff and on payment of
the day's costs (if ordered) shall think fit to give
further time for the hearing of the case.

V. Provided always, that if within seven days
after such judgment of non-suit shall have been
given, the Plaintiff shall appear and shew to the
Court sufficient cause for his previous non-ap-
pearance, the Court may order such non-suit to
to be set aside on such terms as to costs and
otherwise as to the Court shall seem fit.

VI. In cases in which the Court sliall call for
written statements, the parties shall deliver into
Court such statements four clear days before the
day of hearing, and if such statements shall not
be delivered within the period limited, the hear-
ing of the suit shaU be adjourned.

VII. If one of the parties shaU fail to deliver
liis written statement within the period limited,
he shall pay the costs occasioned by the Hdjourn-
ment, unless the Court shall otherwise specially
direct. But if both parties shaU fail to deliver
their written statements within the period limit-
ed, the costs of such adjournment shall be costs
in the cause, unless the Court shall otherwise
order.

VIII. Each party after delivering in his own
written statement shall be entitled to receive
from the opposite party, a copy of such opposite
party's written statament.

RULES POR THE REGISTRY OF DEEDS
IN THE PROVINCE OP PEGU.

Passed by the Commissionee and Agent to the
Governor General on the 10th August
1861, and made applicable to the province
ofBbitish Burma, vide Chief Commissioner's
Circular No. 117, dated 1st July 1865.

1. An office for the Registry of deeds shall be offices for the
established at every town in the province, where wSJretobecstab-
there is stationed a Deputy Commissioner, As-ii«ii<^
sistant or extra Assistant Commissioner.

2. The Assistant or Extra Assistant Commis- , whatofficers to

• A V i -n .«i • i i XI • DO appointed Ke-

sioner at each town will officiate at their respec- gietrars.
tive stations as Registrars of deeds.

Note. — ^Thc rate for copying proceedings sanctioned by the Court,
is one rupee per page of 24 lines.

What de^ to 3_ q^Q registrar is authorized and required
ben^^te^d. ^^ ^^^^^^ ^n ^^^^ i^gtrumeiits and writings

of every description, which may be brought to
him for that purpose, provided they are written
either in the English 03 Burmese language, and
provided they do not contain any thing repugnant
to positive law or morality.

rcjstel^ imi^ *' ^^ ^®^» instnmient or writing of any kind
drawn up on the to be registered, unless drawn up on paper bear-
prescribed stamp. ^^ ^^^ g^amj) prescribed for it by any law that

may at the time be in force.

do^ \dSt^uiM ^' Whenever any person may be desirous of
to be observed, procuring any deed to be registered, he shall at-
tend either in person, or by an authorized repre-
sentative, at the office of the Registrar, with the
original deed, and an exact copy of it, which copy
may be on plain paper, attested by one at lest of
the parties to the instnmient, and by one of the
witnesses to the execution of it. The Registrar,
after having satisfied himself as to the identify of
the person registering in person, or ascertained
the due attestation and validity of the mooktama-
mah, if by attorney, after comparing the original
with the copy (all transcripts in which interpola-
tions, interlineations or erasuras may be apparent
to be rejected) above required to be furnished,
will spccity,' without loss of time, on the back of
the latter, the date and hour of the day on which
it was presented for the purpose of being regis-
tered. He will then cause it to be filed accord-
ing to the order of time in which it may have
been received, and enter it in the register book
according to the same order, certifying in the
same book the day and hour in which the entry
was completed and inspected by him.

be^J^Sild^^^ ^' ^^ completion of the entry in the manner
A certificate en- abovc Stated, the registrar shall retiuTi the origi-
doraod thereon, j^^l dccd to the pcrsou from whom it may have

been rccei^ ed, \\dth a certificate, under his signa-

tuFCi endorsed on the deed, specifying the data
and hour of the day in which it was registered
and the number of the page on which it is entered
in the register book.

7. The entry in the register book shall in all Entry in re-
practicable cases be made at the time of endorsing S^ ^^^ ^ ^
the copy required to be furnished ; but the inser-
tion of it shall on no account be postponed beyond

the day in which the endorsement may be made.

8, Deeds may . be registered in any registry Course of pro-
office, whether such office be in the district where oJa^*^^^"*^
the property, or any part thereof, to which such

deeds relate is situat^ or not ; provided always,
that when the re^try office in which a deed is
registered is in a district in which the whole of
the property to which such deed relates is not
situated, it shall be the duty of the Registrar of
the said office to forward to the office of the dis-
trict or districts, in which the whole or any part
of such property is situated, a copy of the deed
as registered and endorsed in his office, the same
copies to be furnished and attested as described
in para, 6 ; and the Registrar of any office receiv-
ing such copy so furnished, shall clearly register
the same as if it had been presented to him in
the first instance by the party registering it.

9. For every copy required for transmission Fee for copy
to any office as aforesaid, the party registering transmitted.
shall pay the usual fee and postage, and the re-
gistrar receiving the fee, shall duly account for

it to the several Registrars to whose offices copies
may be transmitted for registry.

10. The Registrar shall, on application being Dutiea of Re-
made to him, ^ow all persons to inspect the re- s>«*™'*
gister books as well as grant copies of all deeds

and other writings registered by him, to persons
whom they may concern, and in the event of its
being proved that the originals have been lost or

destroyed, or that from some other good and 8uf«
ficient reason they cannot be produced, then such
shall be received as sufficient evidence of such
deeds or writings, on proof being made by the
subscribing witnesses to the original^deed or writ-
ing that the original was duly executed.

Copies of doedi H. Copics of dccds required from the office
w to be stamp- ^^ ^ Registrar of deeds must be written on a

stamp of the same value as the original deed.

Description of 12. The following distinct registers shall be
ke^*°" ^ ^ kept in each office : —

J. — ^Deeds of sale, gift, and permanent convey-
ances of immovable property.

2. — Deeds of mortgage, lease, and all temporary
conveyances or assignments of immovable
property, and certificates of release thereof.

8. — ^Bills of exchange, promissory notes, bonds,
and other obligations for the payment of
money, and generally agreements, contracts,
and undertakings of every description, not
connected with immovable property.

4. — ^WiUs, marriage settlements, and the like.
These registers shall be respectively dis-
tinguished as follows : —

1. — Permanent conveyance register.

2.-Temporary conveyance register.

3. — General register.

4. — Register of wills.

Kegistershowto 13. Register books to be made of English pa-
bemade and kept, p^^^ carcfidly bound, and each species of deed

entered in its appropriate register, every leaf of
which must be paged and attested by the Regis*
trar, who will note in his own handwriting on

the last page of each book, the number of pages
contained in it, and attest the note with his offi-
cial signature* No register shall be deemed au-
thentic, excepting such as shall be so paged and
attested^

14* Indices to the register books to be kept Annual indicei
up as per Forms Nos. 1 and 2, annexed, each of *^ ^ ^®p* ''P-
these indices will terminate with the year. To
each a separate book, made of English paper,
paged, and carefully bound as prescribed in the
preceding section, must be assigned, and for the
entries under each letter, one or more leaves must
be set apart. The entries should be made at the
time of registration, with the utmost accuracy,
and the order of the EngUsh alphabet adopted.

15, Register books and indices to be submit- '^^en register
ted annually on or before the 15th January, to ^biS" ^ ^
the Deputy Commissioner or other officer in

charge of the district Court, who will counter-
sign the same; and certify at the same time
whether they have been kept up for the period
under review in strict conformity with these re-
gulations, or otherwise.

16. Registrars shall be allowed a fee of two Fees.
rupees for every deed registered by them, to be
paid by the party causing the same to be regis-
tered, and no more. A fee of one rupee for every
copy furnished of a deed registered by him, to be
paid by the party applying for such copy, and no
more. A fee of half a rupee for every search
made on an inspection of the register, to be paid

by the party inspecting the same, and no more.
The Registrar is authorized to refuse to perform
the official acts required from him until these
fees be paid, and from such fees he shall provide
the necessary officers, to make the entries and
iK>pie8 directed, as well as the requisite stationery.

9£

giato^d^'"* 17. From and after the 1st Janrauy 1862,

every deed of sale or gift of lands, houses, or other
immovable property a memorial of which has
been or shall be duly registered according to these
rules, shall, provided its authenticity be establish-
ed to the satisfaction of the Court, invalidate any
other deed or gift of the same property which
may not have been registered, and whether such
second or other deed shall have been executed
prior or subsequent to the registered deed ; and
from the said day every deed of mortgage on
land, houses, and other immovable property, as
well as of the discharge of such incumbrances, a
memorial of which has been or shall be duly re-
gistered according to law, and provided its au-
thenticity be established to the satisfaction of the
Court, shall be satisfied in preference to any other
mortgage on the same property, which may not
have been registered, and whether such second or
other mortgage shall have been executed prior or
subsequent to the registered mortgage. This sec-
tion shall not apply to immovable property with*
in the town and suburbs of Rangoon, all trans-
fers of which are required to be registered by the
Deputy Registrar of transfers of town lots, ajid
such registration only will be valid according to
the rules in force for the grant of town and su-
burban allotments in Rangoon,

P^
}^

PC4
O

•

Temporary convey-
ance register.

Deeds of m6rtgage
on land, &c.

Vol. Page.

•

Permanent convey-
ance register.

Vol. Page.

Specification of
property.

•

Circle.

Towiislup in wliich pro-
perty is situated.

W
ft

[

•

Vol. Page.

•

Greneral register.

•

■

•

Temporary con-
veyance regis-
ter.

•

8 -a

i.sl

•

W{% JO 9UWJJI

'!^n908dp JO ^i^JJQ
tfBadojn^ JO si Snuai^siSoj a^vq
Gi{(^ naqAL dn paijy eq !^on poox

Karnes of persons

'vxr v% r% tfk^r«k.nii4>.«v<^

RULES
Begabdikg^ mobtgages in Pegu made applic-
able TO THE* PROVINCE OP BRITISH BURMA

BY THE Chief Commissioner and Agent to
THE Governor General, by his Circular
No. 117 of the IsiT July 1865.

Hxtract from the Judgment of the Rangoon Judi-
cial Deputy Commissioner^ 8 Gourty in regular
suit No. 555 ©/"ISSO, laying down genei*al rules
regarding suits for foreclosure of mortgages in
Pegu.

This, therefore, the Court will adopt as the
law regulating the present and all future cases
bought for foreclosure of a mortgage, viz : —

1st. The mortgagee under a conditional bill
of sale may apply to the Court at any time after
the stipulated period for the payment of the debt
has expired, to call upon the mortgager to pay
into Court the principal, interest and costs, and
to give him notice that failing therein the mort-
gage will be foreclosed.

2nd. On receiving such an application the
Court will give a fair and reasonable time to the
mortgager to discharge the debt with interest
and costs, and on his failing to do so, the Court
wiU, on the expiration of the period it has allow-
ed the mortgager, declare the mortgage foreclos-
ed, and the sale of the property to the mortgagee
made absolute. It will rest with the Court to
determine in every case what is a fair and rea-
sonable time to allow for the discharge of the
debt. This is more equitable and convenient
than to fix one invariable term for all cases. It
is manifest that what might be only a fair and
reasonable time to allow to pay off a mortgage on
a property worth a lakh of rupees, would be a
disproportionate and quite unnecessarily long pe-*

nod in the case of a bamboo hut standing on ft
thousand square feet of swamp. Six months^
however, is the mfl-YiTnuTn time which the Court
will ever allow under any circumstances what-
ever, for the payment of the mortgage debt.

3rd. The same principle of law shalj be appli-
ed to cases when a mortgagee holds a power to
sell, instead of a conditional bill of sale to him-
self ; that is to say, the mortgagee may apply to
the Court to call on the mortgager to discharge
his debt, and on his failing to do so, within a rea-
sonable time, to be fixed by the Court, the Court
will order the estate to be sold. The Court .will
not uphold the validity of any private sale by the
mortgagee without the intervention of the Court,
notwithstanding any clause in the mortgage bond
conveying that power, unless at the time of, or
immediately before the sale, the mortgager ex-
pressly gives his consent in writing to such private
sale.

4th. It is necessary also to note here, that,
agreeably to section No. XV* of the rules for the
Revenue administration of the Province of Bri-
tish Burma, " mortgagees, for the foreclosure of
whose mortgages no period has been fixed, and
who have held unchallenged possession of the
land for twelve years and more, shall have the
right of owners to such land : " — that is to say,
that where mortgagees have been in undisturbed
possession for twelve years and upwards, the
equity of redemption is forever lost to the mort-
gager. A verv important rule, which it is desir-
able thus publicly to bring forwani and direct
attention to ; as I greatly doubt if it is at all ge-
nerally known.

The above ruling was confirmed by the Pegu
Commissioner's Court in appeal case No. 6 of the
4th quarter of 1859.

♦ Note.— Rttl(9 XVII of preMiit mleii

ANNUAL STATEMENT OF UNCLAIMED
PROPERTY OF PERSONS DYING - >

INTESTATE.

Every officer in charge of a district will furnish
annually a statement of unclaimed property, of
persons dying intestate, made up for the calendar
year in the form annexed. Minute details of the
description of property is not required, but mere-
ly a general description imder the four principal
heads noted. A detailed inventory must how-
ever be carefuUy kept either by the baiUflf or re-
cord keeper of each Deputy Commissioner's Court,

F0B.M.

General statement of unclaimed proper tp of per*
sons dying mteatate m the Fegu division of the
province of British JBv/rma for the year 186 —

Name.

Date of Pro-
clamation.

Property.

Estimated value.

Bemarka.

1 Cash,

2 Jewels,

8 Clothes,

4 MiBcella-
neoUB, as
pots, pipes

1E7

2
1

Total Bs. thirteen A annas four, 13

I do hereby certify that the period prescribed
by law has expired, and the requisite advertise-
ments have been issued.

date

(Sd.) E. B.
Deputy Commissioner,

• 98-
RULES

Op PKACTICB OP THE DISTEICT CorET OP RaKGOON
EXTENDED TO ALL DISTEICT CoUETS OP BeITISH

BuEMA, VIDE Chiep Commis8ioneb:^s Cieculae
No. 117, dated Rangoon Ist July 1865.

On estates in 1. Whereos it is necessaxy that the Court
^e h^ds^of ^the gj^^^^ ^f^ regular intervals be made acquainted
Oour^^ted 15th ^th the state of all the estates in the hands
^ ' of the bailiff of the Court in his character of
official assignee, receiver, and manager. It is
ordered that on the second Saturday of January,
April, July, and October of each year, the bailiff
file an account of each of the insolvent and in-
testate estates imder his charge with vouchers in
support of those accounts. The accounts to be
ntiade up to the close of the previous quarter, and
to include the commission of 5 per cent allowed
to the bailiff.

Proceeds of 2. The Govemmeut auctioneer must pay into
jSd by the Govt the trcasury the proceeds of sale of movable pro-
S^M^'i»6o^ perty on the first Court day after the sale.

• ^be^owS, ^' -^ *^® expenses of procuring copies of
dated 11th June documcnts are included in the costs of suit, the
^®^- Court fixes the following rates as those which it

will allow in fixing the rafioimt of costs.

Copies per foolscap page of 25 lines . . . Rs. 1
Translations do. do ,» 2

All fractional parts of pages to count as a full
page.

Commission ai- 4. The commission to be allowed from this
IS^nwp dTtod ^^ *^ *^® Government auctioneer will be 5 per
7th July 1861. ccut ou the procecds of sale up to rupees 10,000,

and 1 per cent above that amount, to include
every expense of every description.

»9

5. The order prohibiting any pers6n from re- ^^^J^^^
moving any records from the Court without the ooida; d«fcedairt
leave in toritinff of the Judge appKes equally to ^^ *®^
the record keeper and every other officer of the

Court.

6. The law requires that every plaint shall be ^ Pi*pt» K^.*?
written on one stamp paper of the prescribed 7th NoTembe*
value, and that if this is not sufficient to contain 1®^

the entire subject matter of the plaint, one or
more additional pieces of paper may be used of
the value required for petitions.

According to this rule it is not lawful to write
a plaint upon several sheets of stamped paper
whose aggregate value amounts to the value of
the stamp prescribed-

This may be done in the case of deeds, instru-
ments or writings, but is not allowable in the case
of plaints.

In future therefore, this Court will reject any
plaint which is written on more sheets than one
of stamped paper, purchased after this date, unless
the first sheet bears the full stamp prescribed for
the plaint and the supplementary sheets bear each
an eight anna stamp.

7. The Court lays down the following rules in Procedure n-
amplification and explanation of section 270 of^^r*a^!S^

Act VIII of 1859. ment of proDerty

and dispOBal of

1. Where two or more applications for attach- TP?^}Jt^^

M • J • X i i_ ^^ 1 •!• dated 15Ui No-

ment are made agamst the same property, if any vember i860,
one of these applications is preferred in any Court
one day before the others, such application will
be entitled to priority, and the party making such
application will be entitled to be first paid out of
the proceeds of the property attached, notwith*
standing a subsequent attachment of the same
property in execution of a prior decree, and not*
withstanding the said property may be actually
attached by the same or 9ome other CQurt on the

100

[ subsequent application of some other party before

the attachment under the first application is act
tually made.

2. When two or more applications are made
on the same day, whether in the same or in dif-
ferent Courts, they shall be all considered contem-
poraneous, and entitled to share rateably on the
proceeds of the property attached, without refer-
ence to the date of decree, or to the date of the
attaclmient being actually made pursuant to such j
application. Provided, in both the above cases,
that if any delay which occurs in making the at-
tachment is solely owing to any laches on the
part of the applicant for such attachments, then
the number of days during which such laches may
have continued shall be added on to the date of
the original application, and the original applica-
tion shall be falcated as haTing been made on the
last of the days so added.

Por example — ^A. applies on the 1st November
for a general attachment on the movable proper-
ty of B. to be pointed out by the said A., the Court
orders a warrant to issue accordingly, which is
done on the same day. A. does not tietke any steps
to have the warrant served on the property point-
ed out to the bailiff till the 10th November. Then
in the distribution of assets if there are more at-
tachments than one on B*s property, A's applica-
tion will be dealt with as though it had been made
on the 10th November and not on the 1st.

R^jediire re- g. Whcrcas it is expedient to make rules for
StoSwi^'mo re the attachment of property which has been al-
1^ November ^^^7 attached on the application of some other
I860. party, either in the same or a different Court, It

is ordered as follows : —

1. Any person may apply for a warrant af
attachment upon any property in execution of £t
decree although sucn property has been already |
.«ftttac^ed by some other person^

101

2. In such case the bailiff shall make the se<*
oond and all subsequent attachments by deliver-
ing a copy of the subsequent warrant to the clerk
of the Court from which the first attachment
issued, to file on the record of the case in which
the order for such attachment was passed.

Before delivering the copy to the clerk of the
Court, the bailiff shall endorse upon it according
to the following form : —

15th November 1860.

Delivered to the clerk of the Court to serve

by filing with Mis. Case No. 100 of 1860, A. B.
vs. B. C.

XY. Bailiff.

The bailiff will return the original warrant with
a report of service endorsed according to the fol*
lowing form : —

15th November 1860.

Certified that the within described property
having been already attached

"y {^ 1 Court

on the 10th instant in Mis. Case No. 100 of 1860,
A.B. vs. B.C. I have served the within warrant
by delivering a copy thereof to the clerk

to file with tiie said Case as appears by his receipt

aboye.

XT. Bailiff.

15th November 1860,

Beceiyed from the bailiff a copy of the within
warrant which I haye filed with Mis. Case No.
100 of 1860, A. B. vs. B. C.

YZ. Clerk of the Court.

102

Evidence of
parties appearing
as witnesses on
their own behxd^
dated 14th Janu-
ary 1861.

Bates of ^olu-
bana and allow-
ance to Aine^ps
in the subordi-
nate Courts, dated
19th March 1861.

9. The Court directs tltat in future in all cases
in which the parties to a suit name themselves as
witnesses in their own behalf, they shall file a de-
claration on unstamped paper containing the tes-
timony they desire to give, which will be filed on
the record as evidence, and will be read out, and
the opposite party allowed to cross-examine there-
on. This is in conformity with section 169 of
Act VIII of 1859, and will save the useless waste
of time which results from the judge being oblig-
ed to take down the evidence as delivered orally.

10. The following rules are laid down for the
tulubanah to peons and allowances to Ameens em-
ployed in the subordinate Courts.

These rates are never to be exceeded.

TULUBANA.

Per Diem.

•

Peon hire.

Boat hire.

. Total.

Sj land,

Bj water,

6 as.

8 as.

Gas.
14 as.

Ten English miles or five taings to be calcu-
lated as one day's journey, time to be allowed at
this rate to go to and return from the village, and
one day extra for finding the party and serving
the process.

For example a summons has to be served at a
village 26 miles distant from the Court, TYiftVing
there and back 60 miles, for this 6 days will be
allowed and 1 more for serving the sunmions^
total 6 days.

ALLOWANCE TO AHEENS.

The time calculated as for tulubana 1 day be-
ing allowed in this case for surveving the land
and making plan, as in the other for finding the
party and serving the process.

103

11. Whereas it appears that the rate of allow- Aj^"°^t^
ance to Ameens, fixed by the order of the 19th i4th n^ i8<>i.
March, is not sufficient, the following rate is sub-
stituted : — ■

Per Diem.

Bjlma.

By water.

Surveyor.JBoat hire.j Total.

Ameens who can-"\
not survey with /
compass andC
chains. ;

Aneens who cani
Buryey with f

B>.
1

A.
0

P.
0

Bs.
1

1
1

Ba.
2

A.
4

P.
0

Ko charges in addition to this are to be made
for cooly hare for carrying compass and chains or
on any other accoxint.

12. The fees to be paid to the sheriff of Cal- ri|'^''c*^"ttt
cutta, for executing processes of this Court, will dated 26th*Jime
be according to the scale laid down in C. O. S. D. ^^ei.
No. 188 of 7th October 1852, as follows :—

Namm of Fbocebs.

Warrant of attachment,

Against effects,

Kotices,

froclamationa,

Subpoena,

Warrants of arrest against person,...
Wammts for apprehension of a witness,
Warranta for security to be furnished by

104

PROCEEDINGS OF ARBITKATORS.

ticJ'^1o''r u^e ^' ^^*^ *^^^ partieR shall have notice of the
better reguUtion tunc and pla-ce of meeting of the arbitratorB, and

to arbitrl^tio? ^*^ *^® parties shall have a right to be present,
dated 18th July either in person or by a pleader, or authorized agent
^^^' at every sitting of the arbitrators. If either of

the parties fail to appear after due notice, the
arbitrators may proceed in the manner directed,
in the Code for default of parties*

2. The arbitrators shall make notes of their
proceedings at each sitting, with a summary of
the exan^iination of the parties and the deposi-
tions of the witnesses.

3. These notes may be written in any lan-
guage the arbitrators please. They need not be
translated, unless either of the parties move to
set aside the award, or to reduce the fees charged
by the arbitrators, in which case if the notes are
in any other language than English or Bur-
mese, and the Court requires to refer to them, it
will order them to be translated into one or other
of those languages, at the cost, in the first in-
stance, of the party objecting, and chargeable
afterwards as costs of suit.

4. The arbitrators may examine the parties
or their witnesses, with or without oath, as they
deeni fit, and are authcmzed to administer oatlm
accordingly.

5. If the arbitrators reject any documentary
evidence tendered by dther party, or refuse to
examine any witness, named by either party,
they shall note the fact, and the reason of suoli
rejection or refusal, upon their proceedings.

6. The mode of conducting an arbitration,
subject to the above general rules, is left to the
arbitrators.

105

2nd. — UMPIRE.

7. When an umpire is appointed, it is not
necessary that he should sit with the arbitrators,
if he does so, he will not be entitled to any fees
for such sittings. The duties of the umpire only ,
commence after the arbitrators have referred the
ease to Mm, on their being unable to agree be-
tween themselves to an award. The arbitrators*
fimctions are then at an end, and the umpire will
proceed with the case alone.

8. An umpire may make his award on the
notes of the arbitrators, if no objection be taken
by the parties, but if either party expressly re-
quests the umpire either to rehear evidence al-
ready given before the arbitrators, or to examine
new witnesses, the umpire must do so, and if he
refuses, his refusal will be a sufficient cause for
the Coiirt to set aside his award.

3eD. — ^AWAED.

- 9. The arbitrators must take care by their
award, either in terms or in eflfect, to decide upon
all matters of claim that are referred to them, and
must not, because a claim has been admitted be-
fore them, or because the parties have not wished
or even requested them to arbitrate on the sub-
ject, omit to notice or include it in the award.

10. The award must be certain^ clear, decisive,
and final.

11. The Court may enlarge the time for mak-
ing an award, notwithstanding the time for mak-
ing it has expired, provided the delay is explained
to the Court's satisfaction.

4th. — SETTING ASIDE THE AWAED.

12. If either party intends to rftisc any objec-
tion as to the mode in which the arbitrators have
conducted any part of their proceedings, with a
view to set aside their award, he must give notice
at the time that he intends to rely on such objce-

106

tion, and the arbitrators shall enter such notice
on their proceedings.

13. The Court will not enter into the correct-
ness of the arbitrators' law, upon the mere sug-
gestion of mistake, so long as they have acted
within their jurisdiction. The objection must ap-
pear on the face of the award. But if it can be
shewn that the arbitrators have acted vntlwut
jmnsdictiony the Court will send the award back to
them for reconsideration, and, in the event of
their refusing to amend it, will set it aside as null
and void.

14. As to what misconduct of an arbitrator
may induce a Court to set aside his award, it
must be of such a nature as probably to have af-
fected the decision of the merits and justice of
the case. Where an arbitrator questioned a vat-
ness and received statements from him in the ab-
sence, and without the consent of, one party to
the reference, this has been held to be miscon-
duct sufficient to justify the Court in setting the
award aside, so also where the arbitrators held
private meetings with one of the parties, and ad-
mitted him to be heard, to induce an alteration
in the award.

5th.— COSTS.

15. The fee of an arbitrator is fixed at twice
the rate of the allowance to a witness of the
same class as the arbitrator, for each sitting, an
ordinary sitting is expected to last three hours.

16. The arbitrators will note at foot of their
award the number of sittings they have held,
and the amount of the fees they claim. The
Court will tax the costs of arbitration and reduce
the arbitrators' fees if it is of opinion that the
sittings have been unnecessarily niunerous, or
that the proceedings have been needlessly pro-
tracted.

107

17. The Court will previously to the refer-
ence to arbitration, require the parties to deposit
in Court such sum as it may consider reasonable
on account of the probable costs of arbitration,
and will from time to time, on cause appearing,
require the deposit of a further sum on the same
account. In the event of such payment not be-
ing made by the time fixed, the Court will pro-
ceed to levy the same in the manner prescribed
for execution of decrees, or will treat it as a default
and act accordingly.

14. When property is sold in execution of a , Property sold

, •/» n At iii^ui execution and

decree in favor of more than one person, the (io- purchasod by one
vemment auctioneer will only accept, in lieu ^^ SLree^^id'ris*
payment, a receipt signed by all the joint decree dated 3rd au'
holders. «^ ^^^^•

If one of several joint decree holders purchase
property sold in execution of their decree he must
pay cash for it the same as any third party unless
he is specially authorized or, as in the case of a
member of a mercantile firm, he has power to
to sign for all the decree holders ; or unless he is
a bon& fide mortgagee of the property sold.

15. Exhibits maybe written on several sheets ^^^^^L®*^^
of stamped paper so that they amount to the full ^^^^ requini^
value, but no blank stamp paper can be attached g^^^^l^e^
to make up the value. ^ ™

Every law paper which requires a stamp must
be written on a stamp paper of the full value pre-
scribed for it, and no blank sheets or extra sheets
of stamp paper can be allowed to be annexed to
it to make up the value.

This does not apply to exhibits the originals of
which may be written on one or more stamp
papers, if the value of the stamps used amount
to the value required by the schedule. But blank
stamp papers cannot be allowed to be attached
to exhibits to make up their value, If the ori-

108

ginals arc on unstamped paper the penalty must
be paid in cash.

counte h^'^to b^ 16. Clause 3, section 26 of Act VIII of 1859

Tted^oth^^sT*' ^^^^^^^^ ^^^^ ^^ ^11 ®^*® f^^ *^^® price of goods
tember 1861. ^ dcUvcred ou suits ou au account, the account shall

be set out at foot of the plaint.

The present practice of attaching a number of
bills to the plaint and merely referring to them
on the plaint is not a sufficient compliance with
the law.

A bill or aqpount is not an exhibit, it is merely
a tm^itten statement of the particulars of plaintifFs
demand, and such particulars must be entered on
the plaint itself. The Court therefore henceforth
will reject any plaint which does not contain in
itself B, full account of the particiQars of plaintiflTs
demand.

and whon^iuiotr^ 17. Thc Certificated pleaders are permitted to
to take i^ote«» take uotcs fpom the record of a case in which they
tember 1861. ^ are engaged, during the time such case is actual-
ly pending, on plain paper, but after the case has
been decided or struck off the file as disposed of,
they can only be allowed to have copies on stamp-
ed paper. The same applies to the parties to a
suit.

Pete to be paid ig. It haviug comc to the knowledge of thc
isBuee ^dTted^Tth Court that the Clerk of the Court is in the habit
September 1861. of issuiug proccsscs bcforc the fees for the same

have been paid to him, and of receiving the same

afterwards : —

It is ordered, that the above practice be im-
mediately discontinued henceforth, every person
whether a pleader of the Court, or otherwise, must
pay into Court the costs of service, allowance to
witnesses, jurymen and arbitrators, before thc
process is issued, agreeably to sections 23 and 151
of the Civil Code Act VIII of 1859, failing therc^

109

in the clerk of the Court is strictly prohibited
from .issuing the process, and the party will bo
liable for the consequence of his default.

RULES

FOB ALIiOWANCE TO WITNESSES.

The Judge must in each case direct what num- Number of wit-
her of witnesses shall be allowed on taxation of S^ ^^ ^ ^^
costs between party and party. Their allowance
for attendance must in no case exceed the highest
rate of t^e allowances mentioned in the following
schedule : —

1st class. — ^European merchants, bankers, cap- ^i«* class,
tahis of merchant vessels and professional men,
per diem, from rupees 5 to 10.

2nd class. — ^Mates of merchant vessels, assist- Second class,
ants to merchants, auctioneers, accountants, clerks,
European shopkeepers, European artizans, native
merchants, and native commissioned officers of
the army, per diem, from rupees 2 to 6.

3rd class. — ^Native artizans and journeymen. Third class.
per diem, from 12 annas to 2 rupees.

4th class. — Sawyers, coolies, &c. per diem, from Fourth class.
4 annas to 8 annas. -

Officers and others in paid Government employ Government
wiU receive aUowance at rates corresponding with ''^^^''^
those of the above-named classes, according to
their station in life.

The costs to witnesses, whether they have been Traveii^ ex-

• ji j_ • It. J* J* i» j-t- penses of nrst ana

exammed or not, may m the discretion of the Second classes.

Judge be allowed; travelling expenses for the

1st and 2nd classes, the sum reasonably paid, but

not more than four annas a mile coming to, and

four annas a mile returning from, the place of

trial.

Witnesses of the 3rd and 4th classes to be paid ^^^ il^^
an aUowance equal to one day's attendance al- cUsses.
lowance for any distance they may have to comQ

110

from their own homes to the place of trial, be-
yond five miles ; two days' allowance for any dis-
tance beyond two miles ; three days' allowance
for any distance exceeding fifteen miles, and so on.

INSTRUCTIONS

FOK ALL DULY APPOINTED GOVERNMENT PLEAD-
ERS IN British Burma, dated Bangoon 1st
July 1865, vide Circular No. 117.

piSdir^^^^^*^ 1. It will be the duty of the Government

Pleader to accept service of all summonses and
other Judicial processes against the Government
issuing out of any Court in which he may be the
Pleader of Government. On receiving summons
he shall immediately communicate with the ofiGlcer
at the head of the department to which the sub-
ject matter of the suit refers and take such further
steps for the defence of the action or otherwise as
he may direct.

2. The Government Pleader is required to at-
tend to any instructions he may receive from any
of the undermentioned officers, on the business of
Government connected with their respective de-
partments : —

1. The Chief Commissioner, or his Secretaries
acting under his authority, or in his absence.

2. The Commissioner.

3. The Deputy Commissioner,

4. The Town Magistrate.

5. The Cantonment Joint Magistrate.

6. The Master Attendant.

7. The Recorder.

8. The Registrars of Rangoon and Maulmain.

9. The Inspector-General of Police or his Per-
sonal Assistant acting imder his authority, or iu
his absence.

Ill

10. The District Superintendent of Police.

11. The Inspector-General of Prisons.

12. The Chief Engineer or his Assistant, act-
ing under his authority or in his ahsence.

13. The Executive Engineer of the town,

14. The Executive Engineer of the Canton-
ment.

15. The Conservator of Forests.

16. The Deputy Conservator of Forests.

3. In the event of any of the ahove-mentioned
officers having occasion to institute a suit or en-
force a claim on behalf of Government, the Go-
vemment Pleader shall advise with the said officer
and take such steps for the institution of the suit
or otherwise as he may he instructed.

4l The Government Pleader shall affi)rd pro-
fessional advice and assistance to any of the above-
mentioned officers whenever required by them to
do so, upon any matter of selling or purchasing
property, making contracts, drawing up agree-
ments, disputed claims, &c., &c., to which Govern-
ment or any of the said officers in his official
capacity is a party. He will not take any case
against the Government but otherwise can exer-
cise his profession according to his own will.

5. In the event of any of the above-mentioned
officers having occasion to institute Criminal pro-
ceedings on behalf of Government against any
person, the Government Pleader shall conduct the
prosecution imder their instructions.

6. The Government Pleader shall, whenever
he is specially instructed to do so by the commit-
ting officer, conduct the prosecution of any case
conmiitted for trial before the Court session, by
the Deputy Commissioner, the town Magistrate,
or other officer exercising the full powers of a
Magistrate.

112

7. The Government Pleader shall conduct the
prosecution in any case where a party is commit-
ted to any Criminal Court by the Judge of a Civil
Court, imder the provisions of section 171 of the
Code of Criminal Procedure, whenever he may be
required to do so by the Judge of the district or
any higher Court.

8. The Government Pleader will not be enti-
tled to any fees or remuneration for the perform-
ance of any of the above duties beyond the regular
monthly salary allowed to him by Government.

RULES

FOE THE ADMISSION AND PRACTICE OF CERTIFI-
CATED PLEADERS.

Dated Rangoon, 1st September 1863.

Whereas by the 25th section of Act I of
1863, it is enacted; that the powers vested in
the Sudder Court by the Code of Civil Procedure
shall be exercised in British Burma by the Chief
Commissioner, it is, in pursuance of those pow-
ers, hereby ordered, that the following rules be
established for the admission of persons to act as
certificated pleaders of the first, second, and third
class, in the Conmiission Courts of British Burma.

CERTIFICATED PLEADERS OP THE FIRST CLASS.

1. All barristers at law, or advocates of the
Scotch bar, all advocates, attomies at law, or
solicitors of any High or Supreme Colonial
Court duly authorized by Royal Charter to admit
advocates and solicitors, and certificated pleaders
of the first class, now practising in the Courts
of the Commission of British Burma, shall be
entitled dejtire, to admission to practise as plead-
ers of the first class in the Courts of the Chief
Commissioner, Commissioners of divisions, and

113

all other Commission Courts whatsoever, civil or
criminal, throughout British Burma, on the proof
of their qualification as ahove, hy production of
their certificates, or act of call, should such evi-
dence he required hy the Chief Commissioner, or
Commissioner of division.

2. Gentlemen desirous of admission as certi-
ficated pleaders of the first class, and not qualified
de jure^ as provided in the first rule, will he re-
quired to signify their intention of applying for
admission hy written application to the ConmuS'
sioner of the division. The candidate will, at the
end of six weeks, he required tosuhmit to the
Commissioner of division, testimonials of charac-
ter, from two known respectahle residents of these
provinces, or from other imdouhted sources, and
the Commissioner may then either pass order for
the candidate's admission as a certificated pleader
of the first class, or may direct him to he exa-
mined in the manner hereafter descrihed.

3. When gentlemen qualifying under the se-
cond rule are admitted, the order for their admis-
sion shall he signed hy the Commissioner, and all
gentlemen qualifying under either the first or
second rule, shall, on admission, sign the roll of
certificated pleaders of the first class, and have
right of seniority according to their order on the
said roll, reserving always to the Government
Pleader the right of precedence, to which he is
now entitled hy custom, in virtue of his office.

4. Where, as provided hy the latter part of
the second rule, the Commissioner shall durect an
applicant to he examined, he shall remit the can-
didate for examination hy a committee of one
advocate and two certificated pleaders, taken iu
rotation from the roll of advocates and pleaders
actually in practice, who shall examine the ap-
plicant in the usual branches of a liberal educa-
tion, and in the law of evidence, the Codes of

114

Civil and Criminal Procedure, the Penal Code,
and such other authorities as may be convenient.
If the examination be satisfactory, the senior ex-
aminer shall so report to the Commissioner, who
shall thereupon direct the candidate to he ad-
mitted ; hut if unsatisfactory, the candidate shall
have the r^ht of appeal to Commissioner, whose
orders thereon shall he final. When the candi-
date knows only the Burmese language, the exa-
mination will he conducted in that language by
the Deputy Commissioner.

5. The Chief Commissioner further directs,
that the fees to be received by all pleaders of the
first class shall be according to the scale of fees
for the remuneration of pleaders heretofore set
forth by authority, in the 520th section of the
Pegu Civil Code, and the general rules in respect
thereof set forth in the 519th, 52l8t, 522nd, 523rd,
524th, 525th, 526th, 527th, 528th, and 529th sec-
tions of the said Code as annexed hereto.

6. When suits are conducted by pleaders of
the second or third class as hereinafter set forth,
a simi equal to one half the fees of a first class
pleader shall be allowed in the case of a second
class pleader, and a sum equal to one third the
fees of a first class pleader shall be allowed in
the case of the third class pleader, in taxation, to
the party employing such pleader, against the
party condemned in costs.

CERTIFICATED PLEADERS OF THE SECOND CLASS.

1. All persons now on the rolls of the Courts
of any of the three divisions of British Burma
as certificated pleaders not qualified as above, are
entitled de Jure, to admission as certificated pleads
ers of the second class, in all Courts of the Com-
mission, civil or criminal; within their respective
divisions.

115

2. All persons hereafter seeking to be admit-
ted as second class pleaders, will be required to-
submit, with their application for admission, a
certificate from some advocate of the Recorder's
Court, or first class pleader, that such applicant
has for the space of not less than one year been
regularly employed in the office of such pleader
in the study of the law and active details of prac-
tice, or a certificate from some second class plead-
er, that such applicant has been employed in his
office for a space of not less than three years, ii^
the manner before expressed ; or to prove that
such applicant has been a certificated pleader of
the third class for not less than three years, and
shall submit, with such application and certifi-
cate, testimonials of character signed by two
known respectable inhabitants of British Burma
or in the case of a certificated pleader of the third
class, by the Deputy Commissioner of the dis-
trict where he received the certificate of that
class. Should these be satisfactory, a day will
be appointed for the examination of the candi-
date, by a committee of three pleaders, chosen
in rotation according to seniority, who will exa-
mine the applicant in the Codes of Criminal and
Civil Procedure, the Rules of Practice, the Penal
Code, and the Law of Evidence, and report the
result to the Commissioner of division. If the
report be favorable, the applicant will be at once
admitted a second class pleader, and his name
placed on the list which will be suspended in each
Court. If unsatisfactory, the applicant may ap-
peal to the said Commissioner, who may make
such final order thereon as shall be necessary.

3. The order of admission for a second class
pleader will be made by the said Commissioner.
Pleaders thus admitted shall be entitled, on filing
in Court in each case their written power or
deputation, to appear, plead, and act for and on

116

behalf of suitors in all Caurts estabUshed under
Act I of 1863, either alone, or with a first class
pleader of the Court.

4. It shall be competent to any pleader ad-
mitted imder these rules, to apply to the Com-
missioner, after such pleader has attained three
years* standing, to admit him to the higher grade
of a first class pleader, provided always that the
Conmiissioner of division may, if he deem it right,
require the applicant to pass the higher standard
of examination prescribed for first class pleaders.

5. Nothing in any of these rules shall be
taken to prevent a first class pleader &om, either
alone or with a second class pleader, appearing
in the Lower Courts of the Conunission if he de-
sire so to do, but in taxation of costs the fees of one
pleader only will be allowed in the Lower Courts :
provided always, that the provisions of the ge-
neral rule, as to the language of the Courts be
strictly conformed to,

CEETIPICATEB PLEADERS OF THE THIBD CLASS.

. 1. Persons at present practising as pleaders
iinder certificates, or orders from the Deputy Com-
missioner of the district or otherwise, shall and
may continue to do so as certificated pleaders of the
third class, and hereafter other persons may be
admitted tl) tiie same privUeges, orpassmg an ex-
amination in the subjects set forth in the second
rule in respect of second class pleaders. This
examination shall be conducted by a committee
to be named by the Deputy Commissioner of the
district, and of which committee the Deputy Com-
missioner shall be president. If admitted, the
order for admission shall be written by the Deputy
Commissioner. Provided always, that pleaders of
the third class shall not be entitled to practise in
Courts beyond the limits of the district wherein
they are admitted except by special leave from
the Judge of an Appellate Court, and that their

117

fe€S to be allowed in taxation shall in no case ex-
ceed one third of those allowable to first class
pleaders.

2. It shall be competent to the Commissioner,
on grave cause shown, to remove the name of any
pleader of any class, from the roll, for any dis-
honorable or digraceful conduct, and to withdraw
the certificate of such pleader : and on such re-
moval of name, the person whose name is so re-
moved, shall cease to be, and to enjoy the pri-
vileges attaching to the office of such pleader :
promded always^ that no pleader shall be removed
from his office without being fully heard in his
defence on the precise charge urged against him,
which shall be reduced to writing ; and provided
further^ that an appeal shall lie against any order
for withdrawal of certificate made by the Com-
missioner of division, to the Chief Commissioner,

3. In Courts presided over by a British Judge,
or Ma^trate, the languages of record and ad-
dress shall be English or Burmese ; and in Courts
presided over by a Burmese Judge, the language
of record and address shall be Burmese only.
But where a British Judge presides the language
of address to the Court wiU be the same by both
sides, and in case of a difference of language ex-
isting between the pleaders, English wiU in that
case have the preference.

1. All Pleaders of whatever class are subject
to the rules laid down in Act I of 1846.

5. No one will be admitted as a pleader who
has not attained the age of twenty-one years.

6. Parties employing pleaders shall be at
liberty to settle with them, by private agreement
the remuneration to be paid for their professional
services.

7- In the absence of such agreement, a pleader
shall be oillowed to charge fees according to the

118

subjoined scale, and where costs are awarded
against another party, pleaders' fees shall be
included in the award according to the subjoined
scale only, whatever may be the private agree-
ment between the pleader and his client. Plea-
ders will be allowed fees according to the follow-
ing scale in any regular suit or appeal decided on
the merits.

If the amount or value of the property claimed
shall not exceed 10 Rs. 0 4

If above 10 Rs. but not above 20 „ 0 8

do. 20. do. do. 30 „ 1 0

and so on, adding 8 annas, that is 6 per cent, upon
evefy additional sum of 10 Bs. up to 100 Rs.

If above 100 Rs. but not above 120 Rs. 5 0

do. 120 do. do. 140 „ 6 0
and so on, adding 1 rupee, that is 5 per cent, on
every additional sum of 20 Rs. up to 500 Rs.

If above 500 Rs. but not above 560 Rs. 25 0
do. 550 do. 600 „ 27 8

and so on, adding Rs. 2 8, that is 5 per cent, on
every additional sxmi of 50 Rs. up to 1000 Rs.

If above 1000 Rs., but not above 1100 50 0

do. 1100,, do. do. 1200 55 0
and so on, adding' 5 Rs. for every additional sum
of 100 Rs. up to 5,000 Rs.

If above 5,000 Rs., then 250 Rs. on that sum,
and 2 Rs. on every additional sum of 100 Rs. up
to 20,000 Rs.

If above 20,000 Rs. then 550 Rs. on that sum,
and 1 Rupee on every additional sum of 100 Rs.
up to 50,000 Rs.

If above 50,000 Rs. then 850 Rs. on that sum
and 8 annas on every additional sum of 100 Rs.
up to 80,000 Rs.

If the amount or value shall exceed 80,000 Rs.
the fee of the pleader shall be one thousand rupees

119

and shall in no instance exceed that sum, how-
ever great may be the value or amount of the suit.

8. In summary and miscellaneous cases the
amount which shall be awarded as costs on ac-
count of pleaders' fees shall be one fourth of what
it would have been in a regular suit decided on
its merits. If a suit shall be withdrawn or dis-
missed in default, or non-suited without a deter-
mination upon the merits of the case, before the
issues shall have been declared, the respective
pleaders of the plaintiff and defendant shall each
be entitled to only one fourth of the established
fee which^they would have received had the suit
been brought to a regular decision by the Court.

9. If a suit shall be withdrawn or dismissed
in default, or non-suited without determination
upon the merits of the case, after the issues shall
have been declared, or if an appeal shall be deci-
ded without summoning the respondent, or with-
out calling on respondent to answer, if he shall
have appeared without having Ibeen summoned,
the respective pleaders shall be entitled to one
half of the fees which they would have received if
judgment had been given in the case, or if the
respondent had been summoned,

10. Private agreements between parties and
their pleaders respecting remuneration to be paid
for professional services, can only be enforced by
a regular suit^ and the agreement must be in
writing.

11. An appeal shall be considered a separate
suit, although the pleader who conducts it may
have been employed in the original suit out of
which the appeal arises.

12. Although there may be more than on
plaintiff in a suit, only one plaint can require to
be filed ; plaintiffia therefore can only recover a^

120

costs of suit tlio foe of one pleader, howcrer many
thoy may employ.

13. If there be more than one defendant and
their defence is substantially the same, they need
only file one answer for all ; therefore, whether
they employ several pleaders, or one pleader, and
he files separate answers for the several defen-
dants, the fees of one pleader only shall be charg-
ed as costs of suit.

14. If there be more than one defendant and
their defences are substantially different from and
independent of, each other, the defendants may
either employ several pleaders, or one pleader may
file for them, separate answers ; in this case de-
fendants shall be allowed, as costs of suit, fees for
as many pleaders as there are separate and dis-
tinct defences.

15. The fees for regular, summary, and mis-
cellaneous suits and appeals include the entire
remuneration which pleaders are entitled to re-
cover, without a special agreement, for conducting
all business connected therewith in or out of Court.

16. For opinions, drawing up deeds of sale,
transfer, mortgage or release, and other l^al do-
cuments of whatever description, the fees shall
be a matter of private agreement between the
pleaders and their clients, and no suits for such
fees shall be entertained in the Courts except on
written agreement.

This is to ceetut, that
is hereby admitted to practise as a pleader of
the class, in the Civil and

Criminal Courts of the

division of British Burma and with the rights and
privileges claimable under the rules for pleaders
passed by the Chief Commissioner of British Bur-
ma and dated the 1st September 1863 to which
rules he is subject,

121
RULES

FOR EXAMINATION OF PLEADEES OF THE THIBJ)

CLASS IN BRITISH BURMA.

1. The examination of candidates is to con- ' Subjectaofexa.
sist of questions in the Codes of Criminal and °^**^^°-
Civil Procedure, the rules of practice, the Penal

Code, and the Law of Evidence.

2. The examination shall be conducted by a Examination by
committee to be named by the Deputy Commis- lud!^*^ ^ ^^^"
sioner of the district, and of which committee

the Deputy Commissioner shall be president.

3. The candidates must all be examined at Procedure,
the same time, and within sight and hearing of

the examiners. They are to be seated apart, and
are to hold no communication with one another.

4. Each question is to be read out to them
separately. They are to write it down and its
answer below it, and, as each is finished, hand it
to the examiners, and no candidate is to leave
the room till his answer has been so consigned.

6. Should the examination not be closed in
one day, great care is to be taken that no unfi-
nished questions and answers are taken out by the
candidates on adjournment.

6. The maximum of excellence of each an-
swer will be 6 ; and the number of marks allot-
ted to each exercise, as noted in the annexed
table, will be the maximum for each.

7. Each candidate, in order to pass, must ob-
tain at least two thirds of the aggregate number
of marks allotted for the entire examination, and
must obtain in each separate branch net less than
one third of the marks allotted to that branch.

122

8. Table of exercises and marks allowed :

Exercises.

Maximum
of marks.

Minimum

required to

pass each

branch.

12 questions Code of Civil Procedure.

6 „ for British BurmA, Act I of 1863...
« „ Act XIX of 1841 q„«.^:^„.
Act XXVII of 1860 Successions,

^ " t5??^f,«^i Minors.

72
36

36
36
36
36

72
72

Act IX of 1861 ("'"**'*'•
6 ,, Act XXXV of 1858.— Lunatics. . . .

6 „ Act XIV of 1859. limitation

6 », Act X of 1862.*~Stamps.

6 .. Rules of practice

12
12
12
12

12 , , Code of Criminal Procfldnre

12 .. Indian Penal Code

12 ., Iaw of Evidence

Total

180

Minimum required to pass

360

9. In order to ensure the marks given to each
candidate being awarded upon one uniform prin-
ciple, the reply of each candidate to each separate
question will oe classed as follows : —

Very good 6

Good 5

Fair 4

Ordinary 3

Indifferent 2

Bad 1

Very bad 0

Quaiifioations 10. No oue will be admitted as a candidate
neoessaxy for ad- ^^^ j^^ ^^^ attained the age of twenty-one years

—and the most imexceptionable references as to
character must be produced.

11. The examinations will be held quarterly ,
viz., on the 15th January, 15th April, 15th July,
and 15th October ; and the Deputy Commissioner
will notify the assembling of the concanittee 15
days previously in the Official Gazette.

12. At the conclusion of the examination the
result is to be reported to the Commissioner of
the division.

mission.

Examinations
when held.

128

SECTION IL— CRIMINAL JUSTICE,

Notification declaring Act XXV of 1861 and Act
XV of 1862 (am, Act to amend the Code of
Criminal ProcedureJ in force in the province of
British Burma.

Poreign department No. 134, Judicial, Simla,
the 17th of July 1863.

His Excellency the Viceroy and Gtovemor-Gen-
eral is pleased to extend Act XXV 0^1861, and

XV of 1862 to the province of British Burma *

«««««««««

His Excellency the Viceroy and Governor-Ge-
neral is further pleased, under section 322 of Act
XXV of 1861, to notify that the trial of all offences
by the Court of Session in the sea-port towns of
Maulmain, Kangoon, and Akyab shall be by jury.

Notification by the Chief Commissioner,

Dated Bangoon, 16th July 1864.

With the sanction of His Excellency the Vice-
roy and Governor-General in Council, and with
reference to section 10 of Act VI of 1864, it is
hereby notified, that the rattan shall be tne in-
strument employed within the province of British
Burma, for the infliction of corporal punishment
on adults, under the provisions of the Act.

The Governor-General in Council has also
been pleased to direct that the rattans to be
made use of for the purpose shall not exceed half
an inch in diameter, and that they shall be of an
uniform length of three feet three inches ; and
farther that the punishment on all occasions shall
be inflicted on the breech, every precaution being
taken to prevent the blows from falling upon any
other part of the person receiving the punish-
ment.

124
RULES

REGARDING DEPUTATION OF WITNESSES TO THE

SUPREME COURT.

Extract from the proceedings of the Bight SorCble
the Oovemor- General of India in Council^ in
the Some Department^ (Judicial) under date
the IQth May 1861.

Parties attending the Supreme Court from tlie
mofussil are required to report their arrival in
Calcutta at the Police oflBlce, and the Commissioner
of Police is charged with the duty of arranging
for the payment to them of expenses according
to rates fixed with reference to their circumstances
and station in life. The rates of payment for each
class are as follows : —

1st class. — ^Each person coining imder this class
to be allowed eight annas a mile as travelling ex-
penses for himself and a servant ; five rupees per
diem as hotel allowance while in Calcutta; and
two rupees for carriage hire for each day he may
have to attend at the Supreme Court.

2nd class. — ^Persons of this class to have their
actual travelling expenses, three rupees per diem
for board in Calcutta, and one rupee palkee hire
for each day of attendance at the Supreme Court.

3rd class. — Persons of this class to have their
actual travelling expenses, and one rupee eight
annas per diem as board allowance.

As regards places beyond the sea the rule for
regulating travelling allowances must of course
be modified according to the special circumstances
of the case.

Where advances are given by local officers to
parties proceeding to Calcutta, such advances
should be regulsbtod by the, above scale. It is
not anticipated that any practical difficulty will

125

be experienced in determining the class to which
a prosecutor or witness belongs. It may however
be stated generally in explanation, that the 3rd
class is meant to include only laborers, workmen,
and persons in a similar condition of life.

His Excellency in Coimcil leaves it to the local
Governments and Administrations to issue such
subsidiary orders for the guidance of Magistrates
as may be necessary to give eflfect to the above
rales. A copy of the " rules for the observance
of mofussil Magistrates " which have been adopt-
ed by the Government of Bengal, at the instance
of the Commissioner of Police, is forwarded for
information.

RULES

POR THE OBSERVANCE OF MOFUSSIL MAGISTATES
IN CASES OF BBITISH SUBJECTS COMMITTED BY
THEM FOE TBIAL BY THE SUPREME COURT,
CALCUTTA.

Dated Calcutta Police Of&ce, 1st June 1861.

1. European prisoners, when committed, must
be sent with their warrants of commitment to
the great jail of Calcutta to the custody of the
sheriff, and a letter should be sent to the Com-
missioner of Police in Calcutta, giving the names
and crime of the prisoner, as also the date and
mode of forwarding him to Calcutta.

2. The depositions taken in the case must be
sent at the same time to the Clerk of the Crown,
and the exhibits, such as swords, bludgeons, or
stolen property in charge of the PoUoe officers
who can testify to them.

3. All witnesses must be bound down in re-
cognizances to attend at the Supreme Court in
CsJcutta at noon on the first day of the first Ses-
sions.

126

The various Sessions commence throughout the
year on dates which are fixed periodically.

4. The Magistrate should intimate to the
Commissioner of Police, hy letter, the names of
the witnesses, and direct them all, European and
native, immediately on their arrival in Calcutta
to leave their names and addresses at the Calcutta
PoUce office, where they will receive any inform-
ation or assistance they may require.

5. The witnesses, on the conclusion of the trial,
will receive their travelling expenses on applica-
tion to the Commissioner of Police.

6. Magistrates should he careful that while
they send down those witnesses who are absolute-
ly necessary for a proper investigation of the case,
none others should he compelled to leave their
homes. The evidence of native witnesses to Soo-
ruth hMs and such documents are never taken
in the Supreme Court. Por instance, if the Civil
Surgeon has examined the body of the murdered
or wounded man, his evidence will be sufficient
without that of the natives who saw the wounds
in the Darogah's mofussil investigation. The
presence of unnecessary witnesses invariably calls
down the animadversions of the Judges of the
Supreme Court.

BULES

FOE TBAVBLLING ALLOWANCE TO WITNESSES IN
HIGH COURT CRIMINAL CASES.

E/xQes for regulating the payment of travelling
allowances, &c., to prosecutors and witnesses at-
tending criminal trials at the High Court of ori-
ginal jurisdiction in public prosecutions.

All disbursements on this accoimt are to be
made by the Commissioner of Police, Calcutta, to
whom aU prosecutors and witnesses are, on ar-
rival at Calcutta^ to report themselves.

127

Europeaa:is and Eurasians are to be divided into
three classes. Care shoxQd be taken by mofussil
Magistrates despatching such persons that they
are correctly classified according to their respec-
tive stations in life, and that the Commissioner
of Police is duly informed.

The following rates are to be paid on account
of expenses of this nature for persons coming to
Calcutta and returning :

TraTelling expenses. — Ist class.

If by dawk 8

W steamer (in

dnding
by. rau.

per mila
Actual ex-
penses of
Ist class

_ -expenses | 5 rupees per

in CsXcutta | diem.

Cdnyey&nce ' hire for the days
of actual kttendaDce at tiie High

Court 2 rupees per diem.

Dawk, bungalow and hotel
expenses by the way, when tra-
velling by dawk or by rail,
4 rupees per diem.

2nd class.

3rd class.

Bonfk fide expenses of 2nd and 3id
class passengers

3 rupees per diem

r»

per dienu

per diem.

1 rupee 8 annaa
per diem.

niL

1 rupee per dienu

All classes of native prosecutors and witnesses
are to be paid their bond, fide travelling charges
and boarding expettses^ both by the way and dur-
ing their stay in Calcutta^ according to their sta-
tions in life, of which due information is to be
given to the Commissioner of Police in Calcutta,
by the Magistrate despatching them.

Whenever practicable, prosecutors and witness-
es should travel by rail or steamer.

The boarding allowance at Calcutta will cease
as soon after the trial as the means of quitting
the presidency become available. The Conmiis-
sioner of Police, Calcutta, will see that this rule
is adhered to.

Mofiissil Magistrates will make reasonable ad-
vances to persons desiring it, to enable them to
reach Calcutta. Intimation of such advances
m.ust be ioGLmediately made to the Commissioner

128

of Police, who is to refund the amount to the
office making the advance.

The Magistrate of the district from which pro-
secutors and witnesses are despatched, will report
to the Commissioner of Police the date of thehr
departure, and will instruct them to report them-
selves to that officer on their arrival at Calcutta.

RULES

POE THE GUIDANCE OF HONORABY MAGISTRATES

IN BRITISH BURMA.

1. Honorary Magistrates previously to enter-
ing on the execution of the duties of their office
shall in accordance with provisions of Act X make
and suhscribe before the Magistrate of the dis-
trict to which they are appoiuted the following
declaration:

" I., A.B., appointed an Honorary Magistrate

" in the distaict of declare that I ^ill to

" the best of my ability assist the Magistrate of
" the said district in preserving the peace of the
district over which his authority extends ; that
I wiU act with impartiality and inte^ly, and
" will not exact or receive, directly or mdirectly,
" any fee, emolument, or reward whatsoever in
the execution of any matter relating to the du-
ties of my office, excepting such as the orders of
" Government do or may expressly authorize,
" and that I will perform the duties of my office
according to the best of my knowledge, abilities
and judgment, conformably to the laws for the
time being in force."

2. An Honorary Magistrate has powers to ex-
erciBe all the judicial fonctions with which he
may be vested, subject only to appeal in regular
course ; but his judicial functions give him no
power to issue orders to the Police, except in re-

129

lation to processes issued through, and requiring
to be served or enforced by them, in cases judi*
cially before him.

3. K \n the conduct of a trial or at any other
time, an Honorary Magistrate shall see reason to
impute misconduct to any officer of PoUce, he
v^ill make report of the case to the nearest de*
partmental superior of such officer of Police.

4. An Honorary Magistrate may take up any
cases within his jurisdiction duly brought heforc
him, whether by any officer of Police or by a pri-
vate person ; and the Magistrate of the district
may refer criminal cases to an Honorary Magis-
trate subordinate to him, either for enquiry and
report, or for disposal if the case be within the
competence of such Honorary Magistrate to de-
cide, or with a view to commitment to the Court
of Sessions or to the High Court of Judicature if
such Honorary Magistrate is competent to com-
mit to such Comi:.

5. The Magistrate of the district may, with
the sanction of the Commissioner of the division,
assign local jurisdiction to an Honorary Magis-
trate, beyond which he will not be expected to
take up cases.

6. Honorary Magistrates, at the time of their
appointment, may be invested with the powers of
a subordinate Magistrate of the first and second
class, or with the powers of a Magistrate under
section 22 of the Code of Criminal Procedure, and
wiU exercise such powers in the cases brought
before them as criminal judges.

7. Honorary Magistrates wiU invariably cor-
respond with the superior authorities tlu'ough the
Magistrate of the district.

8. Honorary Magistrates wUl be particularly
careful to avoid all unnecessary detention of par-
ties in eases before thejn.

130

0. Honoraiy Magistrates will keep up daily,
in the ibrms which may be described by the
superior judicial authorities, the following books
and registers which shall at all times be open to
the inspection of the Magistrate of the district :

Begister of heinous cases.

do. of petty eases.

do. of miscellaneous cases.

do. of fines.
Book of daily receipts and disbursements.
Book of calendars of punishment.
DaiJy register of parties in attendance.
Book of summonses.
Book of warrants.
Copy book of roobakarees.

10. Honorary Magistrates will be furnished
with registers, printed forms, &c., from the office
of the Magistrate of the district.

11. Honorary Magistrates should hold their
Courts in some room or place to which the pub-
lic have free access during the trial of the cases
before them.

12. Honorary Magistrates will be furnished
by the Magistrate of the district with a seal to be
prepared for their use.

13. Honorary Magistrates, in the regular ha*
bit of taking up cases, will Imye a sum allowed
them for office establishment and stationery.

14. Persons sentenced by an Honorary Magis-
irate, residing in the interior of the district, to
imprisonment, or conunitted to the Court of Ses-
sions, or to the High Court of Judicatiu*e, should
be made over by such Honorary Magistrate to
the nearest Police station without delay, together
with their warrants, and the calendars of commit-
ment; and such other papers as nmy be necessary.

131

15. Honorary Magistrates shall once a month
remit to the Magistrate of the district, or to the
sub-division oflBcer, through the Police, such simis '
as they may have received during the past month
on account of fines, deposits, &c.

Tlicy will transmit, at the same time^ copies of
their cash accounts according to a form which
will be furnished to them by the Magistrate of
the district.

16. All refunds pf fines, deposits, &c., will be
made from the office of the Magistrate of the dis-
trict or sub-divisional officer, on receipt of a pro-
ceeding from the Honorary Magistrate who will
make no disbursements himself.

17. The record of such cases as may have been ,.^*?^ *'*■•'
finally disposed of in the course of the month by to fi^w^i^tted^
an Honorary Magistrate in the interior of a dis-
trict should be forwarded, through the PoKce, to

the office of the Magistrate of the district, on the
1st day of the following month, accompanied by
a list.

18. The monthly and quarterly statements of
work disposed of and pending must be forwarded
by the Honorary Magistrate to the Magistrate of
the district, on or before the 3rd of the month
following.

The yearly statement not later than the 10th
January.

NoTK. — In any town wheire there Is a stipendianr Mafii«trate the
cases decided W Honorary Magistrates will be entered in tne registers
of his office. Honorary Magistrates in the interior will keep up their
own registers and books as required in rule 9.

132

FEES ON CRIMINAL PROCESSES.

Dated Pegu Commissioner's Office,

Rangoon, 5th August 1861.

Since the introduction of stamps it is to be un-
derstood that payment of fees to Government on
process in civil suits is abolished. But fees in
petty criminal cases * in which parties make com-
plaint themselves to the Magistrate, will still be
taken as before, and credited to Government at
the following rates : —

On eaeh summons ....1 rupee.

„ „ subpoena 8 annas.

„ „ warrant 2 rupees.

These fees are in addition to the expenses in-
curred in serving the process, which expenses are
also paid by the parties. The above fees will be
charged in all Criminal Courts of the Myo-okes,
&c., &c.

* Sucb OB petty assaults, wages, Ac

133
SECTION III.— POLICE.

ACT No. Ill OF 1857.

PASSED BY THE LEGISLATIVE COUNCIL OF INDIA.

(Beceived the assent of the Govemor- General
on tJie 31«^ January 1857.)

AN ACT RELATING TO TRESPASSES

BY CATTLE.

This Act ioas extended to tlie prownce of Pegu

on the 6th August 1861.

ACT No. V OF 1861.

PASSED BY THE LEGISLATIVE COUNCIL OF INDIA.

{Beceived the assent of the Might Honorable the
Governor- General on the 22nd March 1861.)

AN ACT FOR THE REGULATION

OP POLICE.

This Act was extended to the several divisions
of British Burma as follows : —

Pegu division — ^by Notification No. 1463^ of
3l8t July 1861.

Tenasserim division — ^by Notification No. 1806,
of 14th October 1861.

Arakan division — ^by Notification No. 571, of
25th January 1864,

134
MEMORANDUM.

Dated Rangoon, 12tli May 1865.

The Chief Commissioner is pleased to pres-
cribe THE POLLOTTING RULES FOR REGULATING
THE ADMINISTRATION OP THE POLICE IN BRI-
TISH Burma.

oft^oikThow ■'- ^® administration of the Police through-
regulated. out the local jurisdiction of the Magistrate of the

district is vested in the District Superintendent
of Police under the general control and direction
of the Magistrate. The District Magistrate has
no authority to interfere in the internal organi-
zation and discipline of the Police force, but in
other respects his position in relation to the Po-
lice is not materially changed. The District Su-
perintendent is in effect an aid to the Magistrate
for the superintendence of thB Police of the dis-
trict.

2. The Commissioners of divisions will con-
tinue to exercise the same supervision over the
Magistrates in respect to the adnunistration of
Police and criminal justice which they have
hitherto exercised ; but they will not in any way
interfere with the details of the organisation of
the Police. Commissioners of divisions must
bear in mind that they are responsible, as hereto-
fore, for the entire executive administration of
their divisions.

ip^roeSlrJi' 3. The duties of the Inspector General arc

the general control, the inspection and discipline
of the force in the province.

Duties of Dis- 4. Thc District Superintendent is the head of
tnct supermten- ^j^^ p^jj^^ ^^^^^ employed in the district. He is,

therefore, responsible to the Magistrate for the
efficient performance of the duties devolving
upon thc force. It is his duty to see that all or-

135

ders of the Magistrate, or other competent au-
thority, are promptly and correctly carried out,

5. All reports which the law requires to l>® th^M^traT**^
made to the Magistrate of the district, or to a ^ ^*" ^'
Magistrate having jurisdiction, must generally be

made by the subordinate Police to the District
Superintendent or officer acting on his behalf;
and it will be the duty of the Superintendent or
other officer either to pass orders thereon, or, if
beyond his competence to deal with, to lay all
such reports, and all information and returns, be<
fore the Magistrate. The subordinate Police may,
however, report direct to the Magistrate when
necessary.

6. All orders of the Magistrate to the subor-
dinate Police will be conveyed to the head officer
of Police in attendance in the Court of the Ma-
gistrate for communication to the subordinate
officers concerned. The orders of the Magistrate
will either be in the shape of warrants, summons,
subpoenas, or other process, or wiU take the form
of specific instructions on special points.

7. All orders other than warrants or other
processes will be entered in an order book to be
kept for the purpose in each Magistrate's Court.
They will thus come regularly under the notice
of the District Superintendent, who should, if
possible, have his office in the Magistrate's cut-
cherry. Warrants or other processes will be . en-
tered in the register in a form to be prescribed
by the Inspector General.

8. In communicating orders to the district
Police it is not necessary that separate orders
should be addressed. All that is requisite is to
send each Inspector an extract from the order
book containing aU orders applicable to him that
have been issued during the day. These extracts,
when'receiyed by the Police officer to whom they

136

are addressed, will be entered, according to date
of receipt, in liis Station order book, and, as soon
as the orders have been carried out, the extract
will be returned with a brief endorsement shew-
ing the manner of execution.

9. It will be necessary to bear in mind the dis-*
tinction between the " Magistrate of the district "
and " a Magistrate." The " Magistrate of the
district " is the chief officer charged with the exe-
cutive administration of the district in criminal
matters ; " a Magistrate" includes all persons exer-
cising any of the powers of a Magistrate, such as
Joint, Assistant, and Deputy Magistrates.

10. The District Superintendent will, without
delay, inform the Magistrate of the district of any
circumstance within the knowledge of the Police
likely to lead to a disturbance or breach of the
peace. Should any diflterence of opinion, on any
question relating to Police administration, arise
between the District Superintendent and the Ma-
gistrate of the district, it is the duty of the Dis-
trict Superintendent to carry out the Magistrate's
instructions, and to request the Magistrate to re-
fer the point under dispute for the orders of the
Commissioner, who will decide all such references,
communicating, when necessary, with the In-
spector General. Any officer of the Police who
is dissatisfied with the decision of the Commis-
sioner may submit his case to the Inspector Gen-
eral.

11. It must be borne in mind that, with the
exception of the Magistrate of the district, no
magisterial officers, whether in charge of a sub-
division or not, are vested with any controlling
authority over the Police. As Judicial officers
they will try all cases brought before them on the
formal complaint of a private party. If a sub-
ordinate Magistrate is of opinion that, in any case

137

coming before him, the proceedings of the Police
have been illegal, or evince n^ligenee, or want
of intelligence, he will report the matter for the
information of the Magisl^te of the district.

12. Every prisoner must be forwarded from a
Police station direct to the nearest Magistrate
having jurisdiction, and must not be sent to the
next superior officer of Police.

13. The powers of a Magistrate vested by law
in the Inspector General, will be exercised, so far
as may be necessary, in the absence of a Magis-
trate, only for the preservation of the peace, the
prevention or detection of crime, or the appre-
hension or detention of offenders.

14. The PoKce superannuation fund shaU be anmS S''>
formed from the following items : — how fonnco.

Ist. — A deduction of half an anna in the rupee
from the monthly pay of all Police officers of a
class not entitled to a pension imder the Unco-
venanted service pension rules.

2nd. — ¥mes imposed for neglect or misconduct
of Police officers, under sections 7 and 29 of Act
V of 1861 ; and fines imposed by Magistrates on
drunken persons, or on persons convicted of as-
sault on Police officers.

3rd. — ^Proceeds of sale of useless and worn out
equipments or articles of clothing provided for
the use of the Police by the State.

15. It will be the duty of all Magisterial offi-
cers to keep up a separate register of all fines im-
posed by them under the third head. The fines
realized will be sent' to the officer in charge of
the district treasury, who will credit the amoimt,
under its proper heading, to the Police superannu-
ation fund as hereinafter directed. At the close
of each month the Magistrate of the district will
send to the District Superintendent an abstract

138

from the registers shewing all the fines thus im*
posed in his district. No fines can be credited to
the fund until the money has been actually rea-
lized ; and when the order is appealable, until the
appeal has been finally disposed of.

16. No charges on the superannuation fimd
are to be made without the sanction of the Go-
vernment previously obtained. Kules as to the
period of service and other conditions entitling?
members of the force to pensions or gratuities
from the fund will be published separately.

Asaets of " su- 17, Thc foUowing ordcr of Government in the
Fund""^^*how^iMtncial department lays down the mode in
brought to ac- which the fuud is to be brousflit on the books of

the treasury and finance departments.

No. 1214.

Extract from tlie proceedmga of thc GoocrniYient
of India in the Financial department^ Simla,
under date the 6th July 1864.

Bosoiution. Qn a rcvicw of the existing arrange/nents for

bringing to account the assets of the Police su-
perannuation fund, the Governor-General in Coun-
cil is pleased to issue the following instructions
for general guidance throughout India : —

1. The authorized stoppages from pay on ac-
count of the fund are to be invariably deducted
by the treasury officers from the pay abstract,
and the net amount, only, paid to the District Su-
perintendent.

2. The receipts of the fund, from other sources,
wliich may be paid into a treasury by officers of
Police, will also be credited by the treasury offi-
cers in their monthly cash account under the head
of " Police superannuation fund," and an abstract
of the entire monthly credits will be furnished by
the Deputy Auditor and Accountant General,
each month; to thc Inspector Gengral of Police.

139

A combined account of receipts and charges will
also be prepared half-yearly by the Deputy Audit-
or General of the province, and furnished as may
be directed by the Local Government.

3. Under this arrangement the remittance of
stoppages and other realizations of the income of
the fund, from one treasury to another, or to the
Inspector General of Police, by means of transfer
receipts, will be unnecessary, and such remit-
tances are hereby prohibited.

4. Further, all cash balances of a Police su-
perannuation fund which may be on hand in the
Police department, or in deposit in private banks,
will be paid into a Government treasury, and all
Government securities or other stock in which
any assets of a Police superannuation fund may
be invested, will be entrusted to the Deputy Au-
ditor and Accountant General, who wUl report
for the information of Government all such trans-
fers of stock.

5. When the accumulations in any province
amount iu the aggregate to five hundred rupees,
they will be transferred by the Deputy Auditor
General to a book debt account bearing interest
at 4| per cent., but without the issue of promis-
sory notes. The interest will be calculated half-
yearly, and the account will be rendered to the
Local Government or Administration, to be pub-
lished in the Local Government gazette, or to be
otherwise dealt with as may be directed.

6. These instructions supersede the orders on
the same subject communicated in Pinancial de-
partment resolutions. No. 6823, of the 11th May
1861, and No. 94, dated 17th February 1862.

18. Any refunds of assets so credited must be
charged to deposits, and if the actual deposit has
been remitted to Rangoon, the charge must be
made against the next deposit which is placed at
credit of the |und,

140

^Duties of a 19, The Gouiigs (or Yazawut Goungs) are vil-
Hning. ^^^^ Police officers exercising Police powers over

the whole or a portion of a Thoogyee's or Kyun-
oke's circle. They are appointed and removed by
the Deputy Commissioners of districts, by whom
also they are paid. But they conduct their duties
under the supervision and control of the District
Superintendent of Police.

20. It is the duty of the Goungs to report in-
stantly to their immediate superior and to make
inquest into all cases of murder, wounding, bur-
glary, theft, tumultuous assemblage, affray, and
other henious offences occurring within their ju-
risdiction ; and to apprehend and deliver to their
immediate superior, persons accused or strongly
suspected of having committed these offences, or
of intention to commit them, and persons of sus-
picious character not having any ostensible means
of livelihood.

21. Their superior officers to whom they will
immediately report will be the Police officer in
charge of the station or outpost within whose Po-
lice traet their circle is included.

K^^d^ ^^ * ^^' The Kyay-dan-gyees, or heads of villages,
yay- -gyee. ^^^ ^ Police matters subordinate to the Goungs,

to whom they will report all crimes occurring
within their knowledge.

23. Goungs have no fiscal powers whatever,
and cannot be called on by the Thoogyees of cir-
cles to assist in either the assessment or coUec-*
tion of the revenue.

24. They also have no judicial powers of any
description, but they will obey all orders, and
execute, or cause to be executed, all warrants and
processes addressed to them by the Police officer
to whom they are subordinate, or by the judicial
officers of the township or district.

141

25. Any Goung who may wilfully exceed, or
abuse his powers, shall, on conviction before a
judicial officer, be liable to fine, or imprisonment,
or both, as provided in the Indian Penal Code.

26. Deputy Commissioners of districts will
keep the Superintendents of Police, working in
their districts, informed of all casualties and ap-
pointments among the Goungs as the same may
occur from time to time.

27. The Kyay-dan-gyec of a Village is, as his
name imports, the principal tax payer in the same,
not being otherwise in Government employ.

28. The appointment of Kyay-dan-gyees rests
with the Deputy Commissioner of the district,
who will be guided in his selection by the known
status of the parties in their villages, the general
wish of the villagers, and the recommendation of
theThoogyees of their circles, as submitted through
the Myo-oke of the township in which the village
may lie.

29. The Deputy Commissioner, on appointing
or confirming a man in his position as Kyay-
dan-gyee, will furnish the Superintendent of the
Police in his district with a memo, of his name.

30. The Kyay-dan-gyee of every separate and
distinct viUage containing 10 or more houses in
which there is no salaried Tua-Goimg appoint-
ed, is exempted from the payment of capitation
tax, as provided in section 21 of the Revenue
rules (Pegu), in consideration of his performing
certain subordinate Police duties, which, from
the custom of the country, devolve on him in the
absence of a Yazawut Goung.

31. It is the duty of all Kyay-dan-gyees to re-
port to the Yazawut Goung of their circle, having
authority over their village, all cases of heinous
crime such^as Police officers are competent to

112

enquire into and take cognizance of, and as des-
cribed in column 3 of the schedule annexed to
the Criminal Procedure Act*

32. They will also do their utmost to imme-
diately apprehend any parties in their village
who may be guilty of committing such crimes,
and hand them over to the nearest Police post or
to the Yua-Goung, whichever may be closest, and
any proper expenses incurred by them in doing
this will be paid them out of the treasury.

33. Whenever the Thoogyee of the circle may
come round for the purpose of assessing or col-
lecting tax, the Kyay-dan-gyce should be in at-
tendance on him as long as he is in his village,
for the purpose of giving him all necessary in-
formation connected with the cultivated land. Or
other revenue subject of his village, but he will
on no account be called on to himself undertake
the preparation of any assessment roll, or collect
any money, which are duties the Thoogyee alone
is responsible for.

34. Except for the purpose of reporting crime
or placing criminals as above noted in the hands
of the Police, the Kyay-dan-gyees will not be lia-
ble to be called away from their villages, unless
where required on regular summons.^

GENERAL POLICE FUND.

This fund under Act V of 1861 has been aboUsh-
ed. All amounts now standing at its credit to be
transferred to credit of " Police," vide letter No.
3194 dated 30th November 1865, from the Finan-
cial Secretary to the Government of India.

W2o

No. 2032.

NOTIFICATION.

FoET WiLiiAM, Home Departmest,

1st March 1866.

TJndet section 6 of Act V of 1881, the Gover-
nor General in Council is pleased to invest the
undermentioned officers, attached to the police
of British Burma, with magisterial powers : —

RE&IUENT

VSBlOSi.-

ItAUfi.

DISTBICT.

OE COEPa

IIO».

Martaban.

Amherst.

Baucoou.

■^■3

Aliyab.

s-s

Prome.

Tavoy.

Bassein.

Touog-oo.

Mergui.

MyauofiDg.

Bamree.
Sandoway.

Irith reference to the foregoing notification the
Chief CommissioneF has been pleased to lay down
the following nilra : —

The magisterial powe^ ahove cfonfefted on
certain officers of poUee under section 6 of Act V
of 1861, are to be exercised only in the absence
of the ordinary magistrate of the district, or sub-
division, or toira, and so fiar as may he necessary
for the preserva-tion of peace, the prevention of
crime, and the detection, apprehension, and deten-
tion of offenders in order to their being brought
before a magistrate, and so far as may be neces-
sary for the performance of the duties assigned to
them (officers of police) by Act Y of 1861.

142 ft

That is, officers of police, vested with magis-
terial powers, shall exercise those, when it may
be necessary to do so, only to the extent of all
preliminary steps previous to offenders being
brought to trial ; but their powers do not extend
to the trial and punishment of these offenders, as
no such provision is contained in section 6 of the
above Act-
Thus officers of police, vested with magistC"-
rial powers, are thereby authorized to issue war-
rants for the apprehension of criminals whom
they may not, as officers of police, be authorized
to arrest without warrant, they may, as magis*
trates, take the deposition of witnesses, whose
death may be considered imminent ; they may, as
magistrates, commit accused persons to jail on
satisfactory evidence taken and deposed to : all
these to be exercised in the absence of the ordi-
nary magistrate, and only in order to offenders
being brought eventually before him.

Officers of police, invested with magisterial
powers, are not thereby authorized to try and
punish members of the poUcc force, under section
29 of Act V of 1861.

PART IV,-REVENUE-

SECTION I,— LAND REVENUE.

RULES AND DIRECTIONS

FOR THE Revenue Administbation op the
PEoviNCE OF British Burma.

Rangoon, dated 7th August 1865.

1. The officers appointed for the administra- R«ye>i«o offi-
tion of revenue affairs in the province of British ^cg^ ^ ^^^'
Burma, are,

1st, The Chief Commissioner.

2nd. Commissioners of divisions.

3rd. Deputy Commissioners of districts.

4th. Assistant Commissioners.

5th. Extra Assistant Commissioners.

6th. Thoogyees.

The Chief Commissioner exercises the powers
of the Board of Revenue, and has a general con-
trol over all revenue affairs throughout the pro-
vince.

2. Each district in the province is divided in- districts how
to townships, under Myo-okes. These arc divid- ^te^?^^^^*^^
ed into circles, under Thoogyees, which are again
sub-divided into village-tracts, comprising one or

more villages. Thoogyees are nominated by the
Deputy Commissioners, subject to the confirm-
ation of the Commissioner. The necessary qua-
lifications for these officers are a good character
and ability to read, write, cipher, and measure
land. Yua-Goimgs are appointed for police duties,
but may ocoajsionally assist the Thoogyees, Kyay-

dan-gyecs also witliin'their own village tracts will
assist the Tlioogyees in revenue duties generally.
In districts where the ancient custom of herecfi-
tary succession in the office of Thoogyee has
existed, it will be still maintained as a general
rule. All original circles will remain intact, and
be entered separately in the registers and assess-
ment rolls. The appointment of Myo-oke is sub-
ject to the approval of the Grovemment of India.

Land tax. Por- 3. Evcry circlc and every village-tract, has a
to "^hav^oTJtS distinct boundary. The paddy lands of each vil-
ratea of assess- lagc-tract are mvided into portions of country
^^^^ called "pyeng" or "queng," each bearing a

distinctive name, and these constitute the smallest
portions upon which a separate rate of assessment
will for the present be fixed. The rate of assess-
ment per acre will vary in amount according to
the fertility of the soil, the situation of the land,
the average local price of grain, and facility for
intercourse with markets. Lists of these rates
are to be retained in the office of the Deputy
Commissioner, and in the office of the Myo-oke
of the township within which the circle is situat-
ed. Gardens, orchards and miscellaneous culti-
vation will, in the several districts of the Pegu
and Arakan divisions, pay for each acre the high-
est annual rate put upon paddy land in the same
circle. In the district of Martaban, of the Tcnas-
serim division, miscellaneous cultivation is assess-
ed at the highest rate put upon paddy land in
the same circle. The rates on gardens and or-
chards will be as follows ; —

Bate per acre.

Town and township of Martaban Es. 1 8 0

All other parts of the Martaban district... „ 1 0 0

Toungyas in the Martaben district pay at the
rate of one rupee per acre.

In the remaining districts of the Tenasserini
division, the annual rates per acre for garden^;

145

orchards, miscellaneous cultivation and toungya,
will be as follows : —

TAVOY AND MEEQUI.

Rate per acre.
Gabdeks and obchards. — In circles within a
radius of t«n miles from the limits of the
chief towns ... ... ... .,. Bs. 2 8 0

Do. Beyond that radius ,,180

Do, Karen circles ... ... ... ,,100

Miscellaneous cultivation. — In circles with-
in a radius of ten miles from the limits of

the chief towns ,,100

Do. Beyond that radius ,,080

Do. Karen circles ... ,,060

TocNOTA. — Everywhere „ 1 per dha.

AMHEEST.

Gabdens and orchabds. — A separate rate
for each circle according to situation, as
contained in the list in the Deputy
Commissioner's office ...

»>
9t

6 0 0

2 8 0

18 0

14 0

0 8 0

2 8 0

14 0

Miscellaneous cuLTiVATioir. — As above .,. > "

J tt

TouNOTA.. — Everywhere „ 1 per dha.

All land left fallow will be charged at the rate
of two annas an acre per annum to the owners.

4. The land measure to be used throughout standard of
the province is as follows : — ^^^ measure.

Square feet.
226-865 = 1 pie.

^ 12 pies, i.e 2722*5 =1 anna.

16 annas, i.tf. .,. ... ... 43560* =1 acre.

5. Land under " toungya " cultivation in the mil plantation.
hill circles of the Pegu division will not be assess-
ed by measurement. In the districts of Rangoon,

Bassein and Myanoung each male engaged in the
cultivation of toungya land will pay a tax of one
rupee per annmn, without reference to the area
of the land he tills, or the number of separate
plantations cultivated. In the other districts of
Pegu and in the Arakan division, each family

116

of toungya cutters, if all work together at one or
more toungya plantations, pays one rupee tor the
whole family, A family for this purpose includes
all residing under one roof, or having a common
hearth.*

It is to be understood that toungya cultivation
in the plains generally and especisdly in the delta
of the Irrawaddy should be discouraged. Valuable
fruit and other trees are still destroyed by toungya
cultivators in that part of the province.

In the Arakan division toungyas are generally
liable to measurement, and pay tax according to
their area at one rupee per acre. In the Akyab
district toungya cutters in the following circles
only pay a tso: of one rupee per man, and not by
the area of the toungya.

CIBCLES.

1 Bf ro-theet-khyoungi
9 KulUh-pan-2in.
8 Tayne-dm.

4 Thai-gftn.

5 Thamee-hla-preng,

6 Htee-tsway.

7 Thamee^-hla.

8 To.

9 To Talop.

10 Than-htoung,

11 Bala-anouk.

12 Koladan.

13 Bala*a8he (East of Tsar-

ai-khyouQg.)

14 Ban-khyoung.

15 Bakaing-Mro^kbyoung.

16 ABhe-lay-Mro-khyoung.

17 Taw-dan.

18 NgOfSin-ryne,

19 Prwan-she.

20 Pyen-bow,

In the district of Bamree toungyas are every-
where measured except in the township of Aeng,

* I^ad vitoAted in inoffle tracts in the low l«nd8 cm which vftriouA
products Mrs raised, and which cultivated spots are genonJly termed
'* toungya," though not so strictly, are to be classed as '^misoellMkeous
cultivation.'' lists should be prepared of those hilly and remote cii*clcs
in each district, to which onl^ the touoffva rates wiU api>ly, and witiiin
which uo meaBurement of lana to loiacellaneou^ Qultiyation asseaiment
will be made.

In the district of Toung-oo, certain tribes east of the Sittang river
pay a yearly sum all round, without aeeounting for capitation or other
tax separately. They are required to give no returns except a list of
^iefs of tribes or villages, and the gross annual amount payable by each.

147

In the district of Sandoway toungyas are liable to
moasTirement in the following circles only: —

cntCLES.

1 Tsha-bjeng.

2 Taw-Iwai.

8 Slharin-gyee.
4 Mo-Mouog.
6 Kyouktaga.

6 Khoo.

7 Padin.

8 Pandaw.

9 Dzin.

10 Tsheng-goung.

11 Letwai-anouk.

12 Dzedee-bjeng.

13 Shwe-gyoung-byeng-letya

14 Letwai-a-slie-bhot.

15 Mjotna.

16 Nan-khyoung.

17 Tsaw.

18 Toung-thagyee.

19 Keintalee.

20 Keintalee-ye-gyaw.

21 Tain-gyoo.

22 Tshat-thva.

23 Loangyoo.

24 Ye-hain.

25 Gwa-let-wai

6. It is the duty of the Thoogyee carefully ^^'**^«« ^^ •
to measure the' land of each cultivator of his cir- ^^^^^
cle, and to deliver, through the Myo-oke of the
township, to the Deputy Commissioner, on or be-
fore the 14th lazan of Tabodwe in each year, the *
following returns which are to be coimtersigned
by the Myo-oke.

1st. — A land register (form No. l)*showing
the land under cidtivation in each pyeng or queng
of his circle separately ; the names of the owner,
or of the late owner, if after the death of such '
owner the land has remained undivided in his
family, together with that of the actual cultiva-
tor and taxpayer for the year, and mortgagee, if
any.

2nd. — A similar register (form No. 2) of land
under cultivation not paying revenue.

3rd. — ^An assessment roll (form No. 3) showing
the amount of land, and all other items of regu*

Forms are not inserted in tkis Manual.

148

lav tax due by each tax-payer in his circle. From
this the Deputy Commissioner will cause to be
prepared separate receipts for presentation to
each person, with a distmct specification of each
item of demand (form No. 4.) These will be for-
warded to the Thoogyee, through the Myo-oke of
the township, who will cause them to be present-
ed as -soon as possible, to each individual paying
tax, the date of presentation being noted on the
back of the receipt. The revenue will then be
collected and an endorsement made by the Thoo-
gyee of the amount received, with date of pay-
ment, and signed by two witnesses. In this roll
will be included the land tax levied in towns and
suburbs on land occupied but not built upon
(form No. 3 A.) A return of all land, paddy
land, garden or otherwise, included in No. 3, as
paying tax during the year which has been culti-
vated in consequence of embankments constructed
by Government or by private enterprise, (form
3B.)

4th. — ^A list of all new lands taken tax free for
a term during the year, with the name of each
pelrson who has received them (form No. 5.)

5th. — Statements showing the increase or de-
crease, or both, of every description of cultivation
in his circle, during the year, with a brief expla-
nation of the causes of either, (forms No. 6 and
7 are given as a guide for this return.) The
Thoogyee is bound to retain copies of all registers,
rolls, statements, &c., rendered by him. •

6th. — In estimating whether land is to be mea-
sured and entered in the assessment roll, as culti-
vated land liable to tax, the Thoogyee or, land
measurer will be guided by the fact whether seed
-has been sown therein during the year on account

149

of which the assessment is to be made. Should
the seed, say the paddy seed, have been sown
broad cast, or the plants have been planted out,
and the produce subsequently have been destroy-
ed by flood, drought, or otherwise, the land over
which -the seed has been cast, or on which the
plants have been planted, will be entered in the
assessment roll as liable to revenue, but will be
noted for remission, either in full or in part ac-
cording to circimistances. This rule is not in-
tended to be applied to land which has received
exemption from tax for a term of years, and
which term is stiU unexpired.

7. Should the Deputy Commissioner consider Thoogyees' mea-
it necessary to test any of the land measurements, teSS^tf^n^eM^
as entered in the assessment roll delivered in by fl«7 before tiie
the Thoogyees, care should be taken to ensure, if ^
possible, that all enquiries having that object in

Adew, shall be concluded before the close of the
official year, (30th April.) If this be not attend-
ed to much delay will occur in closing the an-
nual settlement papers.

8. Each cultivator will pay land tax for ^ach^j^^*^^j^^^*^
of the fields he tiUs through the Thoogyee in be^^ ^ ^"
whose circle such field is situated.

9. Land shall pay tax once in a year only ac- y^^^^ ^^^ ^
cording to its class, as paddy land or otheiwise,.

The ass^sment on palm and other trees which,
from peculiar circumstances, caimot be included
in the area of land paying revenue, will be Alter-
ed separately in the assessment roll (No. 3) as
well also the tax on dhanee plantations, and other
items as shown in the form annexed. But all
fruit trees should if possible be included in the
area of land assessed at a fixed rate per acre.
The rates of tax to be annually le\ded on trees ^^ i<^viabioon

assessed under this rule in each district, are shovn |
in the following table : —

4 (ri 0

4 0 0

4, 0 0

4' 0 0

41 0 0

I.-

I Prome.
' Myanoung.
loungoo

Amherst..

|T«voy

Mergui —
Martabkn..

Akyab

Romree. ..
Sandoway

Tree* u« not to be t»sed odImi
they hkvo arrived at maturity. The
rates here laid down are the rates
ipoaod on all trees which are

private property and Goremment
trees will b« charged for the ume
unlesi in special caaee, where palm
trees, nat private property in the
neighbourhood of towns, are let oitt

kyoungs an
not to be ti

The details of nets and sea-fisheries will be
shown in the return No. 16, and of bees-wax li-
censes in form No. 25.
°f 10. All applications for remission of tax must
be made, in the first instance, to the Myo-oke of
the township, who will, after personally enquiring
into the truth of the allied grounds for. remis-
sion, forward the application with his- report
thereon as early as possible to the Deputy Com-
missioner, or to the Assistant in charge of the
township. All applications for remission of tax
on account of drought, inundation, blight, or
other injury to a crop or on account of failure of
crop shall be made while that crop is still on the
l^und or they will not be received, unless good
cause is shown for the delay. Applications for
remission on accotint of wrong measurement, or
other causes unconnected wiui the couditioa of

151

the crop, shall be preferred wmthtn ten days from
the date of the revenue receipt being given or ten-
dered to the person from whom tax is demanded
by, or by authority of a revenue officer. K the
period of ten days be exceeded, such applications
shall not be received unless upon good cause be-
ing shown fop the delay.

jPor remission statement see form No. 26.

6BAKT8 OF WASTE LAND.

11, Thoogyees are empowered to make grants ^^®^**^°° J^
of small portions of waste or jungle land for pad- Cd^ by Thoo-
dy cultivation, not exceeding five (6) acres, and «y^« *Jomm^.
to grant exemption from tax on account of land SSnera. ®*°™"
which has lain fallow, xmder the following regula-
tions:— '

1st, — On a person making application for waste
or jungle land, it will be the duty of the Thoo-
gyee to go to the spot himself and make a sketeh
of the ground, or, if he connot do this, measure it
and note its boundaries. He will then attach a
notice to the zayat, or other public place of the
nearest village, and otherwise in the most effect-
ual manner inake it generally known that an
application has been made for the piece of
ground, and that unless cause is shown to the
contrary, within fifteen days from the date of no-
tice, it will be granted to the applicant. Should
no other claimant appear within the time stated,
the Thoogyee will give the applicant a grant of
the land, (form No, 8) and enter the grant in a
register of the same form to be kept by him for
the purpose. The grants will be numbered an-
nually by each Thoogyee, commencing at the be-
ginning of each Burmese year, From this state-
ment tixe return No, 6 is to be made out,

2nd. — ^A preference shall be given by the Thoo-
gyee in granting waste land under this rule to
the owner or owners of the fields nearest to and

152

adjoining on such waste land, if he or they niaki
application for it within the term of 15 days state<
in the notice required to be published by para. ]
of this section.

3rd. — Lands granted under this section shal
be exempted from assessment for different periods,
according to the description of jungle upon them
at the time of making the grant, agreeably to the
following table : —

Class.

Description of jungle.

Period of
exemption.

1
2
8

Short grass, if the land has not been
cultivated within five years

Loug grass, if the land has not been
cultivated within five years

Eeeds, elephant grass, bushes, whether
tlie land has been cultivated before or

XAV' V ••• ••• *•• ••• ••• ••• •••

Small trees not exceeding one foot in
diameter at 2 cubits above the ground

Large trees exceeding one foot in dia-
meter at 2 cubits above the ground...

1 year.

2 years,

3 years,
5 years.
7 years.

4th. — Land which in order to be cultivated re-
quires to be thoroughly drained, or strongly bund-
ed to prevent the entrance of water, shall be en-
titled to the same period of exemption as land of
the 6th class, without reference to the description
of jungle upon it. Land which requires the con-
struction of bunds, or dams for irrigation, at an
expense probably not exceeding four rupees per
acre of the quantity of land reclaimed or irrigat-
ed by means of the bund or dam, shall be enti-
tled to the same period of exemption as class 3rd,
without reference to the description of jungle
upon it.

Note. — The period of exemption is to be counted from the expiration
of the Burmese year in which the order is given, if that happens Jcai
than four clear months before the close of the year.

168

5th. — Land may be taken Tinder thi» sectioft
from the Thoogyee for the purpose of planting
fruit trees and other plants, and shall be exempt-
ed &om assessment for periods according to the
following table, without reference to the descrip-
tion of jungle upon it at the time of its allotment :

Class.

Description of trees and slirubs.

Period of
exemption.

1
2

Cocoanut, betebiut, mayan, spice and

all palm trees, except dhanee ...
Dorian, mangostein, dhanee, mangoe,

jack, and all other fruit trees, except

plantain

Plantain, pan vine, sngar-cane,* neeba

(madder,) &c, ...

... • • •

12 years.

8 years.
1 year.

6th. — ^The class to which any land, applied for
imder clauses 3 and 5, shall be considered to be-
long, is to be determined by the description of
jungle existing, or fruit trees or shrubs planted
on three-fourths of its area, or as near that pro-
portion as possible. When plantains are planted
bond fide only as shade to cocoanut, or other trees,
they will not be considered as forming a plantain
garden.

7th. — ^A Deputy Conomissioner may make grants
of land not exceeding 100 acres in extent each,
on the terms above-mentioned. They will be re-
gistered by him in a form similar to that pre-
scribed for Thoogyees. (No. 5.)

8th. — No person shaU, for the present, have
new lands on the above terms of exemption,
otherwise than as an addition to his existing cul-
tivation, or unless he has never cidtivated land
before. The circumstances however, of a culti-

* This does not apply to that description of sugar-cane which is an
annual plant.

154

vator kaving part of his existing cultivution botid
fide fallow, will not preclude him from ohtaining
Xresh allotments of waste or jungle land.

^^^ i*nd» 12. Should any one afterwards claim land
er owneiJ '^™ granted imder these rules to another party, he

must file a suit in the civil court for its reco-
very, hut in the event of a decree heing given in
his favor, the land will not he made over to hiai
until after the ensuing harvest.

Intention of re- 13. The intention of reelaiminff , or of trying

rlMTning lands tOi •! a 1*11 xi ••! 11^

be notified to hy a smt to reclami land on the prmciples declar-
Thoogyee. ^ \^ scction 12, must he noade known to the

Thoogyee hefore the fiill moon of Kasong in each
year, otherwise it will not, unless with the con-
sent of the cultivator, be made over until after
the ensumg harvest.

of it^^S"^- ^^' S^^^^ *^y cultivator, having received
riod^f exemi>t^]i land uudcr section 11» abandon the land so al-
provided against lotted him after the period of exemption, under

circumstances which prove that he had used the
land only for the profit to be gained fi-om it dur-
ing such period of free occupancy, and not for
purpose of ulterior cultivation, he shall be liable^
at the discretion of the Deputy Commissioner, to
assessment in arrears for the period of exemption,
either at the foil or reduced rate for land of simi-
lar description in the circle in which the land is
situated.

Period within 15. All land which has remained uncultivated,
w c granted, ^^ ^^^ wliich land tax has not been paid for a

period of twelve years, shall be absolutely at the
disposal of the Sl^te, and no person shall be com-
petent to raise any claim to, or upon such land
by reason of any former occupancy of, or right of
property in the said land on the part of himself,
his ancestors, or his family or any person what-
evCT.

155

16. Persons who have once made over to a ^i^^^ ^l^^^
Thoogyee or other revenue ofELcer, or abandoned^ doncdiiu^ under
that is to say, allowed one year or more to ekpse ^^ circum-
without either by themselves or their assigns oiiU

tivating or paying land tax on any land previous-
ly in their possession, or to which they have any
hereditary claims, slmll ordinarily be held to have
thereby forfeited all their right, title and interest
to such land thenceforth and for ever. But if the
land so made over or abandoned shall have been
for twelve years in the uninterrupted possession
of the person who abandons it, or of the party or
parties from or through whom he derives his title
to the said land, or of such party or parties and
himself in unbroken succession, then such pw-
sons, his heirs, or assigns, shall have the right
of reclaiming the said la^d at any time within
twelve years after the said land shall have been
made over or abandoned as aforesaid. Provided
however, that if the party to whom the land shall
have been allotted by the Thoogyee or other Gro-
vemment officer, shall have planted fruit trees,
strongly bunded it, or otherwise invested capital
in the permanent improvement of the land, the
person wishing to redeem it, shall only be allowed
to do so, on paying to the person in occupation
the value of such improvements, to be determine
ed either by private arbitra^on or a suit in court
as may be agreed upon by the parties.

This rule will not be applicable to lands grant-
ed by Government under the Resolution of his
Excellency the Governor-General in Council,
dated the 17tl;i October 1861, or subsequent rules
for purchase of land.

17. When land has been mortgaged and the Poweesion o£
mortgagee placed in possession, the right of the Sr^f^^ ^^
mortgager to redeem shall cease and determine ^^^ ot ownw
at the expiration of twelve years from the date ' ^'
originally fixed for foreclosure, or of twelve years

166

from the date of the mortgage, if no fixed period
for foreclosure was originally agreed upon, mort-
gagees, their heirs or assigns, in possession of land,
the right of redemption of the mortgage on which
has expired as aforesaid, shall be considered to
have acquired the twelve years* proprietory right
which under the preceding section entitles own-
ers, their heirs or assigns, to reclaim their land
within twelve years after they shall have once
abandoned it.
intentionof ig. All owucrs of land, whether coming un-
to he Parted to dcr the above descriptions or not, shall report to
Thoogyeqs. the Thoogyce in writing before the full moon of

Kasong in each year, if there is any portion of the
land previously held by them which they do not
intend to cultivate th^nselves, or for which they
have not provided a cultivator during the next
season. The Thoogyee may then make over the
land so left in his hands, or any portion of it, so
that the portion be in one parcel, to any other
person applying for it, subject to the right of
redemption laid down in section 16. Unless a
holder of land reports to the Thoogyee aa above
directed, he wiU be required to pay the tax on his
land, whether he cultivated it or not. After
having reported to the Thoogyee his intention
not to cultivate, he can only again take up the
land, or any portion of it, by authority from the
Thoogyee, who may, if the land be not already
made over to another party, restore it or any per-*
tion qf it, in one parcel, to the original holder.

CAPITATION TAX.

\5!i"'?i^ ^'^' 19- On or before the 15th lazan of Wagoimg

nectod with capi- « , ,-» rm •!•■ j t • iP /» ••

tation tax. of cach year, the Thoogyee will deuver m the fol-»

lowing returns : — ^

1st. — ^A return (form No. 9) showing the amount
of capitation tax payable by each person liable to

157

such tax, the number of males exempted, and the
reason of their exemption. From this the Depu«
tjr Commissioner will cause to be prepared sepa-^
rate receipts (form No. 10) for presentation to each
individual by the Thoogyee, who on receiving them
will proceed without delay to collect the tax, as
directed in the 3rd para, of section 4. In the
towns of Bassein, Myanoung, Prome, Thayet-myo
and Toung-oo, an annual land assessment is levied
in lieu of capitation tax. For the collection of
the assessment separate rules have been drawn
np. In the town of Rangoon a similar assess^
ment is levied under rules passed by the Govern-
ment of India, and in the towns of Akyab and
Kyouk-phyoo under Act XXXV of 1862, passed
by the Legislative Council of India. In these
towns the return will be in the form of the regis-
ter attached to form No. 9, and a receipt in that
form will be tendered to the tax payer. This re-
turn is to be prepared by the Goungs of quarters,
or Thoogyees.

2nd. — Statements showing the increase or de-
crease, or both, in the amount of the capitation tax
in his circle during the year, with a brief explan-
ation of the cause of eitner (forms 11 and 12.)

3rd. — A population and general statistical re-
turn, (form No. 13.)

20, The present yearly rates for capitation ?»te8 of capi^
tax are as follows : — ^^^^ **^

Pegu.

Districta ofRa/ngoan^ Sassein, Myanomig, and

Frame.

In the plains all married men under the age of
60 years, 5 rupees a year.

Bachelors between the ages of 18 and 60 years,
and widowers under the age of 60^ half that rate
&r rupees 2*8.

158

In certain townships of Pe^ the ordinary rates
of capitation tax will he lower than ahoye, thus : — *

In the part of the Htandawgyee circle, north
of the Lay-hen-pawh-yo and of the Leppan-khy-
oung, the rates will he 2 rupees for married fami-
lies, and one rupee for widowers and hachelors.

Township of Khyoung-tha, district of Bassein,
west of the Arakan hills, rupees 4 for married fami-
lies, and half rates for hachelors and widowers.

In the following townships of the district of
Prome the ordinary rates in the plains will be ru-
pees 3 for married families, and half those rates for
hachelors and widowers; — Mengdoon, Mengdat,
Myayday, Thayet-myo west, Kama north, Myohla,
and Tsindook,

In the district of Toung-oo the ordinary rate in
the plains wiU be rupees 4 for married families,
and half rates for bachelors and widowers.

In all the districts the rates of capitation tax in
the portions of country where the system of cul-
tivation termed "toungya" prevails, is as IpUows :

A married man under 60 years of age rupees 2
per annum, bachelors between 18 and 60 years and
widowers under 60, rupees 1 per anniun.

It is expressly to be understood that tribes who
hitherto have not paid capitation tax are not to
be called on to do so, or to pay any tribute what-
ever. Those tribes who already pay a fixed tri-
bute, will continue to do so.

Tenassebim.

Districts of Amherst and Martaban.

In the plains all married men under the age of
60 years, 6 rupees a year. Bachelors between the
ages of 18 and 60 years, and widowers under the
age of 60; half that rate^ or rupees 2-8 per ftiuiumt

159

In the hills, or where the system of tonngya
cultivation is followed, the rates of capitation tax
will be as follows : —

Married men under 60 years of age, rupees 2 ;
bachelors between 18 and 60 years and widowers
under 60, 1 rupee.

District of Twoy.

Married men under 60 years of age, per annum
rupees 4 ; bachelors between 18 and 60 and wi-
dowers under 60 years, rupees 2.

In the country east of Nwa-la-bo range south
of the Toung-byouk river and north of the Ta-
laing-yo river and village of Na-boo-lay, the fol-
lowing rates will prevail : —

Married men imder the age of 60 years, per
annum rupees 2; bachelors and widowers as
above 1 rupee.

District of Mergui.

Married men under 60 years of age, rupees 3.

Bachelors between 18 and 60 years and widow-
ers under 60, rupees 1-8.

In the country bordering on the Tenasserim
river above Yay-boo, and on the Bau-kyop stream
above the village of that name.

Married men under 60 years of age, per annum
rupees 2 ; bachelors between the ages of 18 and
60, and widowers imder 60, per annum 1 rupee.

Abakan.

Districts of Akyab and Mamree.

The ordinary rate in the plains will be, married
men under the age of 60 years, 5 rupees a year.

Bachelors between the ages of 18 and 60, and
widowers xmAer 60 years, rupees 2-8 a year.

160

In the plains of the townships of Aeng, noLarried
men rupees 4, bachelors and widowers, rupees 2.

The rates of capitation tax in the hill circles,
where the system of cultivation called toungya
prevails, wiU be as follows : —

A married man under 60 years of age, rupees 2,
widowers, 1 rupee.

Bachelors in the hill circles of Arakan do not
pay capitation tax. Tribes who hitherto have not
paid capitation tax are not to be called on to
do so, or to pay any tax or tribute whatsoever.
Tribes, who though paying heretofore have not
been assessed by tax biUs, will not be required to
receive such biUs.

District of Scmdoway.

In the plains, married men under 60 years of
age, 4 rupees a year.

Bachelors and widowers, rupees 2 a year.

In the township of Gwa the rates will be simi-
lar to those enimierated above for Khyoung-tha.

In the hill circles the rates will be as laid down
for Akyab and Hamree.

Tax when to be 21. Capitatiou tax wiU be levied only once in
^"^ the year, during or about the month of Wa-

goung, and wiU be paid to the Thoogyees in
whose circle the person liable to the tax resides.
The rolls should be closed at a given time, and no
after-assessment be allowed.

PerBons ex- 22. All fcmalcs, aU males, being less tlian 18

pH?^ ^? **" or ™^or® *1^^^ 60 years of age, Government ser-
vants, religious teachers, all students and school
masters, and those who from blindness, insanity,
disease, or otherwise are incapable of gaining
their livelihood, are exempt from capitation tax.
The Kyay-dan-gyee of every village containing 10

161

or more houses in which there is no salaried Yua-
Goung appointed, is also exempted from the pay-
ment of capitation tax in consideration of his per-
forming certain subordinate police duties, which
from the custom of the country devolve on him
in the absence of a Yua-^xoung.

23. Application for remission of tax on any AppUcation for
of the above pounds must be made, in the first ^^^^^ ^^^'
instance, to tne Myo-oke of the township, who

will forward it with his report thereon, as early
as possible to the Deputy Commissioner or Assist-
ant Commissioner in charge of the township. Ail
applications for remission must be made within
ten days from the date of the revenue receipt
being given or tendered to the person from whom
tax is demanded by, or by authority of, a revenue
oflBlcer. If the period of ten days be exceeded
8uch application shall not be r^eived, unless
good cause be shown for the deiay. In all cases
of verbal applications for remission of tax, the
Myo-oke will note the reason alleged for the ap-
plication, and not require a written petition, but
include the nature of the application in his own
report.

24. All immigrants from any jjart of the Bri- ^^^^^^"^ ^^
tish territory, other than the province of British *™°*^*^
Burma, will be exempted from capitation tax for

five years. Immigrants from foreign coun-
tries will also be exempted for five years. On
their arrival the Thoogyee will submit to the
Deputy Commissioner a register of their names
and former abode (form No. 14,) when a certifi-
cate of exemption will be granted them (form
No. 15.) All documents from Thoogyees to come
tlirough Myo-okes. It is the 'duty of the oflBcer
in chai'ge of the district to enquire at intervals,
whether all immigrants receive fcheir exemption
certificate or not. In his tour into the interior
this should be carefully attended to.

162
TAX ON FISHERIES.

two d^.^' °' ^^' ^^^ fisheries are divided into two classes :

Ist. — Sea, or salt water fisheries.

2nd. — Inland fisheries.

The first class contains those for which opera-
tions are carried on in the open sea by boats, or
in salt water creeks and estuaries.

The second comprises the different lakes, ponds,
tidal creeks, streams or rivers, in which fish are
captured by nets, screens, traps, or other contriv-
ances. In some cases a defined tract of country,
land and water, is rented out. In others mere
license is granted to use fishing implements.

Tax how as- £6. The tax upou the sea fisheries is assessed
fisheries!'^'* ^ upou thc traps called " dameng " and " hmyoon.'*

Each fisherman before commencing the season's
fishing, that is to say on or before 1st lazan of
Ta-soung-mong, is required to report to the Thoo-
gyee of his circle the number of traps he intends
to employ during the season.

of^^^°*~" 27. The Thoogyee will prepare and submit to

the Deputy Commissioners, through the Myo-oke
of the township, an assessment roll of fisheries,
both sea and river net tax, in form No. 16, The
Deputy Commissioner from this roU will cause
to be prepared in his office tax receipts (form
No. 17) which will be forwarded to the Thoogyee
for realization. The amount of tax on these
fisheries will also be entered in abstract under
column 15 of form 3. Turtle banks will also be
entered in this return.

poMibif to ^li 28. The Thoogyee wiU be held strictly respon-
Ection of tax. siblc for the due collection of this tax, and he

will be required personally to ascertain that all
persons employed in sea or river fishing have

163

been registered, and that the full number of traps
and nete in the possession of each person is as-
sessed.

29. As soon as practicable after the prepara- in^^^d ac-
tion of the assessment roll, the Thoogyee will for- crease.

ward to the Deputy Commissioner statements
showing the increase or decrease in this tax
during the year, with a brief explanation of the
causes of either (forms 18 and 19.)

30. Any fisherman attempting to evade the^^]^^^/"^^^'
payment of this tax by not reporting himself to

the Thoogyee, or understating the number of
traps used by him, will be liable to double assess-
ment upon all traps found, or which he can be
proved to have had in his possession during the
fishing season, or any part thereof ; and all the
fish and ngapee he may have caught or manu-
factured will be liable to confiscation. He will
likewise be liable to fine.

31. Of the inland fisheries the lakes and ponds Tax on inUnd
will be rented out by the year, on or about the full fSd^^nia, *
moon of Kasong, to the inhabitants of the villages

in their inmiediate vicinity, by the Deputy Com-
missioners or such officers as they shall authorize
to make the arrangement. No fishery can be
sub-let without the sanction of the Deputy Com-
missioner. The lease may at any time be can-
celled by the order of the Deputy Commissioner
or any superior authority, on good cause appear-
ing for such measure. The boundaries of inland
fisheries, whether ponds, lakes, or parts of tidal
and other streams, must be distinctly laid down
and are not to be extended on any account. No
streams should be dammed up which are required
for navigation ; nor should dams for fisheries be
allowed where cultivation is injured by the water
inundating adjoining land. Certain small creeks
in each district shoidd be left jfree and not includ-
ed in fisheries. It must be considered as a fixed

164

principle that fisheries, if too much extended, he-
come a source of oppression to the people. The
renter or renters of a fishery having defined houn«
daries merely acquire the right to take fish within
that houndary for sale, hut all the neighhouring
inhahitants have the right to take fish therein for
their own consumption and for their own house-
hold, free of any charge whatever. It is impossi-
hle to lay down fixed rules appUcahle to all cases
for regulating this assessment. The Deputy Com-
missioners must exercise theu- discretion in fixing
the amount to he levied annually on each fishery
with reference to its ascertained value and pro-
ductiveness. The amount will he paid to the
Myo-oke of the township, or direct to the treasury
of the district, as may he found most convenient.
Each fishery should he reduced in extent as much
as possihle in order that poor people may he ahle
to take some as renters. These nsheries are not
to he put up to auction. As a general rule one
half of the amount of tax should he taken at the
time when the amount of rent is agreed upon,
and security be taken for the remaining moiety,
which should he paid six months afterwards.
The detail of lake and pond fisheries is to be sent
annually to the Commissioner in form 20. For
form of license see No. 21.

nc^^be^ronted ^^' ^rccks and strcams of a lai^ size, used as
out main channels fOT navigation, should not be in-

cluded in fisheries rented out. In such streams
persons may take out licenses to use nets at the
sanctioned rates. In those creeks and streams
which can without public inconvenience be rented
out as fisheries, and in which dams or weirs may
have been permitted to be constructed, suitable
openings for the passage of boats must be left.

r^enSl«rcattie ^^' ^^ persou who shall prcvcnt, or attempt
SSdSig if^ter to prevent any one from bringing his cattle to
at a fishery. drink watcr at any lake, pond, stream or otht^r

165

water, oh the ground that it is included in a fij»h-
eiy which is rented from Government, or any per-
son who shall receive or who shall demand any
sum of money for permitting cattle to drink at
any place rented as a fishery, shall be liable to
the penalties described in rule 50, and, if the renter
of a fishery, his license shall be forthwith taken
away, and all sums he has paid to Government
for such fishery shall be forfeited, as well as any
dams, weirs, or other works he may have built
within the fishery.

34. In the event of the parties who have exe- ^^y ^ ^^
cuted a bond, agreeing to pay a fixed rent for the

fisheries of lakes and ponds, failing to pay the
amount of any instalments due, the lease of the
fishery for the remainder of the year will be dis-
posed of in such manner as shall be found most
advantageous. The lessee will be responsible for
any loss incurred.

35. All applications for remission of this tax Remission of
on account of losses sustained through an un-
favourable season, bursting of bunds, or other

causes, must be preferred ten days at least be-
fore the last instalment fiedls due to the Myo-oke
of the township, who, after personally enquiring
into the truth of the allegea grounds for remis-
sion, will forward the application, with his report
thereon, to the Depu% Commissioner or other
authorized officer.

36. Por the right of fishing on the seaboard Tax upon nets

-- . ., , 9 , ^^ t* It • used in inland

and in the mam nvers and creeks of the provmce fisiiories other
which are not included in the boundaries of fish- **^^^ *°^
eries referred to in rule 31, a tax is placed upon ^^
the nets used, the annual rates for which are
shewn in the following table : —

Litl of nrlt in rivert and ttrfam* and on the lealoard in tif
proeineet of Britith Burma, tBhich are liable to tax, with
amount of annual tax to be Ircied on each.

Name of dittrict and

rat

BOB

Pud

1 ^^; 1 Abakan.

Names or Nns.

li,

,- , -J

RRK

1 <l«w»

2 1 in»w ...

3 Hmway paik g»l»7 ■20

lo'io

4 Hmyaw paik eyee .■25

25252020

6 Hmyaw paik ng»y

6 Hmyawpaik

6 S

7 Htaay *

8 Knya and hmyooD

S Khyao lamoo

10 Khyecdoh

11 Kyeedoung

12 Kyoon gyee pftik

13KW0B

14 limoobysy

ISLamoogyee

16 L»y gweng paik

17 Lot matan paik

18 Letpadaopaik jt

10 Lootgyee

20 Lootngay

21 Mokkwoon 4

22 Myeet khena paik 5

23 Nga tha louk paik 6

4 5

24 Nga taein paik

^Ngawa

26 Nginpaik

27 Paikgyee 35

SS Paik kbyee do or kweet wood qaoDS- 30

205

29 Paik lot or hna loon queng

Si PaikUeik 10

31 PaiktMonkyro

32 Paik woon boo 30

■24

33 Pashoopaik

34 lUnpaik

12i 12t
10! 10

35 Tan aouDg paik

12t 121

30Twiid»

37 Tahway pMk gyee or paik touk gyee.

030 j 1201

38 Tshwai paik gJay

» S

020

39 2an dwin paik

JOWwngpaJk

167

It is to be understood that all licenses for nets
and traps, and all leases of lakes and ponds
terminate on the 30th April, at whatever period
of the year they may have been granted. But
in some districts the termination of the period
for inland fisheries depends upon local circum-
stances, which must be allowed for.

37. Applications for licenses to use nets are Applications
to be made through the Thoogyee and Myo-oke ^^' ^^^^^^

of the township, where the privilege is proposed
to be exercised. Half the amount is to be paid
in advance. The Myo-oke will then report to the
Deputy Commissioner, who will issue the license.
The amount of tax due upon all nets is to be col-
lected by the Thoogyee of the circle where the
fisherman follows his calling. The annual state-
ment of inland nets made by the Thoogyee, will
be in the same form as for sea fisheries (No. 16),
an abstract of which is to be given in column 15
of form No. 3.

38. All fisheries situated in townships or cir- , .fi"^®'"^®\^^
cles, where, from the nature of the country, the excluded.^' ^^
system of toungya is pursued, shall be free. No

licenses for nets or otherwise shall be required to
take fish in streams or ponds in such circles.
The fishing in the streams of remote places also
should be free, although the system of toungya
does not obtain.

39. Any person found fishing without a li- fi^^^J^'^^out'I
cense within any inland fishery which has been UochbI
leased out, will be liable to fine, and, in default of

paying the same, to imprisonment or to attach-
ment and sale of his personal property in pay-
ment of the same. Such portion of the fine or
proceeds of the sale of property as may appear
proper to the officer deciding the case, may be
paid to the party injured. If no property, or in-
sufficient, be found, imprisonment will be carried

108

out with abatoment at the discretion of the oflB-
cer presiding.

Penalty for poi- 40. Anv pcrson putting the bark called

Bomng fishene.. ,, j^^^^ „ ^^ ^^^ ^^^^ ^ ^ MxeTJ, wiU be SUb-

jected to a fine of rupees five hundred, and if
done by the farmer himself, ox with his know-
ledge and consent^ the fishery will also be re-
sxmied.

SALT TAX.

tax.

Rates of salt .jj ipj^jg ^3. jg levicd upon the pots employ-
ed in the manufacture. The annual rates at pre-
sent are as follows : —

In the Pegu division — each earthen pot holding
about 6 gallons, 12 annas in the Rangoon and 8
annas in the Bassein district ; each iron cauldron,
5 rupees or at tlie above rate, according to capaci-
ty. In the Myanoung district, 1 rupee for each
iron cauldron, and 2 annas for tiadi earthen pot,
if used.

In the Tenasserim division — each earthen pot
producing on the average 1 viss of salt at the
boiling, 8 annas ; each iron cauldron rupees 2-8 or
at the above rate, according to the capacity of its
production. In the Martetban district the rate
is 6 annas on each earthen pot. In the Ara-
kan division the rate is 6 annas for each ear-
then pot.

to b^^i^^"b* *^' ■'■^ *^^ month of March of each year, the
ThoogyeS. ^ Thoogycc wiU visit each of the salt manirfactorios

in his circle, and ascertain by a personal examina^
tion the number of pots and cauldrons in each
furnace. He will include them in his general
assessment roll. The Deputy Commissioner iviL
cause to be prepared and delivered to the Thoo-
gyee, for collection, a tax receipt (form No. 22.)

169

43. As 8oon as practicable after the prepara- . statement o£
tion of the assessment roll, the Thoogyee will for- "**^'^®*^ "*^ *^®'

crease.

ward to the Deputy Commissioner, statements
showing the increase or decrease in this tax dur-
ing the year, with a brief explanation of the causes
of either (form 23 and 24).

44. Any manufacturer who fraudulently con* Pcoaitiea for
ceals from the Thoogyee any of the pots or caul- evasion of tax.
drons used by him in the manufacture of salt,
shall be charged double assessment on all pots or
cauldrons which mq,y be found, or which may be
proved to have been in his possession during the
season, and all the salt he has manufactured will
be liable to confiscation. He will likewise be
liable to fine.

BEES WAX.

45. In form 25 is given an assessment roll Bees' wax.
for bees' wax.

GENERAL RULES.

46. Any person who fails to pay any amount processes

against re^
defaulters.

of tax due by him within ten days after a demand gainst revenue

being made, and a receipt oflfcred by, or by order
of a public officer, or any person who, after dili-
gent search cannot be found in order that the
tax bill or receipt may be presented to him, shall
be liable to the following processes : —

1st. — A written order to be issued by the Myo-
oke of the township on the complaint of the
Thoogyee or by the Thoogyee himself, if so au-
thorized by the Deputy Commissioner, warning
the party that unless payment of the amount of
tax, with all expenses incurred by reason of the
default, be made within ten days from the date of
notice being served upon him, or affixed to his
dwelling, or otherwise published, he will be liable
to arrest and imprisonment in the civil jail, and
his property, real and personal, will be atta<;hed.

170

and will be liable to be sold in satisfskotion of the
demand.*

2nd. — At the expiration of the time fixed, if
the defaulter still neelect to p^ or to appear, he
may be apprehendea by the Myo-oke and for-
warded to the Deputy Commissioner to be con-
fined in the civil jail, the whole of his property
will at the same time be attached ; his personal
property will, after due public notice of not less
than ten days, be sold first, and if that is insuffi-
cient to satisfy the demand, then, and not other-
wise his real property also.

3rd. — ^After the sale of real and personal pro-
perty the defaulter shall not be liable to further
imprisonment, or to arrest, if he shall satisfy the
Deputy Commissioner of the district that he has
not wilfully concealed or made away with any of
his property, but has done his best to pay the
amoimt due.

CommiMionpaid 47. The amouBt of commission payable to
oogyees. Thoogyees upon the revenue collections, is ten
per cent, on all collections up to rupees 6000 within
the year. If the collections exceed that amoxmt,
half the above rates of per centage will be allowed
on the surplus.

Aooounis, Ac 48. Every Thoogyee, on his appointment, will
SJxfJ^^^y report in writing to the Deputy Commissioner

what docmnents he has received charge of from
the person he has succeeded, and for what year.
It is the duty of the Deputy Conmiissioner, and
of the Assistant ConomissionerB^ and of the Myo-
oke, to see in their tours of [inspectioii that the
revenue retoms, &c., are carefully preserved by
those under their authority.

* By reguUtioD 5 of 1812 nctioii 14 (Ben^ Code) ploughs and other
inplementB of husbftiidry, o«ttle enq^loyed m vgricnlture and the tools
of utizans are not subject to distress and sale on aoooont of arrears of
rent. The powers of distraint possesaed by a odleetor in the regulation
pruvinccs an the same ai thoae jpawsd by a private proprietor in the
proyinces against his tenants. See regulation &XVII of 1803^ section
HeUuseZ

171

49. Any Thoogyee whe omits to meafiure land neSSk^'d*'^'
in the proper season, or who delivers take or in- ^oUier offeJ^
correct returns or accountsj or who in any way ^y Thoogyoe^
neglects his duty, or delivers any tax bill to any
one but the tax payer, or any other than the per-
son duly authorised to collect tax, or disobeys
any lawful order of his superiors, wlQ be liable to
fine or suspension or dismissal from office, at the
discretion of the Deputy Commissioner.

60. All complaints against Government re-, PenaitiM for u«
venue officers or persons employed in the revenue ^L^^&Siw*
department, of making or b^ng accessories to ""^
unauthorized collections and receipts on any ac-
count, or of corruptly receiving more than is due
to Government, shall be received and decided by
the Deputy Commissioner, or may be r^erred by
him for tnal to his Assistant. Persons convict-
ed of such offences shall be liable to be sentenced
to refund the amount reacted, with damages equal
to double the amount as well as a heavy fine to
Government proportionate to the drcumstances
of the offends, which decree shall be enforced by
the process prescribed in other cases ; and if the
property of the offender, which shall be applied
in the first instance to make good the damages
and costs adjudged to the party injured, shall be
in any case msu£Scient to make good the fine to
Government, the officer before whom the case
may be tried may order the fine to be conmiuted
to imprisonment for such period, not exceeding
six months, as on consideration of the case may
appear to him adequate to the offence.

51. Any person who maliciously or vexatious- fJ?^"^****™^^'
ly makes a false complaint, or resists any process and n^S^oo of
in the revenue department, may be punished, by vnoeaa.

the officer befc»re whom such complaint may be
decided^ with fine.

52. All comphiints relative to arrears of Go- by^'hom tolS
vermnent taxes or disputed revenue accounts trM,

172

shall be received and tried by the Deputy Com-
missioner in his capacity of revenue collector. A
Deputy Commissioner may refer any such cases
for trial to his Assistants, or he may empower an
Assistant to try than without a special reference
in each case.
CompUi^t ia 53. ^u complaints connected with arrears or

revenue matters j* !• ± 11 a-i* • n

before whom tobe exactions of rent on land, or of dispossession of
preferred. lauds, houses, premises, wells, watCT-courses, or

disputed boundaries beyond the limits of the
Town Magistrate's jurisdiction, shall in like man-
ner be heard and decided by the Deputy Com-
missioner in his capacity of revenue collector, pro-
vided the complaint is preferred within three
months from the date on which the cause of ac-
tion arose. The Deputy Commissioner will sum-
marily execute his decrees in cases connected with
rent or land under clause 2, rule 4i6. No appeal
shall be allowed in such cases ; but any party
may, if dissatisfied with the decision, institute a
regular suit in the civil courts to set it aside, and
to obtain the rights or redress to which he consi-
ders himself entitled: Cases under this rule may
be referred to Assistants for trial.
rAnguageofre- 54. Cascs tried by Deputy Commissioners or
revenue ^j^^jj, Assistauts in their capacity of revenue offi-

cers, may ordinarily be recorded in Burmese ; the
final order, that is the decision and the reasons
for it, will, however, be invariably written in
English by the officer deciding the case, if that
is his vernacular language, and a translation filed
on the record. It will, however, be at the discre-
tion of the officer trying the case, to record the
proceedings of cases under section 50 in English,
where he may consider it advisable to do so.
ck^inrevenue 65. Jn all cascs tried in the revenue depart-
ment, the officer deciding them may award ex-
penses of suit at his discretion, and if the ex-
penses are not paid may levy the amount by dis-

173

traint of the personal property of the party liable.

56. All orders of the Assistants and Extra As- Aijpe*Uu
sistants are appealable to the Deputy Commission-
er, and all orders of the Deputy Commissioner
are appealable to the Commissioner, provided the
appeal is preferred within fifteen days from the date
of decision. This rule applies to all orders and
decisions passed in abkaree or other revenue cases.
The Commissioner may also, if he sees fit, revise
any order of a subordinate, although the period
of appeal be passed.

57- An Assistant may be placed by the Com- ^ Aaawtant may
missioner in charge of a township with the pow- dl^'^r^'!
ers of a Deputy Commissioner, but under his ge- "^p-
neral supervision.

58. All holders of grants of lands in British Return to be
Burma shall comply with such instructions as^J^J^^^d.^
they may from time to time receive from the

Deputy Conunissioner of the district in which
their grant is situated, relative to furnishing re-
turns of population, of capitation tax, and C(0m»
statistics relating to their grants. Such returns
shall be furnished in the same form as those re-
quired from the circle revenue officers. Any
grantee refusing or neglecting to give such re-
turns when duly required from him, or furnish-
ing wilfully false returns, will be liable to fine.

59. Any grantee or other person who shall Penalties for
offer obstructions to the measurement of any land SiewI^Mit* of
in his grant, or of other land in his possession ^^^

after the measurement has been duly authorised
by the local revenue authorities, or shall incite
other persons to do so, shall be liable to fine and
to payment of all expenses incurred through his
act of obstruction.

60. The amount of all fines imposedunder these , ?^f ^ ^^ J«-

1 .1 • 1 1 J* Alised, may be

rules, except such as are miposed under section oommated to un-
50, and the amount of all expenses ordered to be pri«>nm«nt,
paid, may, if not paid by the party or parties lia-

174

bl^, be levied by the sale of his or their personal
property ; or if not paid and no property be found,
or property insufficient to cover the full amount
of the fine, the party may for each case be sen-
tenced to imprisonment in the dvil jail for any
period not exceeding three months.

Puniahmentfor 61. The brcach of any provision in, or the
ht^ of revenue QUjiggi^jj ^^f any act required by any of these rules,

will, when no amount of fine or other specific pe^
nalty is assigned in such rule, subject the offend-
er to a fine not exceeding two hundred rupees for
each ofibnce, and in default^ to imprisonment not
exceeding tluree months.

Revenue re- 62. In the officc of the Deputy Commissioner,
towMdSr ^ ^ *^® revenue returns will be made out according

to forms 26 to 37 inclusive, and forwarded to the
Commissioner with the revenue report, as soon as
practicable after the close of the official year.
The returns of sea and river nets as No. 16, and
and of lake and pond fisheries No. 20, are also
then to be forwarded, being full copies of those
received from the Thoogyees. They may be in
* Burmese.

Population re- 63. The Deputy Commissioner will also for-
*'*™' ward on the 1st January of each year the popu-

lation return of his district, (form No. 39) and re-
turn of emigrants and immigrants (form No. 40.)
These are m^e out from the returns of the llioo-
gyees of the previous month of Wagoung (vide rule
19.)
Betomiof mia. 64. A rctum of all miscellaneous receipts and
edirbtr*^'*' '*' collections will be made to the Commissioner an-
^ nually, in the form No 43.

Appeals. ^^* '^ appeals from decisions or orders in

the Revenue department by the Conunissioner
of a division, must be made to the Chief Com-
missioner within thirty days from the date of sucdi
decision or order. Copy of the order or decision
appealed against must be filed.

175

The Chief Commissiotter may call for the pro<-
ceedings of any revenue court or office in the
province of British Burma, although no appeal
may have been made therefrom, and may pass
sucn ordars thereon as appears to him proper.

66. All appeals made from orders or decisions stamps.
passed by the Deputy Commissioner in revenue
cases, must be made to the Commissioner of a
division on a stamp of the value of one rupee,

and appeals or special appeals to the Chief Com-
missioner must be on a stamp of the value of two
rupees. Any oth» petition or application in
revenue matters to the Commissioner of a division
must be on a stamp of the value of eight annas,
and to the Chief Conomissioner on a stamp of
one rupee. Copy of any order or decision filed
must be on a stamp of the value of eight annas.

No petition, application or appeal made to any
revenue officer, except a Commissioner or Chiei
Commissioner, need be on stamped paper.

67. The tune within which appeals may be Appeal jgainjt

, 1 xi_ 1 -n 1 1 J. 1 orders in the »b-

made under these rules will apply also to appeals ksree depart-
made against orders in the abkso^e department, ™^^J^^f?a^
and against orders under other rules connected otiier mies.
with revenue or taxes. Appeals in the abkaree
department, and against orders passed under other
rules connected with revenue, must be made upon
stamped paper of the same value as is fixed for
appeals made to Courts of appeal under these
rules.

68. The annual returns to be made to the ^^J^oJi*^
Chief Conunissioner, are marked 1 to 13 in the commiasioDer.*^
book of forms. These returns should be despatched

so as to reach the Chief Commissioner s office
not later than the 1st of September of each year.
A complete report on the revenue of the division for
the year is to aoconapany the statements. Direc-
tions regarding the principal subjects which are to
be treated of in the report are added in a minut6.

176

RULES

For the employment of Assistants and Ex-
tra Assistants of the first class in reve-
nue administration, when stationed away
from the head-quarter station.

1. Every Assistant or Extra Assistant station-
ed away from a head-quarter station of a district,
will have a certain number of circles or townships
placed under him. Such circles will be designat-
ed by the Deputy Commissioner with sanction
of the Commissioner of the division.

2. All assessment rolls, either for capitation
tax or for land, will be delivered to the Assistant ;
he will inspect them, and is responsible for their
correctness. He is expected to make personal
inquiries into the entries, so as to satisfy himself
whether they are, on the whole, correct or not.
He will then certify on the assessment roll that
he has inspected it, and inquired both as to per-
sons and land entered therein, and will add whe-
ther it is correct or not, with his signature.

3. He should proceed personally round a vil-
lage to ascertain if the entries in the capitation
tax roll are correct, and he should measure a
certain proportion of the land of each village to
ascertain if the area has been correctly entered.

4. AftCT having signed the roll he delivers
it to the Thoogyee to take in to the Deputy Com-
missioner.

5. With due diligence such inquiries will not
delay the delivery of a capitation assessment roll
into the Deputy Commissioner's office beyond the
the middle of August. In regard to the assess-
ment roll for land tax, the Assistant, in as many
cases as possible, should superintend the first con-
struction of it by the Thoogyee, and not wait un-

17?

til it has been completed. By thus scrutinizing
the formation of the land assessment roll, the
Thoogyee will be instructed in his duty, accuracy
\^dll be obtained, and delay prevented. This roll
should always be in the Deputy Conamissioner's
office by the middle of February,

6. All collections of revenue will be made by
the Thoogyee as heretofore, but he should be di-
rected to refer to the Assistant for orders in all
cases of difficulty.

7. Each Assistant should be empowered to
receive and inquire into all cases of application
for remission of tax, within the circles under his
orders. He should forward his proceedings, with
a distinct recommendation on each case, to the
Deputy Commissioner, or he may be empowered by
the Commissioner to pass final orders in such cases.

8. The Assistant should be empowered to
grant certificates of exemption from capitation
tax to all new settlers. He should countersign
the Thoogyee's report of such cases to the Deputy
Coinmissioner, as the register of them must re-
main in the Deputy Commissioner's office. It is
his duty to search out cases and require the Thoo-
gyee to make the report regarding the arrival of
the new settlers.

9. The Assistant Commissioner will also see
that the Thoogyee correctly prepares the registers
of jungle lands newly brought into cultivation.
He will countersign these registers. The popu-
lation returns he will also countersign.

10. The Assistant generally has a complete
control over the Thoogyee in revenue affairs, but he
will never take charge of cash collections. For the
safety of these the Thoogyee is alone responsible. ■

11. All land measures should work under the
direct orders of the Assistant Commissioner, or
Extra Assistant in the circles under them.

178
STAMPS.

The following portions of schedule -B., Act No. X,
^1862j are applicable to revenue cases in Bri*
tish Burma.

Artide 5. Copy of a jndgment or order Proper 9tampi.
not being a decree if passed by a Court be-
low tbe Sndder Court, or in any rerenue rupees, annas.

V^UTv ... •■■ ••• «•• ••• ••• " ®

If passed by the Sudder Court 1 0

If the judgment be translated into any other language,
application for a copy of the translation may be made on un-
stamped paper, and a copy of the translation may be given in
addition to, or in place of, the copy of the judgment, and shall
bear the same stamp.

Exemption.

Copy of any judgment, decree, or order, if pas-
sed otherwise than on appeal in any Court below
the Sudder Court in any suit, or in relation to any
suit, or in any revenue Court in which the value
of the claini does not amount to fifty rupees when
such copy is taken out of the Court making the
same.

Article 6. Copy of any revenue or judi-
cial proceeding, or order not proyided for in
article 5, or fidling under the exemption to
that article, or copy of any account, state-
ment, report, or the like, taken out of any
dyil or criminal Court, or any reyenue Court
or office for use or reference, or when left on Ttoper BUtmp.
proceedings in place of the original with- rupees, annas.
drawn.... per sheet 0 8

Artide 7. Copy of any deed, instrument,"! J^Sf ^J?:S
or writmg, stamped in accordance with sche- S when such stamp
dule A annexed to this Act, when left on ^doos not exceeds
proeeediugB in place of the original with- ' ss., otherwise a

OrftWn. stamp of 8 as. p^-'r

^ Bheotfe

179

Article 8. Mooktearaamah, wakalainamah, aad other
power, filed or presented for the conduct of any case in any
Court of justice, or before any revenue authority : —

Proper stampM.

rupees, annas.

When presented to the Sudder Court ... 2 0

When presented to the Board of Beyenue
or other chief controlling revenue authority. 2 0

When presented to a Commissioner of re-
renue, or to a Commissioner of customs, not
bcin^ the chief controlling revenue authority. 1 0

When presented to any Court, civil or
criminal, other than the Sudder Court, or to
any Collector or other revenue officer ... 0 8

Article 9. Petition of appeal, not being from an order re<
jecting a plaint, or from a decree or order having, by any law,
the force of a decree ; and petition or application presented to
any civil court, shall be written upon stamp paper of the
following value, viz j —

Proper ttamps:

rupees. annas«
When presented to the Sudder Court ... 2 0

When presented to any Court below the
Sudder Court 0 8

SPECIAL BULB.

Artide 10. Petition of appeal to the
Board of Bevenue or ojiher chief controlling
revenue authority 2 0

Any other petition or application to the
Board of Bevenue or other cnief controUing
revenue authority 1 0

Exemptions.

Petition to a Collector or officer making a set-
tlement, relating to matters connected with the
assessment of lands, the ascertainment of rights,
or to any other matter affecting the settlement of
the Govermnent revenue on land, if presented
pending the formation of such settlement.

Petition to a Board or Commissioner of Beye-
nue relating to the same.

GuNBRiJi BuLSS. — If the subject matter of any
plaint, written statement, petition, or copy of a
decree or order cannot be oonyeniently comprised
within ^ne stamp paper of the yalue prescribed

180

by this schedule, one or more additional pieces of
paper may be used bearing a stamp of the value
required for petitions. This rule does not apply
to copies of judgments ; any additional pieces of
paper required for such copies do not require to
De stamped.

MINUTE

OK THE PRBPABATION OP THE ANNtTAL REVEKTTB
BEPORT FOR BACH DIVISION OP BRITISH BURMA.

Rangoon, 1st September 1864.

i. On the 1st May 1863, the Chief Conmiis-
sioner issued a minute relative to the preparation
of the annual revenue report. It is now reprint-
ed to be attached to the revenue rules with such
alterations as have become necessary..

2. Bevised forms marked from 1 to 13 have
been issued, and copies are now attached.* It is
expected that the annual report from each division
will reach the Chief Commissioner in (all) August.

3. The entries in form No. 1 will suggest the
main points to be noted in the report. First in
importance is the land tax. The area of the cul-
tivated land for the year and the assessment
thereon, both as compared with last year, should
be carefully noted and explained. Any increase
or decrease in cultivation, should be fiilly and
clearly explained, as well as increase or decrease
in assessment or tax. It is clear that if there has
been an increase in, the rates of tax per acre, there
may possibly be an increase in money, while
there is a very dangerous decrease in area. It is
necessary therefore to explain everything. Then,
the explanation should be separate for each kind
of cultivation; — ^paddy land, gardens, miscella-i
neous, or toungya. In some parts of the country,
in the plains, toungya cultivation is very perni-
cious, and should be prevented as much as pos-'

* Note, — ^FormB not inserUd in this Manual,

181

SJible. Proposed remissions on account of land
should be very fully and carefully explained, the
area of the land and the description of land on
account of which remission is asked, and the
amount of tax due thereon being distinctly stated.

4. It is frequently supposed, that when there
is an increase of cultivation, little or no explana*
tion is required. This, however, is not the case.
Explanation in»6uch cases is desirable with res-
pect to future years. For increase sometimes
comes from fortuitous circumstances, which are
not likely soon to occur again. It should be
stated in each year, what area of the assessed
lands is land which had been exempted in the
previous year on account of being new, and for
how many years it had received exemption. Land
cidtivated in previous years and thrown out of
cultivation, for whatever cause, should be noted on.

5. In districts where assessment is made by
quengs^ and rates vary on blocks of land close
adjoining each other, it is essential that the De-
puty Commissioner should watch the eflFect of
those rates closely. In the report it shoidd be
noticed, whether the existing rates on a queng
show, ftom a total increase or decrease of culti-
vation therein, that the rate is probably too high
or otherwise. In such case every inquiry should
be made with a view to lowering the rate if
deemed necessary. The general result of an al-
teration of rates, as it has tended to affect the
cultivated area, should be carefully shown, and
the former and existing rates per acre be men-
tioned.

6. In districts where leases have been granted
for a term of years, they should be fully noticed
in the annual report. . Whether they have suc-
ceeded or not, and whether the payments have
been prompt, and an increase of cultivation by
the lessees actually brought about.

182

7. Any sale of waste land, under tlie Goyem-
ment rules, should be carefully noticed, as well
as grants under rules of Government for more
than one hundred acres.

8. Tlie next heading of importance is the
capitation tax. The explanations required will
refer not only to the money collections, but to
the number of persons taxed. Further explana-
tions as to increase and decrease should be given,
whether arising from increase of rate of tax, new
settlers becoming liable to tax, or natural increase
of population. For towns, where a house tax
exists in lieu of capitiltion, similar explanations
are required.

9. The number of tickets of exemption issued
to new comers should be carefully entered, and
notice taken of the countries the settlers have
come from. It is, of course, understood that no
person passing from one district or division of
British Burma to another, is considered as a new
settler. *

10. A full report is also to be made regarding
fisheries, explanation being given both of in-
crease and decrease. It shoula be stated whether
the lakes and ponds have been rented out to the
neighbouring villagers, or put up to auction.
The latter method should never be resorted to.
It is far better to lose revenue, than to have re-
course to a plan which throws the people on the
tender mercies of a speculator for one of the
necessaries of life.

11. Of late years the revenue derived from
salt has been very imcertain. In a country hav-
ing a capitation tax, it is not considered desirable
to raise a large revenue from salt, still the duty
on the manufacture must be carefully seen to, and
full explanations be given as to the rates of excise
and the causes pf increase or decrease.

183

12. The forest produce also is to be fully ex-
plained.

13. Aa a special report is made on customs,
details are not here entered into as to what is re-
quired for this heading in the annual revenue re-
port. But full explanation is to be given regard-
mg increase and decrease of duty.

Export and import of jade stone and all articles
over a quarter of a lakh in value, to be noted se-
parately.

14. The Abkaree is also to be fully explained.
It should be shown of wljat separate items this
branch of the revenue is composed ; whether opium
(net pipofit on sale of the drug and farmer's rent)
and other drugs, spirits, toddy and so on, and how
the revenue is token, whether by an excise duty
on the consumption per gallon, or by farming out
the right to sell. Any increase or decrease will,
of course, be fully explained.

15. All other items of revenue will be also
carefully explained, and I need hardly say demand
particular care and attention.

16. The local funds will be carefully separated
from the imperial revenue. These also should be
lucidly explained ; in the town of Rangoon some
licenses for sale of liquor have lately been made
over to the municipal fund. The local funds' re-
ports and returns, though submitted at the same
time as the revenue report, are to be entirely
distinct and separate. iC^orms for the annual ac-
count of local funds are under preparation. A
general memo, of the accounts demandablc, will
continue to be made at foot of return No. 2, in
order to get an idea of the whole revenue demand
for the year at a glance.

17. There are many other small items of re-
venue which will require remark, but which it is
not necessary here to particularize. Diumee

184

plantations in Rangoon and Bassein to be worked
at toungya rates.

18. The report should enter very fully into the
state of the balances due on the revenue for the
year. The balances due on Slst July, or date of
report, should be shown separately for each item,
as: —

Land rupeefl

Capitation ,»

EisherieB i,

Abkaree n and so on.

19. Full explanation should be given as to the
causes of delay in receiving payment and the pro-
babilities there mscy be of all being still collected.

20. A separate paragraph should be devoted
to a report on persons who have been put into
jail for not paying their revenue. A return in
form No. 12 is required.

21. Finally, the above directions are given as a
gmde to what is absolutely essential, and should be
noticed in the report. But each division 'will no
doubt present many peculiar subjects worthy of
notice.

22. Each Commissioner is requested to report
fully on the merits of officers in charge of districts.

23. In all cases where embankments have
been formed to exclude inundations, or weirs
built to retain water, or canals to convey it for
irrigation, or drains dug to carry off superfluous
water, the same should be noticed in the annual
revenue report, and the effect of those works on
agriculture should be detail^.

In order to do this, the Deputy Commissioner
of the district should be instructed to direct the
Thoogyees of circles to enter separately in their
land assessment rolls, and to be distinctly speci-
fied, land cultivated in consequence of such works
and improvements. In the revenue report the
area of such land should be carefully mentioned^

185

and all interesting or useful information regarding
it, be placed on record.

It will not be necessary, however, to show se-
parately in the rolls, land which has been culti-
vated in consequence of embankments, or other
works, imless the quantity so cultivated by reason
of any one work would exceed one hundred acres.
In all cases it should be stated whether such
works have been constructed by Government, or
otherwise.

RULES
For the collection or a 5 per cent, cbss for

LOCAL purposes IN BRITISH BURMA, AND FOR
LAYING OUT THE FUNDS SO COLLECTED TO THE
BEST ADVANTAGE. SANCTIONED BY GOVERN-
MENT OF India in letter No. 461, dated
25th January 1865, from Financial Se-*

CRETARY,

Eangoon, 29th August, 1865.

1. For the present this cess is leviable for
local purposes on the following taxes only : —

Land tax. Fisheries. Net tax.

It will not be leviable for land tax in towns
where municipal tax is paidv All settlements of
land or fishery revenue for a term of years will
include this cess.

2. The cess is in addition to, and is not to be
deducted from, existing rates on land and fish->
cries. It is payable in the following proportion
for each head : —

PER CEirr.

^I^^vUaO ••■ ••• ••• ••• •«• ••• ••• JU

Education 1

A^l^IVCT m m m ••• ■«• ••• ••• ••• ■•• ^

Chowkeydary or village watch 2 J

Total... 5 per cent.

186

3. In each tax-payer's tax receipt for land,
fishery, or net-tax, an additional column will be
entered showing the amount of cess payable by
him at the rate of 5 per cent on his tax.

4. This cess will be collected by the Thoo-
gyees at the same time as the land or other tax,
and will be paid by them into the treasury in a
separate sum ; each Thoogy ee to show clearly how
much is paid on accoimt of imperial revenue^ and
how much on account of cess.

5. After the Thoogyees' accounts have been
checked in the district revenue oflB.ce, the differ-
ent sums will be carried to credit ; the regular
revenue in the imperial treasury books, and the
cess in a separate form, as below described
(form A.)*

6. The several district ofl&cers will keep in the
revenue oflSce, assessment and account books of
this cess, in forms A and B.

Form A should be maintained for each circle,
and should have (as usual) a total running ac-
count appended to it — ^vide A.i

Perm B should be a debtor and creditor ac-
count for each of the (4) four ftinds.

7. The transactions of each fund are to be
kept quite distinct.

8. The diflFerent amounts to credit of each
fund will be shewn separately in plus and minus
memoranda at close of the month as those of
other local funds are now shewn.

9. A quarterly return, form C, will be sent by
each Deputy Commissioner to the Commissioner
of the division and the Accountant General, shew-
ing the balance in favour of each fund.

10. The expenditure of the funds must be con-
fined strictly to the purposes for which they are
intended; but with the sanction of the Chief

* KoTE. — ^Forms not inaerted in thia Maniud,

187

Commissioner, on the recommendation of the
Commissioner of a division, a sum to credit on
account of one heading may, on good cause being
shewn, be loaned or transferred to another.

11. Deputy Commissioners can sanction and
carry out works, the outlay on which will not ex-
ceed rupees 200 — all works requiring a greater
outlay, must be sanctioned by the Commissioner
of division,

12. A quarterly return, form D, of the works
carried out, and of the amount expended on each,
will be sent by each Deputy Commissioner to the
Commissioner for transmission to the Chief Com-
missioner's office, on the 1st May, 1st August,
1st November, and 1st February.

13. All propositions regarding establishments
of schools, of district dkks, village watchmen, or
of clerks or accoxintants required for keeping up
books, &c., involving the monthly pay of an esta-
blishment, must be submitted for approval of
Comnussioners of division prior to sanction.

14. In all schemes proposed, it must be dis-
tinctly kept in view that the money must be de-
voted to those measures from which the greatest
advantages will accrue to the people who actually \
pay the cess.

15. Thoogyees will be entitled to the usual
rate of ten per cent, on the collections of cess, or
if their revenue collections exceed 6,000 rupees,
to 5 per cent, on cess collections, and to latter
per-centage in excess of rupees 6,000 when both
revenue and cess exceed that amount.

16. The cess is to be levied on the eighth,
and not on the sixteenth, part of a rupee — ^thu»
if the tax amount to rupees 1-8, the cess will be
leviable on rupees 1-4.

188

BULES

For the sale of unassessed Waste lands, and
roR THE Redemption of the Revenue of

SUCH LANDS ALREADY GRANTED FOR A TERM OF
YEARS, IN THE PBOYINOE OF BRITISH BURMA,
TOGETHER WITH A SCHEDULE OF UPSET PRICES
PER ACRE.

Fvblished in the Calcutta gazette ; under notifi^
cation No. 160 A. Foreign department^ dated
Simla, the SOth June 1863.

2b which is added a list of lands reserved
mth reference to rule No. 25.

1. All unassessed waste lands in which no
right of proprietorship or exclusire occupancy
is known to exist, or to have existed and to he
capable of revival, are available for purchase un«
der these rules, unless specially reserved under
rule 25.

2. No greater quantity of land than five thou-
sand acres shall be sold in one lot, except with
the express sanction of the Chief Conunissioner.
If for special reasons, in particular localities, a
lower maximum area than five thousand acres
should be determined upon, it will be duly noti*
fied hereafter. There is no prohibition against
the same person applying for two or more lots
of land, provided that each application comprises
no more than five thousand acres^ or such other
maximum as may be prescribed.

3. Every lot shall be compact, and shall in*
elude no more than one tract of land in a ring
fence ; and when the lot touches a public road
or navigable river the length of the road or river
frontage shall not exceed one-half of the depth
of the lot ; provided that if, for any iqpecial rea<*

189

sons, the Chief Commissioner shall see fit to relax
this restriction it shall he competent to him to do
so. No lot will he sold unless it has been pre-
viously surveyed and demarcated^ or until it shall
haveheen surveyed anddemarcated,in consequence
of an application for purchase. The survey need
only he in sufficient detail to ensure the ready
identification of the boundaries of the lot, and to
ascertain its gross area. If on completion of the
survey it shall appear that the area of the land
applied for exceeds the prescribed maximum^ thq
excess shall be excluded.

4. K it should appear from the survey or other*
wise that the apphcation does not comply with
the conditions, the Deputy Commissioner may
call for an amended application, and in the event
of a revised application not being given in within
fifteen days, the application shall be held to be
cancelled and the deposit shall be returned to the
applicant, less the amoimt of expenses actually
incurred for advertisement, survey, and the like.

5. Applications for the purchase of waste land
shall be made to the Deputy Conmussioner of
the districts, and every application shall contain
the following particulars : —

1st. — ^The estimated area of the land applied
for.

2nd. — The situation of the land and its bound*
ariesj as accurately as can be ascertained.

Applications shall immediately be entered in a
register in the form A. attached to these rules.

6. If the Deputy Commissioner be satisfied
that the land applied for is available for purchase
and within the conditions prescribed in rules 2
and 3, and if it has been previously surveyed and
demarcated, he shall advertise the lot for sale on
a given day at lEm upset price of not less than one
rupee asi acre on the whole area. The adver^

100

tisoment shall be published in the Deputy Com-
luissioner^s office, in the Covurt of the principal
Judicial oflScer of the district, and at the revenue
and police posts nearest to the property, as well as
in any villages on the land or adjoining thereto.

An advertisement shall ^.Iso be published in the
local newspaper. The form of advertisement is
given in annexure B^ A sum of 16 rupees to
e^ver all estimated expenses connected with ad-
vertising shall be paid by the applicant in advance
at the time of application,

7. If the Deputy Commissions be satisfied
as above, and if the land have not been surveyed,
he shall cause it to, be surveyed and its boundaries
demarcated, the estimated cost of such survey and
demarcation being first deposited by the applicant.
On the completion of the survey, the advertise-
xuent of sale shall be published as above.

The sum to be deposited wUl include the esti^
mated cost of clearing the boimdaries for survey,
but is not, under any circumstances, to exceed
four annas an acre.

8. The day of sale to be named in the adver-
tisement shall not be less than thirty days from
the date of publication, and the sale shall be held
at the Deputy Commissioner's office. The sale
may be postponed, if in the Deputy Commission-
er's judgment it should be necessary, due notice
being always given of the date on which the sale
will be held.

9. Sales shall be hdd quarterly on the 2nd of
May, 2nd of August, 2nd of November, and 2nd
of January, or on the first day after those dates
on which the Deputy Commissioner's office may
be open. Where a sale is deferred the notice of
the date fixed for it will be given by an adver-
tisement at the Deputy Conuxiissioner's office^ If

191

the day to which the sale is postponed he more
than fifteen days after the date originally fixed^
the date to which it is deferred shall be published
in the manner prescribed by rule 6, for the origi-
nal notification of the day of sale. In this case
all expenses of advertisement shall be borne by
the Government,

10. If before the sale no claim of proprietary
or occupative right in the land bo preferred, the
lot shall be sold by auction to the highest bidder
above the upset price, or to the applicant at thq
upset price if there be no higher bid.

11. The cost of survey and advertisment will
be payable by the liighest bidder in addition to
the upset price. Immediately on the conclusion
of the sale the highest bidder (if he be not the
original applicant) shall deposit a sum equal to
four annas an acre on the whole area of the lot.
In default of inamediate payment of this deposit
the Deputy Commissioner may at once re-scll the
lot. If he thinks it necessary he may refuse to
recognize any bid which is not supported by the
deposit of the amount required by this rule. Im-
mediately a sale is made it shall be entered in a
register in the form C. annexed.

12. On payment of one tenth of the purchase
money and of all expenses of survey, demarcation,
advertisement and sale, the purchaser shall re-
ceive a deed in the form D. annexed, signed by
the Deputy Commissioner, conveying to him the
lot, in full hereditary and transferable proprietary
right free for ever from all demand on account of
land revenue; but subject, nevertheless, to all
general taxes and local rates imposed by law and
to the provisions of Act 23 of 1863, and any other
legislative enactment which may hereafter be
passed for disposing of the claims of third persons
subsequently preferred.

192

13. If before the day of sale a claim of pro-
prietary or occupative right in any part of the
land be preferred, the Deputy GonmuBsioner shall
investigate the claim, and if satisfied that it is
grounmess shall reject it and proceed with the sale.

14. If on investigation any such claim should
appear to be well grounded the Deputy Commis-
sioner may either reject the application for pur-
chase of the lands or refer it for the orders of the
Commissioner. In the former case the applicant
may appeal to the Conunissioner.

15. The Commissioner may direct the Deputy
Commissioner either to reject the application or
to proceed with the sale of the land either unre-
servedly on the conditions prescribed in rule 2,
or if any claim to right of proprietorship, occu-
bancy, or use in any part of the lands be esta-
blished to the satisfaction of the Commissioner,
with a special reservation of such right, or exclu-
sive of the area in which such right exists. If
the application for purchase of the land be reject-
ed the amount deposited shall, at the discretion of
the Court, and according to the circumstances of
the case, be forfeited or returned, less the amount
of expenses actually incurred for advertisement,
survey and the like.

16. On being put in possession of the lot the
purchaser shall be bound to erect as many sub-
stantial boundary marks of masonry, and within
such given time, as the Deputy Commissioner
may think necessary, failing therein the Deputy
Commissioner may cause the boundary marks to
be erected and recover the cost thereof from the
purchaser under the ordinary procedure for reco-
very of arrears of revenue.

17. If the land be purchased by any person
other than the applicant, the estimated cost of

193

surrey deposited by the applicant shall be rettim-*
ed to hiitL.

18. The purchaser may, if he choose, pay the
whole of the purchase money when the lot is sold
or the deed delivered to him. Or if he choose he
may pay a portion, not being less than ten per
cent., at the time of sale, and the remainder in
instalments at any future time, not being more
than ten years from the date of sale. In the lat-
ter case simple interest at the rate of ten per cent
a year will be charged on the unpaid portion of
the purchase money, and the whole lot will re-
main hypothecated as security for the full dis-
charge of the amount, including principal and
interest, and be liable to sale by order of the
Deputy Conmaissioner, if the said amount be not
paid within the stipulated period.

19. The interest due for any year or part of a
year under the above rule shaU be payable on or
before the 15th of May, and if the amount be not
paid on that date the Deputy Commissioner may
realize the amount by sale of the lot, under the
rules in force at the time for sale of estates on
account of arrears of revenue due from other
estates. Any balance of the purchase money
which may not have been paid up before the 15th
of May of the tenth year following that of the
sale, may be realized in the same manner as an
arrear of interest outstanding on that date. The
proceeds of the sale shall be applied, in the first
instance, to the payment of costs of sale, and to
the satisfaction of the demand of Government ;
the surplus shall be payable to the late registered
proprietor or proprietors on their joint receipt.

20. If the purchaser fails to pay one-tenth of
the purchase money and all other expenses with-
in tnree months from the day of sale, the Igt will

194i

be put up to sale again on the same cxmdiiions as
before and sold at the risk of the first purchaser,
whose deposit will also be forfeited.

21. The upset price as given in the annexed
schedule will be cc^eulated on the whole area of
the lot without any deduction on any account
whatsoevCT.

22. If it should at any time be found that the
Bame land has been included in more than one
lot, it shall be held to belong to the lot first sold,
and all subsequent sales shall, as regards such
land, become null and void. In the event of any
dispute regarding the boundary of two or more
adjoining lots, the Deputy Commissioner may, on
the applicaticoi of any one of the parties, re-ad-
just the boimdaries of the lots, and his dedsion
shall be final. The price paid by any subsequent
purchaser for land thus excluded from his lot will
be refunded to him with simple interest at ten
per cent.

The sum to be refunded will be calculated on
the average price paid per acre, excluding the
cost of survey and advertisement.

23. Grants which have already been given for
a term of years at progressively increasing rents
will be treated as if the land were pemuinently
settled, if the holder wishes to redeem the future
land revenue at the highest rate fixed for any
year during the currency of the grant, provided
there is no right of occupancy other than that of
the lessee or that derived firom him. The rates
for redemption will be calculated accordiDg to the
market rate of four per cent. Government secu-
rities at the time being, as directed in paragraph
76 of the despatch of Her Majesty's Secrets^y of
State, dated 9th July 1862.

195

24« All sales of waste land and all the re«
demptions made under these rules in each division
will be reported immediately to the Chief Com-
missioner in the form of an abstract of the entry
from register B. prescribed in rule 11 above; but
no sale of waste land once made by a Deputy
Commissioner in conformity with these rules will
be disturbed by any higher executive authority.

25. Reserves of inland fisheries and forest
land, of land for the growth of fire- wood near towns
and stations, of bmlding sites, parks, recreation
grounds, and the like, and of land required for
other special purposes are not to be sold under
the rules without the express sanction of the Chief
Commissioner. A list of these lands is under pre*
paration by the Chief Commissioner, and when it
has been approved by Government it will be pub-
lished. In the districts of Prome, Myanoung,
Bangoon, Bassein, Toung-oo, Martaban and Am-
herst certain tracts of forest land are reserved and
no grant will be made therein imtil the Deputy
Commissioner shall, on each application, have
communicated with the Deputy Superintendent
of Forests, who will refer to the Superintendent
and that officer and the Commissioner of the divi-
sion will proceed under the special rules marked
D. attached hereimto.

26. Lands for the purchase of which applica*-
tion has been noade under the resolution of the
17th October 1861 will, if such application were
duly registered, be dealt with in accordance with
the terms of the said resolution so far as the law
allows.

All proceedings taken in conformity with the
resolution of 17th October 1861 will be recogniz-
ed, and the pending proceedings will be continued
und^ the proyisions of that resolution. Where

196

the application has only heen made and register-
ed, the next step will be the issue of the adver-
tisement required by paragraph 17 of the reso-
lution. If the advertisement has already been
issued and the term of it has expired, the Deputy
Commissioner will proceed to give the applicant
a certificate of allotment, under paragraph 18,
unless others have come iforward with offers to
purchase the land, in which case the lot must be
put up to auction under paragraph 80 of the re-
solution. In all such cases the sales will be re**
gulated by tlie present rules.

Rules for redemption of land tax.

- 27. Under paragraph 26 of the despatch of
Her Majesty's Secretary of State, dated the 9th
July last, a discretion is granted to Government
to slUow redemption of the land revenue in respect
<5f " lands required for dwelling-houses, factories,
gardens, plantations, and other similar purposes.'*

Under this authority the Chief Commissioner
wiU be prepared to receive applications from the
proprietors of lands of the nature above indicated
for the commutation, by a single payment for
ever^ of the land revenue assessed thereon.

28. The price to be paid will, under paragraph
75 of the same despatch, be fixed accordmg to the
actual value at the time being of Government
four per cent, securities.

29. Under paragraphs 35 and 75 of the de-
spatch, redemption will only be allowed where the
revenue is found to be fairly assessed, otherwise
•' a full, fair, and equable rent " will be imposed
as a necessary preliminary to the measure.

197

Form A.

REGISTER OP APPLICATION FOR WASTE LANDS UNDER THE ORDERS OP
THE GOVERNOR GENERAL IN COUNCIL NO. 4206, DATED 15th AUGUST
1862, PRESCRIBED BY SECTION 3, OF THE RULES FOR THE SALE OP
WASTE LANDS IN BRITISH BURMA, DATED dOvK JUNE 1863.

TORM B,

Meferred to in rule 6.

NOTICE.

Sale of Waste lands.

Notice is herety given, that a lot of waste land
consisting of about acres, situated in dis-
trict, and bounded as shewn at the foot of this
notice, having been applied for by under

the niles for the sale of waste lands in British
Burma dated will be put to sale by auction

to the highest bidder above the upset price of
rupees an acre, on the day of 18 ^
at the office of the Deputy Commissioner of
The sale will be made in the maimer, and subject to
the conditions, prescribed by the rules above cited.

Boundaries of the lot.

A. B.,
JDeputy Commiemner,

198

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9l^v^ oq^ qoiqii no 8^c[

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potiad pov B^aam^vd ^M
-j[9^m }o ^nnooiv piiv o^^q

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-Of loparo sq^ tn sopra 9q)

199

FoBH P.
Deed qf conveyance referred to in rule 12.

Know all men by these presents that the Chief
Commissioner of British Burma has conferred on
, his heirs, executors, administrators, and
assigns the grant of a tract of land, measuring
British statute acres , situated in , to be
holden by him in full proprietary rights, subject
to the following oonditions :—

1. The purchase monev for this grant is rupees
of which rupees have been already paid.

On* the if the entire money has not been

paid up interest at 10 per cent, per anmmi will be
charg^ on the balance, and thereafter imtil the
entire purchase money be paid up such interest
will be chai^eable on all unpaid arrears of the
purchase money, and all payments by the grantee
shall be first carried to the credit of any outstand-
ing arrear of interest due on such purcl^e money,

2. Arrears of interest shall be treated in the
same manner as arrears of land revenue, and be
subject to the same measures of reah^ation.

3. No transfer of proprietary right, or transfer
of interest or creation of new interest in the grant
beyond a lease of three years, will be recognized
by the Civil Courts or the Revenue oflBoers of
Government, unless duly registered in the office
of the Deputy Commissioner of the district in
which the grant is situated.

4. The right of way heretofoire enjoyed by the
public in roads now existing in the grant is not
to be interfered with.

5. The grantee is to erect permanent bound-
ary marks round his grantf and to l^eep them in
a state of repair, and m the event of his failing to

* Enter the date calculated three months from date of this d€ied«
t This will ordinarily be done at the time of survey.

200

do so after due notice the Deputy Commissioner
may cause them to be erected or repaired, and the
cost thereof will be recoverable from the grantee
in the same manner as arrears of revenue.

6. The grant conveys the plenary right to all
products both above the surface and below the
same (here any exceptions which may have been
approved by superior authority to be noted.)

7. The prescriptive rights of other proprietors
in streams running through, or bounding the es-
tate, will be maintained for purposes of irrigation
or navigation and for the transport of timber or
other property, and for other purposes of general
utility. The Government reserves to itself tlie
right which it everywhere possesses over all such
streams, whether for purposes of irrigation or na-
vigation ; and whenever it sees fit can assume the
control of the waters and distribute them in such
manner and on such conditions as may seem most
conducive to the public good.

8. The lands included in this grant are shewn
in the subjoined table : —

Furcliaso money.

3^:

201

3oundarie8 — North,

South,
West.

9. On the payment of the purchase money in
f^ with all arrears of interest the grant will be-
long to the grantee free for ever from all demand
for land revenue.

10. The title conferred by this grant will not
exempt the proprietor from any taxes, cesses or
liabilities (other than liability for the land revenue)
which may hereafter be imposed by law.

The tract of coimtry situated within the limits
described below is specially reserved from sale for
forest purposes under clause 23 of the rules.

First. — ^The Irrawaddy river from the frontier
to Myanoung.

Second. — ^The Pankaben To, which in the rainsk
connects the Irrawaddy and Meimakha river.

Third. — The Meimakha and Hline river to the
mouth of the Maubee Khyoxmg.

Fourth. — A line from the mouth of the Maubee
Khyoung along the line of water-shed defining
the drainage into that stream pn the south and
thence to Pegu town.

Fifth. — A line from Pegu town to Sittang town.

Sixth. — A line from Sittang town due east to
the Beeling river, and thence along this river and
the creek joining it in the rains to the Kyouk-
sareet Kiiyoimg.

Seventh. — ^The Kyouksareet and Domdamee
Khyoungs downwards to the mouth of the latter.

202

Eighth.— A line due east from the mouth of the
Domdamee Khyoung to the Hline-houay river.

Ninth.— The Hline-bouay and Daghine river
upwards to the top of Donat range.

Tenth. — ^The east slope of the Donat range at
an elevation of 2,000 feet to the top of Mollait or
to the Siamese boundary beyond it.

Eleventh. — ^A line firom the top of Mollait or
the Siamese boundary beyond it to Lampha vil-
lage on the Houndraw river*

Twelfth. — A line from Lampha village due west
across the Attaran river to the hills dividing the
Winyeo river from the sea shore.

Thirteenth. — ^The east slope of the hills between
the Zammee and Winyeo rivers on the one and
the sea shore and the Yeh river on the other side,
as far as the Siamese boundary at the three pago-
das.

2. These boundaries will be subject to modifi-
cation from time to time under the orders of the
Government of India.

3. Should it in any instance be uncertain whe-
ther any land applied for is situated within or,
without these boundaries, the case will be referred
by the Commissioner of the division to the Su-
perintendent of Forests for report, and the order
of the Chief Commissioner thereon will be final.

4. When an application for waste land within
the above described tract is made to the Deputy
Commissioner, that officer or any person deputed
by him, shall, with the applicant and the Assis-
tant or Deputy Superintendent of Forests in
charge of the Forest division, proceed with as
little delay as possible to examme the locality,
and the Forest o^eer shall then report to the Su-
perintendent of Forests. This report shall con-
tain a sketch map of the locality, shewing the re«

203

latire position of the land applied for to the near-
est teak localities, the streams or roads required
for the transport of timber, the nature of the jun-
gles on the land, and such other particulars as
the Superintendent of Forests may from time to
time direct to be fUmished in these reports. To
this report the Deputy Gonmussioner will then
attach his remarks and despatch it to the Com*
missioner of the division, who will record his opi-
nion and forward the report to the Superinten-
dent of Forests.

5. The Superintendent of Forests will, if the
report appears to him sufficiently precise and com-
plete, record his opinion and recommendation as
to whether the land or any part of it may be
granted or not. If the report is not satisfactofy.
the Superintendent of Forests shall be at liberty
to call for farther information, either direct from
the Forest officer, or from the Deputy Commis-
sioner, through the Commissioner df the division.
The Superintendent of Forests will submit his opi-
nion and recommendation to the Chief Commis-
sioner, whose orders will be issued through the
Commissioner of the division for commumcatioui
to the parties concerned.

6. No actual forest land, whether under the
conservancy management of the Forest depart-
ment or not, shall be sold under these rules with-
out the special authority of the Government of
India.

7. All sales of land that has been leased out
to persons with authority to fell timber will be
subject to the conditions of the several leases as
to the conpensatlon to be paid to the lessee by
the grantee ; or, where no such special conditions
Jiave been made, the grantee will be liable to such
payxnents on tMs account as the Chief Conamis-
aioner «hall, m each ease, consider equitable.

204

SCHEDULE OF THE UPSET PRICE OF WASTE LAND (NOT
INCLUDING RESERVED TRACTS) PER ACRE IN BRITISH
BURMA, UNDER RULE 21, PEGU DIVISION.

DiSTBICT.

TOWVSHIP.

Ufsxt prics.

RAiroooir,

BABSxnr,

Proms,

MTAKOrNO,...
TOUNO-OO DISTRICT,

PEGU DIVISION.

Syriam,

Dftwbono,

Thongwi^

Pegu,

Angyee,

Poungleng,

Hmaubee,

ZynQganyne

IngaboOy

Pyapong,
. iSwaybone,
(.Four remaining Townahips,

(Thee Kywn Pebeng»
Basaein,
Shwe Loong;

Gwa Khyomig,
- KhyouDg Tka^
Yegyoe Pandaw, ...
Kyouk Khyonng Galay. ...
Myenoo^
LBmyathul^
w Six remaining Townahipa,

KalaUiinga,
Myohla,
Bootley,
Pvimbouk,

Thawonatoli,
Myanaddy^
Kama,
Shwelay,
Myodoung^
Tsindokf
Kyoon gone^
Mmdoon,
Mindet^
Mogap,

Nyoungbintaelk, ...
Thayet,
Meada^,
Ooosteit Toimg,
Yona Line,
. Rest of District,

The whole District,

j Myoma,

) Three remaining Townships,

B8.

▲.

2
2
1

4
12

1
2

1
e

205

BCBEDlTLE-^eofUinued. )

District,

t •••

MARTABlASri

9
• • •

Township.

Upsbt frigb.

TENASSERIM DIVISION.

Zaya» Circles of

Moodonff,

Kamiouk,

Toungkeea Kyoung,

Maijan,

Kaupaiun,

Balook,...

Waikalee»

Nantay,

Maiyoun,

TheeTharo,

Kyke Myaw,

Kareen Yua,

Meedoung,

Phanoaa,

All thereat,

Beeloogyoon,

Gyne Attaran, Circles of
Kyou Taw,
Nvoungbenzeik,
All the rest,

Gyne Salween, Circles of
Kadoe, ...
PhaooD,
Phataka,
All the rest,

Attaran, ...

Wagroo, Circles of
Amherst,
Khit Kine,
AhThat^
All the zest,

Tea and Lamjme, ...

Four remaining Townships,
' Kyouk Kyee, Circle of
Kvouk Eyee,
AU the rest,

Shoay Gheen, Circles of
Anouk Phet,
Thayet tha Maine,
Qnindaliah,
Kyoung Bin,
All the rest,

Sittan^ Circles of

Sittang and Shawy

Hlai, ...
The rest,

Beeling, Circles of
Kykehto^
Tyke Kalah,
Kjiw Ka Mm,
Keen Ywah,
All the resty

3
2

4
3

2
1

2
1
1

2
1

2
2

0
8

0
0

8
8
0

8
8

8
0

8
8

8
0

0
0

0
0
0

0
0

206

SOHED U LR—fc(mHm»ed:)

District.

TowirsHiP.

Umr TRICE.

( TENASS£RIM DIVIBIOK—

(conchtdecL)

RB.

M«rtaban, Circles of

Martaban,

( 4

Zagadoon,

r ^

KMine,

Darine,

Mookoe,

Poung,

Martaaan, leondud-

Tsanpanago,

9 \ ^
00 1 • « • • • •

Thatone, Circles of

Thatone,

Qaw,

)

2Simgyaing,

Mainee €k>iig^

Kyke Taw,

Daimoo,

Phagat^ Circles of

Binlyne,

All the rest.

^YoonxaleeOy

' North £a8t Diviaioiit

Mft

South East Division,

Tavot,

' West Division,

North East Karen,

.South East Elaren,

^ Mergui Division, ...

MMBOUtf M*

1 Burmese Palaw,

i Burmese Tenasserim,

( Four remaining Townships, ...

ARAEAN DIVISION.

' Anouk Ngay, Circles of

Mrotheet Kyoung

Mrotheet

Rivet nyo-doung...

^ 1

Minga la-gree ...
Phreng Phroo ...

Remaining Circles

Rathay donng, Circles of

Angoo maw,

Aktab ...

Tharetpreng,
Kyoung Dung ...
M!otsee-gree
Nvoung-bin-gree ..
Motsee,

Htee-tsway,

* 1

Ngoay-doun£^ ...

> 1

Tsyne-din,

Tlia-gan,

Remaining Circles,

207

SCHEDXTLB; —f continued. )

District.

TowiTBHtp.

Upskt fricx.

KjLXAA—(contniU£d)

It*

•••

ARAKAN DIVISION—
(ooHtviued,)

Ooreet-touAff Anouk, Circles of
Meek Kala-gya,
Taw-gao,
Wa-bo,

Tsabhata Toung-bhet,
Tsabhahta Mrook-bhet,
Yo,

Yoh-goo,
Hsiog Deni Dein,
Yotalop,
Oung-tseit,
Remaining Circles ...

KoladaD, Circles of
Kolaian,
BalaAsliay,
Thauhtounff,
Rala ADouky
Bemainiog Circles, ...

Rak-hyne-mro-hong, or old
Arakan, Circles of

Hsengo,

Phwaida»

Ok Krwat,

Ranwa,

Ran Khyoung^

Kola-pan,

Padaw,

Rak-hyne-mxD-hong . . .

Loolin-byo»

Zeeza,

Thoo-gnai-oaw,

Ashay laymroKhyoung

Remaining Circles, ...
Oorcet Toung'Asl^yy Circles of

Pra,

Tseen-ddk

Ilseng-byke,

Tseen dot-gree,

Tha loon-touo^

BoadooDg

Remaining Circles, ...
Minbra, Circles^

Alai,

NyaQumray,

Khoung-loung;

•<.

*•■

•••

Pra-khvoong,
Tounfl bhet,
Krin Mee Kyway,
Khanphrai,
Htein d vne
Kywai det,
Let pan dyne^

•«•

■ • t

*■ •

1
2

1
I

••• I

12
0

0
0

208

SCBlSDUljE^fconcltuUtLj

DlSTBICT.

Township.

Ufsxt Prick.

RAlflt««^

m»r

Savdowat,

• at

f ARAKAN DIVISION—
famchidsd,)

Sixn bra, (concluded J Circles of

Taw daw,

Kgazmryne,

Dynebon,

Remaining Circlea^ ...
Akyab, Circles of

Toung l^youn^

Khsnsoung Khyoung. . .

Kaa byno gree,

Kau breng,^

Mrouk Prui,

Peui na Khyouni^ ...

Mrai ngoo,

Inga rak hyre.

Remaining Circles «r.

f Kouk Phyoor Circles of

Tsoon bau Kyre, r«.
Ko Ko, r„

Kwoon Khyoung,
Myo Khvoung ...

Ngwa^ dwen doo^ ...
Remaimnff Circles ...

Ramree — ^AU tne Circles
thereof

Aeng — ^All tbe Circles thereof

Cheduba, Circles of
RajkeooB,
^ Remaining Circies^ ...

■

Northern, Circles of

Khaying-gyee,

Kyouk-taga,

Remaining Circles, ...
Central — All the Circles thereof
Southern, Circles of

Kyeintalee bya,

Remaining Circles ...

1
1
2
1

1
2

2
I

1
2

1
1

0
8

0
0

8
8

0
8

a
o
o
a

0
Q

0
0

209

ci ^ ^

S CO- a

£ i S

^ 2 ^

O aq a

X^ B5 ^

ei D ^

. *^ fl»

§ S w

•^ H H

<i »^ fa

s S ^

U H ^

C 5r. ^

*^ •** »— •

•** S Q

^r 5^ S

v-i V', <e5

H as W

•"• ri cn

02 w ir

•^ $ <!

i^ ^ f^

a X

55 3 &

2^ '<^ S

S ?i w

'j:* -^^ ;&;
O ^ 2

^ *Jl to

as
O

f r

tO^^ CJS

•SOliilAIQ

: ■3'S

»u to
bO.3

o '^

• "^"^

= :?1

6 cs

o o

fah-4

•3

,2 «

S*
^

c o

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PL4

tl)

^ i «J

-»* fl

«>

'.^(Si^

PC}

KVHVHV

S bo

-^ e8

•^ w 3 ^'

i-l ^CO'^lQ CD ^

fri

▲ A

210

wiHassvxai

211

■|^-a|

'lif

SA^^jiA o*^' o' <5 <5 c5 <5 ^

• g •« "w *» "w *« IS *T3 'w tS 'O TJ •©

b
O

o o

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8 .JS

ft °«

^ S c8 a _
§5 5* a

SI 6;>,> 3

• »rt • • •

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■ • • •

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..g . . .

. I . . .

o' o* 6 <5 o' d <5 d <5 (5 d d d

^3 ^J ^J *Q ^J ^J '^ '^ T3 ^S 'O ^3 ^3

J&AS^^Ao66 6 6 d Q'

'O r3 *9 'v ^S *w 'O 'O ^ TS 'w '^ '^

^rt ^3 ^^3 ^3 ^O ^O ^^r ^w '^i ^w ^3 ^3

J fig

S'S's'S'sl

'T3 •H •v^ •'^ '^ O

5 o 5 o o CO

^ «ta

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o

xioaa

i M

I. S» 1=. -I - |« 3 » 1.H1
^1 lllpriij IS III 1 ll

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'vr

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-. J Is :.!l -3:2 i2

II ;sl Is Sf SS I b|' I
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lit I

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rill

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llllllll ii III^HI iltftl

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rvupiipwwj -aoaj

213
EEVENUE.

No. 154.
The ZOth March 1865.

NOTinCATIONS.

The following rules for the grant of waste lands
in British Burma, alternative to the rules publish-
ed in notification No. 150 A, dated 30th June
1863, are published for general information.

A. COLVIN,
Offg. Under Secy, to Govt, of India.

REVISED RULES.

1. The waste lands in the province of British classification of
Bumoia shall be classed as follows, and being the ^^^
property of the State, the local revenue officers
are, subject to the confirmation and orders of the
Governor General in Council, hereby authorized
to give grants of the same to all persons rent-free,
and liable to futiu'e assessment for the periods,
and at the rates, specified underneath. No de-
duction will be made on account of sites of houses,
water-courses, roads, and so forth.

Descbiption of jungle land.

d
e

•43

Kates of future aS'
sessment and du-
ration thereof.

I
s

1
2

3
4
S

Forest jungle on hills

Forest on plains, including mangrove and )

other trees, jungle in swamp (

Bush jungle, all kinds everywhere

Reed and long grass jungle

Short grass jungle and fallow land

Years.

16
8

4
2
1

8
4
2

Years.

32
16

214

On the expiration of the complete term of years
of each grant, as above set forth, it shall be at the
option oi the grantee to demand a settlement of
tlie land revenue of his grant in perpetuity at the
rate of one rupee and a half for each acre, per
annum, payable to Government, and such pay-
ment shall be the mfiYimnm rate payable for ever,
as land revenue for such grant.

fo^t^ to d^' ^' ""-^ determining the class to which each grant
mine class of may bclong, and to avoid vexatious investiga-
whoie. tions, the character of three-fourths of the area,

or as near that proportion as is possible, is to be

considered as that of the whole.

The revised rates per acre payable under rule 1,
will be declared applicable to all grants made
under the rules for Pegu, passed by the Governor
General in Council on the 6th March 1861, and
under the rules for Arakan, passed on 5th Sep-
tember 1839, and amended on the 6th October
1841, on the grantees agreeing to pay the follow-
ing cesses to form local funds, viz : —

For Roads, 1 per cent.

,, Education, 1 „

„ District dak, i „

„ Village chowkeedarree,... 2 J ,.

Total 6 per cent.

on the annual amount of assessment for the land
revenue, and in addition to such land revenue.

All grants made under these present rules will
also be liable to cesses of the same amount for the
same objects, and these cesses shall be payable at
the same time that revenue is payable by the
owner of the grant, and default will be treated
in like manner as default in payment of land re-
venue.
GTaiits not to 3, No grant for agricultural purposes is to be
io,ow»cres.^^° made imder these rules of a greater extent than

ten thousand (10,000) acres, or within a distance

215

of four miles from the nearest part of the bound-
ary of the jurisdiction of the town Magistrates of
Eangoon, Mauhnain, and Akyab, and jfrom the
Court houses of the Deputy Commissioners of all
other districts. Within tlie above limits it shall
be competent for the Deputy Commissioner, with
the sanction of the Conmiissioner to make grants
under these rules, not exceeding (100) one hun-
dred acres, and upon such conditions as, with re-
ference to the natiu'e and situation of the land
applied for, may be specially fixed and determin-
ed, these rules being taken as a general guide for
the terms.

4. Provided that no grant of land shall, un- . ^t^.wi.^

i.«xiin, .. mchule hsiiencs,

less under special sanction oi the Comimssioncr, forests, &c.
be made to include any portion of a fishery leased
out by Government, or any right of way thereto,
nor any teak forest, nor any land used for the
manufacture of salt, nor any navigable streams,
nor land below high- water mark on the sea shore,
or on tidal streams ; and provided also that tlie
right of Government to resume portions of any
grant required for public roads or other works,
shall, in aU cases, be, and is hereby reserved, and
such resumption shall be made imder Act VI of
1857, or other similar Act in force at the time
such grant shall be made.

5. All lands assigned under these rules shall diSy^^ ^prnpo^ny
be the hereditary property of the grantees on the ^^ the gi antee.
fulfilment of the prescribed conditions, and on

the execution of a bond binding themselves to
abide by the prescribed conditions, they shall be
entitled to a grant to the above effect.

6. Should any grantee neglect to fulfil the g.^ts^'^'^^^^'' ^^
terms specified in these rules, or any portion of

them, the grant is to be resumed, but no resump-
tion is to be made without due notice havincr been
served on the grantee, requiring him to show
cause why his • qjstate should not be resumed ;

216

xifter which proceedings are to be held, and the
decision to be fonnally recorded in each case, the
same being open to appeal in the usual manner.

nrant^ea to bo 7. Grantccs who have not purchased exemp-
f^w! ^ ^ tion from payment of land revenue, or who have

not made engagements for a maximum assess-
ment under rule 1, shall, on the expiration of the
periods stated in the last column of the table an-
nexed to rule 1, viz : —

Ist class

■ •

• • • •

Oi jeans.

2nd „

• •

■ • • •

48 „

8rd „

• • 1

1 • • •

82 „

4th „

• • •

16 „

6th „

• • a

• • •

8 ..

be entitled to a new lease of not less than 20
years' duration, and on the expiration thereof to
further renewal for a similar period, and the
same on the lapse of each successive lease, pro-
vided that they agree to fair terms of assessment.

Revision of g. On the renewal of each lease granted after
fie etiujti ^^^ expiration of the period noted in the last co-

lumn of the table of rule 1, the local revenue
officers may, with the sanction of the Governor
General in Council, revise the settlement, and if
the grantee has not accepted the maximum rate
in perpetuity provided for in rule 1, may impose
upon the area of each grant an assessment not
exceeding the average, rates of assessment per
acre of lands of similar quality in the circles im-
mediately adjoining the grant ; and in like man-
ner should a grantee be able to satisfy the local
revenue authorities that his assessment is higher
than the average tax of similar lands, in the ad-
joining circles, assessed on accoim.t of Govern-
ment, he will be entitled, at the renewal of his
lease, to an abatement of liis assessment for the
term of the said lease, so that he shall not be re-
quired to pay more than the fair average assess-
ment of the lands in his Yicinity.

acree not nadAr

21T

9. A lease or grant having once been confirm * ot to i»
ed by competeoit authorily, no alteration of rate S^ed° before
of as9es8ment is to be allowed until its expira- f^'**^^** ^
tion.

10. On the revision of any settlement conse- AMewment to
quent on the renewal of a lease, the rate of assess- tokSn? ^^ "**'
ment is, in the case of a difference arising between

the grantee and the assessing officer, to be fixed
by tibree arbitrators, one of whom is to be nonii«
nated by the grantee, one by the assessing officer,
and the third by the two individuals appointed
above, and their decision is not to be reversed,
except by the order of the Governor General in
Council.

11« Grants of 200 acres and upwards shall not
be placed under the authority of the Thoogyee _
or other manager of the circle in which they may
be situated. When grants of the above extent
become liable to assessment, each grantee shall
be entitled to a separate settlement direct with
the local revenue officer, whatever may be the
amount of assessment.

12. Grantees are hereby required to furnish . J^"**^ J^*5*
each cultivator annually with a bill of demand, requir^ "
written in the Burmese language^ specifying
everything he is to pay, and he is entitled to re-
ceive a bond from the cultivator, promising to pay

the amount. No suit regarding rent i% to be
entertained in Court except upon written agree-
ment.

13. All applicants for grants must satisfy the haSe'JSSl* ^
local revenue officers that they possess the means

of redeeming the lands required by them, or capi«
tal as per annexed scale : —

Ist class jangle, rupees 15 pet acre.
2nd „ „ 12 „

8rd ,, „ 9 ,,

5th „ „ 8 „

B b

di8

.. Register
crantB.

Transfer
grants.

and if dissatisfied with that officer's estimate of
their resources, they may, within three months,
appeal to the Commissioner whose decision is to
be final.

^^ 14. Every grant shall be registered in such
manner as the Governor General in Council may
direct, its situation, extent, and boundaries being
duly recorded, and on every occasion of transfer
of the proprietary right, subsequent to the expi-
ration of the first lease, whether from the death
of the former owner, from sale, or any other
cause, the same is to be notified to the proper of-
ficer, and the cause of transfer, and the name of
the new proprietor, registered. No proprietary
right to the land or its rent shall be recognized
by any Court in British Burma, unless the pro-
prietor's name has been registered. When there
are several shareholders in a grant, the names of
all must be registered as the legal and responsi-
ble grantees thereof. They are jointly and sever-
ally responsible for the payment of revenue, and
for all duties required from a grantee. The De-
puty Commissioner in each district is eX'OJJxcio
Registrar of grants made under these rules*

of 15. In cases of transfer by sale or assignment
of a grant, the same is to be acknowledged by
both parties in person, or by accredited agents,
before the registering officer at^the time of regis-
try, and the registry is to be attested by the prin-
cipals or their agents, and also by at least two
competent witnesses whose names and places of
abode are to be inserted.

Grant to be
inrveyed.

16. A survey is to be made of each grant as
soon as possible, and any person convicted of
having fradulently extended his boundaries, shall
be liable to be deprived of the land he has fi-au-
dulently appropriated, and to a fine not exceeding
one himdred (100) rupees for every acre so ap-

219

propriated. If the said fine be not paid, the
amount will be leviable by distress, ana the sale
of his property, real and personal. Should the
proprietor be dissatisfied with the first surrey, he
may have the land re-surveyed, on depositing the
prooable expense.

17. The grantee is responsible for the coUec- ez^^thom^-
tion . of capitation tax, from all persons liable pitati^ tax.
thereto, under the revenue rules of British Burma.

He also in his bond, taken under rule 6, will
bind himself • to observe the said rules. A grant
under these rules will entitle the grantee to all
mineral products found therein, but the said mi-
nerals wiU, except coal, which will be free, be
subject to a royalty not exceeding five per cent,
on the value thereof, whether manufactured or
otherwise, within the grant where they have been
found. The value of such mineral products shall
be fixed, from time to time, in each case, by the
Deputy Commissioner, the order for the said value
being open to appeal and revision in the usual
manner.

18. Any person who having obtained a grant j^ ^^^^e^T^
of waste land in British Burma shaU fail in the fuim cooditioxii
prescribed conditions, shall not be deemed eligible "^^j. ^ ^^y^
to receive another grant, unless he can satisfy the ^ ^^'^^
local authorities that the causes of his feulure

were entirely beyond his control.

19. The land measure to be used for grants Lud meMux^.^
throughout the province of British Burma is as

follows : —

Sqfabe feet.
226'876 = 1 pie.
2722*5 « 1 anna.
48560-0 8 1 acre,

<^f"

220

Form No. 1.
JFbrm qf application far the grcmt of Waste lands.

THS BbPTJTT GOHHISSIOKl^B Of

Tb© petition of

* [NwWj occu-

pation and
residence in

Bbsmgtfdtxt shbw^th—
That yam petitioner is desirous of obtainingi
Tznder the rulea sanctiqued by jthe 0ovenqi^ent of
India, dated ^ gps^t 9f W9^ 1^4

situated in tbp yillftge of circle of

towflsWp qf bopnded pij t^Jie north

by oil ^hQ (Bast by pn the

BQuthby on the west by and

^iighly (Bstimated to contain about ^res.

That ^our petitionair is prepared to satisfy you
.f;hat he is possjess^d of sufficient means to ^edibem
the said land, ^^reeably to para, 15 pf the said
imilesr

Thflit your petltipnpr therefore prays that yon
wUl be pleased to appoint a surypyor tQ malce a
plan of {ha said land, and on tbkO said pWi being
4eliyered to you, that you will be pl^^ed to de?
clajre to what plass the said l^nd belongs, nnder
sepition 1 of the rules afoiresaid. Whereupon your
|)Ptitione)P undertakes to execute the bond jrequir?
pd by ^eptipn 6 of the rules afo|resaidf

dated

Aujcji your petitioner as In duty bound will erey
pray.

221

Form No. 2.
Jbrrn of order ly the Deputy Commieawner on a
petUkmfor the grant of Waste land.

Eevenue side.
In the Court of the Deputy Commissioner of

13ie

No. of 186 .

petitioner.

For a grant of waste land in
Bead the petition of praying for a

grant of waste land in village circle

township

Ordered.

That storeyor proceed with the

petitioner, and in presence of the Thoogyee of the
circle xnaJce a plan of the land which may he
pointed out to him hy the said
particularly noting the description of the land, or
of each several portion of the land, if composed
of different descriptions, and whether there are
any occupants or any claimants to any portion of
^he land.

T!he plan to he filed in Court on or hefore the

Deputy Cofnmismoner.

FoBH No. 3.

Porvn of order of the Deputy Commissioner on the
phml^eing fifed f

Bevenue side.

In the Court of the Deputy Commissioner of

The

No. of 1S6 ,

Petitioner.
Whereas has filed the plan

^.^ree^rhly to the order of the Court in this case,

222

dated and it appearing from the

said plan that the land for which the petitioner

has made an application measures
acres annas

pie ; that no one has any right of property there-
in, and that no objection exists to granting it
away ; that it belongs to the class, that

is to say, (reed and long grass jungle, or as the
case may be), and the said having

aatisfied me that he possesses sufficient means to
redeem the said land agreeably to section 15 of
the rules for granting waste lands, dated
186 .

It is ordered

That on the said executing the

bond required by section 6 of the said rules, the
aforesaid land measuring acres

annas pie, and situated and bounded

as described in the plan annexed to the proceed-
ings, be granted to the said at the
following rent : —

From 186 -6 to ).8 , free.

„ rupees. a. p.

„ nipeed. a. p.

,, rupees. a. p.

and subject to the other terms and conditions of
the rules for the granting of waste land in the
province of British Burma, sanctioned by the
Government of India under date the

186 . i

Deputy Commissioner.

223

Form No. 4.

Form of bond wider rule 5.

Whereas the Deputy Commissioner of
has by an order passed on the iii

revenue case No. of 186 * declared

himself willing to confer on me a grant of a par-
cel of waste land, measuring acres

annas pie, situated in the

village of circle of township

of and bounded on the north by

on the east by on the south by

on the west by on condition of my exe-

cuting a bond binding myself to abide by the
conditions prescribed in certain rules for the
granting of waste land in the province of British
Burma, sanctioned by the Government of India,
under date the 186 .

Now I, do, in consideration of the said

promise, hereby agree and bind myself, my heirs,
executors, administrators, and assigns, to abide
by all the conditions prescribed by the said rules^
as applicable to the parcel of land above described,
so long as the said land shall continue in the pos-
session of myself or of my said heirs, executors,
administrators, or assigns, failing wherein, the
Deputy Commissioner or other officer duly em-
powered shall be entitled to cancel the said grant
and to resume the said lands on behalf of Govern-
ment. And I do further agree to observe and
abide by the general revenue rules of the pro-
vince of British Burma as now existing.

Witness my hand this
day of

In the presence of

224

POEH No. 6.

Form of order by the Deputy Conwiiarioner on the
bond required by rule 6 being filed duly exe^
cuted.

Revenue side.

In the Court of tlie Deputy Commissioner oi

The

No. of 186 .

petitioner.

Whereas the ttotitioner ^ ^ haa

duly executed the bond required of him by the
order of the Court, passed in this ease om the

It is ordered
That a grant of the land be delivered to the
said agreeably to the said

order, and that he be registered as tne proprietor
thereof.

Deputy Cammimaner.

Form No. 6.

Form of grant of TFaete Umda.

Whereas has applied for

a grant of a parcel of waste land, measuring

acres annas pie, situated in

the village of circle of

township of bounded on the north by

on the east by on the south

by on the west by

And whereas the said has

executed a bond agreeing, in consideration of ob-
tainin^ the said grant, to abide by the conditions

{prescribed by the rules for the granting of waste
and in the province of British Biurma, sanctioned
by the Government of India, under date

Now I, Deputy Commissioner of

by virtue of tne power and authori-
ty vested in me by the said rules, subject to the
confirmation and orders of the Governor General

225

of India in Council, do hereby grant imto the
said his heirs, executors, administrar

tors, and assigns, the parcel of land heretofore
described, as a grant of class No. according

to rule 1 of the said rules, conditional on the pay-
ment of rent and cesses for local purposes by the
said at the rates and in the manner

prescribed in the rules aforesaid, and on his abid-
ing by all other conditions of the rules aforesaid.

And in the event of the said his

heirs, executors, administrators, or assigns, failing
to pay rent and cesses as aforesaid, or to abide by
any other of the conditions aforesaid, then these
presents to be null and void and of no other effect,
and the parcel of land aforesaid to revert to and
become the entire and absolute property of Go-
vernment, free and quit of any claim whatsover
in, to, or on account of, the said land on the part
of the said his heirs, executors,

administrators, or assigns.

Given under my hand and seal this
day of

Deptity Co^nmissianer.

Form No. 7.
Form of report of the officer or clerk who has charge
of the register of Waste lands undei' the Deputy
Commissioner^

Certified that, agreeably to the order of the No. of grant.
Deputy Commissioner in revenue case No. S^r/^ ^^ ^

of 186 , dated has been this day re-

gistered by me as the grantee of a parcel of waste
land, measuring acres annas

pie, situated in the village of circle of

township of

dated

In change of Megist^r of Waste lands.

22d

FoBjc No. 8.
Farm of final order by the Deputy Commimoner.

Bevenue side.

In the Court of the Deputy Comsaissioner of

The

No. of 186 .

petitioner.
Bead report by that the grant to

has been duly registered.
The case to be struck off the file as disposed of »

Deputy Commiswmer.

FoiiM No. 9.

Torm of notice prior to resumption of a grcmt

under rule 6*

Bicyenue side*

In the Court of the X>eputy Commissioner of

The

No. of 186 .

In the matter of the resumption of a grant of
waste land in of which

is the registered proprietor. To
registered proprietor of a parcel of land measur«
ing acres annas pie, situated in

Whereas there is good reason to beliere that
you have failed to abide by section of the

rules for the grant of waste lands in the province
of British Burma, sanctioned by the Government
of India under date

Notice is hereby given to you, agreeably to
section of the said rules, that you are re-

quired to appear in this Court on the

to show cause why your estate should not be re-
sumed.

Given under my hand and the seal of the Court
this day of

Deputy CofnmvBsUmer.

227

FoKM Na 10.
fORU OF BOND BY A CDLTIVATOR FOE PAYMENT C

I the nndwng&ed do honbf «gre« and bind mvMlf to My to

npitered proprietor of the land nmted by me « hereiii beloir luacribed, rent for the (aid
land for the year as under, on or before the

jjl

Fowc No. II.
B- BILL OP DEUAND UNDER RULE 12.

ill

lit
II

Jtt^/Utertd Pti^>Tiaw 1^ lAe B^a*t,

228

Form No. 12.

FORM OF REGISTER OF GRANTS OF WASTE LANDS AND SUBSEQUENT
CHANGES OF OWNERSHIP THEREIN.— VIDE RULES 14 AND 15.

Original Grant^

««-4

•

-z

o
6

5^5

ti a QA o 73 A)

o ^ a <D ^ F3

CHANGES OF OWNERSHIP IN THE AB0V15 GRANT.

1^'

9 c> S;

Sale, gift or in-
heritanpe.

Note. — Mort-
gage or lease is
not a transfer
of ownership.

Note. — A separate registw to be kept for cack towjuhip, and » distinct portion of eack
i<egister to oe allotted to eack circle.
A separate page to be allotted to each grant as in this form, tke upper portion
describing tke original grant and identifying tke estate^ tke lower portion
skowing tke subsequent ckangcs of ownersMp.
If a grant is divided (wkick can only be done witk tke special leave of tke
Deputy Commissioner) tke division skould be noted in tke page belonging to
tke original grant. Tke divided portions skould eack be entered fresk on
separate pages, tke numbers of wkick skould be noted OA tko pag® belonging
to tke original grant, for facility of r^fer^nc^

229
No. 91.

KOTIFICATION.

FoET William. — ^Foreign Department.

REVENUE.

The 22nd Fehmary 1865.

Under the provisions of section 7 of Act XXIII
of 1863, His Excellency in Council is pleased to
constitute the following Courts in British Burma,
for the investigation and trial of claims under the
above Act : —

PEGU DIVISION.

Rangoon.

Three or more of the following gentlemen : —

Deputy Commissioner.

Magistrate.

Two Honorary .Magistrates.

Superintendent of Police.

Civil Surgeon,

A Trader.

Bassein.

Three or more of the following gentlemen :-—

Deputy Commissioner.
Assistant Commissioner.
Superintendent of Police.
Medical officer of Bassein.
An Elder.

Pbome.

Three or more of the following gentlemen : —

Deputy Commissioner.
Assistant Commissioner.
Superintendent of Police.
Medical officer of Prome.
An Elder,

230

Three or more of the following gentlemen :•

Deputy Commissioner.
Assistant Superintendent of Police.
Extra Assistant Commissioner.
Medical officer of Myanoimg.
An Elder.

TOUNG-OO.

Three or more of the following gentlemen :-

Deputy Commissioner.
Assistant Commissioner.
Assistant Superintendent of Police,
Extra Assistant Commissioner.
An Elder.

TENASSERIM DIVISION.

Amheest.

Three or more of the following gentlemen :-

Deputy Commissioner.
Magistrate of Maulmain.
Two Honorary Magistrates.
Superintendent of Police.
Civil Surgeon.
A Trader.

Maetaban.

Three or more of the following gentlemen :-

Deputy Commissioner.
Assistant Commissioner.
Superintendent of Police.
Medical officer of Shwe-gyeen.
An Elder.

Tavoy.

Three or more of the following gentlemen :«

Deputy Commissioner.
Superintendent of Police.
Medical officer of Tavoy.
Extra Assistant Conunissioner.
An Elder.

231

Mekgui.

Three or more of the following gentlemen :-

Deputy Commissioner.
Assistant Superintendent of Police.
Extra Assistant Commissioner.
Medical officer of Mergui.
An Elder.

ABAKAN BrVISION.
Aktab.

Three or more of the following gentlemen :-

Deputy Commissioner.

Magistrate.

Two Honorary Magistrates.

Civil Surgeon of Aiyah.

Superintendent of Police.

A Trader.

Eambee.
Three or more of the following gentlemen :-

Deputy Commissioner.
Assistant Superintendent of Police.
Extra Assistant Commissioner.
Medical officer of Kyouk Phyoo.
An Elder.

Sandoway.

Three or more of the following gentlemen :•

Deputy Commissioner.
Assistant Superintendent of Police.
Extra Assistant Commissioner.
Medical officer of Sandoway.
An Elder.

232
RULES

FOE THE SfJTTLEMBNT OF LaND ReVENTTB IK

THE DISTRICT OF liANGOON.

Dated 7th March 1865,

1 . A settlement of all land revenue to be made
for five or ten years.
2- Present rate of assessment to be retained.

3. The settlement will not extend to toimgya,
that will be paid for as at present.

4. The present rate in Rangoon extends to
quengs, new land, that is all land lying waste
taken during the five or ten years by leases, will
not be measured or assessed. At the end of the
five or ten years a new measurement to be made ;
whether the existing rates will then be con-
tinued, win bo a matter of consideration.

5. Should a land-owner during the settlement
abandon his land, for which settlement has been
made, and go to take other land, he should still
be requu'ed to pay on the land he has abandoned.
But he shall not be allowed to take up new land
imder the settlement without the limits of the
cu'cle in wliich his leased land is situated.

6. A list of the cultivators or land-owners of
each village, and what each man has to pay under
the settlement to be made out. The area of eaeh
description of land to be entered therein. The
form will be the same as the present assessment
roU.

7. The date on which the settlement is to take
effect in each village to be distinctly stated in the
list of land-owners.

8. Each land-owner will be responsible for his
own revenue only, and in case of death, his heir ;
should inevitable misfortune prevent a man cul-
tivating the land he held at the settlement^ pay-

233

ment will be remitted. Careful record should he
xnade of such cases. The OTviier of the land is the
person with whom settlement should be made,
"whether he cultivate it himself or not.

9e The existing rate per acre directed under
the settlement will not be held to refer to land
'which has been granted under the rules passed by
Government in March 1861, and to be foimd at
page 213.

10. The area of each man's land to be taken
as that entered in the assessment roll of 1863-64,
or 1864-65, as may be found applicable, unless he
objects thereto, a new measurement in such cases
to be made at Government expense. Care to be
taken that land-owners do not suflfer any curtail-
ment of their property under this rule.

11. In cases where fill the land-owners and
cultivators of a village tract agree to take a joint
lease of their tract, it shall be granted to them,
under the rules laid down at page 235. In leases
of this description, Captain McMahon*s form of
proceeding and record to be adhered to.

RULES

FOR THE SETTLEMENT OF LAND REVENUE IN
THE DISTRICT OF TOUNG-OO.

Dated 8th October 1863.

1. A settlement of all land revenue to be made
for five years. During the period of settlement
no land of any kind to be measured for revenue.

2. The rates per acre payable to Government
not to exceed those now fixed, whether for paddy
land or otherwise, but a diminution may be made
when necessary. The rates for gardens, orchards,
and miscellaneous cultivation will be the highest
rate for paddy land existing in the circle.

234

B. No land-owner who did not cultivate his
land in 1224, A. D. 1863, or in any previous year
since Pegu became British territory, will be call-
ed upon to declare whether he wishes to ent^r
into the five years' settlement or not, he will have
the option of cultivating his land free of tax for
five years.

4. The settlement will not extend to toungya.
That will be paid for as at present.

5. The present rates in the district of Toung-oo
extend to quengs. New land, that is all land
lying waste, taken during the five years' settle-
ment, will not be measured or assessed. At the
close of the five years a new measurement to be
made. Whether the existing rates will then be

. continued will be a matter of consideration*

6. Should a man during the settlement aban-
don his land for which settlement has been made
and go to take other land, he should still be re-
quired to pay on the land. But, as the settlement
is only to be made with the full consent of each
individual owner, any person may throw up his
settlement or lease before the expiration of the
term of five years.

7. A list of the cultivators of each village and
what each man has to pay under the settlement
to be made out ; the area of each description of
land to be entered therein. The form will be the
same as the present assessment roll.

8. Any bonA, fide new cultivators coming in
during the settlement to be allowed to cultivate
new land and no question to be asked. This re-
fers to any cultivator from any foreign or British
territories, and to any person belonging to the
district of Toung-oo or otherwise.

9. The date on which the settlement will take
effect in each village to be distinctly statexl.

10. Each cultivator will be responsible for his
own revenue only, and in case of death his heirs.

235

Should inevitable misfortune prevent a man froid
cultivating the land he held at the settlement.
l^ayment will be remitted; Careful record should
be made of such cases. The owner of land is the
person with whom the settlement should be made>
whether he cultivates it himself or not.

11. These rules will not be held to tcfer to
land which has been granted under the rules pass-
ed by Government in March 1861> and to be found
at page 213.

12. The area of each man's land to be taken
as that entered in the assessment roll for 1862-63
unless he objects thereto. A new measurement
in such case is to be made at Government ex-
pense.

13. In ciEises where all the cultivators holding
land contiguous to one another are willing to take
up a lease, it would be a good plan to let them
elect one person to be answerable for the revenue
of the whole. All the lands being considered one
estate (see page 235.)

14. No land-owner is jrequired to enter into
the settlement except with his own free will and
consent.

Note. — ^The above rules wUl henceforth be fol-
lowed in the district of Prome, memo. 097 dated
29th September 1865;

GENERAL RULES

FOK GBANTING LEASES OF LAND FOK A TERM OF
TEAJEIS IN THE PROVINCE OF BRITISH BURMA*

In circles or village tracts where the queng
assessment lias been completed, leases for ten
years, or for a shorter periodj if desired by the
cultivators, may be granted on the following
terms :• —

1st. — ^The cultivators of the circle or tract .to
be leased shall agree to'pay to Government annu-

236

ally for a fixed period of not more than ten and
not less than two years, an annual rent which
shall be fixed as the amount payable by the eul^
tivators on the total area of their existing cultiva-
tion at the revised rates per acre imposed by the
settlement officer in the queng assessment.

2nd. — ^During the period of the lease, all the
waste lands within the settled tract which may be
brought under cultivation by those who accept
leases, shall be tax free.

3rd. — ^The annual rent agreed upon will have
to be paid whether crops fail or cattle die, but if
there be any very extensive disaster of the kind,
due consideration will be shewn.

4th. — ^The principal inhabitants of the leased
tract should form a conmuttee to see that the
cultivators pay their shares, and on their applica-
tion defaulters will be treated as laid down in the
existing revenue rules; but all the cultivators
who have agreed to accept a lease, will be jointly
and severally responsible for the amount of land
rent due by any individual owner or cultivator of
the leased tract, that is within the village tract
they inhabit.

5th. — ^Bights of property will remain the same
as before.

6th. — ^All other taxes, besides the land tax, will
remain as before.

7th. — ^The draft of an agreement which should
be signed by the cultivators of a leased tract is an-
nexed. This may be modified, however, accord-
ing to circumstances.

8th. — On the expiry of the lease a new survey
will be made, and if necessary new rates of assess-
ment imposed.

9th. — ^All leases made should be entered by the
settlement officer in a register to be kept for the
purpose, the form of which is annexed.

237

DRAFT OF AGREEMENT

TO BE SIGNED BY THE CULTIVATORS OF A

LEASED TRACT.

We the undersigned owners and cultivators of
land in the village tract of ^ circle of
township of district of , in considera-

tion of our receiving a lease of all the cultivated
lands comprised within the limits of the village
tract aforesaid, for a term of years, commenc-
ing from the year , do hereby agree and joint-
ly and severally bind oxirselves, to pay annually, to
the Deputy Commissioner of the district of
a sum equal to the amount of the total land rent
on our existing cultivation, that is to say on ac-
count of acres of paddy land at rupees
per acre, rupees ; on account of • acres of
garden land at rupees per acre, rupees ;
and on account of acres of miscellaneous
cultivation at rupees per acre, rupees
The total annual amoimt thereof being ru-
pees ; which sum is payable annually on or
before the 1st of April of each year, i.e. the rent
due for the year 1860-61 is payable on or before
the 1st April 1861.

FORM OF REGISTER OF VILLAGE TRACTS, &c., OF WHICH A TEN YEARS
LEASE HAS BJ^N SANCTIONED BY THE COMMISSIONER.

Area of culti-
vated land
in acres.

238
DIRECTIONS

tOR THE ASSESSMENT OP PADDY LAND, IN THE
PKOVINCE OP BRITISH BURMA.

Village tracts ^' "^^^ village tracts in Pegu are divided into
how divided. portions of countiy called quengs or pt/eens^ on

which paddy cultivation is or may be carried on.
It is assumed that the quengs may to outward
appearance be classed as follows : —

Ist. — ^Those entirely cultivated.

2nd. — Those partially cultivated.

8rd. — Those where the land has entirely fallen
dut of cultivation, or land covered with primeval
jimgle, capable of being converted into queng
land.

gaS^^'^sesl- ^' ^^ proceeding to assess the paddy lands
ment. * of thosc qucugs entirely cultivated, it is necessary

to ascertain as follows : —

1st. — ^The present rate of tax per acre.

2nd. — ^The average yield of paddy per acre.

3rd. — The average price of paddy on the spot.

4th. — ^The distance from and means of facility
of transport to the nearest great and constant
market.

The first and third heads of inquiiy need not
here be enlarged upon.

Yield of crop 3. In ordcr to ascertaiil the yield of paddy, it
oert^^^*^^ ^ ^^ ^® necessary to reap and beat out the crop on

a given area of ground in each queng. If the
queng is a large one, or say of two to three hun-
dred acres, it might be advisable to test the yield
of crop in five or six different places or more, by
measuring ofi", say one-eighth of an acre in each

239

place. The result of each experiment should be
recorded on the spot in a register. It is very ne-
cessary that the officer conducting the inquiry,
should personally superintend this work, and not
lanist it to subordinates, in order to avoid any
suspicion of underhand dealing having occurred.

4. It is to be assumed that the ordinary AnomaUos ac-
amount of the Government share of the paddy r osTuf^f such
crop is one-fifth or twenty per cent, of the gross procedure.
produce. In ascertaining the average yield of a

queng per acre, and converting the Government
share of that into a money rate per acre to be
paid by the cultivator, it will frequently be found
impossible to reconcile the results obtained by
mere measurement and calculation, with what is
assumed to be a fair remuneration to the cultiva-
tor, and with the rate already paid to Govern-
ment ; yet the cultivator may be willing to accept
the land on the same terms as before, although
according to the measurement and calculation he
would thereby gain little or no profit.

5. In like manner it will sometimes be found
that what appears, by measurement of crop and
arithmetical calculation, an unduly low rate as
the Government share of the produce, the culti-
vator will state is too high for him to pay. These
anomalies arise partly from the yield of land
varying in different seasons, and partly from the
experiments being necessarily conducted on only
a minute portion of the whole area of a queng.

G. In most cases it will be found that after Procedure by
every calculation of average produce and mea- ^ ** "^^
surement of area has been made, and the price of
grain and means of transport duly weighed, it is
proper, in order to fix a fair moderate rate per
acre upon the queng, while taking into consider-
ation the results obtained from actual experiment,
yet to exercisQ a sound discretion in fixing the

240

rate upon general considerations, such as the
amount heretofore paid by the people ; their own
statements of their profits and what they are
willing to pay ; and likewise to have regard to
the general evidence of prosperity or the reverse,
apparent in their dwellings and appearance.
Where cultivators make statements of the yield
of their ground, the result may be shown in an
additional column of form A.

7. As a general rule the Burmese, Talcing
and Karen cultivators are truthful and frank as
to their crops and profits. In eflPecting the land
assessment, pains should be taken to shew them
that a fair portion of the produce is all that is
required by Government ; that the cultivators' or
owners' interests and the Government's are one
and the same ; that a settlement of the land re-
venue being once effected, the rates will remain
unchanged for several years ; and that in taking
new land the cultivators will, under the proposed
arrangement, always know the rate they will have
to pay for every acre they may occupy.

Range of rates 8. As a general guide to the limits within
per aero. -vyhich tlic ratcs per acre may range, I would re-

mark that no queng should at present have a
higher rate put on it than rupees 2-4 per acr,e,
except lands with peculiar advantages, which can
be assessed at 2-8. This will be an advance of
12|^ per cent, on the highest rate now existing ;
and that rate should not extend beyond the
districts of Rangoon and Bassein. The lowest
rate in remote situations may be four annas
an acre. The rates in the various quengs, those
in the remote parts of the country having the
minimimi rates, and those in the districts of
Henzada and Tharawaddy having medium rates,
may range betw^een the sums above mentioned ;
but, for convenience of calculation, fractions of
two annas, or one-eighth of a rupee, should gener-

241

ally be avoided, and the rates slioiild generally
run from 4 annas to 6 annas, 6 annas to 8 annas,
and so on. As the lands in Pegu were purposely
fixed originally at a clearly low rate, it is proba-
ble that most of the cultivated quengs, at least
in the districts of Rangoon and Bassein, will bear
an increase of rate, but it is by no means intend-
ed to make this a positive rule.

9. In noting the average price of grain (un- Averse prkc
husked rice) upon the spot, in the circle or village M^nSneT
where the settlement is being made, care shoiild

be taken to assume a clearly moderate average
price, independent of any rise consequent on sud-
den increased demand for export or otherwise.

10. In the case of a queng only partially cul- . i? quengs par-

.. .J, .. , ^'j -^ ^ tially cultivatccU

tivated, where it has remained so in consequence
of the rate already imposed being too high, the
rate should be lowered so as to admit of the re-
maining lands therein being cultivated with profit.

11. Where quengs or plains have never been in quengs ai.
cultivated at all, and are still covered with grass ^tel^ ^^
or tree jungle, means should be taken to ascertain

the nature of the soil, and a rate approximating
to that of the nearest adjoining cultivated quengs
(any peculiar circumstances of the position of
the ground being also considered), should be im- ^

posed. The people will then know what rates
they will have to pay on such lands after the pe-
riod of exemption which they receive under exist- ,
ing rules shall have expired. It will generally
be found that some of the old cultivators of the
circle Avill be able to give a sound opinion on the
quality of the soil of quengs, or of forest lands
hitherto unbroken.

12. While the measurement of crops is going i>'Atie8 of land
on, the land measurer attached to the settlement °^®"^*'^'
qflScer should be employed in making a rough

K 6

242

plan of the circle in which the operations are Ire-
ing carried on. In this will appear the several
quengs with their houndaries* Each qneng will
have a number marked on the map, which mmt*
will also be attached to the same queng in the
register (form B.) The land measurer should in
each case make a rough smrvej of each queng,
showing the total cultivation and the total waste

^ land.

standard of cu. 13, It is to bc remembered that all measure-

©f^gnSnT'*'^*" ments of the quantity of paddy yielded by the

land measured, should be made in the Govemment
standard basket, containing 2218*19 cubic inches.
In estimating the local market price of grain* it
will be remembered that it is calculated by the
villagers in the local basket, which will be some*
what larger than the standard one.

Sketch mape 14. It is to beundcrstood that these inquiries

8hf *^'and ch5^ should bc Carried an and completed first in one

by what to^bTac- township, SO that along with the record there

, Gompanied. jj^j \^q g^ skctch map of the township on a scale

of half a mile to an inch, shewing the several
circles therein, and a sketdi map of each drele
on a scale of six inches to the mQe, showing the
cultivated and jungle area in each queng.* In
the construction of these maps it is only required
to show the approximate area and relative posi*
tions of the several quengs, so that close aoeuiacy
is not expected. The names of places (L e. vil*
lages) on these maps will be but few, and sueh
as there are should be entered in the Burmese
character. Specimens of what is here intended,
marked D. and E., are added. f

Land and grain 15. The officcr may find it expedient in order
Sow "ta^S^ to- to conclude a nxnnber of measurements of crops,
po»«t before grain is removed from the land, to move

on to other quengs while the inquiries eontem-

* The Keyeotte sottlement officer baa diioxetioiiarj powei of adopt-
ing the most suitable scale.

t Not inserted in this Manual^

^ 243

plated to be made regarding the land are still un«.
completed. This is advisable in order to prevent
the cultivators bewg inconvenienced, and suffer*
ing loss £rom their crops being kept on the groimd.
Having disposed of the land and grain measure-
ments, the settlement office can tiiem return and
commence making inquiries relative to property
in land.

16.* While the surveyor is ^ing^ on with his Tabniar state-
work, and when the measurements of grain have SSd"up7 *"- ""
been completed, the settlement ofiScers should
make inquiries regarding landed property. The
result should first be embodied in the numerical
return marked C, with a further detailed statement
of fields rented, sold and mortgaged. The latter
information will be recorded in the statements
C 1, C 2, and C 3. The information contained
in sueh tabular statements will of course be de-
rived by the settlement ofiScer personally firom the
owners, tenants and mortgagers of land. They
will gena^lly be found quite willing to commu-
nicate tiidr whole affairs^

17« When any old land-holding families are ApT>eiidice8 to
met with, detaUed statements regarding the time^^;5i" "*''*'''
they have held estates should be written down, as
well as any interesting circumstances relative to
their tenure of the lajid, which they may relate.
These narratives may be appended to the tabular
statements. If there are any mortgage bonds or
other deeds and papers, these might be copied if
the possessors have no objection, which generally
speaking they have not. It should always be re«
membered tlmt, where there are family disputes
regarding land, there may in some cases be an
imwillingness to enter upon the subject of the
property in dispute ; or there may be a disposition
to misrepresent the circumstances relative to the
land. It will however generally be foimd, that

I' I - 111. I I— — ^i— .^M— — ^— ^

f Bules 16, 17} and 19 are ios the present in abeyancet

21i

T^lierc the inquiry is conducted in tlie tone of a
friendly solicitude for the welfare of the people,
and where the whole village community are in-
vited to be present as at a conversational meeting,
all shyness and reserve in communicating on the
subjects herein adverted to will be overcome, and
the presence of the whole community will gener-
ally cptinteract any disposition to wilful misrepre-
sentation.

Aaseasmeni 18. The rulcs for asscssmcut refer only to the

rules only refer to . i* itij j x

what. arrangement regarding paddy lands, and are not

to be applied or extendai to other descriptions of
land. The inquiries regarding property in land
will however extend to gardens, orchards, and
other descriptions of land, but the assessment of
these will remain as before, namely, the highest
rate of paddy land in the circle or village tract
wherein they are situated being put upon them.

19. Separate returns will be made in the
forms C, C 1, C 2, and C 3 for paddy land, and for
garden and orchard land.

20. It should always be borne in mind that it
is desirable to record the whole details of the me-
thod employed in each queng, to ascertain the
yield of crop, and also the reasons for adopting
the average local price of paddy which may be
fixed upon. The means of communication from
each queng to water carriage, the distance^ &c.^
should also be carefully recorded.

245

■«i

t^r &< q

"if

B «

^ ««

"S^

14
H

hese differen
were J mile

*^l auin|oo JO
oonpoid in pyouC ptrei jo «ojy

sy oonpojd ojo'qA |o X^i^mm^

'Sdjoy

•B^91[8«a

*^ inim|oo
m piie| JO voiv jo joi^VAi^po jo emts^

*9aanb 9i{^ jo aonpoid ssojiS jo
9iipiA no 9^«i poflodoid jo oSv^uao-ia^

*8n9nb
9T{^ no 9J9V jad xw). jo ^yej. posodojij

*9onpojd ssojS jo

OnpiA no X9% !^Q9Said JO 09«^1I90-J9J

'Xppod JO S!)01[

•®TJ

-wq 001 ^^ "Vi 9ZV 9jaf9

•OTUUV

J9d oonpojd raoj9 jo 9ii|«^

^saodng

*dj3« J9d Stranb o|oqM jo eonp
-Old BSooSoSuaAV p^^vunisg;,

8^ai[B«g[

•0!J

-0JI9V jad x«^ JO a^tu ^nasaij

'svnny

*Baodn^

'anae lad

«)ai{«vq JO jaqomn )ndpiAnibg[

f niizn|oo

•aaiCj

JO vare in Xppvd jo X^pnvn^

KjailTOa

•«MM

piuiisiidui pini{ JO vary

'Baioy

*aaqamx

£h

O'^OOOOOOO
OCOCOdCOOOt^CO

O ^-<«< CO 04 O O 00 ^ '-*

ooooooooo

O O 00 00 O O 00 QO o

01 01 01 01 01 01 01 01 01

OOOOOIOOOIOO

woo-^oit-ooi^-^

X lO -<«< CO aO O 0> 00 '-^ P-4

>■« — < ^ »-< »'H fH ^H

^^^ ^^ ^^ ^^ ^J" ^W* ^^ ^5" ^^J^

OOOOOOOOO

^ Ml ^

1 1 M l"i

tad hS btj

^pa^^

"^P««'^IO®^«000> tf I

246

^
S

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247

Pi
o

lO
CO

»-4

M
OS

•

If any land formerly deemed to be
hereditary property was taken
possession of by the Burmese
Government for support of war
boats or other purposes, let it
be stated.

'Jdqmna oSoieAV }0 iC|TCDir|
*[«m!)xn9u9ii XjMnd X|nirai « jo uoi!|
-vdnooo oi pmq }o Xt^i^nvno nmonni j^

•

-pn9[ qsns mo^ Xnoqii
SoT'^srisqnfl iC[imv| v |o *ox aakioAy

"[vjn^pioix^e X[djnd i^iniv;
« 0^ 8iii9noi8q sdbipii |o 'o^ asiuoAy

'Huwn[099a(p99aid (mi^ 9q> ju iCuv
m popnpm ^u snuv} jo spjag yi 'o^

*d9cSIV^m JO d«vq3jnd
Xq poiDv^qo BQUBj JO flpfog p *ox

*p9!^«Ai!^piami q9noq^
x«^ 8iniCiid 8iiij«| JO vpiag jo 'oj^

iioi^viaj joq!^ JO *ALir[-in-tioB jo uob
Biq iCq JonAvo }o iioiS8iuu»d qi^iA^ jo
J911MO iCq po^VAi^pi'o pan 'sjoi^sdoinr
raojj p9!)U9x^ BUirej JO spiog jo -o^

uao^o .
9ibxmzj9AO{3 .laq^o jo aaXSboqx oq^
xnoji poAiaooj buuv] jo sp^ag jo 'o^x

"po^izaa mupti so sp^ag |o 'oj^

tmjn JD 9PX99 9!(«j«ddB |o
JO 8Jo;^«AT4pi9Xpp«d j[o jaqumn i«|ox

*8u0nb pm ^ovj!^ odtqpA jo eimx

•

248

crated
ather
state

•hT ^

d cul
aton
-in-la

S >h

<i'£ ^

eld
cul
fatl

^M^i

t-<

O MH

^
S
&
^

H
P<

>s;

RULES

FOR GEANTING LEASES OP LAND FOK A TEEAT
OP YEARS TO INDIVIDUAL LAND nOLDERS.

1. The cultivator of the farm to be leased
shall agree to pay annually to Government for
a fixed period of not more than ten and not less
than three years, an annual rent which will be
fixed at the amount payable by the farmer on tha
area of his existing cultivation, and at the revised
rates imposed by the revenue settlement officer
in the queng assessment^ and shall sign a bond
to that effect*

2. Waste land near a farm, may, at the dis-
cretion of the revenue settlement officer, be
granted either tax free or subject to a fair assess-
ment, according to circumstances.

3. Cultivators who accept leases of their farms
for ten and not less than four years shall be al-
lowed the option of giving up their lands, provid-
ed application be made by them before the month
of Ta-soung-mong, with the proviso however, in
cases where waste land is included in the limits
of the farms, that should any cultivator abandon
the land so allotted to him under circumstances
which shall prove that he used the land only for
the profit to be gained from it during such occu«
pancy, and not for the purpose of ulterior culti-
vation, he shall be liable at the discretion of the
Deputy Commissioner (imder section 13 of the
revenue rules) to assessment in arrears for the
whole period of exemption, at the rate imposed,
on the queng wherein such land is situated.

4. Cultivators who take leases for a less pe-
riod than four years shall not have the option of
giving back their land.

5. Persons desirous of taking leases must prove
to the satisfaction o£ the revenue sett'emeut.

y f

250

officer that iht^j are men of sufficient substance
or good chamoter.

6, Rights of property will remain as before.

7. All these taxes besides the iftid tax will
remain as before.

RULES

rOR THE COLLECTION OF A LAND ASSESSMENT IN
LIEU OF CAPITATION TAX IN CERTAIN TOWNS
IN THE DIVISION OF PEGU.

In what towns 1. In llcu of the capitation tax levied on the
UB^te^Se^MMa* ^^"^^^^ population, an annual land assessment shall
ment to be le- be Icvicd OH the foUowing towns, viz : —

vied. •

Mtajjouno,
Prome,

Tlie Loundarles within which the
assessment shall be collected in
each of these towns are defined in
luAYET-MYO, ^|j^j gchcdulo hcrcuuto annexed.

TouNa-oo, -^

The local Government may hereafter by public
notification alter thoscboundaries and extend these
rules to other towns if it shall see fit to do so.

BAtet of Msesfl- 2. The annual rates of assessment shall be as
ment, follows : 1^ pie per square foot on the area cover-

ed by buildings, and 3 rupees per acre on all oc-
cupied land not so covered. Provided that any
small plot of land not exce^ing 2,500 square
feet in the occupation of one person, and not
built upon shall be exempt from assessment.
These rates are subject to any alterations which
the local Government may be pleased hereafter to
order therein.

Assessment 3. In the month of August in each year the
ro^^en to be Thoogycc shall prepare in duplicate an assessment

roll for the quarter or quarters of the town to
which he shall be appointed*

^51

4. On Ihe completion of these rolls the THoo- ^oiii" ^whSI^to
gyee shall deliver them to the Deputy Conmiisr- bo examined!"
sioner of the district, who shall examine them

and, if found correct, sigh them as passed ; one copy
shall then he returned to the Thoogyee and one
retained in the office of the Deputy Commissioner.

5. Tax bills — ^in English for Europeans, in Tax buh how
Burmese for Asiatics — ^shall then be made out *<> ^ P"p«^'
from the roll in the Deputy Commissioner's office

in the same manner as bilU for land and capita*
tion tax are prepared,

6. After these bills have been duly prepared, Tax biiu to
signed and sealed, they shall be delivered to the JJ^^^^^^i^:
Thoogyee who shall forthwith proceed to collect sentatioiu

the assessment,

7. On receiving payment of the demand the A8pe8sinex>;t
Thoogyee shall endorse a receipt on the back of i^^*** ^ ^^'
the tax bill and deliver it to the party making

the payment. The Thoogyee shall pay the amount
of his collections into the treasury daily,

8. In case of non-payment within ten days Procedure in
after a demand being nMide, and a tax bill offered ^t^^nSS^J
by the Thoogyee, the amount may be levied by

distress and sale of the movable property, to
whomsoever belonging, found in the dwelling
house or on the land on account of which the
asse^ment is demanded, or the owner of the
house or land may be sued for the amoimt.

9. If the tax bill cannot be delivered to the Procedure when
owner or occupier, or if there be a tenant or oc- ^p^T^ o'a n bo
cupier, the tax bill may be appended to some^^nd.
conspicuous part of the house or on the land, and

shall constitute a sufficient demand under the
preceding section.

10. The following shall be exempted from Exemptsjoaa.
assessment : —

1st. — ^Land covered by buildings devoted to re«
ligious or charitable purposes, so long as they
shall continue to be bonft fide so used.

252

2nd.— Land corered bv schools, whether Eu-
ropcan, Burmese or otherwise, provided that such
buildings are not used as family dwellings.

3rd. — Land covered by Government buildings,
or enclosed for Government purposes,*

CommiMioij to 11. The Thoogyco shall be entitled to a com-
Tn cSie^ng'the missiou of 10 per cent, on all collections up to
wesszaent. 6000 rupccs made by him within one year, and

to a commission of 5 per cent, on all collections
above that siun. Out of this commission the
Thoogyee shall bo required to pay all writers,
measurers or assistants whom he may engage to
aid him in the preparation of his accoimts or the
collection of the assessment.

Kuiea when in* 12. Nothing in thcsc rules shall be held to
•pphcabio. affect the town of Rangoon in which the assess-
ment in lieu of capitation tax will continue to be
collected under the rules heretofore in forced

^j^^^^'P'etation 13. The word " Thoogyce " in the above sec-
**^ tions shall be held to mean the officer, however

designated, .who is charged with the inmxediate
collection of the assessment.

* - • *

SCHEDULE

DECLAJRING THE BOUNDABIES WITHIN WHICH LAND
ASSESSMENT, IN LIEU OF CAPITATION TAX, IS
LEVIABLE IN BACH TOWN.

BOUNDARIES,
BASSEIN.

Boundary of 1. The boundarics of the town of Bassein and
b^bB^ "^^ "^^ of the suburbs are—

On the north. — ^From the mouth of the Ngaouk
stream to a masonry pillar distant about two
miles on its left bank.

•^ Police Constabloa' houses also exempted — Tide Chief CommisaioQer's
order, November i 863.

258

On tlie east: — A line dratm southwards from
the abore mentioned masonry pillar.

On the south. — ^A line drawn eastward from the
mouth of the Mata stream until it intersects the
boundary line on the east.

On the west. — A line drawn on the right bank
of the Bassein river northemly and southernly at a
distance of 400 yards from high- water mark, and
intersecting the prolongation of the northern and
southern boundary lines on the left bank.

2. The ground contained in this space is di\dd- Division.
ed into town and suburban quarters.

8. The town quarters contain on the left bank i^r^*n quartew.
all land between the Bassein rirer and a line
drawn on the prolongation of the rampart of the
old Burmese fort north and south until it inter-
sects the boundary lines in those directions, at a
distance, from the pagoda, of 1058 yards or there-
•abouts to the north, and of 1526 yards or there-
iibouts to the south.

4. Q^ie suburban quarters contain on the left ^^^^^^ ^'**^'
bank of the river all the land within the bound-
aries of the town and suburban limits not included
in section 3, and on the right bank all the land
within a distance of 400 yards from the river
bank northemly and southernly to points opposite
the pillar erected at the mouth of the Ngaouk and
Mata streams.

MYANOUNG,

1. The town comprises all land encompassed
by the following boundaries : — ^the Irrawaddy on
the east, the Koimghan khyoung on the southy on
the north a line drawn* from the banian tree
north of Magyee-zoo village on the bank of the
Irrawaddy to the north-west comer of the old
<^antonment marked by a pillar. On the njoest
hj a line drawn on the bank of the Kounghan
khyoung.

2.-t

BounUariei
the town
Pronie.

Division.

PROME.

of 1 . Tlio boundaries of the town of Prome are
on the north, the Kin creek, (next north of the
Naweng creek) east by a line drawn from the
Lau-htsan creek north to the Kin khyoung, and
southward by the roar of the Prome hill», and
south by the cross road at Meng-gyan-gyee creek,
including the whole of the old Burmese quarter
and town lands, south of Yua-bay, as set forth in
the sketch, and also the following new quarters
now belonging to Thoowoonabo— Htsinzoo, and
Mingalatheinga.

2. The area contained within this spacCi ia
divided into toArn and suburban quarters.

Urban qnartem. g rj^^ie towu quartcrs coutaiu all land bounded

by a line drawn from the Shwe-tsan-dau pyah,
north, to the Naweng creek and west to the Irra-
waddy down by the south of Htsinzoo.

4. The suburban quarters contain all the land
not included in the last rule, within the town
limits as defined in section 1.

THAYET-MYO.

1. The boundaries of the town of Thayet-myo
are on the north the Zahtsay khyoung, now ge-
nerally known as the cantonment nullah, east
the Irrawaddy, and south the Menday kliyoung.
The toes tern boundary commences at the bridge
crossing the Zahtsay khyoung, follows the line
of cantonment boundary till it arrives at a single
tree on a knoll in the centre of the paddy plain ;
from this point it proceeds south to the north-east
comer of the present sheep farm, along the south
fence of the latter to its south-eastern angle ; from
whence it continues in a direct line down to the
Menday khyoung.

2. The ground contained in this space is divi-
jded into four quarters — the Monday, Shoay-boan-
tha, Zay and Yen quarters.

Suburban quar
tera.

Boundaries of
the town of
Thayet-mya

Division.

255

3. The Menday quarter is contained within ^J^""^^""^ 'i"*^
the Menday nullah on the south, and the road

running west from the river along the mission-
aries' compound to the south-east angle of the
sheep farm.

4. The Shoay-hoan-tha quarter Ls bounded on shoay-boan th*
the south by the above road, and on the north by ^^"'^^'^•

the Tsin-tseip-lan. This road proceeds west from
the river, leaves the Mya-thin-dau pyah on the
north, and then goes up to the southern fence of
the sheep farm.

5. The Zay quarter is bounded on the south ^y qnarter.
by the Tsin-tseip-lan, and on the north by the
Nyoung-ben-lan, which intersects the town in a

line running east and west. •

6. The Yen quarter is bounded by the canton- ^^"^ ^*'*'^'
ment nullah on the north, by the line of canton-
ment boundary on the north-west and by the
Nyoung-ben-lan on the south.

TOUNG-OO.

1. The town of Toung-oo is included in the Boundary of
four walls of the ancient fortifications. ^'

2. The suburbs are bounded on the north by Suburbs.
the Mya-gyee-bouk stream, by the river Sittang

on the east, on the soulh by a road connecting
the river with the eastern waU of the ancient forti-
fication, and entering the town by the Ngway-
zen-taga ; on the west by that part of the eastern
wall of the town which is to the noi'thward of
the above gate, and a line produced in continua-
tion of the wall till it cuts the Mya-gyee-bouk
stream.

KYAN-GYEEN.

The town of Kyan-gy een comprises all lands en-
compassed by the following boundaries : —

North. — Part of the Irrawaddy river from the
point where it is cut by the Then-gyeing-lan
along that road to the Then-gyeing zayat.

2off

West. — From the Tlien-gyeiug 2ayat along an
imaginary line to the Myo-lay pyah. From the
Myo-lay pyah along an imaginary line to the
Yen-qM'ey zayat. From the Yen-qwey zayat along
ail imaginary line to the Ayo-o pyah. From that
point in a straight line cutting the Ponktan
Kyoung Dyke monasteries. From that point in
a straight line passing through the Boimg-tha*
yon pyah, and cutting the Patasheng khyoung.

South. — From the point where that line cuts
the Patasheng khyoung to where it falls into the
Irrawaddy river.

East. — The Irrawaddy river-

FORM or ASSESSMENT ROLL AND TAX BILL OF LAND ASSESSMENT

IN LIEU OF CAPITATION TAX.

▲aSESSMEKT ROLL OF (OR, BILL POR) LAND AaSE.'MMEXT IN' LIEU OF CAPITATION TAX
OF THE QUARTER IN THE TOWN OF DISTRICT OF

FOR THE YEAR 186-6

No.

Name of own-
er or occu-
pier.

TLT« «* „«„,,A Area of land

by buildings.

aasosdmeuL

by build-
ings.

Amount of
aBsesameot.

Total amount

of asBess-

meint.

<
M

Rs. 'A P.

Acres.

A. P.

R«.

Rs.

A P.

Date

Signature of Thoogyee.
Counter-signature of Deputy Commissiouer4

267
• RULES

FOR THE GUIDANCE OP THOOGYHES IN THE TOWN

AND SUBUBB8 OP RANGOON.

1. Thoogyees in the town and suburbs of outieeoftown
Rangoon have to perform all duties required by *^**°8y*^

the rules of the revenue department in the pro-
vince of Pegu.

2. They must also keep themselves acquainted As recardg
with all changes in the ownership of Und in their eraWp^f Und!^'
circle. This they will do by j&requent reference

to the revenue office.

3. It is their duty to see that no unsold land ^"^j ^^f"?!^ ^
is occupied by any one who has not been duly'*'^
authorised by the Deputy Commissioner; and

that no biiilding of any description is put up on
such land without permission from the Deputy
Commissioner.

4. They will punctually collect all rents and Collection of
taxes when due. They wUl report without delay ^nerai^f **"^
to the Deputy Commissioner all changes of ten-
ants in lots rented ; in such cases the leases will

be brought to the revenue office for orders by the
Deputy Commissioner,

5. They will also punctually collect •all rent On drainage
due on drainage land and report any such land ^^^

that is enclosed or occupied for which rent is not
paid.

6. Each Thoogyee will have a plan of the land Each Thoogyeo
and of each separate block of buildings within ^a^il^i^^^*'' ""^
his circle, on the plan each separate lot or divi-
sion of lots will be marked and there will be a

list attached showing all lots which have received
free grants or on which tax has been remitted.

7. The Thoogyees are responsible that tax and
rent are paid pn every lot, except those for which

u g

35d

remission lias been granted under seal of theDepu*
ty Commissioner. Lots that are tax free will be
marked in a distinctive manner on each plan.

reJSS^^S 8. The Thoogyees are generally responsible
thorised en- for immediately reporting to the Deputy Com-
croachment of nuggjoner, all unauthoiiz^ encroachment, upon

land which has neither been sold nor rented.
The drainage space he is more especially respon-
sible for ; encroachments upon the public roads
he should.likewise report in order that the same
may be notified to ilie Magistrate. Encroach-
ments on the drainage space and public roads
should also be notified to the Executive Engineer.
That officer also should require the overseer of the
Public Works department periodically to inspect
the same.

bm^h^orlbL* ®- "^^^ Thoogyee is required to bring to the
we rakfl. noticc of the Deputy Conmiissioner, without de-

lay all infringements of the abkaree rules. He
is expected to look closely to see if the rules are
obeyed, or not. To enable him to do so, he is
furnished with a Burmese translation of the rules.

RULES

FOB THE 6BANT OF TOWK ALLOTMENTS

IN BANGOON.

Bangoon, 14th October 1853.

The following rules for the grant of town and
suburban allotoients within the limits of the
jurisdiction of the town Magistrate of Rangoon,
sanctioned by the Most Noble the Gtovemor Ge-
neral in Council, are published for general in«
formation. The letters have reference to a litho«
graphed plan (rf the town.

Limits of ju- 1. The jurisdiction of the town Magistrate
town1??gif^^^^^ extends on the Rangoon side of the Irrawaddy

south of a line drawn from the northern extremi*

269

tj of Neikban village in Kemendine; passing to
the north of Thwaytsay tank and royal lake, to
the northern extremity of the village of Puzoon-
doung. On the DaUah side, over all houses and
villages on the banks of the river, from th6 mouth
of the Fanlang cre^ to opposite the mouth of the
Fuzoondoung creek, witiun a line to be marked
out hereaftw.

Town lots how
sold.

2. All town lots will be sold by auction at an .To
upset price, except that parties who are known
to the local authorities to have occupied residences

or places of business when the war broke out, will
be allowed to retain the sites on which they now
reside, or to acquire other lots in lieu thereof, at
the minimum selling price fixed for such lots,
without their being put up to auction.

3. Half of the purchase money to be paid Pn«^w» "w^
within three days from the time of sale, and JSl^ ^^

the other half within one year, failing which the
lot or lots shall be sold at the risk of the first
purchaser.

4. The minimum selling price for town lots, . Mimmum aeu-
with the exception of those m the line of squares *** ^"^
farthest back from the river bank, is fixed m

follows : —

No. of lots
in each
sqaue.

Class of
lots.

Na of
square feet
in each lot

Bate per
square foot.

Price of each
lot

Total of
each class.

12
24

1
2
3

4
5

11,500
6,000
2,000
1,600
1,250

As. P.

3 0
2 3
1 6
1 6
1 6

Rs. As.

2,156 4
843 12
187 8
160 0
117 8

Rs. As.

25,875 0

20,220 0

4,680 0

1,200 0

9,375 0

TotaL...

61,350 0

360

The minimum selling price for town lots in the
roM' of squares farthest back from the river bank
is fixed as follows : —

""rnirc--^

square.

lots.

Price of each
lot

Total of
each clas&i

12
24
48
6
80

Ab. p.

Rs. A«. P.

11,600

2 8

1,612 8 0

6,000

1 6

662 8 0

2,000

93 12 0

1,600

76 0 0

1,250

68 9 6

Total,...

Ra. Ab,

19,360 0

13,600 0

2,340 0

600 0

4,687 8

40,477 8

Land assess*
ment.

5. Each town lot will be charged with an an*
nual land assessment in lieu of the capitation tax
levied on families residing beyond the limits of
the Magistrate's jurisdiction. The rate of this
assessment is fixed at present at half a pie per
square foot on the area of the lots as follows : —

rupees.

.15

Ist class lots, ..

2nd

8rd

4th

5th

>♦

>»

annas.

pie

The Government reserves the right to raise
this rate at any fiitiu*e time.

The land assessment will be collected upon the
general principles of Act XXXV of 1852, as far
as the same may be applicable to the case.

Manidpai tax, 6. Each towu lot wlll further be charged with

a monthly municipal tax, which for the present
is fixed as follows : —

Iflt dasB lots, ..

2nd

drd

4tli

>»

rupees.

amiAs.

pie

... 8

... 1

... 0

261

7. A good and substantial bonft fide dwelling stipulation ro-,

-O ^ gaixliuji erection

house or warehouse must be erected upon each of houses,
allotment within one year from the date of sale
or allotment, failing which the lot will be litible
to resumption by Grovemment. Wlien a lot is
resumed under this rule, the registered owner
will be entitled to receive back the principal sum
received by Government as the original sale price
of the lot, but no more. Such resumed lots will
be resold only under the condition of brick or
pucka houses being erected thereon.

8. All houses in square F to be of brick, with J^^cka hoiues

1 j-i J - "^ -¥TT«ii_» XI • 1 only to be erected

pucka or tiled roofs. Within this space also a in one square, and
few lots of greater area than the ordinary first ^f^'f^ ""other
class lots will be granted to merchants and others squares.
requiring extensive premises to carry on their
business.

All houses on lots of the first and second classes
to have a pucka or tiled roof within two years,
and of the remaining classes a tiled roof within
three years, from the date of sale or allotment ;
failing therein each house will be liable to double
municipal tax until such roof be constructed, for
a period equal to the time allowed to construct
the roofs prescribed for each class, viz : — ^two
years for the first and second classes and three
years for the remaining classes. After the expi-
ration of this period, if the prescribed roof is not
constructed, the lot will be liable to confiscation.
Temporary roofs, of other materials than tiles, to
to be covered with a coating of mud, or with
white-washed mats, as direct^ by the Magistrate,
failing which the Magistrate may order the house
to be unroofed.

9. First class lots in each square, viz : — Nos. Temporary rei
2, 8, 5, and 11, wiU be reserved untU the drain- S^ ""^ """
age, which will have to pass through them, shall

be completed.

262

^ RcwiTfttion of iQ tijp ^^^ centre double rows of lote in

square C 2 and F 2, will be reserved for publie
baz^rsy and the space C, by the river side, will be
set apart for a fish market.

lau^vSml^ ^ ^^' "^ register will be made of purchasers at
'^^ the original sale, and thereafter all partitions of

lots, and all sales and changes of ownership of
lots or portions of lots, must be duly registered.
The registered owner alone will be recognized by
the Courts, and he will be charged with the land
and municipal assessment of the tenement regis*
tered in his name. On his failing to pay these
assessments when due, any occupant or occupants
of the whole, or of any portion of the tenement,
will be jointly and severally chargeable with,
them.

Prohibition of 12. The quantity of gun-powder kept on any

premises within the town is not to exceed 121bs,
Any person having more than that quantity will
be required to deposit the surplus in a magazine
which will be erected by Grovemment. No buf-
faloes, oxen, cows, or pigs, will be allowed to be
kept on any lot within the town, nor will any
slaughter-house, or manufactory which is ofien-
sive or injurious to public health be allowed to
be established ; nor will the burning or burying
of the dead be permitted within the town.

13.^

B/Cpealed under the rules published on
the 9th January 1854.

nniaaocos.

14.
15.
16.
17.

Land ftfsegtf- 18. Pcrsous at present occupying land within
^1* twf to*bi t^® limits of the Magistrate's jurisdiction without
levied on whom, grants from the local authorities, wfll be charged,

from the 1st of May 1853, land assessment and
municipal tax, on the principle and at th^ rates
laid down in these rules.

263

19. The purchasers of lots under these rules ^»si»t oi pn^^
^ill ohtain a right of property in the soil, suhject ^^esoii^^^*
to the conditions ahove set forth.

RULES

FOR THE GRANT OF SUBURBAN ALLOTMENTS

IN RANGOON.

Rangoon, Ist November 1852.

The following revised rules for the grant of
suburban allotments \iithin the limits of the
jurisdiction of the town Magistrate of Rangoon,
sanctioned by the Most Noble the Governor Ge-
neral, are published for general information : —

1.- Sections 13, 14,15, 16, and 17 of the rules . Repeal aeo-
for the grant of town and suburban allotments, ^^ of thi^ut
publish^ on the 1st of November 1853, are re- November ism.
pealed from this date.

2. Suburban allotments are divided into four DiyiBionofiot*.
classes, according to their situation and vicinity

to the town.

3. The first class comprises all lots lying along Fint ciaai.
the bank of the canal road in the town, and all

lots immediately adjoining the esplanade between
the southern face of the stockade and the canal.

4. The second class comprises all lots, other
than those of the first, situated around the town
of Rangoon, within the limits of a line formed
by the southern face of the stockade, proceeding
eastwards to the Fuzoondoung creek, and of a
line drawn from the southwest angle of the stock-
ade to a pillar to be erected on the Kemendine
road.

5. The third comprises all the lots to the east-
ward of the stockade, other *than those of the first
and second classes, and lots on the westward of
the stockade situated between the line drawn from

Second c1m8.

Third olMii

264

the south-west angle of the stockade to the pillar
on the Kemendine road, and a line drawn from
the north-west angle of the pagoda platform to
the point where the Kemendine road is intersected
by the Tsan-khyoung.

Fourth claw. Q ^he fourth class comprises all lots situated

to the north of the line drawn from the north-
west angle of the platform to the point where the
Kemendine road is intersected by the Tsan-
khyoung.

ft ^u^ for^ ^^ ^' -^^y person desirous of obtaining a grant

of the suburban allotment, will apply in writing
to the Deputy Commissioner of Rangoon, or other
officer in charge of his office, and will specify the
locality of the land he applies for, the class to
which it belongs, and its length and breadth.

Procedure by 8. On application being so made, the Deputy
Sonen" ^™^*" Commissioner, or other officer in charge will as-
certain if the land applied, for is available, and
should it be so, will proceed as hereinafter directed.

Limit of lots. 9, ^q suburban allotment will be granted of

greater extent than 10 acres.

Minimum sell- 10. Tlic land applied for, or any portion there-
SSoShi^ rates. ^ of, shall, if available, be put up to auction at a

minimum upset price, according to its class : —

' Ist class rupees 1000 per acre.
2nd „ .„ 400 „

3rd „ -„ 200 „

4th .„ „ 50 „

Lwid asf 688- 11. An annual land assessment in lieu of capi-

t^ition tax will be charged upon these lots accord-
ing to their class, at the following rates on the
area occupied by buildings of any description :~-

Ist class 4 pie per square foot.
2nd „ 3 „ „ „

3rd „ 2 ^ „ - ,j

4th >, 1 J, .« ^1

265

Tlie Government reserves the right to raise
these rates at any future time, and will do so on
allotments of the fii*st and second classes, it they
are sub-let or divided into minute biulding lots. *

12. These lots will also be subject for land re- Land tax.
venue to a yearly land tax, which is fixed for the
present at three rupees per acre.

13. The municipal tax will be assessed month- Municipal tax.
ly upon the dwelling house, according to its class,

at the same rate a« houses on lots mthin the
town.

14. A register will be made of purchasers at .l><^ *? **^
the original sale, and thereafter all partitions of p^i^" ckargei-
lots and all salesr and changes of ownership of ^e with aaseaa.
lots or portions of lots, must be duly registered. ™* *

The registered owner will alone be recognized by
the Courts, and he will be charged with the land
and municipal assessment of the allotment regis-
tered in his name. On his failing to pay these
assessments when due, any occupant or occupants
of the whole or of any portion of the allotment
will be jointly and severally charged with them.

15. The grantees of lands under these rules pen ^^^onve^ed
will obtain a right of property in the soil, subject m tiieaou.

to the conditions above set forth.

RULES

FOR THE GRANT OF SUir-BUILDING AKD TIMBER
YARD ALLOTMENTS IN RANGOON.

Rangoon, January 9th, 1854.

The following rules for the grant of land for
ship-building and timber yards in the vicinity of
Rangoon, sanctioned by the Most Noble the Go-

* The area occupied by sheds erected over ships buildingi reiMdring,
or laid up, or over sawpits, or any other sheds which are evidently
Bheds, ana not dwelling houses, will not be included in this assessment,
(^raflaries, ware-houses or buildings w^alled all round do not come withia
the category of ^'ehcd-s.'*

266

veimor General in Council^ are published for
general information.

No grants for ship-building or timber yards
will be made on lands between the mouth of Bo-
tatoung creek and the mouth of the San-kyoung
on the Eangoon side ; oir from the Gov^mmcnt
coal shod to 300 yards up the Ballah ereek^ on the
Dallah side of the riyer*

pi5^rng^for*^a ^' ^^^7 P^^sou dosirous of obtaimng a grant
grant of land for of land txpon the rircr bank in the Ticinity of

rfiiV^buUding*^®.*^^^ ^^ Ran^n, for the purpose of making
yard. a timber or a smp-building yardi wUl apply in

writing to the Deputy Comnussioner of Rangoon,
or other oflSicer in charge of his office, and will
specify the localify of the land he applies for, with
the length of river frontage and depth in yards.

^5^"*^,*?,^ 2, On application hdng so made, the Deputy

made whether-^ . . ^* ., i» - i^ mi ^

the land u avaU- Conmussioncr, or other officer m charge, wiU as*
able or not certain if the land applied for is available, and,

should it be so, will proceed as hereinafter directed.

River frontage 3. ^0 grant of land foT the purposes above
excSd260^^ti^ mentioned will be made exceeding in river front-
age 250 yards, to be measured at high-water mark,
and the same extent in depth.

^ Amojmt of ^^ ^^ rphc land applied fcMP, or any portion there-
rates^ of °ani^ of, shall, if available, be put up to auction at the
" faSS!"*" ^^ ^Pset price of rupees 500 per acre. The price

offered at such sale will be final. The assessment
and taxes prescribed for suburban allotments will
be applicable to timber ywds.

^^^ J^;J^ 5. •The land granted is to be reserved bon&
bon& fide for ship- fide as a &hip-building or timber yard, and in the
bS^^.*"' *^' event of its bemg used for other j^urposes, the

grant of the same will be null and void ; provided
that the restriction shall not be construed to pre-
vent the building of warehouses for the use and
profit of the owners of the land.

267

' 5. a Lands situated away from the rirer bank
and not included in timber or ship-building yards
as aboye described under rule 3, will be put up to
auction at the following rates: lands having a
creek frontage (as 2nd class suburban allotments,)
at rupees 400 per acre. Lands having neither a
creek nor a river frontage (as 4th class suburban
allotments,) at rupees 50 per acre.

6. A register will be formed for entering at Registry to be
the time of making each grant under these rules. "^^ or^divUion
No persons will be permitted to divide the grant, ^gnmt which
or sub-let any portion of it, without the sanction ^"^^suw^lx'
of the local authorities. All future divisions of cept with the
grants, sanctioned by the local authorities, must GSd^authCnti^!
be registered. The registered owner will alone be
recognised by the Courts, and he will be charged *

with assessments.

7. The grantees of lands under these rules oranteo of hmd
will obtain a right of property in the soil, subject J? fj^y iS^he
to the conditions above set forth. aoil

RULES

POB THE GBANT OP EXTRA SUBURBAK ALLOT-
MENTS IN RANGOON.

The following rules for the grant of extra sub-
urban allotments in the vicinity of the town of
Rangoon, sanctioned by the Most Noble the Go-
vernor General in Council, are published for ge«
neral information:

Land within a circle of four miles from the
limits of the jurisdiction of the Magistrate of
Rangoon will be granted to applicants on the
following terms :—

1. Pirst class, comprising lots situated on the First class hov^
banks of the Irrawaddy or Pegu rivers, or on the ^ ^ ^^^
east bank of Fuzoondoung creek from its mouth
to opposite the boundary pillar marking the li-
mits of the Magistrate's jurisdiction on the west

268

liank, will be sold by auction at an upset price of
rupees 400 per acre.

howto^bewid,** ^' Second class, comprising all lots having a

river fi'ontage, or any creek or nullah navigable
by boats in the dry season, will be sold by auc-
tion at an upset price of rupees 60 per acre.

^^ird cUst 3. Third class, comprising all other lots than

the above, will l)e granted free,

^^and aaseM- 4, The annual land assessment on all these

lots is fixed for the present at rupees three (3)
per acre, and the grants will be exempted for the
first yeai's as follows, according to the description
of jungle upon them : —

. •

Ist class
lots.

2nd and 3rd
class lota.

Mangrove and tree jungle^ .'

Buah juDfflO| ...

Reed and long sraM,

Short grass and fallows,

years,
2

1
0
0

years.

3
2
1

Sise of firstdaas 6. No lots of the first class to cxcced 250 yards

lots.

of river frontage, by the same in depth.

«»>d T^"^ *°^ ®- ^^ 1^*^ ^^ *^^^ second and third class to ex-

ceed 100 acres.*

RULES

TO EKSrRE THE BETTER OBSERVATION OF THE

FOLLOWING RULES: —

Section 11. — Of the town allotment rules,
dated 1st November 1853.

Section 14. — Of the suburban allotment
RULES, dated 9th January 1854.

* The above niles do not apply to paddy land nor to any land
which was occupied or built upon on the Ist January 1856 and which
still remains so ; but unoccupied land situated within three hundred
yards of the bank of any river or creek is reserved to be granted under
these rules.

269

Section 6. — Of the SHiP-BUiiiDiKa and tim-
ber ALLOTMENT BTJLES, dated 16th November
1853, in respect to registration of ownership to
land in the town and suburbs of Rangoon.

Dated Ist AprU 1859.

1. The register required to be made of pur- . ^^^^ register

V i»iij. xjxi 1 ,^.in revenue office.

chasers of allotments under the above rules is
kept in the revenue office of the Deputy Commis-
sioner's Court, and is not merely the registry in
the office of the Registrar of deeds.

2. By section 11 of the town lot rules, and 14 ,J?/«if *rt?

V ' owner &lone ro-

01 the suburban allotment rules, all partitions of cognized.
lots, and all sales and changes of ownership of
lots, must be duly registered. The registered
owner alone will be recognized by the Coiirts, and
wiU be charged with the land and municipal as-
sessments of the allotment registered in his name;

3. Under section 6 of the ship-building and
timber allotment rules, registration of ownership
by a purchaser is also imperative, but the divid-
ing or sub-letting of grants, except under special
sanction, is prohibited.

4. On the occasion of transfer of proprietary ^^^^^^^^^^
right in any entire lot, or distinct portion of a ed\ Rev^^ of-
lot, whether from de^th of the former owner, ^^

from sale, or from any other cause, the same is to
be notified to the Deputy Commissioner of Ban-
goon, and the name of the new proprietor regis-
tered in the Revenue office of the district. No
proprietary right in the land will be recognized
by any Court in Pe^, unless the proprietor's
name has been so registered.

5. In cases of transfer by sale or assignment, ^^j^'*"^^®' ^^
the same is to be acknowledged by both parties

in person, or by accredited agents, before the
Deputy Commissioner at the time of registry, and
the registry is to be attested by the principals, or

270

their agents, and also by at least two competent
witnesses, whose names and places of abode are
to be inserted.
^&ib.divi«ion of 8 III jj^iiy subdivision of lots, the measure-
ment for lx)undar7 of such sub-division should be
distinctly given.

' 7. Purchasers of a fractional interest in a
whole lot, without sub-division of the same, should
also have their names registered in like manner.

Registrar of 8. From and after the Ist May 1859, the Re-
**^ gistrar of deeds u^ill receive for registry only such

deeds referred to in the above rules as may be
first certified on the face thereof by the Deputy
Commissioner as having been registered in the
Kevenue office.

SCALE OV FEES
leviable fob re6istbati0k op town lands in
Rangoon, sanctioned by Government of
India in the Foreign department letter
No. 747 dated the 22nd op July 1864.

rupees, annas, pio.

For registration of tho name of the
owner, and other particulars in the
register book ... 2 0 0

For searching the register 1 0 0

For granting copy of any single en-
try in any register 0 8 0

TRANSFER OF TOWN ALLOTMENTS,

RANGOON.

A RULE AS TO NOTICE IN CASE OP DEATH OP PRO-
PRIETOR OP A TOWN OR SUBURBAN ALLOTMENT.

Rangoon, dated

Any person claiming to represent the deceased
proprietor of a town or suburban allotment, and
desiring to have the land register altered aocor-

271

(Hngly, ^yiVL apply, in writing for this pui^ose, to
the Deputy Registrar, who will issue a notice
three times in English and Burmese, in the Of-
ficial gazette, and have a copy of the same affix-
ed at his office, inviting all persons claiming, as
heirs or otherwise, to succeed to the said land, to
appear before him within fifteen days, at the ex*
paction of Avhich time all claims wUl be investi-
gated and the land will be duly transferred in the
register to the claimant having the strongest ti-
tle ; dissatisfied parties being referred to the Civil
Courts for substantiation of their claims. Provi-
ded that if it appear to the said Deputy Eegistrar
that none of the claimants have sufficient title,
he may decline to make any transfer of landed
property as provided for in this rule.

RULES

rOB CONDUCTING SALES OP LAND BY ATJCTION, IN
TEE TOWN AND SUBUBBS OF BAN600N.

Dated 26th April 1853.

1. All lots of hmd situated within the town ^ ^^J^^^''*
and suburbs of Bangoon, and all land applied for ^^

as ship-building and timber yard allotments, shall,
as provided in the rules for the grants of land in
Eangoon and the vicinity, be put up for sale by
pubhc auction, at the upset price fixed in the said
rules.

2. Parties who may require such allotments, ^J^^^^^^^ ^^'
'Will apply in writing to the Deputy Commisioner

of Bangoon, or other officer in charge of his
office, specifying the locality of the land — ^the
class to which it belongs — ^its length and breadth,
and in the case of ship-building and timber yard
allotments, its river frontage.

3. On ascertaining that the land is available, ^J^^^ t *a ^
the Deputy Commissioner, or other officer offici- uST ^^'
ating in charge of the revenue office of the dis*

272

trict, tidll issue a written order to the Gorem-
ment auctioneer, directing him to sell the said
lot, after giving 16 clear days' public notice, and
advertising the same, at least three times, in the
local newspaper or advertiser, aocoiding to the
following form, viz :—

Te£ undersigned are instructed to sell by auc-
tion on the the following town
[or suburban] lots :

lat class lot No. — ^block —
Jnd „ ,1 ,1 I,

"''^ >l w » »

5th

99 . 79 *t n

TeriisedL

Terms and conditions of sale as usual.

The sale to take place on the spot at half past

7 A.M.

(Sd.) , ,

Auctioneers.

Hangoon, the day of 186 .

Dsys of sale. 4, For the present these sales are fixed for

Tuesdays and Saturdays in each week.

Land to be ad- 5. The Govemmcnt auctioneer for the sale of

town lands will, on the receipt of the notice
above referred to, post a placard announcing the
sale of the land to be sold, and publish the adver-
tisement of the sale three times at least in the
local newspaper or advertiser ; and cause, on the
day previous to the sale of the land, proclamation
of such intended sale to be made in a public
manner through the tovm by the beating of a
gong, and particularly at the spot where the auc-
tion sale is to take place. A placard announcing
in legible characters that land is for public sale,
will be put up by the auctioneer on the lot or
lots intended to be sold, not less than 24 hours
previous to the sale, and it shall remain there
until the sale takes place.

273

6. On the morning of the sale, the Govern- ^^J^ ^^ sold
ment auctioneer for the sale of town lands will ^^ ^ *^
himself, or hy a competent party, attend at the

place of sale, and put up each lot, or parcel of
ground to auction separately, at the Government
upset price as already provided, and knock down
the ground to the hidder of the highest price
offered at such sale, which price will be consi-
dered final.

7. Provided that at the discretion of the auc- J?5^j.*°^y^
tioneer, he may call on such auction purchaser to

pay down a deposit of 25 per cent, at the time of
sale, or give such other sufficient security for
completing the purchase of the lot, failing which
the lot shall he immediately put up again and re-
sold.

8. Provided, that on any dispute between auc- iMsputes, how
tion purchasers, the party who considers himself ^ ^ settled.
aggrieved, shall the same day present his com-
plaint in writing to the Deputy Conmiissioner, or

lodge it at the Revenue office, in case of the ab-
sence of the Deputy Commissioner, and the Depu-
ty Commissioner shall take up the complaint
summarily, and pass such orders on it as may bo
proper in the case, such orders to be final, if not
appealed to. the Commissioner within three days
from the date of the passing of such order.

9. Provided also, that no grant of the land ^«>^o-
shall issue until the case shall have been finally
decided, as provided for in the last section.

10. Tlie Government auctioneer for the sale ^ r;oJamv; n
of town lands will, at and during the time of sale, the spot"
have proclamation of such sale made on the spot,

by the beating of a gong.

H. The Government auctioneer for the sale Auctioneer lo
of town lands, or other such competent person as h^ViUng^^ ^"^^
may be deputed by him to sell the land, sliall in

selling each lot separately, stand on surh lot.

1 1

274

Name of ftc- 12. At the coiiclusion of the sale, the Govern-
cnterecL^*^*^^ ***' ment auctionecF for the sale of town lands shall

inquh'e of the party to whom the lot is knocked
down whether he has purchased it for himself or
for another person, and according as he shall de-
sire the auctioneer shall enter the name of the
Eerson said to he the actual purchaser in his sale
ook, and shall give to the party, to whom the
lot is knocked down, a certificate of purchase,
stating the price at which the lot has heen sold,
and the name of the party said to he the actual
purchaser, which certificate shall he presented by
the auction purchaser at the Revenue office of
the district on the day of the sale, for the pur-
pose of having it exchanged for a Government
grant.

FORM OF DEED OF SALE OF LAND.

Block class lot No. —

In coKsrDERATiox of the stun of ru-

pees to be paid by to the

Deputy Commissoner of Rangoon for the time be-
ing, for and to the use of Her Majesty's Govern-
ment in India, on the days and in manner here-
inafter specified. Her Majesty's Government in
India doth grant unto the said h heirs

and assigns for ever, all that parcel of land situ-
ated in the town of Rangoon, known as
class lot No. of block measuring

feet in length and feet in breadth, contain-

ing superficial feet or thereabouts^ sub-

ject to the conditions hereinafter specified.

And the said do hereby for h

heirs and assigns covenant, promise and agree

275

with and to Her Majesty's Government in India
in manner following ; that is to say : —

1st. — ^That the said h heirs and as-

signs will pay or cause to be paid to the Deputy
Commissioner of Rangoon for the time being the
sum of rupees in two instal-

ments as follows, that is to say, the first instal-
ment of rupees on or before the
day of 18 and the second instalment
of rupee's on or before the day
of 18

2nd. — ^And that the said h heirs

and assigns will pay from time to time such
amount of land assessment commencing from
and for the official year 186 -6 , and Munici-
pal tax as shall be demanded upon and on ac-i
count of the aforesaid parcel of land or any
buildings thereon by the local officers under the
sanction and authority of Her Majesty's Goyem-
ment in India.

3rd, — And that the said h heirs

and assigns will abide by and conform to all the
provisions of the rules for the grant of town and
suburban allotments within the jurisdiction of
the town Magistrate of Rangoon, published on
the 1st day of November 1853, by order of the
Commissioner and Agent to the Governor Gene-
ral and Viceroy in Pegu, with the sanction of the
Right Hon'ble the Governor General and Vice-
roy.

In witness whereof the said parties hereto have
hereunto set their hands and seals this day

of 18

Signed, sealed and delivered >
in presence of }

Deputy Cammissiofier of ItangooHy
for Ser Majesty^^ Government in India,

576

Block class lot No. —

Received from the sum of

rupees being the first instalment of

the within bond.

Deputy Cammia^ioner of Rangoofi .

Deputy Conamissioner's Office,

Rangoon,
The of 18

Received from the sum of

rupees being the second instalment

in full of the within bond.

Deputy Commissioner ofUaiigooti.

Deputy Commissioner's Office,

Rangoon,
The of 18

RULES

POR THE GRANT OF LAND FOB SHIPPING YARDS

ON THE BASSEIN RIVER.

Dated 20th July 185a

Land for shipping yards will he granted within
certain limits ^ subject to varying rates of assess^
ment and taxes.

ciasBiiication of 1. Land which is available for shipping yards
ahipping yard*. ^^ ^^^ |j^^g ^f ^j^^ Basscin rfvcr wiU be granted

with river frontage within the boundaries and on
the terms hereinafter mentioned : —

1st. — ^Existing shipping yards on the left bank
of the river, situated within the limits of the
town quarters, will pay taxes at the following
annual rates : — ^assessment in lieu of capitation
tax on ground covered by buildings at one pie
and a hsdf per square foot ; at the rate of three
(3) rupees an acre on occupied land not so cover-
ed ; and for mimicipal tax at one pie per square
foot on all ground covered by builcUngs,

277

2nd. — On the right bank of the river for a dis-
tance not exceeding two miles, measured along
the bank from a point opposite to the Sho6 Moor-
dau pagoda, and on the left bank beyond the
limits mentioned in clause first up to a distance
of two miles from the said pagodist, measured as
before, at the following annual rates :— on ground
covered by buildings, in lieu of capitation tax,
one and a half pie per square foot. Por land oc-
cupied but not built upon three (3) rupees an
acre. For municipal tax half a pie per square
foot on ground covered by buildings.

3rd. — On both banks of the river land distant
from two to four miles, measured as above from
the said pagoda ; — assessment in lieu of capitation
tax one and a half pie per square foot on ground
covered by buildings. On land occupied but not
built upon three (3) rupees an acre. Municipal
tax nothing.

4th. — On either bank of the river beyond four
miles distant from the said pagoda, for assessment
in lieu of capitation tax on ground covered by
buildings one pie per square foot. On ground
occupied but not built upon three (3) rupees an
acre. Municipal tax nothing.

2. Any person desirous of obtaining a grant AppUcation for
of land within the above-mentioned boundaries, S2de! ^^"^ ^ ^
will apply in writing to the Deputy Conunis-

sioner of Bassein, or other officer in charge of his
office, and will specify the locality of the land ho
applies for, with its length of river frontage and
depth in yards.

3. On application being so made the Deputy .i>eputy com-

^ ..*•■• 1 1_ /^ . -I .-if" •' miBsioner to as-

Commissioner, or other officer m charge, will as- certain if land
certain if the land be available, and, should it be *PP,^if *^ ^^^ "•

•n J 1 • XM. J- 1 J available.

so, will proceed as heremafter directed.

4. No grant of land for the pui^poscs above ^l^% °^ "''^'^
specified wiU be made exceeding in river frontage, ^^ ^^'

278

250 yards, to be measured at liigh water, or less

than 250 yards in depth*.

Minimum rate 5. The land applied for, or any portion there-

Tithinwo mu^ of, shall, if available, when situated within a dis-

of pagoda. tance of two miles from the said pagoda, when

applied for be put up at public auction, subject
to the taxes above-mentioned or hereafter to be
declared, at the minimum rate of one hundred
(100) rupees per acre.

Minimum' rate 6, Land situatod at a greater distance than
Ecyo^woVue^ *^^ niilcs from the said pagoda will, when applied

for, be put up to public auction at the minimum
rate of sixty (60) rupees the acre, and be subject
to the taxes above-mentioned, or hereafter to be
declared.

Register of 7. A register ^Yill be formed of purchasers
**Li"°"ard^ **^^^ under these rules and of existing owners of ship-
ping yards, who will receive grants for their yards.
Hereafter all partitions of such yards, and all
changes of ownership in them, must be registered.
The registered owner will alone be recognized by
the Courts, and he will be charged with the as-
sessment and taxes payable on land registered
in his name. On his failing to pay these assess-
ments when due, or in the event of his not being
found, any occupant or occupants of the whole
or of any portion of the tenement will be jointly
and severally chargeable with them.

Right of pro. 8, The purchasers and grantees of land under
perty in the soil ^j^^g^ ^^^ ^^yj ^-^^^^^ ^ ^^^^^ ^^ property in the

soil subject to the conditions above set forth.
Rates of asseas- 9. Thc ratcs of asscssmcut and taxes as now

ment and tax

may

be*aitered. declared may be raised or lowered hereafter.

Taxes by whorti 10. Any amouut of asscssmcut or tax due on
payable. ^^^^ granted or purchased under these rules, may

be recovered on the principle laid down for pro-
cesses against revenue defaulters in the revenue
rules for the province of Pegu. Either the owner
or occupier is responsible for the amoimt due.

279
RULES

FOR THE SALE OF LAND IN THE TOWN AND
SUBURBS OF MAULMAIN.

1. All land shall be sold at public auction
under and subject to the terms and conditions of
these and the auction rules hereinafter men-
tioned.

2. All applications for land shall be made in
TiTiting, accompanied, except for town allotments,
by a rough sketch of the same, stating its bound-
aries and vicinity, also specifying clearly the ob-
ject and purpose for which it is required, to the
Deputy Commissioner or officer in charge of the
grant department.

With every application a sum of ten rupees
must be deposited to meet and cover the expenses
of surveying, conveying, advertising and notifying
the sale, &c., &c. Any surplus will bS returned.

3. Every original sale of land will be regis-
tered by the officer signing the grant in the land
registry office of the grant department.

4. Every grant of land, besides such other
special conditions as the Chief Commissioner or
Commissioner may, with the consent of the
grantee, have imposed, shall be subject to the fol-
lowing general conditions, the infringement or
neglect of any of which will render it liable to
resumption :—

1. — All buildings erected on lots in the town
itself shall be made of substantial materials with
pucca, tiled, shingled, or plank roofs, or a roof in
the opinion of the local authorities equally secure
against fire.

2. — The land, with all erections thereon, will
always be liable for the discharge of the public
taxes, local and general, and the mimicipal assess-
ment.

280

3. — The tenants, or other persons in possession
or occupying in the absence of the owners, will be
liable for the payment of these taxes and assess-
ment with the right of recovery from the owner
as provided for by law.

4. — ^The owner of the land binds himself to ob-
serve all local laws in force, or which hereafter
may be put in force regarding the registration of
land.

5. — ^Every payment for land, and charges or de-
posits on accoimt of land, shoxdd be made only on
a receipt being given, and not otherwise.

5. In all applications for, or other matters
concerning land, the Deputy Commissioner, or
officer in charge of the grant department, must be
addressed by petition which should be presented
in person, or by some competent agent to hear
and receive the order which may be passed there-
on, all correspondence with the department being
impracticable and forbidden.

Any ordinary inquiry may be made in person
at the grant office.

6. Every sale of land will be publicly notified
in English and Burmese at least 15 clear days be-
fore the sale.

The notice will specify the date, hour, and
place of sale; the land to be sold, its area, its
upset price and the terms and conditions of the
sale, and be published three times in one of the
local newspapers, or other advertising medium ;
one copy will be affixed at the grant office, and
another at the most public spot near the place of
sale.

7. All land will be sold on the spot at the
upset price, and tom-tomed at least one hour be-
fore and up to the time of sale mthin a circuit of
not less than 300 yards of the land to be sold.

281

8. The land will be knocked down to the
highest bidder above the upset price (whether he
be the original applicant or not) and the sale
then declared.

In the event of any dispute of doubt which of
two or more is the last bidder, the land will be
immediately again put up at the previous bid and
then sold to the person who next thereafter bid^
highest.

9k Every^purchaser, if required by the auc-^
tioneer, must pay doWn at the time the sale is
declared one fourth of the purchase money, failing
which the land will again be put up (at the upset
price) at his risk and loss in consequence of such
re-sale, but without any of its advantages.

10. One half of the purchase money must be
paid within 3 days from the sale, and the remain-
ing half within two months thereafter, failing the
former the land will be re-sold under the same
conditions as stated in rule 9 — failing the latter,
the money previously paid will be forfeited and
the land lapses by right to Government.

11. All charges and expenses incurred in sur-
veying, advertising and selling the land must be
paid by the purchaser, in addition to and besides
the purchase money.

12. The purchase money may be paid either
in rupees or government currency notes.

•

13. Within 12 hours from the declaration of
the sale of any land the auctioneer must send in
to the Deputy Commissioner or oflBcer in charge

• of the grant department a memorandum specify-
ing the (1) date of sale (2) name of the piu-chaser,
(3) number, division and area of the lot, and (4)

^ the amount of the purchase money.

282

14. The upset price of all land, if not alrcacfy*
fixed in the scale of upset prices for each division,
will be determined by the Commissioner, after
considering the present value of the adjacent land
and any other advantages the site and position of
the land intended for sale may possess.

15. No sale will be considered final until the
third day after, exclusive of the day of sale, unless
the Avhole simi be paid previously.

Upon this day, but not before, and conditional
upon the payment of the half of ihe purchase
money, the auctioneer will give the pm-chaser a
certificate, with the particulars noted in rule 13,
besides the receipt for the half of the purchase
money.

On presentation of the certificate at the grant
department, a grant will be issued for the lot in
the name of the certificate purchaser.

16. In the event however of any one feeling
aggrieved, from whatever cause, by the sale of any
land, he may present his complaint at any time
before the sale is made finals as set forth in the
preceding rule, to the Deputy Conamissioner or
oflicer in charge of the grant department, who will
hear the matter summarily, and either dispose of
the case himself, if he considers it within his
authority and proper so to do, or refer it to the
Commissioner.

In the event of any appeal being made witliin
three days from liis order, or pending the refer-
ence to the Commissioner, the issue of the grant
will be suspended.

The order passed by the Commissioner will be
open to appeal for thirCy days only, to the Chief
Commissioner, whose order in any case will be
final.

17. All land nmst be sold by the auctioneer
himself standing on some portion of the same.

283

A substitute will not be allowed without the
sanction of the grant department.

18. Tlie auctioneer in all cases will receive
his instructions from and act under the authority
of the Deputy Commissioner or officer in charge
of the grant department only.

19. The auctioneer shall immediately pay into
the government treasury all monies received by
him on account of land, or other matters con-
nected with the grant department, with a chellan
setting forth all the partictdars thereof, and coun-^
tcrsigned by the Deputy Commissioner, or officer
in charge of the grant department.

20. All excesses in the measurement of land
to be reported to the Commissioner, and disposed
of imder his orders only,

1. — In the event of their disposal, the land in
excess will be first offered at a fixed rate to the
grantee within whose compound it may fall, fail-
ing his purchase of the same at this price it will
be put up to public auction at the same fixed rate
and knocked down to the highest bidder who
must be a contiguous landholder.

2. — ^If the land in excess adjoin unsold govern-
ment land it may be resumed and make up a
portion of the same.

3. — ^All land in excess, sold at an upset price
or by public auction, shall be considered as part
and parcel of the land previously held by the pur-
chaser and subject to the tenure of the grant of
the same. ^

4. — ^The land in excess to be added in on the
plan of the original grant, after it has been regis-
tered and so written off in the grant department,
and colored red.

284
RATES

FOR THE SAXE OF LAND IN THE TOWN AND
SUBURBS OF MAULMAIN.

1st division.

MOPOON AND KyOUKTAN.

1st. — All land to the north 'N
of Kjouktan creek and west f 6 pic per square foot or
of Kyouktan and lower Mo- C 1361-4 per acre,
poon roads. J

2nd. — All other land iit for *) 2 pie per square foot or
building purposes. ) 455-12 per acre.

2ot) division.

MOUKOAK.

Ist. — All land weit of lower 1 1 anna per square foot or
Main road. ) 2722-8 per acre.

2nd.— All land east of the) ^ -■ ^^, a«„„«^ r^4. ^«
jbc^e and west of upper Main j «P-,Pf^^^;j ^-* -

3rd. — All land east qf the) 8 pie per square 'foot or
above. ) 680-10 per acre.

3b3> division.
Tavoyzoo and Myangoon.

Ist. — All land west of 1 1 anna and 6 pie per square
Haughtofl's road. j foot or 4088-12 per acre.

2nd. — All land east of the") o . ^ ,

above and west of Carthew's f ^ JS?.P^' ^^^"^ *^* ^'
road. J ^ 1815 per acre.

drd. — ^All land east of the") 6 pie per square foot or
above and west of Colvin's road. ) 1361-4 per acre.

4th.-Ainand east of No. 3. { ^ P^? ^Z. l^^T^ ^^''^ ^'

} 007 -o per acre.

285
4th division.

TSEET-KAY-KONG, ShOAY-DOUNG-TADAH

AND KaLADAN.

Ist. — All land west of lower ") 2 annas per square foot or
Main road. J 6445 per acre.

2nd.— All land east of No. 1") ^ „„„„ r. ^. ^^^ o«„«,^ /u^f
and west of Dalhonsie, Nya- } ^ Ti^L^f J^"^ '^"^^^ ^^^'^
bustee and St. Matthew's roid. ) ^"^ ^^2-12 per acre.

3rd. — All land cast of No. 2 ") « • r j.

and Tvert of upper Main road f « |S,P,? J?"",^ ^'^* °'
(St. Patrick's rSTd.) j 2041-14 per acre.

4th.-Alllandea8tofNo.3.) « fc^f' 'llJUr ^*'*'* "

J ioDl-4i per acre.

5th division.
Oboe and Dine-woon-qitin.

All building land in this Di- *) 3 pie per square foot or
Tision. } 680-10 per acre.

6th and 7th divisions.

All building land in these 1 1 pie per square foot or
two Divisions. / 226-14 per acre.

Note. — Garden, paddy, and waste land in the 1st, 2nd, and
last three divisions to be sold under the Bevenue Bules by
the Deputy Commissioner.

280

SECTION IL-MISCELLANEOUS

REVENUE.

CHAPTER I.— ABKABEE,

RULES

FOR THE SALE OF WINE, BEER, SPIRITUOUS AXD
FERMENTED LIQUORS ANP INTOXICATING DRUGS
IN BRITISH BURMA.

Preamble. Tho objeot of the Abkaroo or Excise department

Declaration of ^^ British Bunua is to raise for the public benefit

object. the greatest possible amount of revenue from the

smallest possible consumption of spmtuous and
other liquors and intoxicating drugs used by the
native population-.

It is not desired to extend the consumption of
spirituous liquors and drugs into the interior of
the country. At the sea-port towns and at the
large stations, where there is generally a consi-
derable foreign population, already accustomed to
the use of stimidants, the right to sell by retail,
for consumption on the premises, intoxicating
liquors and drugs may bo farmed out annually as
hereinafter provided. At other places in the in-
terior of the country no sale of liquor or drugs
will be allowed, except on the extreme northern
and southern borders of the province, where it has
been found impossible, except by measures which
would be vexatious to the whole population, to
prevent the illicit sale of opiimi brought fi^om
other countries.

In the principal towns, also, licenses will be
issued for the sale of European wines and of
spirituous and fermented liquors. The amount
derived from these, and from tavern licenses, is
credited to the municipal fund of each town.

287

Trees yielding toddy exist in most parts of tlic
country. Whether the sale of the toddy juice be
permitted or not, fermented toddy will surely bo
drank where the trees exist- The liquor is whole-
some and it is right to regulate the sale, and de-
rive a revenue therefrom, as the consumption
cannot be prevented, even were it desirable to do
so.

Distilleries are licensed under separate rules.

On the above grounds the following rules have
been framed for the province of British Burma,

to have eflfect on and after the 1st May 1866 : —

•

1. The Deputy Commissioner of each district ^^J^ ^""'^ "^'
may, \^ith the sanction of the Commissioner of

the division, let a farm for an annual sum, to be
ascertained either by calling for tenders or by
l)ublic auction^ for each year commencing with
1st of May the exclusive right of selling by retail,
within a specified locality, spirituous or ferment-
ed liquors for consumption on the premises, and
of intoxicating drugs. Provided that the same
shall only be sold at the head-quarter stations of
the Deputy Commissioner of each district, or at
such of them as may be deemed requisite, and at
such other towns as shall annually be allowed by
the Chief Commissioner. Provided that \nth the P^oviao.
sanction 6f the Chief Commissioner the period
for which a farm is let may exceed one year.
Provided also that in the districts of Akyab and
of Mergui the Commissioner of the division may
sanction the sale of opiUm with the permission
of the Chief Commissioner at places other than
the head-quarter stations, either by farm or by
license as shall be found most convenient.

2. Any person in whom the exclusive riglit faraw.^^"^*^^*^ °^
shall be vested of retailing (to be drank only on

tlie premises) all kinds of spirituous- or malt
liquors (except taree) in any such town, shall bo

286

called the sj)irit farmer of sucli totfil ; and the
person in whom shall he vested the exclusive
right of retailing (to he drank on the premises)
tarce in any sueh town, shall he called the tarec
farmer of such toivn ; and the person in whom
shall be vested the elclusite right of retailing
(to he consumed on the pi'emises sind only to he
taken away in specified quantity) opium and its
preparations in any such town, shall be called the
opiimi farmer of such town ; and the person in
whom shall bo vested the exclusive right of re-
tailing ganja and its preparations (only to he
^taken away in specified quantity) in any such
town, shall be called the ganja farmer of such
town. Each farmer has only the right to sell
within certain defined limits, which shall never
exceed the town or station where he may be
licensed to sell. The farmer will in no case have
a claim to compensation on account of any mea«
sures taken to supply troops or camp followers
with any kind of liquor or drug ; or on account
of any license issued for sale of liquor or drug
within any cantonment.

mo^'iy t'Uc'h ^- ^¥ ®P^^* ^^™^^ s^^ll consist of Spirit shops
farm. for retailing arrack, shamshoo, rum, and all other

spirituous and malt liquors, both of European
and country manufacture, (but not tai«ee) to bo
drank only on the premises. The taree farms
shall consist of shops for the retail of taree, whe-
ther fresh or fermented, to be drank only on the
premises, or removed jfrom the shop only in quan-
tities of not less than three (3) and not more than
twelve (12) quart bottles under a pass from the
taree farmers, who shall keep a register of such
passes. The opium farms shall consist of shops '
for retailing, and also for smoking, opium and its I
preparations, such as chundoo and muddut, on
the premises ; the retail quantity of opium allow-
ed to be taken away from the shop by any single

289

person at one time and once only within twenty-
four hours being restricted to one tola in weight,
exclusive of what may be consumed by the same
purchaser ou the premises. And the ganja farms
shall consist of shops for retailing ganja and its
preparations.

4. The number of shops in each farm and Number of
their distribution shall be as determined yearly i^tiw^^ * ^"
by the Commissioner of the division ; and locali-
ties of the shops shall be fixed by the farmer with

the sanction of the Magistrate at each principal
sea-port, and of the Deputy Commissioner of the
district at other stations.

5. The several farmers shall not sell any in- Saies restricted
toxicating liquors or drugs in other places than ^ ^^^*^

the shops authorized under the preceding section ;
and the spirit farmer shall not sell any quantity
of intoxicating liquors whatever, to be drank
elsewhere than on the premises ; and the taree
farmer shall not allow any taree to be removed
from his shop without a pass in each case ; and
the opium farmer and ganja farmer shall not give
any pass for any opium or ganja sold by them.

6. The several farmers shall not allow any Saie to cf^^ia
European soldier, sailor, woman, or child to enter ^'^^^ ^^^
their shops, or any person armed with any kind

of arms or weapons, and sliall not sell any quau«>
tity of intoxicating liquor or drug to any Euro-
pean, or person of Europeah descent.

7. The several farmers shall not sell any li- Sales on credit
quors or drugs on credit, and no suits will be p"^^^^**®^
received in the Civil Court to recover debts on

such account.

8. All farm shops shall be entirely closed up Description 6f
in the rear, and have only one door for ingress * °^**

and egress, and shall be substantially built of
brick or wood.

9. The several farmers, licensed retail dealers sign board ne-
and tavern keepers shall have their names, the ^^tiM^on!^ *^*

K k

290

designation of their farms, the number of their
shop and the number and nature of their licenses
painted on a board in English letters of not less
than two inches in height, shown or exposed over
the lintel of the door of each of their shops or
of the building wherein the liquor is sold*

\^Sl'^^^^^^ 10. All farm shops are to be kept closed and

no liquor shall be sold in them between eight
o'clock P.M. and day-break, and on Sundays the
said shops shall be closed at sun-set.
F^mi how 11. The Deputy Commissioners of districts

"** shall annually, one clear month and a half before

the expiration of the ofBicia) year, invite tenders
for the leasing of the spirit, taree, opium and
ganja farms in their districts, but separately for
each farm, and shall advertise, by publication in
the ** Official Gazette" of the division, the several
farias to be leased, and in what towns or places,
togetker with the number of shops allowed, and
the upset rent at which each farm is offered for
competition. For all taree farms the right is re-
sented for the Deputy Commissioner to fix the
rate at which taree shall be supplied to leakers to
bake bread, and the taree farmer shall be requir-
ed to aid in supplying what is requii*ed.
Commisaioiier ]2. Tlio Commissioner of the division may

InHiS*^^''™ proscribe rules for the invitation and acceptance

of tenders for such farms, or, where the tenders
may be less than the upset rent, for their disposal
by public auction or otherwise, and also for the
requisition of security for the due fulfilment of
the engagements entered into by the farmer.
The Commissioner of the division may also regu-
late the form and conditions of lease, and of the
agreement to be signed by the farmer ; and any
breach of those conditions shall render the lease
of the farm liable to annulment, and the payment
of all loss and damages to the revenue shall be
by the fanner.

201

13. The rent agreed upon shall be paid hi Rjenthowtobe
four quarterly instalments in advance, namely,

the first on the 15th April or on the day the ten-
der is accepted; the second on the 15th July;
the third on the 15th October, and the fourth on
the 15th January ; in failure of which, the farm
will bo put up to auction again for the period un-
expired, and the original purchaser shall forfeit
all profit from the re-sale, and shall make good
any loss that may accrue, and the Deputy Com-
missioner may summarily distrain his property
for its recovery, as well as sue for any balance
still due ; and any sales by the farmer between
the date on which the instalment may be due
and the date on which it may be paid, or the
farm re-sold, will be held to be illegal.

14. The farmei's shall be allowed to entertain ^^'^^^ abkAre©
and keep at their own expense such number of** ^^
abkaree jemadars and peons as the Magistrate at

any sea-port, or the Deputy Commissioner of the
district at other stations, may deem fit to sanc-
tion. The peons shall wear only such badges as
the said Magistrate or the Deputy Commissioner
of the district mav allow.

15. The spirit farmer in anv town where there , Spi"*^ '"™»

t_ f 11* i-ii * i_ 1 to buy from dii-

may be a licensed distillery or brewery, may be tuier.
required to purchase the spirituous or malt liquors
wanted by him for local consumption in his shops
from such licensed distillery or brewery, if ob-
tainable from it, or from such other distillery as
the Commissioner of the division shall direct,
and rates of price are to bo agreed upon and fixed
if necessary by the Deputy Commissioner, accord-
ing to which the distiller or brewer shall supply
such liquor. At towns where there is no such
licensed distillery or brewery, the spirit farmer
may be required to purchase from the licensed
distiller or brewer in the same division, provided
the said distiller or brewer agrees to sell spirits^

292

•^ &e., at such rate to the farmer as may be agreed

upon with the sanction of the Deputy Commis-
sioner of the district where the distillery is
situated.

Kights of own- 16. Tlic tarcc farmer shall not interfere in nny
not^to^inte^ way with the produce of trees that arc private
fered with. property or with those rented by private persons

from Government ; and has only the privilege of
exclusive retail sale of tarcc in his shops. No
taree farmer or licensed vendor shall interfere
with taree drawn for the manufacture of sugar.
But any persons, whether the owners of trees or
others, who shall sell either fresh or fermented
taree within the local limits of a taree farmer's
lease, or of a person holding a license, except to
the taree farmer or to bakers, after the sale to

such bakers has been sanctioned by the Deputy

Commissioner, shall forfeit for every such offenco
a sum not exceeding 200 rupees, and the taree
together with the vessels in wliich it is found
shall be liable to confiscation.

Taree lioenaes. 17. Jn all towus whcrc the right to scll tarco

is not farmed out, and in all villages at a dis-
tance of not less than four miles from the limits
of any taree farmer's privilege, the right to sell
taree shall be obtainable by license. For each
locality a defined boundary shall be given, and
the right to sell taree therein, to be consumed as
a beverage on the premises, shall be obtained by
the payment of a fixed sum for a license. Any
number of shops .may, with the sanction of the
Deputy Commissioner, be established under the
one license. A list shall be kept in the Deputy
Commissioner's office of each place where such
Hcense may and shall be issued, the boundaries
to which the license extends shall be entered in
such list, and the rate which will be charged for
the license, the same being liable to correction
each year.

293

18. No farmer shall sell any quantity of taree, Quantity *« ^
or drug allowed to be consumed or used elsewhere whcro than on
than on the premises, for the purpose of being so *^^ premises.
consumed or carried away, greater than the fol-
lowing : taree, 12 quart bottles ; opium, or any
preparation thereof, one tola weight, which weight,

beyond what any person may have consumed on
the premises, can only be sold once within twenty-
four hours to the same customer, for tlie purpose
of being carried away ; ganja and any preparation
thereof, five tolas weight. The sale of any such
quantity as above shall be deemed to be retail
within the meaning of these rules.

19. The opium farmers shall be stipplied by Opium to bo
the Deputy Commissioner of districts in which cr by whS^.^^^
they are licensed, with abkaree opium from the
Government stores, on application, at the rate of

24 rupees for each seer. Each seer or cake will
be cut in two on being delivered. Opium thus
supplied to the farmer shall be paid for by him
in cash on delivery, and the opium farmer shall
vend no other opium except such as is purchased
according to this section, or under section 23 or 24.

20. It is the duty of the Deputy ConoLmissioncr Supipiy how
when inviting tenders, or otherwise arranging for ^mateS ^ ^
the lease of the privilege of selling opium, to esti-
mate, determine and announce the whole quanti-
ty of opium which the farmer or Ucense holder

will be allowed to purchase from Government,
and to sell during the period to which his privilege
extends. That quantity will be determined on
by the Deputy Commissioner with reference to the
estimated consumption of the locality within
which the right of sale is to be granted. The
monthly quantity sold to the farmer will be re-
stricted to one-twelfth of the whole quantity de-
termined on for one year, and the farmer may
by required to purchase monthly such monthly
quantity.

291
Intoxicating £1. Anv pprson excopt a fanner who shall

uiniizs Lo iifi sold *

ouiy by farmera. spll any quautitv of opium or ganja 01' any other

intoxicating drug, or preparation of any such
drug, shall forfeit for every such offence a sum not
€3:ceeding 500 rupees ; and no person other than
a farmer or person licensed, or one possessed of a
pass or certificate from a revenui; officer of the pro-
vince, shall have in his house or otherwise in his
possession any quantity of opium, or preparation
thereof, exceeding one tola in weight, or of
ganja, or preparation thereof, exceeding five tolas
weight, under pain of confiscation and the fur-
ther penalties expressed in rule 35.
Exception in 22. The provisious of these rules, which de-

^vor o ruggist, ^^^^^ |.j^^ posscssiou of a greater quantity of

opium than one tola in weight to he punishable by
a forfeiture, shall not apply to opium acquired
under rules 23 or 24, and those provisions, and
the provisions of rule 21, shall not apply to the
possession or sale of opium, laudanum, or its
other preparations for medicinal purposes, as used
in the European pharmacopcea, by recognized
medical practitioners, chemists and druggists.

Importation of 23. Opium declared to be the produce of the

cSin^ *^**"^ Chinese province of Yun&n shall be allowed to be

Vide Chief imported by land into Pegu under the followini?

Commissi oner's tj.* i
circular dated COUdltlOnS Only :

llet ^''^'''* 1.— When any such opium is brought into Bri-

tish Burma the owner or importer shall give
notice to the nearest Customs or Revenue officer
of the quantity, in order that the same may be
reported to the Deputy Commissioner, as the
possession of more than one tola's w^eight is pu-
nishable.

2. — Such opium shall only be sold for con-
sumption in British Burma to an opium farmer,
after sanction from the Deputy Commissioner of
the district to which it is brought or permitted
to be taken, and on payment of the same amount

295

of duty as is payable on opium imported by sea
under Act XXX of 1851.

3. — Such opium may be exported by sea from
British Burma on payment of tlie rate of duty
levied on Malwa opium exported vUl Bombay,
namely, rupees six hundred (600) a chest of 1 10 tbs.
avoirdupois.

4. — Such opium exported by sea from any port
in British Burma shall be subject to the laws
which prevail in respect to opium at any British
])ort to Avhich it may be carried, and shall only
be brought back to British Burma subject to the
duty on opium as laid down in Act XXX of 1854.

24. Confiscated opium shall be disposed of ConfiBcated

1 i.1 !• 11 • I Opium how dia-

undcr the loUowing rules : — j,^ed of.

1. — On opium being declared confiscated, it
shall be submitted immediately to the examina-
tion of the Civil Surgeon of the place, who shall
certify that it is^ either marketable or useless.

2. — In the former case the Civil Surgeon shall
value the same, and the Deputy Commissioner
shall offer it for sale at the price fixed by the said
Civil Surgeon to the renter of the opium farm of
the place, together with such additional amount
per seer, as excise duty, as shall make the price
proportionate to that paid for regular abkaree
opium. In the event of the said opium farmer
refusing to take it at the price fixed, it may be
sold to any person who will give the price it is
valued at, with the excise duty.

3. — A certificate shall be given to the purchas-
er (if other than the renter of the opium farm)
of the quantity of opium purchased, and that the
said purclmser is allowed to export it from British
Burma within three months from the date of the
certificate, but not to use it himself or sell it with-
in the province of British Burma. Should the
said opium not be so exported within three months

296

it will again be liable to confiscation. If the full
price fixed by the Civil Surgeon cannot be obtain-
ed for it Avithin three months, the opium may be
disponed of as directed by the Chief Commissioner,
on reference from the Commissioner of the divi-
sion.

4. — In the event of the Civil Surgeon pro-
nouncing the opium to be useless, it shall be im-
mediately destroyed by order of the Deputy Com-
missioner, in his own presence.
Importation of 25. Any pcrsou importing any ganja shall ob-

^^^^ tain a pass for the same from the fismner, and from

the Collector of Customs at sea-ports, or from the
Deputy Commissioners of districts at other sta-
tions, stating the quantity and where it is intended
to be deposited ; and any ganja landed or foimd
in possession without such pass shall be liable to
confiscation.
Penaitvforper- 26. Evcry pcrsou Uceuscd to sell spirituous

new'm sh^ ^^ or fermented liquors, or intoxicating drugs, who

shall permit drunkenness, riot, or gaming in his
shop or within the same house, or who shall per-
mit persons of notorious bad character to meet or
remain therein, or shall receive any wearing ap-
parel or other effects in barter or pawn for Uquors
Intoxicating li- qj. dru^^s, or wlio pavs anv servant or laborer anv

Quor and drugs i • ° n i • ^ -^ . "^ . . • i.- v

not to bo given portion of his wagcs lu auy intoxicating liquors
in Ueu of wages, qj. drugs, shall forfeit for every such offence a

sum not exceeding 200 rupees.
License to 27. No liceusc shall be ffiven to any person

uell intoxicating i.i.i.1 • j •/» j.

drugs roBtrictod. cxccpt to thc oi>ium and ganja farmer to prepare

or sell any quantity of opium or ganja within
the Umits assigned for such farm or farmer.

Sales of liquor, 28. Bcsidcs the Spirit and taree farmers, no
prohibitwi^'^th^^ person shall sell spirits or other intoxicating li-
out license quors, or taree, without a license from the Deputy

Commissioners of districts ; and no license shall be
given for the sale of wines, spirituous or malt li-
quors, except at such towns in the interior as thc

297

Commissioner of the division may approve : and
tlie sale of wines, spirituous or malt liquor, at
other places, is prohibited. Provided that this Proviso,
rule shall not apply to commanders or super-car-
goes of vessels in harbour in any of the ports of
the province who may sell wines or other intoxi-
cating liquors in cask or original cases containing
not less than one dozen quart bottles, without
license, and nothing in this rule shall apply to the
sale by auction of any spirituous liquors, wines or
beer purchased by any person for Iiis private use
and so disposed of upon such person quitting a
place> or after his decease ; and provided that per-
sons, or a club, or mess of a regiment leaving a
station, may sell their stock of wine, &c., on hand,
l)y private sale or otherwise. Provided also, that
nothing is to prevent persons being allowed to
s(»ll wine, beer, spirituous liquors and such like, at
fairs, balls, race-courses, or similar gatherings, or
on board steamers and other passenger boats in
the usual course of provision for the comfort of
passengers,

29. Any person importing spirits or other in- ^^^J^t'^^^a ^
toxicating liquors shall obtain from the Collector

of customs or, where there may be no Collector
of customs, from the Deputy Commissioner of
the district, a pass for the same, and state whether
tliey are for sale or for private use, and where
tliey are intended to be deposited. All spirits
and intoxicating liqnors landed without such pass,
or found in possession and not satisfactorily ac-
counted for, whether in transit through any dis-
trict or otherwise, shall be liable to confiscation,
and the parties in possession, and those conniv-
ing at the importation of spirits or other iiiloxi-
(*ating liquors, shall be liable to the penalties ex-
pressed in rule 35.

30. The Deputy Commissioners of districts Licenses that

.1. ^ /• ii i» 11 • J • 2* ^oji he granted

may grant licenses of the following description, by poputy com-

L 1 ' misi^iouor.

^ liceBMe to be eivre^t onlv during l^e official
yeair, aad iu the town in whicn they are granted :

1. — Wholesale; for the vend of wines, spirits,
and malt Uquors of European or South African
f^id other colonial and foreign manufacture only, in
wood or in quantities of not lesa than twelve quart
bottles, or twenty-four pint bottles, corked aiid
sealed after the manner usual with Eim)pean wines
— ^to be drank elsewhere than on the premises.

2. — Retail ; for the vend of wines, spirits and
malt liquors of European or South Amcan and
other colonial, foreign and local manufacture, in
quantities of not less than three and npt more
than twelve quart bottles, or double th^ immber
of pint bottles of one and the same description of
liquor, corked and sealed after the manner usual
with European wines and spirits, to be drank
elsewhere than on the premises. Provided that
no such retail license shall be given except for
such town as the Commissioner of the division
shall permit, and that the number for each town
sliaU be limited at the beginning of ea^h year,
and be given only on the recommendation of the
Magistrate or other officer for the same ; and the
Magistrate shall recommend such retail licenses
to be granted only to respectable shop-keepers
and general dealers, who may wish to sell wines
and spirits, in addition to other articles of trade.

3. — Tavern Licenses ; for the vend of wines and
other intoxicating liquors to Europeans or per-
sons of European descent (not b^ing soldiers) to
be drank only on the premises. Provided that
the number of such licensed taverns shall be li-
mited as from time to time may seem proper to
the Commissioner of the division, and that at any
sea-port no tavern license shall be given by the
Deputy Commissioner without the special recom-
mendation of the town Magistrate, where there
is such an officer.
Fees on li- 3x. Persons taking out licenses for the vend

299

of spirituous and fermented liquors as aforesaid,
shall pay for erery such license as follows : —

At Bangoon and
Mauhnain.

At Akyab and
elaewliere.

Bupeeff.
Wholesale per annum, ... l60 75

Betaa do 300 150

Tivem do 500 250

and such fees shall, except in the case of tavern
licenses, include the right to sell wines, &c., by
auction. Licenses will always terminate on 30tk
April of each year. Should any person desire to
have a separate license to sell liquor by auction,^
it may be issued on jmyment of 100 rupees for
the priyilege in Bangoon or Maulmain, and of
rupees 50 in any other place to the end of the
official year. The license will extend to the sale
only of Eurc^ean wines, spirits and malt liquors, in-
quantities of not less than one dozen in one lot.

32. No wholesale or retail license shall be Tftyan kaeper
granted to licensed tavern keepers for the sale ot^^""^ *^^
liquors to be drank elsewhere than* on the pre^

mises. Provided that where such tavern keepers
may have a distinct store or shx^ for the sale of
general articles, which shall be locally separate
&om their tavern premises, they may be granted^
a retail license as shop-keepers and dealers, at tha^
recommendation of the Magistrate.

No licensed distiller will be allowed to take
out any license for the sale of liquor in less quan^
titles or in any other place than are permitted
under, the Ucense for the distillery.

33. No licensed vendors of spirits or malt li« Uqnor not to
quor — except the spirit farmer and licensed tavern' ^^^^^j?^^^
keepers — shall, allow any portion of intoxicating; vendors, exoept
liquors sold bv them to be iunk on the premises j^^™*®^

and nx) single bottle of liquor shall be sold or be al»^
lowed to pass from the shop of any retail lioe&sed
vendor under i^e plea of creing ' a sacniple bot(ie«'

300

Tavern ki^epers 34 x^ tuvoiTi keeper shall sell anv intoxicat-

not to sell to Eu- ... . .'j j xi * it

wpean soldier or iMg liquor m anv quantity to any Jiiuropean solclier,

twil^''"' **"* ^*- to any child, or to any native.
Penalties for 35. AH brcachcs of thcsc rules conimittecl Lo-

nS*roociaUy pro^ yond tlic limits of any town having a separate

videdfor. Magistrate, will be punishable by the Deputy

Commissioner of the district, or by such officer as
he may make the case over to, or who may with
tlie sanction of the Chief Commissioner be em-
powered to try and decide abkaree cases. Every
larmer or licensed vendor or dealer, or any other
person who may commit an oflfence against these
rules for which no special penalty is provided,
shall forfeit for every such offence a sum not ex-
ceeding 250 rupees for the first offence — and shall
forfeit a sum not exceeding 500 rupees for every
subsequent offence ; and if the offending party bo
a farmer, or licensed vendor, or dealer, or tavern
keeper, the Deputy Commissioner may further de*
prive him of his license. All sums paid in ad-
vance by such person shall in such cases be for-
feited, and in the case of a farmer the farms shall
h& re-let in the manner herein-before prescribed.

Disposal of 36. One half of all fines and forfeitures levied
^^^ from persons convicted of offences against these

rules shall be, after realization, paid to the in-
former througli whose information the breach of
any rule has been proved ; and all fines, forfeitures
and penalties leviable under these rules shall, in
default of payment, be commutable to imprison-
ment in the manner provided in section 3 of Act
XXIII of 1860, of the Bengal Code, as follows :—

Imprisonment When any person is sentenced to pay any fine or forfei-
in default of pay. turo under the said Act, such person in default of payment
men o ne. ^£ ^-^q game may be imprisoned by order of the Magistrate

for any term not exceeding two months when the amount
of the fine or forfeiture shall not exceed fifty rupees, or
fcr any term not exceeding four months when the amount of
the fine or forfeiture shall not exceed two hundred rupees ;
or for any term not exceeding six months when the amount
of the fine or forfeiture shall exceed two hundred rupees ; but

301

III any ca«o the imprisonment sliall determino upon the pay-
ment of the fine or forfeit ure ailjudged.

37. The distillation of any intoxicating: li(mor, ., ?«n*!^i?« for

i IT i.i'iii.1 ^« illicit uiatillation,

except under license authorized by the Commis-
sioner of a division, is altogether prohibited under
pain of confiscation of all liquor found on the
premises or elsewhere pertaining to the distiller,
the destruction of the entire apparatus, and a fine
not exceeding rupees one thousand (1000).

Nothing in these rules sliall be applicable to Jh^ ^^^"^ "P*
khoung and other liquor made and used by hill SILT ^ *** ^'"
txibes in the hill districts, or in such portions of
each district as the Commissioner of the division
may determine.

38. Nothing in these rules shall be construed ^^^ ^ ci«K
to prevent malt and other liquors being sold to be

used at clubs, sailors' homes and other such like
institutions.

39. No license will be granted for the sale of License in Can-
any intoxicating liquors in any Cantonment, and wted °^* ^^^^'
any person conveying into, or found within any
Cantonment with any quantity of spmts or other
intoxicating liquors in his or her possession, with-
out a pass, or other permission from the Com-
manding officer, the Cantonment Magistrate or

other officer whom the Commanding officer may
appoint to grant such pass or permission, shall
be liable to have such spirits or intoxicating li-
quors confiscated and in addition to suffer the
penalties expressed in rule 37 of these rules.

This rule is not to be construed to prevent the Proviso,
open sale of liquor on public occasions with the
permission of the Commanding officer and under
the authority of the Magistrate or other officer
didy authorized. No farmer or other person shall
be entitled to claim any remission of abkaree re-
venue by reason of any losses he may state he
has suffered with reference to the supply of liquor
to troops or camp followers.

302

of^«*°^"^*°* 40. These rulea shall commence and have
*' effect on and after the Ist day of May 1866.

PORM OF AGREEMENT TO BE SIGNED

BY EACH ABKAREE FARMER.

I, in consideration of being

licensed to sell within the town

(or village) of , for one year com-

mencing with the first day of May 186 do

agree and bind myself as follows : — *

I agree to pay into the treasury

the following instalments for the farm or permis-*
sion to sell namely : —

1. On or before the 15th of April 186 ;.. rupees

2. do. do. of July do.
8. do. do. of October do.
4. do. do. of January do,

I further agree to abide by the printed rules

for the abkaree department in British Burma, of

which I have received a copy, and of which a

copy signed by me is attached to this agreement.

Pot opium. I agree to purchase from Government all the

opium I require, or all that may be determined
on by the Deputy Commissioner under rule 20 of
the abkaree rules, at such rate as shall be deter-
mined on. I will not ask for more opiimsi than
is required for the consumption of the town for
which I have the farm, and I will not myself sell
any for exportation elsewhere, or connive at its
being carried away for sale at other places.

^^Miackand I agree to purchase from the distillery at
**• the whole of the arrack and sham-

shoo which I may require, paying such rate per
gallon as may be declared proper by the Deputy
Commissioner.

(Similar for taree and ganja farms.)

In case, of my decease, should my heirs, a^d
«i9Bigns npt at once, that is within twenty-fouir
hours, take measures to cany on the said
farm, I consent that any instalment paid in ad-

80S

vance may be vetained by Government as liquid-
ated dlQuages, and that the Deputy Commissioner
xnay take suck measures for the remaining por-
tion of tke term of the £arm still unexpired as he
xnay deem, fit.

NOTIFICATION
By the Chief Commissionee-

Bangoon, dated 18th August 1863.
Thefollomng orders relative to the importation by
land into British J^urma of opium said to be
groium w the Chinese prownee of Yun&n or ^ any
of the adjoining states, are published for general
information : —

1. When any such opium is brought i^ito ^«^ »^«^-
British Burma, the owner or importer should give ^^
notice to the nearest customs or revenue officer

of the quantity in order that the same n^y be
reported to the Deputy Commissioner, as the
possession of more than half a rupees' weight is
punishable under the local abkaree rules.

2. Such opium can only be sold for con^ump*
tion in British Burma after sanction from the
Deputy Commissioner of the district, to which it
is brought or permitted to be taken, and on pay-
ment of the same amount as is payable on opium
imported by sea under Act XXX of 1854.

3. Such opium may be exported by sea from
British Burma on payment of the rate of duty
levied on Malwa opium exported viS, Bombay— r
namely, rupees six hundred (600) a chest of
140 lbs. avoirdupois.

4. Such opium when expojrted by sea from
any port in British Burma mil of course be sub-
ject to the laws, which prevail in respect to opium
at any British port, to which it may be carried,
and can only be brought back to British Burma^
subject to the duty on opium as laid down in
Act XXX of 1854.

804

CiROUiiAR No. 776.

Dated 24th April 1866.

Extra Assistant Commissianers aiid Myo-^kes a/idj
atUliorized to try and decide ahkaree casei
under tlie existing abkaree rules up to the Imii
of fine or otiier punishment.

The foUowing sections of Act XXI of 185(J
(Bengal Code) mil have effect in British Burmaj
from 1st Mav 1866.— Circular No. 797, dated
2Gth April 1866.

power of Rb- 55. Any abkaree officer may enter and inspect at anj
kare« otKcera to time by day or by night the shop or premises in which any
inspect shops. licensed manufacturer or retail vendor shall carry on thai

manufacture of country spirits, or the sale of spirituous or

fermented liquors, or intoxicating drugs.

An<l to arrest 50. Any abkaree officer may stop and detain any person
persona carrniig carrying any spirituous or ferraentea liquors or intoxicating

tnLuiilJ'ation^^* 4^"^^ ^*^^^^ ^^ confiscation under this Act ; and may seize the

liauors or drugs with the vesselp, packages, or coverings in
which they are contained, and the animals and conveyances
used in carrying them ; and may also arrest the person in
whose possession such liquors or drugs are found.
And to arrest 57. Any abkaree officer above the rank of a jomadar of

unlicensed distil- p^Qng m^j arrest any person having in his possession an un-
licensed still, or any spirituous or fermented, liquors, or
intoxicating drugs, liable to confiscation under this Act, or
engaged in the unlawful sale of spirituous or fermented
liquors, or intoxicating drugs, and may seize such still, with
the materials for working it, and all such liquors and drugs.

Power of ab- 58. Whenever anv abkaree officer, above the rank of a

karee officers to jemadar of peons, shall have good reason to believe, from in-

searcU on inform- formation given by any person, which information shall be
ntiou of illicit . 1 1 ^ • ••. • "^ A i. • 'i. 1 i» 11 !•

manufacture or ^^^^^^ down m writing, that spirits are unlawfully manufac-

possession. tured, or that any spirituous or fermented liquors, or intoxi-

cating drugs liable to confiscation under this Act, are kept or
concealed in any house, boat, or other place, such officer may,
betweeu sunrise and sunnet, but always in the presence of a
darogah or other officer of police not being under the grade
of a jemadar, enter into any such house, boat, or place, and in
case of resistance may break open any door, and force and
remove any other obstacle to such entry, and may seize and
carry awav all stills and materials used in the manufacture of
such spirits and all such liquors and drugs ; iCnd may al^o
arrest the occupier of the houj'e, boat, or place, with all othor
pordons concerned in the manufacture of such spirits, or in
the keeping and concealing of such liquors or drugs.

805

50. The power of seizUre, search and afreet, given to ab- Officers of the
karee oflScers by the three List pr^eding sections, shall, in pojico, customB
regard to the seizure and search for contraband opium and SSrtmonts"^may
the arrest of persons found in possession thereof, be vested bevested with
also in the officers of the police^ customs and revenue depart- same |jowers as
ments, According to their respective grades. And it shall a^karce officers,
further be \&vdx3, fof the Government to invest the officers of
tliose departments, or of any of them, with the like powers)
with rdspect to the seizure of, and search for spirituous and
fermented liquors and intoxicating drugs of every description,
and the) arrest of persons found in possesBion of them ; and all
such officers when so empowered, as well as all police, cus-
toms, and Revenue officers when acting under the authority
conferred by this section for the suppression of illicit dealings
in opium, shall be held and deemed to be abkaree officers
within the meaning of this Act.

60. Whenever an abkaree officer shall arrest any person, Abkaree officer
or seiie any still, or any liqUof s or drugs liable to confiscation ^ report every
under this Act, or enter any house, boat or place for the pur- ^"^ toW^m
pose of searching for any stich illicit articles, he shall, within c^luperior and
twenty-fotlr hours thei^eafter, make a full report of all the to take the' per-
particulars of such arrest, or seizure^ or search^ to his official son arrested to
superior, and unless acting under the warrant of the Collector, J ^ ® . Mi^trate
shall carry the person arrested, or the illicit article seized, "^' *^
with all Convenient despatch to the Magistratis for trial or
adjudication.

65. All police officers are required to aid the abkafco Police officers
officers in the due execution of this Act, upon notice given or to assist abkaree
request made by such officers ; and any police officer who, officers,
without lawful .excuse, shall neglect or refuse to assist as
aforesaid, and any darogah or other officer in charge of a police
station, who, on application made by an abkaree officer under Penalty,
section 58 of this Act, shall fail to attend a search himself,
or to depute a subordinate officer not being below the grade
of a jemadar, shall forfeit for such offence a sum not exceed-
ing five hundred rupees.

• * • * #

Extract rROM CnfflF Commissionbe^s Circular
No. 797, DATED 26th April 1866, para. 3.

Thoo-gyees and kyay-dan-gyees will be con-
sidered as abkaree officers. The former having
rank above that of a jemadar of peons. Every
yazawut goung has the powers and duties laid
down for police officers in sections 59 and 65 as
above quoted.

CHAPTER II.— CUSTOMS.

ACT XXX OF 1854.
Passed by thb Lbgisi^ativb CorNCU/ of Inma^

(TLeceioed the assent of the Qofoemor General
on the 2nd ofDeceniber 1854.^

An Act to provide far the lety qf duties of
customs in the Arakan, Feffu and Tenasserirtt
provinces.

Preamble* Whcreas It IS citpedient that the Arakan^ Pegu

and Tenasserim provinees should be placed^ as
nearly as possible, in the same position with the
provinces of Bengal and Orissa in respect to the
levy of duties of sea customs j that duties of river
customs should be levied on the nothern frontier
of Pegu ; that the floating down of teak timbery
and the duties payable thereon, m certain of these
provinces, should be regulated by law ; and that
the exportation of mumtions of war from any of
these provinces into foreign states should be pro^
hibited ; it is enacted as follows : —

ActB repealed. 1. So much of Act VII of 1848 as excepts the

ports of Arakan and Tenasserim from the opera-*
tion of section 3, Act VI, of 1848, and so much
of sections 18, 19 and 25, of Act I of 1852 as
relates to the said ports, are repealed.

Duty on im- 2. With the cxceptions mentioned in section
porta by flca. g q£ ^j^jg ^^^^ gjj goods imported by sea into any

part of the Arakan, Pegu and Tenasserim pro-
vinces, from any port not subject to the Govern-
ment of the East India Company, or from the
port of Aden, or from any port in the Straits of
Malacca, shall be charged with the same rates of
duties as those which are or shall be chal*ged on

307

goods of the same description imported from tbe
same ports into the provinces of Bengal and
Orissa.

3. Salt imported by sea into any part of the .^t^^SS^rt^^y
Araikan, Pegu and Tenasserim provinces, shall be sea.
charged duty at the rate of eight annas a maund ;
provided that it shall be, in respect to Ajrakan, in

the power of the Governor or Lieutenant Go-
vernor of Bengal — ^and in respect to Pegu and
Tenasserim, in the power of the Governor General
of India in Council, to fix from time to time^
upon salt imported by sea, any lower rate of duly
that may be thought proper, in order to equalize
the rate of customs duty upon salt imported by
sea into any of the said provinces with the rate
of excise duty on salt manufactured in the same
province. Opium imported by sea into any part opf,S!^*^^?ted
of the said provinces shall be charged duty at the by sea.
rate of twenty-four rupees a seer, excepting opi-
um purchased at a Government sale in Calcutta,
which shall be free : provided that no opium of
any description shall be landed in the provinces
aforesaid without a pass from the Collector of cus-
toms at the port of landing, in default of which
such opium shall be seized and confiscated.

4. All goods, except teat timber, exported by ^*y ^ ^^'
sea from any part of the Arakan, Pegu, and Tenas^ ^ ^ *^
scrim provinces, to any port not subject to the
Government of the East India Company, or to

the port of Aden, or to any port in the Straits of
Malacca, shall be charged at the same rates of
duty as those which are or shall be charged upon
goods of the same description exported to the
same ports from the provinces of Bengal and
Orissa. Provided that when goods, which have
paid river frontier import duty under section 6 of
this Act, are export^ by sea under a certificate
of the Collector of river frontier customs, passed

808

hy the Collector of sea customs, the amount of
rivex' frontier import duty so paid shall he accept-
ed in full payment of the sea export duty charge-
ahle under this section,

la^to^ T^"" ^' ^ *^^^ ^^^ and^ules relating to the levy
appy. ^^ duties of customs, which are or shall be in
force in the provinces of Bengal and Orissa, sliall
apply to the levy of duties of sea customs in the
Ai^kan, Pegu and Tenasserim provinces : pro-
vided that the powers which, in the provinces of
Bengal and Orissa, are or shall be vested in the
Oovernor or Lieutenant Grovemor of Bengal, shall
be vested in respect of Pegu and Tenasserim, in
the Governor General of India in Council, and
that the powers which, in the provinces of Bengal
and Orissa, are or shall he vested in the Board of
Revenue, shall, in respect of Pegu and Tenas-
serim, be vested in the Commissioners of those
provinces respectively, ♦

, ^""^^ II'"''!!^' C. All goods, excepting bullion and coin, pre-

duty on imports. , . ^ i f ^ At •■ -^^

cious stones and pearls, cotton, wool, grain and
pulse, and living animals, which shall all be free —
and excepting spirituous liquors and teak timber,
for which special rules are provided — ^imported
by the river Irrawaddy or the river Sittang from
beyond the northern frontier of Pegu shall be
charged, on passing the frontier custom house on
the Irrawaddy, or the frontier custom house on
the Sittang, with a duty of customs of ten per
Special duty on per ccut. ad Valorem. Spirituous liquors, on

Bpirits. passing either of the said custom houses, shall be

charged import duty at the rate of one rupee a
speoiai duty on gallon. Tcak timber, on passing either of the

*^^' said custom houses, shall be charged import duty

at such rate as shall be fixed from time to time

by the Governor General of India in Council, in

order to equalize the rate of duty chained on

. foreign teak timber so imported with the price

309

that may be fixed from time to time for permis-
sion to appropriate and remove teak timber of
the same description growing in the forests of
Pegu, which are State property.

7» Teak timber, floated down any river in the Special duty on
Tenasserim province, shall be charged with the ^ ^" Tenasao-
same duty as that chargeable for the time being
under section 6 on teak timber passing a river
frontier custom house, and this duty shall be levied
at such places on the said rivers as the Governor
General of India in Coimcil shall appoint.

8. It shall be lawful for the Governor General R"|j8 for teak
of India in Coiyicil, in respect of the Pegu and
Tenasserim provinces, to promulgate such rules

for the time and maimer of the floating of teak
timber within the said provinces respectively, as
may to him seem fit ; and to prescribe what de-
scriptions of teak timber may lawfully be floated,
and what descriptions of teak timber may not
lawfully be float^, within the said provinces res-
pectively. And all teak timber foimd floating
contrary to such rules or orders shall be con-
fiscatecC

9. Goods of the descriptions specified in the ^ver frontier
schedule annexed to this Act, exported beyond ^"*^ ^^ ©oporto-
the northern frontier of Pegu, by the river Irra-

waddy or the river Sittang, shall be chained export
duty on passing the frontier custom house on the
Irrawaddy, or the frontier custom house on the
Sittang, according to the rates fixed in the said
schedule ; and the said schedule shall be taken to
be a part of this Act.

10. The Governor General of India in Council vaiuc of gooda
shall have power to fix from time to time the ^^;«^»^^^ ^^^ ^•-
valuation at which any article liable to ad valorem

duty on passing a river frontier custom house
shall be valued in order to the assessment of duty ;

810

• and in respect of goods passing such a custom
house, which are not so valued, in case of dispute
respecting their value the Collector of customs of
the station shall have power to call on the posses-
sor of the goods to assign the value thereof ; and
thereupon the Collector of customs shall have
power, if he pleases, to purchase such goods on
account of Government, at the value so assigned^
paying for such goods forthwith, after deducting
the duty due upon them according to the value
so assigned*

for^SS^ ammut H* Arms, ammunition, or sulphur shall not
nitiou luid 8ui-be imported by sea into the Arakan, Pegu or
phiir. Tenasscrim provinces, nor exported by land or by

river into any foreign territory, from any of those
provinces, without a license from a Collector of
customs or other officer having charge of the
collection of customs; and such articles, if an
attempt be made so to import or export them>
shall be confiscated*

opAciT'^^^^^^ ^^' ^^^^ ^^* shsXl commence and take eflfect

from and after the first day of January 1855*

SCHEDULE

UEFERHEB TO IN SECTION 9, OF THIS ACT.
Enumeration ofgood^. Mate of export duty.

Bice, An aniui a basket.

Faddy, Half an auna a basket.

Salt, Four annas a maund,

Betel-nufc, \ Ten per cent, ad valorem,

Ngapee; dried, smoked, salted and ") fp_ ^^^ ... ^ » ^„i^^^^
preserved fi;h, and fish-roes, j '^^^ P^^ ^^^*- ^^ ^*^'^«»-

Sll

ACT XXV OF 1865.

Massed by the Governor General of Inijia

IN Council.

(^Received the assent of the Goteimor* General on

the lUh July \mb.J

An Act to amend the law relating to thd duties of
customs on goods imported <md exported by sea.

Whereas it is expedient to amend the law Preamble.
relating to customs duties ; it is enacted as fol-
lows : —

1. Act XVII of 1865 is repealed. is^le^/*

2. In Ueu of the customs duties authdrized io customa dntiae
be charged in Act VII of 18S9 (to alter the duties %J^nh^^Z
of customs on goods imported or exported by seaj, Mb^^nitx Aaaex-
Act XXIII of 1869 fto alter the rates of duty oh'^^^^'^
goods imported or exported by land from certain

foreign tefritories into or from the presidencies of
Madras and Bombay respectivelyj , Act Xof 1860
(Ho amend Act VII of 1859 to alter the duties of
customs on goods imported, or exported by seaj^
Act XI of 1862 fto amend Act X of 1860, to
amend Act VII of 1859>), Act XXIII of 1862
(to amend Act XI of 1862^, and Act XXIII of
1864 (to amend the law relating to the customs
duties on goods imported by seaj^ thefe shall be
levied and collected the duties specified in the
two schedules A and B annexed to this Act.
Provided always 13iat nothing herein contained
shall be deemed to alter the existing duties upon
salt and opium, or to authorize the levy of duties
in any free port, or to affect the provisions of
Act VI of 1848 (for equalizing the duties on goods
imported and exported on foreign a/nd British bot"
to}nSi and for abolishing duties on goods carrned
from port to port in the territories subject to the

312

Government of the JSkist Tndia Company) ^ ot tf^
affect tlie provisions of the Consolidated customs^
Act.

Opemtioii of 3. So far as fegards the customs duty on thti
^^^* export fof saltpetre, authorized to be levied by

schedule B hereunto annexed, this Act shall take
effect as if it had been passed and had received
the assent of the Governor General on the ninth
day of March 1865 ; and so far as I'egards the
alterations made by this Act in schedule A and
B of the Customs duties which Were authorized
to be levied by Act XVII of 1865, this Act shoU
take effect as if it had been passed and had re^
ceived the assent of the Governor General on the
first day of April 1865, and all duties which may
have been levied from and after that date, other
than those authorized to be levied according to
schedule B annexed to this Act, shall be refund-
ed. But save as aforesaid, this Act shall take
effect from the fourteenth day of July 1865.

Short title. 4. This Act shall be cited as "The Indian

Customs Duties' Act of 1865."

SCHEDULE A.

Bates of duty to be charged on the following
goods imported by sea into any port in British
India, not being a free port :—

1. Bullion and coin ... ..* Frcje.

2. Precious etones and pearls

8. Grain and pulse

4. Horses and other living animals ...

C/ • ^V^w ■■• ••• ••• ••« •••

6. Coal, coke, bricks, chalk, and stones

7. Cotton wool

o. Wool ... •.• ... .«»

• ••

•••

• ••

... ••* ••• ... ,,

10. Hemp

11. Jute

12. Hides and skins, raw

13. Books

14. Paper

15. Maps,.prints, music, and works of art ... ,,

813

16L Seeds when imported by any public so«

cieiy for gratuitous distribution ... Free.

17. Agric^tural implements ,,

18. Firewood ... ... ... ... „

Xd« Machinery used exclusively for purposes

of agriculture, navigation, mining, or
for railway purposes, and materials
forming necessary component parts of
Huch machinery ,*

And the officer in charge of the custom house, subject to
the orders of the Local Q-ovemment acting under the general
instructions of the Q-overnment of India, shall decide what
articles come within the definition of such machinery, or
materials forming component parts thereof, and such decisioii.
3hall be final in law.

20. Military and other regulation uniforms

and accoutrements when imported for
private use by persons in the public
service ... ... ... ... «.« jt^ree*

21. Guano and manures of all kinds „

22. Bottles ... ... ... ,,. .f. f»

23. Wines and liqueurs.. .One rupee the imperial gallon.

24f. Porter, ale, beer, cider, 1 r\ . .r ^ . . ,

I.nd other similar fer^°^^,*^^ *^ «»P^^**^
mentedUquors ...J g»"^^'

riree rupees the imperial
gallon, and the duty to
., ^^.. — , be rateably increased as

the strength exceeds
London proof.

Provided that ten per cent, ad valorem shall be charged
on all spirits used exclusively in arts and manufiictures, of
in chemiBtry, subject to such rules as the Local Governments
shall from time to time prescribe, for ascertaining that such
spirits are unfit for use as a beverage, and incapable of being
converted to that purpose. And the officer in charge of the
custom house, subject to the general instructions of the Looil
Government, shall decide what spirits fall within the proviso,
and his decision thereon shall be final in law.

$26. Iron (which shall not^

be taken to include f ry^^ ,^^ ^^x ^ , ^»^,^
ironmongery, cutlery, f °^^ ^ ^*- ^ ^*^^-
or hardware) ....;

27. Hops ... M. •.. One per cent, flrf ra7or«w,

K a

314

28.

29.
dO.
81.

Tobacco, whether manu- 1

factored or notmanu- >Ten per cent, ad valorem.

factored ... m-J

Piece goods Five percent, ad valorem,

r Three and a half per cent.
I ad valorem.

TwiBt

enumeration J

ad valorem^

SOHEDUIZE B,

Bates of duty to be charged upon goods ex^
ported by sea to any foreign port, as defined in
the coi^solidated customs' Act, from any port in
British India : —

1.
2.
8.

4.
5.
6.
7.
8.
9.

la
11.

12.
13.
14.
16.
16.
17.

19.
20.

?1.
?2.

23.
24.

25.
26.

•%•

.at

• •%

• • *

• •»

• <«

« • «

• • •

• ■•

• • •

« • •

..Free.

Bullion and coin
Precious stones and pearls
Horses apd other living animals . . .

■•A IXXIA ... ... ... *•*

Spirits

Tobacco, and all preparations thereof

Cottonwool

J- ia}( ... »«• !••

Hemp

Books

Maps, prints, and works pf art

Teak timber

Coal

Iron

Jute

Coffee

Tea

Sugar

Wool

Hides and skins, raw

Baw silk and silk chus8un\

Grain and pulse

of all sorts . . .Two annas the In-
dian maund
Saltpetre . . . One rupee the In-

dian maund
Indigo ...Three rupees the

Indian maund
Lac dye and shell lac. . . Four per cent, ad valorem^
All country articles not 1

enumerated ox named >Threepercent.aJv(ir/^Yi;i.

«(boTe. , J

9%
19

99
9X

Of forty seer*
of eighty
tolas to the
seer.

813

THE ^OttOWtirO UteVlSEB TABLE EiUlfttTlJfa tflE BteT Ot
GOODS LODGED tET THE BOITDED WABEHOUSE AT BaIT GOOir,
CHABOEABLB FROM THE IItH SePTEMBEB 1865, WAS SAlfC-

TiONED BY His Excellency the Viceboy and Gotebkoh
Gekebal rur Coukcil in the Pinakcial DepabthenTi

BY LETlEB No. 2722, DATED 80tH SsfTEMBEB 1866.

>»
>»
• »

or more or Icss^

XT
>»

»»

Beeb — whole pipe, butt, or punckeoD,

,, half pipe, or hogsheaii,

,, quarter pipe,

Large cask contaimiig glass or earthenwM^
Tierce containixig glass or provisions, . . .
Large crate contamio^ 12 dozen bottles,
Smaller crate containing 8 or 6 dozen bottles

WiNBS — ^butt or pipe,

hall pipe or hogshead,

quarter pipe, ...

ckest above 12 dozen size, *...

chest of 12 dozen size, or above six dozen,

chest of 6 dozen size, or above ^ dozen,

quarter chest or 3 dozen,

all boxes under 3 dozen aiid above 1 dozen size — each,

1 dozen box,

Spiiuts — per pipe,

per hocshead,

m botue — case of 1 dozen,
above 1 and under 3 dozen,
3 dozen,

above 3, under C dozen,
6 dozeU) ... • . .

for every dozen in excess of 6 dozen

Bbxtish fiece aooi>s — per case above 12 doien size,

per case of 12 dozen size, or aboVe

6 dozen,
per case of 6 dozen size or above

3 dozen,
per case of 3 dozen size or less,
per bale of size of bale of twist of

400to500Ib8.
per bale of smaller size,
Twist or all sorts — per bale of 400 or 500 Ibs^

per bale of smaller size
Canvas — ^perbale,

SiLK — ^pcrbale,

Silk piece goods — per case,
Indigo — ^per chest,
Opium — per chest,

Cotton, hemp, jute and bapflowbb | ^^f^^ ^^^ \

SuGAB, RICE AND SEEDS — per 100 br. mds.

CuTCH — per 100 br. mds.

vShell lac and LAC DYE — per chest, ..
Vermillion — per box,

Per Month,

7>
ft

OR
»>

Bs.
1

>i
2

1}
»>
2

»»
1

»i
»»
)i

)»

2
1

ft
»>
>)
ti
f»

a
I

»f
ft

»>
»»
It
11
♦»
tt
ti
It
)>

It
it

2
9

f >

19
ib
ft
»•
f»

f •
f»
»»
»>

i»
ti

i»

♦»
12

1
8',.

81 ,.

ii*

3
4
6
8
1

11
12

6
4

>»
t»

it
»»

»«

>»
»>

(»
i»
»•
1*
i»
I*
•»
»»
)»'

t»

316

Abskkic — ^pcr box, *•.. ... •.. ..•

Brass ISAT — per box. ...

China PAPER — ]ier case,

ChVXA casks of VASKlVt CASSIA, ) ^^^

CAMPHOR, SItKB AKD AITNISEXD, &C { *^ ^^ *"

Ginger and turmeric — ^per 100 br. inds.

Sbtblnut — per br. mds.

I^VES— per br. mds.

CtoPPKE, PEPPER, CARDAMtJMj CtTMMW ) • ^

SEED, ANKISESD IN BAGS OR BALES ^

BuoAR, SPICES, and any other Bimilat articks'm hogsheadsy

per unci* ••• ••• ••• •••

,, ,, in tierces— ~per tierce, .. .
Tea — ^per whole chest,

,, per smaller box

Sugar Candy— per tub,

Paint — per keg 66 lbs. ..,

Turpentine, linseed, or other vegetable oils — ^per jar,
All CORDAGE — percwt....

IloBJN OR DAMBCSR — ^per br. mds.

Tobacco — ^uDinanufactured — ^per I md. bale,

Gunnies — per Uffge bale,

PerMootb.
FT

0.t

>»

per smaller bale,
Cow HIDES — per large bale^

,, ff per smaller bale
Goatskins — ^perbale, ...
Quicksilver — per br.'mds.
Tin PLATEs—per box, ..-.

Metals — ^per or. mds

Salmon, herrings, or other fish — per keg, ...

tf.tf

Rs.

It
»»
5

It
»»

>i
»f
i»
»»

A
6

4
4

»t
1

ft
S
4
2
1
1
4
2
2

1
1
1

t»

9*
*f

4
1
1

THE rOLLOWING SCHEDULES OF EATBS WILL BE
CHAEGED ON GOODS, Ac, LAITDED OB SHIPPED
AT THE PIEES IN THE POET OP AKTAB,

CUSTOM HOUSE FlER.
Every vessel Hsing the pier to be charged per day or portion

^X vLAjT I ••• v^* v»« ••• •«• •■• •*•

(Boom invariably to be made for the mail steamers. )
Passengers with hand parcels, travellmg bag, hat boxes,

&C., ftc, to pass free.
Casbs~h>I one dosen aad ttnder, and packages of sumlai^
size^ or half maund in treight or nnder — each,
„ above 1 dozen and ap to 3 dozen or packages from
half to 1 maund weight — each.
Cases or Casks — above 3 dozen and up to 6 dozen, of

packages &c., from 1 aciarand to 2

maunds weight,

if fi ,t above six and up to 12 dozen, or packages

&c.r ftfjm 2 to 4 maunds,

Hogsheads— each,

jc apes "Oacn^ ••• •>-• ••• «..' ,r,t

Large casks of 0<.A.SS ok EARTflSNVARE,

]^>R USE OF CRAKE — at per cwt.
Horses — each, >..
Ponies — each, ..,
€RANS-^to land horse.

.1 ^

• w'9

• »•#

r.«f

».^

«••

Rs.

>»

l»

i»

»»

»>

>»

317

BAZAAR PIER,

Every vessel using the pier, per day or portion of day,
Fasssngers and their hand parcels — free.

CocoAnuts — pei' lOC^ ,, ,.,

Oil — per half maond, ...
PlankjS — 1 inch,

,, 2 inches thick}

,, 4 inches thick) .i

Mats — ^per 1(^ ^.

CAijKS AKD CASES — of 1 dozen,

,i of 3 dozen, ... ;,<
I, of 6 dozen 4 .;. ^..
,, bf 12 dozens
HoosmsADS — eachj ;..

-IT Ix j£a~^escn| ••• ... ... ... ««t

»»

* . .

•i.

> 4 .

* . •
t . •

* . .

. . •

• * •

• . •

Rs.
16

4
1
1

P;
if
If

»f

3 „

2
3
6
8
12

»»
»»
»t
*t
ft
t>
ft

:e=

CUSTOM HotsE Wharf rXtles,

To take effect mi and aftei^ tlie Ist September 1861.

1. All goods landed on the dustoiil house Goods may u
Wharf or brought there tot shipment, itifty be left ^^^^^^
on the wharf or in the open shed free df charge

for 24 hours Only*

2. Packages left on any part of the iVharf* d* Packages left
in the open shed fof more than 24 hours will be fctoi^^l
charged at the same rsites as those deposited in ^ ^o^*-

the closed shedsj as follows : —

3. Fot evety package^ up to 6 cubic feet iii *a*«8 of chaiM'
size, placed in the <;losed sheds a change of 2 ann&s

a day will be inade, and for every package aborei
6 cubic feet the charge will be 4 annas a day,
fractions of days to be reckoned as whole days.

4. If a package be left in the closed sheds for ^^^\ |f ^^J^
more than 6 days^ the above rates will be doubled than six^L^^'
for the whole time*

5. AH ffoods left on the wharf ol* deposited S^3^ }h^

• i.1 I- J J. J.1 • 1 /» J.1- ^ J wharf to' beat th«

m the sheds are at the risk of the owners, fiind nskof theownow,
the officer in chairge of the wharf will not be jfes-^
ponsible for losses.

318

cKan?eft collect- g rphe above cliarffes will be collected by the

•d by Collector of ^ ii x /» j. °

customs. Collector of customs.

StAtement of ColIectoTs of sca customs in British Burma will

Government and . •■ ^ x* r^ am

private cargo to rcqiurc each commander of a Government trans-^
r^Jmandera o^ P^^ ^^ stcamcr — othcr than a man-of-war — to
Government ves- delivCT a statement of all the cargo brought in
•®^- the said vessels, distinguishing Governm.ent freight

from goods supplied on private accoxmt. — Circu-
lar No. 51, dated 11th Aprfl 1865.

PART V.-LOCAL INSTITUTIONS

AND FUNDS.

SECTION I,— MUNICIPAL,

MUNICIPAL ACT.
The following sections op Act XIV of 1856

WERE INTBODTJCED INTO THE TOWN OF RAN-
GOON ON THE 26th of February 1862,

12. Whoever deposits, or permits his servants Depositing dirt
to deposit, any dust, dirt, dung, ashes, garden, ^^ ®*^*®' ^°'
kitchen, or stable refuse, or filth of any kind, or
any animal matter, or any broken glass or earthen-
ware, or other rubbish, in any street, or on any
public quay, jetty, ghaut or landing-place, or on
any part of a river bank, or of the sea-shore, whe-
ther above or below high water mark, except in
such places and in such manner, and at such hours
as shall be fixed by the Magistrate, shall be liable
to a penalty not exceeding ten rupees.

13.* Whoever causes or allows the ^^^^ of ^^^^^^^^^'^^^
any sink or sewer, or any other offensive liquid streete.
matter belonging to him or being on his land, to
run, drain or be thrown or put upon any street, or
causes or allows any offensive matter from any
sewer or privy to mi drain, or be thrown into 1
surface drain in any street, shall be liable to a
penalty not exceeding ten rupees.

19. Whoever builds any wall, or erects or sets ti^'i^hTsti^te'or
up any fence, rail, post, or other obstruction or roads.
encroachment, in any public street or road, or in
or over any open drain, sewer, or aqueduct along
the side of any such street or road after the pas-
sing of this Act, shall be liable to a penalty not
exceeding one hundred rupees and the Magistrate Power to re«
shall have power to remove any such obstruction

NoTB. — The sections marked thus* have been extended to the towns
oi Prome and Thayet-myo^

move.

320

or encroachment, and the expense of suoh removal

shall be p^id by the person eyegting the same,

and shall he reoovemble i^s hereinafter provided.

Temporary ob- Nothing hcr^iin Contained shall prevent the Maris-

BtrucfcionB on oc- . J ^-^ n • i '' .. " .

cMiona of f©«ti- tratc, from allowmg any temporary erections m
vale, &c. gjjy public strcct or road on qccs^sIqu of festivals

and cerenionies,

ml^^ ^P P*^** 20, Whoever displaces, takes up, or makes any

alteration in the pavement, flags, or other materi-
als, or in the fences or posts of any public street,
without the consent in writing of the Magistrate
or without other lawful authority, shall he liable
to a penalty not exceeding fifty rupees,

jj^m e , o f 28. The Magistrate may from time to tune,

cause to be put up or painted coi a conspicuous
part of some house, building, w all, or place at or
near each end, comer, or entrance of every street,
the name by which such st|*eet is to be known ;
and whoever destroys, puUs down, or defaces any
such name, or puts up any name differeut from
that put up by order of the Magistrate, shall be
liable to a penalty not exceeding twenty rupees.
Penalty on oc- 40, ♦Whocvcr, bcinff the occupier of a house

cupier of a house • xj.i nxTTi^

not removing in or nca? any street, keeps or allows to be kept
^*^ for more than twenty-four hours, or otherwise

than in some proper receptacle, any dirt, dimg,
bones, ashes, night-soil, filth, or any noxious or
offensive matter, in or upon the roof of such house,
or in any out-house, yard, or ground attaohed to
and occupied with such house, or suffers such
receptacle to be in a filthy or noxious state, or
neglects, to employ proper means to reniove the
filth therefrom and to cleanse and purify the
same, shall be liable to a penalty not exceeding
fifty rupees.
Futhy houses, 41. ♦Whocvcr, being the owner or occupier of
*' any house, building or land in or near any street,

whether tenantable or otherwise, suffers the same

^ * _ _ .

Note. — The sections marked thus* hare been extended to the towns
of Prome and Thayet-myo,

321

to be in a filtby and unwholesome state, or over-
grown with rank and noisome vegetation, shall
be liable to a penalty not exceeding fifty rupees,
and to a penalty not exceeding five rupees for
every day after conviction for such offence during
which the offence is continued.

42. The Magistrate may give notice to the Power to trim
ow^ner or occupier of any land to trim or prune ^^S^g%^
the hedge thereof bordering any public road or
street, so that they may not exceed the height of
seven feet from the level of the road ; and to cut
and trim all trees over-hanging any public road
or street, so as to obstruct the passage or to cause
damage thereto ; and in the event of such notice
not being compUed with within eight days from
the date thereof, the Magistrate may cause the
said hedges and trees to be cut and trimmed in
the manner required, and the expense incurred
by the Magistrate in respect thereof shall be paid
to them by the owners, and shall be recoverable
as hereinafter provided.

50. No building shall be newly erected over Building over
any sewer - or drain, without the Magistrate's J®^^"' J^» ^^^^
written consent, and if any building be so erected, outcwl^entorthe
the Magistrate may cause the same to be pulled Magistrate.
down, or otherwise dealt with as he may think
fit ; and the expenses thereby incurred shall be
paid by the person offending, and be recoverable
as hereinafter provided.

60.* Whoever throws or puts, or permits his Throwing mb-
servants to throw or put, any earth, dirt, ashes, ^^ ^^ sewers,
garden, kitchen, or stable refuse, or any broken
glass or earthenware, or other rubbish, or, until
suitable sewers shall be provided, any night-soil,
into any sewer or drain, or into any drain com-
municating therewith, shall be liable to a penalty
not exceeding fifty rupees.

y<)TE. — ^Thc sections marked thus * have been extended to the towns
of Prome and Thayet-myo.

0 0

322

K^ieciing to gg • rphe owiier OT occupier of any hoMse or

loose pnvate pn- , -u- i • • x j i.-

vy. building naving a pnvy erected on his premises,

shall have such privy shut out by a siifficient wall
or fence from the view of persons passing by.

Branch dnina* 64. All branch drains, as well within as with-
SSd^c^tiS ^ out the lands or buildings to which they belong,
j^*^j^*«*»dto and all privies and cess-pools in or near any street,
wdJri^ owMn. shall be under the survey and control of the

Magistrate, and shall be altered, repaired, and

kept in proper order at the costs and charges of

the owners of the lands and buildings to which

the same belong, or for the use of which they are

constructed or continued; and if the owner of

any land or buildings to which any such drain,

sie^lS^vtnte ?^^» ^^ ccss-pool belou^, ncglcct, during eight

111*7 cauBe the oays aftcr notice in writmg for that purpose, to

a^cUm^e alter* repair, and j)ut the same into good order in

ownen w^ the the manncT required by the Magistrate, the Ma-

•^^^*°^ gistrate may cause such drain, privy, or cess-pool

to be altered, repaired, and put in good order ;
and the expense incuired by the Magistrate in
respect thereof shall be paid by the owner, and
shsdl be recoverable as hereinafter provided.

Penaityforpor. 65. If any such drain, privy, or cess-pool is
•iktfiiirdr^iii^ constructed, after the passing of this Act, contra-
&C., oontranr to ly to the dlrcctions and regulations of the Ma-
lu^^S^ *^* gistrate, or contrary to the provisions of this Act ;

or, if any person, without tne consent of the Ma-
gistrate, constructs, rebuilds, or unstops, any
drain, privy, or cess-pool which has been ordered
by them to be demolished or stopped up, or not
to be made, every person so doing shall be liable
to a penalty not exceeding fifty rupees ; and the
Magistrate may cause such amenoment or alter-
ation to be niiade in any such drain, privy, or
cess-pool as he thinks fit ; and the expense there-
of shall be paid by the person by whom such

NoTK.-— The lectionB marked thus* have been extended to the towns
of Prome wd Xhayet-myo^

323

drain, privy, or cess-pool was implroperly con-
structed, rebuilt, or unstopped, and shaU be reco-
verable from him as hereinafter provided.

66. The Magistrate, or any officer appointed nunpeeibn of
by him for the purpose, may inspect any such ^S^pSl^***"^
drain, privy, or cess-pool, and for that purpose,

at all reasonable times in the day time, after
twenty four hours' notice in writing to the occu-
pier of the premises to which such drain, privy,
or cess-pool is attached, may enter upon any lands
and buildings with such assistants and workmen
as are necessary, and cause the ground to be
opened where he may think fit, doing as little
damage as may be, and if, upon such inspection,
it appears that the drain, privy, or cess-pool is not
in good order and condition, or that it has been
constructed after the passing of this Act contrary
to the provisions thereof; the expenses of such
inspection shall be paid by the person to whom
such drain, privy, or cess-pool may belong ; but
if the drain, privy, or cess-pool be found to be in
prop» order and condition and not to have been
constructed in violation of the provisions of this
Act, the Magistrate or officer as aforesaid shall
eause the ground to be closed and made good as
soon as may be ; and the expensea of opening,
closiag and making good such drain, privy, or
cess-pool shall in that case, bjo defrayed by the
Magistrate. Provided always, that nothing here-
inbefore contained shall authorize an entry into
the zenanas or private apartments appropriated
to the females of JEIin.doo and Mussulman families
for the purpose of such inspection, except by the
agency of women.

67. Where any notice is. required by this Act . Service 'of no-
to be given to the owner or occupier of any build- ^^^I^^bJiSd^
ing or land, such notice, addressed to the owner ">«" •"d ^^^
or occupier as the case may require, may be serv-
ed on the occupier,, of such building or land, or

324

• • •

left with some adult male member or sei^vant of
his family, or if the notice cannot be so served,
or if there be no occupier, may be put up on some
conspicuous part of such building or land, and it
shall not be necessary in any such notice to name
the occupier or the owner. Provided always, that
when the owner and liis residence are knowTi to
the Magistrate, it shall be his duty, if such owner
be residing within the town or station under his
authority, to cause every notice, required to be
given to the owner of any buUding or land, to be
served on such owner or left with some adult
male member or servant of his family ; and if the
owner be not resident within the town or station,
he shall send every such notice by the post, ad-
dressed to liis residence,

Mapatrate in 68. Wheufiver, uudcr the provisions of this
tf^'^pLTZy ^< a^y work is required to be executed by the
execute works owner or occupicr of any building or land, and
Md^jecover ex- ^gfJJ^^l^ jg ^adc in the execution of such works,

jthe Magistrate, whether any penalty is or is not
provided for such default, may caijse the work to
be executed ; and the expense thereby incurred
shall be paid to him by the person by whom such
work ought to have been executed, and shall be
recoverable as hereinafter provided.

Pow^sr to bring 69. If the defaulter be the owner of the build-
$^hl ma^'y ^S OT land, tlic Magistrate may, by way of addi-
deduct the same tioual remedy, whether any action or proceeding
from hiM rent, j^^ been brought or taken against any such own-
er or not, require the payment of all or any part
of the expenses payable by the owner for the time
being from the person who then or at any time
thereafter occupies the building or land under
such owner, and, in defaiilt of payment thereof
by such opcupier on demand, the same may be
levied by distress of the goods and chattels of
fiUich occupier ; and every such occupier shall be
entitled to deduct from the rent payable by him

325

to his landlord so much as is so paid by or reco-
vered from him in respect of any such expenses.

72. If the occupier of any buildinsf or land Proceedings in
prevent the owner thereof from carrjdng into opposing the cxe-
effect, in respect of such building or land, any of ^^*^°^ ^* ^^^'
the provisions of this Act, after notice of his in-
tention so to do has been given by the owner to
such occupier, any Magistrate, upon proof there-
of, may make an order in writing requiring such
occupier to pernxit the owner to execute all such
works with respect to such building or land as
may be necessary for carrying into effect the pro-
visions of this A<5t ; and if, after the expiration
of eight days from the date of the order, such
occupier continue to refuse to permit such owner
to execute such works, such occupier shall for
every day during which he so continues to refuse,
be liable to a penalty not exceeding fifty rupees ;
and every such owner, during the continuance of
such refusal, shall be discharged from any penal-
ties to which he might otherwise have become
liable by reason of Jus djefault in executing such
works.

76. Whosoever, except as permitted by the Fouling water
Magistrate, bathes in any stream, tank, reservoir, ^^ ^*^"*&
well, cistern, conduit or aqueduct, or washes or
causes to be washed therein, any horse, dog, or
other animal, or any wool, cloth, or wearing ap- Washing.
parel, or any utensil for cooking or other pur-
poses, or leather, or the skin of any animal or
other foul or offensive thing ; or throws, puts, or
casts, or causes to enter therein any animal, or
any gravel, stone, dust, or rubbish, or any dirt,
filth, or other noisome or offensive matter or y,^^^^""^ ""^^
thing ; or causes or suffers to run, drain, or be '
brought thereinto, the water of any sink, sewer,
drain, engine, or boiler, or any other unwhole-
some or offensive liquid matter or thing belong,
ing to him or flowing fipom any house or building

326

^r from any ground occupied by him ; or does

i^"**to floi***"*' ^^y thing whatsoever whereby any such water

shall be in any degree fouled or corrupted shall
be liable to a penalty not exceeding fifty rupees.

ces^Z^S^^ 90, If any building, tank, weU, or hole, or
to be repaiMd or othcr plaoc, be, for waut of sufficient repair, pro-
"**^**®^ tection, or enclosure, daAgerous to passengers, the

Magiatr^^te shall cause the sanve to be repaired,
protected^ or enclosed so as to prevent danger
therefrom ; and the expenses of such repair; pro^
tection, or enclosure^ shall be paid to the Ms^s-
trate by the owner of the property so repaired,,
protected, or enclosed, and shadl be recoverable
as hereinafter provided^

aUifhte houii 95- Every owner, occupier, or fanner of any
ftc, to be proper- market for the sale of butcher's meat, poultry,
lydrmined. ggj^^ ^^ Vegetables, or of any slaughter-house

within the pre^ribed limits, shall cause such
drains to be made therein as shall be considered
sufficient by the Magistrate, and (if required so to
do by the Magistrate) shall cause all the floors
and drains to be paved with stone or burnt brick*,
and shall also cause a supply of water to be pro-
vided sufficient for keeping such market or
slaughter-house in a clean and wholesome state ;
and if such owner, occupier, or farmer, after no-
tice in writing given to him by the Magistrate,
that such market or slaughter-house is defective
in any of the said particulars, and requiring him^
to remedy the defect specified within a reasonable
time, which shall not be less than one month,
makes default therein, he shall be liable to a
penalty not exceeding fifty rupees for every day
during which such default is continued.

Power of Ma- QQ. The Magistrate, or any person appointed
?^'"ins;iTthy him for that purpose, may at all rcMonable

So^^&I wl^to ^^^^^9 ^*^ ^^ without assistants, enter into and
seize unwhoie- iuspcct any market, bmlding, shop, stall, or place
JTJd to w?e.'^' used for the sale of butchers' meat, poultry, fish,

327

or vegetables, or as a slaughter-house, and may
examine any animal, earcase, meat, poultry, game,
flesh, fish, or vegetaHe which may be therein ;
and in case any animal, carcase, meat, poultry,
game, flesh, fish, or vegetables appear to be in-
tended for the food of man and to be unfit for
such food, may seize the same ; and if it appear
to the Magistrate, upon the evidence of a compe-
tent person, that such animal, carcase, meat,
poult^, game, flesh, fish, or vegetables is unfit
for the food of man, he shall order the same to be
destroyed or to be so disposed of as to prevent its
being exposed for sale . or used for such food, and
the owner thereof, or the person in whose posses-
sion the same is found, shall be liable to a penalty
not exceeding one hundred rupees.

137- Every fine or penalty imposed under or Recovery of
by virtue of this Act, or any Bye-law made in ^ "'^ p®°*^"
pursuance thereof, may be recovered by summary
proceeding before the Magistrate.

141. It shall be the duty of all police officers Police offioen
to give immediate information to the Magistrate toM^te^te"^
of any ofience committed contrary to the provi- to ftrreat nn-
sions of this Act. Any police officer may arrest ^^^ offendera.
any person committing in his view any ofience
against this Act, if the name and address of such
person be unknown to him, and such person may
be detained at the station-house until his name
and address shall be ascertained.

TOWN POLICE ACT.

. It is hereby notified by order of the Commis-
sioner of Pegu and Governor General's Agent,
that the following sections of Act XIII of 1856 of
the Legislative Council of India, will be enforced
in the town of Eangoon on and after the 1st No-
vember 1856 ; —

328

Disoraeriycon- 53, Whocver, being the keeper of any such

duct m houBcs of , , • n t^t /" 1 2/ __x •

pubUc entertain- house or place 01 puDiic lesort and entertain-
ment, ment in the town of Rangoon, knowingly permita

drunkenness or other disorderly behaviour in suck
house or place, or knowingly suffers any gaming
whatsoever therein, or who knowingly permits
prostitutes, or persons of notoriously bad charac-
ter to meet or remain therein, or who wilfully har-
bours or conceals any soldier, seaman, or appren-
tice, knowing or having reason to believe such
soldier, seaman, or apprentice to be a deserter, shall
be liable to a fine not exceeding one hundred ru-
pees, and shall also be liable to forfeit his license.

Penalty for har- 51. Whocvcr in any place within the said town
^Ahni di^trt^ra wilfully harbours or conceals any seaman or ap-
from merchant prcutice belonging to a merchant vessel, know-
vesseiB. jj^g^ ^y having reason to believe, such seaman or

apprentice to be^ deserter, shall be liable to a fine
not exceeding one hundred rupees.

Penalty for 56.* Whocvcr, bciug the owner or occupier,
Tn^o? Vhig^^" o^ having the use of any house, room, or place,
ployed in a gam- Qpens, kceps, or uscs the same for the purpose of

mg house, &c. '^ . v ^. . j xi • j i

gaming bemg carried on therein, and whoever,
being the owner or occupier of any house or room,
knowingly and wilfully permits the same to be
opened, kept, or used by any other person for the
purpose aforesaid, and whoever has the care or
• management of, or in any manner assists in con-

ducting, the business of any house, room, or place
opened, kept, or used for the purpose aforesaid ;
and whoever advances or furnishes money for the
purpose of gaming with persons frequenting such
house, room, or place^hall be liable to a fine
not exceeding five hundred rupees, or to impri-
sonment, with or without hard labor, for any term
not exceeding three months.

' ' » ' ■ ' ^■^— » ■ ■

Note. — The sections marked thus* were extended to the whole of the
Pegu division from the 4th September 1862.

"1329
57.* Whoever is found in such house, room or . Penalty for bc^

, 1 • • •j^-i 1 •,. ing found play-

place, playing or gaming with cards, dice, coun- ing in a gaming-
ters, money, or other instruments of gaming, or ^®^^*
is found there present for the purpose of gaming,
whether playing for any money, stake, wager or
otherwise, shall be liable to a fine not exceeding
two hundred rupees, or to imprisonment, %vith or
Avithout hard labor, for any term not exceeding
one month ; and any person found in any com-
mon gaming-house during any gaming or play-
ing therein, shall be presumed, until the contrary
be proved, to have been there for the purpose of
gaming.

58.* If the Magistrate, upon information on Magistrate may
oath, and after such inquiry as he may think f^* wmant to

' , ill* 7ii •^1 police officers to

necessary, has reason to believe that any house, enter a gaming-
room, or place, is used as a ^mmon gaining- ^^^^^^^.JJ^*^^^
house, he may by his warrant, give authority to
any inspector or superior oflScor of police to enter,
with such assistance as may be found nccessaiy,
l3y night or day, and by force if necessary, any
such house, room, or other place, and to take into
custody all pci*sons whom he finds therein, whe-
ther or not then actually gaming, and to seize all
instruments of gaming, and all monies and se-
curities for money, and articles of value, reason-
ably suspected to have been used or intended to
be used for the purpose of gaming, which are
found therein, and to search all parts of the
house, room, or place which he shall have so eiw
tered when he has reason to believe that any in-
struments of gaining are concealed therein, and
also the persons of those whom he so takes into
custody, and to seize and take possession of all
instruments of gaming found upon such search,

Note. — The sections marked thus * were extended to the whole of
the Pegu division from the 4th September 1862.

cJt^ ^(f *other ^®'* ^Ji<5i^ ^^J cards, dice, gaming-table, or
iu8tnunent8 of clotli, boaid, or othcT instruments of gaming
S^ houi^ Ui^he ^^® found in any house, room, or place, of which
evidences that information has been given on oath to the Magis-
gamiiig^w«r^ trate that it is suspected of being used as a com-

mon gaming-house, or about the person of any
of those who are found therein, it shall be evi-
dence until the contrary is made to appear, that
such house, room, or place is used as a common
gaming-house, and that the persons found therein
were there present for the purpose of gaming,
although no play was actually seen by the police
officer or any of his assistants.

On conviction gQ.* On couvictiou of auv person for keepinfi:

for keeping a , • i * v • ^

gaming-house any such commou gammg-house, or bemg pre-
m^rto^dw- ^^^* therein for the pupose of gaming, all the in-
troyed, strumcuts of gaming found therein shall be dis-

troyed by order 9l the Magistrate, who may also
order all or any of the securities for money and
other articles seized, not being instruments of
gaming, to be sold and converted into money, and
the proceeds thereof, with all monies seized there-
in, to be forfeited, or, in his discretion, may order
any part thereof to be returned to the persons ap-
pearing to have been severally thereunto entitled,

Proof of I lay- g]^ ♦ j^ gjjg^u j^^|^ })g nccessarv in order to con-
ing for stakes uu- . . i. i • "^ • i_ n

necessary. vict any pcrsou of Kccprng a gaming-house, or of

being concerned in the management of any com-
mon gaming-house, to prove that any person at
any game was found playing for any money, wager
or stake.
witecsses in- 62.* Any person who shall have been concern-
ed in gaming contrary to this Act, and who shall
be examined as a witness before the Magistrate,
on the trial of any person for a breach of any of
the pi'ovisions of this Act relating to gantiing, and
who upon such examinanion shall make true and

Note. — The sections marked thus * were extended to the whole of
the Pcgii lUvision from the 4th ^September 19(^2,

331

f\\ithful discovery to the best of his •knowledge of
all things as to which he shall be examined, and
who shall therenpon receive fi'om the Magistrate
a certificate in writing to that effect, shall be freed
from all prosecutions under this Act for any thing
done before that time in respect of such gaming,

63. Nothing in the foregoing provisions of this
Act contained shall be held to apply to any game
of mere skill played at licensed hotels, taverns or
eating-houses, or places of public resort.

64.* Whoever, by any fraud or unlawful de- ehla^tiig^ at
vice, or ill-practice in playing at or with cards, games,
dice, er other game, or in bearing a part in the
stakes, wagers or adventures, or in betting on the
sides or hands of them that do plav, or in wager-
ing on the event of any game, sport, pastime, or
exercise, wins from any other person for himself
or any other or others, any sum of money or
valuable thing, shall be deemed gviilty of obtain-
ing such money or valuable thing from such other
person by a false pretence, with intent to cheat or
defraud such person of the same, and, being con-
victed thereof, shall be liable to punishment ac-
cordingly.

65.* The Magistrate may direct any portion, Portion of fine
not exceeding one fourth, of any fine which shall Sfome^ ^"^ ^
be levied under sections 56 and 57 of this Act,
pr any part of the monies or proceeds of ar-
ticles seized and ordered to be forfeited under sec-
tion 60, to be paid to an informer.

66.* A police officer may apprehend without GambUnginthe
warrant any person found gaming with cards, dice, '*'''^*
counters, money or other instruments of gaming
in any public street, place, or thoroughfare, or pub-
licly fighting cocks, or present as a spectator of
such cock-fighting ; and such person shall be li-

NoTS. — The sections marked thus * were extended.to the whole of
the Pegu divifiiou from the 4th September IS^'^f

332

able to a finc^not exceeding twenty rupees, or to
imprisonment, with or without hard labor, for any
term not exceeding one month, and such instru-
ments of gaming and money shall be forfeited.

i^ongerboate 78. Xo boat shall ply for passengers in the
reguiterc . ^^^ ^^ Eaugoou, uulcss duly registered at the
police office.

The following particulars shall be entered in
the register : —

First. — Number of boat.

Second. — Name s|,nd residence of the owner,
and of the manjee.

Third. — Number of the crew.

Fourth. — Number pf persons the boat is per-
mitted to carry.

The registration shall be in force for one year ;
and every change of the owner or naanjeo witliin
that time shall be therein noted. A fee of one
rupee shall be paid on registration.

Name of owner, The QWHcr of eTcry such registered boat shall
btp^ntcd^' ^ cause to be painted on a conspicuous part of it,

in the English and vernacular languages, the
registered number thereof, the number of the
crew, and the number of passengers permitted to
be carried.

Penalty. Tlic owner of a boat plying for passengers with-

out being duly registered, or carrying more pas-
sengers, or with a less crew than is stated in the
register, or not having the prescribed parti<2ular8
painted on it, shall be liable to a fine not exceed-
ing fifty rupees.

refi^to^ ^r *^^* ^® Magistrate may refuse to register any
unaafeboatsOT, ii boat, or may cancd the registration thereof when-*
S^i^^ihi ™^^ ®v®r i* ^^y appear to him to be in an unsgrfe state,

try.

333

80. Whenever any accident slirril oeciu' to ^j^J^il^^^^l^^l
registered boat, attended with loss of the life of \&^ to report
any one of the crew or passengers, the manjec, ^gtem^b^tt at'
or if the manjee be not forthcoming the owner tended with' losa
of the boat, shall report the circumstance at the ^^ ^^^
j)olice office ; and if the manjee or the owner, as
the case naay be, without lawful excuse neglect
or delay to make such report, he shall be liable
to a fine not exceeding fifty rupees.

86. Any police officer may arrest, without a m^^^^^t^ with-
warrant, any person committing in his view any out warrant in
olfence against this Act. ^"^ ^^ ^^''''"•

88. Whoever commits an offence on or with ^j ^len'd^'^by
respect to the person or property of another, or, in private indivi-
committing an oflenoe under this Act, in j ures or ^^*^'
damages the person or property of another, may,

if his name and address be unknown, be appre-
hended by the person injured, or by any person
who may be using the property to wliich the in-
jury may be done, or by the servant of either of
such persons, or any person authorized by or act-
ing in aid of him, and may be detained until he
give his name and address and satisfy such per-
son that the name and address so given are cor-
rect, or until he can be delivered into the custody
of a police officer.

89. If any person lawfully apprehended under Penalty for as-

Baiiltinff or lorci'

the last preceding section shall assault or forcibly biy resisting a
resist the person by whom he shall be so appro- pewon who ap-

1 J! J i.- • 1 ■ 'J 1 1 n prehends under

hended, or any person acting in his aid, he shall the preceding
be liable to ^ fine not exceeding 200 rupees. section.

115. It sUall be lawful for all persons, and it is ^^|^*^ *^^
hereby declared to be the special duty of all and so^u^esa
police officers, to seize all cattle or other animals J^Xy^ ^^^^
found straying upon the roads, streets, or tho-
roughfares, or trespassing on any of the grounds
or property of the inhabitants, and to confine
such animals in any public ground, which shall
for such purpose be from time to time appointed

33t

by tlic Magistrate ; and if such animals shall not
be respectively redeemed by the owners of the
same within ten days after being so pounded, by
l)aying to the person to be appointed by the Ma-
gistrate to have charge of such pound, the fee of
eight annas for every goat, sheep or hog, and one
rupee for every other animal, together with the
expenses of feeding the same while impounded,
according to a daily rate to be settled by the
Magistrate, such animal so impounded shall be
publicly sold and the pi'oduco of such sale, after
paying the said fee, and also the expenses of
feeding shall be paid to the owners of such animal,
or, in default of their claiming such produce for
the space of fifteen days after such sale, shall be
retained by the Magistrate, and credited to the
police superannuation fund,

stray dogs to 116. It shall bc lawful for the Magistrate, by

t^in^^m^ohited ^^^^^' ^^ writing to be affixed at the principal
penotifl. police stations, and also to be published in some

public newspaper, to appoint from time to time
certain periods within which any dogs found
straying in the streets or beyond the enclosures
of the houses of the owners of such dogs, may be
destroyed.

ACT XLVIII OP 1860.

Brothels. 14. On proof to the satisfaction of the Magis-

trate, that a house is used as a common brothel,
or lodging-house for prostitutes, or disorderly
persons of any description, to the annoyance
of the respectable inhabitants of the vicinity,
the Magistrate may summon the owner or tenant
of the house to answer the complaint, and on
being satisfied that the house is so used, and
is therefore a source of annoyance and oflence to
the neighbors, may order the owner or tenant to
discontinue such use of it, and if he shall fail to
comply with such order within five days, may im^
pose upon him a fine to the extent of twenty-five

i-iipccs for every day thereafter that the house
sliall be so used.

18. Any inspector or superior officer of Powers of in-

_, "^ i 1 • r 1.1 spec tors, &c. to

ponce, may enter any shop or premises lor the geize false weights
X^urpose of inspecting the weights and measures ^^^ measures.
:ind instruments for weighing kept or used there-
in, and may seize any weight, measure, or instru-
ment for weighing which he may have reason to
Ijelieve is false.

19. Whoever, in any public street, road, J::^!^^^^^^
thoroughfare, or place of public resort within the in public streets,
town of Rangoon, commits any of the following *^'
offences, shall be liable to a tine not exceeding

iifty rupees : —

1. — Whoever drives or rides any animal, or ,. ^^"^<l^!*^r°«g-

^ * 1 • 1 • 1 1* ugent driviug or

drives any vehicle, m a manner so rash or iiegh- nding.
gent as to indicate a want of due regard for the
safety of others.

2. — ^Whoever drives, rides, or leads any elephant Driving &c. eie-
or camel without permission from the Magistrate- ^^^ ^' camel,

3. — ^Whoever drives* any vehicle, of any des- .MvHngvei^cie

. J. i j« 1 J XI X « Without a sumci*

cnption, at any time between three quarters of ent light.
an hour after sunset and one hour before sunrise
without a sufficient light, except when in the
opinion of the Magistrate there may be sufficient
moon-light to render such light unnecessary.

4. — ^Whoever, without reasonable cause, shall pricing veiiicio

, . . . ., 1 • 1 j^i • ottierwiaetbanon

dnve a carnage, cart, or other velucle, otherwise left side of the
then on the left or near side of the road. ^^

5.— Whoever exposes for show, hire, or sale, aho^h'o^rseV
any horse or other animal, or any carriage; or cleaning or ro'-
cleans or dresses any horse or other animal, or arc^,Vti^^nh^g
cleans any carriage or other conveyance, or makes torses in places
or repairs any part of any cart or carriage, except "he Mag^istraL.^^
in cases of accident, where repair on the spot is
necessary ; or trains or breaks any horse, except
ill such place and at such time as may be allow-
ed by the Magistrate.

336

1 .l:^*^^"*^i }^^^^ 6- — Whoever negligently lets loose any liorsc^

horses ami feroci- ^ , i^ ^ ^ j^ • j"^ -.i

ous dogs &c. or suffers to be at large ^any ferocious dog with-
out a muzzle, or sets on or urges any dog or other
animal to attack, worry, or put in fear any per-
son, horse, or other animal.

driv^f ^catuc * ^ *^' — ^^^^^^^^^^^ ^7 negligence or iil-usage in dri v-
.ugca c. .^^ cattle3 causes any mischief to-be done by

feut'h cattle, or in any wise misbehaves liimsclf in
the driving, management, or Care of such cattle so
as to cause mischief or obstruction*

Leaving cartj 8* — ^Whocvcr^ being in charge of d dart, carri-
troL^^ ou con- ^^^^ ^^ horsc, Idavcs it at such a distance as not

to have it under due control,

poad orthomn^ h^ ^' — Whocvet causcs any cart or truck, mth or
faro by cwiage, wilhout horscs or cattlc, to remain or stand long-
^' et than may be necessary for loading ot unload-

ing, except at places lawfully appointed for the
purpose } or leaves any cart, carriage Or tfuck, or
fastens any horse or other animal so as to cause
any obstruction in any thoroughfare.

Obstructing iQ. — ^Wliocver Icads or rides any horse or other
animal, or draws or drives any Ciart, carriage or
truck upon any foot-way, or fastens any horse or
other animal so that it can stand across or upon
any foot-way.

Obstructing H. — ^Whocvcr Icavcs any box, bale of goods, or
boxes"\i*ie8 ^of ^^7 othcr thing whatsoever so as to cause obstruc-
goods,' &c tion in any thoroughfare.

Expoainff arti- 12. — ^Whocvcr scts out, or cxDOScs for salc in

clcs for salo BO as jni_Jii i-i i i

to cause obstruc- OT upou any stall, booth, show-board, cask or bas-
^^^^' ket, or otherwise, any meat, fish, vegetables, fruit,

groceries, or any other tiling whatsoever, so as to
cause obstruction in any thoroughfare.

to^toi!^^ ia™*' ^^' — ^TV^hoever beats a drum, or tom-tom, or

blows a horn or trump(*t, or beats or sounds any
brass or other metal instrument or utensil, except
at such times and places as sliall be from time to
time allowed by the Mairistrate.

337

14. — Whoever sets fire to, or bums any straw ^^^^'J*!^^**
or other matter, or lights any bon-fire, or wanton- g^nl, fire-woSf
ly discharges any fire-arm or air-gun, or lets off *^
or throws any fire-work, or sends up any fire-bal-
loon, in or near any pubUe street, road, or tho-
roughfare.

15. — ^Whoever, without the consent of the Ma- niiummition,
gistrate, puts up any post or other thing on the
side of any public street, for the purpose of affLx-i
ing thereon lamps to illuminate the streets

16.— Whoever, without the consent of the own- AffixingbiUsop
or or occupier affixes any bill or notice, or any f^g h^, &1*^"
paper against br upon any building, wall, ot fence,
or writes upoilj defaces or marks Any sucJh build-
ing, waU, or fence, with chalk dr paint, or in any
way whatsoever.

17.— Whoever bathes or washes himself in any Bathing, Ac, in
public street, or in, upon, or by the side of any £^u!liuct^°^* ^^
public tank, reservoir or aqueduct, not being a
place det apart for such purpose.

18. — ^Whoever obstructs or incommodes a per- obatructing
son bathing at any place set apart as a bathing ^^**^*^^«
place, by wilful intrusion, or by using such place
as a landing-place, or by anchoring, or otherwise
fastening or keeping boats, or by washing horses,
cattle, or dogs, at or near such place, or in any
other way.

19. — ^Whoever uses any indecent, threatening, indecent kn-
abusive, or insulting words, or behaves in a threat- ^'^^
ening or insulting manner, or posts up, or affix-
es, or exhibits any indecent, threatening, abusive,
or insulting printed, lithographed, or written pa-
per or drawing, with the intent to provoke a breach
of the peace, or whereby a breach of the peace
may be occasioned.

338
EEVISED MINUTE

ON THE LOCAL FUNDS OF BEITISH BURMA.

Kangoon, 15th June 1866.

Character of The locftl fuTids of the province may conveni
the fundi. ently be classed as follows : —

Port funds* "
Munici])al funds.
!^^il!^eollan(»cms funds.

Port h Nn«. ^ Tlio following are the ports of the province U

^vhich funds accrue : — -

Eangoon*
Maulmaiil.
Akyab.
Bassein.
Kyouk Phyoo.

Their coactitu- As regards port dues the constitution of these
^^ funds is regukted by Acts XXXI of 1855, XXXV

of 1857, and XXV of 1860.

indentf how All iudcuts for uaval or marine stores for the
•ubmitted. supply of aujr port exceeding two hundred (200)

rupees, must, prior to purchase (except in yeiy
emergent cases) bear the counter-signature of the
Chief Commissioner. In submitting these indents,
it is necessary to specify the probable cost of the
article, whence procurable, whether the charge
can be met out of the budget grant ; contingent
expenses up to two hundred rupees for any one
item in any one months may be sanctioned by the
Commissioner of division. Interest will be charged
on all sums advanced by Government on account
of the port fund.

339

• » *

The Consetvator of the port is responsible for ^^^ J^p^";
^he preparation and punctual submission of his tion of monthly
nonthly account to the Accountant General. J^^^'*'^ ^'
kfi regards the public works departn\ent accounts,
:he Controller at the close of the year furnishes
:he Accountant General with the figures, and he
embodies them in the account.

The sources whence the municipal fund in the Municipal
province are derived are a^ follows :— '7temao£cwdit.

1. Town municipal assessments.

2. Cantonmebnt assessments.

3. Lease of febbi£& (within town limits.)

4. Licenses —

Hack carriage.

Passenger boat.

Wholesale and retail for sale of wines, &c.

Slaughter-houses.

5. Fines —

Breach of all rules established under No. 4,
(licenses) or such as may hereafter be
established.

Cattle pound.

Local laws of conservancy.

6. Pees —

Pees received for service of criminal pro-
cesses by municipal police.

Government wharf bazaar.

Kent on occupation of town strand.

Grant from land sale and rent fund, being
interest on Government securities standi
ing at its credit.

The Deputy Commissioner or other Civil officer Preparation of
in charge, is responsible fbr the preparation of the ^|J^£i.Jhom
monthly accoxuA of each mumcipal fund, to be J^^bi^T ^°*
submitted to the Accountant General within fif-.
teen (15) days after the close of the period for
district funds, and with the treasury accounts for

fund of head quarter stotiOns, Under Ms author

3J«

rity, all receipts should be paid into the bank or
treasury, and he should carry the taxes, as col-
lected, to the credit of the several funds. The
interest on sums funded should be drawn and car«
ned to credit hq-lfryearly.

The rules respecting the renting of the several
town ferrieg appeay under their proper headings.

Rangoou muni- The iQunicipal fund of Rangoon is debited with
'^ '^'' repairs of aU works executed for the municipaUty

by the public works department.

MiscELLANKous S^ms arislug from the proceeds of the sale
'"S-goon i«.d. Of town lai^d, W rent on unsold town lots in
fSncL ^^^ ^^^^ Rangoon, constitute what is called the ^^JRangoon

land sale and rent fund^^ From this fund all
qriginal works in the town ^nd suburb^ of Ran-
goon q.re constructed. The accounts are rendered
by the Deputy Commissioner to the Accountant
Qeneral annually.

i^r^ ^^^*' ^^ ^^^ ^^^ regarding the collection of the 5 per

pent, cess fund appear at page 185. The cess,
which is divided into fouy funds, is cqllepted by the
Thoogyee, and paid int;o thp treasury as ^ separate
|3um, and shown in ^ separate fom^.

The funds arp kept quite cliBtinpt — ^the different
conounts to crpdit of PQ>ph fund are shown sepa*
rately pi plus ^4 ininns niemoranda ^t plose of the
month, as those of other local funds are shown.
The Deputy Cqmi^issioner subnuts quarterly to
the Commissioner a retum in the form ordered,
showing the state of this fund. T14s is necessary
with referenpe tq prqjeoted works, or establish-
nients, But hp fiirnishes tq tlie Acpountant
General thp p<M30unts in suph fpnn and at such
periods as that o^cer requires. He can sanction
and carry qut worlds up to an outlay of rupees
tiwo hundred (200). Aboye th^^t smn the sanc-
tion pf thp Commissioner of the division is re-
Qtuiredv He also submits another quarterly return^

341

through the Commissioner, to the Chief Com-
missioner's office showing tlie works carried out
and the amount expended on each. This return
should be prepared and submitted to the Commis-
sioner on the 1st of May, 1st August, 1st Novem-
ber, and Ist February.

The rules respecting the several bazaars will be Bazaab funds.
found under their proper heading. The objects
of a bassaar fund are obvious, viz., public conveni-
ence for the sale and purchase of articles of daily
consumption ; and to keep the bazaars in repair and
plean ; to build new ones when required, &c.

The account of each bazaar must be made up Accounts how
separately by the Deputy Commissioner, or Civil kept. ^ ^ ^^
officer in charge, and submitted to the Accountant
General monthly.

Each head of a department collecting local General proce-
taxes should submit to the Commissioner — ^with f x^cu^^*©'^^* of
the local funds' estimate for the ensuing year — a works.
statement showing the probable amount of funds
available, and what work he would propose for
execution during the ensuing year. He should
state also the probable cost of the works.

The Commissioner will then select such works,
the cost of which is within his competency to sanc-
tion,?.e.,to the extent of rupees 600, passing his opi-
nion on the eMediency or otherwise of executing
such, the cqst of which may exceed his competency
to sanction. District officers may sanction original
works or repairs up to rupees 250 ; when available
ponvict labor to the extent of the cost of any one
work within the pompetenoy of the Commissioner
or Deputy ConunissionK to sanction, may with
the concurrence of the Inspector General of Pri-
sons be eirqployed. The labor of each prisoner is
p} be estiinated at four annas per diem for each
w»ldngd»v/

312

In towns where the works are under the Exe-
cutive Engineer (Rangoon, Akyab, Maulmain)
the estimate for works &e. is made by that officer.

Annual report The annual report on local funds should be
t^**^^'^^""*' framed in a manner similar to the revenue report.

It should bo submitted as soon after that report
as possible ; with this annual report heads of de-
partments should forward a detailed list of the
fixed establishments as they stand at close of the
official year, and district officers should include
the number and cost of the police debited to each
municipal f und«

The population of the towns paying for muni-
cipal police should also be given.

THE FOLLOWING BULES HAVING BEFERENCE TO
THE MODE OF DEALING WITH EXPENDITUBE
INCUBBED IN THE PUBLIC WOBKS DEFABT-
MENT FBOH LOCAL FUNDS IN THE ACCOUNTS
OF THE CIVIL DEFABTHENT, ABE LAID DOWN
IN EXTBACT FEOK THE PB0CEEDING8 OF THE
GOVEBNIUENT OF INDIA IN THE FINANCIAL
1>EFABTHE1^T NO. 135, DATED SIMLA, THE 26TE
APBIL 1866.

The receipts of local funds are, for the most
part, vealized in the civil department. The ac-
counts of the funds will remain as at present in
the books of that department.

Such local fund revenue as is realized in the
public works department, will be brought to cre-
dit of the fUnds on the civil books,, by debit
to the public works department, by means of a
monthly statement to be sent by the Controller
]>ul)lic works accounts, to the provincial Account-^
unt GeneraL

The disbursements from local funds will be
debited to the accounts of the funds maintained
in the civil books j for that portion of the ex^

343

penditure which is incurred hy public works
agency, the Controller, public works accounts,
A\ ill send to the provincial Accountant General a
statement of the amount charged in his account
for the month, detailing the funds debitable with
their respective shares of the total amount.

The latter officer will pass the iamount of this
statement to debit of the several funds and credit
of " Public Works Department."

The local civil officers will be responsible for
keeping their expenditure froin local funds
within the portion of the annual estimate allotted
to them by the local government.

# « « «

INSTRUCTIONS

FOB CARRYING OUT THE NEW SYSTEM OF

AUDIT AND ACCOUNT OF LOCAL FUNDS

IN BRITISH BURMA.

1. All receipts shotdd be enteted daily iti a ivimaiy record
cash book in the prescribed fonUi and paid into ^y^nS** "*
the treasuiy on the day of receipt. They should

be recorded in the order of their occurrence, and
numbered in a consecutive monthly seriei^.

2. All payments should be entered in the
same manner, eare being taken that the mc^ey
is withdrawn from the treasury on the day of
entry. It inust be borne, strictly in mind, that
oiily Local Fund receipts and charges should be
entered in the cash book,^ and monthly accounts.
Sums orawn from the Government treasury on
account of pay of establishment debited to the
Imperial Government; charges on account of
dieting pauper patients^ which are really contin*

314

gencies of the Magistrate, and only disbursed
through the Civil Surgeon; purchase of medi*
cines, also, on Imperial account, &c., &c., should
not appear in the cash book, having been finally
debited in the treasury account at time of pay-
ment.

3. The oash licJbk (provided transactions occur
'on eith^t side of t]\^ account) should be balanced
daily. It shotild be kept with the greatest preci-
sion and regularity, knd no erasure should bn any
account be perinittfed, any alteration should be
made in red ink, undBr the initiate of the officer in
charge of the fund.

i^^o^'^^^to^^th^ *• ^^^ present fqfni of monthly cash account
Aa^imtAAt Oen^ should be Continued and forwarded to the Ac-
^^^ countant General's office on the feebond workinj*

day afteir the expiry of the month. It would be
ad wellj before transmission, to compare it with
the entries made dxiring the itionth in the trea-
sury books, so that any discrepancies may be re-
conciled before despatch.

• Payment* />' 5. The payments on this accdimt need nbt be
%r&imry^^Qfijl suppoHed by vouchers, as such charges will be

checked in the Accountant General's office by the
touchers which accdmpany the district cash ac-
count.

6. As the account will undergo post atidit in
the Accountant Glenerars office, salary bills^ &c.,in
original, only should be presented for payment at
the treasiiry before audit. t*ayments on such
accounts will be made on and sifter the first day
of the month succeeding that for which they are
due.

p&yment of con- 7. Evcry officcr who regularly incurs contin-
tingnetchsroeeby ^^.j^^ cxpcnscs ou accouut of auv Local Fuud will,

treasury officers. ^^ ,, ,* . . n i i» • i i.i. • /•

at the beginnmg of each official year, obtain from
the Commissioner of his division a general sane-

845

tion to the scale of his e^rpenditure for the year,
Kmited in regard to numbers, rates, or aggregate
amount, as the controlling officer may consider
expedient. This sanction will be communicated
to the treasury officer as well as to the officer
concerned, and the latter will then be paid the
amoimt of his monthly bills for contingent ex-
penses within the sanctioned limit, mthout pre-
audit or the counter*>signature of the Commis-
sioner.

8. Abstracts of contingent charges in the pre-
scribed form, which form a portion of the month-
ly contingent bill, may twice a month be present-
ed for payment to the treasury officer, who will
after payment forward them with the monthly
cash account. As payment will be made on ab-
stracts, the detailed contingent bill, of which
there should be only ofie for the payments of the
whole month, should not be presented at the
treasury, but should be forwarded by the officer
incurring the charge to the Commissioner of the
division, who should immediately examine, coun-
tersign, and transmit it to the Accountant Gen-
eral for comparison with the charge in the cash
account, and for recovery of any retrenchment
which the Commissioner may have noted on the
biU. Such retrenchments should bo recovered
under instructions of the Accountant General either
from the succeeding payment or in any other
suitable manner. To facilitate reference the de-
tailed bill should give the date of the abstracts
upon which payment was made, and the ab-
stract should quote the number of the sub- vouchers
included in it for payment. When the signature
of the Comnussioner can be - obtained to the de-
tailed bill before payment, the autliorized bill
may be used as a voucher and the abstracts dis-
pensed with,

316

9. Officers incurring petty expenses, wluch
require to be disbursed as the occasion for them
arises, and before the money for paying them can
be obtained on the usual contingent abstract, are
allowed permanent advances of rupees 50 each.
Out of this sum all petty charges should be paid,
and the amount be recorered by presentation at
the treasury of the monthly contingent bill or
abstracts as the case may be. Should rupees 50
not be deemed sufficient, application for a per-
manent advance of the required amount should
be made to the Conunissioner of the division.

GENERAL RULES

BEGABBING THE APPLICATION OF MUNICIPAL
FUKPS IN THE FBOYINCE OF BKITISH BUEMA.

Dated 9th May 1865.

Object of muni- 1. A municipal tax is levied in towns in order
apai tax. ^ provide for the police thereof, and also for the

payment of establishments necessary to preserve
cleanliness, such as sweepers, carts, cattle, &c.

2. Other purposes for which municipal funds
are available are local improvements, such as roads,
drains, bridges, tanks, wharves, wells, and every
thing which may contribute to the health and
comfort of the inhabitants.

3. Due care must be taken that the funds are
not employed on works in which the bulk of the
inhabitants are not interested, as roads for mere
pleasure and so on; where there are municipal
Commissioners established they have full control
of the funds — ^where there are no municipal Com-
missioners means should be taken to ascertain
the wishes of the rate-payers in the disposal of
the funds.

347

4. The funds collected as municipal tax are Accoxmts.
credited to the local municipal fiind of the place
where the collection is made, and the Deputy
Commissioner or Magistrate will, for each town
where a municipal tax is estahlished^ open a se-
parate accoimt, in the form prescribed.

6. At the close of each year, on the 30th of ^^^^ dose'' of
April, an account current should be made out, year.
shewing the balance in hand. A copy of this
should be forwarded to the Commissioner as soon
as possible*

6. In case of a town requiring any large ex- Application for
pensive works, such as a bridge, manifestly beyond how to'be m^*^
the power of the inhabitants to build, special
application may be made to Government for a

grant of money for the purpose, either as a loan
to the municipal fund, or otherwise,

7. Where works are not executed by the pub-
lic works department the Magistrate or Deputy
Commissioner may, with the sanction of the Com-
missioner of the division, execute any work for
the public benefit at a cost not exceeding rupees
five hundred (500), For any simple work of a
higher estimated cost application should be made
to the Chief Commissioner through the Secretary
in public works department. In all cases of ap-
plication being made for the construction of a
work the state of the funds must be clearly shown,

8. It is to be distinctly understood that regu- KstaWishments.
lar establishments paid from the funds of a muni<

cipality are to be sent up to the Chief Commis-
sioner for Government sanction, before being en-
tertained. Unless in the case of a municipality
duly established by law.

Si8
RULES

Ton THE COLLECTION OF MUNICIPAL TAX IN CER-
TAIN TOWNS IN THE DIVISION OF PEGII,

Tax to be col, 1. Municipal tax shall be levied in the follow-*

lected in certain • i t *

towns, uig towns, viz : — '

JLajxqoos bib- ( Pegu.
TBicT. X Tandoon.

^ Bassein.
Pass^tx dis- \ Ngatheingyoung wd oiie ov two towns a(J-
TBiCT. 1 Pantanau. Ijomiiig,

(l^ymyitna.

MYAiT-oryo

D13TSJCT.

pM[yan-oung,

Henzadah.

Donabjoo.

Kyangin.

Kanoung,

Zaloou.

PBOICE DIS-
TRICT.

"Proma,
Thayet-myo.
8hoay doung.
Padoung.
^PoungdSly.

TOUITG-OO DISTRICT. — Toung-00.

The local government may hereafter by pub«
lie notification extend these rules to other towns,
if it shall see fit to do so,

to^dtfinS!***^ ^- ^^® boundaries within which the munici-
pal tax shall be collected, shall, in towns wherein
assessment in lieu of capitation tax is, levied, be
the same as those within which the said assess-
ment is collected. In other towns the boundaries
shall be fixed by the Deputy Commissioner of the
district to which the town belongs, subject to the
sanction of the Commissioner,
Bates of tax. 3 rpj^^ ^^^^^ ^f municipal tax shall be as fol-
lows : —

1. — In towns in which the assessment in lieu of
capitation tax is levied, one pie per square foot
on all land covered by buildings. The measure^

349

ments for the purpose of assessing the municipal
tax to be taken from the assessment rolls of the
assessment in Ueu of capitation tax, so that one
measurement shall answer for both assessments.

2. — In all other towns than the above, the mu-
nicipal tax shall be assessed after the Burmese
method, according to the number of posts in each
house, at the following rates.

Ist.

2nd.

3rd.

4th.

6th.

BS, AS. ^

class 7 posts 2 8 per quarter 10
6 „ • 1 12

5
4
3
2

1 0
0 10
0 6
0 2

BS.

AS.

0 per annum.

3. — The front post only, or such as face the
road, to be coimted — except in the case of houses
that may be constructed to evade these rules, or
in the case of bazaars or other large buildings ex-
tending through from street to street, where the
calculation will be on the posts contained in such
house, measured lengthwise. In a house facing a
street on more than one side, all the posts having
a road or street frontage to be counted. Houses
having more than seven posts calculated accord-
ing to the above rules shall pay 3 rupees per
annum or 12 annas per quarter additional for
each post above seven, all pucka houses to be
assessed in the first class.

4. — ^The above rates are subject tetany altera-
tions which the local government may be pleased
hereafter to order therein.

4. The Deputy Commissioners shall nominate Appintment
the officers by whom the municipal tax shall be ?' 5^™^" ^ ^^^

,, imp T. J lect the tax.

collected In each town.

5. The Goung or other officer appointed as Assessmont
above to collect the tax shall at the commence- ^^^ ^ua^rfyf
ment of each quarter of the official year, viz., 1st

May, 1st August, 1st Noyember, and 1st Febru-^

350

ary prepare in duplicate an assessment roll for
the quarter or quarters of the town to which he
shall he appointed.

Asaessment 6. Ou the complctiou of their rolls the Groungs
Lf a»a Ssred by shall deliver them to the Deputy Commissioner
Deputy coinmis- of the district or such officer as he shall appoint
sioiieni. ^^ receive them. The Deputy Commissioner or

officer aforesaid shall examine the rolls, and if
found correct sign and seal them as passed. One
copy shall then he returned to the Goung and
one he retained in the office of the officer signing
them.

toT^* re^'r^**^ '^' ^^^ ^^^ ^^^^ *^®^ ^^ prepared from the
P"*^* • roll, if for Europeans, in EngUsh, by the Deputy

Commissioner or officer aforesaid ; if for Asiatics,

in Burmese, by the Goung, and be signed, the

former by the officer who prepares them^ tho

latter by tho Goimg.

Tax how to be Q. Thcsc bills shall then be presented by the
couected. ^^^^ ^^^ payment. On receiving payment of

his demand the Goung shall endorse a receipt on
the back of the bill and deliver it to the party
making the payment. Any party to whom a tax
bill is presented for payment may demand to be
allowed to compare it with the authenticated
assessment roll and the Goung shall produce the
assessment roll for inspection whenever required
by a ratepayer to do so.

Paymentofcoi- 9. In the chicf towus the Goung shall pay
treMury."**^ *^* thc amouut of his collections into the treasury

daily. In towns where there is no treasury the
collections shall be paid daily by the Goung to
the Assistant Commissioner or Myo-oke in charge
of the town, and by liim into the treasury as
often as opportunity offers.

Collection of iQ. The wholc of thc collections for each quar-
h^ ck^'^blfore tcr of the year shall be collected, paid in, and tho
t^^d ttf the account closed, before the end of the said quarter.

I
\

S51

11. ^ The procedure in cases of non-payment of ca^** o? ^^on^p^^
municipal tax after due demand shall be the same meut on demand.
as that laid down in sections 8 and 9 of the rules

for the collection of assessment in lieu of capita-
tion tax.

12. All land and buildings of the same descrip- ExemptionB.
tion as those which under clauses 1 and 2 of
section 10 of the aforesaid rules are exempt from
assessment in lieu of capitation tax shall be
exempt also from municipal tax,

13. The rates of pay or remuneration of the ^^^^y ^ ?^^^^

^^ . 1* •'i /v* 1 "I • employed m col-

Goungs, writers, and other officers employed m lectmg tax.
collecting the municipal tax shall be fixed from
time to time by the Commissioner.

14. The word " Goung '* wherever used in the interpretation
above sections shall be held to mean the officer, ^
however designated, who is charged with the im-
mediate collection of the tax.

Porm of assessment roll and tax bill for muni-
cipal tax assessment roll of (or biU.
for) municipal tax of the quarter in
the town of district of for the
quarter of 186 -6 .

No.

Name of owner or
occupier.

Class of hooae

or No. of

square feet

Amount
of tax.

EEMARKS.

Here enter the
numlier of posts if
more than 7*

J)ate

Signature of Ooung,

Counter-signature of Deputy Commissioner or
officer authorized by him to pass the roll.

(This is not requkcd to the Burmese tax bills.)

352
RULES

POR LEVYING MUNICIPAL TAX IN THE TOWN OF

MERGTJI.

1. All houses of a value not exceeding twen-
ty-five rupees (rupees 25) will pay one anna per
mensem.

2. All houses of a value above twenty-five
and not exceeding one hundred rupees (rupees 100)
will pay two annas per mensem.

3. All houses of a value exceeding one hun-
dred rupees will pay 3 annas per cent, per mensem.

FEES

OF TODDY TREES WITHIN THE TOtVN OF RANGOON.

Fees collected 1?ccs collcctcd OH toddy trccs growiug on pub-
on toddy treea ^e land witliiu the town of B;angoon^ and on un-
E^dwithin^town sold lots, should bc distinctly separated from the

°^©d?t^'^^^^^ 8®^®^^ toddy farm, and included in municipal

receipts — ^vide Chief Commissioner's letter No,
0196, dated 13th January 1864.

NoTK, — In the town of Tavoy a tax is levied on the principle of
Hcg. 22 of 1816 of the Bengal code, th« maxinrmm rate being two rupees
(rupees 2) per annum a house.

353
SECTION II.— PERRIES.

All ferries arc bound to ferry over, free of charge,
Government mails, and all military officers, sol-
diers, &c. on military duty.

RULES

FOB EENTING. OUT THE FEEEIES IN THE
SUBURBS OF BANGOON.

1. The limits of the ferries are as foUows :— timits of fer-

ric8.

At Kemendine, from the lower end of the For-
est dep6t to the Zye-gyee-lan in the village of
Kemendine, nearly opposite the mouth of Tha-
nat-be-bouk gyoimg. The length between these
two points is 8546 feet.

At Puzoondoimg, from the lower end of the
village of Puzoondoung to a point marked by a
pillar 5600 feet higher up the Puzoondoung
creek.

2. The renter shall keep at each of the above Numbcrofboats.
ferries four (4) boats, of not less than fifty (50)

baskets burden each.

3. The rates of fares shall be as follows :— Bates of fores,

B8. AS. P,

For each person ... ••• ... «., ... ,, y, 3

(This shall include such burden as one
person can ordinarily carry.)

For each pony, bullock or buffaloe carried over... „ 8 „

„ each pony or bullock ferried over by towing „ 4 „

„ each buffaloe ferried over by towing ... „ 6 „

„ each goat ... ... ... ... ... „ „ 3

4. No boat shall be allowed to take over more Number of pa«-
than 20 persons at one time, acngci^

354

interfero' ""wit^ ^' ^^^ tenter of ttie feny has no right of in-
private boata. terference with any boat employed by its owner

in taking himself or his property, or any other
person's, across the river, provided such boat does
not ply for hire within the limits of the ferries as
above described.

Fe^e» when 6. The fcrrics will be rented out yearly, viz :

from the Ist of May to the 30th April following.

J i>i8pute8 about 7. All disputes on the subject of fttres will be
^'^ reported at once to the Magistrate who will de-

cide them,

8. A Copy of these rules in Burmese will be
kept in each boat.

f ri^^°2^m^en7 of ^' "^^ Infringement of these rules on the
^ngemen o ^^ ^^ ^j^^ Uccnse-holder will subject him to the

loss of his license and to fine, at the discretion of
the Magistrate.

■Ma

EXILES

FOR BENTIKG OUT THE FERRIES IN THE
DISTRICT OF TOUNG-OO.

ri^*^^' ^^ ^^'- 1. The number of ferries rented out are 10, at

the following places : —

1, — ^Temporary bridge over the Lay-cha-choimg;
9 ferry boats at—

1. — ^Myo-tseik,

2. — Bahnoimg.

3. — ^Dwayawaddee.

4. — Kaboung choung Shessay.

5. — Yay-byen-kin.

6. — Kin-tseik.

7. — Oung-gyee-yay-gyeen.

8. — Tantabew.

9. — Do-thoung.

355

2. The renter to keep two boats at the ferries Boats to bekept
on the Poung-loung stream capable of contain*
ing 30 baskets of paddy; at the ferries across
the Kaboung one boat capable of containing 25
baskets.

• ••

3. The fixed rates of fares are :

1 Pony, buffaloe or bullock

1 Empty cart

1 Goat ... ... ' ...

1 Cart loaded with goods...

1 Man without load

1 Man with his goods

Fob the bbibgb — For a cart loaded with

rice or paddy — 2 pjees of the grain.
1 Empty cart

1 Cart loaded with mixed goods

1 Bullock with panniers

Men carrying loads or not to pass free.

SAtea of fares.

B8. AS. P.
4

»i
1

n
n

99
1

4. No rent to be demanded by the builder of
the temporary bridge if the goods are crossed
without crossing his bridge.

5. The renter of the ferry has no right of in- . R«nter not to
terference with any boat employed by its owner privlto^iK»tr'*^
in taking himself or his property, or any other

persons, across the river, provided such boat does
not ply for hire within the limits of the ferries as
above described.

6. The ferries will be rented out yearly, viz., '^^^ "^^^^
from the 1st of May to the 30th of AprU fol- "^^^
lowing.

7. Payments made in two instalments, viz., ^*?™®"_!^^*^'^
the .first on the 1st of July and the second on the ^

1st of January of each year.

8. All disputes on the subject of fares will i>i«put«»-
be reported at once to the Magistrate who will
decide them.

rented.

^ 35C

Penalties for 9^ j^j^y infringement of these rules on tbe part
m^nngemen o ^^ ^j^^ liccnse-holder wUl subjcct him to the loss

of his license and to fine, at the discretion of the
Magistrate.

EULES

TOE RENTING OUT FEBBIIS IN ABAKAN.

Ferries how 1. In arranging for the renting of the ferries

the Deputy Commissioners will be guided by the
provisions of the following extracts from section
3 to 7 of Regulation 6 of 1819 (Bengal code)
which are still appUpal^le to the ferries of this
division.

2. They will exercise their own discretion in
fixing the amount of rent for eaph ferry with re-
ference to its ascertq/ined value.

3. As a general rule— where the same can be
eflfected — the ferries should be rented to the inha-
bitants of the villages in their immediate vipinity
— or if the ferry is disposed of by auction the pri-
vilege of pre-enaptxQi^ at the highest bid should
be secured to them.

Rent how paid. 4. Thc annual rent for the several ferries iu

the Arakan division is to be paid in (4) four
quarterly instalments in advance, viz : the first
on the day the ferry is rented — ^the second on tlie
15th July — the third on the 16th October and
the fourth on the 16th January; in failure of
which the ferry will be put up to auction again
for the period unexpired, and the original pur-
chaser shall forfeit aU profit from the re-sale and
shall make good any loss that may accrue, and
the Deputy Commissioner may summarily dis-
train liis property for its recovery.

Extract Re^- 3. First — ^No fi^*ries shall be hereafter consi-i

dercd public ferries, except such as may be situ-
ated at or near thc sudder stations of the several

357

Magistrates, * * or such as may intersect tlic
chief military routes, or other much frequented
roads, or such as from special considerations it
may appear advisable to place under the more
immediate management of the Magistrate.* *

Second — ^The Government reserves to itself the
power of determining from time to time wliat fer-
ries shall, under the preceding rule, be deemed
public ferries, and as such, shall be subject to the
immediate control of the Magistrates * *; and
no Magistrate * * shall without previous au-
thority from Government, assimie the manage-
ment of any ferry which may not have been let in
farm * * or otherwise subjected to assessment,* *-

Third— It will be the duty of the several Magis-
trates * * to prepare lists of the ferries, which
in their judgment should, under the foregoing
rules, be considered to be public ferries, and trans-
mit them as soon as prepared * * * for the
information and orders of Government.

4. First — ^The power of appointing proper per-
sons to the charge of the public ferries is vested
in the Magistrates * * who are authorized,
from time to time, to issue such orders as they
may judge expedient, for limiting the rates of toll
to be levied at each ferry, for regulating the num-
ber and description of boats to be maintained, for
preventing exactions, and generally for promotin g
the efficiency of the police, and the safety and
convenience of the community.

Second — On prqof of any wilful breach of those
rules, or of other misconduct on the part of the
Manjees or other persons in charge of the public
ferries, the Magistrates * * are empowered
(independently of any punishment to which the
parties may subject themselves under the general
regulations) to remove such individuals, and to
appoint others in their room.

358

Tliird — ^Tlie Manjees or other persons who may
Ik? rested with the charge of public ferries, are to
engage to cross fircc of toll the troops of Govern*
ment, with their ba^age and military stores, as
well as all police and other native officers of Go-
vernment who may be actually employed on the
public service.

5. A list of all public ferries bearing the sig-
nature of the Magistrate * * shall be con-
stantly stuck up in some conspicuous place in
their cutcherries, • • • « and likewise in
the thana within the jurisdiction of which they
may be situated.

6. First — Such furies shall exclusively belong
to Government, and no person shall be allowed
to employ a ferry boat plying for hire at or in
their immediate vicinity, without the previous
sanction of the Magistrate.* * * ♦ « *

• »«»•«

7. First — In assuming the management of
public ferries, the general objects of the Magis-
tmte * * shall be the maintenance of an
efficient police, the safety and convenience of
travellers, the facility of commercial intercourse,
and the expeditious transport of troops. For the
above objects, they shall be careful to provide,
or cause to be provided, safe and commodious
boats : they shall fix the rates of toll on a very
moderate scale, ♦««♦♦«*«

they shall adjust the modes of payment so that the
tolls may bear as lightly as possible on the poorer
classes of the community, and by leaving a fair
profit to the individual who may be chosen for the
immediate charge of the ferries, they shall endea-
vour to secure as far as possible the services of
respectable and competent persons.

Second — ^No collection shall be taken on ac-
count of Government, from the proceeds of any
ferry, until the above objects are fully secured ;

359

and if in any case there shall remain a clear sur-
plus profit, after providing adequately for those
purposes, the amount collected shall he applied
solely to the furtherance of similar objects, such
as the repair or construction of roads, bridges,
and drains, the erection of mraeea or other works
of a like nature.

RULES

FOR BEGULATIKG FEEHIES IN THE DISTRICT

OP MARTABAN.

!• Ferries will be established at the foUoiVing Femes where
points on the Sittang river to meet the wants of ^s^a^^*^^
the trader proceeding along the main roads to
Pegu, viz : —

Prom the village of Win-pa-daw,
to the do. of Gway-bong-tseik.

From the do.

to the do.

From the do.

to the do.

From the do.

to the do.

of Win -pa-daw,

of Kajatsoo.

of Let-pan-thans-beng,

of Gway-beng-tseik.
of Kyoung-yai,
of Elayatsoo.

K'umbcr of
boats.

2. The limits of the above ferries shall be Limits.
considered to comprise the whole of the trading
roads from Win-pa-daw on the east to Kayatsoo

on the west bank of the Sittang.

3. The renter shall keep at each of the land-
ings indicated by A. B. as above, four good sub-<
stantial boats, viz : —

2 of not less than 500 to 1500 viss carriage.
2 ditto 2000 to 2500 ditto.

and at the points indicated by C. D. at each place
2 boats of not less than 1500 viss carriage.

3G0

Kates of fares. ,j^ rjr^^^ j^^^g ^f f^r^jg gjjaU bc OS folloWS I—

C E

From Kyoung-yai to Kayatsoo —

318. AS. F.

Fop each person carried over ... ... „ 3 „

„ each pony and bullock carried over... „ 8 „
„ each pony and bullock ferried over

by towing ... „ 4

,, each buffaloe ditto ,, G

,, each goat carried over ^ 1 ,,

B D

From Let-pan to Gway-bcng-tscik.

For each person carried over „ 2 „

,, each pony and bullock ... ... „ 0 „

y, each pony and bullock by towing ... ,, 3 „

„ each buffaloe do. ... „ 4 „

„ each goat carried over „ 1 »

„ each person carried over from

(A) Winpadaw to Gway-beng-tseik... 1 „ „

,, ditto ditto to Kayatsoo ... 2 „ „

5. No boat shall take over more than foi
the largest and for the smallest.

iientcr not to 6. Thc renter of the ferry shall not interfere

lirivate^ulu*^*' ^^^^^ ^^^ ^^^ employed by its owner in convey-
ing himself, his property or any other person across
the river, provided such boat does not ply for hiio
within the above-described lindts.

Sale oi ferries. 7, The fcrrics sliall bc sold yearly, viz : — ^from

the 1st of May to the 30th Apnl following.

Disputoa, 8. All disputes on the sulgect of fares shall be

referred to the nearest judicial officer.

9. A copy of these rules in Burmese shall bc
kept in each boat.

Penalties. 10. Any infringement of these rules on thc

part of the renter shall subject him to thc loss of
his license and to fine, at the discretion of the
Deputy Commissioner, to whom suits will bc re-
ferred.

3G1
FORM

OF LICENSE TO BE SIGNED BY FERBY LICENSE-
HOLDER AT MAULMAIN.

I the undersigned rosident of

^laiilmain having purchased the right of ferry at
tlie Nyoung-ben-zeik creek for a period of (12)
twelve months, from the
186 , at the monthly rent of (rupees
payable monthly in advance do hereby bind my-
self to abide by the following conditions, that is
to sayi —

1. I am at all times, day and night, to have
tvro good boats capable of carrying carts and
bullocks, two canoes of the size employed at the
Main Wharf, with sufficient crews prepared and
ready for crossing ovet passengers, carts, bul-
locks, horses, &c., &c.

2. I bind myself to cross passengers as they
present themselves without unnecessaiy delay and
to ensure their being treated with civility.

3. To take no niore from eadh passenger than
the rates in the annexed schedule.

4. Xot to cross any j)erson known to have been
a convict, without being fully satisfied that he is
duly released, nor any military retainer not in
uniform, if there be any ground to suspect that
he is a deserter or absent without leave*

5. I will at all times cross those persons and
their baggage, who are exempted by the regula-
tion, free of toll.

6. The privilege of ferry to extend one mile on
either side of tlie ghftt but it is clearly understood
that it is plying for hire within the limits that is
alone interdicted. I am not to interfere with pri-
vate parties crossing in their own })oats or cross-
ing their friends Avithoui liire.

T t

362

7. The amount of rent to be paid in twelve
instalments monthly, in advance, on or before the
5th of each month, in failure the ferry to be put
up to farm at my risk.

8. I am to have the option of at all times giv-
ing up the farm on giving one month's notice ;
but in such case, I am bound to sell my boats
and their tackle and furniture, if required, at a
valuation to l)e fixed by assessors, two of whom
to be chosen by myself and two by the Magis-
trate, with a casting vote in the event of their
disagreeing to an umpire to be chosen before hand
by the assessors.

SCHEDULE.

KATES OF HIRE.

BS.

▲8.

Por a man, woman, or child above scveu

viurs, with or without as much

they can carry

»>

„ children under Bcven years ...

„ a laden horse, cow or bullock

}}

,, 8 cart ,,,

., an elephant

„ a horse and carriage

(Signed.)

Witnesjfes.

I, the undersigned as security do hereby depo-
sit in the Magistrate's Court the sum of rupees

being two months' rent,
for the due fulfilment of this contract, and I bind
myself to make good whatever loss may be sus-
tained by Government.

(Signed.)

Witnesses*

(Before mo)

Magidrate^ Maulniain.

363

SECTION III.— HACK CARTS AND

CARRIAGES,

RULES

FOB HEGISTRATION AND LICENSING OF HACK CARTS
WITHIN THE TOWN AND SUBURBS OF RANGOON.

1. No hack cart drawn by one bullock or No hack carts
more, sbaU be aUowed to ply for hire without a ^J^^, ^^^^^^* ^
license.

2. The owners of all hack carts, drawn by Fees, owners to
bullocks, shall take out a yearly license for each i^^LT* ^^'''''^
cart, at the town Magistrate's office. The fee

for each license, being (1) one rupee, and the
period of license to expire on 31st December of
the year on which it was granted.

3. Every change of ownership, or temporary change of own-
transfer of hack cart, shall be reported at the ^^^l, ""^ ^:
Magistrate's office, and registered as a new license, tered.

4. Every licensed hack cart, shall have a Every cart to
number in English numerals cut out on a zinc ^*^® * number.
plate, affixed to the centre of the axle tree. The
numbers will not be less than (2) two inches in

length, and will be supplied gratis, at the Magis-
trate's office.

5. All hack carts, when plying on anv public Rules of the
road within the town and suburbs of Rangoon, '^^J^ ^ ^^"
shall be compelled to keep at the sides, or unme-

talled portions of such roads, and to observe the
rules of the road, by keeping on the left hand side
as they proceed. They will be prevented from
plying on such roads as it may be found necessa-
ry from time to" time, for special reason, to re-
serve free of cart transit.

6. The loss of any license must at once be re- ^^^J^^'^y^^j"*'*
ported to the Magistrate, when a fresh one will . ^^^^

be granted free of charge.

3f54

I'enaitics. fj- fj^^^ broach of any of the provisions of these

rules, by an owner or driver of any hack cart,
will subject the owner to a fine not exceedinj^
(10) ten rupees for a first oflTence, and not elceed-
ing (20) twenty rupees for every subsequent of-
fence. All fines to be levied, if necessary, by
distress and sale of the hack cart on account of
which the fine was imposed.

Date of rules g. Thcsc rulcs wiU couic luto elfcct fro^l and

having effect. ^^^^ter Ist JuUC ISfil.

11 U L E S

FOR HACK CARTS IN MAVLMAIN.

^License requir- ^ j^i\ ^^^^^^ scrviug for liu'c i^iust havc a li-
cense from the Magistrate.

Renewal of li- The Uc/Cnse must be renewed during the first
^^^' week of each English year, or as often as the cart

changes owners.

Fee for license. The liccuse wlU be numbered, and contain the

name of the owner ; a register of which will be
kept by the police. Fee for license eight annas.

License not 2. No liceusc OTantcd unlQSs the. Qwner of the

compulsory. . i. xi i

cart agrees to these rules.

Carts to be 3. Liceuscd carts to bear the nunaber of their
niunbereti. license legible in English and Burmese figures tj^i

least 2 inphes high on the side of i^h^e hoAy of the
cart,

^uipment re- 4 Liccused oarts to bc provided with a driver

of not less than 15 years of age, a pair of bullocks,
and a piece of rope not less than 2 inches in thick-
ness roimd^ and i fathoms in leng^th.

Each cart tohave 5. EvcrjT licensed cart to have, and at all times
^^^ ^* to accompany the cart, a copy of these rules

showing the rates of hire demandable,

305

6. Carts not to obstruct the j)ul)lic road, and Rules of road
are strictly prohibited from traversing the centre ^ ^^ "^served.
of any public roaii.

7. Hacks carts to ply whenever demanded, Rights of the
day or night. ^*^-

8. The hirer may demand the cart to go to
any place within the limits of the town where
there is an accessible yoad.

9. Carts are licensed to carry a reasonable
quantity of goods, baggage, grain in bulk, or bags
not exceeding 1200 lbs. in weight, timber, slabs,
&c. not to injure the cart or impede its being
drawnor driven. Always provided the cart licensed
for hire be built suitable for the conveyance of
that description of goods, &o., the hirer may wish
the conveyance of.

10. The hirer refusing to pay the hire or for
any damages and compensation for loss of time,
may be supd in the Pojice Court. Complaints
against the driver to be preferred at the Police
Court.

The table of distances published under the au-
thority of the Magistrate for hack carriages, will
be conclusive evidence on the subject of disputed
distances.

11. The driver has the right, if hired for the Eights of th©
entire dav, to two hours' rest to obtain refresh- ^^^ver.

pient both for himself and his bullocks.

12. The driver may, if he see fit, demand his
hire in advance, or refuse his cart if it be not
given ; he has a right to his hire immediately on
discharge. Driver prohibited from demanding
more than his correct hire.

13. The driver may demand the rates append-
ed to these Jules, and no more, unless a written

300

Penalties.

Rates of hire.

ticpveemoiit. for liiro by tlio day, week, montli or
any specified period be made.

Ik Breach of these rules will subject the
offender to a fine not exceeding 25 rupees.

For every mile, or part of a mile,
„ the entire day from 8 a. m. to 6 p. m.
allowing 2 hours for refreshment, ...
„ half a day 01^ 4 hours,
Carts hired tp proceed out of the limits

of the town, per day,

For every 10 miles,

BS. AS. P

»»

1
1

»>

RULES

rOR HACK CARRIAGES IN THE TOWN AND
STJBURBjS OF RANGOON.

Darted 1st October 1864.

ciassea. 1. There are two classes of hack carriages in

the town of Rangoon, called 1st and 2nd class
carriages, which shall alone be allowed to ply for
hire within the town and suburbs, on taking out
a yearly license.

License requir- 2. Owucrs of hack Carriages, of either class,
ed^and how.pre. gj^g^jj ^^^j^^ ^^^ ^ y^^ly liccHse from the Magis-

trate's office, for each carriage ; and the number

of each carriage and its class shall be entered in

Free for license, the liccnsc. A fee of OHO rupcc is payable on

each license. All licenses will terminate on the
31st December of the year in which they may
have been granted.

Procedure re- 3. Changes of Ownership, and mortgages or
SJ^^i^^nd temporary transfers of carriages, shall be regis-
transfers. tercd at the Magistrat/C's office, and a fee of eight

367

annas charged for every such change or transfer,
so register^. Every change of stall or stand, at
which the carriage is kept for hire, must be re-
ported at the Magistrate's office.

4. Every licensed first class carriage shall Number and
carry a card inside with its number and class ^^^^^^J^^JJ^Jl^^
legibly painted thereon, in English numerals of
not less than one inch in length.

All second class carriages shall have their re-
gistered number in English and Burmese numer-
als, of not less than two inches in length painted
on each of the outside door panels, according to
a pattern to be seen at the Magistrate's office*

5. The Magistrate will select convenient places
in the town, where a fixed number of hack carri-
ages may remain for hire in the public street.

6. To every licensed hack carriage there shall Equipments.
be a complement of (2) two ponies, that is to say,

a spare pony shall be available so as to admit of
one change. The carriage itself shall be kept in
good repair, and in a clean and serviceable condi-
tion, being provided with proper cushions, lamps,
and strong serviceable leather harness.

7. Every carriage shall be j)rovided with an
able-bodied driver not under fifteen years of age,
who is either to run at the pony's head, or to sit

I on a box raised sufficiently high to enable him to
see over the top of the carriage. No driver is
allowed to sit on the shafts or inside the carriage
whilst driving.

8. Every driver of a hack carriage shall be License not
provided with a license, the fee for which will be *ranflferabie.
one rupee per annum. The license is not trans-
ferable, and will expire on the 31st December of

the year in wliich it was granted. A register of
drivers will be kept in the Magistrate's office.
Each driver T^dll wear a brass plate on his left

308

aim, with his mim1)er iu the register eugraTrd

nrircr to Mhow thercoii in English and Burmese numerals. Every

^^^ ^ ''° ^ driver must show his number, when required by

a passengei*.

Rule** of road 9, AH hack Carriages to observe the rules of
tu »ie observ . ^j^^ rood, and on meeting any vehicle, to pass by,

keeping to the left ; when overtaken by a vehicle,
they inust pass by keeping to the right.

Lighto. . 10. Hack carriages when in use to have two

lamps lighted, between three-quarters of an hour
after sunset^ and one hour before sunrise.

11. All hack carriages are bound to ply when
required, day or night, on either the distance or
the time fare. The licensed owner is responsible
" for the fulfilment of this rule;

Lost articles to 12. Owucrs and drivers are t)oun(l to deliver

be^ delivered to ^^ ^j^^ ^^jj^^ ^^^ ^^j^j^ ^^^^^ ^^ j^j.^ ^^ ^^^^

carriages ; on proof of appropriation of any article
left in a public conveyance, the oflTender becomes
liable to punishment, under the Indian Penal
Code.

Kates of hire. 13. Thc amount o^ farcs payatie fo* the hire

of hack carriages is as follows : — •

1st class — ^DAY OR KIGflT.

Per hour, or portion of an hour, 12 annas.

For 12 successive hours, 6 rupees.

2n1) class — ^DAT WORK — 6 A.M. to 9 P.M.

Per hour, or portion of an hour, 6 annas.

Por 12 successive hours, night or day, ... 3 rupees.
Or for any distance a carriage is driven

not exceeding one mile, ... ... 3 annas.

This shall be thc rate for each mile or portion
of a mile.

3C9

2nd class — ^NIGHT WORK — 9 P.M. to 6 A.M.

Per houTy or portion of an hour, ... ... 8 annas.

Or for any distance a carriage is driven

not exceeding one mile, 4 annas.

This shall be the rate for each mile or portion
of a mile. •

These rates include the fare for the whole num-
ber of passengers wliich a carriage is licensed to
earrv.

14. An agreement to be made at the time of ^, ^"^ ^^^«a«®™e^*
engagement as to which mode oi payment is to ther he engages
be adopted, the option of paying by time or dis- ^^^™® ^^ ^^ ^"^
tance remaining with the hirer. Should no agree-
ment be madci the time rates will be enforced.

15. Wilful dilatory driving will be punishable,' -
on proof before a Magistrate, as a breach of rules,

16. A boards 5 feet long and 3 feet broad, shall Kach carriage^
be suspended in a conspicuous place, in front of J^,*^ "^^ *
every hack carriage stand, having painted there-
upon a tfeible of fares detailed in rule 13^ in English

and Bm'mese ; and every driver shall be J)rovided
with a copy of these rules by the proprietor of the
carriage, and the driver shall produce, on demand
of any passenger, copies of these rules — ^to be ob-
tained on application to the head clerk of the
f^olice office at 8 annas per copy.

17. All cases arising out of disputed fares^ Diaputen how
are to be decided by the Magistrate, and it shall *^®^*^®^*

be lawful in cases of dispute either for the party
hiring, or the driver of the conveyance, to pro-
ceed at once to the Magistrate's Court for settle-
ment of such disputes ; the Magistrate's orders in
such cases to })e final.

18. All carriages to be Ucensed to carry four
passengers only inside, and one out ; luggage of
any kind exceeding 30 lbs, in weight, to be
charged half fare extra,

u u

370

Penalties. X9. The brcacli of any provision of th^

rules by an owner or driver, will render him
liable to a fine not exceeding ten rupees, or tea
days' imprisonment for a first offence and rot
exceeding twenty rupees, or twenty tl?,ys' impri-
sonment for a second and every subsequent of-
fence.

20. Should a license be lost, immediate in-
formation should be given by the owner to the
Magistrate, who will grant a copy of the original.

Fare how to be 21. The fare due for hack carriage hire is
^^ pnyable in coin only. Nothing in the above rules

shall prevent private arrangements or contracts
being entered into for the hiring of hack cirriages
by the month, day, or otherwise ; such agreements
- or contracts must be in writing, otherwise the rules
will be enforced relative to lateSi

22. No license will be granted and no chancre
of ownership or transfer recognized or registered
at the Magistrate's office, unless the hack carriage
for v/liich license or trai^sfcr is applied, is brought
to the Magistrate's office at 10 A. M. on the day of
maki;: J ^uch application, tageiher with its harness,
lamp?, cii ::bioa:3 and spare pony for theMagistrate^s

inspection.

23. The conveyance of dead bodies, and any
ofiensivc or putrid matter whatever in hack car-
riQgr:; oi either class, is positively prohibited, and
will be regarded as a serious breaeh of hack car-

riage rules.

Wita

RULES

ron HACK CAFvI^TAGES IN MAXJIi1lAI^«

Liccnserequired. 1. All cdxvivMc:; Fcrviug for hire, must have a

license from the Magistrate. The license must
be renewed during the fii^t week of each English
year, or as often as the carriage changes owners,
notice of which should be given in writing within

371

a week to the Magistrate. The license will be
■numbered, contain the name of the owner, and
of the stable whwe the carriage is kept ; when
the stable is changed an entry to that effect must
be made on the license^ and in the register of
carriages kept at the Magistrate's office. Fee for
license, three rupees; for registry of change of
stable eis'ht annas.

2. The carriage owner is bound to produce
his license when required by the Magistrate or
an Inspector of Police.

3. Changes of ownership and mortgage or oiiftnffes of
temporary transfer of carriages shall be I'ogis- Ji^fer toiSw-
tered at the Magisti'ate's office, as shall also ag^tered.
change of stall or stand at which the carriage is

to be hired,

4i. No license granted unless the owner of the
carriage agrees to these rules.

6, Licensed carrias:es to hear the nimiber of Number to be

Ji • !• 1 'T.! * XI !• -L J T» shown Oil Car-

their ucense legibly, m English and Burmese nage.
figures, at least 2 inches high on the panel of
.each door,

6^ Licensed carriages to be provided with 2 Equipment re-
drivers, of at least fifteen years of age, two horses *i^*^*®-
or ponies. Every carriage to be provided with
proper oushians, two lamps, and strong reliable
harness ; and the carriage, with lamps, harness,
reins, and ponies^ to be kept in clean and service^.
Able condition.

?. Hack drivere to bear openly on their right
arms the number of their carriage inscribed on a
badge.

8. Every licensed carriage to have fixed in
it, a card which will be supplied by the Magis-
trate, showing the rates of lure demandable.

9. Every driver of a hack carriage shall be Li^^^w ^^
provided with a license, the fee for which is one

rupee per annum. The license is not transferable.

10. The Magihti-ato will seleqt conreniciitj
places in the town, where a fixed number of haefe
carnages may remain foi: hire in the public street*

staiiB to hare n. A bos^d tobe sui^pended in a ponspiouous
b^ of rule. «f pi^^^^ ^ jp^j^^ ^f ^^^^ Yiack carriage stand, having^,

painted thereupon a table of fares appended to]
thwe rules in English and Burmese ; land every i
driver shall be provided with a copy of these rules^
by the proprietor of the carriage, and the driver
shall produce the same on demand of any passen-
gers. Copies of these rules to 1i>e obtained on ap-
plication to the tax collector of the Magistrate's
office, at eight annas per copy.

r;«nerai roles. 1 2. Should a license be lost, information should

be immediatelv given by the owner to the Ma-
gistrate, T^ho will grant a cojpy of the original, if
there be no objection to ii.

13. Cstrriage^. mav be driven or led ; if driven,
the seat n^ust be high enough to allow the drivei*
to overlook the roojf,

14. Carriages not to obstruct the public roads.
Stands are fi:^ed.

16. Furipus driving punishable by a fine ex-
tending to fifty rupees. Sitting on the shafts is
strictly prohibited.

16.^ Leaving carriages on the road with no
one in charge is prohibited, and punishable by
a fine of twenty rupees.

17. Tl;i9 lamps to be lighted when^ ajnd so long,
as it is dark.

18. Carriages overtasking and passing carri-
5tges pass on the right side. Carriages meeting
must pass to their, respective left hands.

19. All articles left in hack carriages must
be restored to the owner, or sent to the Police
within 13 hours,

373

20. Rudeness or incivility on the part of the
driver is punishitble.

21. Hack carriages to ply whenever demand- j^i^jf^^ °^ ^^
ed, dJiy or night, and may be kept for 24 hours.

22. The hirer may demand that the carriage
go at any rate he pleases, not exceeding six miles
per hour, to any place within the limits of the
town where an accessible road exists.

23. Carriages are licensed to carry 4 people. •
The hirer has a right to require the licensed number
of passengers to be taken in the carriage, or in
lieu, a reasonable quantity of luggage, of a kind
not to injure the carriage.

24. All cases arising out of disputed fares, as
well as cases qf breach of these rules, are to be
decided by the Magistrate or Assistant Magis-
trate, and it shall be lawful in cases of dispute,
either for the party hiring or the driver of the
conveyance, to proceeji M> once to the Magistrate's
Court for settlement of such disputes ; the Ma-
gistrate or Assistant Magistrate's orders in such
cases to be final.

25. Any table of distances which may be pub-
lished by order of the Magistrate, will be conclu-
sive evidence on the subject of disputed distances.

26. The driver has the right to change his Bights of the
horse arid to be relieved or obtain refreshment ^^®'^*
every six hours, or after proceeding six miles, one .

hour allowed for this purpose.

27. *The driver may, if he see fit, demand his
hire in advance, or refuse his vehicle if it be not
given. He has a right to his hire immediately
on discharge. Drivers are prohibited from de-
manding more than their correct fare.

28. In cases, however, when proved before the
Magistrate or Assistant Magistrate, that the oc«
easion was emergent and not admitting of delay,

374

Bates and fares.

the refusal to hire although unaccompanied br
the tender of the fare, shall render the owner
amenable to the penaUies herein provided.

29. The driver may demand the rates append-^
ed to these rules and no more, unless a written
agreement for hire by day, week, month, or foi^
any specified period be made.

30. Breach of these rules, where no penalty is
stated, win subject the ofiender to a fine not ex-
PQeding twenty rupees,

JIATES AND FARES TO BE PAID FOR HACKNEY
CARRIAGES OF THE TOWN OF MAULMAIN.

H
O

Fare by distanck.

Fare by tiue.

Day work.
Night

»»

O S .

s o

2 ^.'^

« .« o

«^ a

•^ to

_*^ an

3.aji!ia8.| Rs. 1

4 ,. ' ,. 1/8

»*

»».

'5 ^

rr o

•g ?so
P p

. a ^
fe « o

- — ■ »—

i Ra. i/a

The above fares to bo paid according to distance
or time, at the option of the driver. Provided
that if the distance travelled does not exceed one
mile and the detention does not exceed half an
hour, the fare is not to exceed three annas. Dis-
tance or time is to be reckoned from the place or
time at which the carriage is called to the place
or time at which it is discharged.

RULES

S'OR HACK CABEIAGES IN THE TOWN AND

SUBUBSS OF AKYAB.

Dated 15th June 1863.

lioenserequired. 1. No hack Carriages shall be allowed to ply

for hire without a license#

375

2. Owners of hack carriages shall take out a
yearly license from the Police office for each car-
riage, the number of which shall be entered in
the license. A fee of one rupee is payable on
each license. All licenses will terminate on the
31 st December whatever be the period of the
year in which they may have been granted. An
owner of a hack carriage is bound to produce his
license when required by the Magistrate, or by
any Police officer above the grade of seijeant.

3. Changes of ownership, and mortgages or changes aoct
temporary transfers o?. carriages shall be regis- ^^ *** ^ ^
tered at the Police ofiioe, as shall p.lso a change

of stall or Stand, at which the carriage is to be
hired.

4. Every ilcensod 3<iu'iage sliali have its num- Number to be
ber ill English and Buim?s3 numerals, of not less ^^^^'^^^^^^
than two inches in length, painted on the panels,

and shall have a board with the number, class of
license and rate of fares inscribed thereon, hung
or fastened in some conspicuous part of the inside
thereof*

5. The Magistrate will select convenient
places in the town, where a fixed number of hack
carriages may remain for hire in tlie public street.

6. Every hack carriage shall be kept in a Equipment re-
clean and serviceable condition and bo provided ^^^^

with proper cushions, two lamps and strong reli-
able harness for the horse or pony* The Magis*
trate will divide the carriages into three classes
according as they may approach the standard
contemplated in this rule*

7. Every carriage shall be provided with an
able-bodied driver not under fifteen years of age,
who is either to run at the pony's head, or to sit
on a box raised sufficiently high to enable him to
see over the top of tlie carriage. No driver is
allowed to sit on the shafts or inside.

376

Fee for licenae. Q. Everj driver of a hack Carriage shall be

provided with a license, the fee for which is one
vupee per annum. The license is ncd; tntnsfera-^
hie. A register of drivers will be kept in thd
Police office. Each driver will wear a brass plat^i
on his left arm with his number in the regi^tei^
engraved thereon in English and Burmese numer-
als. Every driver must sh(>w his number when
required by a passenger.

Rules of road 9. All hack camageis are to observe the rules
0 nerv . ^j ^1^^ road, and on meeting any vehicle to pass
by keeping to the left ; when overtaking a vehi-
cle, they must pass by keeping to the right.

General rules. iQ. Hack Carriages, wnen in use, are to have

two lamps lighted between three quarters of an
hour after sunset, and one hour befote sunirise.

11. All hack carriages ate bound to pily when
required, day or night, for either the distance or
the time fare. The licensed owner is responsi-
ble for the fulfilment of this rule.*

12. Owners and drivers are bound to deliver
to the Police any articfle found or* left in hack
carriages. On proof of appropriation of any arti-
cle left in a public conveyance, the oflFender will
be liable to punishment as a thief, and if a driver,
his license (on conviction) will be cancelled,

13. The amount of fare payable for hack car-
riages is as in schedule hereto subscribed.

These rates include the fare for the whole num-
ber of passengers which a carriage is licensed to
carry.

An agreement should be made at the time of
engagement as to which mode of payment is to
be adopted, the option of paying by time or dis-
tance remaining with the hirer. Should no agree-
ment be madC; the time rates will be enforced.

877

14. Wilful dilatory driving will be punish-
al)le, on proof before a Magistrate, as a breach
of the rules. But ixo carriage can be compelled
to go where there is no made road in ordinary
good condition for spring wheeled vehicles.

15. A board is to be suspended in a con-
spicuous place, in front of every hack carriage
stand, having painted thereupon a table of fares
as detailed in the schedule subscribed to these
rules, in Enghsli and Burmese, and every driver
shall be provided with a copy of these rules by
the proprietor of the carriage, and the driver shall
produce the same on demand of any passengers.

16. All cases arising out of disputed fares
are to be summarily decided by the Magistrate,
and it shall be lawful in cases of dispute, either
for the party hiring or the driver of the convey-
ance, to proceed at once to the Police Court for
settlement of such disputes, the Magistrate's or*
ders in such cases to be final.

17. All carriages are to be licensed to carry
four passengers only inside, and one out ; luggage
of any kind exceeding 30ibs in weight to be charged
half fare extra.

18. No person can be excluded from a hack
carriage by reason of his caste, but he may be if
filthy or diseased.

19. Should a license be lost, immediate infor-
miation should be given by the owner to the Ma-
gistrate, who will grant a copy of the original.

20. The fare due for hack carriage hire is pay-
able in coin only.

21. The breach of any provision of these rules Penalties.
by an owner or driver, will render him liable to a

fine not exceeding ten rupees for a first offence and
not exceeding twenty rupees for a second aoid
every subsequent offence.

V V

878

22. Nothing in the above rules shall prevent
private arrangements, or contracts being entered
into for the hiring of hack carriages by the month,
the dav, or otherwise ; such agreements or con-
tracts must be in vrriting, otherwise the miles wUl
be enforced relative to fares*

SCHEDULE OP DISTANCES AJTD FAEES :-4

B«tM aad UrtB, From Halliday^s wharf to Cherogia ter ccmnt aa 2 miles

do. do. Deputy Comr^a. Court 1 mile

do.
do.
do.
do.
do.

Church

Maater Attendant's
Burial Ground...
Fisherman's Creek
Fakeer*0 Point ...

1 da.
1 do.
1 d<y.

1 do.

2 miles.

DeiKniptioii.

•IS

1 Pony gharry,

da do.

2 PoniM da

do. da

1 Pony gharry, Day

Day

Night
Day

Night

Its. A. P.

do. do.
2 Ponies da
do. da

Night

Day

Night'

1 Pony gharry,

da do.

2 Ponies do.

do. do.

Day

Night

Day

Night

•I
It

6
6

»»

3..
6„

»♦ 3 >»

as. A. p.

8
10
10
12

6 m

10 „

6.,
6.,
8»

,B8. A. P.

1 4«
1 8„

„ 12 „

1 4m

>» 8 ,,

M 12 „

1 II >l

as. A. p.

1 8,

2 ,, ,
2 /, ,
2 8

1 2,

1 8,

I 8,
2

»» t

M 12,
1 2,
1 2,

1 8,

as. A. p.
3

4
4
5

2
3
3

4„

>l »t

»l >»

1 8„

2 4»

2 4..

3 „ )f

379
SECTION IV.— BAZAARS.

RULES

TOB THE BASAAE OP THE TOWN OF PBOMB.

1. The Prome baa^aar is intended for the sale ^^f«* ^^ *^*
therein of meat, fish, nga-pee, vegetables and raw

fruit of every description.

2. Stalls and standing places for t^^.s^^^.^f ^nl^Jitooftoxf'
the above or of such other articles as parties wish

to offer for sale are provided at the following

rates: — •

R9. AS. p.

Tint class abrat 4i cubits sqiMr©> Q 10 0 Monthly tax.

Second do. do. da. 0 8 0

Biird da da do. 0 8 0

Standing sellers or sellers from baskets pec dieia^ 1

8. In the first class are sold general articles ^^^^^
which create no filths

In the second class vegetables, fiadts, &c.

In the third class fish, meat, nga-pee, &c.
Standing sellers, or those selling from baskets, sell
any of the above articles^

4. Persons selling gram or other article retail Retail »ie««>w
from carts, pay at the rate of (2) two annas p^

cart load.

5. Prom the tax thus collected the following .Bazaar esta*
bazaar establishment k kept up :— biishment

1 Goung at 20 rupees.

3 Sweepers at 8 rupees each.

Total rupees 68 per month.

6. It will be the duty of the bazaar Goung to Monthly lirt of
collect the bazaar tax and to make out a monthly ***^ *^

list of standing sell^s, with the names of the sell-
ers, to be delivered to the Deputy Commissioner,

380

7. The bazaar Goung who has the superin-
tendence of the sweepers is responsible for the
cleanliness of the bazaar.

Duties of ba- 8. He will also have charge of the standard
zaar Goung. weights and measurcs ; he will be careful not to

interfere with prices, but will imna^iately report
any instance of the use of false weights or mea-
sures.

Pnties of bar 9. In the event of any disturbance occurring,
""^^ ^^' it will be his duty to use his influence to suppress

it and to bring it to the notice of the nearest
Police officer.

Ko person to 10. As a gcjicral rule no one is allowed to re-
ftt°Dightr ^***" main in the bazaar at night, or to leave his pro-
perty therein, and in no case is cooking or any
fire allowed ; no sale is allowed in the bazaar be-
tween dark and daybreak.

RULES

FOB THE BAZAAB AT KATTIAH.

Object of ba- 1. The Kattiah bazaar is intended for the sale
^*"' of cloths, meat, fish, nga-pee, vegetables and fruit

of every description,

2. Stalls and standing places for the sale of
the above, or of such other articles as parties wish
to offer for sale, are provided at the following
rates :^—

BS. AS., p.

Ist class for the sale of cloth, 7^ feet

square, ... ... ... „ 1 „ per diem.

2nd class for sale of tobacco, beetle-
nut, molasses, cutch, &c., 7 J feet „ 1 „ per diem.

8rd class, cotton, twist, &c., 7^

feet ... ... ... „ 1 „ per diem.

ditb class, crockery-ware and mats 7^^

feet ... ... ... „ 1 „ per diem.

5tli class, standing sellers or .sellers

from baskets ,,, „ „ 3 per diem.

381

3. Prom the tax thus collected the following j^jj^J^^ **■**'
bazaar establishment is kept up for the present.

1 Writer at 15 rupees per month,

4, It will be the duty of the bazaar writer to ^JJ^f ®^ J^^
eollect the bazaar tax and. to make out a monthly ^

list of all sellers, to be delivered to the Extra As-
sistant Commissioner for submission to the Deputy
Commissioner. He has the general superinten-
dence of the bazaw — ^is also responsible for the
cleanliness thereof.

He will also hare charge of the standard
weights and measures. He will be careful not
to interfere with prices, but will immediately re-
port any instances of the use of false weights or
pleasures ; in the event of any disturbance occur-
ring in the bazaar it will be the duty of the writer
to report the same to the Goung of Kattiah a^
the nearest Police officer.

As a general rule no one is allowed to remain No person to
in the bazaar at night, or to leave his property 1^ u^ir?*
therein, and in no case is cooking or any fire to
be allowed in the bazaar ; no sale is allowed in the
bazaar between dark and daybreak.

RULES.

POR THE BAZAAB OF THE TOWN OF TOUNG-OO.

1. The right to collect the taxes in the Go-, ^^^ to coi-

.«^ .11 1 111 J- It l<^t bazaar taxes

Temment bazaar will be sold by auction, the to be sold by auc-
purchasers being bound to adhere to the rates fix- **^'*-
ed for all the stalls therein.

Fixed rates payable to the auction purchaser. awlTto't^Slic'
No larger sum than 5 rupees monthly demand- tion purchaser
able on each stall in the bazaar, except when a "^^^^^^y*
dispute for a certain stall arises about the right to
occupy. The stall will be sold to the highest bid-
der among the disputants,

S82

, DMiy. 2. Daily sellers — 3 pie.

Lighting «nd 3. The aiiction purchasers will light the baxaar
JJ^^ to bf ^ at night ancl pay :^11 eypcAses for sweepers.

vy purchaser.

Bluuuvr Goung 4 rjr^^ baaaap GouTig will be appointed hy

by whom appoint- ,, Vi. 1 j-% • • ® 1 • t -if -i i

edandhiadatie«. the Deputy CommissiQi^er, and IS held responsible

tliat rates ^ed as payable by occupiers of stalls
9.nd sellers are not exceeded,

5, The bazaar Goung will also have charge ot
the standard weights and measures ; he will b»
careful not to interfere with prices, but will im«
mediately report any lAst^^nce of the \\se of false
M^eights or measures,

6. In the event of any disturbanoe occurring,
it will be his duty to use his influence to suppress
it, and to bring it tq the notice of the nearest
Police oflGlcer.

Bazaar cioaed ' 7- The bazaar is to be closed at night; no sell^.
at night. ^yg permitted to sleep within the walls, x^ cook^

ing pillowed within the walls..

8, The bazaar purchaser for the year to pay in
twelve instalments monthly in advance, but is pro-
hibited from collecting from the sellers in advance.

9, The auction purchaser to guard the pro-,
perty in the basiaar at night and to satisfy Iiim*
self that all almirarhs and boxes are closed before
the bazaar is closed for the day.

RULES

FOB THE MAKAGEMEXT OF GOVERNMENT BAZAABS
IN THE TENASSERIM DIVISION OF BRITISH BURMA.

General rule*. 1. Thc bazsiar is divided into sections appro-
priated to the sale of the various commodities
separately.

2. No stall holder shall sell other articles iii
his stall but those to which it is so appropriated.

3. The bazaar will be opened from the hours
of 6 A. M. to 6 p. M., at ^hich hour the gates will
be closed for the night.

4. No stall holdei* shall have the right of keep-^
Ing his property within the baifiaar during th^
night ; all such property so deposited will be ftt
the sole risk of the o^oier.

6i With the exception of the lanterns attached
to the bazaar no lights or fii*e will be permitted,
fcnd all cooking within the bazaar is strictly i^ro-
hibitedi

6. Ed<jh stall holdel* on the closing of the btt-
kaar daUy shaU clear his stall of all dirt, bricks,
and brokenutensils.

7. The passages in the bazaar will be kept
clear of all incumbrances, and no stall holder will
have the right to deposit boxes or othei* packages
on the path in front of his staU.

8. Cattle or carriages of any description drawn
by cattle are prohibited from entering the bazaar.

9. For the supervision of the bazaar an estab-
lishment is provided, whose duties will be to keep
the bazaar clean, sind see that these rules are
strictly carried out.

10. The stalls will be disposed of half-yearly
at fixed rates per nlonth for each section, and the
purchaser will pay each month's hire in advance
or subject himself to a suit for its recovery.

11. The purchasers of stalls shall be hand fide
for the use of the purchaser alone, and not for
speculation or re*sale.

12/ Any infringement of these rules, on its Penalties
being reported to the Deputy Commissioner, will
subject the party to the forfeiture of his stall for
any period paid for in advance, and render him
liable to exclusion from the bazaar.

384
RULES

POE THE GOVERNMENT BAZAAR, AKTAB.

General ruiea. 1. The buzaar to bc foF the sale of all arti-
cles without exception, the only limit being said
of nga-pee, fish, and meat, for which articles on€3
portion of tJie bazaar will be specially allotted.

2. Tlie stalls to be numbered under respec-
tive heads, viz : — general, meat, fish, nga-pec.

3. The stalls to be let at a firxed monthly-
rent as per statement annexed. Rent to be pay-
able in advance not later than 3rd of the month
to which it refers. Tickets for stalls to be obtain-
able only on payment of the money at the Magis-
trate's oflBce — ^preference will be given to persons
in occupation of stalls who may wish to retain
the same, but any person occupying a stall and
failing to pay the rent in advance as above noted
will be liable to have the said rent levied by dis-
tress on any goods in the stall — ^which will more-
over be considered vacant and allotted to the
next applicant accordingly.

4. Applicants for vacant stalls will have the
choice of all vacant stalls according to date of
application — ^ rent only will be charged to those
who take stalls subsequent to the 15th of a
month.

6. Basket sellers having no fixed stalls will
be charged one quarter anna per basket.

Putieiofgottng. Q^ The bazaar Goung will be responsible for

the cleanliness and the preservation of good order
in the bazaar — he will like^vise pay in daily the
amount of basket collections of the previous day,

7. No person shall be allowed to :

1st. — Cook or have a fire in the bazaar.

2nd. — Erect any jamp or shelter in front of, or
any partition inside of, any stall.

386

3rd. — Place or expose for sale any of his goods
on any of the roads or paths in the bazaar and
(with exception of basket sellers to whom space
will be allotted) no person shall keep or expose
for sale any goods except in the stall rented by
sucIl person.

in the

8. No person shall be allowed to sleep in sleeping ii
the bazaar except staU renters who may wish to *^*" ^^ *** ^^'
do so to take care of their property, and no wo-
men or children will be allowed to sleep in the
bazaar — except in cases when women, having no e»<»p*»ow-
one to look after their property, rent stalls and
obtain written permission from the Magistrate to
sleep there.

9. No person shall sub-let any stall or shop No subletting

per'

in the bazaar — ^nor shall any transfer of tickets due^^tt!^*^^"*

be valid without the written permission of the minion-
Magistrate.

10. Until the completion of a shed for the
purpose, any two basket sellers wishing to erect
a small shed or covering from the weather will
be permitted to do so on payment of a monthly
fee of one rupee (1) in lieu of a daily payment-
space for the purpose wiU be allotted by the ba-
zaar goung imder orders of the Magistrate — such
sheds not to be sub-let.

BS. AS. p.

Fish shop, 1 8 0 per mensem. Scale of stall

rent.
2 shops on each side of the main

entrance, 5 0 0 „ do

1 shop on each side of the new

entrance, 4 0 0 „ do

Bemainder at 3 rupees per stall.

w w

386
RULES

FOR THE SEWE-BTA BAZAAB.

1. The bazaar to be for the sale by Ktail of al]
articles without eicoeption,

suua how to 2^ The stalls to be let at a fixed monthly
^^ rent as per statement annexed. Bent to be pay^

able in advance not later than the 3rd of thd
month to which it refers — tickets for stalls to be|
obtainable only on payment from the bazaar
goung, who will give preference to persons in
occupation of stalls who may wish to retain the
same, but any person occupying a stall, and
failing to pay the rent in advance as above noted,
will be liaole to have the said rent levied by dis-
tress on any goods in the stall, which will more-
over be con'feidorod vacant and allotted to the
next applicant accordingly.

fof v^ant^suSa ^* ^ppl^^^^s for vacaut stalls will have
how made. " the choicc of all vacaut stalls according to date

of application.

4. Basket sellers having no fixed stalls will
be charged one quarter anna per basket per diem,

ihitioB of bazaar 5, The baaaar goung will be responsible
^^^' for the cleanliness and the preservation of good

order in the bazaar ; he will likewise pay in daily
the amount of collection of the previous day,

6. No person shall be allowed to —
Eeatrictioiw. 1st. — ^Cook 6r havc a fire in the bazaar,

2nd.— Erect any jamp or shelter in front of, or
any partition inside of, any stall.

3rd. — Place or expose for sale any of his goods
on any of the roads or paths in the bazaar, and
(with exception of basket sellers to whom space
will be allotted) no person shall keep or expose
for sale any goods except in the stall rented hj
such person.

887

7. No person shall sub-let any stall or shop n« lub-iottiDg
in the bazaar — ^nor shall any transfer of tickets ^^
be valid without the written permission of the
Magistrate.

2. Next entrance at each end — Scale of ttall

2 rupees each per mensem. ""^ '

2. Next but one to entrance at each end —
1 rupee 12 annas each per mensem —

2. Third from entrance at each end.

1 rupee 8 annas each per mensem —

Bemainder 1 rupee do do

RULES

FOE THE BAZAARS IN THE TOWNS OP KTOUK-PHYOO,

BAHEEE AND SANDOWAY.

Approved by the Chief CammissioneTy 24dh

August 1865.

1. The bazaar to be for the sale by retail of <3«iic«i mifliu
all goods.

2. That a place in each bazaar be set aside
for ttie sale of meat, fish, both fresh and salt, and
of nga-pee, and such articles as vegetables, which
are not to be exposed for sale in other parts of the
town ; but dry goods which do. noli make litter
can be sold everywhere.

3. The stalls to be let at fi^ed rates, payable
monthly in advance, a preference being given to
the party in possession of a staU, sor long aa the
rent is paid up regularly. B^ates subject to. revi-
sion annually.

4. Applicants for vacant stalls will have the
choice according to dates of applications.

5. Basket sellers having na stalls, will be
charged two pice, or ^ amia p» day, whether th^
have one or two baskets.

6. A bazaar goung to be appointed to each
bazaar on a fixed monthly salary according to the

388

duties and ijiconie of the bazaar and to receive no

eommission on collections.

Gouug's duties. 7 Tii^ goiing to be in daily attendance at the

bazaar, his duties will be —

1st. — To see that the monthly or annual ar-
rangements for stalls made by the Deputy Com-
missioner are strictly attended to, and to let out
places for basket sellers.

2nd.-— To collect stall and daily rents.

3rd. — To see that the bazaars are kept clean
and tidy.

4th, — To prevent cooking, or fires being lit h\
the bazaars.

8. The goung is also responsible for the refuse
being removed daily out of the town to such
place as may be appointed by the Deputy Com-
missioner or other municipal avithority, and that
the bazaar is kept clean.

9. Sweepers, one, two, or n^ore, where neces-
sary, to be appointed to each bazaar, to receive
such monthly salary as may be necessary,

10. No persons to be allowed to sleep in tho
bazaars but the renters of stalls and their servants .

stwidard mca- rpj^g standard Burmese basket or bushel has

sure for all retail , ji/» • f t • t !•

sale of grain in been constructcd of copper m a cvlindrioal form,
^^^^^^?^f depth 14-562 inches, diameter 14 inches. The

contents of this copper measure are equal to
2218'19 cubic inches as near as it is possible to
make it. The true contents by computation of a
cylinder 14 inches in diameter by 14* 662 in depth
^1 be 2241*6 cubit inches. This diflference is
attributable to the absence of true sphericity as
it is not possible to turn a cylinder so true as to
give the exact contents, but the copper vessel

389

;now constructed is as correct as such an article
can be manufactured. The pyee or pottle mea-
sure is exactly one-sixteenth of the bushel.

The standard basket measure is applicable to k^^^^nf^^ ^^]
all retail sales of grain of any quantity not ex- piicAbie to what
ceeding in the transaction one basket. In whole- **^®' °^ sram.
sale transactions the seller and buyer will use
such basket measure as they prefer. The standard
basket alone will be used in all government ba-
zaars.

L STATEMENT OF THE WEIGHT OF RICE (IN THE

SEASON IT LS REAPED) OF THE BASKET

MEASURE IN POUNDS AVOIRDUPOIS.

Cleaned
rice.

Cargo rice
l-5th paddy.

Paddy.

Remarks.

Standard )
measure \

lbs. 62

lbs. 57i

lbs. 481

The standard basket mea^
sure has the same capacity
as the English busheL

II. STATEAIENT OF COMPONENT PARTS.

y..

5" 't

Measures.

Name of measure
in Btirmese.

Contents in
cubic inches.

Contents
weight in
pure water
avoirdupois.

I
2 Pints

Quarts

Gallons

Gallons
Gallons

Pint

Quart

Gallon or
jg- bushel

Gallon or
I bushel

Peck or
quarter
bushel

i Pyee
i Pyee

1 Pyee or 1 basket

IS"

2 Pyees or | basket

4 Pyees or quarter
basket

34g cubic in. l.i lbs. avoir-
dupois*

Peck or I 8 Pye«s or half
half bushel basket

bushel 1 Ten or standard !
basket

69i do.

138] do,

277t ^o.

d54i do.

1109 do.

2218i do.

24 lbs.
5 lbs.

10 lbs.

20 lbs,
40tb8.
80 lbs.

890

III. TABLE.

Standard basket or btisheL

4| 2

»^

16| 8
3216

Half (or Akyab) basket or bushoL

6432

Peck or quarter busheL
GftUooL

4
8

1
2

Pyee or half gallon.

1
2

Quart

Pint

Weights used In most towns of British Burma foreign articlesi
inBritiahBunnA. usually sold by Weight are sold in shops by Bri-
tish avoirdupois weight.

Articles sold in the daily markets held in
towns in Pegu and Tenasserim are sold by Bur-
mese weight.

The basis of the Burmese weights is the tickal
which equals 252 grains troy, or exactly one cubic
inch of distilled water at the temperature of 60 ® .
One hundred (100) tickals make a viss ; one viss
equals 8*65 lbs. avoirdupois or 140 British Indian
tolas exactly.

391
SECTION v.— GENERAL.

RULES

POK A LICENSED SLAUGHTER-HOUSE IN THE

TOWN OP RANGOON.

1. There shall be but one licensed slaughter- , ^^™^f^ ^*
house for all kinds of cattle, sheep and goats aUowei' ^^^
within the town and suburbs lif Rangoon.

2. The license-holder will be required to erect ^^.j^^iJJ^ ^'
a suitable shed or building (sufficient to accom- ^^^^'^ ^ ^'
modate his customers) to be used as a slaughter-
house, on a site which wiU be pointed out by the
Magistrate. He will be required at all times to
slaughter cattle, sheep or goats, which may be

brought to him for that purpose, on payment of
the regular fee as laid down below in section 4.

3. AU flesh which is intended Ibr vale im the
town bazaars as butchers' meat, (venison and
game excepted) shall be slaughtered at the licensed
slaughter-house und no where else, undar^fenal-
ty mentioned below in rule 5.

4. The license-holder will be required at all
times to keep his slaughter-house in a clean and
wholesome state. He is forbidden to slaughter
any animal, the flesh of which is intended for sale
in the bazaars, before the same has been examin*
ed by the Conservancy officer or a Police officer
didy appointed to that duty — ^and until such ani-*
mal is pronounced wholesome. He is further
restricted in his charges to the following rates for
each animal slaughtered and dressed at the li-
censed slaughter-house : —

BS.

AS.

For each bullock or buffaloe, ...

• • •

yj }9 CnU| ••• •«( ■••

• .•

„ „ sheep or goat,

■ • •

t) n Wttj ««, ••# ...

•tt

392

Penaitiea. 5^ ^y brcacli of the above rules will subject

the offender, on conviction before the Magistrate,
to a fine of rupees fifty (60) for the first offence
and rupees one hundred (100) for every subse-
quent offence.

6. Any breach of these rules will, if oommit-
ted by the license-holder, subject him in addition
to the penalty mentioned in rule 6, to deprivation
of his license. The license will be re-sold at the
risk and responsibility of the license-holder,

7. Nothing in these rules shall be understood
to prevent the sale of game and sound wholesome
vension in the bazaars from wherever brought.

8. These rules will come into force from and
after the first day of January 1867 •

ACT V OE 1861.

THE FOLLOWING SECTION OF ACT V, OF 1861 HAS
BEEN SPECIALLY EXTENDED TO THE TJNDEBMEN-
TIONED TOWNS OF BRITISH BURMA.

Certain duties 34. Any pcrsou who On any road or in any
of poUoe officers, gtrcct ov thoroughfarc within the limits of any

town to which this section shall he specially ex-
tended hy the local Goverimient, commits any of
the following oflFences, to the ohstruction, incon-
venience, annoyance, risk, danger, or damage of
the residents and passengers, shall, on conviction
before a Magistrate, be liable to a fine not exceed-

aDd^niJi^^^ ^^S fi^*y rupees or to imprisonment not exceeding
roads. eight days ; and it shall be lawful for any Police

officer to take into custody, without a warrant, any
person who within his view conmiits any of such
offences, namely : —

Slaughtering 1. — ^Auy pcrsou who slaughters any cattle or
ridi^\c,'*'****^' cleans any carcass ; any person who rides or drives

any cattle recklessly or furiously, or trains or
breaks any horse or other cattle.

S&3

2. — Any jiersbii Who wantonly of cruelly beats, ^""^^ ^ ""'"
alDuses, or tortures any animal i

3. — ^Any person who keeps any Cattle or con* Obstructing
veyance of any kind standing longer than is re* p*^®^*^^^*-
quired for loading or unloading, or for taking \ip
or setting down passengers, or who leaves any
conveyance in such a manner as to cause incon^
venience or danger to the public*

4. — ^Any person who exposes any goods for sale. Exposing gooda

5. — Any person who throws or lays down any Tiirowing cUrt
dirt, filth, rubbish, or any stones or building "^*^ ^*"®^
materials, or who constructs any cow-shed, stable,
or the like, or who causes any offensive matter to
run from any house^ factory, dung-heap, or the
like.

6. — Any person who is found drunk or riotous, Being found
or who is incapable of taking care of himself. ^^^hfj^e,***^

7. — Any person who wilfully and indecently indecent expo-
exposes his person, or any offensive deformity or ^^^ ^^ person;
disease, or commits nuisance by easing himself or
by bathing or washing in any tank or reservoir
not being a place set apart for that pui'pose.

8. — Any person who neglects to fence in, or Neglect to pro-
duly to protect any well, tank, or other dangerous J^^*^^^^^'*"
place or structure.

Vbov division.
Rangoon,
Pegu,
Yaudoon,
Bossein,

Kgathau-kyoung,
Pantanaw^
Lay-myet-nga,
Myanoung,
Uenzada,
Don&bew,
Kyaugheen,
Kemoungf
Zalonc,
Prome,
Thayet-myo,
Shwe-doung,
Padoung,
Poongday,
Toung-oo,

Notification Na 70
dated 27tli May 1863.

TfiNAJ»]£Rltf DIVISION.

MauUnain,

Amherst,

Shwe-cheent

Martaban,

Thatone,

Kyouk-hto,

Sittoung,

Tavoy,

Mergui,

Abakan division.
Akyab,
Kyouk Phyoo,
SaJidoway,

Notification No. 12 dat-
ed 27thFobruaryl863,
published in the Cal-
cuUa OazcUe of 7th
March 1863.

Notification No. 104
dated 26th June
1863.

X X

394
CONSERVANCY RULES

FOK THE TOWN OF RANGOON.

Kaugoon, 10th July 1865,

1. From and after the 1st day of July 1865,
the town of Rangoon shall be divided into two
divisions, east and west of Mogul street, each
division to be under the supervision of a con-
servancy oflBcer.

■e^SJy Officer ^' ^* ^^^^^ ^® ^^^^ ^^^^ ^^ *^^ couservancy
eMtorn division. * officer in charge of the eastern division of the town

to inspect the slaughter-house daily and see that

the shiughter-house rules are strictly enforced.

3. He is further required to inspect the main
w harf and landing-places daily, . and he will be
held responsible for their being kept clean.

se^anc oV er "*' ^^^ couservancy officer in charge of the
wwSrn^divirion! wcstcm divisiou of the town will daily inspect the

bazaars on China and Godwin's street^ known as
the " Burra bazaar " and ** Iron bazaar " and see
that they are kept in a clean and wholesome state,
and lay information before the Magistrate regard-
ing all persons creating nuisances.

5. He shall further see that the roadside drains
adjoining these bazaars are not used as public
urinals, or converted into a receptacle for the
refuse of the bazaars.

General dutiei 6. The conservancv oflBcefs shall daily inuster

of conservancy .« a* i ^ i • x i V

officere. the tiudals and convict gangs, employed on con-

servancy work, equally dividing their gangs, and
proceed to work at G a.m.

7. The roadside drains must be kept clean, and
all rank vegetation cleared away from the sides of
the streets.

305

8. The conservancy department shall daily
remove all deposits on the side of the streets, such
as dust, dirt, ashes, kitchen or stable refuse, or
filth of any kind, and cart it away to be thrown
into the river^

9. The conservancy officers shall lay informa-
tion before the Magistrate, or at the nearest Po-
lice station, against all persons who may cause
any deposit to be thrown in the streets, save at
such places and at such hours as shall be fixed
for that purpose,

10. The conservancy officer shall lay informa-
tion before the Magistrate regarding the owners
of all hack carriages, whose carriages are found
on examination to be dirtv inside> or in an unfit
state to be used as a public conveyance. The
conveyance of dead bodies, and oflfensive articles
of food such as nga-pee, &c., in these carriages is
also prohibited.

11. The conservancy officers shall lay inform-
ation before the Magistrate regarding the owners
of houses from which the waterof any sink, or any
other offiensive liquid matter belonging to them,
or being on their lands, is allowed to run, drain, or
be thrown upon any public highway, road or
street, or causes any such offensive ma4iteir from
any sewei or privy situated on lots to run, drain,
or be throwrk ijito a surface drain on the side of
the street.

12. It shall be the duty of the conservancy
officers within their joint divisions to see that aU
offensive matter left by the tides above high- water
mark, is either buried or thrown into the river, or
otherwise disposed' of.

13. In like manner the carcasses of dead dogs,
bullocks, &c., found about the streets or floating
about the harbor, shall be at once disposed o^
either by sinking or bulging them.

390

11, Tlie conservancy officers shall report to
the Magistrate, the locality, ox the names of the
owners of houses who have peTmitte4 their houses
to become ruinous, or likely to fall in, or in any
way become dangerous to the inhabitants of such
houses, or to the neighbouring houses or build-
ings.

1&. The conservancy oJB&cers shall lay inform-
ation before the M^gistr^^te against the owner or
agent of every house Mrho suffers the same to be
in a filthy state and obnoxious to, the neighbour-
hood, or over-grqwn with thick or noxious vege-
tation.

16. The conservancy officer shall lay inform-
fition before the Magistrate against the owner or
occupier of any la^nd ox house in the town whose
4rain, privy or cesspool shall be in a filthy state,
so as to cause annoyance or be injurious to the
health of the neighbourhood.

17. The conservancy officers shall lay inform-
ation before the Magistrate against Ofll persons
who shall be found bathing at any public well or
tank, the water of which is used by the inhabi-
tants, or who shall be found washing any cloth or
wearing apparel, or any foul or offensive thing
near such public well or tank.

RULES

yOR RENTING, TEMPORARILY, VACAK'f LAND ON THE
RIVER BAN? IN THE TOWN OE RANGOON.

Patcd 19tli October 1,866.

Prom the above date all parties depositing any
of the follomng articles on tne river bank between
Sparks* street and Godwin's jfoad vill have to

897

pay a cess as noted below, for every such day it
reqiaiiiLS thereon : —

FEB BIEaC.

Bricks and tijes One pie per square foot

on the area occupied.

Pegu or earthen jars, &c One anna each.

Bagging rice Half pie per square foot

on the area occupied.

Twenty-four dear hours will be allowed for imported arti-
cles, for remqval after being landed.

The cess will be levied every morning by the
ponservancy oflBlcer in charge of the division.

RULES

FOB TIJilNG HOUSES IN THE TOWN OF PROMB.

Rangoon, 17th October 1865.

It being desirable that all houses within the Preamble,
limit of the old town walls of Prome should be
gradually tiled or otherwise covered with incomr
bustible roofs, so that fires hitherto so destructive
may be prevented in future, the following rules
are established : —

1. Each inhabitant who now owns a house incombuatibie
not already roofed with incombustible material "^^* "^®***^'
will be required to have a tiled or a metal roof
according to the procedure herein laid down.

2. On the 1st of October of each year, or as ExtenBion of
soon as possible after that date, the space, or ^mbuBtibie roofs
number of blocks of buildings, within which it is *<> ^e gradual.
proposed to prohibit combustible roofs during the

year shall be determined by the Deputy Commis-
sioner of the district ; but in no case shall the
prohibition be extended during one year to a
greater number of houses than one hundred and
fifty (150).

3. The space having been determined, the Procedure re-
owner of each house having a combustible roof Jj^® *^ p"^^^"'
will be served with a written notice signed by

398

the Deputy Commissioner rn the form A, annex-t
ed, requiring him to have a tiled or metal or other
incombustible roof within two years, failing which
he will be liable ta be proceeded against under
these rules.
Penalties. 4. ^t the end of two years, shouljd the house

of any person served with notice under rule 3
not have a roof as herein pifavided, the owner will
be required by the Deputy Commissioner or other
government oflficer, ta vacate tfee sit^, or if neces-
sary will be ejected therefrom, 5q will be enti^
tied to receive on ejectment, as the price of the
land he vacates, a sum equaj, to ten (10) years of
the annual assessment in lieu of capitation tax
on the area covered by buildings, and the sum of
ten (10) years' assessment on the land tax on
land not so covered. The house he may be al-
lowed to remove, receiving compensation for the
expense of doing so, to be assessed hy a commit-
tee assembled under the orders of the Deputy
Commissioner. Should he not remove the house
it will remain at the disposal of the Deputy Com-
missioner.

Roof of grass 5. During the said period of two years no
prohibited. j^^f ^f grass shall be allowed on any house, the

owner of which has received a notice as required
in rule 3. During the rainy season roofs of
wagat may be allowed on such houses, but during
the dry season they also must be removed, and
mats substituted on such portion of the house as
may be necessary for protection from the sun.

Compensation Q^ j^w gums to be paid as Compensation, price

Ac, debitable to-,, ,, ••'^jii-^i ^

what fund. " of land or otherwise, under these rules, are pay-
able from the town municipal fund, the bazaar
fund or other local fund pertaining to the town
of Prome.

Land for which 7. Land for which the price has been paid
^'^TundTr theM ^^^^^ thcsc rulcs may be disposed of by the De-
rSesTow paid!" puty Commissioner for builcung purposes, either

899

ht an upset price, to be fixed with the sanction of
the Commissioner of the (ii\'ision, or by auction,
tis shall be deemed advisable. The boundaries of
all lots of land so disposed of must be marked
permanently by the Deputy Commissioner. Siich
land is to be sold solely on condition of a brick
or wooden house being erected thereon, with a
tiled or metal roof i

8. All suiUs received under the preceding rule ^^^^ ^
shall be credited to the municipal or other fund ^'^'^^
of the town of Prome from wliich money has been
received or taken under these rules. Any profit
arising frotn the sale of land shall be credited to

the municipal fund only. These sums must be
credited under a separate heading in the account.

9. The Deputy Commissioner of the district Rules by whom
is charged generally with the duty of enforcing ®° ^"
these rules. All orders given by him are appeal-
able to the Commissioner of the division, and the

Chief Commissioner will from time to time review
all proceedings and orders finder these rules.

10. Every order given by the Deputy Commis- All ordem to
sioner under these rules mi^st be duly recorded. ^ "^corded.

A.
To

quarter, town of Prome.

Take notice.

Under the rules for enforcing incombustible
roofs in the town of Prome you are hereby inform-
ed that, the house now occupied by you must
have a tiled, metalled or other incombustible roof
by the day of 186 , or you

will have to vacate under the said rules, receiving
compensation accordingly.

Date ') Signed

Year and
Month

400
RULES

FOE LICEXSIXG THE RIGHT OF VEKDCCG CfiRTA^
ARTICLES AT THE LAXDIXG-FLACE WEST OF TD|
MAIN WHARF AT RAXGOOX.

Preamble. '\Vliereas it has been found necessary to fram

certain rules for the keeping the landing-pla<!
west of the main wharf at Rangoon clear of a
indefinite number of vendors of petty stores, an
at the same time for preserving it in a clean an
orderly state, and whereas the best plan of eflfee
ing this is to limit and restrict the space occupic
by such vendors of stores by granting a license i
licenses for the sale of articles at the landin<
place under proper restriction, it is ordered s
follows : —

suUaUotmento. 1. There shall be place given for 4 stalls an

no more for the sale of articles at the said landing
each measuring six feet square — tri^o on eitht^
side, east and west, contiguous to each other, an
under cover of the vqjrandah, but without enclc
sure or partition of any kind, and nothing shall b
sold or exposed any where within the landing
place save at these 4 stalls*

w^ permms 2. The licensc-holdcrs alone shall be allowa
"^^ ' to sell articles at the above 4 stalls, and not mor
than 2 vendors shall at any tijooie be allowed fc
sit within each of the stalls' spaces, nor shall thi
licensed stall keepers have at any time more thai
2 baskets of articles within the several stalls.

What articles 3. The Only articles which will be allowed oi

zof sale

exposed for sale at the stalls on the landing-plac<
are fruits, vegetables and cakes of kinds, and gin
ger beer.

ke^t clean. *^ ^ ^' Eacli Uccnscd stall keeper shall withoul

fail bring and keep in his shop one broom or be
som, and they shall be jointly and severally an-
swerable that the stalls as well as the smTounding

4f)0a

pace inside and outside the landing-place shall
fc all times be kept free of dirt and refuse of any
ind which may accumulate by reason of such
bulls being used as places for the sale of articles.

5. The rent to be paid by each licensed stall Reuttobepaid.
:eeper shall be at the rate of 4 rupees per month,

rliicli shall be paid in advance for each calendar
cxonth, at the end of which the Magistrate may
jontinue or renew the license ; and any breach of
liese rules will subject the license-holder to for-
eiture of his license, in which case any money
>aid in advance will be escheated.

6. It will be the duty of the conservancy
>fB.cer to visit the landing-place every day and see
uhat these rules are acted up to.

PART VI

MARINE.

SECTION I.— PORTS.

Act No. XXII of 1855.

Vassed by the Legislative Council of India,
^received the assent of the Ootemor Getieral on
the 13/A August 1855 J

AN ACT FOR THE REGULATION OF PORTS

OR PORT DUES.

This Act was extended to the several sea-port
towns of British Burma as follows : —

To AxTAB— by notification No. 604 of 23rd October
1856.

To BAyooow — by notification No. nil of 25th March
1837.

To MAi7L3CAnr — by notification No. nil of 19th October
1857.

To BiJBSEiw — by notification No. nil of — September
1859.

rfrthfa

Act XXXV of 1857.

Passed hy the Legislative Council of India,
(received tJie assent of the Oovemor General on
the lUh December 1867-^

IN ACT FOR THE LEVY OF PORT DUES IN THE
PORTS OF HAULMAIN, RANGOON, KYOUK PHYOO,
AKYAB AND CHITTAGON6.

Whereas it is necessary to fix the amount of Preamble,
the port dues to be hereafter levied and taken in
the ports of Maulmain, Rangoon, Kyouk Phyoo,
Akyah and Chittagong, in accordance with the

402

proYurions of Act XXII of 1855 ; it is enacted a
follows : —

Port duci on 1, Pott ducs, at rates not exceeding the rate
Vi^^^to^r^d contained in the schedule to this Act, shall bi
upwardf enter- chargeable in respect of every sea-going vessel o
ing port ^j^^ burden of ten tons and upwards, which shal

enter any of the said ports.

»•*« **Lf2i ^' When any vessel enters any of the 8ai<
^^ p^ied by ports, being driven in by stress of weather, or u

eom

itreM of ^^^ consequence of having sustained any damage, oi
enter po ^^^ ^^^ othcr rcasou, but does not discharge oi
take in any cargo or passenger therein (with the
exception of such unshipment and reshipment as
may be necessary for the purpose of repair,) the
port due chai^eable in respect of such vessels
shall be at a rate equal to cme half the rate
chargeable in respect of other vessels.

rewei'^^^nS ^* ^^^^^ *^^* whcu any vessel having left
bv itraJT^^ea. any of the said ports is compelled to re-enter it
toer to re-enter \yj gtrcss of Weather, or in consequence of having

sustained any damage, no port due shall be
chargeable in respect of such vessel.

No remei to 4. No vcsscl shall bc required to pay at the
£Se*^ often- samc port, any port due chargeable under this Act,
er tiian once in ofteucr than oucc in sixtv days.

nzty cutys. • "^

Commenoement 5« This Act shall commeuce and have effect
of Act £^jj^ ^^^ j^fj.^ ^Yie first day of January 1858 j

and the local Government shall, on or before that

Ratee of port date, pursuaut to section 42, Act XXII of 1855,|

dw^to be pub- ^^jj^g |jy notification, to be published in thrt

Calcutta gazette^ the rates at which port dues'

shall be levied in any of the said ports subject to

the provisions of and within the limits prescribedi

^h^ P^ ,***• by this Act ; and from and after the said date no

cept under Act* port duc shall bc Icvicd at any of the said ports

except under the authority of Act XXII of 1855,
and of this Act.

403

6. This Act shall he read with and taken as Act u, b* read
a part of Act XXII of 1855.

M pjurt of Act
II of

1855.

SCHEDULE.

POBT*

Maximum

BATC.

Maulmain

... 4 annas for every ton of burden.

Bangoon

... 6 annas ditto

ditto.

Kyouk Phyoo ...

... 4 annas ditto

ditto.

Akyab

... 4 annas ditto

ditto.

Chittagong

... 4i annas ditto

ditto.

THE FOLLOWING REVISED RATES OF PORT DUES WERE
SANCTIONED BY THE GOVERNMENT OP INDIA, IN THE
HOME DEPARTMENT, No. 666, DATED 19th JANUARY
1866, FOR THE UNDERMENTIONED PORTS, AND THE
SAME TOOK EFFECT FROM THE 1st MAY 1866 :<-

Names of ports.

On acoomtt of buoys, port
establishmeot, &c.

On account of coast
lights.

Rangoon,

Akyab,
Kyouk Phyoo,

Four annas per ton.

Three „
Three „

One and half annas per
ton.

One anna per ton.

REMOVAL OP RANGOON LIGHT

VESSEL.

The Light vessel at the entrance of the Ran-
goon river was removed on the Ist June 1866 to
her new station.

The foll<!^nng are her hearings : —

From Elephant Point obelisk ...S. 19 <=^ 52' west.

Centre China Bnckeer S. 74^ 20* east.

Fair way buoy S. 25 ® 07' west.

In twenty*one feet low springs

Latitude 16 ® 16' 05" north.
Longitude 96 ^ 19' 36" ewtt

404
PORT OF RANGOON.

Commanders of vessels bound for the port of
Rangoon, should endeavour to make the coast
well to the southward, about the China Buckeer
river, as many ships have been lost in conse-
quence of having been swept by the strong flood-
tide on to the extensive and dangerous sands to
the northward and eastward, and into the Sit-
tang river, in which direction the spring flood
sets with dangerous velocity. Pilots are usually
cruising well to the southward of the Light ves-
sel, which is stationed at the entrance of the
Rangoon river, in lat. N. 16 ® 16* 05" — ^long. E.
96^19' 36".

DIRECTIONS

FOR EKTERING RANGOON BIVER.

The entrance to the river is marked by two
beacons.

The western or Elephant beacon, painted al-
ternately red and whit^.

The pastern qr (Jroyp beacon, upper half black,
the lower white.

With these bearing to the northward steer up
for the Light vessel in lat. N. 16^16* 05''— long.
E. 96^ 19' 36"; at the low water spring tides soft
mud 3^ fathoms. Flood ^ets N. E. by IJ,— Ebb.
S. W. by 8. 3i to 4 knots,

Erqm the light vessel with a fair wind steer
N. by E. i E. about 5 miles ifor the outer black
buoy, passing it to the westward a good cable
length; frpm thence, steer north for the upper
black buoy till the upper red buoy is in sight,
bearing N. N. W.; pass to the eastward of this

405

frith the western beacon bearing N. W. and steer
in for Elephant point, which bearing from W.
S. W. to S. S. W. distant half a mile will give
good anchorage.

N. B.-^Care must be taken not tp bring the
black buoy to the westward of !^^. ^ E. or the
led buoy to the eastward of jiorth.

Eboh Elephant Poiijt to Ra^^goon.

Steer along the right bank of t)he riyer, about a
cable's length from the shore, until close to Bas-
sein creek, when cross over to the left bank,
along which steer at a distsmpe of 1^ cable's
length from the shore, ipitil Pagon Fqgoda bears
about N, W. ; then steey ihid c)lan^^l between
the red and black bi^qy on the Hastings shoal
for the Elag-staff in the town, and anchor oppo-
site the dockyard.

RANGOON PORT RULES.

NOTIFICATION.

Bated 4th April 1859.

With the sanction qf the Grovemor General of
India in Council, it is hereby declared that the
Fort of Rangoon fuid the navigable river and
channels leading to that port are subject to Act
XXII pf 1855,

The limits of the said port of Rangoon are as
follows :— r

To the West. — A line drawn south-west from woat.
the boundary pillar at Kemendine across the Ran-
goon river to the boundary pillar on the opposite
bank at the entrance of the !Panlang creek.

South East

North East

North-

South.

406

2b the South Bast. — ^A line drawn east from
King's Point on the Ballah side of the Bangoon
rirer to the hoimdary pillar on the Syrian side.

To the North East. — ^A line running north-
west and south-east drawn from the boundary
pillar on the Bangoon or west side of the Pegu
river, to a boundary pillar on the Syrian or east
side. So mueh of Puzoondoung ereek as lies south
of a line drawn from a pillar on the east above
Kyeezeik village to a pillar opposite on the west
bank of the creek.

The limits of the said port include to the north
and south so much of the Bangoon river and of
the shores thereof, and so much of the Puzoon-
doung creek and the shores thereof as are within
fifty yards of high- water mark, spring tides.

The limits of the navjigable river and channels
leading to the said port, made subject to the said
Act, are as follows : —

To the North. — ^The Port of Bangoon as above
defined.

To the South. — ^A line drawn east and west from
the light ship.

All parts of the Bangoon river between the
said limits and below high-water line at spring
tides, are subject to the said Act.

With the sanction of the Governor General of
India in Council, it is hereby declared that the
limits of the navigable river and channels leading
to the port of Bangoon made subject to Act XXII
of 1856 are altered as follows : —

To the South. — ^Within the space bounded by
the 16 ^ of north latitude as the southern limit ;

407

sfciid north of that Ihnit to the coast extending
l>etween 96'' and 97 ® 36* of east longitude.

All parts of the Bangoon river leading to the
said port, and the several creeks running into the
said river for five miles from their mouths, and
l>elow the high- water line at spring tides, are sub-
ject to the said Act.

The two last seoEitenoes of the notification dated
the 4th April 1859, published in the Calcutta
ffozette, page 915 and 986 of 1869, are altered ac-
cordingly.

RULES

FOB GUIDANCE OF THE SHIPPING MASTER AT

BANGOON.

1. The Shipping Master will be guided by the ^ To be guided

c fZi -r^fi -I QKn by Act I of 1859.

provisions of Act I of 1859.

2. The quarterly returns of the Shipping office , Q«»rteriy re-

A. x-L 'xi- XI. X i» • X J J • turafl to be for-

together with the accounts of receipts and dis- warded to Com-
bursements will be forwarded to the Commis- "^«^o»«' «' ^«-
sioner of Pegu.

3. Licenses to procure seamen will be granted Licensee to
to such persons of certified good character as the S^^tSi"^*^
Shipping Master may deem fit to receive them,

but not more that three such persons will receive
licenses for the port of Rangoon.' Two sureties
in the sum of rupees 250 will be furnished by-
each person before receiving a license. A fee of
rupees 10 will be paid for each license and such
licenses will cpntinue in force for (12) twelve
months only.

4. A fee of not more than one rupee will be F«e tobetakea
demanded from each man shipped, which sum shipped. ***™*'*
will be paid into the hands of the Shipping Mas*.

408

ter to be paid by him to the shipper as soon as the
vessel has left the port.

RULES AND REGULATIONS

F0& THE GUIDANCE Of THE HARBOUB MASTER

AND HIS ASSISTANTS.

Rangoon, June 1866.
Dntiei of Har. Thc Harbonr Master's duties will consist prin-

bour Maater. cipallj, aS folloWS :—

1st. — General supervision of his Assistants and
their work.

2nd. — Charge of all the buoys and marks in the
river and channel.

3rd. — Docking, and undocking, or placing on
and off the cradle, or hard, all vessels requiring it.

4th. — Instructing the Assistant and Extra As-
sistant Harbour Masters in their duties, and seeing
that they keep the correct line of mooring, as
marked by the buoys and posts.

5th. — ^The Harbour Master and Deputy Har-
bour Master should moor all the larger vessels,
leaving the smaller ones to the Assistants.

6th. — ^The Harbour Master will have the ge-
neral direction of the working of his establishment.
It will be his duty to issue instructions to his
Assistants every evening for the work of the fol-
lowing day.

Every care must be taken that the first arrivals
are the first supplied with Harbour Master. The
want of this care was the cause of much com-
plaint last year.

409

. 7tfa.-^If the Harbour Master has cause to be
dissatisfied with the working of any of his Assis«
i^nts, he will report the same in writing to the
l&Iaster Attendant.

8th. — It will be the Harbour Master's particu-
lar care that the line of moorings between 21 and
22, opposite the Main wharf, and between 33 and
34, opposite Godwin^s wharf be kept clear. Siiould
any vessel be ancliored so as to swing with either
tide within the extreme limits of these liliefs, she
is to be at once removed.

It will eventually be the dutv of the Harbour
Master^s department to relieve the Pilots of steam-
ers when off DaneedaW Pagoda, and take them
alongside the wharves or into mooring between
the months of May and October. This will not
be till the establishment is in efficient working
order.

Purther instructions on this and other points
will be given, when reqiiired.

The Deputy Harbour Master will, in conjimc- Duties of i)epu-
tion with the Harbour Master, take every oppor- ^^^^ ^*~'
tunity to iiistruct the Assistant and Extra Assis-
tant Harbour Masters in their duty. They will,
during the present season, always take one of the
Assistants with them when they move a vessel,
and report to me when they consider any of the
Assistants capable of mooring vessels by them-
selves.

It will be more particularly the duty of the
above officer to take vessels into tiioorings, leav-
ing the work of taking them out to the Assistant ;
but ill this and all other points, he must be guided
by the exigencies of the case.

It is better a vessel just entering should be
detained than one on the point of leaving.

z z

410

The Deputy will arrange a time with the Har-
bour Master for every evening to recjeive instruc-*
tions for the following day's work.

DutiM of Anis- Assistant Harbour Masters will, for the present,
tmt^^Hftrbour ^q,.]^ ^^j^ jj^^ Harbour Master and Deputy Har«

boiir Master till reported competent to move ves-
sels in and out of moorings by themselves. They
will receive instructions every evening from the
Harbour Master for the following day's work.

Eztm ABBirtant Extra Asslstaut Harbour Masters will follow the
HarboorMarten. ^}^yQ instructions. Their duties, when reported

competent, will be principally confined to remove
ing vessels out of moorings.

BATES OF STEAM HlUE PES i)AT.

From 90 horse poorer to 120

Erom 60 hone power to 90

With additional charge of"
For back steam

» • • » • •

••• ••• »••

... ss. 800
» 200

• • • •••

.Ji

100

jfeULBS FOE SIGNALS.

No. 1. — ^Xstinffuishing pendant white with 1 ;D>«db fttfi^
recL Dau^ ... ... ... ,.« ■••!

No. 2. — Blue with white ball, Sea steamer.

No. 2. — ^Blue with white ball and telegraph *) Mail steamer

or red, white, and bltie flag, ... J j&6m Calcutta.

No. 2. — ^Distinguishing pendant blue with") -Ar -i ^

white baH and rendezvous or [ ^^^ steAmer

white bail and rendezvous or > - ^rl' '''T^r
bltte and whke checquered flag, ) ^^^ Maulmam.

No. 8.— Distinguishing pendant red with | Sea steamer
Whitehall, J from Madras.

Ball on yard arm,
Cylinder on arm,
Cone on arm.
Cross on arm,

Ship.

Barque.

Brig.

Schr. or Junfc

Signals denoting arrival of steamers will be
JLoisteu on the wesrtem yard arm.

411

SIGNAL GUNS.

TdAiL from Calovtta.— -By two gunn firod in ^uick succesnon

from the Main wharf when the steam-
er has passed the Hastings shoaL

Mail from Mavlmaht. — By one gun fired from the same place

when the steamer has passed the
Hastings shoal.

Mail from 'il^I)lUA.^BJ three guns.

ACT No, XXV OF I860.

Passed by the Zegiialative Cotmcil of Indiaf
(received the assent of the Governor General on
the 2Srd May 1860^)

AN ACT FOB, THE IJBVY OP PORT BUBS IN TAB

POET OP BASSEIN.

Wh^eas it is iveoessary to fix tho amount of the preambu^
port dues to. be hereafter levied arud taken in th^
port of Basseui in s^^cordaoiee witl^ the provisions
pf Act XXII of 186& : It is enacted as follows :—

1 . A pprt due at 9^ rate not exceeding the rate of ^?^ ^^^ chM«6-
four annas for every ton of burden shall be charge- veweL^of tentraS
able in respect of every sea-going vessel of the J^^^pJ"^^®^'
burden of ten, tons, 9;nd upi^^ards whi<oh shall enter ^ ^ ^ *
the said port^

2. When any vessel enters the said port, being- R^te of port
driven in by stress of weather, or in consequence compelled'" by
of haying sustained any damage, or for any other stress o* weather
reason, but does not discharge or take in any^®"**'^*^
cargo or passenger therein (with the exception of

such u^-shipmen^t and re-shipment as may be
necessary for the purpose of repair,) the port due
charg^ble in respect of such vessel shall be ait a
rate eqpial to on& half th^ rate ohargeable in re-
spect of other vessels.

3. Provided that when a»y vessel having left ^^'^ ^^\\A
the said port i3 compelled to re-enter it by stress w BtrewTS^ea-
of weather, or in consequence of having sustained ^«^ ^ re-«it«t
any damage, no port due shall be .chargieable m ^

resp^t of such yess?L

412

^the^*^ dm **" ^^ vessel shall be required to pay the port
^ner^tfui onoe due chai^eable under this Act oftener than once

in sixty days. jj^ ^^j ^g^yg

commenoement 5. Thig Act shall commence and hare eflPect

fi;oni and after the Ist day of August 1860 ; and

Bates of port ^be local d^ovemment shall on or before that date,

^he^ ^ ^"^* pursuant to section 42 Act XXII of 1856, declare,

by notification to be published in the Calcutta

gazette, rates at which port dues shall be levied

in the said port, subject to the provisions of and

Ko port due to withiu the limits prescribed by this Act : and from

wdirAcL**'*^ and after the said date no port due sliall be levied

i^t the said pQrt except under the authority of Act
XXII of 18^3 and of this Act.

Aot to be read 6. This Act shall be read with and taken as a
xxEfof 185& *^ part of Aqt XXII of 1855.

MARINE NOTIFICATION.

The flag-staff formerly at Dalhousie (which
place has been entirely given up as a pilot star
tion) has been erected on the S. E. point of
Haingyeei or Negr^is island, and the following
revised directio^s for entering the Bassein river
are consequently published : — ^

SAILING DIRECTIONS

t ...

FOE ENTEBINO ^H^p: %19SEIK BIVER.

1. Strangers should not attempt the passage
to the westward of Negrais island.

2. Vessels coining from the southward should
bring Diamond island to bear N. W. then steer
for it imtil the fair way buoy, which is situated
1| mile N. E. of the island, is visible ; when near
the fair way buoy bring the flag-staff on the S.
E. point of Haingyee on or a little shut in with
the north east point of that island which will

413

place a sMp nearly in mid-channel, she should
then steer up the channel keeping these marks un-
till Pagoda point bears west (true) when she must
haul more to the eastward, passing the flag-staff
point about half a mile distant in about from 8 to
10 fathoms, when abreast of the flag-staff a ves-
sel should not haul more to the northward or
bring the flag-staff point to bear to the south-
ward of S. W, ^ W. (true) until she has made
rather better than half the distance between the
flag-staff point and the north point of Haingyee ;
this is necessary to avoid a ridge of rocks, visible
at low-water spring tides, that run out from the
island and extend somewhat beyond a line drawn
firom point to point of the island, she may then
haul in gradually and anchor in under the high
land, with north point of the island bearing about
N. W. by N, in 8 or 6 fathoms mud where in the
south west monsoons smoother water will be
found than higher up off Dalhousie.

It is here remarked that the centre of Diamond
island kept on the line of bearing S. 29 W. or S.
W. by S. i 8., nearly, will carry a vessel up nearly
as far as Dalhousie point clear of all dangers.
Commanders of vessels are also informed of the
necessity of paying careful attention to the set of
the tides between Diamond island and Orestes
shoal, they run near east and west and do not
take the course of the river until they reach above
the black buoy.

3. Vessels entering from the westwaM in la-
titude north of Diamond island should bring it to
bear S. E. ; steer in for it until the fair way buoy
is made, then proceed as above directed for vessels
entering from the southward. This passage how-
ever should be attempted by sailing vessels only
in the north east monsoon.

4. Vessels unable from stress of weather to
distinguish the different marks should anchor

414

under Distmond island, where good anchorage and
smooth water is to be found.

The best and safest anchorage during the south
west monsoon is with the north end of tt^e island
beanng W, ^ N, afli^ dx^i^t o.ne mile.

5. Pilots are usually to be }iad at or near
Diamond island, should q. pilot bp on shore there
when a vessel is. seen approaching, a pilot jack
will be hoisted ^t the fla?ist liead ($ the flag-staff
erected on the island. Put vessels not finding
one, and being p^vided with Jiieutenant Ward's
chart, need h^ve no hesitation in coming in as
ifar as the north end of Haingyee ; should a pilot
be at Haingyee the pilot jack will be hpisted at
^he flag-sta& ^xeoted on that island.

6. Buoys,

A first class red buoy marks tlie extreigie south
^Sid of the Orestes shoal.

A first class red buoy n:\ark8 the eststern limit
4Qf the Orestes shoal,

A first olass black buoy masks the extreme
edge of the shoal extending from Porian shore.

A first class red buoy marked P. W. in white
letters is placed 1^ miles iiorth east of Diamondt
island.

A small red buoy marks the extreme northern
limit of the shoal extending off the north esijSt end
of Saingyee.

7. The shoal extending south of Haingyee is
called the Orestes shoal, and that extending firom
Forian shore westward is called the Porian.

The sailing directions from Dalhpuise or J^e*
grais island to Bassein remain unchangedt

416
SAILING DIRECTIONS

TBOM DALHOUSIE OB. KEGEAIS ISLAND

TO BASSEIK.

A vessel should proceed up the river ahout half
h mile from the shore, until up to Tea Jonef
creek, from thence she should sheer over to eastern
hank gradually until the hlack buoy on the south
end of the ridge shoal is seen^ which is to be pass-*
ed, keeping it on the port hand about two cables'
length, and keep on tlie eastern bank until after
passing the red and white buoys, in the same
manner as the black ; then stand up mid-channel^
passing the Sesostris rocks which are buoyed with
a red Duoy. The rocks lie in shore of the buoy.
Keep on tnid-channel imtil close up to Enter«
prize island, taking care to give the spit a berth
that extends a little way down from the south
end of tlie island. There is a passage on each
side of the island, one to the east and one to the
west< The passage to the left is preferable for a
ship of light draft, as it is wide and there is more
room to work.

The ptosage to the eastward is taken by vessels
of large draft. Vessels should keep close to the
eastern shore in order to avoid the Pariah rock.

In sailing up the passage left of Enterprize
island, care must be taken not to approach too
close to the spit thset extends north of the island.
Proceed up as far as the village of Toman Dewa,
that lies in a creek on the port hand ; then steer
across to eastern bank between the r^ buoys and
Elephant island^ going nearer to the island than
the buoy, until you get into 7 fathoms ; then
steer up on the eastern shore, until abreast of the
Pamav^die river ; from this steer over towards
Ashby rocks^ buoy giving the Cockatoo rocks a
berth of at le^t two cables' length. These rockB*

are seen above water^ except at spring tides^ when^

they are covered. There are three patches ; twdi

of them show above water half ebb to half flood ;

one is sunken, and extends to 138 yards outside

the others ; the least tmter on it at dead low water

spring tide is 16 feet. Keep the port shore until

you reach the second creek, when the channel be--

comes much wider.

•
The jundion is §o bailed froin being at the

top or north end of Napoota Beach, where two*

branches of the river mefet, the one firom the east

being the tray to Basseili.

At Napoota Beach you may steer up imtil ap^
proaching the junction, where, on the eastern
shore, a tiiud bank extends a quarter of a cabie'9
length fi^m the bushes ; there is also a bank ex^
tending from the port side. These can be avoid-
ed by keeping in nearly mid-channel. In the
third reach there is a bank of mud which will be
known by ib white board in the bushes. On the
port hand this shoal extends nearly half way over,
and the whole length of the reach in which it is^
so that vessels must keep the starboard bank go-*
ing up, and vice versa coming down. Th« re-
mainder of the passage upwards is without danger
and easy of navigation^

There is deep water close to the bank, and the
ground chiefly very soft mud. Vessels should
have a small warp anchor in readiness to run out
if required, and should use a light working anchor
for dropping ; this will relieve the crew of a quan-
tity of labor.

Vessels should shew their nufnber before arriv-
ing at the village of Takion, and masters should
report their arrival at the Master Attendant's
office and Custom house as soon as possible.

•«•

417

NOTIFICATION.

10th September 1859.

With the sanction of the Governor Greneral of
India in Council, it is hereby declared that the
port of Bassein and the navigable river and chan-
nels leading to the port are subject to Apt XXII
of 1855.

Tlie limits of the said port of Bassein are as

follows : Limits of p«rt

To the north. — A lirie dittwn N. E. from south °
side of Kyouk-choung-gyed cfeek through Shoay
Mein-den pagoda.

To the south. — A line drawn frdni the soutU
bank of the Pamawaddie river N. W. through
Ashby rocks.

To the east and west. — So much of the Bassein
river within the atjove limits arid the shores there-
of as are within fifty yards of high- water mark,
spring tides.

The limits of the navigable river and cliannels Limits of water
leading to the said port made subject to the said J^g^tS^c^to!"'
Act are as follows ! —

To the north. — The port of Bjissein as above de-
fined.

Td ilie south. — A line drawn east and west
through Parian point to south . end of Diamond
island, and froni thence N. N. W. through Pagoda
point. All parts of the Bassein river between the
said limits, and below high-water line at spring
tides, are subject to this Act.

ALGUADA EEEF LIGHT HOUSE.

A first class revolving light was exhibited for . Aiguada reef
the first time from the Alguada reei^, in the bay ^^^^^
of Bengal, on the night of the 23rd April 1865^
and will continue td be shown froni that date.

• > • Art

41S

The light, which is 144 feet above high-watei^
mark, attains its greatest brilliancy once a minute;
and is visible, in clear weather, 20 nautical miles
from the poop of a la^e ship.

Cape N^rais bears from the Light house
N. i W. llie pagoda on Pagoda point — 'N. | E;
Forian point N. E. by IS. The centre of Diamond
island N. N. E.

Vessels ^ppr(dU;hiiig tke Al^uadil rbef will stUI
find it necessi^ to hd carefuL The tides when
uninfluenced bjr the wind, set across the reef,
and with a g;dod de&l of strength between the
reef and the Fht^tbn shoU; Vessels therefore
should not come under 20 frithoilis, on the north-
western side, as the water shoals suddenly on
this side> especially towards the south-direst part
of the rocksa

Fifteen fatkohis inll hb & skfe depth to pass
in, on tlie southern and eastern sides.

There is li good channel to tlie north Of the
reef, between it and the FhsBton shoal ; btit the
navigation must always be attended with some
risk, to those unacquainted Irith it, there being
no plain marks that can be specified as a safe
and su*e guide through^ Should, however, cir-
cumstances compel a vessel tof go through the
northern channel, it trill be #ell to botrow on
the Alguada teef dide^ passing about half a mUe
distant fronf tlie iibrth-easteit^Qinost visible rock,
and n()t coming under 11 fathoms. Should it be
high-water the breakers will show the rocks.

On the eastern side of tie reef Vessels may
know they We clear of dtoger by Iceepihg the
liighland of Heingyee (or Negrais island) well
Open to the eastward of Bi^iitiiond island.

419

DOUBLE ISLAND LIGHT HOUSE.

Notice is hereby given that a light has been . Double uu^d
established on Double island in the gulf of Mar- ^^^^
taban, bay o{ Bengal.

The ligh|t wa,s %st exhibited on the 4th of
December. 1866, anid wHl continue to be shewn
hence foPwa;rd, wgkUj, from, sun-set to sun-rise.

The U^ is a fipat qlass fi;£ed djioptric light, and jj9***~**'" ^'
is risibla ];a clear weather aboyjt 19 nautic^ miles ^*'
from thp. deok of a^ lai^e ship*. It shows through
an ang^^e of 1,64 "^^ 30' iUmq^ting the western
hori:;pp. 9nd i/9 out off o]i tTi^o bearings, respective-
ly N. N. W. apd S. * E.. from the light house,
the fbn^der. passing, one and a half miles clear of
the Patch buoy o^^^^erst to the west, and the
latter o^Q.^nd a, quarter miles clear of Callagouk
island also, to, t^e. west; an isolated beam of light
shows from t^Q Patch buoy easti^ard as far as
Amherst, ppjut^,

Amhetst ppint b^an. front tha light N. f W.
Patch buoy K. Ijy W/. ^ W,: Cajiagouk island
(W, point) S. by E.

Double island is in latitude 15^ 52' 30'* N.;
longitude 97^ 36' 30''E. Vessels after making the
light should endeavour to keep it between the
bearings of S. E. and N . E., paying particular atten-
tion to the state of the tides, as they run on the
springs about 6 knots an hour parallel wi^h the .
coast ; vessels standing in too close to the laud will
lose the light altogether, but so long as the light
is kept in sight they will be in no danger until
they are ten miles to the northward of it, when ,
they will be approaching the Gkx)dwin sands,
where the tides set very strong. The anchoring
ground in the vicinity of Double island is very
good — ^but of course on account of the strength
of the tides vessels should avoid as much as possi-
ble the rUk of anchoring in such deep water.

420

NOTIFICATION.

The 19th Octoher 1857.

With the sanction of the Governor General of
India in Council, it is hereby declared that the
port of Maulmain, and the navigable river and
channels leading to that port, are subject to Act
XXII of 1855.

The limits of the said port of Maulmain are as
follows : —

To the north. — A line drawn across the Salween
river from the great Martaban pagoda to the
boundary pillar at the junction of the Attaran and
Salween rivers.

To the south. — A line drawn fron the boundarv
pillar at the mouth of the Kyouktan creek to the
boundary pillar oh the island of Beeloogyoon,
immediately opposite. So much of the Martaban
branch of the Salween river as lies to the east of
a line drawn from the great Martaban pagoda to
the boundary pillar on the north-east comer of
the island of Beeloogyoon*

The limits of the said port include to the east
and west, so much of the river Salween and of
the shores thereof, as are within 50 yards of high-
water mark, spring tides.

The limits of the navigable river and channels
leading to the said port of Maulmain made sub-
ject to the said Act are as follows :—

To the north. — The port of Maulmain as above
defined.

, To the south. — A line drawn from Double island
to the western shore of Beeloogyoon.

12th AprU 1866.

Notice is hereby given, that the Governor
General in Council has sanctioned the following
alten^tion in the limits of the navigable river and

421

ehannols leading to the ports of Rangoon and
Maulmain : —

Within the space described by 16^ of north
latitude as the southern boundary, and north of
t hat degree to the coast within cast longitude 96 ^
and east longitude 97 ° 35".

RULES AND RATES OP HIRE

FOR BOATS, FROM MAIN WHARP, KALADAN MUS-
JEED, KYKEPENAY PAGODA, OOLOOBEING's
WHARF, AND MYANGOON BAZAArI

The various Police regulations concerning hack ^^^^*^ ^^^^^
boats in the port of Maulmain, having been
collected together and revised, are puhlished for
general information. Tables of the rates of hire
recognized hy the Magistrate will he puhUshed
as soon as prepared, and a copy will be suspended
at each of the usual resorts of hack boats. These
regulations do not apply to cargo boats, for which
a separate code is in preparation.

No boat to ply for hire within the port of Maul- , Each boat *«

1 'J. J JT ji-j.i_ -iJT • be registeped and

mam, unless registered and ucensed by the Magis- uceaSed.
trate. If the boat be sold, fresh registry and
license must be had.

2. Each boat will bear its number in a con- ^ttmber necca*
spicuous place, the number of its crew, and the

number of persons it may carry.

3. The owner will be held answerable for the ^^^^ "^^^^
conduct of his crew, that his boat be kept clean

and serviceable, that any accident happening to
crew or passengers is duly reported, and that any
property forgotten in the boat is at once delivered
up, either to the owner or at the Police office.

4. The owner is bound to let his boat (if at i>«tie8 of owner.
or near any public landing-place) on hire, on fare

422

being tendered, to proceed to any place within
one tide^ at all times, weather permitting.; but it
will be optional with the owner to. hii^. Ibis boat
beyond Natmoo, firom Ist April to, 31st October.
The Magistrate will fix plaoes ajt which boats may
be hauled up, when the ownen, are unable or un-
willing to ply then\.

Faes. 5. A fee of one ny^ee, and no mwe, to,be.paid

on each r^istry, ^'hich must be ren.en|^ed yearly.

Bjitct. 6. Table of rates, of ^^^ which, the Dd^agis-

trate recognizes as rec^onable, will be hung up at
each principal l^pding-plaoe. The r%tes ifill be
liable to revision should experience |)rove them in
any case to be unfair.

7. Breach of these vul^s will lender the of-
fender liable to a fine, which may extend to fifty
rupees, or two n^o^jtl^s^ iniprispnmeAt,

423

RATES of HIRE for BOATS plying from MAIN WHAKF, carryiDg
ONE PASSENGER to and from the midenneiitioiicd places, (stay-
ing half an hcmr at the place, if within the limits of town,) with
a reasonable quantity of baggage.

NAMES or PLACES.

Boats with

i3 "Si

^|s!iS|a|c|:i| i \i

WITHIN THE LIMITS Ot THS TOWK.

1 The steamer,

2 Exchange bazaar,

3 Main or bi^ bazaar,

4 Battery pomt,

5 Kykepenay p«god%

6 Timber bond station^ Diole-woDii-quiD^

7 Nyoung-been-ieak.
S Nantay,
9 MyangooD Kattar^

10 A&oonwoon^s wharf^

1 1 Ooloobein|['8 wharf,

12 Moangao bazaar^

13 Mackey k Co/s yaH

14 VxMiliisp^
\5 Gardner^ Brook«f k Co/s attw mlDy

16 Todd, FiiidlAy k Ca's do.

17 Captain I^rste^s ytfd^

18 Miller and J^ttdlflEian's yard#

19 Kyoukton^
Detention bejond llalf an loar, per kout

or part of Ittk lKmr»

1
2

34
54
71

2|
2i

4
4|

1
1

%
3
3

4
2
3
4
6
6
8
9
12

4
4

1
1
1

4
4
4
6
10

3
6

3
12

1 8
2

2 3|
6
3

12
1

1|
1- 4

^3
I 3

1
1

2
2

1
1
2
2
2
3
3
3

Baffihe aba&e rates to oo oii^y,- having the fare,

N. B.— BoHts engs^ged after 9 p.m. and before giw fire a. m. to b«
charged for at half more than the above rates.

BoaU engagbd per day^

per day i
hal/dayf

OUT OF Hilt LIMITS Ot THE TOWN/

1 Donn^yat,-

2 Maunme or KnlWeey Returning wlt^
the flood tidoj

3 Daray, y,

4 Martaban,

5 Kautoon, rettmnng witli ebb tide,

6 Kadoe, y, y,

7 Zathabain^ y^ „

8 Damathaty „ ,,

9 Natmoo, riBttaiing with the flood tidi^;

10 Halfway creek,-

11 Fishing viliaige,
Amherst — to go (fidyi
BHuming with sione passenger by second

flood tide,'

*»

»»

»♦

>»

«»

»f

>»

8* *

Itf

•

421

r.ATES of HIRE for BOATS plying from KAL.\DAN MTSJEEP^
carrying ONE PASSENGER to and from the ttndermentioD««]
places, (staying half an boor at the place, if within the limits of
town,) with a reasonable quantity of baggage.

BOAT» WITH

XAMEd or PLACES.

WITHIX THE LIMITS OW THE TOWN.

4
5

1
14

24
3

2
3

4
6
6

10
12
12
1

1 41
1 4
1 8^

^\
12! 1

II 4 1

i; 8 2

I
1
1
1

12^ 1
14* 1
1

6
6

8
8

1
1
2
2
2

Battery point,

Kykepenay pagofla.

Timber bond station, Dine-woon-quin,

Nyouog-been-zeik^

Nantay,

6 Main or big baxaar,

7 Exchange bazaar,

8 Main wharf,

9 Myangoon bazaar,

10 Akoonwoon*8 wharf,

11 Ooloobeing*8 wharf,

12 Moungan baz.'uu*,

13 Mackey k Co/s yard,

14 Coaldopdt, .

15 Gardner, Brooke k ("o/s saw mill, ..

16 Todd, Findlay & Co/s da

17 Oaptain Lv8ter^.8 yard,

1 8 M iller anil Buchanan's yard,

19 Kyouktan,
Detention beyond half an hotir, per hour

or ijart of an hotir,

Jfa/fthi above rates to oo only, leaving the fare,

N. B.— Boats engaged after 9 p.bl, and before gun fire a. M. to be
Charged for at half more tlian the above rates.

Boats engage/l per day.

61
8

4'
4
4
8

8
8

1
2

♦>i

-»

1
1
2

2
2
2

2
3
3
3
3
3

»>

per day,
half day.

OUT OF THE LIMITS OP THE TOWN.

1 Kautoon, returning with the ebb tide,

2 Kadoe,

3 Zathabain,

4 Damathat,'

5 Martaban,

6 Doun^^yat,

7 Maunme or Kill wee, rctumiDg* witK
the flood tide,'

9 Daray,
9 Natmoo,

10 Halfway creek,

1 1 Fishing village,
Amherst —to no only,
Rrtiirninff with same passenger by second

flood tide.

12?

-•

112 1

4
2

6
3

8
4

425

R^\TES ot HIRE for BOATS plying from KYKEPENAY PAGODA,
canying OKB PASSENGER to and from the nndennentioned
places (atayiiig half an honr at the place, if withm the limits of the
town,) with a reasonable quaattt; of baggage.

Boats with

NAMES OF PLACES.

^|ti|a|^|7

J_J\^

WITHIN THB LIMITS OF THB TOW!..

3 Nyoung-been-zeik,

2 6

3 Nantay;

4 Battery poiot.

5 Main or W bazaar,

6 Exchanga bazaar,
; Main wlarf.

8 Myaagoon bazaar,
3 AiooDwoon's wharf.

21
3

12
12

2 e

It Moui.g«l. bazaar.

12 Maokey k Co.'. yard.

13 Coal depflt.

14 Gardner, Brooke t Ca'a saw mill, .

15 Todd, Findlay ft Co. 'a do.

IG Captain Lyater'i yard,

17 Miiler and Buchanan', yard.

3
3

IS Kyouktan,

6ii

or part of an hour,

Ilaffthe aboBe rata to oo only, leaving Che/are.
N. R — Boat, engaged after 9 P. H. aad before giio firo &. a,
charged far at half more than the above rates.
Baals atgOQtd per dag, per day,
half dag,

1 ZatbabftiD,retuniiiigwiththcebbtide,

with

3 Kiuloe,

4 Kautoon, „

5 Murtaban, „
fi Doimgnyirt, „

7 Mauoine or Kulwee,
the flood tide,

8 Daray, „

9 Natmoo, „

10 Halfway crock, ,,

1 1 Fiahing village, „
Ainhtrrt — to go onlg,
RHamroif with same passenger by Kcond

Hood tide.

2 8

3
1

4l
1

I''

■1

1 t

:■

4
2

426

RATES of HIBE for BOATS plying from OOLOOBBINCS WHARF,
canying ONE PASSENGER to and from the undeniieiitioned places,
(ataying half ao hoar at the place^ if within the limita of the town,>
with a reasonable quantity of baggage.

NAMES or PLAGES.

8
I

Boats with

•a

3 ^

f! 3 e 3 e 3 e Isii.

WITHIK m LIMITS OF THS TOWN.

1 Akoonwoon'a whad^

2 Myangoon baaar,

3 Main wharf,

4 Exchange bazaar,
6 Bifain or big bazaar^

6 Battery point,

7 Kykepcnay pagoda,

8 Timber bond station, Dine-lroon-qtun,

9 Nyoung-been-aeik,

10 Nantay^

11 Motmgan basaar,

12 Mackey & Ca's yard,

13 Coal depdt,

14 Oardneri Brooke & Go. 'a 8*# mill,

15 Todd, Findlay & Co. 'a do.

16 Captain Ljrster's yard,

17 Miller and Bnehaaan's yard^

18 Kyooktan^
Detention beyond half an hour, per hour

or part of an hoar,

HaHfUie abofve raJtu to oo ON/y, leaving the fare,

N. B. — Boats engaged after 9 p.m. and before gun fire A.M.
charged for at half more than the above rates.

. 1

. 44

• 8i

. 1

• IJ

«i

. a

• 34

•

£oat$ engaged per dajf^

per day ^
half day.

tt
t*

Ol7T OF THS LIMITS OF THE TOWN.

1 Doungnyat,

2 Maunine or Knlwee, retnming with'
the flood tide,

3 Daray,

4 Martaban,

5 Kautoon, returning with the ebb tide,

6 Kadoe,

7 Zathabain,

8 Damathat,

9 Natmoo, returning with the flood tide,

10 Halfway ereek,

11 Fishing vOlage,
Amherst — to go oily^
Returning with same passenger by second

flood tide,

to be

4
2

6
3

8
4

427

BATES of EIKE for BOATS plying bom AKOONWOON'S WHABF,
c&rtyiiig ONE PA3SEN0EE to aad fnun the undennentianed
plwMa, {«t»yiDg luJf Ml hour at the pUce, if within the limita of
the town,) with ■ reuon»ble qntuitity of baggage.

NAMES or PLACE&

wimiH TUB umrB op ths Town.

1 iija^agaon basaar,

2 Main wh&rf,

3 Etchaa^ bazaar,

4 Hain or big bazaar,

5 Battery point,

6 Kykep^y p»god»,

7 Timber bond station, Diae-woon-qnin,

8 Nyoung-been-zeik,

9 NanUr,

10 Ooloob^no'j wh^

11 Moungan. Dazaar,

12 Mw^ey ft Co. 'a yard,
13Coaldep»t^

14 Gardner, Brooke ft Co.'* uw mill, ..

15 Todd, Findlay ft Co. 'a do.

16 Captuii Lyater's yard,

17 Miller'and Bnchanap'a yarda
IS Kyoukton,
Detention beyond b^ as hour, per Aoyi

or part of an hoor.

Half lite dhoee mitt to oo only, Uan»g thejart.
N. B.— Boat! engaged after 9 p.x. and before gun file A.K.
charged for at half more th«n tk« above rates.

Soata €ng(tged ptr day,

*-'"- ■ ■ 11^ 2|

OUT or rHB LIHItS Of TBI TOWH.

1 Donngnyat,

2 Manome or Kulweo, retuniiBg with
the tlood tide,

3 Daray, „ „ „

4 Hart«ban,

5 Kautooo, retaming with ebb tide,

6 Kadoe, „ „ „

7 Zathabain, „ „ „

s uamatuat, „ „ „ ...

9 Nabaoo, returaing with the flood tide,

10 Halfway creek, „ „

11 Fiahhig village, „ „
Anherrt — to go only,

flood tide.

•■SI

428

RATES of HIRE for BOATS plying from MYANGOON BAZAAR,
carrying ONE PASSENGER to and from the undermentioned
places, (staying half an hour at the place, if within the limits of
the town,) with a reasonable quantity of baggage.

Boats

with

NAMES or PLACES.

•

■^

w 'S E

C 3

•

c i e

i':^

WITHIN THE LIMITS OP THB TOW^.

1 Main wharf.

2 Exchange bazaar.

3 Main or bi^ bazaar.

4 Battery pou)t,

6 Kykepenay pagoda,

2, a

6 Tunbcr bond station, Dine-woon-quin,

7 Nyoung-been-zeik,

9 Nantay,

9 Akoonwoon's wharf,

10 Ooloobeing's wharf,

11 Moungan Dazaar,

12 Mackey ft Co.'8 yard.

13 Coal depot,

14 Gardner, Brooke k Co.^s saw n^ill, ...

15 Todd, Findhiy & Co.'s da

16 Captain Lyster's yard,

17 Miller and Buchanan^s yard.

13 Kyouktan,

4 1

Detention beyond half an hour, pfr hour

or part of an hour,

Half the above rates to oo only, leaving the fare.

N. B. — Boats eogaged after 9 p.h., and befqre gon fixic>.M. to be
charged for at half more tl^ui the above rates.

Boats engaged per day^

per day f
half day y

out of thb limits of the towk.

1 Dounipyat,

2 Maunine or Kulwee, returning with
the flood tide,

3 Daray,

4 Martaban,

5 Kautoon, returning with the ebb tide,

6 Kadoe,

7 Zathabain,

8 Damathat,

9 Natmoo, returning with the flood tide,

10 Halfway creek, „ „

11 Fishing village, „ ,,
Amherst--to go only,
Rduming with same passenger by second

flood tide,

>»

»»

134

194

134

184

274

4
2

6
3

8
4

429
NOTIFICATIONS and ORDERS

HAVING EBFERENCE TO THE PORTS OF ARAKAN.

Bengal, No. 2538, 25th September 1856.

The Honorable the Lieutenant Governor of
Bengal is pleased to declare Akyab to be a port
of registry under Act X of 1841.

Bengal, No. 4530, 19th July 1859.

The Collector of customs at Akyab to be ex
officio Shipping Master at the port of Akyab,
under section 8 of Act I of 1859.

Bengal, No. 6686, 29th October 1859.

Under the provisions of section 5, Act XXI
of 1858, the following officers have been vested
with the powers to be exercised under that enact-
ment, viz : —

« « « «

Collector of customs, Akyab.

« « « «

The 21st November 1859.

It is hereby notified that according to the
provisions of section 11, Act XXI of 1858, the
Lieutenant Governor has appointed Calcutta,
Balasore, Chittagong and Akyab to be the ports
from which native passenger vessels, as described
in section 1 of the above Act, may proceed on a
voyage to any port or place in the Bed Sea or
Persian gulf.

As required by section 16 of the above Act,
it is hereby declared that the probable duration

of the voyage of native passenger ships from
Bengal to ports in Arabia and Persia shall be
reckoned as follows : —

Sekgai,^ 11th July 1860.

It is hereby, notified i^iat according to the pror
visions of Act XXV of 1869, the Lieiitenant Go-
vernor has appointed Calcutta and Chittagong in
Bengal and Akyab an4 KyoujE Phyo(>, in the ,
province of Aralum, as ports from whence native I
passengers can be embarked uppn or disembarked
from native vessels, imder licenses to cany more
passengers than one to every four ttms of burthen.

The foUowii^ officers, have been apppinted to
grant licenses to vessels under the. above Act,
and to perform such othe? duties as Collectors of
sea customs, or such other persons a^ the local
Grovemment may from time to time appoint for
the purpose — are by the above act authorized aocl
directed to perform.

The Master Attendant at Calcutta.

The Conservator of the port of Chitta^ng.

The Marine Assistant to the Commissioner at
Akyab.*
The Conservator of the port of Kyouk Phyoo.

* Hov styled the Muter Attendut at AkyA.

431

No license shall be granted under this Act^
except for vessels within the exceptions in section
2, until the vessel has been properly surveyed as
to her seaworthiness, and to her having the ne-
cessary number of boats, anchors and cables, and
instruments for the purpose of navigation, also as
to the space assigned for the accommodation of
jpassengers.

The following scale, according to which provi-
sions shall be furnished by vessels carrying pas-
sengers tiiider license as aforesaid, has been ap-
pointed Tinder section 7 of the said Act, by the
liieutenant Governor of Bengal.

FbB EAC^ ADtTLT PA88ENGBS ^££ m£M : —

Bice

...1

lb.

DboU

••• ••• •••

...3

oz.

23alt

••• ••• •••

...o

drms.

Turmerid

«•• ••• •••

• •.o

drms.

Onions

*•• •■• •••

...1

oz.

Chillies

••• ••• *■•

...2

drms.

Firewood

••• ••• •■•

...i

lb.

Water

••• ••• •••

...o

Qoarti

When the voyage is beyond fifteeii days then a!
reasonable supply of yams or punq)kins is to be
added.

Two children under ten years of age shafl be
counted as one pasiSenger in supplying the above
scale.

FOBM OP LICENSE

(License to convey native passengers under

Act XXV of 1859.)

The (sloop, brig or)

(Tindal, serang or nakhodah) having duly
complied with the regulations under above Act,
is hereby authorized and permitted to convey

432

(number*) native passengers (namesf as per an^
nexcd schedvde) firom to

Marine Assistant's Office t
The 186

Marine Assistant. %

SCHEDULE FORM.

ii-s

•

■ >

•- s

1-^

. >5

Jz;

Maiine Assistant's office^
The 186

Marine Assistant.^

Note. — In the case of vessels carrying passengers to Cey-
lon, or between Chittagong and any port or place on the
coast df Abakan, ii will be sufficient to insert the number,
and not the naaeies, of passeng^ft in colusm 5.

LIGHT HOUSE and BEACON

OFF THE COAST OP ABAKAN.

30th June 1863.

Savage light The fixcd light on the Savage island, at the
iouse. mouth of the Arakan river, is the only light at

present on the Arakan coast ; the latest and hest

* Number only from Cbittagong to Arakan.
+ Names from or to any more distant port.
t Now styled Master Attendant's OlEcc.
§ Now stylod Master Attendant.

433

idmiralty charts are therefore wrong in putting
I fixed light on the Terribles in lat. 10 ^ 23*
ong. 17 ^ • The light on the table land of the
^vestern Bolongo, having been placed as an expe-
'iment for 12 months, has been removed. The
imall table land as it is called, is formed by the
iops of trees a portion of which were cut away to
?rect the Light house ; the table is consequently
iestroyed. It may now be called the highest
part of the western Bolongo.

The red light on Fakeer point at the northern
entrance of the Arakan river has been disconti*
aued for many years-

A flag-staff beacon with ball at top^mast head
stands on Oyster island, height above the level
of the sea 82 feet, and bears from the Great Sa-
vage Light house N. 69, West, distantfe 21 miles.

No. 2I5 19th January 1864.

1. Inquiries in cases of wreck and casualty inquiries into
are ordinarily made agreeably to sections 100, "Siu^.' ''''^
101, and 102 of Act I of 1859, by two persons
specially named by the local Gavertunent to hold

the inyestigatiou.

2. Where time will not admit of notice being
gent to the local Govefnnient^ the principal
Court of ordinary criminal jurisdiction at a port,
will, under section 4 of Act XV of 1863, be the
proper authority before which such inquiries are
to be heldj

3- The principal Court of ordinary jtirisdic- Court of juria-
tian at and for the town and port of Akyab, is ^''^'''^
that of the town Magistrate for the time being.

4. But in any case which may occur it has
beexi ordered that it will be better, if possible, to
report the circumstances, in order that a Court
may be convened under the orders of the Su-
preme Govermeut.

c c

434
RULES

faltn;G EEFtRENCE TO FREIGHT bif PRtVATE
CAEGO CARRIED IN GOVERNBIENT VESSELS.

Dated Akyab, 2nd October 1863.

Ist. — ^THie conveyance of private cargo in any
of the vessds of Govelnixnent is strictly prohibited,
except in cas^d where its (tonveyance may be speci
ally orcleWd by competent Authority.

2nd. — ^Freight on private cargo is not to be levied
by the commander of a Governiiient vessel, unless
he be ordeted so to do by competent authority.

3rd. — ^Freight on cargo is not, Under any cir-
cumstances, to fonn part of th^ emoluments of
either commander or oflBcel'S of Government ves-
sels ; but is, wheildvei? it nlay be received by them,
to be considered as public mondy, and as sudli
made over to the officer of the department whose
duty it may be to l-eceiVe the same on account of
Government*

4th. — Coiiimanders of Govemmeht vessels are
required to make a special report of all private
cargo that may be received on board the vessel
imder their command, specifying the authority
under which it has been shipped, and whether or
not any freight has been levied upon it.

Regulations qf the poft of Akyab Under Act XXII

of 1S55.
Bengal, No. 604, 23rd October 1856.

"With the sanction of the Governor General of
India in Council, it is hereby declared that the
port of Akyab is subject to Act XXII of 1855.

The limits of the said port of Akyab are as fol-
lows : —

Boiiik, rpQ fj^ South* — A line drawn from the boundary

pillar on Fakeer^s point of the Great SavageLight

North.

435

house, from thence to the northernmost point of
Walekeon island, and from thence to the bound-
Dtry pillar on the north bank of the Toungpoo-
nrupit creek.

To the North. — ^A line drawn from the boundary-
pillar on the north; bank of the Mongie creek to
the boundary pillar on the north, bank of the
Toungpoomrit creek.

So much of the Cherogyah nullah as lies to
the eastward of a line drawn from the boundary
pillar at the eastern extremity of the GoyernijaLent
banks-hall to the boup.dary yilla»r on the opposite
side of the nullah, and so much of the Jullie
Khallie or Pytsick Keing as lies to the esistward'
of the Jullie KhalHe bridge.

The limits of the said port include^ all pierfij, Lunita.
jetties, landing-places, wharves, and quays, and
so much of the shore as is within 50 yard^ of Ijigh-.

PORT RULES.

With the sanction of the Governor Gfeneral ofi
India in Council the following port rules have
been made and are hereby promulgated, for general
information apd guidanqe : —

1 Vessels may enter^oir^gp.out. of the. porfc: S^^^Ss
of Akyab at ajiy houy oi the day or night, but the and departures of
masters of all vessels are to enter correctly in the.^®^^'*
columns of the report book of the Conservator
or such other* ofi&cer as the local Government
shall appoint, as soon as presented, the informa-.
tion therein required.

2. All vessels within the port of Akyab shall Berth of each,
be bound to take up such berth as may be ap-.^^nt!^ '^^°°'
pointed for them by the Conservator of the port or
such other officer as the local Government shall
appoint, and shall not change their berths or

13G

remove execpt bjr or with the permission of such

authority.

Reviwtion. of 3. ^1 vessels irithin the port of Akvab shall,

to be inrarUbiy on the requisition of the Conservator of the port ,

atteododto. or g^^|J Other officer as the local Government

shall appoint, jig in their jib and driver booms,
and shall strike their yards and masts if required
so to do by either of those officers.

4. Every ship or vessel within the port of
Akyab shall remove any anchor or spar or other
substance projecting from her side, when required
to do so by the Conservator of the port, or sueli
other officer as the local Government shaU ap-
point.

5. A free channel of 240 yards width is to be
kept for ships moving up or down the river
within the port, and also free passages to piers,
jetties, landing-places, wharves, quays, docks,
and moorings ; and all vessels shall be bound to
move when required to clear such channels or
passages.

6. All Vessels within the port of Akyab shall
anchor, moor, and unmoor when and where re-
quired by the Conservator of the port, or such other
officer as the local Government shall appoint.

7. All vessels Tfithin the port of Akyab shall
be moved or warped from place to place as requir-
ed by tiie Conservator of the port, or such other
officer as the local Government shall appoint;
and no vessel shall cast off a warp that has been
made fast to her to assist a vessel in moving with-
out being required so to do by the pilot or officer
in charge of the vessel moving.

8. No vessel shall use any of the Government
chain moorings, whether fixed or swinging, with-
out permission of the Conservator of the port, or
such other officer as the local Government shall
appoint.

437

9. All vessel^ occupying Government moor- ^ ^*J^* (^' e^^
ngs, fixed or swinging, simll be liable to pay for ment mooriugti.
.he same according to the fqllowing scale, and no
nore : —

F09 riXBI^ MOORINGS.

ill

11^

All vesaeli up to 199 tons, ...
Do. from 200 „ 299 „
IJO, ff oUO yy 399 ff
Do. „ 400 „ 499 „
Do. „ fiOO „ 699 ,.
Do. ,, 600 and upwards, ...
Swinging moorings,

per diem.
1 mpee.
2nipee8.

3 „

4 ,.
6 ..
6 »
3 „

per diem.

3 rupees.

4 „

6 „

7 „

4 „

10. All vessels within the limits of the port Lidits when
shall, when at anchor between sun-set and sun- UJo^^^ ^ ^
rise, have a good light hoisted at the starboard
fore-yard-arm ; and all vessels under weigh at
night shall show a good light at the fore-royal or
upper fore-mast-head ; and when under weigh in
tow of a steamer shall in addition to the mast-
head light show a good light at each fore-yard-
arm ; the steamer showing the usual lights pre-
scribed by the admiralty regulations.

The provisions of sections 28, 37, and 40, of
the said Act XXII of 1855 are hereby specially
extended to the port of Akyab.

Additional part rules far Akyah under
Act XXII qf 1855.
BENGAii, 17th December 1861.

In conformity with section 7 of Act XXII, of
1855, and with the sanction of the Governor Gen-
eral of India in Council, the following additional
rules for the port of Akyab are herewith promul-
gated for general information and guidance.

438

ecW^'a^To; .11; Every cargo or other boat plying for liiro
other i)oats. within the port of Akyab shall be bound to take

out a license i^ni^ually from the Conservator of
the port ; every licensed boat shall be numbered
and marked as piay be directed by the Conserva-
tor of the port, an(^ its. license shall be liable to
. withdrawal on its being prayed that it has in-
fringed th^ rules of the port.

12. No boat of less than eight tons burthen
shall be allowed to be employed in discharging
ballast, except under extraordinary circumstances
and with the special s?inction of the Conservator
of the port.

Regulationa of the port of Kyouk Fhyoo under

Act XXII of ISbb.

Bengal, No, 422, 24th October 1857.

With the sanction of the Governor General of

India in Council, it is hereby declared that the

port of Kyouk Phyoo ia subject to Act XXII of

1865.

Limits of port. The limits of the said port of Kyouk Phyoo

are as follows : —

^■*- To the East. — A line drawn from Volcano point

to the western end of Buffalo island, again from
a north-west point on that island to the south-
eastern point of Tankaro island.

North. To the North. — From the south-eastern point

of Tankaro island westward along the southern
side of that island to a fixed mark, thence to
the north-east point of the island of Lekgnyo-
gnon, and along its south-eastern shore to its
south-eastern point, thence again to the south-
eastern point of One Tree island.

West rpo the West. — A line drawn from the south-

eastern point of One Tree island to Deadman's
point.

439

To the South. — From Deadman's point easterly ^^^^•
along the Kyouk Phyoo beach up to Pregnph-
roomoh, from thence up the left bank of the Oon-
khyoung creek to a mark fixed above the salt
golahs, from thence to another mark fixed on the
opposite side of the creek, and from thence down
its right bank to Volcano point.

The limits of the said port include all piers,
jetties, landing-places, and so much of the shore
as is within 50 yards of high-water mark at
spring tides.

PORT RULES.

i. Vessels may enter or ffo out of the port of i^^oced^re. «■
Kyouk Phyoo at any hour of the day or night, and departures of
but the masters of all vessels are to enter cor- ^«8*«^-
rectly, in the columns X)f the report book of the
Conservator, or such other officer as the local
Government shall appoint, as soon as presented,
the information therein required.

2. All vessels within the port of Kyouk Phyoo Berth of each
shall be bound to take up such berth as may be a^^^d. ^^^"^
appointed for them by the Conservator of the

port, or such other officer as the local Grovem-
ment shall appoint, and shall not change their
berths or remove, except by or with permission of
such authority.

3. All vessels within the port of Kyouk Phyoo Requisitions of
shall, on the requisition of the Conservator of the to'b^'^^ariabiy
port, or such other officer as the local Govern- attended to.
nient shall appoint, rig in their jib and driver-
booms, and shall strike their yards and masts if

required so to do by either of those officers.

4. Every ship or vessel within the port of
Kyouk Phyoo shall remove any anchor or spar,
or other substance projecting from her side, when
required to do so by the Conservator of the port,
or such other officer as the local Government
shall appoint.

410

Kates for oc-
cupying Govern-
meat moorings;

5. A free channel of 240 yards ^i-idth is to h(^
kept for sliips moving up or down the river with-
in the port, and also free passage to piers, jetties,
landing-places, wharves, quays, docks, and moor-
ings ; and all vessels shall be bound to move when
required to clear such channels or passages.

6. All vessels within the port of Kyouk
Phyoo shall anchor, moor, and unmoor whenl
and where required by the Conservator of tho
port, or such other officer as the local Govern-
ment shall appoint.

7. All vessels within the port of Kyouk Phyoo
shall be moved or warped from place to place, as
required by the Cbnservator of the port or such
other officer as the local Government shall ap-
point ; and no vessel shall cast oS a warp that
has been made fast to her, to assist a vessel in
moving, without being required so to do by the
pilot or officer in charge of th6 vessels moving.

8. No vessel shall use aHy of the Government
chain moorings, whether fixed or swinging, with-
out permission of the Conservator of the port, or
such other officer as the local Government shall
appoint.

9. All vessels occupyfiigGovemment moorings,
fixed or swinging, shall be liable to pay foip the same
according to the following sca;le, and no more : —

¥0k FlxiD ftOOKlKGSL

m 2nd ]
the last
October.

I^o

per'didin.
1 rtf^e.

per dieil^l
3 rupees.

All vessels up to 199 t6iiB.«. ...

/,»

Do. from 200 ^, 299 /, ... ...

».'.'

2 rupees.

4 n

Do. „ 300,, 399 „

3 „

6 „

Do. „ 400 ,,499 „

4 „

6 „

Do. „ 500«, d99 ,

3 „

7 „

Do. ,, 600 ,, and upwards

6 .,

8 ,.

iSwingiu]^ mooringH

... 1 3 „

4 „

441

10. All vessels within the limits of the port ^^^J*^^^^ ^^^
shall, when at anchor between sunset and sunrise, shown.
liave a good light hoisted at the starboard fore-
yard-arm ; and all vessels under weigh at night
shall show a good light at the fore-royal or upper
fore-mast-head ; and when under weigh in tow of
a steamer shall in addition to the mast-head light,
sliow a good light at each fore-yard-arm ; the -
steamer showing the usual lights prescribed by the
admiralty regulations.

The provisions of sections 28, 37, and 40 of the
said Act XXII of 1855 are hereby specially ex-
tended to the port of Kyouk Phyoo.

Bengal, No. 514, 23rd December 1857.

In accordance with the provisions of section 5
Act XXXV of 1857, the Lieutenant Governor is
pleased to declare and publish for general informa-
tion the following table of rates at which port
dues shall be levied in the ports of * * *
Akyab and Kyouk Phyoo, from and after the 1st
of January 1858 : — .
Table of port dues leviable in the ports of * * ^

Akyab and Kyouk Fhyoo^ under Act XXXV

of 1857.

« « « « »

Akyab, sea-going vessels* of 10 tons and ") 4 annas for every
upwards, j ton of burthen.

Kyouk Phyoo, do. do. do. 4 auuas do. do.

No. 3, 20th June 1863.

With reference to port rule No. 11 of those for Boat hcense»
the port of Akyab, passed under the provisions of ^^^^^^^^.^
clause 11 of section 7 of Act XXII of 1855 (for iMAky^.) '
the regulation of ports and port dues) by which
rules are allowed to be made for regulating cargo
niul other boats plying for liire within port liiiiils,
it is h(Tel)v notified that secliou 23 of Act XLVIII
of 1860, "'amending section 78 of Act Xlll of

442

1856 is by order of the Chief Commissioner of
British Burma made applicable to the port of
Akyab. This is quoted below together with sec-
tions 79 and 80 of Act XIII in continuation of
the same.

The boat licenses however shall as directed in
port rules be granted by the Conservator of the:
port and not by the Police Magistrate.

ACT XLVIII OF 1860.

botetob^"*^^- Section 23. — ^No boat shall ply for passengers
ttred. '^^ in the port of Akyab unless duly registered at the

office of the Conservator of the port. The follow-
ing particulars shall be entered in the register : —

First. — ^Number of the boat.

Second. — Name and residence of the owner
and of the manjee.

Third/ — Number of the crew.

Fourth. — ^Number oft persons ttel feoat is per-
mitted to. carry.

RcgiBtration. The registration shrtll be in force for one yeary

and every change of the owner or manjee within
that time shall be thel^n noted.

A fee of one nipee shall be |^d cm registration.

Name of ownfcr The owucr or maujee of every such registered
bLr^?* to^ boat shtfll «ftuse to be painied on ft conspicuous
painted.' part of it, in the English and vernacular lan-

guages, the registered numfber thereof, the nimi-
ber of the crew and the number erf passengers
permitted to be cilBkrried^

Penalty. The owucr or manjee of a boat plying for pas-

sengers without being duly registered, or carry-
ing niore passengers, or with a less Ci-ew than is
stated in the register, or not having the prescribed
particulars panted on it, s&all be liable to a fine
not exceeding fifty rupees^r

443
ACT XIII OP 1856-

Section 79.— The Conservator of the port may The Conacrva-

n 1 - J 1^ J. 1 xu tor of the port

refuse to register any boat or may cancel the may refuae to

registration thereof whenever it may appear top^' '?°»*f«

i_»ji« n ± t boats or if reeu-

him to be m an unsafe state. tered may cimoei

ther^gistiy.

Section 80. — ^Whenever any accident shall oc- Penalty for ne-
cur to a registered boat, attended with loss of the ^Tto^report^-
lif e of any one of the crew or passengers, the ^t^t to a reaia-

• if 1^ • 1 1 /• _j i_ • i.1- «d boat attended

manjee or, if the manjee be not forthcoming, the with loaaof life.
owner of the boat shall report the circumstances
at the office of the Conservator of the port ; and
if the manjee or owner, as the case may be, with-
out lawful excuse, neglect or delay to make such
report, he shall be liable to a fine not exceeding
fifty rupees.

No. 7, 13th July 1863.

According to the Akyab port rule 6 J^ad© ^^^oJ^cS^^
under the provisions of section 7 of Act XXII of
1 855, the Conservator of the port notifies, as di-
rected by the Chief Commissioner of British Bur-
ma, that ships taking up a loading berth between
the following limits shall moor with two anchors,
viz : 30 fathoms on the ebb anchor, and 25 on the
flood anchor.

Southern limits of loading grov/nd.

North of a line drawn east from the Govern- Southern limits,
ment flag-staff.

Northern limits of loading groimd.

To south of a line drawn east from the north Northern limits,
bank of the Monghyine. This applies to the
Akyab side of the channel only.

Xo. 2273.
Fort AVilliam, IIome Departmext,

Tlic mil :Mareh 18GG.
XOTIFICATIOX.

NOTICE TO MARINERS.

Doubts having been expressed as to the ao
curacy of longitudes assigned to the Andaman
islands on the existing charts, notice is hereb\
given that the longitude of Chatliam island. Port
Blair has been recently determined to be 92 ^ 43
east of Greenwich, whereas in the chart of the
Andaman islands which is compiled from the
sun'eys of Lieut. Blair and Captain Moorson
in 1789-90, revised by Lieutenant Heathcote in
1853, it is assumed to be 92 ® 56\ The whok
jproup of islands is probably 13 miles west of the
position that has hitherto been accepted.

The recent determination of the position of
Chatham island is deduced from 202 obser\^ations
lunar zenith distance, and 29 culminations ol>-
served by IVIr. Nicolson, of the survey depart-
ment, with an alt-azimuth instrument, having a
vertical circle 36 inches in diameter. They wero
rednccd in the office of the great trigonometrical
survev of India.

415
SECTIOX II.— PILOTAGE,

R r L E S

FOR PI^^OT^ A^XP PIJ^OTAGE fOIi THE PORT OF

RANGOOX.

Dated 20th April 1865.

1. Licenses will be granted by the Master, i-iccnscs how
A^ttendant, under the authority of the Commis- "*"
•^ioner of Pegu, to all competent persons who may

\pply for the same, authorizing them to follow
Llie calling of a pilot for the port of Rangoon ;
and none but persons so licensed will be regarded
as duly qualified. A vessel moying in pilot wa-
ters either without a pilot or with an unlicensed
one on board, risks her insurance if the services of
i\ licensed pilot are available.

2. The qualifijCat^ons for a license are, (besides Qualifications
tx character for good conduct and sobriety) a know- ^^^ * J^^en*®-
ledge of general seam£|.nsl\ip, the capability of giv-
ing intelligible orders in the English language to

work a ship, and a competent acquaintance with
the Rangoon river and the channels leading there-
to.

3 . Candidates for the ofiice of pilot will forward Candidates how
their applications to the Master Attendant who ^ ^^^^ ^'

will submit the same to the Commissioner of
Pegu.

4. The Master Attendant under the orders of Committees how

ii /^ • . ' .n • J 'Aj^ ± nommated.

1 lie Commissioner will nominate a committee to
(»xamine the candidates, of which committee the
Master Attendant shall sit as president. The
members shall be two (or more if available) mas-
ters of vessels in the harbour, who may be willing
to give their services for the purpose, and one of
the full draft licensed pilots belonging to the port
of Rangoon.

446

Dauo^ ""^ ^^'''^'' Th^ candidates shall be questioned on the pilot J

age of the river and it^ approaches, and all ques^
tions and replies shall be reduced to writing by
the president of the committee, who should take
notice of any wrong or defective answer given
by the candidate, and remark on thp s^me hi the
form prescribed.

Certificate of 5. On a Candidate being reported qualifiedl

quahncation tor ji •ji j x^ j- i •

be granted. by the committec, and on the prooeedmgs bemg

confirmed by the Commissig^ner, he will receive ai
license numbered under the signature of the Mas-
ter Attendant, and the counter-signature of the
Conmiissioner of Pegu, in the form prescribed ; and
his admission on the roll of licensed pilots shall
be duly notified for public information in the
official gazette of the province. He w^ll then work
imder these rules.

Ships where to 6. The Ordinary place for a pilot to board or

leave a ship outside will be on a line drawn east
of the China Bukeer, and on bringing a ship and
mooring her in such part of the port as the Mas-
ter Attendant may direct, (or below the Hastings
shoal, should the commander wish to remain
there) he will have completed his. di^ty.

Pilot bripging 7. Any Hccnsed pilot tlu^t brings a vessel from
tied tT^tw^ sea to within the limits of the port is entitled to
pii^® i^ ^e w have the pilotage of such v^sel outward, if he is

available 24 hours^ previous to her departure.
This privilege will not be accorded to any pilot
who does not possess, or have a shjare in, or other-
wise have at his dxsposa;l, a yessel of a burden not
less than (45) forty-five tons, the said vessel to be
ordinarily on the pilot station, and to be, in the
opinion of the Master Attendant, seaworthy for
the south-west monsoon.

^'Id^ ^ *^ ^" ^^ P^^^* boats shall be licensed under certifi-
*^®^ cates granted by the Master Attendant and coun-

447

ersigned by the Commissioner, according to the
brm prescribed ; and no license shall be granted
;o any of less than 20 tons measurement. All
iucli boats are to be surveyed by the Master
Attendant and passed as seaworthy.

Pilots who do not own, or hare A shsLre in a
vessel of the above tonns^e^ shall hot be allowed
to take te&sels td sea where thei*eJ may be other
J)ilot8d.tailable for the duty; tut, eicept as provi-
ded in this rule, one lidensed pilot shall not ordi-
narily stiperdede toothei^ licensed pilot, unless
fiuch pilot is unable to proceed with his charge
from sidkness Di* fitom having an under draft li-
cense for outtt^ahi pilotage. Vessels will have
pilots appointed in regular twtn as they clear
through the customs and Master Attendant^ offlfee,
the first pilot that is available being appointed to
the first ship thdt has dleared out, and do on.

8; tltery pilot is required to produce his li- , ^^5?* ^ r™-

ff ■*■ -L X CIUC6 IIC6D86 Wll6Il

feense to the mastet of aiiy vessel requiring a required,
pilot. He is, when seeking to be enlployed, to fly
his pilot flag, whidi he is also to hbist in some
conspicuous place while in Charge tff any vessel.

The pilot flag is to be foiif feet square, red and ™^* ^^'
white, horizontal for European pilots and verti-
cal for native pilots, and the number of the li-
cense is to be shown on the flag in blue, in figures
of two feet in length.

9w It being' optional with the commander of a Optional with
vessel to take a pilot ot not, no vessel at sea need ^ ^ pUot^*' ^
be boarded unless the signal for a pilot be hoisted,
in which caste it is imperative for a pilot to pro-
ceed on board without delay.

In the event however of a pilot boarding a ship
with the signal for pilot flying, the pitot if not

418

under draft shall be entitled to his full pilotage
although the captain may afterwards bring in lii?
own ship, unless he can show sufficient cause foi
having dispensed with the pilot's services aftei
having demanded them by signal. This applies
to a vessel at sea only.

Pilot to attend iQ. A pilot is bouud to attend to the call ol

to call of QUksters iv i/» i- i •ij.i_

of shipB. the master of a ship, and any pilot who may re-

fuse or neglect to do so, or who being unengaged
passes an inward or outward bound vessel havini?
a signal for a pilot flying without boarding such
vessel, will be liable to such deprivation as is here-
inafter provided in these rules.

But pilots on the outer station who may he
disengaged will give preference to the followiuji;
vessels.

1. — n. M. men-of-war.

2. — Troop ships.

3. — Mail steamers.

mJ^X^*Vhi'^h ^^' ^^^ P^^^^ ^'^^ "^^y demand or receive a
cr^rato^ thau^ IS higher ratc of pilotage than he is entitled to uii-
sanctioued. ^j^j. thcsc rulcs, wiU 1x3 liable to such deprivatiun

as may be considered proper in his case, and as is

hereinafter provided.

Pilot leaving a 12. Anv pilot Icavi ng a sliip from any cause,
dutyis^rformJd (cxccpt a default on the pai"t of the sliip,*or with
to forfeit pUot- tlic master's consent,) before she has been taken
'^^^^ to sea or anchored in the river according to the

rules of the port, will not be entitled to any por-
tion of the pilotage, and any pilot leaving a ship
under his pilot charge, unless under a medical i
certificate or with the permission of the Master '
Attendant, will be liable to be suspended, or to
such other deprivation as may be considered })ro.
per in his case, and as is hereinafter provided iu
these rides.

449

13. ^o pilot is to take chaise of a ship, or^ ^** ■''* *"
move her within the port of Rangoon after she ship without or-
has once been moored, without the order of the ^^j^^^Jl^^
Master Attendant, which order is not transfera-
ble to any other pilot, without the sanction of the
Master Attendant. Any detention which may
occut in effecting this duty i^ to be reported to
the Master Attendant. The completion of the
duty should also be reported.

When a pilot is unable to take a vessel to whiclr
he may be appointed across the Hastings shoal,
for want of water or a fair wind, and the com-
mander refuses to take steanl, the pilot will re-
port the case to the Master Attendant in writing,
stating in how many days he co^sidCTs the ves-
sel can be safely taken over without steam aid.

The Master Attendant vnW then, if he considers
it necessary, remove the pilot and appoint him to
other work, atnd the vessel thus detained will have^
to wait until another pilot is available.

14* Pilots in bringing ships into port are to x^^J^^"^^^
pay the strictest attention to the directions of the pay rtnctwt at-
Master Attendant, as to the places where they ^^„^^^^ ^;
are to move ; and pilots shall report their arrival ter Attendant
on all occasions at the office of the Master Atten-
dant in person, within 12 hours after their arri-
val.

But when they may have to attend immediate-
ly to any other vessel, they are allowed instead
to sign their names in the port book as having
brought the vessel in. Pilots shall also report
their departure to proceed to the outer station,
where they are to report themselves to the officer
in charge of the Light vessel cither bj'^ signal or
in person.

15. Pilots will proceed to the outer pilot sta- piiota to pro-
tion when ordered by the Master Attendant, and f««<* to outer Bta-

., , , . • . , /Mi n 1 . • • tion when order

any pilot becoming sick or unfit for duty is im- ed.

I e

450

age.

mediately to forward a medical certificate to the
Master Attendant.

lute of pilot- 16. The rate of pilotage for vessels entering

is as follows, modified according to the situation
where the vessel is boarded, a^ hj her being
aided by steam, as herein set forth.

Vessels being towed by steamers will pay three-
fourths of the rate of pilotage.

Steamers drawing under 19 feet will pay hsJf
the rates. Those over that draft, three-fourths.

IRRAWADDY PILOTAGE CHARGEABLE ON VESSELS

DRAFT OF WATER.

Below and up to 9 feet,
Above 9 feet,, 10
10

»»

»>
»f

«f

t>
ti

i$
*f

T»
if

»•
«>

t»
>f
»>
»>
»»
f>
»»
f f
»»
*f
»»

»T
Jt
»f

»»

12
13
14
15
16
17
18
19
2*)
21
22
2.3

25
26

n
t*
*ff
»f

**
»»

Tf
»f
l»
♦ »
f «
»»
IT

iFCLL riLOT-
AGE.

•

: 1

i '^

RRMARKSw

105

120

140

160

180

2a5

230

260

300

375

550

30
36
43
51
60
75
90
106

lao

175

200

225

256/4

287/8

325

373

475

600

The piloti^ is divided into
fourths for the convenience of
charging intermediate or brok-
en pilotage, via: — from sea,
to placea short of Rangoon,
and fn>m and to intermediate
I^aces, and also for the pro-
portionate dednction beins
made when vessels are tng^
b^ steam any portion of the
distance. A table of rates
calculated on the foregoing is
siqiplied in the schednle (D).

The following shew thfe numher of fourths
chargeable between the several stations : —

INWARB PILOTAGE.

From sea Bonthward of the Light Tessel to a line east of the
^Inward pilot- Elepbant point, One quarter.

Do. to Bassein creek, ... ... One half.

Do. to Choky point,...
Do* to Rangoon,

Three quarters.
Full pilotage.

451

OTJTWABD PILOTAGE,

Prom Bangoon to Chokj point, .,, ...One quarter. Outward pflot«

age.

Do. to Bassein ereek, One half.

Do. to Elepliant point, Three quarters.

Do. to South of the Light ship, . . .Full pilotage.

17. Any pilot holding a Ucense who observes ^J^J^^Jli
any alteration in the position of the sands, or sands, chuineu.
channels, or if any buoys or beacons are driven *^*

out of their position or injured, shall, as soon as
prs^ticahle, report the same ii^ wriling to the
Master Attenc^ant^

18. Pilots who may ground v^sseb are to ^o* toTeport
report the occurrence to the Master Attendant in ySsselT^'^ "^ *
writing, with as little delay as possible, spedifying

the place and time, state of the weather, direc-
tion and force of the wind, time of tide, period on
shore, extent of damage, and every particular..
This report ia to be oectified by th^ ma3ter of the
vessel.

19. When anchors or cables are lost, the pilot wh^Ldi^^
in charge wiU report the occurrence in writing, cables are lost.
specifying time and place, particulars of size, and
quantity of chaiuj, si^e of ai¥shor,. if buoyed^ and

nearest be^rings^

20. The pilots are to pay the strictest atten-^J^»aity^oj<ii«'
tion to the orders of the Master Attendant ; and d/ew. *°^ **
for grounding a vessel or any other^ proved mis-i

conduct on board a vessd, whilst in {flotage
charge, or for any other neglect of any rule or
regulation of the port, or any instructions issued
with reference thereto by the Conservator of the
port, or any infringement of, or disobedi^cc of
these pilotage rules, a pilot may be temporarily
suspended by the Master Attendant, the circum-
stances of the case being fully reported to * the

proviso.

Procedure
suspeDBion,

Commissioner within 24 hours of such suspension,
and he may subsequently be deprived of his
license under the orders of the Commissioner.

Provided that in all cases where the pilot may
claim to pijt himself on his defence, the Master
Attendant, as above notexi, shall set forth the
same, and a pilot's court of inquiry will be direct-
ed by tl^e CqmmissiQner of Pegu, to assemble,
whereof ai^ European officer of the Commission,
or an Honorary Magistrate, und^r Qrppointment
pf the Copimissioner, shall be ex-officio the pre-
sident, and t^vp qr ipore, if availably, masters of
vessels in the harbour, and one or ipore licensed
pilots shall be the members — and the Master
Attendant shall cquduct the prosecution, but
shall not take any part in voting nor record his
opinion at the close of the inyestigation. The
Court thus constituted shall sin^ply examine
(without oath) s^nj person who nm,y be in attend-
ance for that purpose, recording their statement^
^nd the explansfrtion qr defence o.f the pilot, and
also the statements of such persons as he may
produce to clear himself, and shall, on the con-
clusion of the inquiry, submit its proceedings,
with the opinion of the members, to the Com-
missioner of Pegu. It will also, in recoirding its
opinion, note (where the pilot may be in fault,)
what deprivation it considers the said pilot should
be subjected to, a^d this shall be either confirmed
or modified by the Oonunissioner according to
the circumstances of the case. Provided that in
the case of diversity of opinion the Commissioner
may exercise his own judgment in the matter as
to the pilot being in fault or not, and order in his
case as he thinks fit.

2X. lu cases when pilots Bite, suspended from,
duty their licenses are to be delivered up to the
Master Attendant for the period of their suspen-.
9ion«

453

22. Licensed pilots shall for any proved mis- i'enaities for
X)nduct, disobedience, neglect or unskilf idness dwit ; disowien-
resulting in injury, in matters connected ^'ith J*^^^*^^^™^
tYieir professional work, be subject to the follow- with professional
LUg depriyatiQns by the order of the Commis- ^"^''^
sioner, either on the report of the Master Atten-
dant, or, in cases where the pilot claims to have
his conduct inquired into, on the proceedings of
ithe pilot's court of inquiry-r-that is to say, to

1. — ^Deprivation of license.

2. — E/cduction to J,-i,-or ^ pilotage fees for a
specified time, the remainder of the fees being
placed in a fund to be called the Rangoon pilots'
fund, regarding disbursements from which a se-
parate set of rules wiU be prepared.

3. — Reduction from full draft to limited draft
for a period of not less than one month and not
exceeding one year.

4. — Suspension of license for similar period.

In all cases where a pilot may be sentenced to
reduction to limited draft, or to suspension for
more than 6 months, he shall be required to ap-
pear before an examination cq^imittee before his
license is restored to him. And in i|.ll cases
where the same is specially provided in these
rules, or where any damage has resulted to a ves-
sel while in a pilot's charge, it shall also be com-
petent for the Commissioner at the recommend-
ation of the pilots' court of inquiry, or of the
Master Attendant, in pqssing an order of depri-
vation as before noted, to direct that the pilot
shall have no claim against the said vessel in
respect of any fees that would otherwise have
been claimable, and in the latter case any depo-
sit ia the Master Attendant's office of pilotage
fees made on account of the said vessel shall be
returned to the party depositing the ss^me.

i54

u. b^*kept ^"^''^ 23. A table showing the names of the licens-

ed pilots in the liarbour, with their respective:
drafts and numbers, is to be exhibited in the of-
fice of the ]Master Attendant for the information
of the public, according to the prescribed form.

A copy \iill also be posted in the office of the
Collector of pustoma, and any change amon^t
the pilots, either by t\\e admission of a new pilot
or by casualty, as also the fimU orders in the case
of any inquiry made into the conduct of any li-
censed pilot as herein before provided, shall be
duly notified in the provineial official gazette.

PILOTS* DEld^UBRAGS KULES*

.Two^yi* no- 24. Commaudcrs of vessels requiring a pilot
oe given. ^^^ ^ ^j^^ Written notice at the Master Attend-
ant's office, specifying the day and date on which
he will be rcqinredj two days previous to clearing
out.

Rate of demur- 25. If after a pllot h^s beea appointed, the
^^^ vessel shall not move on the day and date spe-

cified, the pilot having been in attendance, he
shall be entitled to sixteen (16) rupees as if the
duty had been performed, provided the detention
shall not have arisen from desertion of seamen,
wind and weather, or tide,, or any other cause
which could not have been foreseen.

Master to give 26. On any case of detention occurring with-
m^ntTfr^J!^ 1*1 the limits of the port, the commander will

make a written statement of the reason and deli-
ver it to the Master Attendant, stating whether
he requires the pilot's attendanee the- following
day or not.

Detention o f 27. Any pUot being detained on board a ves-
Sito of^p^^"* "" sel out of the limits of the port by the desertion

or misconduct of the seamen, or from any unfore-
seen casualty over which the commander could

liave no control, the pilot shall he hound to re-
main with the vessel without any extra remuner-
ation for the space of 24 hours, after wliich,
sliould the detention continue, the commander
of the vessel will pay sixteen (16) rupees for
every day of his detention, failing which the
pilot may leave after 24 hours have expired, pro-
vided the detention has not heen caused hy the
prevailing winds, weather or tides — ^for delays,
owing to which, no claim shall he admitted.

28. The Commander of a vessel on arrival pii^*^thin vl
^athin the limits of the port, may detain the mits of port.
pilot for 24 hours while waiting for orders, &c.,
but he must pay the said pilot rupees sixteen (16)
for the detention, in addition to the pilotage.

irrawaddy pilotage chargeable on vessels.

Schedule D.

INWARD PILOTAGE.

Draught of water.

Below and up
9 feet
10
11
12
13
14
15
16
17
18
19
20
21
22
2^
24
25

»»
>>

»»

f»
f>
»>
»>
>»
It

It
»«
f f
»f
»»
»f
*l
f»
tl
»f
»»
)l
l>
)»
>»
»*
II

to 9 feet,
10
11
12
13
14
15
16
17
IB
19
20
21
22
23
24
25
26

>»
If
*»
)i
II
»i
II
II
»i
II
II
II
II
II
II

RS.

RS. A.

RS.

A. F.

7 8

0 0

9 0

0 0

10 12

8 0

12 12

8 0

15 0

0 0

18 12

8 0

22 8

0 0

105

26 4

8 0

120

30 0

0 0

140

35 0

0 0

160

40 0

0 0

180

45 0

0 0

205

51 4

102

8 0

230

57 8

115

0 0

260

65 0

130

0 0

300

75 0

150

0 0

375

93 12

187

8 0

550

132 8

275

0 0-

RS. A. P.

22 8 0

27 0 0

:)2 4 0

38 4 0

45 0 0

56 4 0

67 8 0

78 12 0

90 0 0

105 0 0

120 0 0

135 0 0

153 12 0

172 0 0

195 0 0

225 0 0

280 4 0

407 8 0

— -.^

456

OTJTWARD PILOTAGE.

Draught of water.

FatI pilot-
age.

RS.

R8. A.

RS. A.

RS. A. I».

Below and up to 9 feet,

7 8

15 0

22 S C

9fe

et „ 10 „

9 0

18 0

27 0 tJ

10 ,

11 ,.

10 12

21 8

32 4 <1

H ,

12 „

12 12

25 8

38 4 0

12 .

13 „

15 0

30 0

45 0 n

13 ,

14 „

18 12

37 8

56 4 O

H ,

15 „

22 8

45 0

67 8 O

16 ,

16 „

105

26 4

52 8

7S 12 o

16 ,

17 .,

120

30 0

60 0

90 0 O

17 ,

18 ..

175

43 12

87 8

I3t 4 U

18 ,

19 »

200

50 »

100 0

150 0 €

19 ,

20 „

225

56 4

112 8

168 12 a

20 .

21 „

256/4

64 1

128 2

192 3 O

21 ,

22 ,.

287/8

71 14

143 12

215 10 O

ta ,

23 ,.

325

81 4

162 8

243 12 O

23 .

24 ..

375-

93 12

M7 8

281 4 O

24 .

25 „

476

118 12

237 8

356 4 0

25 ,

26 „

600

150 0

300 0

450 0 a

HARBOUR PILOTAGE.

To mooring and unmooring within the limits of the
port, ... ... ... ... ... ...Ju. Xo

To placing on or taking off the hard^
To mooring and unmooring under fores,
To pilotage into and out of the Puzoondoung
creek, including mooring and unmooring,... „

16
32

RULES

RELATIVE TO THE ACCOMMODATION COPILOTS ON
BOARD THE LIGHT VESSEL AT THE MOUTH OP
THE RANGOON RIVER.

licensed pilots 1st. — ^Everv licensed pilot for the Port of Ban-

allowed accom- 'iiji.!. ji.* i_j

modation in gooH IS ailowed to havc accommodation oh board
light vessel ^he Light vesscl on payment of the sum of rupees

7-8 each time he takes a vessel in or out of the
river ; in order to have a (;laim to accommodation,
this sum must be paid by a pilot each time he
takes a vessel in or out, whether he actually goes
on board the Light vessel or not.

457

2nd. — The payment of the above amount will ^""Zmel^^h^
entitle a pilot to a residence on board the Light payment of fee.
ressel while band-fide engaged in seeking for pilot-
age. He will also be entitled to the use of the
vessel's boats and to a supply of wood and water
while on board.

3rd.— Pilots while on board the Light ship wiU ^^^^^^«-
make their own arrangements for messing.

4th. — Pilots who do not signify their intention ^£'^^^''^10''*'*^^^
to accept the conditions of these rules will not be commodation. ^
allowed to use the Light vessel for the purpose of

accommodation .

•

5th. — ^Any pilot desiring to avail himself of the Written order
use of the Light vessel, should procure a written ^^^
order from the Master Attendant, and should
also give 14 days' written notice when longer
wishing to avail himself of such accommodation.

PORT OF BASSEIN.

RULES

FOR THE APPOINTMENT, DUTIES AND KEMU-

NERATION 0¥ PILOTS.

Licenses.

1. Licenses will be issued by the Master At-
tendant under the authority of the Commissioner
to such applicants as may be deemed qualified for
pilots on the Bassein river, by a committee con-
vened by the Master Attendant under the direc-
tion of the Deputy Commissioner.

2. Tlie committee shall be composed of the Committee.
Master Attendant as president, and three mem-
bers, two of whom shall be commanders of ves-
sels, and the third the Government pilot or licens-
ed pilot, as available.

3. The qualifications of pilots shall be a know- Qualifications
ledge of general seamanship, the capability of *^^^"^^*^'

cense.

458

giving orders in the English and native lan-
guages, a competent acquaintance with the Bas-
sein river and channels leading thereto, and the
productions of certificates of previous good con*
duct and sobriety.

Form of li- 4. Qn a Candidate being reported qualified by
""^ the conunittee he will receive a license imder the

signature of the Master Attendant in the form
prescribed. No pilot will be permitted to resmne
his duties after 6 months absence until he has
been re-examined.

pucc for board- 5^ The Ordinary place for a pilot to board or

leave a ship outside will be half a mile to the
eastward of the JEnir-way buoy.

To produce li- 6. Evcry pilot is required to pfoduce his li-
oraaes when re- ^^j^^q ^ ^]j^q masftcT of any vessel requiring ta pi-

lot j and is to hoist his pilot flag at soobie conspieu-
ous place while he is in chai'ge. Europeans will
hoist a flag 4 feet square, red and white, horizon-^
tal ; and natives higher rate red atnd white, verti-
cal, which flags are to be provided by themselves.

Pilot not tode- 7. If a pilot wbo is uneiiM^^ passeaf an m-

mand nwre than , i t t j \ C^ • • i •

fixed ratei. wdfd or outward bound vessel havmg a signal for

a pilot flyings withotit hoarding such vessel, or
any pilot who may demand or receiver a higher
rate of pilotage than he is entitled to \atAeii tibese
rules, will be liable to be suspiended.

Rates of pUot. g rphe rate of piletnge outward tnll be* the
**^ same as inwatd for all Vessels up to 17 feet, above

17 feet one quarter mofe. This rule is applica-
ble to the rates of pHotasge from DiamoxM^ island
to Dalhousie only. The rate of pilotage » as fol-
lows— modified according to the ^tuation where
the vessel is boarded, and by her being aided by
steamers as hereitti set foftb. Vessels being tow-
ed by steamers will pay three fourths of the rate
of pilotage ; steamers will pay one half the rate.

459

BASSEIN PILOTAGE CHARGEABLE ON VESSELS.

IKTERIOCDIATB QB BBOKXK PILOTAOX.

Draft of watbb.

FuU pi-
lota^

Below A; ap to 10 feet at 5 B«. ^ foot
From 10ft. to 14 a „ 7

14 »9 if lo ff ft 9

18 ,, „ IW ,, ,, 11
aO And opwardB, 12

>»

50
98

ie2

220
240

12 8 0
24 8 0
408 0
55 0 0
60 00

25 0 0
49 0 0
8i 0 0

no 0 0

120 0 0

37 0 0

73 8 0

121 8 0

165 0 0

185 0 0

TO DALHOUSIE FEOH SEA.

0
0

Below and up to 18 feet draft, Bs. 3

From 10 to 14 „ „ „ 4

14 to 18 „ „ „ 4

18 to 20 „ „ „ 6
20 and upwards, „ 8

SCALE K)B HABfiOUR PILOTAGE.

To mooring an4 unmooring within the limita of the port
Tupees 16.

9. pacta in bringing ships into port are to pay ^^^''Jl^^
the strictest attention to the directions of the AttendAot
Master Attendant as to places where they are to

moor, and all pilots shsdl report their arrival on
all occasions at the office of the Master Attendant,
within 12 hours after their anrival, and shall also
report th^ departure ta proceed to the outer sta-
tion.

10. A pilot leaving a ship from any cause ex-
cept a default on the part of the ship, before she
has been taken to sea or anchored in the river,
accordiing to the wish of the commander, will not
be entitled to any portion of the pilotage^

U. No pilp* fe to take eharge of a ship or ^JS^:;.
move ner witnm the port of Sassem after she has den of Maater
been once moored, without the order of the Mas- ^**®*^<^**
ter Attendant, which order is not transferable to
another pilot without the sancti^on of the Master
Attendant ; any detention which may occur in ef^

ftH»tln£^ the duty, is to be reported to the Master
Attendant, and also on completion of the duty, if
the vessel is moored within the limits of the port.

Not to leave 12. Any pilot leaving a ship under his pilot-
ships without due ^1 J. X i.» 'J. I- i. J

caiwe. age, or the outer station without due cause, un-

less under a medical certificate, or with the per-
mission of the Master Attendant, will be liable to
be suspended.

To report when 13, pUots wiU procccd to the outcr station

when ordered by the Master Attendant, and any
pilot becoming sick or un^t for duty, is to imme-
diately forward a medical certificate to the Mas-
ter Attendant.

^when wi^nd- j^ jj^ cascs whcu pilots are suspended from
censesf ^^ "^ ^ duty, their licenses are to be delivered up to the

Master Attendant for the term of their suspen-
sion.

15. It being optional with a commander of a
vessel to tp-ke a pilot or not, no vessel need be
boarded unless the signal for a pilot be hoisted.
This applies to a vessel at sea only.

Grounding of 16. Pilots who may ground vessels are to re-
vesseh to be re- ^^j,^ ^j^^ occuTrcnce to the Master Attendant, in

writing, with as little delay as possible, specifying
the place and time, state of the weather, directions
and force of the wind, time of tide, period on shore,
extent of damage, and every particular. This re-
port is to be cei-tified by the n^aster of the vessel.

Loss of anchors 17. When aucliors or cables are lost, the pilot
to be report«L j^ charge Will report the occurrence in writing,

specifying the tin^e q-i^d place, and particulars of
size and quantity of chain, and size of anchor, if
buoyed, and nearest bearings.

Alterations in 18. A^^y pHot holding a liccuse who observes
sand^c, to be ^^^ alteration in the position of the sands or chan-
nels, or if any buoys or beacons are driven out of
position or injured, shall, as soon as practicable,

461

report the same in writing to the Master Atten-
dant.

19. The pilots are to pay the strictest attjention ^^^^ ^^^l
to the orders of the Master Attendant, and for ant.

any proved misconduct on hoard of a vessel while
nnder pilotage charge, or for any infringement of
or disohedience to the foregoing rules, a pilot may
be deprived of his license under the order of the
Commissioner.

20. The pilotaffe is divided into fourths, for ,.J!^o^«« ^^"^
the convenience of charging intermediate or

broken pilotage, viz ; from sea to places short of
Bassein and from and to intermediate places, and
also for the purpose of the proportionate deduc-
tion being made when vessels are tugged by steam
any portion of the distance.

The following shew the number of fourths
charseable between the several stations : —

■^

Erom Dalhousie
ilag*8tafr.

to white or ridge buoy, ...One-fourth,
to a line drawn east and west

through Pariah rock, . . . One-half,
to junction, ... ...Three-quarters.

Bassein, ...Full pilotage.

OUTWABJ).

BASSEIN TO DALHOUSIE.

To junction, ... ... ... ...One-fourth.

„ Famawaddie, ... ... ... ...One-half.

„ black buoy or ridge, Three-quarters .

South of flag-staff at Dalhousie, Full pilotage.

21. A table shewing the names of licensed Li«t of pilots,
pilots in the Bassein river, with their respective
drafts and numbers, is to be exhibited in the office
of the Master Attendant for the information of
the public.

4^2

pilots' demitrbage rules.

Written notice. 1. Commanders of vessels requiring a pilot arc

to give written notice at the Master Attendant's
ofBiee, specifying the day and date on which he
will he required^ two days previous to clearing out

Rate of demur- 2. If l^fte^ a pilot has heen appointed, the vesJ
»«• itt port- ggi gjyi^ii ^qI; move on the day and date specified,

the pilot having he^i^ ii^ attendance, he shall be
entitled to (16) sixteen yupees, as if the diity had
t>een performed, provided the detention shall not
jiav^ arisen from desertion of sean^en, windi and
weatlt^er, pr tide, ^hich qpuld not haye beep fore-
seen.

Cause oi de- 3. On any case of detention occurring within
in^ to b^ re- ^^ lipoits of the port, the comm^inder will make

p. written statement of the reason ^lud deliver it
to the pilot for transmission to the MsiiSter At-
tendant, stating whether ho requires the piiot's

atte^id^ee tbe foJlowwg d.ay ox iiat.

iute of demur- 4, Any p^ot h^iug^ detained on hoard a vessel
rage out of port. ^^^ ^ ^^ fimits of the port hy the desertion or

misconduct of ttie se^mei;^ or from a,ny unforeseen
casualty over which the conunan^er could have
no control, shall he houn^ to remain with the
vessel without any extra remune^tion for the
space of 24 hours, after which,^ should the deten-
tion continue, the commander- of the vessel will
pay (16) sixteen rupees for eyery day of his de-
tention, failing whieh the pilot may leave after
the 24 hours have expired, provided the detention
hajB not heen caused hy the prevailing winds, wea-
ther, or tides, for delay owing to which no. clahn
shall he admitted*

Mot may be 5. The conmiander of any vessel, on arrival
defined on ar- ^^j^ ^j^^ ]^J^^^ ^f the port, may detain the pUot

for 24 hours while waiting for orders, &c., but he
must pay the said pilot rupees sixteen (16) for
the detention; in addition to the pilotage.

463
RULES

FOB PILOTS AND PILOTAGE FOE THE POET OF

MAULMAIN.

I. Licenses will be issued by the Master At- J^l^^ ^^"^
tendant, under the authority of the Commission-
er, Tenasserim division, to such applicants as may
be deemed qualified for pilots on the Maulmain
river by a committee convened by the Master
Attendant5 under the direction of the Deputy
Commissioner.

2* The committee shall be composed of the J^J^'^*^ ***
Master Attendant as president and three members, ^ ^ ^ °
two of whom shall be commanders of vessels^ and
the third the Government pilot, or a licensed pi«
lot, as available^

3. The quadiflcatioiifl of pilots shall be A know- ^^^^J^'^'**''*"*
ledge of general seamanship, the capability of ** ^
giving orders in the English and native languages,

a competent acquaintence with the Maulmain
river and the channels leading theretOj and the
production of certificates of previous good conduct
and sobriety^

4. On a candidate being reported qualified by . Form &ad con-
the committee, he will receive a license in the^*^®°*^ ^^**^
form prescribedj under the signature of the Master
Attendant, and will then act tmder these rules^

5. The ordinaiy placfe for a pilot to board or statioM for pi*
leave a ship outside, will be half a mile to the ^^ ^^^^^
southward or the westward of the patch or out-
ward buoy.

6. Every pilot is reqjuired to produce his li- . Produdaoii of
cense (and engagement if any) to the master of ^^'**®*

any vessel requiring a pilot, and is to hoist his
pilot flag at some conspicuous place while he is
in charge.

46i

Pilots flags. fpjjg pjjQ^ fl^g ^Q ]3^ fQ^y. f^jg^ square, red and

white, horizontal for European pilots, and vertical
for native pilots. The number of the pilot's li-
cense to be on the flag in distinct figures of twu
feet in length.

7. If a pilot who is unengaged passes an in-
ward or outward bound vessel, having a signal
for a pilot flying, without boarding such vessel, or
who may demand or receive a higher or lower rate
of pilotage than he is entitled to under these rules,
will be liable to have his draft reduced, or Kcense
revoked.

Pilot how to 8. A pilot leavinff a vessel without the con-
1-- '=^«- sent of the master, h Uable to have his draught

reduced or his license revoked.

pKe'cS^* 9. The pilotage charge of the whole distance

is as follows, subject to certain modifications, viz. —

Boardiug or leaTing to the westward of) Full pilot-
the Patch or outer buoy, } age.

Boarding or leaving between the Patch ") o a* k
and Reef buov, ] '"

Boarding or leaving to the eastward of) « ards
the Beef buoy, ) " '

lotet*'''^ ^^^ P^- 10. Scale of full pilotage for Maulmain river,
^^* distance from town to patch buoy 30 miles.

Draft under 8 feet 25 rupees.

„ 9 „ 3o „

10 „ 45 „

„ 11 „ 55 „

12 „ 65 „

„ 13 „ 85 „

14 „ 105 „

,, a.. ,, *wr „

18 „ 200 „

!•»

105

125

145

165

200

240

3(X)

V t

360

Every additional foot to be increas ed by 60 rupees.

465

11. The rate for intermediate portions of a , ^f^ ^f «■
fbot is to be regrulatcd as foUows, viz., 3 inches and '^'^ "' ' '"^
under, no addition ; between 3 inches and 9 inches,

the medium between the two rates, above 9 inches
the draft of the next foot to be taken.

12. Vessels taking steam aid to be fcharged ^^ *^^ ^
two-thirds of the rate for sailing vessels.

13. Steamers mider l5 feet one half the rate steamers.
of sailing vessels, above 16 feet, three-fifths of

such rate«

14. Vessels not taking licensed pilots and Motage when
above 100 tons will be charged by Government ^'^'"^p^^'^-

at the rate of one anna per registered ton.

15. The charge for shifting of a berth in the ^^'^^'''^ ^^
port, or for removing a vessel shall be twenty-

five rupees.

16. Vessels that call for orders^ or put into _^™^«?« "»?»«-

«vj«j»j_ 1 -I* "ij •ji trosB, or to order.

Amherst m distress, and proceed m and out with-*
out a pilot shall be exempt from rule 14.

17. A pilot may be detained 24 horn's after Detention to pi-
arrival off town, without demurrage. ^^* ^^"° *"^^^-

18. The pilotage distance is divided into fifths nitrisidnof dia-
for charging broken or intermediate pilotage, but iJg'broke^ilot-
the least sum payable to a pilot for taking a ves-^ ^&^

sel in or out of Amherst will be 25 rupees.

From outside Patch buoy to Amherst iuner 7 , i g^i^
roads, J "*

From Amherst inner roads to Fishing village,... l-5th

From fishing village to Half Way creek, ...l-5th

From HalfWay creek anchorage to Natmoo') ^^ ^ -.,
anchorage, ) '"

From Natmoo anchorage to off Manlitiain, ... l-5th

19. Every licensed pilot that brings a vessel inward pilot
from sea to town is entitled to have the pilotage bll^outtjJd^^pii^
charge of such vessel outward, if he is available ^^ <^he same ship.
(12) twelve hours previous to her int<?nded date

of departure.

466

su^!^r*^*^o^ ^' ^^^ Kcensed pilot oaniiot supercede an-
anoikcn Other licensed pilot, unless such pilot is unable

to proceed with his charge from sickness, or from

having an under draft license.

4nd Itl^ iiTtow*^ ^^' Every licensed pilot shall report his ar-
4n 8 y m wn. ^^^ .^ towu to the Master Attendant, and deposit

his certificates in the office, and every licensed
pilot shall report himself daily at the Master
Attendant's office while such pilot is in town.

Berthing of 22. Filots are to moor all vessels in such
■^^ berths as the Master Attendant shall appoint, with

not less than 80 fathoms of cable edeh way before
discharge.

loteX'^o^^dm ^^' Pilots who may ground vessels are, as
vesscis.^^"^ ^"^ early as possible, to report the occurrence to the

Master Attendant in writing, specifying the place
and time, state of the weather, direction and
force of the winds, time of tide when out of dan-'
ger, extent of damage, and every other particular
as mav be deemed useful* This report to be cer«
iifi^ by the master.

Pilot to report 24* When anchors or cables are lost, thcf pilot
^1^^ "**^^ ®' in charge will report the oceurrence in writing,

specifying the time and place, time of tide, size
of ancW ftnd chain, quantity of cable, buoyed or
not, and the bearings of the nearest well known
objects ashore*

Pilots to mort 25. Every pilot holding d license, who ob-
n^^ ^° ^^' serves any alteration in any of the sands or cfaan^

nels, or that any buoy or beacons are driven
away or injured, shall, as soon as possible, report
such in writing to the Master Attendant.

Infringement of 26. Pilots noticing any infringement of the
re'^rtod b*** *^ P^^ rules, or any of the provisions of the Act
bu! ^ ^^ XXII of 1855, are to report the same at once to

the Master Attendant, with particulars in full.

467

27. Tbe pUots are to pay the strictest atten- toSi*^S
tion to the orders of the Master Attendant. tcr Attcudant

28. For any proved incompetency or miscon- ^^^^^^^^^^^ ^^
duct of a pilot in connection with his duties, he

shall be liable to have his draught reduced or
license revoked.

29. A table shewing the names of pilots li-
censed on the Maulihain river, with their respec-
tive draughts, is to be exhibited in the Master At-
tenda^nt's office for the information of the public.

pilots' dehtjrrage nULES.

1 . Commanders of vessels requiring a pilot, are
to give notice by signal 48 hours previous to
their clearing out.

2, If having obtained a pilot, a vessel be not
prepared to leave, and do not move from her
moorings on the date notified by the commander
to the Master Attendant, and should the services
of the pilot then in consequence be dispensed
with, the commander of the vessel shall pay to
such pilot, if he be a ptlot licensed to convey ves-
sels of full draft to sea, the suxn of rupees (15)
fifteen, if he be a pilot licensed to the conduct of
Ycssela of lesser draft^^ the suxxi of rupees (XO) ten*

3* If, after having obtained a pilot,, a vessel
be not i^epared to leave, and should she not quit
her moorings, and the pUot be detained on board,,
the commander of the vessel shall pay to such
pilot, should he bo a pilot licensed to convey
vessels of full draft to sea, the sum of rupees (15)
fifteen for every day of his detention, and if a
pilot licensed to the conduct of vessels of lesser
draft, the sum of rupees (10) ten for every day
of Ms detention.

408

4. Always, be it understood, that the deten-
tion adverted to in the foregoing paragraphs, has
not arisen in consequence of the desertion of the
seamen, or from wind, tide, or weather, which
could not be foreseen, ov oyer wliich the com-
mander had no control.

10. In detention in port from desertion of
seamen, the pilot cannot be detained more than
24 hours without the usual demurrage.

11. If a pilot be detained on board a vessel
out of the limits of the port of Maulmain by the
desertion or misconduct of its seamen, or any im-
foreseen casualty, over which the commander
could have had no control, the pilot shall be
bound to remain with the vessel without receiv-
ing any extra re^iunen^tion for the space of 43
hours, after which time, should hi^ further deten-
tion continue, occasioned by any other cause what-
soever than that of the prevailing wind, tides and
weather, for delay owing to wliich na plW shaU
hold good, the commiander of the vessel will pay
such pilot, if he be 9* pilot licensed to conyey ves.-
sels of full draft to sea the sum of rupees (15)
fifteen for every day of his detention^ and if he
be a pilot licensed to the conduct of vessels of
lesser draft the sum of rupees (10) ten for every
day of hisi detention.

PILOT RULES

FOR THE PORT OF AKYAB.

2nd September 1863.

LicenBea. 1. Liccijises will be granted under the authori-

ty of the Commissioner of Arafkan to all compe-
tent persons applying, authorising them to follow
the calling of a puot for the port of Akyab, and
no one but persons so licensed will be regarded
as duly quaHfied. A vessel moving in pilot waters
either without a pilot, or with an unlicensed one

4G9

on board, risks her insurance if the services of a
licensed pilot are available.

2. The qualifications for a license are a know- io^ah^^^'"''^
ledge of general seamanship, the capability of

giving intelligible orders in the English language
to work a ship, and a competent knowledge of
the port of Akyab and the channels leading
thereto.

3. Candidates for the office of pilot will for- ^Candi<iateshow
ward applications to the Master Attendant, who *^^ ^'
will subqxit the same to the Commissioner.

4. The Master Attendant, under the orders ^^^t^J^^**,;^^
of the Commissionei?, will nominate a committee formed.

to examine candidates, of which committee the
Master Attendant shall be president. The mem-
bers to be three or more (if available) masters of
vessels in the h^bour, who may be willing to give
their services for the purpose — one of the licensed
pilots (fujl d^ift) will in regular rotation be de-
sired to attend and examine the candidate, and it
is open to any licensed pilot, who wishes, to come lot"^ to^o^me
forward and put such questions to the candidate ^^^ candidate.
on the pilotage of the harbour and its approaches
as he chooses ; all of which shall be duly reduced p^^.
to writing by the president of the committee, be recordJiL^ ^
^hich is bound to take notice of any wrong or
defective answer given by the candidate, and re-
mark on the same.

5. On a candidate being reported qualified by gj^^ ^ J^qT-
a conmiittee, and on the proceedings being con- tificd in the <?#-
firmed by the Commissioner, the candidate will ^^ ^"*^"^'

be eligiole for employment, and will receive a
license, numbered, under the signature of the
Master Attendant of the port, and the counter-
signature of the Commissioner of Arakan, in the
form prescribed, and which shall be duly notified
in the official gazette of Akyab — this license he is duco Ucenae w^'
required to produce to the master of any vessel squired,
requiring a pilot. No pilot will be permitted to

TO*

470
riiot after <i resume his duties after six months continued ab-

mcmthsabBenceto i-i r ^ i • i a m j

be re examined, scucc uutil hc has been re-exammed. Any pilot

lot^a^^ilt^ wiui- ^^®®^^^ himself without permission for more
out leave or ne- than OHO montli, or noglectiiig to follow his avo-
tv^!tJ^^t^'' cation in the south-west monsoon, will be liable

to have his license cancelled or to such other de-
privation as may be considered proper in his case^
and as hereinafter provided in these rules,

Ships where to fi. The Ordinary place for a pilot to board or

leave a ship outside the bar, will be tl\e table lan^
of the western Bolongo bearing east in 6 to 7
fathoms of water ; and on bringing in a ship and
anchoring in such part of the port as may be di-
rected by the Conservator, he mil have completed,
his duty.

Pilot bringing 7. Any liccused pilot that brings in a vessel
iied r'outw from sea to within the limits of the port is entitled
Pilotage if avaiia- to havc the pilotagc of such vcsscl outward if he
as VdnX*^^ is available 24 hours previous to her departure,

provided the vessel is not above the draft of water

assigned him as a pilot — ^this privilege will not bo

condition. accordcd to any pilot who does not possess or have

a share in, or otherwise have at his disposal, a
vessel of a burden of not less than 30 tons, the
said vessel to be ordinarily at her pilot station^ and
to be in the opinion of the Master Attendant sea-
worthy for the south-west monsoon.

All pilot boats AH pilot boats shall bo licensed under certifi-
to be registered. ^^^^ granted by the Master Attendant, and coun-

tersiffned bv the Commissioner of Arakan, acoord-
ing to the form prescribed, and no license shall be
granted to any of less than 10 tons measurement.

All such boats are to be surveyed by the Master
Attendant, and passed as seaworthy.

Outward pilot- Pilots who do uot owu or have a share in a ves-
X&S?*" 8^1 of 20 tons measurement shaU not be aUowed

to take vessels to sea.

471

Pilots who have not at ,thcu" disposal a boat of j^ J?;^^^*^;,^^
10 tons or upward shall draw only haK the rates boat.
they would be otherwise entitled to.

8. Every pilot when seeking to be employed, ^^* ^'
shall fly a pilot flag, 4 feet square, red and white
horizontal, the number of the license to be shown

in the flag in figures of blue of 2 feet in length,
and he is to hoist his flag in some conspicuous .
place while in charge of any vessel.

It shall also be the duty of any pilot on board- av^^dstS
ing a vessel outside, to isee that her national flag flag aud uumber
and number be hoisted if within signal distance ^ ^ '*^"^^"*
of the Akyab point flag-staffj

9. The f dtes of pilotage foj* vessels entering ^^^ ""^ i^^^^*««®-
the port ard as follows, modified according to tlie
situation where the vessel is boarded. Vessels

towed by steamei^s will pay three-fourths of the
rate of pilotage, and steamers one half the rates.

AKYAB PILOTAGE CHAR0£!ABLE ON VESSELS.

In N. E. MONSOON;

In S: W. MClNBOON.

ilEMARKS.

l4 feet and onder, Rs. 92

Abore 14 to 16 feet, per

foot, Ks. 3

Above 16 io 18 feet, per

foot, Rs. 4

Above 18 to 19 feet, per

foot, Rs. 5

Above 19 to 20 feet, per

foot, Rs. 6

For every additional
foot over 20 feet, Rs.
116.

OuHoard.
Three-fourths mora.

Doable^

Inward,

From 1st to Idth May,
and from the 16th to
31st October, only
three quarters of the
S. W« monsoon rates
to be charged*

The ^otage is divided
into fourths for the
convenience of charg-
ing intermediate rates
on broken pilotage,
and also for the pro-
portionate deduction
being made when
vessels are tugged by
steamers any portion
of the distance, and
a table of rates calcu-
lated on the foregoing
is supplied in tho
schedule D.

The sonth-west monsoon shall he held to extend ^^"^ ^^ s. w.
from the 1st of May to the 31st of October, both "^®"®^°'
days inclusive.

472

INWAKD PILOTAGE.

Intermediate A vcsscl boardod withiu the bar and outside tlie
pUotage. Savage will pay half rates.

A vessel boarded after rounding the Passage
rock and to the southward of the Fakeer buoy-
will pay i rates. Provided that the ^ pilotage
thus chargeable shall not cx:ceed the rate of a
harbour movcment-

OUTWARD I^ILOtAGE.

The outward pilotage will be considered from
any part of the port of Akyab to sea with the
table land bearing east.

Dropping down The dropping a ship from a loading berth to
• '^P- the ballast ground will not form an extra charge,

unless the delay is to be more than 12 hours of
day-light^ in which case the charge will be a
simple one of mooring and unmooring within
port limits (rupees 16), and the pilot will be at
liberty to leave until he is required to take the
vessel out.

HARfiOTJR PILOTAGE.

The scale for harbour pilotage will be as set
forth in the prescribed schedule.

Pilots to oi>ey 10. Pilots in bringing ships into port arc to

ter"" At ten dint V^7 *h® strictcst attention to the directions of the
and to report ar- Mastc* Attendant and Conservator of the port,
"^*^ and pilots shall report their arrival on all occa-

sions at the office of the Master Attendant in per-
son. But where they may have to attend imme-
diately to any other vessel they are allowed, in-
stead, to sign their names in the port book as
having brought the vessel in.

Pilot to attend 11. A pilot is bound to attend to the call of tlie
to call of a ship, jnastor of a ship, and any pilot who may refuse or

neglect to do so, or any pilot who may demand or

473

receive a higher rate of pilotage than he is entitled i*«!»i*y f«f de-
to under these rules, will be liable to be deprived »te t^*i8 wn^
of his license or such other deprivation as may be ^^^^^
considered proper in his case, and as hereinafter
provided in these rules.

But when a pilot is required to pilot an outward , PiiotMte to be

1 J 1 1.1 i. •!! J 'i. i.1 . dopoBited for out-

bound vessel the master will deposit the amount wani bound vei^

of pilotage in the office of the Master Attendant ^^
which amoimt shall be paid to the pilot on its be-
ing evident that he has performed the duty re-
quired of him.

In the case also of inward bound vessels the , ^^ *i«o p*i<i
pilotage dues will be collected for the pilot by the tendant^? offiw
Master Attendant, the pilots furnishing him with ^^^ '^^^^ad bound
the master's certificate of the vesseVs dmft. ^^** '

A register shall be kept by the Master Atten- MwterAttend-
dant of all sums thus collected and paid to the J^unt ^^ ^
pilots in the form prescribed.

13. Any pilot leaving a ship from anv cause Mot icavinp
(except default on the part of the ship, or with ttyi^^ZJ^
the master's consent,) before she has been taken *<> forfeit pUotage.
to sea or anchored in the river according to the
rules of the port, will not be entitled to any por-
tion of the pilotage, and any pilot leaving a ship Penalty for
under his pilot charge, unless under a medical ^^^^% *t " VuS
oertiflcate or with the permission of the Master cause.
Attendant, will be liable to be suspended or to such
other deprivation as may be considered proper in
his case and as hereinafter provided in these rules.

13. No pilot is to take charge of a ship or Mot not to
move her within the port of Akyab after she has Ijj ^r^t^J.
once been anchored, witnout the order of the d«" ^ *^® ^*»»-
Master Attendant which order is not transferable ^ ^***'^^^**^*-
to another pilot without the sanction of the Mas-
ter Attendant. Any detention which may occur Detention to be
in effecting the duty is to be reported to the Mas- "^^^^
tet Attendant. The completion of the duty should
Wso be reported.

H 4

474

twr^nSte^to u ^^' During the south-west monsoon theMaster
conatantiy on Attendant wiU weekly warn two of the licensed
Ji^^ ^hl^*s^ w pi^^^ ^^ rotation to he on the look out for vessels
monsoon. " making for the harbour, and in case of any vessel

requiiing the assistance of a pilot and not getting
one, or in case of a vessel coming into harbour
without a pilot on board, the pilots so warned for
duty shall be suspended and a full report sent up
of the circumstances by the Master Attendant to
the Commissioner for his orders.

b ^^^^^^ ^ The form of notice shall be according to pre-
* ^^ scribed form, and it wiU be suflBcient for the no-

tice to be sent and left at the pilots' quarters ; a
copy of the same being suspended in the Master
Attendant's oiBBlce.

celtttmv^n ^^' ^^^^^ ^11 proceed to sea, when ordered
ordered by the Mastcr Attendant, to ships in the offing.

iv^h\m^^^^7 pilot becoming sick or unfit for duty is to
certificate. immediately forward a sick certificate to the Mas-
ter Attendant*
Ucenges to be 16. In cascs whcrc pilots are suspended from
whelTsuspend^ duty, tlicir Hceuscs are td be delivered up to the

Master Attendant for the term of their suspen-
sion.

Optional with 17. It being optional with the commander of
teki^TpUot!^ *°a vessel to take a pilot or not; no vessel at sea

need he boarded unless the signal for a pilot be
hoisted, in which case it is impemtive for a pilot

But pilot to at- to proceed on board without delay. In the event

tend 11 signaled 1 ^ « mj.!, t i- -xi. xi

for, however oi a pilot boardmg a smp with the sig-

nal for pilot flying, the pilot shall be entitled to
his full pilotage, although the captain may after-
to^1fotaire*^ii*^h^ wards bring in his own ship unless he can show
is 8\^Xi for sufficient cause for having dispensed with the
and boards. pilot's scrviccs after having demanded them by

signal. A pilot also who may be unable from a

heavy sea running, to board a ship, and runs in

Also if he shows a. pilot boat ahead and shows the way in, shall.

the way in. be entitled to his full pilotage as if he had beeui

475

on board the ship in pilotage charge. This ap-
plies to a vessel at sea only.

18. Pilots who may ground vessels are to re- ^^^^^ *o ^v^n
port the occip'rence to the Master Attendant in 8eL.^™**° ^ ^**"
writing with as little delay as possible, specifying

the place and time, state of the weather, direc-
tion and forpe of wind, time of tide, period on
shore, extent of damage, and every other particu-
lar. A similar report should be sent in the case ^^^^ If^iT
of any other accident occuring to a vessel while accident to ves-
under a pilot's charge. These reports are to be ^^'
certified by the master of the vessel.

19. When anchors and cables are lost the Mo<j to report

•1 . • 1 mm-, 1 2 1 ■ when anchors or

pilot m charge will report the occurrence m cables arc io«t.
writing, specifying the time and place, particulars
of size and quantity of chain, size of anchor, if
buoyed, and nearest boariugs. This report should
also be certified by the master of the vessel.

20. Any pilot holding a license who observes Pilot to report
any alteration in the position of the sands or ^JX''^£
channels, or if any of the buoys or beacons are Ac-
driven out of position or injured, shall as soon as
practicable, report the same in writing to the

Master Attendant.

21. The pilots are to pay the strictest atten- Penalty for dis-
tion to the orders of the Master Attendant and Sers. ^^^ ^
for grounding a vessel or any other proved mis-
conduct on board a vessel whilst in pilotage

charge, or for any other ne^ect of any rule or
regulation of the port, or any instructions issued
with reference thereto by the Conservator of the
port, or any infringement of or disobedience of
these pilotage rules, a pilot may be temporarily
suspended by the Master Attendant, the circum-
stances of the case being fully reported to the
Commissioner within 24 hours of snch suspen-
sion, and he may subsequently be deprived of his
license under the orders of the Commissioner,

476

proviMnn for Providod that in all cases where the pilot may
fnquhy ^T" de olaim to piit hiiTiself On his defence, the Master
mandcfi. Attendant, as above noted, shall set forth the

same, and a pilot's court of inquiry will be di-
Constitution of rcctcd by the Commissioner of Arakan to assem-
the court. jrjj^^ whcreof an European oflBcer of the commis-

sion, under appointment of the Commissioner,
shall be ex-officio the president, and two or more,
if available, masters of vessels in the harbour and
one or more licensed pilots shall be the inembers —
and the Master Attendant shall conduqt the pro<^
secution, but shall not take any part in voting,
or record his opinion at the close of th^ investi-
gation ^ The court thus coi^stituted shall simply
Proceedings, examine (withQut oath) any person who may be

in attendance for that purpose, recording their
staten^ents and the explanation qr de^Bnoe of the
pilot, and also the statements of such persons as
he may produce to clear himself, and shall on
the conclusion of the inquiry, submit its proceed-
ings with the opinion of the members to ih^
Opiniott to he Commissioner of Arakan. It will also in record-
recorded. ^^^ j^ opinion uotc, whcrc the pilot may be in

faiilt, what deprivation it considers the said pilot

should be subjected to, and this shall be either

confirmed or modified by the Commissioner ac-

Proviaion in cording to the circumstances of the case, Pror

ca»c of diversity yided that iu the case of a diversity of opinion

ofopmion. XI. ri • • • V -J

the Commissioner m^y exercise his own judg-
ment in the matter ^ to the pilot being in fault
or not, ^nd order in his case as he thinks fit,
PenaitieB, de- 22, Licensed pilots shall for proved miscon-
Srj'qulSficatiSiB duct, disobcdieuce, neglect or unskilfulness re-
for miflconduct suiting in injury, in m^'tters connected with their

professional work, be subject to the following
deprivations by the order of the Commissioner,
either on the report of Master Attendant, or, in
cases where the pilot claims to have his conduct
inquired into, on the proceedings of the pilot's
pourt of inquiry,— that is to sav, tq

477

1. — ^Deprivation of license.

2. — Reduction to f , — | — or ^ pilotage f(*os for
a specifted time, the remainder of the fees beinj?
placeij in a fund to be called the Akyab pilots'
fund, regarding disbursements from which a se-
parate set of rules will be preparcxi.

3. — Reduction from full draft to limited draft
for a period of not less than one month and not
exceeding one year.

4. — Suspension of license for similar periods.

In all cases where a pilot may be sentenced to Mota when to
suspension for more than 6 months, or to reduc- ^ ^-^^^^^^^ •
tion to limited draft, he shall be required to ap-
pear before an examination committee before his
license is restored to him. And in all cases when to for-
where the same is specially provided in these ^®** p*^^^**
rules or where any damage has resulted to a ves-
sel while in a pilot's chai'ge, it shall also be com-
petent for the Commissioner, at the recommenda-
tion of the pilot's court of inquiry or of the Mas-
ter Attendant, in passing an order of deprivation
0,s before noted, to direct that the pilot shall have
no claim against the said vessel in respect of any
fees that would otherwise have been claimable,
and in the latter case, any deposit in the Master
Attendant's office of pilotage fees made on ac-
count of the said vessel shall be returned to the
party depositing the same.

23. A table showing the names of the licens- . '{^l^ ^/ p^<**"
ed pilots in the harbour, with their respective "^
drafts and numbers is to be exhibited in the
office of the Master Attendant for the information
of the public, according to the form prescribed.

A copy will also be posted in the office of the ^nd chan«3«,
Collector of customs, and any change amongst in%!hcpJi^r^! *
the pilots either by the admission of a new pilot
OX hj casualty, as also the final orders in the

i7P

raso of anv iiuiuii-v made into the conduct of anv
licensed pilot as hereinbefore provided, shall be
duly notitied in the official gazette of Akyab.

I)£MUERilGl!) RULES FOR PILOTS.

What notice to 24. Commanders of Tessols requiring? a pilot
^ are to give written notice, at the Master Attend-

ant's office, 24 hours previous to clearing out,
specifying the day and date on which he will be
reqiiired.

Rates of demur- 25. If after the pilot has been appointed, the

vessel shall not move on the day and date speci-
fied, the pilot having been in attendance, he shall
be entitled to 16 rupees as if the duty had been
performed, provided the detention shall not have
arisen from desertion of seamen, wind and wea-
ther, or tide, or any other cause which could not
have been foreseen.

writteS*' ^iftl ^^" ^^ ^^y ^^^ ^ detention occurring with-
meat of reaaon. in the limits of the jKMrt of Akyab, the com-
mander will make a written statement of the
reason and deliver it to the pilot for transmission
to the Master Attendant, stating whether he re-
quires the pilot the following day or not.

m^**^e ^out^of ^^' ^^y P^^^* being detained on board a ves-
port. sel out of the limits of the port by the desertion

or misconduct of the seamen, or from any unfore-
seen casualty over which the commander could
have no control, the pilot shall be bound to re-
main with the vessel, without any extra remxmier-
ation, for the space of 24 hours after which should
the detention continue, the commander of the
vessel will pay rupees 16 for every day of his de-
tention, failing which the pilot may leave after
24 hours have expired, provided the detention has
not been caused by the prevailing winds, weather
or tides; for such delavs no claim shall be ad-
mitte<l.

479

28. Tlie commander of a vessel on arrival with- ^J^^ oTirri^
in the limits of pilots' water may detain the pilot 24 vai.
hours while waiting for orders, but he must pay
the pilot rupees 16 for the detention in addition
to the pilotage. If the vessel called for orders is
anchored outside the bar and the commander
wishes to engage a pilot to communicate with his
agents, the sum charged shall be 16 rupees for
carrying a letter on shore and rupees 16 for taking
out a reply in the north-east monsoon, and in the
south-west monsoon 32 rupees for each letter con-
veyed, it being understood that in no case shall
the pilot boat be bound to wait for more than
(two) 2 hours for an answer.

PART. VII. --FORESTS.

The following notification of the Government
of India in the Home department No. 4751, dated
Simla the 21st September 1866, is published for
general information. The Governor General in
Council has been pleased to authorize *

« « « « ' « «

The Chief Commissioner of British Burma to
exercise the powers of a Local Government under
Act VII of 1865.

RULES

FOR THE ADMIKISTRATION OF FORESTS IS

BRITiSH BURMA.

The following rules are published for the ad- Preamble,
ministration of the Government forests in Bri-
tish Burma, and for the management of foreign
and drift timber : —

1. The Government forests of British Burma ^'™**** ®* *^^
are bounded and limited as follows : — °*^*

First. — ^Forests between the Irrawaddy river
and the *ange of hills east of the Sittang river.

These forests comprise the hills and valleys of
the Pegu Yoma range, and are bounded as fol-
lows : —

On the west by a line passing from the station
of Meaday through the points of junction of the
following streams : —

Boolay and Pudday,

North and middle Nawing,

thence to the head waters of the Meimakah river
east of Prome, and along that river to the mouth
of the Meouugdagah klivoung, in the Kangoon

district.

482

On the south hy a line drawn from the moutl
of the Meoungdagah khyoung across to Pegi)
town.

On the east hy a line drawn from Pegu towi]
to Bonce village, thence to Kanyinokdoh village
hetween the Bin^lah and Yainway streams, thence
to the junction of the Woon and Koon streams,
and thence across the Sittang river to Kyoukec
town, and to .the hills between the Sittang and
Salween rivers, and along the line of water-shed,
between the Sittang and Salween rivers, to the
northern frontier line.

Second. — ^Thc forests in the Tenasserim division
of British Burma : —

1. — The Beeling forests above the village Pha-
wota on the Beeling river.

2. — Tlie Yoonzalecn forests above the village
of Kadinetitat on the Yoonzaleen river.

3. — The Domdamee forests above the junction
of the Domdamee stream ^dth the Salween river.

4. — ^The Thoungyeen forests between the hills
bounding the Thoungyeen valley on the south-
west and the Siamese boundary line.

5. — The Attaran forests above the junction ol
the Zimmay and Winyco streams.

oflst^'""'*'*^'^* 2. Tlie officers appointed for the administra-
tion of the forests arc : —

1. — The Conservator of forests.

2. — His Assistants, viz., the Deputy and Assist-
ant Conservators, and the native forest Assist-
ants.

3. — Tlie subordinate officers, viz., goungs,
goungways and peons, both in the forests and at
the timber stations.

The administration of the forests throughout
the whole province of British Burma shall be
vested in the Conservator of forests.

483

The administration of one division or sub-divi-
sion of the forests shall be vested in a Deputy or
Assistant Conservator.

3. There will be a subordinate forest officer ^^^ ""l^^^^l
in charge of every Government forest district, fowst officers.
He must live within, or close to the forest. He

will be expected to be thoroughly acquainted with
every part of the forest, and whatever happens
therein. In case of unauthorized felling, or other
breach of the forest rules, it wUl be his duty to
report the occurrence immediately. It will fur-
ther be his duty to prevent, by all means in his
power, the continuance or repetition of the acts
constituting the breach. He will seize all wood
or other forest produce unlawfully cut or remov-
ed, which he may find in the forests. He will
use every lawful means for the defence of the
property entrusted to his charge. He will be
held responsible thtit no teak trees but those select-
ed by the Conservator or his Assistants are felled.

4. No forest officer shall engage in any em- „ot ^to^cn^^rS
ployment or office whatever, other than his duties other cmpSy.
under these rules, unless expressly permitted to

do so in writing by the Conservator of forests.

5. No person is permitted, without orders Teak trees—
from the Conservator or his Assistants, to mark, *^^ p^o^cte
girdle, or fell any teak trees, large or snudl, to cut

or break off branches from teak trees, or to injure
them in any way.

6. The felling and dragffing of timber must . Feiiiiig f^d

- . T_° i.i.1.1 • dragging of tim-

be done in such a manner as not to break or m- ber.
fore any teak trees. Owners of elephants are
responsible for any injury done by their animals.

7. No Government teak forest may be sold, /^e and lease

-i X i» 1 J •!_ • 'x-L* XT- of Government

and no grant of land may be given, withm the forests.
limits of a Government teak forest without the
special sanction in fevery instance of the Govern-
ment of India, with the exception mentioned

b)plo\ir. Xor shall any lease be given for any
("lovernment teak forest, which includes the per-
mission to girdle or otherwise to kill or fell green
teak trees without the special sanction in ev»y
instance of the Government of India. In forests,
thus leased, grants of waste land may be given
without the special sanction of the Gfovemment
of India. But the grantee will be bound, over
and above the price of the land, to pay to the
lessee of the forests an indemnification for every
tree above a certain size stauciing on the land at
the time the grant is m?ide. The rate of this in
domnification to be the sapie as the rate paid to
Government by the lessee for thi© tipiber under
his lea^e.

Toun?yw whew g. No touugya is to be formed on any spot
^"* ' ^ ' on which stand teak trees, large or small, green

or seasoned, with the permission of the officer in
eharjfe of the foi^est district, it shall be lawful
for the Chief Commissioner to exempt certain
forest districts froni the operation of this rule and
also to cancel the order of exemption at any time,

JtobT iXS- ^- -^ *^^ timber which may be lying in a
S'from ^ place selected for a toungya must be protected

against destruction by fire. TJie cultivators of
the toungya will be held responsible for all in=^
jury done to such teak timber by fire.

te^^^firfstsl)!^ 10. Whoever sets fire to any teak forest, or
hibitcd, causes the conflagmtion of a teak forest, is liable

to punishment under these rules. Travellers will
be held responsible for the extinction of their
camp fires, and toungya cultivators must, to the
best of their ability, prevent the spread of toung-
ya fires into teak localities.

h^h^^^i^ 11. All trees (except teak) as also bamboos
with ceruon «- are free. But it shall be lawful for the Chief
ceptiona. Commissioner to authorize the levying of du-

ty on the felling, cutting or otherwise using of

485

trees of other kinds ; as also of prohibiting these
being felled, cut, tapped, or in any way made use
of, if they are below a certain size. It shall also
be lawful for the Conservator of forests, or his
Assistants to prohibit the felling, cutting or
otherwise using of any trees which they may have
marked or girdled.

12. Certain tracts of forest, or waste land, will ^^^'^^*'**^
be reserved as the exclusive property of the State.
Such waste or forest land will be termed " Go-
vernment reserved forests." Unauthorized fell-
ing, cutting, marking, killing or injury of trees,
shrubs or bamboos, or the collection of leaves,
wood^oil, resin or other forest produce within the
limits of the Government reserved forests, or any
act which violated the rights of the State, as pro-
prietor of these forest lands, will be punished.
Toungya cultivation and interference of any kind
with the ground or its produce without the special
permission of the officers in charge of the Govern-
ment reserved forests is prohibited. The right of
using existing roads through the Government
reserved forests will be free if compatible with the
conservancy of the forests. But the Conservator
of forests, with the sanction of the Chief Commis-
sioner, shall be at liberty to close any existing
roads through a reserved Government forest
wherever he may deem it requisite to do so.

13. The boundaries of each Government re- of^'S>v'e?^ent
served forest will be marked off as the Chief Com- r«Mrved tracts,
missioner may direct ; where the boundary is not
an established road, the bed of a river, or other
line easily traced, a path at least 6 feet wide must
be clear^ through the jungle along the whole
boundary line, and the marks should not be more
than 200 yards apart. A proclamation must be
issued and published in the nearest villages with-
in a month of the final demarcation of the forest,
stating in a gen^eral way the boundaries of the

486

forest, and warning against trespass, theft, or mis-
chief. It shall ordinarily be the duty of the De-
puty Commissioner of the district to issue this
proclamation. A copy of it is to be deposited in
the office of the Deputy Conservator of the dis-
trict.

The officer in charge of a Government reserved
forest must, twice a year, after the close and be-
fore the commencement of the rains, go along
the whole of his boundary lines, and state in his
report the state of the boundary lines and marks.

It is duty of the officer in charge of a Go-
vernment reserved forest to report immediately
every encroachment of the boundaries of his forest.

of vuk^M*with° !'*• Should villages be situated so as to be
in reaerved tracts. suTrouudcd ou all sidcs by a Govcmment reserved

forest, the boundaries around their lands must be
demarcated in the same manner as the bounda-
ries of a Government reserved forest, or should
the villages be merely temporary settlements,
they may be allowed to remain for a period not
exceeding three years, under such conditions as
the Conservator of forests and the Deputy Com-
missioner of the district may determine, under
approval of the Chief Commissioner.

But no cultivation by clearing or burning the
jungle is, on any account, to be permitted with-
in the boundaries of a Government reserved forest.

pmSd^*"^** ^^- ^^® Conservator of forests or any Deputy

Conservator in charge of a forest division may
reserve any tract in the forests not exceeding one
hundred acres, provided such tract does not contain
houses or cultivation; forests of a lai^r size
can only be reserved by the Chief Commissioner.
The procedure to be observed in the reservation
of forest tracts is described in schedule 1. The
Chief Commissioner may at any time sanction
altierations in the rules of this schedule.

487

16. The right of floating timher by natural ^^^*[f ™^ ^""^
streams and artificial canals in British Burma is blocked up.
reserved in all cases subject to the control of the

district officer and other Government authorities.
A list of streams in each district which may not
be closed, nor blocked up, neither partially nor
entirely, neither for fisheries, irrigation, nor for
other purposes, is given in schedule 2. The Chief
Conmiissioner may at any time add streams to
this list. The throwing in of toungya refuse into
these streams is prohibited.

17. The Chief Commissioner may prohibit the Poisoning of
poisoning of streams for the purpose of fisliing in bi^?™* ^^^'
any division of the forests.

18. No teak timber which is subject to the Teak timijer—
control of the forest department, or found adrift **^^ p«>*e«5*®d-
in the creeks and rivers of the country, shall be

marked, neither shall any mark on it be effaced.
It shall not be converted, cut into pieces, nor
burnt, neither shall it be concealed, removed, nor
disposed of by sale or otherwise without orders
from the Conservator of forest or his Assistants.

19. The use of marking-hammers, except by The marking of
an order of an officer of the forest department, on hibitedT**^^^^"^
the rivers enumerated in schedule 3, and on such

other rivers as the Chief Conmiissioner may di-
rect, is prohibited.

20. The disposal of timber from the Govern- Government
ment forests of British Burma, either by sale or ^J^Sur^"""^
gratuitously for the common public benefit, will

take place according to the regulations of sche-
dule 4. The Chief Commissioner, may from time
to time, amend these regulations.

21. All timber disposed of by the forest do- Marks and
partment will be stamped with such mark or ^^f^^'^^^^"
marks as the Conservator of forests may, from

time to time, direct, and the purchasers or grantees
will, on application, receive a pass in the form
exhibited in schedule 5.

488

ti^ri?*— ho*w ^^' ^^^^'^^^ t^sik timber when brought acrosj
dealt with oo the the frontier on the Irrawaddy and Sittang rivers
atUM ritLi"**^ must be reported at such stations as the Chiei

Commissioner may from time to time direct.
Such timber will receive a pass in the form exhi-
bited in schedule 6.

Teak tim^r 23. All teak timber which is brought down
nuUn how dealt the Salwecu, Beeling, Attaran or any other rivers,
^*^ to Maulnuiiu, whether from beyond the frontier,

or from the forests in British territorv, must be
reported and passed in the manner described in
schedule 7.

iiroiwht^to**?^^ ^' ^^^ *^^ timber which is brought to Ran-
goon and Bmb^ goon or Bassein will be examined at the river

stations named in schedule 8. No rafts of tim-
ber shall leave or pass- those stations without aii
order from the forest department.

wK>4erty^' 25. All drift and nnciaimed teak timber with-
in the province of British Burma will be consi-
dered the property of Government, unless proof
of ownership be given according to rules 31 and
32, and the provisions of schedule 7.

Scales of sal- 26. Scalcs of salvagc for tlie diflTerent parts of
timber/^' drift ^^^^ country are given in schedule 9. They may

be altered by the Chief Conmiissioner. Notifica-
tions exhibiting those rates will, from time to
time, be published for general information.

Pera^on to 27, Pcmiission to parties wishing to collect
how given. " ^ their own timber, which may have gone adril't,

will be granted on application, at the discretion of
the Conservator of forests, or such Assistants as
he may authorize to give that permission. Tlic
permit will be made out according to form in
schedule 10. Those permits must show the marks
which should be on the timber, and the holders
will only be permitted to take away such logs as
bear those marks.

489

28. Parties who have saved drift timber are i*roo«d«re ?<>'
omid to deliver the same on receipt of salvage Snft timben^"*^
koney to such persons as are authorized by the
Conservator of forests to receive it.

29. At the stations of Rangoon, ProTne,Toung- , offi^mi p^^^-

J TDT !• jj-i^xi i.x» dure relative to

3, and Maulmain, and at such other stations as drift timber.
16 Conservator of forests may direct, notices
iiall be published on the last day of every month,
bating the number and description of pieces of
rift timber brought in during the month. ^

SO. Not less than 80 days' notice will be given Procedure for
3r the reception of claims to the ownership of ^^^*"*^*^
rift timber by the office firom which the notice
k^as issued, after whicdi, bo claimant appearing,
he timber with such exceptions as are provided
or in schedule 7 will be sold on account of Go-
vernment. Claims for drift timber must be sent
n with full particulaj^ and according to form
fiven in schedule 11.

31. All such claims will be decided by the claims how
jonservator of forests, ot such officers as he may ^^^^
luthorize so to do, provided, however, that they
$hall be at liberty to decline to arbitrate regard-
ng such timber in case they may see fit so to do,
ind refer claimants to the civil courts.

82. Timber awajrded to claimants must be re- claimed timber
ieenied by payment of the salvage and other ex- ^^^ redeemed,
penses which ntiay have been incurred on account
of such timber.

33. It is the duty of the forest gOUngS, gOim- Procedure in

gways, aM peons of the department, and of aU SIlTve ^nar"^ ""^
police officers, to see that these ndes are not
violated, and should they in any case be infring-
ed, to report the same without delay to the forest
officer in charge of the division or sub-division in

490

wliich the offence took place ; and it shall he law-
ful for any forest or police officer to take into
custody without a warrant any person who hind-
ers or obstructs him in the discharge of his duties
under these rules. Provided that the person thus
apprehended be brought before a Magistrate with-
in three days from the date of his apprehension.

br^h^if ^fowt ^*' -^^y person who iufringes any provisions
rules, of the forest rules, or any subordinate of the for-

est department who wilfully neglects his duty,
will be liable to imprisonment without labor for
a term not exceeding 6 months, or to a fine not
exxjeeding two hundred rupees, commutable, if
not paid, to imprisonment for a term not exceed-
ing 6 months without labor. In cases where the
infringement involves fraud, or theft, or any
other oflFence provided in the Penal Code, the
offender will be liable to be proceeded against in
a criminal court under the provisions of the Penal
Code.
Tools, timber 35. Any axcs, dahs, marking hammers, or
m^^b^^ "c^as! other tools or implements used in an act which
cated, constitutes an offence against these rules, and all

timber that has been marked or obtained in a
manner contrary to these rules, or that has not
been reported and passed in accordance with
rules 21 to 24, and schedules 5 to 8, whether en-
tire, or cut up, or sawn up, may be seized by
any officer of the forest department or police
officer, and such tools or implements and timber
may be confiscated by the orders of the Magis-
trate of the district or any forest officer exercis-
ing the powers of a Magistrate, or a subordinate
Magistrate.

Powers of the 36, The Couscrvator of forests shall have the
for^JtoT**^"^ ^^ powers of a subordinate Magistrate of the 1st

class, but shall exercise those powers subject to
such limitations ^s may from tinie to time be im"
posed by the Chief Commissioner.

491

37. The Chief Commissioner may vest any i^^^7*"^^ ^^^
Deputy or Assistant Conservator of forests with «utant CoDscr-
the powers of a subordinate Magistrate of the 1st ^*^"-
class, subject to such limitation as he may deem
proper-

38- All cases of violation of these rules may ca^^f\?^tio^
be tried and determined by the Magistrate of the of these miea.
district, by the Conservator of forests or any
Deputy or Assistant Conservator who may have
been vested with the powers of a Magistrate or
a subordinate Magistrate- The mode of proce-
dure in the trial of forest cases will be that pro-
vided in Act XXV of 1861,

39. The appeals against the decision of the Appeals where
Conservator of forests while exercising the powers
of a Magistrate under these rules will lie to the
Court of the Commissioner of the division where
the offence was committed^ And the appeal
against any decision of a Deputy or Assistant
Conservator of forests acting as a Magistrate un-
der these rules, will be to the Court of the Deputy
Commissioner of the districts

A monthly register of all cases tried and de-
termined by each forest officer in any division or
district of a Deputy Commissioner is to be sub-
mitted to the Appellate Court. The register is
to be kept in the form given in schedule 12.

SCHEDULE I.

ox THE PROCEDimE TO BE OBSERVED IX SETTING

APART RESERVED FORESTS.

1. Whenever a forest officer proposes to re-
serve a forest tract he shall personaUy go round
and through it to ascertain its natural boundaries
and hold a valuation survey of it.

2. A report containing full particulars regard-
ing the tract, whether any inhabitants are included
within it, and the reasons for reservation, toge-

492

tlier witli a map of the district/showing the exact
situation of the tract in question (a sketch map
2 miles to the inch if no district map exists) shaU
be forwarded to the Deputy Oommissioner of the
district who will attach his opinion to the report
and forward it, through the Commissioner, to the
Conservator of forests who will submit it to the
Chief Commissioner for his final orders after at*
taching any remarks he may have to make.

3. The Deputy Commissioner, should he see
no objection to such reservation, will, on receipt
of the report from the forest officer, issue imme-
diate instructions to prevent the cutting of gar-
dens and toimgyas within the locality which it
is proposed to reserve, pending the final orders of
the Chief Commissioner.

4. The Chief Commissioner will pass orders on
the report, and if he approve of the tract being
reserved, the forest offtcer will proceed finally to
demarcate it in accordance with rule 13.

SCHEDULE II.

STREAMS WHICH ARE TO BE KEPT OPEX TTNDER

RULE 16.

Rangoon district.

The Pegu or Zamayee fiver

down to Pegu town, and all

its tributaries.
Pounglin and all its tributaries.
Mayzale Do.

Myanoung district.

Thavet and all its tributaries.
Thabew Do.

Magayee Do.

Okkau Do.

Thounzai Do.

Beeling and all tributaries.

Wayhla Do.

Tanapo Do.

Mokkha Do.

Minhla Do.

Tsapoke Do.

Sremyoke Do.

yaoung Do.

£adet Do.

Gamoong and all tributaries-
Toung khyoung Do.
Boben Do.

Mimboo Do.

Toungyoh Do.

Shway-lay Do.

Meimakan or Hline river

from Tsanouay up to

Engmah.

493

Pbome district.

Rawing and all its tributaries.

IBooIay, including the choung

gotingjee, the Padday and

all their tributaries.
Kcenee and all its tribu-
taries.

Partly Rangoon district and partly

TOTTNG-OO district.
Kawley ah and all its tributaries Fyoontazah and Tain wary

Binedah

Do.

and all their tributaries.

TOUNG-OO DISTRICT.

Koon and all its tributaries.

Phyoo

I^gagyat

Xwaymathay

Kbaboung

ywah

Myolah

Bimbyay

Gwaythay

Do.
Do.
Do.
Do.
Do.
Do.
Do.
Bo.

Koonoon^ or Swoaydoyah
. and all its tributaries.

Kannee

Do.

Thoukyaghat
Youktbawah

Do.

Moong

Do.

Padah

Do.

The Sittang rirer above
Toung-oo town.

SCHEDULE III.

KAMES OP RIVERS ON WHICH THE USE OF MARKING
HAMMERS IS PROHIBITED WITHIN THE BRITISH
TERRITORY.

The Salween river.

The Sittang river.

The Pegu river at and below

Pegu town.
The Puzoondoung river below

Kyoongalay village.

The Meimakah, Hline and

Rangoon rivers.
The Irrawaddy river and its

branches, including the

Bassein river.

SCHEDULE IV.

EXHIBITING THE RULES UNDER WHICH GOVERN-
MENT TIMBER IN THE PROVINCE OF BRITISH
BURMA MAY BE DISPOSED OF.

1. By public auction sales, at stations or in
the forests. At all public sales one portion of the
payment (not less than twdnty per cent, on the

494

amount) is to be made on the day of sale eithe
in cash, public securities, or promissory notes
and the balance within a term not exceeding
three months after the day of sale. No timbej
to be delivered before payment in full shall hav(
been received ; but the timber to be at the risk oi
the purchaser from the moment it is knocked down

2. By private sale on indent approved of bj
the Conservator of forests, or the chief forest offi-
cer at the station or in the division where the
sale is held.

Private sales shall not be eflTected at rates below
the average rates realized at the public sales of
the preceding year, tuiless by special order from
the Conservator of forests.

No private sale of Government timber is to be
considered as concluded, and no timber is to be
delivered on account of the same unless the full
amount of the purchase money is paid to the
forest officer conducting the sale^

3. By sale of the seasoned timber standing or
lying in a certain forest district, to permit or
lease-holders. This timber remains the property
of Government until the full amount of purchase
money is adjusted. These sales hold good for a
certain period* Timber not brought out within
the time fixed, whether paid for or not, remains
the property of Government. Sales of timber
imder this rule are not ordinarily to be concluded
for a longer period than three years.

4. By grant gratuitously to parties residing in
the district near the forests, and at a distance
from the principal rivers, for the erection of build-
ings for the common benefit of the public, as
Christian churches or chapels, schools, kyoungs,
zayats, bridges, &c. Applications for timber
under this rule may be made to the Conservator
of forests, or his Assistants. Final orders re-
garding such applications granting timber for

4,95

liese purposes, or otherwise, will be issued by
lie Conservator of forests, or by such Assistants
ts he may specially empower so to do. Timber
granted under this rule will be pointed out
to the grantees by the forest goungwais. The
grantees must fell and remove the same to the
place where the timber is to be used, within a
l&xed time.

Timber for these purposes will be given gra-
tuitously, but on a certain date which will be
mentioned on the grant this document must be
returned to the Assistant or Deputy Conservator
of forests in charge of the division, with an ac-
count showing how it has been used. Should it
not have been expended for the purposes specifi-
ed in the application, the timber will revert to
Government, and the parties who received the
grant will, if they should have applied the timber
to other purposes, be liable to pimishment under
the forest rules.

496

S 9

ft o

CO §

® Pi

O o

■OK

Where to be
paid.

Amount still to
be paid.

I
J

1
11

^saooid JO
aSoi jb "Oil

(

*n[jvui
jdqniix

Description of
timber.

Place of
destination.

1
1

Owner or
consignee.

'•

'OK

497
SCHEDULE VII.

UTILES

ton fHE MANAGEMENT OP THE fctUDO

UBVENUB StAtlON*

1. All timber passing down the Salween and Timber when
Ittaran rirei^ must be reported at the Kuddo Ku^dS!^ **
revenue station within seven days of its arrival,

failing which, on discovery, it will be liable to
pay double duty before the timber is cleared4

2. Attaran timber to be declared for duty at ^^y^^"^ ^**»'
theNantay station, where it will be passed, all"*"**™ ^'
3ther timber to be declared for duty at Kuddo.

Si The fepcwt must contain full particulars ptfticiiii*. a
fegardmg the timber, its position at the station, ^^^^
number and description of logs^ their marks and
other particulars* Owners of timber, or their
agents who give incomplete or incorrect reports,
rend» themselves liable to punishment under the
rules for the adnunistration of forests*

4. The reports will be open to public inspec- Retort open
tion for seven days before a certificate of res istry ^Un'SJ''"
will be granted* Copies of the rraorts will be

forwarded daily to the Maulmain
inspection.

5. After the lapse of seven days, the officer Granting of
in charge of the revenue station will grant a cer- ''«**^<»*«-
tificate, and will mark each log with such marks
as may fitom time to time be directed, except in
case of incorrect reports, when a fresh report will
have to be made under rule 1 before certificate of
registry will be granted. No timber will be pass-
ed without a certificate.

K k

498

C. The following rates of duty are to be pai(
before the timber can be allowed to leave thi
station : —

lUten of duty For logB of And above 5 feet in girthi
to be i.aid. jj^^ f^^^ Attaran,

For logs below 5 feet in girth,
ditto from Attaran,
Stem pieces,
Ship crooks,
Boat ditto,
Small ditto.
Small pieces,

On the payment of these rates the timber will
be passed and marked vdth the pass hammer of
the timber revenue station. In measuring timber
» the middle girth must be taken.

wh»t timher 7. All timber which passes the limit of the
baWe to confiaca- J.gygJ^^^ statiou without the pass marks of the

forest department, is liable to De seized and con«
fiscated.

£8.

▲.

per log

J».

•«

Period allowed
for imyment of
duty aud removal
of timber.

Period allowed
for passed timber
to remain at de-
p6t

Timber when
to be removetl.

8. All duty must be paid and timber removed
within two years of date of cortifieate, failing
which it will be advertised and sold to recover
the duty and clear the depdt.

9. Timber which has been passed must be re-
moved within one month or be subjected to a
Hue of 8 annas per log per day during one montli,
after which, if not removed, notice will be given
by advertisement and the timber removed from
the limits of the station at the risk and expense
of the owner. If &om any natural cause beyond
the control of the owner it is impossible to re- '
move the timber within the period named, appU-
cation should be made to the revenue officer i
who will pass special orders in the case.

10. The time for the removal of timber from |
the station is from sunrise to sunset, and no tim^
ber must be removed at any other time without

499

special permission from the revenue officer, who
will judge of the necessity of the case. Breach
of this rule will he punished under the forest
rules.

11. Timber from the Government forests will ^ Timber from

1 1 1 j^i J • 1 /«* Government for-

be passed by the timber revenue officer, upon a eats how paased.
certificate granted by the forest officer showing
that the forest revenue has been adjusted.

12. Parties wishing to transact business Agents how ap-
tlirough agents must duly appoint these agents as ^^^
required by law. The names of agents must be
registered at the revenue office.

13. All timber on which marks have been obuteraticns of
purposely obliterated by fire, or otherwise erased igh^* ^^ ^^^'
or defaced, will be retained by the Kuddo revenue

officer and treated as drift timber under rules.

14. Government to have a lien on all timber ^^^^^^^^^JJ ^^^^l
whether decreed by the Civil Courts or not, until vemment ^ '°
payment of aU government demands on the tim-
ber has been made.

15. Timber brought to the revenue station . channel where
is not to be placed iii any part of the channel on bTpiiwcd. ^^
the east side of the Koutsing island. Any tim-
ber found lying there will be removed at the risk

and expense of the owner.

16. Parties desiring to have river frontage x^^^'t'J^^'^^^
allotted to them at Kuddo for placing and col- tamSf
lecting their timber must apply to the revenue

officer who will pass the necessary orders. The
portion allotted will be registered in the office,
and the application must be renewed on the first
of January of every year.

17. Timber owners wishing to collect and Marks and ham-
mark their timber at Kyodan must register their Z^^ ^ "^
marks and hammers at Kuddo.

18. After the receipt of certificate of registra- c^crtifieate what
tion the timber may be stamped by purchasers at ^ ^*^"**"^

500

Kuddo, bat the marks or stamps put upon i^
must be reported at the office eithw in Mauln
main or Kuddo to be entered in the Qiiginalj
certificate, which should bear a complete reoonl
of aU marks on the logs entered in it.
Fee for regis- jg, ^ f^ ^f jQ rupces must be paid for ev^
men. mark or hammer registered at the Kuddo reyenuel

office, and a certifies^ will be granted on pay-
ment of a fee*

extena over tiJS ^O. TUs registration to hold good for two
yeanu jcars, that is to 8ay> firom 1st Hay in each year

to 1st May of the second year, when parties are
required to register their hammers, either in per->
son or by duly appointed agent.

Breaches of 21, Brcaches of thcso rules by subordinates
ChS, ^^^ ^^^ ^^ tJ^© forest department and others, will be pun-
ishable under t^e rules for the adxuinistration of
the forests in British Burma,

Appeals where 22. Appeals from the decisions of the Kuddo
^ ^*®' revenue officer shall lie with the Deputy Conser-

vator in ohaxge of the Salween division, and from
the latter with the Conservator. Appeals from
the decisions of the Conservator of forests shall
lie with the Chief Commissioner,

Appeals in spe- 23, lu the abscuce of the Conservator of for-
^^ases where ^^ ^^ Deputy Conservator from Rangoon or

Haulmain, an appeal from the orders of the
Kuddo revenue station officer shall lie with the
Deputy Commissioner of the district of Amherst,
who wiU pass orders should he consider it neces-
sary to do so after inquiry into the matter. Such
orders may be appealed from to the Commis->
sioner, Tenasserim division, whose order shall be
final.

beio^Kdd"^^' 24, Parties who have salved timber below

o. ]5;mj^jo must bring it to one of the Government

drift timber dep6ts, reporting their having done

501

o with full particulars at the forest office Maul-
Euiin^ where the amount of salvage as per schedule
lX, will be paid to them on the timber being
aken charge of.

26. Parties who have salved timber above ^1^^^"^*^^^^^"^
K^uddo must bring it to one of the stations men-
ioned in schedule IX, where they will be entitled
JO receive the salvage due.

26. Salvage of tunber below Kuddo wiU be in ap^Ioud^ ^
the hands of salvors (not to exceed four in num- salving of drift
ber) to be named by the trade and approved of by *™^*^'

the forest department, who will issue a " letmhaf
to each and register their names in the forest
office*

These "letmhats" will be cancelled by the
forest department on sufficient grounds being
shown.

27. All drift and unclaimed timber coming ^^^T^^^j^P ^,
down the Salween, Beeling, Attaran, and other riving at Maui-
rivers to Maulmain, will be considered the proper- ^y^^"^ ^ ^
ty of Government, unless proof of ownership be

given within the time provided in rules.

28. Monthly notices will be issued of the num- for^SL^^'"'^
ber of drift logs brought in during the month ;

Hst containing the description of the logs and their
marks (so far as they have been ascertoined) will
be open for inspection at the Euddo and Maulmain
offices. Claims to drift timber will be admitted
up to date of preliminary notice of sale.

29. Public sales of drift timber (should suffi- ^^^?^i^^ ^^
cient have been collected to render a sale advisi- ""

ble) will take place every six months, on the 15th
January, and 15th July in each year.

At these sales no timber will be sold, the receipt
of which has not been publicly notified, inviting
claimants to come forward under rule 28, six
months previously.

5q2

ho^t^ted '""^ ^^- ^^ ^^"^^ beached, or aground below tin

mouth of the Attaran and not in charge of anj
person, mil be considered to be, and be treated a^
drift timber.

SCHEDULE VIIL

KAMES OP RIVER STATIONS WHERE ALL TIMBEl
WILL HAVE TO STOP TO BE EXAKINED.

RANGOON STATION.

Timber arriving from the Sit* *) At the mouth of the FooJ
tang river, ) zoondonng creek.

Timber arriving from the Irra- ") At the mouth of the Tsan
waddj river, ) khyong, below Kemendine^

BASSEIN STATION,

Timber arriving at Bas^ein must- stop above the town at
0uch a place as the Collector of timber revenue may direct

SCHEDULE IX,

RATES OP SALVAGE POR TIMBER SAVED PROM THE

UNDERMENTIONED RIVERS.

NAMES OP RIVERS.

I. Sittang river stations above and includ-
ing Kyassoo...

If brought to Rangoon

II. Irrawaddj river stations above and in-
cluding Henzadah

If brought to Rangoon and Bassein ...
Hline, Pegu and Founglin rivers also.
III. Sangoon river from and above Monkey

point delivered at G'0vernmentdep6ts 2 0 0

Below Monkey point and lying on sea shore delivered at
Government dep6ts, expenses incurred will be charged.

Note. — One half only of these rates set down to be paid
for drift timber saved, but not brought into Governmeut
stations and made over to the forest omcers.

503

SALWEEN RIVER, BELOW ItrBDO-

Between Kuddo and Battery point depot ... 3 0 0
Between Battery point dep6t and Ruhvee

channel 7 0 0

ABOVE

KUDDO.

At Kyodan

... 0

At Kamanlay

... 0

At Koman or Eomoung

... 1

At Meeboung to Fahan

... 2

At Kuddo

... 3

Per logs in length below 12 cubits or in girth below 2
cubits, and for logs that are burnt or otherwise of inferior
value, reduced rates will be paid.

SCHEDULE X.

rOBH OP PERMIT TO COLLECT DBIPT TIMBER.

is permitted to pay salvage on,
and collect the logs which bear the marks enter-
ed below in this permit.

Timber marks.
Kuddo,

186 .

N. B. — This permit is good only up to the 1st January
186 .

Por salvage rates, see back of permit.

SCHEDULE XI.

FORM IN WHICH CLADC FOE DRIFT TIMBER

MUST BE PREPARED.

ckims logs of drift timber

lying at as per description and

marks entered below : — •

Dep6t
No.

Description and
number of logs.

Marks.

Orders of revenue officer
and remarks.

The

186

504

OQ ^

St;

fit;

fl4

i°4

I 'I

5Z5

^^■•a^iM— aniMa

605

RULES

rOH THE GUIDANCE OF THE OFFICER IN CHARGE OF

KUDDO REVENUE STATION.

Dated Maulmain, 19th December 1864.

1. Every chokedar or watchman employed
•rithin the boundary of the Kuddo revenue sta-
tion must produce certificates of good character,
and be approved of by the station officer who will
register him in the Kuddo office before he will be
allowed to reside in the station.

2. The revenue officer may object to any
chokedar or watchman living within the station
whom he has reason to believe is not a person of
good character.

3. A register will be opened for registration
of these persons showing by whom they are em-
ployed and at what part of the station.

4. All residents in the station will be subject
to the rules in force there and wiU be fined or
expelled for breach of rules. The fine not to ex-
ceed 10 rupees, and a proceeding to be held in
every case setting forth the cause of punishment.

5. These cases shall be reported monthly in
the prescribed form which is to be forwarded to
the Conservator of forests.

6. There shall be 4 peons with a boat at the
entrance of the station^ at the north, who will keep
a register of aU timber coming into the station,
and will report daily all arrivals to the goung or
entry clerk.

7. The duties of the goung or entry clerk will
be to mark all timber with running numbers, .
compare it with the report, examine it and report
to the officer in charge any discrepancies he mav
observe, noting them on the arrival report, which
he will countersign and deliver daily into the
office. The entry guard house will be specially

606

under his supermtendenoe, and to him the peons
stationed there most report all arrivsds daily.

He will also measnre undersized timber and
take chai^ of drift timber.

8. A copy of the arrival reports must daily be
sent to Manlmain and mill lie for inspection for
the prescribed number of days under rules.

0. A similar establxshment of 4 peons shall
keep wateh at the exit guard honse of the station,
at the BMHith of the 6yne river, and keep a dailj
renter of all timber going out of the dep6t.

The peons at the exit guard house must not
suffer any timber to pass out of the dep6t withoot
the prescribed form. They must collect these
forms and give them over daily to the overseer
to be filed in the office.

10^ The overseer will have special charge of
the exit guard house and must daily send in a
report of all timber which leaves the depM;. His
duty will be specially to mark all timber with
the pass marks. He will examine all timber be-
fore he passes it and see that it agrees with the
timber pass iomut, withotxk which no timber k to
leave the dep6t.

Thiis '^ pass '' must he gwen to* the raftsman
who will give itto^the peons at the exit guard
house as the timber leaves the dep6t.

. In the absence of the offieer in charge the over*
seer will be m charge of the station.

11. The peons will, to perform their duty, push
off in their boats when necessary, to obtain infor-
mation and collect passes or stop timber.

12. The officer in charge should, on report by
the overseer of any irregularity^ institute inune*

.607

diate inquiry into the case suod after ^personal
examination should issue such orders as he may
deem advisable.

13. The officer in charge is on no account to
leave the station unless it be to visit his guard
boats or on authority of leave obtained from the
Deputy Conservator of forests, Salween division.

14* He must keep up a daily journal, entering
all matters of any importance and absences from
Kuddo of every kind.

15. It is the duty of the officer, as a rule, to
inspeet all thnber under his charge at the dep6t,
«o as to satisfy himself that all is right.

16. It is his duty to see that the rules are ob-
served and go round to all watchmen's tays once
a week to see that they keep proper accoiuit of
the timber in their charge.

17« No strfmgers will be allowed to remain
and live within the precincts of the station with-
out permission from the officer in charge.

18. All timber watchmen are expected to keep
books showing the number of logs they have in
charge. Should they be discovered to have tim-
ber in their charge which has not been reported,
contrary to rule 1, or which is not entered in
their books, they will be punished.

19- All drift timber should be reported at the
office and taken to the appointed place for drift
timbw, salvors of timber will be paid salvage on
application at the office.

20. Parties are not allowed to place their tim-
ber on the island at the mouth of the Gyne
which is reserved by Government.

508

▲BBmON TO CHOKEBAK RtUCS. i

Dated Rangoon, 9th June 1865.

1. Each *' iay** must have a number whicli
shall be painted in a board placed in fiont of the
" tay."

2. The number of the " tay" at which timber
is lying when entered should be written on the
arrival report and arrival report register.

3. No timber shall be marked with registr;^
numbers unless it be at one of the tays in the
station.

4. No large boats shall be allowed to pass out
of the station after sunset without being examin-
ed by the exit guard house peons.

RULES

FOE CONDUCTING GIBDLING OPEBATIONS IN THE
FORESTS OF BRITISH BURMA.

Dated Rangoon, 5th December 1861.

1. Whenever girdling operations are ordered
to be conducted in a forest district, timely notice
shall be given to the permit holder, contractor
or other party employed in working the forest,
inviting him to assist in procuring coolies, ele-
.phants and other facilities for the work, and to
attend himself or send his agents to be present at
the selection of the trees to be girdled.

2. The girdling operations will commence on
or before the 15th January and will not be con-
tinued beyond the 15th April.

3. None but first class trees are to be selected
for girdling, and special cases excepted; only
such trees are to be ^rdled as measure five cubits
or seven feet six inches in girth and above,

AH trees to be measured at six feet from the
ground on the upper side of hill^ forked trees to

609

•be measured above the fork, unless the stem be-
low exceeds 18 feet in length.

4. One-fourth of all first class trees standing
in one locality may be girdled, that is, out of one
hundred first class trees in any forest tract twen-
ty-five may be girdled. The trees for girdling
must be selected from those of the finest growth.

5. All trees that are attacked with epiphytic
ficus are to be girdled whatever may be their size,
provided they will yield marketable timber.

6. No trees are to be girdled which stand in
localities whence they cannot with advantage be
removed.

7^ Trees standing isolated or so far from
others that thrir death would deprive the ground
of seedlings are not to be girdled.

8. No teak tree standing in a deserted toungya
or on its borders is to be girdled.

9. If among a number of teak trees some
stand isolated and others in groups, the trees for
girdling are to be selected from those standing in
groups.

10. The girdle must be cut at least four
inches deep into the heart-wood of the tree, and
all crevices must be well scooped out so as to
prevent the over growing of sapwood.

11. Two flat marks must be cut into each
girdled tree, one mark above the girdle, the other
below it, each mark must be branded with the
hammer denoting the year in which the tree is
girdled, the marks must be smooth and cut into
the heart-wood. They must be six inches in
length and six in breadth.

12. All creepers on teak trees within sight of
the girdling party must be cut.

510

13. All dry branches, bamboos and other i
flammable matter must be cleared away firom tl
foot of every girdled tree.

14. Por work not done in accordance with tl
above rules, no payment will be made. Fin
will be imposed for breaches of the rules as fc
lows : —

«. For the girdliag of any tree not attacked
with epiphytic ficiis in girth below fi?e cttbits,
without 8f)ecial pernission, a fine of ... ... 2 rupees

b. For the girdliug of any tree in excess of
one-fourth of the first class trees, without special
permission ... ... ... ... ... ... 1. rupee.

c. For a tree badly girdled, that is not «ut
Bufficiently deep into the heart-wood, or with the
erevices not sufficiently scooped out 1 „

d. For each creeper within sight of the gird-
liug party not cut '. 1 anna.

No parties are to be engaged for the work wh
do not agree to the provisions of this rule.

15. In addition, to the girdling operations an
the cutting of creepers, all work necessary for tb
conservancy and improvement of the teak in th
forests is to be carried on at the same time an
a^K^ording to the forest work rules. But for thi
the wor^g parties will receive additional paj
meat. |

16. The officers appointed to conduct the giiij
ling operations are — I

1. — The superintending officer. j

2. — ^The revising officers. 3

3. — ^The goungs attached to working parties, j

17. There is to be one goung attached to
girdling party, the number of coolies in the p
not to exceed twenty. The duty of the goung
daily to inspect the work, to keep the daily
count of the girdling and forest work done.

611'

irescribed in schedule I, and to brand with the
arest hammer every tree that has been girdled.
)n completion of the work in one locality, the
;oung will close the daily work account, and re-
port to the revising officer.

18. Thiere is to be one revising officer to a
lumber of working parties, not exceeding four,
lis duty is to revise the work as soon as it is com-
pleted in one locality^ making at the same time
i forest survey of the forest tract according to
ihe forest survey rules. He will enter the results
>f each revision and forest survey in the form of
schedule II. He will determine tl»e fines due for
wrork not done in accordance with these rules,
and he will make the payments for the work re-
vised, deducting the amounts due on account of
6.nes. After the work in one locality is completed,
revised and paid for, he will appoint a fresh tract
to the working party.

The payment for the work done is to be made
personally by the revising officer, to each head
man and coolie separately, and each person will
sign the acquittance roll on the back of the daily
work account.

The revising officer will also enter the general
results of his revisions in one locality with the
amount paid for the work, and the amoimt deduct-
ed on account of fines, on the back of the daily
work account.

The revising officer will keep a journal of every
days proceedings. This with the revision and
forest survey reports, (schedule II,) and his daily
cash account, (cash book) in the usual form, to
which the daily work accounts, with acquittance
rolls are attached as vouchers, form his report,
which he will submit to the superintending officer
on completion of the work in one forest district,
or at such times as the superintending officer miay
direct.

612

SO. Tlie dufcies of the superintending office]
are, to instruct the revising officers, the goungs
attached to the girdling parties, and the girdling
parties themselves in their work, to examine and
check the accounts of the revising officers, to
furnish them with the funds required for their
operations, and generally to superintend the pro-
gress of the work.

21. The superintending officer will not allow
any fresh working party, or any new goung or
revising officer to commence work, without having
first gone with him through the forest where
the operations are to be conducted, and without
having selected and marked in his presence at
least fifty trees for girdling.

In like manner he will himself conduct the first
revision of the work, and not allow any revising
officer to attempt a revision, who has nt)t been
instructed in his work in the forest.

And after instructing all parties in theur work
he will, as often as possible, accompany the revis-
ing parties and countersign the revision report of
each revision at which he has been present.

23. In special cases the superintending officer
may permit first class trees to be girdled which
measure less than five cubit-s in girth, but he is
not permitted, without special authority, to devi-
ate from any of the other rules for the selection
of the trees to be girdled*

The number of trees under five cubits in girth,
girdled by his permission, and the reason for '
giving this permission must be recorded in the
column of remarks of the daily work account.

24. After completion of the work for the sea-
on, the superintending officer will prepare ab-
stract statements of trees girdled and forest work
done in each forest district in the form of sche-

613

dule III, and he wHl cause copies of these state-
ments to be entered in the goungway's registers
t>f the trees giMled and forest work done.

25i The reports which are to be rendered by
tlie superintending officer, on the gii^ling opera-
tions of the season, will consist of the following
documents : —

1. — ^The joutnal kept by the superintending
officer.

2. — The abstract statements of trees girdled
and forest work done.

3. — The abstract of eipenditure for girdling
operations and forest work exhibited under the
following heads : —

A. — Girdling and forest work.

B. — Work establishment.

C. — ^Tools and stores including conveyance.

D. — Rations to coolies including conveyance.

E. — Sundries.

This abstract will be rendered either monthly
or once at the close of the season.

The amount of this abstract for the season
must not exceed the amount sanctioned for the
work.

Tlie vouchers to A. are the daily work accounts
for girdling and forest work.

The vouchers for the other heads will be in the
usual form.

4, — Copies of the revision reports for girdling
and forest work.

5.— Sketch maps of such parts of the forests as
have been explored duriug the progress <:>f openi-
tious.

jr m

511
GENERAL BULES.

1. All timba passmg down the Salween and
Attaran rivers miist be reported at Kuddo reve-
nue station within wren dfl^ of its arrival ; failing
which, on disoovenr, it will be liable to pay dou-
ble duty before the timber is cleared.

2. Attaran timber to be declared for duty at
the Nantay station, where it will be passed. All
other timber to be declared for duly at Kuddo.

3. The report must contain full particulars
regarding the timber, its position at the station,
number and description of logs, their marks, &c.

4. Incorrect reports in which marks are omit-
ted, &c., will be severely dealt with, and will be
punishable by fine not to exceed 100 rupees, at
the discretion of the revenue officer.

Forms for the report can be obtained at the
station office on application. — (Schedule A.)

5. The reports wiU be open to public inspec-
tion for seven days before a certificate of r^ristry
will be granted. ^ ^

6. No timber to be passed without a certificate.

7. The following rates of duty are to be paid
before the timber can be allowed to leave the
station : —

The rate of daty per log of md abore 5 feet
girth, and of any length is for the Salween

river, (including Gyne, Ac.) Ba. 2 12 0

Bo. Attaran do. ... .„ ... „ 4 0 a

Stem pieces, ,,090

Ship crooks, „ 0 4 0

Boat do ,,010

Small do „ 0 Q 6

Timber under the standard of 5 feet girth will
be permitted to pass in the proportion of 10 per
cent, at half the above duty, with each raft of logs

515

^ the standard size, and simultaneously with such
jaft. Any timber under the standard, in excess
If this proportion, will be confiscated*

Timber under the standard size declared foreign
in affidavit will be measured and passed, and the
luty charged according to cubical contents at the
>ld rate of 15 per cent, valued at rupees 14 per

8. All timber which passes the limit of the
revenue stations without the pass marks of the
forest department, is liable to be seized and con-
fiscated without question or delay, unless it be
clearly sho^w to have been the result of accident,
when a fine only will be levied, not exceeding
1 rupee per log.

9. All duty must be paid and timber removed
within two years of its arrival or registration at
Kuddo, failing which it will be advertised and
sold to recover the duty and clear the dep6t ; any
surplus over revenue due being held in deposit
for the owner.

10. Timber which has been passed must be
removed within 20 days or be subjected to a fine
of 8 annas per log per day during one month ;
after which, if not removed, notice will given by
advertisement and the timber removed at the ex-
pense of the owner. If from any natural cause
beyond the control of tne owner, it is impossible
to remove the timber within the period named,
application should be made to the revenue officer,
who will pass special orders in the case.

11. The time for the removal of timber from
the station is from sunrise to sunset, and no tim-
ber must be removed at any other time without
special permission from the revenue officer, who
will judge of the necessity of the case. Breach
of this rule will be punished by fine not exceeding
50 rupees.

616

12. British timber will be passed by the tim-
ber revenue officer upon a certificate granted by
the forest officer.

13. Parties wishing to transact business
through agents must duly appoint these agents
as require^ by lav, by application at the revenue
office where the agent will be registered.

14. All timber on which marks have been
purposely obliterated by fire, or .otherwise erased
or defaced, will be liable to confiscation.

15. Government to hiave a lien on all timber
whether decreed by the Civil Courts or not, until
payment of all Government demands on the
timber hias beisn m^de,

16. Timber brought to the timber revenne
station is npt to be placed in any part of the
channel on tbe east side of Koutsing island called
Oungtheben or Gaudama bank. Any timber
found lying there will be removed at the expense
of the owner.

17. Parties desiring to have river frontage
allotted to theni at Kuddo for placing and col-
lecting their timber, must apply to the revenue
officer who will pass the necessary orders, The
portion allotted will be registered in the office
and must b^ renewed qn the first January of
every year.

18. In measuring timber the middle girth
must be taken.

19. The revenue officer, should he see cause
for so doing, may remit any of the fines imposed
by these rules, but must in every instance enter
the case in a book to be kept for the purpose at
the office, with his reasons for such renussion.

517

In cases of importance he will refer the matter
for the orders of the Conservator of forests.

20. Appeals from the decisions of the reve-
nue ofl&cer shall lie with the Conservator of for-
ests, and from the latter with the Chief Commis-
sioner.

21. Subordinates of the forest department,
^who commit a breach of these rules will be sub-
ject to the fines set forth therein.

22. The use of marking hammers on the Sal-
ween and other rivers within the British territory-
is strictly forbidden,

23. Any person found stamping or marking
timber will be prosecuted criminally under sec-
tion No. 193 or 207 of the Penal Code, as the
case may require.

24. Timber owners wishing to collect their
timber at Kyodan, must register their marks and
hammers at Kuddo*

25. After registration of timber it may be
stamped by purchasers at Kuddo,. but the marks
or stamps put upon it must be reported at the
revenue office to be entered in the original cer-
tificate, which should bear a complete record of
all marks on the logs entered in it.

26. A fee of rupees 10 must be paid for every
mark or hammer registered at the revenue office,
and a certificate wiU be granted on payment of
fee (as per form K.)

27. This registration to hold good for two
years, that is to say from 1st May in each year to
1st May of the second year, when parties are re-
quired to re-register their hammers either in per-
son or by duly authorized agent.

518

RULES

POR DRIFT TIMBER.

28. Parties who have salved timber must
bring it to the drift timber dep6t at Battery
point, reporting their having done so, with full
particulars, at the revenue office, where the
amount of salvage due will be paid to them on
the timber being taken charge of.

29. The following rates will be paid to salvors
of timber : —

For logs bronght into Battery point from

below Maulmain,

Above Maulmain and below Kuddo,

For logs salved above Kuddo if brought

lA^ ^^UlXlXVa ••« •• ••• «•• ••• ••• ••«

If salved at the bank of the river where

mMvY^Xa* ••• «•• ••■ •■• ••• »■« ■•• •••

rs. a.

30. Salvors of timber must give up the tim-
ber to such parties as the revenue officer directs,
on payment of the salvage due.

31. All drift and unclaimed timber to be con-
sidered the property of Government, unless proof
of ownership be given within the time provided
in rule No. 32.

32. Monthly notices will be issued of the
nxmiber of drift logs brought in during the month.
Three months will be allowed for claimants to
come forward and prove their claims after which
the timber will be considered the property of
Government, and nuiy be sold for the benefit of
Qt)vemment and recovery of salvage paid.

33. The rates of salvage to be paid to Govern-
ment on all drift timber collected by them will
be the same as those mentioned in rule 29, — with
the addition of such expenses for securing and

519

matching as may of necessity have been incurred
the timber.

34. Disputed claims may be referred to the
^evenue officer for decision; but it will be op-
Aonal for him to decide them or not as he may
ieem best. A decision must be come to, whether
by the Courts or otherwise, before the expiry of
3 months from issue of notice, when the logs arc
Liable to be sold or given over to first claimant
on payment of the salvage due.

35. The scale of salvage to be hung up in
every police station, or other Civil Court or of-
fice on the banks of the rivers.

36. Permits to parties wishing to pay salvage
for and collect their own drift timber will be
granted to reliable persons on application, (as
per form G.) These permits must contain the
marks which should be on the timber, and par-
ties will only be permitted to pay salvage and
take away such logs as bear their marks.

37. Logs found beached or aground below the
mouth of the Attaran and not in charge of any
person, will be considered to be, and be treated
as drift timber.

38. All drift timber will be taken to the Bat-
tery point drift timber dep6t, where it can be
inspected.

39. Claims for drift logs must be sent in with
full particulars to the revenue officer (as per
form H.)

POEM OF PROCEBUUE FOR REPORTING AND CLEAR-
ING TIMBER AT KUDDO REVENUE STATION.

1. On arrival of timber at Kuddo, it must be
reported within seven days of arrival, on form A.

520

2. The report containing full particulars ml
then be open lor public inspection for seven dayi
at the revenue office.

3. The timber will be registered as soon as
possible after arrival ; but no Certificate will be
granted until after seven days have elapsed firom
date of report. (Certificate as per form B.)

4. When duty is paid the certificate must be
taken to the revenue office. There a chelan
(form D.) for the payment of the amount of reve-
nue into the treasury will be filled in. On pay-
ment of the money a receipt in duplicate (form
E.) will be granted, which together with certifi-
cate must be produced at the Kuddo station. An
order as per form F. will then be given to pass
the timber.

5. This order must be given up to the goung
or peon when the timber is delivered over, to be
returned and finally filed in the revenue office.

FORM A.

AKRIVAL REPORT.

begs to report the arrival
at Kuddo on the 186 of

logs of timber of the description, and
bearing the marks mentioned below, and prays
that it may be stamped and registered, and a cer-
tificate granted according to custom.

The 186

521
FORM B.

REPORT NO.

Certified, that
reported and registered . logs

:>f teak timber as

property, bearing the undermentioned marks*

Sregiatered marks. ^Registered numbers.

and on which a sum of rupees is due on

account of timber duty which the said

agrees to pay within two years from
this, that is to say> on or before the day of

186 in acknowledgement of M^liich
lie has hereto attached his signature.

KUUDO,

Timber revenue office,
The 186

FORM D.

CHELAN.

Zillah Amherst province,
Register No. Accountant*s oflS^ce,

Chelan of cash

Dated 186 •

On account of duty on
Poreign Thoungyeen, for 186 -6
British do*

Karenee do»

Zamee do.

Drift do.

Confiscated do.

From timber revenue office,
by whom brought
• Cash bank notes totaL

522
FORM R

OFFICE RECEIPT ON PAYMENT OF REVENUE.

Receipt No.
Chelan No.
Rupees

Received from
on account of duty due to the timber revenue
department for logs of

teak timber,
the sum of rupees

Tlie 18fl .

PORM F.

PERMIT.

is permitted to remove the
within-named timber lying at
on which revenue duty has been paid.

No. of logs. Stamped Nos.

S". B. — ^Thifl document muBt be giyen up to the person who
deliven over charge of the timber, who will return it to th«
office.

('Far salvmff timber hy tlie owners ahove Kuddo.J

FORM G.

is permitted to pav salvage
on, collect, and take to Kuddo all logs which bear
the marks entered below in this permit.

Timber marks.

Krnix),

186 .

IfOTBt-^This permit is good only up to the Iflt January 186 ,

523

^Drift timber oUumJ

EORM U.

claims logs of

rlrift timber lying at as per

description and marks entered below.

Depdt No.

Descriptioii and
Na of loffB.

Marka.

Order* of revenue officer
and remarka.

Maulmain, 1

Tlie 186 . /

{Drift timber notice.)

rORM L

KOTICK.

logs of teak timber the owners of which
sire unknown, are now lying at the timber dep6t
Battery point. Any parties having claims upon
the same are requested to come forward and prove
their claims within three months from this date at
the revenue office, Kuddo, and after paying salvage
&c. upon the same to remove the timber.

No claim will be admitted after three months,
when the timber will be sold for the benefit of
Government.

18G •/ JLuistant OoMervator of Foreiti.

FORM K.

NOT TRAKSF£BABL£.
No.

Certified that has paid

rupees as fee for registering the

hammer as per fac-simile below.

K U D D o, \

Seyeuue station, >
The 186 • ) AsMtant Comervator ofForedi*

524
AMENDED BULES

FOR CrXTlXG IRON-WOOD IX ARAKAX.

8th August 1865.

1, All forests are under the immediate charge
of the Thoogyee (or Kyonoke) of the circle ii;
which they are situated, supervised hy the Myol
oke of the township.

. 2. Tlie felling of iron-wood trees helow foui
and a half feet girth (measured at three feet from
the ground) is strictly prohihited.

3, Parties requiring iron-wood timher will ap-
ply to the Deputy Commissioner of the district foi
a permit to fell the same ; the application to state
merely the number of trees required and in what
circle it is intended to cut them.

4, The Deputy Commissioner, on receipt ol
the application, will take a bond from the appli-
cants to pay liquidated damages, not exceeding
rupees 100, for each tree tmder girth that may be
cut down, and on receiving payment of the
amount of tax, calculated at one rupee for everr
tree, the Deputy Commissioner will issue a per-
mit for felling the trees*

6, Ordinarily no more than one permit will
bo granted for the privilege of felling iron-wood
trees in one circle; but more may be granted
provided the Deputy Commissioner can clearly
define the boundaries within which each permit
has force. For each separate tract or part of a
circle separate permits will be required, and no
single permit can have force at the same time iu
two circles,

6. A register of permits will be kept in the
Deputy Commissioner's ofiice in each district, and
a copy of permit granted will be forwarded to the
Thoogyee (or Kyonoke) concerned, to enable him
to keep a check on the cutters.

525

7. The permit will be in force till the 30th
^pril in each year, and any trees included in the
)ennit which have not been felled and taken
iway up to that date will revert to Government,
^ter a permit has lapsed the same person may
receive another for the same forest tract.

8. It will be the duty of the Thoogyee (or
Kyonoke) to see if the logs cut are undersized or
not, and for this purpose he will from time to
time, as necessary, personally inspect the same on
the spot where they may be felled, and he is held
responsible that any infringement of these rules
by the cutters is inmiediately reported to the
Deputy Commissioner of his district.

9, Wood-cutters are to be distinctly informed
by both the permit-holder for whom they work
and by the Thoogyee (or Kyonoke) of the circle,
of the mmxber of trees to be cut down, and wood-
cutters dishonestly cutting down more trees than
in the permit are subject to be proceeded against
according to law.

10. One half of all fines or damages paid un-
der these rules, will be payable under the orders
of the Deputy Conmiissioner to the Thoogyee or
other person by whom the inMngement of rule,
under which the fine or damage has been impos-
edy shall have been detected and brought to no*
tice.

PART VIIL-^MISCELLANEODS-

EXAMINATIONS.

The foUowing extracts from General Order No,
734, dated 9th September 1864, by His Execl-
lexicy the Governor General in Council having
reference to examinations in the vemaculai
languages of India, are published for general in-
formation : —

SECOND STANDAM).

* « « « « IF

Section 5. The object of the second standaxd
is to insure that officers passing it shall have ac-
quired such a knowledge of the Hindustani lan-
guage, as shall qualify them, so far as that
language is concerned, for general employment
on the stafiP, and for admission on the staff corps.

Section 6. To this end candidates will be
tested as to their ability ; — 1st, to read and con-
strue passages in books of ordinary difficulty in
Urdu and Hindi; 2nd, to make accurate and
idiomatic written translations from English into
Hindustani in both the Persian and Deva Nagari
characters ; 3rd, to read and translate petitions,
native letters, &c. in Urdu and Hindi ; 4th, to
converse with educated or uneducated natives of
India.

EXAMINATIOX IK LANGUAGES, OTHER THAX

HINDUSTANI.

Section 8. In addition to the foregoing ex-
aminations, there will be examinations for mili-
tary officers in the languages of India, other than
Hindustani, hereinafter mentioned.

5, — Burmese.

528

Section 0. The tests for examinations in anv
of these languages are to correspond with those
laid down for the examination hy the second
standard in Hindustani.

RULES

FOR EXAKINATIOX IN THE BURMESE LANGUAGE.

Dated Bangoon, 20th March I860.

With the sanction of His Excellency the Vi-
ceroy and Governor General in Council^ the fol-
lowing rules in supersession of existing regula-
tions on the subject of examination in the Bur-
mese language^ are published for general in-
formation :—

Prcwnbie. rj^Q revised rulcs are not intended to raise the

standard of the first examination beyond what
has hitherto existed, but to apply the rules on
the subject promulgated by His Excellency the
Governor General in Council, under date the 9th
September 1864.

There will be two standards of examination in
the Burmese language.

•

The object of the first examination is to ensure
that officers passing it, shall have acquired such
a knowledge of the Burmese language, as shall
qualify them, so far as that language is concern-
ei, for general civil employment in British Burma.

To this end candidates will be tested as to their
ability : —

1. To read and construe passages in ordinary
easy books in Burmese.

2. To show some acquaintance with the
writing and spelling of the Burmese language.

3. To read and translate petitions in Burmese.

4. To converse with a native of British Burma.

529

First. Translating with sufficient accuracy in or'^Swe/^^rtjld*
wrriting, not less than an ordinary octavo page of »wL
[^sitter's selections, viz., the Thoodamatsarie, Da-*
tnapada, and Pootsa Bageena.

Second. . To write from dictation in Burmese
not less than half a page of the book called the
Dama-that, or laws of Menu.

Third. Beading fairly and translating with
tolerable accuracy, a manuscript written in the
Surmese language. The manuscript should be
selected from the petitions filed in Court. It
shotQd be written 'wdth clearness, but in such a
manner as fsdrly and honestly to represent the writ-
ten characters, as practically employed amongst
Burmese in the province of British Burma.

Fourth. Conversing with the examiners, or a
native of Burma, M'ith sufficient correctness to l)e
intelligible.

Every candidate passing the above examination
ivill be entitled to a donation of 250 rupees.

The second examination will be similar in prin-
ciple, but more difficult in degree. It will super-
sede the Burmese portion of the examination
now held for junior officers of the Commission,
but it will be nec&^sary to pass it, before promo*
tion to a Deputy Commissionership.*

First. B/Cading fluently, and construing with Terta for second
readiness and accuracy an ordinary octavo page 2[^L"^*' '**^^'
of Latter's selections or Way-than-da-ya.

Second. Translating accurately, and with cor-
rectness of idiom, and granmiar, not less than
half an ordinary octavo page of plain English,

* TbeBe rules apply only to those officers who entered the Commis'
mon AFTSii the 20th u£ M^irch 1865.

o o

530

into language similar to that of Thoodamatsarie.
The translation to be written in the Burmese
character*

Third. Reading fairly, and translating readily
and correctly, a manuscript written in the Bur-
mese language. The manuscripts may be select-
ed from the proceedings of a case in Court, from
the reports, or petitions addressed to civil or mi-
litary authorities, from letters passing between
native Burmese in the ordinary course of busi-
ness, or from private correspondence. They
should not be written with the clearness of a
printed book, nor yet in a cramped or crabbed
hand, but in such a manner as fairly and honest-
ly to represent the written characters as practi-
cally employed amongst the Burmese in the pro-
A'ince of British Burma.

Fourth. Conversing with the examiners, or
with a native of Burma with fluency, and with
such correctness of pronunciation, grammar, and
idiom as shall be at once intelligible.

Every candidate passing the above examina-
tion, will be entitled to a donation of 500 rupees.

With the sanction of His Excellency the
Viceroy and Governor General, in Council, the
Burmese language is substituted for Persian as
regards the qualification of officers for civil-poli-
tical employ in British Burma.

The proceedings of Government No. 1484, of
5th December 1864, published in the Gazette of
Indiay page 947, of that year, prescribing that a
knowledge of the Persian language is essential
to the admission of a military officer for employ
in the civil-political department, will accordingly
have no force in British Burma,

531

The above examination will be held on the
L5tli of April and October, at Rangoon, under the
^residency of the Deputy Commissioner ; should
:hose dates fall on a Sundav, candidates will be
[examined on the day following.

KULES

lOll EXAMINATION IX THE KAREN LANOrAGE.

Dated Rangoon, 20th March 1865.

TVith the sanction of His Excellency the ^j^^^*^^*^r^ *^*^
Viceroy and Governor General in Council, the Sgau dialect of
following rules for examination in the Sgau ^® ^^^'^ ^*^'
dialect of the Karen language, are published for
general information : —

The candidate will be required.

1. To read and construe any portion of the
four gospels.

2. Read and translate a petition.

3. Converse T\dtli a native in the Sgau
tongue.

A donation of rupees 250 will be awarded to
the candidate who passes the above tests.

As occasion requires, special orders will be
issued for the assembling of committees to exa-
mine candidates in the above tests.

RULES

rOR THE EXAMINATION OF ASSISTANT SURGEONS
IX THE BURMESE LANGUAGE.

Dated Rangoon, 20th March 1865.

For the examination of Assistant Surgeons in Committee.
the Burmese colloquial, committees will be as-
sembled under the orders of the Commissioners
of divisions at their head quarter stations.

Terts.

632

Such committees will be composed of two offi-
cers who have passed an examination in Burmese,
and a medical officer of experience.

A paper will be prepared by the committee,
consisting of fifteen or sixteen sentences on sub-
jects of conversation that are likely to arise in
the particular intercourse of medical officers with
the natives, for which purpose a medical officer
is appointed a member of the committee, that he
may assist in framing the questions.

This paper will be prepared and read slowly to
the candidate by a member of the committee,
whilst another member will take down the trans-
lation made by the candidate. The candidate
will be expected to translate such paper with
readiness, correctness of idiom and tolerable accu-
racy of granmiar.

A donation of rupees 180 will be awarded to
whomever passes a successful examination.

In supebsession of all existing orders on the
subject, the chief commissioner directs
the adoftion of the following rules fob

THE EXAMINATION OF JUNIOR OFFICERS IN THE
COMMISSION OF BRITISH BURMA : —

Dated Rangoon, 9th April 1866.
First sundard. Twclvc qucstious OH the Codc of civil procedure.

Twelve questions on the Indian Penal Code and
Code of criminal procedure having reference to
the powers of a subordinate Magistrate of the 1st
class.

Twelve questions on the rules for the revenue
administration of the province, including abkaree.

533

Six questions on the circular orders issued from
the office of the Account General, British Burma.
In addition to this the candidate will be required
to draw up a brief summary of, and pass a judg-
ment on — a civil, criminal and revenue case.

This examination will be the same in nature, but ^®^^°^ ^^^^^'
Tvider in scope than the first or lower standard,
and will comprise the entire duties of a Deputy
Commissioner.

The questions will be taken from the Codes o '*
civil and criminal procedure, from the Indian
Penal Code, and from any other act having refer-
ence to^the province on — civil, criminal, revenue,
treasury or Police duties.

The central committee of examination, of which
the Commissioner of Pegu is ex-officio President,
assembles annually on the 15th October, at Ran-
goon. It prepares the examination papers, which
are forwarded by the President, under a sealed
cover, to each Deputy Commissioner under whose
orders the several candidates are, and at the close
of the examinations they are returned to him for
final disposal.

In their award the central committee will be
guided by the following ratio of marks : —

RATIO OP MARKS TO BE AWARDED.

very good,

» good, ...

} fair,

\ ordixuuy, ..

J indifferent,

i bad.

0 very bad,..

0 0

53 i'

Tests.

• Tho tiible below rxliil)its the number of niark«
allotted to each subjt»ct.

BXERCXSEa.

I Maximum I MisimniQ
of required to

marks.

Department.

pass.

» • • • » I

rivil questions,

(Criminal questions,

I.Yiminal case,

Jie venue questions,

Kc venue case,

Treanury questions,
Cieneral administration.

Total

Minimum required to- )
})a»9 whole examina

CA^'A^A vat ••• ••■ •

Civil.
CnminaL

Rercnac.

Treasury.
Administration.

Mark? obtained from 297 to 330 passed.

„ „ „ 331 to 363 passed with credit.

n „ f, 3G3 to 396 passed with great creilit.

RULES

roil THE EXAMINATION OF ASSISTANT SUPERIN-
TENDENTS IN THE POLICE FORCE OF BRITISH
BURMA, IN DEPARTMENTAL MATTERS, AND IN
THE BURMESE LANGUAGE — SANCTIONED BY GO-
VERNMENT OF India, Home Department, o\
THE 23rd June 1866, No. 2182.

On and after 1st Mav 1866, no Assistant Su-
perintendent will be promoted to Superintendent^
unless he has passed the following examination
in criminal law : —

(5) Five questions on the Indian Penal Code,
Act XLV of 1860.

(5) Five questions on chapters 4, 5, 6, 7, 8
and 9 of the Code of criminal procedm'e, Act XXV
of 1861.

** O "^

(5) Five questions on Act V of 1861, an Act
for the resriilation of Police.

(5) Pive questions on departmental procedure,
taken from circulars of the Chief Commissioner
and Inspector General of Police.

These exercises arc to be written. The twenty
questions will be given in English, and the can-
didate required to deliver in written answers in
EngUsh.

The questions on the Indian Penal Code will
refer to definitions of crime, and not to degrees
of punishment or matters more entirely judicial.

The number of marks allotted to each exercise
is noted in the following table : —

C> 4J> 1

••-4 Ui-

o o

old

£X£BC18£S.

t
a

Propoktion of marks.

-i

■i

fc» *^

5ludian Penal Code A.ct| )

XLVofiseo,

5 In chapters 4, 5, 6, 7, 8
and 9 Code of criminal
procedure Act XXV
Ox loOlf

6'Polioe Act— Act V of

XO^^A f •■• ••• ••• ••«

5'Departiucntal procedure.

Total..

I It

CO
54

}»

234

10
10

20
20

30l
30

60
60

117

156

195

234

Each candidate in order to pass must obtain at
least two-thirds of the aggregate number of marks
allotted for the entire examination, and must ob-
tain in each separate branch not less than one*
third of the marks allotted to that branch.

530

Those who obtain not less than two-thirds, bui
not more than seven-ninths, will be returned
simply as " passed ;" more than seven-ninths uf
to eight-ninths as " passed w^ith credit ;" more
than eight-ninths as " passed with great credit."

MAXIMUM NUMBER 234.

Marks obtained from 156 to 182 passed.

„ 183 to 208 passed with credit.

„ 209 to 234 passed with great credit.

On and after 1st May 1866, no Assistant Super-
intendent of Police will be promoted to Superin-
tendent who has not passed the following ex-
amination in the Burmese language, being the
third and fourth tests of the first standard laid
down in the rules, dated 20th March 1865 : —

The candidate will be required to read fairly
and translate with tolerable accuracy, a manu-
script written in the Burmese language. The
manuscript should be selected from the petitions
filed (on the criminal side) in Court. It should
be written with clearness but in such a manner
as fairly and honestly to represent the written
charact>ers as practically employed amongst the
Burmese in the province of British Burma.

The candidate will also be required to converse
with a native of Burma with sufficient correct
ness to be intelligible.

For passing this test in the Burmese language,
an Assistant Superintendent of Police will be
entitled to a reward of 125 rupees.

Assistant Superintendents who pass by the
first or second standard as laid down in th^ rules
for examination in the Burmese language, dated
20th March, wiQ be considered as having an ad-
ditional claim for promotion.

537
RULES

TOR THE EXAMINATrON OF THE KATIVE XTTRA
ASSISTANT CQMHISSIOKEKS IN BUITISH BtTRHA.

1. Any native of British Buxma, with the ez« 7«ati-
ceptions hereinafter mentioned, who may be ap*
pointed after the 1st January 1866, to be an
fiXtra Assistant Commissioner, wiU be so appoint-
ed on probation for six months, at the end of
which tmie he will be required to pass an exami*
nation in the following subjects, viz., five ques-
tions in : —

1. — ^Indian Penal Code.

2. — Code of criminal procedure, Act XXV of
1861*

3. — Code of civil procedure.
4. — Revenue rules.
5. — Surveying.

2. The examination will be held when requir-
ed, half yearly, on 1st January and 1st July, or
as near those dates as possible, at the head quarter
stations of Deputy Commissioners of the districts
in which the candidates are employed.

8. The questions will be secretly prepared by
Commissioners of divisions, and will be forwarded
sealed to the charge of the Deputy Comissioner
they are intended for. The papers mil be unsealed
in presence of the examination committee and of
the candidates. The questions will be written in
the Burmese language, for Burmese, and in the
Karen language, for Klarens, and the answers will
be inscribed by the candidates in the presence of
the committee in similar langua^ to the ques-
tions. No book of reference will be allowed.

4. The examination will be conducted by the
Deputy Commissioner of the district in which the
(candidates are serving, aided by one Assistant

538

Commissioner, and one senior Extra Assistan
Commissioner, (a Burmese or Karen if possible.
When no Assistant Commissioner is available
then by two senior Extra Assistant Commis
sioners. The marks will be awarded by the com
mittee, on examination of the written answers t<
the questions, and the papers will then be for
warded by the President to the Commissioner oi
the division with a report, who will forward then
to the Chief Commisioner with his own remarks.

5. The number of marks allotted to each exer-
cise is noted in the following table : —

Pboportiok or marks.

Exercises.

_•

Indifferent.

10
10

60 j

5' Indian Penal Code,

60 1

5 Code of criminal proce-
dure Act XX V oflSGl ,

Code of ciTil prooodure
Act XXI of 1866, ...

Revenue rules,

Surveying,

6
45

10
90

16
135

Total

270

ISO

225

270

6. Each candidate, in order to pass, must ob<
tain at least two-thirds of the aggregate number
of marks allotted for the entire examination, and
must obtain in each separate branch not less than
one-third of the marks allotted to that branch.

7. Those who obtain not less than two-thirds^
but not more than seven-ninths, will be returned
simply as " passed ;" more than seven-ninths, uw
to eight-ninths inclusive, as " passed with credit ;
more than eight-ninths, as "passed with great
credit."

» l» 19

539

Marks obtained from 180 to 210 passed.

„ 211 to 240 passed with credit.

241 to 270 passed with great credit.

The Conunissioner of the division will, for each
examination, specify the time to be allowed for
delivering in answers. If within the time so
a^llowed the answers are not ready, the candidates
will be returned as ^* not passed."

9. Sould the answers of any candidate not ob«
tain the number of marks required, the Commis*
sioner of the division may allow him a further
period of six months to prepare for a second exami-
nation. Should he fail to pass then, he must
vacate his appointment.

10. The Karen Myo-okes in Toung-oo and in
parts of the Tenasserim division, are exempted
for the present, and it will not generally be ne-
cessary for Myo^okes in any hill townships or
tracts to pass an examination. These rules are
only applicable to persons appointed to be Extra
Assistant Commissioners of the third class, or
Myo-okes.

RULES

TOR THE DISPOSAL OP DEAD BODIES IN THE CHIEF

TOWNS OP BRITISH BURMA.

Dated 18th September 1865.

1. In cases of dead bodies found, and in case^
of sudden, unnatural, or suspicious deaths, the
Police officer to whom it first becomes known will
immediately report thereon to the nearest station
house, from wluch place a guard will be placed
over the body, and an immediate report made to
the Inspector of the division. Thi^i guard must
be maintained until the body is removed.

2. The Inspector will make an immediate
personal report to the Magistrate and abide by

340

his orders, reporting at the same time t(^the As-!
sistant or Superintendent of Police.

3. Should the Magistrate decide at once to
see the body, the Inspector will accompany him ;
should the Magistrate be unable to proceed a^
once, he will direct an examination to be madd
by the Medical officer, during which the Inspec-
tor must be present. In either case he will then!
take down a minute description of the body, the
position in which it is foui^^ any wmmds oi* in-
juries that may be disoBrnable» and gain as much
information as possible regarding the circum-
stances attending death.

4. Under all circumstances the Injector must
he present when the Magistrate views tite body,
and he shall apply to the Magistrate for instruc-
tions aa to its disposal.

& Long exposure of the body k to be avoided,
and it is the duty of the PoHee when this may
app^ur likely to occur, to apply to the Magistrate
for permission to remove it to the dead house at-
tached to the dispensary. Until orders have been
granted by the Magistrate, it should be preserved
as much as possible in the position in which it
was originally found.

6. The following form will be entered at the
bottom of the memo, which is sent to the CivU
Surgeon in case of forwarding dead bodies for
examination : —

ITkme of

Rank, calUngor
oncanpatioQ.

CauBe of
death.

Date of
death.

BeligiaD.

The 1st, 2nd, 4th and 6th colunms should be
filled up if possible when the memo, h sent, it
hein^ understood tiiat nodebby in sohmitting ^e

541

ody for examination be allowed to arise there-
"om. And if the information cannot at once be
irnished, it is the duty of the Police immediately
;> make diligent inquiry for the particulars re-
uired, and to communicate them to the Medical
ifficer.

7. It is the duty of the Police Inspector to be
^resent at the hospital when the post-mortem
examination is made, (not necessarily in the dis-
secting room) with the manifest object of obtain-
ng the earliest information as to the cause of
leath.

Should more important duties prevent the In-
spector being present, he must direct an intelli-
gent subordinate Police officer to be there, ready
to bring the report as soon as the examination is
over.

It being understood that this latter course be
looked on as exceptional, and that except on
emergent occasions, the Inspector is to be present
in person.

8. At the conclusion of the post-mortem ex-
amination, there should be placed before the Civil
Surgeon making the same.

"L — ^The usual printed form of post-m(H*temi
examination report.

2. — If the subject is a Christian, a form of
certificate of cause of death — as given in para 6.
These the Civil Sui^eon should fiUin and give
over to the Police officer in attendance.

9. The Police offiicer should hand the first of
these to the Magistrate, and the second to the
clergyman or other person performing the burial
service, as a voucher from which the entry in the
burial register is to be made.

10. The body should on the conclusion of the
Suiqgeon'a examination be made over, if so desir-
ed, to the friends or relatives^ of the deceased^ or

542

if a pauper and no one to buiy him, the Policj
should arrange for the burial of the defunct in ^
decent but inexpensive way. The Magistrate, o^
the production of the voucher, paying over to th«
Police the amount of the expense, and charging
it to either the municipal fund or the Govern^
ment, as appears proper in each case.

GRANT-IN-AID RULES.

Rangoon, 15th November 1865.

The following revised rules for grants-in-aid in
Bengal have been sanctioned by letter from the
Secretary to the Government of India, home de-
partment. No. 2170, dated 22nd August 1864, as
applicable to British Burma, with the exception
of those printed in italics, which are subject to
modification according to the circumstances of
each school for which a grant may be sought : —

The local Government, at its discretion, and
upon such conditions as may soem fit in each
case, (reference being had to the requirements of
each district as compared with others, and to the
funds at the disposal of Gt>vernment,) will grant
aid in money, books, or otherwise, to any school
imder adequate local management, in which a
good secular education is given through the me-
dium either of English or the vernacular tongue.

2. In respect of any such school for which
application for aid is made, full information must
be supplied on the following points : —

Firstly. — ^The pecuniary resources, permanent
and temporary, on which the school will depend
for support.

Secondly. — The proposed monthly expenditure
in detail.

Thirdly. — ^The average number of pupils to be
instructed, specifying boys and girls.

543

Fourlhly. — ^The persons responsible for the ma-
nagement.

Fifthly. — ^The nature and course of instruction.

Sixthly. — Tlie number and salaries of Masters
nud mistresses.

Seventhly. — The nature and amount of aid
sought.

Eigthly. — The existence of other schools re*
ceiling aid within a distance of six miles.

3. Any school to which aid is given, together
with all its accounts, books, and other records,
shall be at all times open to inspection and ex-
amination by any officer appointed by the local
Government for the purpose. Such inspection
and examination shall have no reference to reli-
gious instruction, but only to secular education.

4. The Government will not interfere with
the actual management of a school thus aided,
but will seek, upon the frequent reports of In-
spectors, to judge from results whether a good
secular education is practically imparted or not ;
and it will withdraw its aid from any school
which may be, for any considerable period, un-
favorably reported upon in this respect.

5. In giving grants-in-aid, the foUowing prin-
ciples will be observed : —

(a) The Government will always endeavour
so to give its aid that the eflTect shall not be the
substitution of public for private expenditure,
but the increase and improvement of education.

(6) Grants toill be given to those schools only
(with the exception of normal schools and girls
schools) at which fees of reasonable amount are
required from the scholars.

{c) In no case will the Government grant
exce^ in amount the sum to be expended on a
school from private som'ces.

544

(r/) For schools educating up to the uhitci
sity entrance standard, the Government grant wi]
not, as a rule, exceed one-half of the incomi
guaranteed from local sources.

(e) Far other schools in which the expenditun
is more than rupees thirty per mensem^ the Go
vemment grant will not, as a rule, exceed twa
thirds of the ifwome guaranteed from local sources

(f) The proportional amounts ahove laid down
for Government grants are maxcimum amounts ;
and must not he assumed that the maximum will,
in all cases, and as a matter of course, be sanc-
tioned.

(^r) The conditions of every grant will he sub-
ject to revision periodically, at intervals of five
years, commencing from the date of sanction.

6. It is to be distinctly understood that grants-
in-aid T^-ill he awarded only on the principle of
perfect religious neutrality, and that no prefer-
ence will he given to any school on the ground
that any particular religious doctrines are taught
or not taught thereia.

The following clause of the rules for grants-in-
aid for building purposes in the Madras Presi-
dency are, under the authority of Government,
conveyed in letter No. 2857, dated the 21st Sep-
tember 1864, made applicable to British Burma :—

4th. That in the event of any building, to-
wards the erection, purchase, enlai^ement or re-
pair of which a grant may have been made by
Government, being subsequently diverted to any
other than educational purposes, the Government
shall have the option of purchasing the building
at a valuation to be determined by arbitrators,
credit being given for the amount of the grant
which may have been made by Government.

545
EULES

f OR t'ROfOSfei) SCHOOLS IN THE INTERIOE FBOMB
DISTRICT, FOR UrStRUCTIOJ? IN LAND MEASURING.

l)ated 7th February 1866.

•

1. Sdtools fbi* the insti^uction of Thoogyees,
tlieir sons, nephews and others, in land measuriug,
will be established at Thayetmyo, Yuatong, Ka-
pia, Mendoon, Shw6^dong« radoung^ Nyoiiiig-ben-
szeit, Pamathing, Engmah, Poungday, and Pouk
Kloung, as well as at the suddet station of Proti^.

2^ Each school tnll be conducted by a well
known land measurer, &s master.

3. The schools to be opened fifotn the begin-
ning of June to end of October in each year*

4; The masters to be paid out of the 5 per
cent, cess, at the rate of 45 rupees per month,
during the time the school is open.

5- The school to be under the supervision of
the Assistant Commissioner and Myo-okes, who
will inspect the school Weekly, entering their re-
marks in a book to be kept for the purpose, send-
ing a monthly report of the progress of the school
to the Deputy Commissioner of the district, who
will inspect them himself as opportunity oflfers.

e. The schools being established primarily for
the instruction of the Tlioogyees, their sons and
nepliews, all oth^r persons attending will pay a
fee of one rupee monthly.

7- Land measuring, arithmetic, and prepani-
tion and keeping of revenue returns will be taught
in these schools.

8. No Thoogyee who has passed in land mea-
suring, or who is above 30 years of age, will be
required to attends

5i6

9. A register of all pupils to be kept, and their^
progress report submitted monthly through the
MyO'Oke or Assistant Commissioner.

10. The school to be held in some zayat (^
other building that may be available ; books for
the use of the master will be supplied by the
Deputy Commissioner, to be returned at the end
of session.

11. At the end of session, such pupils as may
pass a successful examination will recetre a cer«
tificate from the Deputy Conmiissioner.

12. A special report on the working of all
the schools will be submitted at the close of the
session, with list of scholars, to the Chief Conmiis-
sioner.

MEMORANDUM

BT THE CHIEF COMMISSIONEB OF BRITISH BUBMA,
ON THE ISSUE OF HARRIAOE LICENSES, UNDER

Act V OF 1865.

Dated Rangoon, 1865.

In the licenses which are granted by the Chief
Commissioner, under part 5 of Act V of 1865,
authorizing certain persons to grant certificates
of marriage, it is important that the following
points should be fully understood : —

Fi/rst. — ^Those licenses only give authority io
issue certificates of marriage between Native Chris-
tians,

Second. — No other class of persons, such as East
Indians, Europeans, &c., can be married by per-
sons under authority of the said licenses.

Third. — ^The conditions in section 48 of the Act
must be complied with, and the regist^ book re-

547

[]^uired by section 51 in form accompanying, be
^tablished and kept up. A certificate is to be
given in the same form. A translation in the
vernacular language of each licentiate should be
tnade of the whole of part 5 of the Act, in order
that he may know his duties and obligations.

Attention is also called to section 39 of the Act,
which applies to registers under part 5.

Eorm of register of marriage under part 5 of
Act V of 1865, by

appointed to grant certificates of marriage from
the village of circle of

in the district of in British Burma.

Signature of the licentiate.

o |)

•si

s
5

o
o

•sy

Each person is to receive a certificate in this
form from the licentiate.

518
JILLES

XO BE OBSERVED BY TRAVBLLBBJ5 PUTTING TP AT
THE TBAVELLEK8 BUNGALOW, EANGOON^

Dated Rangoon, 6th July 1865.

ciuurges. 1. It having been ruled that the bungalow

shall be rapported entirely by loeal funds, the
Chief Commissioner has been pleased to direct
that the following charges be made for the use of
each suite of rooms, viz : —

B. A. p.

For 6 hours and under „ ^

Over 6 ,. „ ,, 12 hours ... „ 12
Over 12 „ „ „ 24 „ ... 1 8

•• n ^ »
n

2. That half the amount of the last charge, or
annas twelve, be levied from conductors, and all
warrant and non-conmiissioned officers and Ser-
jeants in military employ (other than regimental)
for each day or portion of a day, but that the
same charges as above be made for any portion
of the first days residence,

3. Every one making use of the bungalow is
required to sign the register on first entering, set^
ting down the date and hour of arrival, and also
that of departure on leaving,

4. Any one having resided for three days shall
vacate in the event of the rooms being required
by a new comer, provided that there be no other
accommodation availabl6, and that the person so
requiring is entitled to the use of the bungalow, and
in no case will any one be permitted to occupy
any suite of rooms over fifteen days, ei^cept in the
event of severe illness.

Penalties for 5. Any ouc wautouly disfiguring, or In any
breach of rule*, ^^^y injuring the fumiturc, walls or any portion

of the building, ground or out-houseS| shall be lia«

549

lo to a fine "not exceeding one hundred rupees,
rtd. in the event of the buildings or any ])ortion
liereof being destroyed by fire through the cul-
►able mischief, neglect or carelessness of .an occu-
>a.iit, he (or she) shall be made to suffer the full
penalty of the law.

6p Any one guilty of misconduct (such as
iminkenness, disturbing and annoying other oc-
cupants, &c., &c.) or breach of any of these rules,
^liall be liable to be summarily ejected.

7. It is the duty of the peon in charge of the Peons' dutieB,
bungalow to bring to the notice of the authorities

iEtny such misconduct or breach of rules.

8. The peon in charge shaU not demand any
gratuity for his services, and is bound to attend
to the wants and comfort of the occupants. It is
to be understood, however, that he is not to be sent
on any distant errands, his presence being at all
times reijuired at the bungalow,

9. A waterman and sweeper will always be
provided, on application in writing, by the peon,
at the expense of the person applying for them,
V^hich together with the charges for the bunga*
low, are to be paid to the peon in charge.

10. AH complaints against the attendants re- complaints how
garding the want of proper attention to the com- ^^e.*^ whom
fort of travellers, cleanliness, &c., &c„ are to be
addressed in writiiig to the cantonment Magis-
trate,

EULES

rOE THE WORKING OP STAMPING MACHINES

IN BRITISH BURMA.

Rangoon, 25th November 1866,

1, On every working day at 3 p.m., the Assist-
ant Commissioner or Extra Assistant Commis-
sioner, (or in their absence the Deputy Commis*

550

sioner) in cliai^c of the stamping machine, nii^
receive papers for impressment. On presentatioi^
of a chclan receipted by the bank for the amount
of duty paid into H. M/s treasury, he will im^
press the stamps required. The chelan to be
made out in the Deputy Conunissioner's office,
signed by the Assistant Conmussioner, and thei^
taken to the bank.

2. The officers in chai^ of stamping ma-i
chines at Maulmain and Akyab, will only impress
stamps on receipt of receipted chelans for the
duty, and on two days only in the week ; the said
days to be fixed by the Conmiissioner of division.

3. The officer in charge of the stamping ma-
chine will invariably, before affixing the stamps,
enter the transaction in the prescribed form of
register in his own hand.

4. All blank papers impressed, above the
value of one rupee, shall bear the attestation of
the officer in charge of the stamping machine.
This rule does not apply to printed forms.

6. On presentation of spoilt stamps, they will
first be entered in the prescribed form of renewal
register, and thereafter stamps to a like value will
be impressed on paper furnished by the appli-
cants. Officers in charge of stamping maoMnes
will take especial care in refusing to allow spoilt
stamps. The transactions and registers of the
same should be kept distinct.

6. At the end of each year the registers of
impressed stamps and of renewals of spoilt stamps
will be made over to the Head Accountant, for
the preparation of the annual accounts.

7. The dies will always, when not in use, be
under lock and key, the said key being always in
the possession of the Deputy Commissioner, As-
sistant Commissioner, or Extra Assistant Com-

651

nissioncr in cliarge of the machine, who will also
personally superintend the impressment of stamps,
illoioing no access to the dies, except in their pre-
sence.

PROVISIONAL UTILES

FOB THE GUIDANCE OP HEALTH OFFICERS.

Dated Rangoon, 14th March 1866.

1. The Civil Surgeon is ex-officio the health ^^«» ^^ ^^^
Officer. His duties do not extend heyond the

limits of the town and station for which he is
appointed.

2. For the present, and while no special estah-
lishment is available, the duties of the health
Officer will be confined to bringing to the no-
tice of the Magistrate, or of the Police, such in-
stances of breaches of the law connected with the
public health as he may deem advisable.

3. The state of the public drains, of latrines,
of the public markets, and the provisions sold
therein, the slaughter houses, the supply of water
for drinking and otherwise, and the manner in
which the conservancy officers do their duty, will
occupy his attention, and he will promptly take
measures regarding them, or any other points he
considers necessary, in the manner provided in
rule 2.

4. All cases of infectious disease, whether in
the town or shipping, should be promptly brought
to notice, and his recommendation thereon made
to the Magistrate.

5. In the case of cholera, he should report
forthwith whether he recommends that medicine
should be distributed at the Police stations and
other houses, for immediate use, or any other
measures adopted.

S52

G. All letters and refefenccs by tlip health
Officers will be made through the town Magistrate.

7. At the close of the official year, he will
make a report on the health of the town, and on
the measures which he lias taken during the year
either to prevent or to check disease, or to bring
to notice breaches of sanitary rules, together with
the results.

8. It of course is understood, as already order-
ed, that the remarks upon the birth and death
returns are to be separate from the health reports

RULES

rOR Tflt: REGISTRY OF BIRTMS A^CD Dt^ATHS 15

BRltlSH BURMA.

8th August 1865.

1. In each quarter of a town where a goung
exists, he will be responsible for recording the
births and deaths in the forms of register annex-
ed, (No«. 1 and 2). He should be supplied with
a register duly ruled for the purpose^

2. In each town where a registering clerk is
allowed and paid, that clerk should go round him-
self each quarter daily in rotation, and collect
from the goungs their records*

3. In large towns, and where sufficient funds
exist, the clerk may be allowed a piada to assist
in tliis work. The piada taking some quarters in
rotation and making the entries*

4. From the original returns furnished by the
goungs, the registering clerk will frame the regis-
ters of the births and deaths daily, and this will
be kept in the Magistrate's office.

353

5. At the end of each month the figures
diould be added up and inspected, and counter*
signed by the Magistrate or Deputy Commission-
er, as the case may be, and an abstract thereof in
English should be sent to the Civil Surgeon for
that officer's information.

6. Both the Deputy Commissioner and Magis-
trate, and the Civil Surgeon, should occasionally
take such measures as they deem fit to check or
test the daily statements.

7. At the close of the official year the pre-
scribed forms will be filled in, and submitted by
the Deputy Commissioner or Magistrate through
the CommissionQr, to the Chief Commissioner's
office. The Commissioner may however, if he
deems it advisable, have the returns sent to his
office more frequently.

No. 1.
Reirister of births within the town of

district of

for the month of

186

o P

' 2

«> ^ V 9»

,^ o ^ o

^ u
c 5

3 C8 «

Sex of child.

•

«4H

Male.

Female.

Date^

KoTE. — Still-borp births to be entered in both registers under the
■ametlate.

B r

554

No. 2.
Register of deaths within the town of

district of

for the month of

186

^ a ^

»§

■5-5 2:3
is

a X
•<• -*" «.:

« e« O

•SO a

Q d

4 3

Sex of

PERSON.

a
o

O 'J

RULES

POR THE MANAGEMENT OF THE KANGOON GENERAL

DISPENSARY.

1. That Europeans and natives shall be re-
ccivod into tlie Rangoon general dispensary, on
a requisition from any subscribing householder,
and a guarantee for the payment of all expenses
incurred, at a certain charge per diem for sub-
sistence.

2. That Europeans and natives in distress
shall be received gratis, and remain so long as
may be considered necessary by the medical offi-
cer in charge.

3. That all vessels visiting the port of Ran-
goon slmll have the option of sending their sick
into the Rangoon general dispensary for treat-
ment.

Oij;j

4. That any Commander of a vessel in port
bonding one or more sick into the dispensa«ry,
sliall pay an entrance donation, according to
tonnage, as follows : —

Below and up to 300 tons 10 rupees.

Above 300 and up to 600 tons 15 ,,

Above 600 and up to 1000 tons 20 „

Above 1000 tons 25 „

and this donation mnst be sent at the time ap-
]rilication is made, in the manner hereafter to be
mentioned, for his or their admission ; and this
donation is to be considered as holding good for
12 months and no more.

5. That application for the admission into tlie
dispensary, of any sailor or sailors, must be made
through the agent or agents of the vessels, ac-
companied by a guarantee from him or thc^m, for
pajTnent of all expenses*, on account of any sailor
or sailors of the said vessels.

G. That 48 hours notice sliall be given by
the agent or agents, of thi^ intended departure of
any A*essel, from which sailors have been sent in-
to the dispensary, failing which the agent or
agents shall be held responsible for the payment
of all charges incurred.

7. That the above notice shall be addressed
to the " Medical officer in charge of the dispen-
sary," at the dispensary, and to this Officer all
communications whatever must be also address-
ed.

8. That should any sailor or sailors be too ill
to join his or their vessel, on its leaving the port,
the agent or agents shall guarantee to defray all
such expenses as may be incurred on account of
the sailor or sailors so left behind, or discharged
from the vessel.

r>5G

9. That bedding, hospital clothing and furni-
ture, shall be provided by the institution.

10. That insubordination, or misconduct of
any kind in any patient, shall render him liable
to immediate dismissal from the hospital, provid-
vd such dismissal is not likely to endanger life —
his admission being on the imdarstanding tliat
lie will conform to the rules framed for the in-
ternal government of the instituion.

11. That the following rates of subsistence
money, exclusive of wine or beer — shall be
charged : —

Mates of vesseU, and Europeans in that *) 1 rupee S annas
sphere of lile ... ) per diem.

European uailops, and other Europeans ] , ,.

iu that sphere of life K ^^ ^

Native sailors, and other natives ... 8 annas per diem.

Pauper patients. 1. That all Europeans and natives in distress

shall bo admitted into the llangoon general dis-
pensarv, gratidtously, on a requisition from any
subscnbing householder, declaring the individual
to be in distress, provided the medical officer in
charge considers the case requires treatment, as
an in-door patient ; if otherwise, he will be borne
on the books as an out-door patient. Domestic
servants in employ will not be adnutted ^
panpei's.

2. That the charges for pauper patients shall
be included in the judicial contingent bill or hi-,
monthly abstract of the town Magistrate, who
will disburse the san^e to th^ Superintendent of
the dispensary ; a separate account being kept for
paying patients.

3. That there shall he a separate ward for
women and children, having no comfnUQIcation
with the general and marine wards,

557

t. That a committee of audit and general
lurposes be chosen as follows :• —

Phe Deputy Commissioner, as President, "^

Phe Magistrate (for the time being),
the Protestant Chaplain (for the time being),
rhe Catholic Chaplain (for the time being),
rhe Civil Surgeon (for the time being),
Aoid two gentlemen chosen from the mercan-
tile firms in Bangoon.

^Members.

5. The Sub- Assistant Surgeon in charge of the
^Rangoon general dispensary resides at the dispen-
sary, and attends to the out-patients daily at 8 a. m.

6. That one of the members of the committee
in rotation will be nominated, ^t each monthly
meeting, as visitor for the ensuing month. He
M'ill occasionally visit the dispensary, during his
tour of duty, and will enter any remarks that
may occur to him, in the visitor's book, kept for
that purpose in the dispensary, and which will be
submitted to the committee at each meeting.

BTJLES

POR THE MAKAGEMENT OF THE MAIJLMAIN

GENERAL HOSPITAL.

1, European and native seamen are admitted
into the general hospital on their bringing a re-
quisition for their admission according to the ac-
companying Form 1, signed by the Master or
mate of the vessel, with a reference accepted by
a house of agency at Maulmain, or by the Master
of the ship, for the discharge of their expenses.
Europeans and natives will be admitted to the
benefit of the institution on producing a guaran-
tee (Form No. 1) for the expenses in hospitalj
signed by an approved resident house-holder.

55.S

Fonn No. 1.
To the Civil Surgeon, Maulmain,

Sir, — Please to receive into the general

hospital, for medical treatment. All expenses 1
shall willinsrlv defray.

Date (Signed) A. B. B.

2. European and native sick, not belonging
to the public service, whether male or female,
M'ho mav be destitute and labor under diseases
requiring treatment in hospital, are receired into
the general hospital at the expense of Grovem-
ment.

ii. Persons of the above description desirous
of being a<lmitted into the general hospital, will
apply for that purpose at the hospital, where
they will be immediately examined by one of the
assistants attached to it, and admitted, if neces*
sary.

4. There is a dispensary attached to the in-
stitution for the purpose of supplying medicines
to indigent patients, who will receive advice and
medicines gratis, by presenting themselves at
7 o'clock in the morning.

5. European and native sick who are able to
defray the expense incurred by their remainini,'
in hospital, are charged according to the accom-
panying rates per day, for such time as they re-
main in hospital.

1. Commanders of venRels and Eu- 1 j.^^^^ 2 ncr diem
ropeans in that sphere of life, )

Mates of vessels and Europeans in] ,0 nerdlem

that sphere of life, ) ^P^®* ^^ ^^ "^'^^^

European seamen, ...1 rupee per diem.

Native seamen and other natives, ...8 annas per dien.

2. Every vessel sending one or more patients to hospital ,
will pay a donation according to tonnage, viz.

500 Tons and under rupees 10.

Tons 500 to 1000 and over rupoos 20.

In addition to the ordinary daily charges.

559

6. Natives paying their 8 annas a day, mIio
rvkSLy bo debarred by prejudice of caste from par-
tcxking of the diet furnished by the hospital, shall
receive a compensation of two annas, in lieu of
diet.

1. All bills for exj^enses incurred at the gen- Hcwpi^i biUa
ei-al hospital, will be presented regularly for pay- "^ ^*
mcnt on or before the 15t:i of each month.

2. If any hospital bills are required before the
sailing of a vessel, by the agents, \nth the view
of closing their accounts, two days previous inti-
mation must be given to that effect.

3. All correspondence having reference to the
above, to be addressed to the apothecary at the
institution.

5. If any seaman, from severe illness or other
cause is unable to proceed to sea with his vessel,
a deposit of one month's hospital expenses to be
made by the agent or commander.

6. Previous to the departure of a ship from
]\£aulmain, the commander, on application at the
general hospital, will be furnished with the an-
nexed certificate, to enable him to obtain his port
clearance.

Form No. 2.

Certified that there are no demands ai?ainst the
ship

Date (Signed) A. B.

ApoUiecari/^ general hospital.

SALE OP MEDICINES TO THE PUBLIC AT MAULMAIN.

Consequent on the closing of the private dis- Preamble.
pensary in the town in August 1863, the Chief
Commissioner British Burma was pleased to sanc-
tion the issue of medicines (to those not entitled
to receive them gratuitously) on payment.

5G0

General ruict. J Mcdicincs wiU be issucd on the prescrip-
tion of a medical officcri or on parties applying at
the dispensary.

2. Medicines are not to be supplied in bulk,
for example, no one will be entitled to demand
an ounce of rhubarb, or an ounce of calomel or
of tartar emetic.

3. The system of credit will not be allowed,
all medicines will be paid for on delivery, accord-
ing to the printed tanff attached.

4. Phials, bottles, pots, &c., will be charged
for separately.

5. All money realized for the sale of medi-
cines to be deposited in the Government treasury,
and credited to the Maulmain general hospital.

POR ADULTS.

TtaiSotchargm. SiDgle draughts S

Mixture ... ... per doeo ... 4

Drops of liquid arsenic, bydr.

bichlorid, &c., per dose ... 2

Pills — 1, 2, or 3, if one dose... ... per dose ... 3

Pills — aperient, or other of one kind, per dozen ... 8

Powders ... ... ... ... per dose ... 4

Powders, if more than 1 and not more than 4 of

the same kind in 1 packet ... ... ... 8

J3ii8iers, ... ... ... ... ... ... ^^

Enemata, ... ... ... ...(one rupee)... 16

Lotions or injections, per 4 oz. or less, ... ... 8

Castor oil, per i pint of 10 oz. ...(one rupee)... 16

(if the same can be spared) or 1 oz. ... ... 2

Liniments ... ... ... ••• per oz. ... 6

Poultices, common, with bandage ... 4

Dressing wounds and ulcers, generally ... ... 8

Camphor, jalap, goulard wash, and

suchlike ... ... ... per 8 oz. ... 4

Simple ointment. Turner's cerate

or resin ointment ... ... per oz. ... 6

Mercurial ointment, iodine and other

expensive ointments ... ... per oz. ... 12

561

Vfjv children under 12 years of age, one-half of the above
charges for draughts, mixtures, powders, pills, blisters and
enemata.

Jt is distinctly to be understood that only ordinary medi-
cines are to be supplied at these rates, and that prescriptions
eomposed mainly of quinine, morphia, nitrate of silver, Sarsa-
parilla, or any other expensive drug, will be charged for at
the discretion of the Superintendent of the dispensary, at
double rates.

R U L E S

FOB THE AKYAB GENKRAL HOSPITAL*

22nd January 1864.

1. European and native seamen are admitted
into the general hospital on their bringing a re-
qmsition for their admission according to the
form 1, signed by the Master or the mate of their
vessels, with a reference accepted by a house of
agency at Akyab, or by the Master of their ship,
for the discharge of their expenses. Europeans
and natives will be admitted to the benefit of the
institution on producing a guarantee (form No. 1)
for their expenses in hospital, signed by an ap-
proved resident house-holder.

Eorm No. 1.
To the Civil Surgeon, Akyab,

Sir, — Please to receive into the general

hospital for medical trea.tment. All expenses I
shall willingly defray*

Date (Signed)

2. European and native sick, not belonging
to the public service, whether male or female,
who may be destitute, and labour under diseases
requiring treatment in hospital, are received into

S 4

&62

the general hospital. They Will be clothed and
victualled while so kept in hospital at the expense
of Government.

3. Persons of the above description desirous
of being admitted into the general hospital, vnH
apply for the purpose at the hospitali where thejr
will be immediately examined by one of the as-
sistants attached to it, and admitted if necessary.
A certificate will be prepared by the Surgeon or
his assistant, for the sanction of the IMCagistrate
in chaise of the town or district, or of the Police
Superintendent, and any one of their signatures is
to be considered a sufficient authority for the re-
ception of patients.

Form No. 2.

I do hereby certify that the following person
having applied for assistance at the general hospi«
tal, and D^ng carefully examined, is considered a
fit object for admission, subject to the approval of
the Commissioner : —

Dsleu

Name.

Rank or
doici^itioB*

Reaiafka.

Countersigned by order CivU Surgeon.

4. There is a dispensary attached to the insti-
tution for the purpose of supplying medieines to
out patients. All applicants by ^nresenting them-
selves at the institution from 6 to 8^ o'clock in
the morning, will receive advice and medicines
gratis from the Civil Surgeon.

6. European and native sick, who are able to
defray the expense incurred by their remaining
in hospital, are charged according to the accom-
panying rates per day for such time as they re-

568

main in hospital. Domestic servants are to be
c3oiisider6d as belonging to this class.

BS. A. F.

Commanders of ships and Europeazis in

that sphere of life, 2 0 0

Mates of ships,

Seamen,

Katives,

#••

...14 0
...10 0
... 0 4 0

6. Natives paying their four annas, who may
l3e debarred by prejudice of caste from partaMng
of the diet furnished by the hospital, shall re-
ceive a compensation of two annas in lieu of
diet.

RULE8

POK THE PAYMENT OP GENEBAL HOSPITAL BILLS.

•

1 . All bills for expenses incurred at the general Hospital biiia
hospital will be presented regularly for payment ^^ ^^

on or before the 5th of each month, with the fol-
lowing exertions : —

2. Bills against Commanders of ships for ex-
penses incurred on account of their seamen at the
hospital, may, at the option of the Civil Surgeon
and on their request, be presented in one sum be-
fore the ship saUs, instead of monthly.

3. K any hospital bills axe required before the
sailing of a vessel by the agent, with the view of
closing their accounts, four days previous intima-
tion must be given to that effect.

4. All correspondence having reference to the
above to be addressed to the sub-assistant Sur-
geon at the institution.

5. All parties who are responsible for the pay-
ment of expenses incurred ai the general hospital,
refdsing to liquidate them, are hereafter to forfeit
all claims to the benefit of the institution.

56*

6. Previous to the departure of the ship from
Akyab, the Commander, on application at the
general hospital, will be furnished with the an-
nexed certificate, to enable him to obtain his port
clearance.

Form No. 3.

Certified that tliere are no demands against th^
Ship

Date

(Signed)

BaSSBIN charitable niSPENSAEY, SUPPORTED BY

grovernment and voluntary contributions.
Established in January 1865, for gratuit-
ous medical aid to the sick poor.

RULES
for the management of the dispensary,

Bassein, 28th Eehruary 1865.

1. That a committee of audit and management
will he as follows : —

Ux-officio,
The Deputy Commissioner, President.

Members,
The Protestant Chaplain,
„ Catholic „

„ C\\i\ Surgeon,

Two gentlemen from the mercantile firms in
Bassein.

2. That the Civil Surgeon will attend at the
dispensary daily at 7-30 a. m., to give gratuitous
advice and medicine to the poor in attendance.

565

3. That a native doctor will reside at or near
the dispensary to attend to applicants for relief at
all hours of the day or night.

4. That the committee of management will
meet at the institution on the 1st Tuesday in
every month, at 7-30 A. M., for the audit of ac-
counts and other business, and will nominate one
of their number as visitor for the ensuing month,
who will occasionally visit the dispensary during
his tour of duty, and enter any remarks he wishes
in a visitors' book kept for that purpose, to be sub-
mitted to the committee at each meeting.

5. That Europeans and natives in distress will
be admitted gratis, and remain as long as may be
considered necessary by the medical oflB.cer in
charge.

6. That bedding, clothing, furniture and all
necessaries for then- treatment will be provided at
th^ expense of the institution.

7. That although the special piurpose of the
dispensary is to afford medical aid gratuitously to
the sick poor of Bassein, its accommodation will
be open to all cases sufficiently serious in their
nature to require hospital treatment, it being dis-
tinctly understood that patients who are able to
pay, must do so according to a scale of charges
laid down in rule 12, or furnish a guarantee to
that effect firom a house-holder prior to admission.

8. That in the case of seamen belonging to
ships in port, a donation (varying in amount with
tonnage) to the fund of this charity must accom-
pany a guarantee from the agents, not merely for
the expenses incurred by such patients while their
ships remain in port, but for three months after-
wards, if any of them continue too ill to be removed
at the time of theu- ships' departure. The dona-
tion, which must be sent at the time applicatiou
for admission is made, and is to be considered as

566

holding good for twelve months and no more, wil
iraiy as follows : —

Below and up to 300 tons, rupees 20

Abore 300 to 600 ,, ,. 30

600 to 1000 „ ^ 40

„ 1000 „ « 50

9. That forty-eight hours notice must be giren
by the ships' agents of the intended departure ol
any vessel from which sailcn-s have been sent into
the dispensary, failing which, said agenis will be
held responsible for all charges incurred*

10. That the above notice nmst he pddresseq
to the medical ofBicer in charge at the d^spensair,
whither and to whom all communicationfi what-
ever relating to the dispensary must be addressed.

11* That insubordination, or misconduct in a
patient, shall render him liable to immediate dis-
missal from the institution, provided such dis-
missal is not likely to endanger life ; his admis-
sion being on the understanding that he will cos-
form to ito rules.

12. That the foUowiag fihall be tibe rates of

charge for payii^ patients, exclumve of wine,

rqnrits a,nd beer : —

as. 1. r.
ICates of veaaels and Enropeans in

that sphere of life 18 0 per dieot

European sailors and Europeans... .1 0 .0 „

Native sailors and other natives ... 0 8 0 „

13. That the charges for pauper patiente ^iiaU
be included in the judicial cont^ig^Qt bill or
bi-montMy abstract of the district Mi^trate, wiio
will disburse the same to the supermtendent of
the dispensary, a separate account being kqst for
the charges tm account of paying patients.

5e7

RULES

POR TH£ MANAGEHEKT OF THE FBOME
CfiAEItABliE DISFENSABY.

1. A committee of Audit and general purposes
s constituted as below : —

J. Ux'Officia.

The Deputy Commissioner of Prome» as Bre«
lident.

. The Superintendfflit of Police.

The Extra Assistant Commissioner.

The Civil Surgeon^ aft Secretary and Treasurer^

Any two subscribers (Europeans or natives of
Burma or India) who may be chosen as members
by the votes of the other members of the com-
mittee.

2. The conmiittee will assemble at the insti-
tution ordinarily once a month, (first Tuesday),
for the accounts and transaction of other business,
three to form a quorum.

3. A record will be kept of the proceedings
held at each meeting, which should be signed by
those present.

4 The accounts are to be balanced every
month, shewing the amount of cash in hand.
These, together with such half yearly and annual
statraients, as may be required by Government,
should be made out by the ex^fficio Secretary^
who will keep copies of the same, and of sudi
letters, bills, reports, returns, &c., as he may have
fttfm time to time to prepare.

5. One of the resident members of the com-
mittee in rotation will be nominated at each
meeting as visitor for the ensuing month. He
will occasionally visit the dispensary during his
tour of duty, and will enter any remarks that

568

may occur to him in the visitors' book kept h
that purpose in the dispensary, and which wit\
the accounts will be submitted to the coiumittei
at each meeting.

6. The Civil Surgeon being ex-officio medicaj
superintendent of the dispensary, will attend daflji
at the dispensary, for the examination and recep-
tion of patients, at such hour as may be fixed by
him, any change therein being notified for public
information.

7. The native doctor will reside at or near
the dispensary, so as to attend to applicants for
relief at all hours of the Jay or night.

8. Patients will be classed as below : —
1. — Out-door dispensary patients.

2. — In-door hospital patients, viz, — •

a. Pauper.

b. Paying.

9. All persons applying for advice or medi-
cine at the dispensary in person, will receive such
gratis from the Civil Surgeon as out-door pa-
tients.

10. Sick Europeans and natives, whether male
or female, (not belonging to the public service),
who may be destitute and are laboring under
diseases requiring treatment in hospital, will be
received gratuitously as in-door pauper patients,
and remain so long as may be considered necessa-
ry by the medical officer in charge, provided he
shall certify in each case that it is one requiring
in-door hospital treatment. They wiU be cloth-
ed and victualled while so kept in hospital, free of
charge. The charges for such pauper patients will
be included in the judicial contingent bill, or bi-
monthly abstract of the district Magistrate, who
will disburse the same to the superintendent of
the dispensary, a separate account being kept for
paying patients*

569

11. Persons of the above description desirous
of being admitted into the dispensary hospital, will
apply for the purpose at the hospital, where they
will be immediately examined by the native
doctor attached to it, and admitted if necessary.
The expenses incurred on account of the pauper
patients, will be passed under a certificate pre-
pared by the Civil Surgeon, with an order of ad-
mission in each case subscribed by the Deputy
Commissioner or Extra Assistant Commissioner.

Form 1.

I do hereby certify that the following person
having applieii for assistance at the dispensary
liospital and been carefully examined, is consider-*
cd a fit object for admission as a pauper patient,
subject to approval.

Date.

Namd.

Descfiption.

X/lSOaoC*

Remarks.

The above person having been satisfactorily
ascertained to be entirely destitute, will be receiv*
ed as a pauper patient accordingly.

(Sd.)

Civil Surgeon.
(Sd.)
Ass^istant Commissioner.

12. European and native sick who are not
indigent and are able to defray the expenses in-
curred by their remaining in hospital, will be
received into the dispensary hospital on a re-'
quisition from any subscribing house-holder, and
a guarantee for all the expenses incurred; do-
mestic servants are to be considered as belouffinsr
to this class.

T t

570

From

To the Civil Surgeon,

Prome,

Sir, — Please to receive into tiic

hospital for medical treatment^ all expenses I
shall willingly pay.

Date (Signed)

These will be chained on account of subsistence
for such time as they may remain in hospital, as
follows : —

European, from 1 to 3 rupees per diem, ac-
cording to their sphere of life.

Native, 8 annas per diem.

13. Bedding, hospital clothing and fiirniture,
will be provid^ by the institution.

14. Insubordination or misconduct of any
kind in any patient, will render him liable to im-
mediate dismissal from the hospital, j^rovided that
such dismissal is not likely to endanger life ; his
admission being on the understanding that he
will conform to the rules framed for the internal
government of the institution.

15. Bye-rules for the internal government
of the hospital will be drawn out from time to
time (desirable) by the Civil Surgeon in chaise,
and a copy pasted in the dispensary hospital
after approval by the committee.

16. Separate registers will be kept for out-door
and in-door patients ; and pauper patients are to
be kept apart from those who pay. Separate ^
wards in each case being provided for women '\
and children, having no conmiunication with the ^
general wards.

571
RULES

T'OR THE MANAGEMENT OP THE THAYET-MYO

CHARITABLE DISPENSARY.

1. A committee of audit and general purposes
IS constituted as below : —

I. JEx'Officio.

The Deputy Commissioner of Prome, as Pre-
sident.

The Assistant Commissioner, Thayet-myo.

The Civil Surgeon, as Secretary and Treasurer.

IL Honorary,
The Established Church Chaplain, Thayet-myo.
The Catholic do. do.

III. Non-officials.

Any two subscribers, (Europeans or natives of
Burma or India,) who may be chosen as members
by the votes of the other members of the com-
mittee.

2. The committee will assemble at the institu-
tion, ordinarily once a month, (first Tuesday), for
the accounts and transaction of other business,
three to form a quorum.

3. A record will be kept of the proceedings
held at each meeting, which should be signed by
those present.

4. The accounts are to be balanced every
month, shewing the amount of cash in hand.
These, together with such half yearly and annual
statemente, as may be required by Government,
should be made out by the ex-officio secretary,
who will keep copies of the same and of such
letters, bills, reports, returns, &c., as he may have
from time to time to prepare.

5. One of the resident members of the com-
mittee in rotation will be nominated at each meet-

572

ing as visitor for the ensuing month. He will occa-
sionallj visit the dispensary during his tour of
duty, and will enter any remarks tluit may occur
to him, in the visitors' book kept for that purpose
in the dispensary, and which with the accounts,
will be submitted to the committee at each meet-
ing.

' 6. The Civil Su^eon being ea^-offido medical
superintendent of the dispensary, will attend daily
at the dispensary for the examination and recep-
tion of patients at such hour as may be fixed bv
him, any change therein being notified for public
information.

7. The native doctor will reside at or near the
dispensary, so as to attend to applicants for relief
at all hours of the day or night.

8. Patients will be classed as below ; —

1. — Out-door dispensary patients.
2. — In-door hospital patients, viz. —

a. Pauper.

b. Paying.

9. All persons applying for advice or medicine
at the dispensary in propria person^ will receive
such gratis from the Civil Swgeon as out^door
patients.

10. Sick Europeans and natives whether male
or female, (not belonging to the public service),
who naay be destitute and are laboring imder
diseases requiring treatment in hospital, will be
received gratuitously as in-door pauper patients,
and remain so long as naay be considered necessa-
ry by the medical officer in charge. Provided he j
shall certify in each case that it is one requiring
in-door hospital treatment. They will be clothed i
and victuaUed while so kept in hospital, fi'ee of ^
charge. The charges for such pauper patients
will be included in the judicial contingent bill or

573

bi -monthly abstract of the district Magistrate, who
» ill disburse the same to the superintendent of
the dispensary. A separate account being kept
for paying patients.

11. Persons of the above description desirous
of being admitted into the dispensary hospital,
will apply for the purpose at the hospital, where
they will be immediately examined by the native
doctor attached to it, and admitted if necessary.
The expenses incurred on account of the pauper
patients, will be passed imder a certificate pre-
pared by the Civil Surgeon, with an order of
admission in each case subscribed by the Assistant
Commissioner of Thayet-myo,

Form 1.

I do hereby certify that the following person
having applied for assistance at the dispensary
hospital and been carefully examined, is consider-
ed a fit object for admission as a pauper patient
subject to approval.

Date.

Name.

Description.

Disease.

Remarkfl.

The above person having been satisfactorily
ascertained to be entirely destitute, will be receiv-*
ed as a pauper patient accordingly.

(Sd.)

Civil Surgeon.
(Sd.)

Assistant Commissioner.

112. European and native sick who are not
indigent and are able to defray the expenses in-
curred by their remaining in hospital, will be
received into the dispensary hospital on a requi-
sition from any subscribing house-holder^ and a

574

guarantee for all the expenses incurred ; domes-
tic servants ai^e to be considered as belonsrinsr to
this class.

From

To the Civil Sui^eon,

Thayet-myo.

Sir, — ^Please to receive into the hospi-

tal for medical treatment^ all expenses I shall
willingly pay.

Date (Signed)

These will be charged on account of subsist-
ence for such time as they may remain in hospi-
tal, as follows : —

European, from 1 to 3 rupees per diem, accord-
ing to their position of life.

Native, 8 annas per diem.

13. Bedding, hospital clothing and fumitui'c,
will be provided by the institution.

14. Insubordination or misconduct of any kind
in any patient will render him liable to immedi-
ate dismissal from the hospital, provided such
dismissal is not likely to endanger life ; his ad-
mission being on the understancUng that he will
conform to the rules framed for the internal go-
vernment of the institution.

16. Bye-rules for the internal government of
the hospital will be drawn out from time to time
(desirable) by the Civil Surgeon in charge, and a
copy pasted in the dispensary hospital after ap-
proval by the conmiittee.

16. Separate registers will be kept for out-door
and in-door patients, and pauper patients are tobe |
kept apart from those who pay. Separate wards ^
in each case being provided for women and child- j
ren, having no communication with the general ^
wards*

575
RULES

FOB. THE MANAGEMENT OF THE TOUNG-OO
GENEBAL DISFENSAKY.

1. Europeans and natives will be received into
the Toung-oo general dispensary, on a requisition
from any subscribing house«holder, and a guaran-
tee for the payment of all expenses incurred, at
a certain charge per diem for subsistence.

2. Europeans and natives in distress will be
received gratis as long as subscriptions in aid will
permit.

3. Bedding, hospital clothing and furniture,
will be provided by the institution.

4. Insubordination, or misconduct of any
kind, in any patient, will render him liable to
immediate dismissal from the hospital, provided
such dismissal is not likely to endanger Ufe ; his
admission being on the Lderstanding that he
will conform to the rules framed for the inter-
nal government of the institution.

5. Natives, at 4 annas per diem.

6. All persons applying for advice or medi-
f cine at the dispensary in propria person^, and re-
' presenting themselves to be unable to pay for
I the same, and nothing being known to the con-
trary, may have medicine or advice issued to

them without payment.

i 7. All Europeans and natives in distress will

' be admitted into the Toung-oo general dispensa-

ry, gratuitously, on a requisition from any sub-

( scribing house-holder, declaring the individual to
be in distress, provided the medical officer in
I charge considers the case requires treatment, as
an in-door patient ; if otherwise, he will be borne

576

on the books as an out-door patient. Domesti^
servants in employ, will not be admitted as paa"
pers.

Charges for pauper patients will be included
in the judicial contingent bill or bi-monthly ab-
stract of the district Magistrate, who will disbursn
the same to the superintendent of the dispensary
A separate account being kept on account of pav-
ing patients.

9. There shall be a separate ward for womer
and children, having no communication with th.
general \vards.

10. A committee of audit and general pur-
poses is chosen as follows : —

Deputy Commissioner, President.

Members.
Protestant Chaplain.
Catholic Chaplain.
. Civil Surgeon.
Two officers chosen from the cantonment.

11. The Civil Surgeon being ex-officio Medical
superintendent of the Toung-oo general dispen-
sary, will attend daily at the dispensary at an
hour which will be fixed by him, for the examina-
tion and reception of patients.

12. One of the members of the committee in
rotation will be nondnated At each monthly meet-
ing as visitor for the ensuing month. He will
occasionally visit the dispensary during his tour
of duty, and will enter any remarks that may
occur to him in the visitors' book, kept for that
purpose in the dispensary, and which will be sul>-
mitted to the committee at each meeting.

67r

UULES

FOR THE MANAGEMENT OF THE HENZADAH AND

MYAN-OUNG DISPENSARIES.

1 . Europeans and natives vill be received in- Paying patients
;o the Henzadah and Myan-Oung dispensaries on ^^^ ^^c^^ved.
I requisition from any subscribing house-holder,
ind a guarantee for the payment of all expenses
ncurr^ at a certain charge per diem for subsist-
ence. ^

, 2. Europeans and natives in distress will be P»npw patients.
received gratis, and remain so long as may be
considered necessary by the medical officer in
charge.

3. Bedding, hospital clothing and furniture Bedding, &c.
will be provided by the institution.

4. Insubordination or misconduct of any kind Miaconduct.
in any patient will render him liable to immedi-
ate dismissal from the hospital, unless such dis-
missal endangers his life ; his admission being on

the understanding that he will conform to the
rules framed for the internal government of the
institution.

5. The following rates of subsistence money Subsistence
will be charged :— '"^''"y-

Mates and engineers of vessels, overseers and
clerks, 1 rupee per diem.

Natives, 4 annas per diem.

6. All persons applying for advice or modi- . Advice and me-
rine at the dispensary in proprid persond may to whomr°*^*^"
have medicine or advice issued to them without
payment.

7. All Europeans and natives in distress will Pauper patients.
1)C admitted into the Henzadah and Myan-Oung
dispensaries gratuitously on own application, or on
a requisition from any subscribing house-holder,

U n

678

declaring the individual to be in distress, providd
the medical officer in charge considers the cage
requires treatment as an in-door patient ; if othern
wise, he will be borne on the books as an oiit-dooii
patient. Domestic servants in employ will iiot1)d
admitted as paupers.

Expenses of 8* Charges for dieting pauper patimits will
PMper patients, jj^^j^^^ ^ ^ Separate biU and adjusted in th

Magistrate's contingent bill.

Women and 9 There shall be a separate ward for women
'i"^- and children, haying no cLmonieatioii with the

general ward.

Committee* 10. A committec of audit and general pur-
poses is chosen as follows : —

HEyZABAH.

Deputy Commissioner, President.

Extra Assistant Commissioner.

One gentlemau or respectable native of the
station.

Two to form a quorum.

MVAX-OUNG.

Deputy Coumiissioner, President.

Me^nhers.
The Assistant Commissioner-

The Superintendent of police.

The Medical officer.

One respectable native.

Three to form a quorum.

Visits of the H. The medical officer in charge will attend
medical officer. ^^ ^j^^ dispensary daily for the examination and

reception of patients, and as often during the day
as his presence may be absolutely required.

■^

■si

^1
I'

lil
9

FTTrPfTTT

4U ll ^'

S
ll

APPENDIX.

CIRCULAR No. 199.

Dated lOtli December 1866,

The Chief Commissioner has ruled, that when P'^iice when
available, policemen shall be employed in serving empioywi in^serv^
processes in petty criminal cases in the Courts of ^8 processes,
British Burma.

The tulabana accruing from the service of such
processes in petty criminal cases, vide page 102,
shall — when the work is performed by a police-
man— ^be payable to the Police Superannuation
fund.

The policeman serving the process is however
entitled to his boat hire, as laid down in the page
nbove quoted.

No. 151.

JUDICIAL.

Simla, the 9th July 1861.

Under the provisions of section 1 of Act III of ^ Powers of chief
1861, being " an Act to give the Government der^t^^iu^oi
certain powers with respect to Poreigners,'* His is^
Excellency the Governor General of India in
Council is pleased to authorize the Chief Commis-
sioner of British Burma, * « «
to exercise the powers vested by the above Act
in a Local Government.

No. 456.
Home Department.

26th July 1865.

The Governor General in Council is pleased to Deciarationa im-

direct that in the province of British Burma, the aS; x oMsesjio

office of the Chief Commissioner of British Burma, ^ ^£7*^ "*

at Rangoon^ shall; until further orders^ be the jniLioncr's omcei

U APPENDIX.

office in which declarations made under sectioi
11 of Act X of 1865, shall be deposited.

No, 1506.
IIoME Department.

15th February 1863.

Act XXII of The Goremor General in Council is pleased
the* ci^tonment uudcr scction 39 of Act XXII of 1864, to ext^nc
of Riingoon. fhc Said Act to the Cantonment of Biangoon, an(i

to invest ♦ ♦ * ♦ «

the Cantonment Magistrate of that station with]
the powers of a judge of the Court of Small
Causes, and with power to try suits under section
6 of the above Act, up to rupees 400, within the
limits of the said Cantonment.

Por the purposes of th6 said Act, the Chief
Commissioner of British Burma is invested with
the powers of a Sudder Court, as provided for iu
Act XLII of 1860.

No. 2918.
Home Depabtment.

17th October 1865.

ThccwefCom. Under section 9 of Adi I of 1849, the Goremor

^e re^rte imd General in Council is pleased to dele^te autho-

iMue orders in rity to thc Chief CommissioncT of British Burma,

d^Adb^iSf 1s49. *o receive reports and to issue orders in cases

coming under that Act.

RULES ^

DEFINING SOME OF THE DUTIES OF THE ^

COURT BAILIFF.

1. The Court bailiff is a ministerial officer of '
the Court, whose duties are conducted on both the
criminal and civil sides.

• • •

APPENDIX. m

2. His appointment, on vacancy occurring,
rests with the Deputy Commissioner of the dis-
trict to which he is attached.

3. On the appointment of a bailiff, he shouM
personally and by sureties bind himself to make
good all losses occurring through default or fraud
in the discharge of his public duty.

4. He is responsible for the safe custbdy of all
exhibits and other property handed over by the
Police and the Deputy Commissioner, and will
keep registers of tne same. The Deputy Com-
missioner will provide the bailiff with a suitable
lock-up room and boxes for this purpose, and for
gold and silver articles and other articles of value
he should also be allowed a lock-up box in the
treasure room.

5. Any monqr paid to the bailiff, or placed in
his hands, should immediately be put in deposit
in the treasury, pending final Court orders.

6. Besides the monthly pay received by the
bailiff, he is allowed to charge at 5 per cent, com-
mission on all Court auction sales over and above
the actual expenses of the auction.

7. Processes of Courts at the head quarters of
the Deputy Commissioners will be served through
the Deputy Commissioner's bailiff. At out sta-
tions the Coiirt writer is the ex-officio bailiff.

8. Thebailiff is responsible that all summonses,
subpoenas, warrants, and other processes issuing

j from the Court are duly served. The peons em-
ployed by him will be paid the full amount of
process money allowed by the rules, of which an

-account shall be kept without any deduction on
liis part for his own benefit.

APPENDIX.

RULES

FOR PAYMENT TO HIBED PEONS EMPLOTBD IS
DISTRICT AND SUBORDINATE CX)URTS FOE
• SERVICE OF CIVIL PROCESSES.

1. The peons* hire for conveying a process
land will be at the rates below given, which ii
never to be exceeded : —

PER DIEM.

Pbou and Tenassebih.

Abakan.

Peon hire.

Boat hire.

Total.

Peon Lire. Boat hire. T.:*-

By land . . .
By waier. . .

6 annas.
6 annas.

8 annas.

4 annas.
4 annas.

•4aL^

+R8. 1^ Ri. : .-

In Arakan when a process is to be conTeyoi
through wild parts of the country by land^ twj
peons at 4 annas each are allowed.

The boat hire is chargeable only when a pre-
cess has to b(^ conveyed by water by any place
not approachable by a regular ferry.

2. Ten English miles, or 5 tynes, to be calcu-
lated as one day's journey.

Time is to be allowed at this rate to go to and
return from the village, and one day extra for
finding the party and serving the process.

For example : — a summons has to be served at a
village 25 miles distant from the Court, makin::
there and back 50 miles. For this 5 days will be
allowed, and one more for serving the summons.
Total G days,

3. A scale of distances and charges drawn up
on the foregoing calculation is to be suspended iu
each Court.

• Besides any actual outlay for ferries and tolls.

t This is apx>licttbic to Akyab and Ramree, in Sandoway only S
annas charged.

APPENDIX. V

4. No process-serving peon shall be paid at
more than the above rates for each jou/mey^ not-
withstanding he niay have more than one process
entrusted to him to serve.

5. The several Civil Judges of the district and
subordinate Courts will keep an account of the
money paid into Court for the service of pro-
cesses and of the payments therefrom to the pro-
cess-server. The balance unpaid, if any, shall be
carried to the credit of Government, under profit
and loss, and shall not be appropriated by the
bailiff of the Court.

NOTIFICATION.

Dated 3rd May 1866.

With fhe sanction of the Governor General of Limits of the
India in Council, it is hereby declared, that the '^'^ ^ Aky»b.
limits of the navigabl^river and channels leadinj
to the port of Akyab, made subject to Act XX i;
of 1866, are as follows : —

Within a radius of 12 miles seaward from the
Savage light house.*

SGTE TO KULE XV OF THE REVENUE RULES OF
1862, BEING RULE XVII OF 1865, RE0ARDIN6
MORTGAGED LAND INBRITISH BURMA, IS HERE-
BY PUBLISHED FOR GENERAL INFORMATION.

Rangoon, 6th August 1866.

Act XIV of 1859 was extended to Tenasserim
by public notification on the 3rd of June 1859 ;
ana to Arakan on the 24th of February 1864.
The Act therefore under section 24 thereof took
effect two years afterwards in each of those divi-
sions. In Tenasserim therefore rule 15 (now 17)
of the revenue rules of British Surma did not

V V

n AFFEHmZ.

operate. In Aiaikan it had no operatioii after tkc
24th of February 1866.

In Pegu Act XIY of 1859 was introduced b^
section 24 of Act I of 1863. Under that section,
the section number 15 of Act XIY of 1859 Tas|
not to apply to " any claim to foreclosure arising
under any deed or instrument of mortgage o^
immovable property in Pegu*' executed before
the date af(H*esaid, (date when the Act came into
operation,) but every such claim, as far as tlie
law of limitation is concerned, was to be governed
by the laws or rules then in force in the province.

For Pegu therefore it must be understood tliat
clause 15 of section 1 of Act XIV of 1859 oper-
ates regarding mortgages effected since the 1st of
May 1863 when the Act came into force ; but
that mortgages previous to that date would be
regulated by the revenue rule 15 of the edition of
1862, which is identical with No. 17 of 1865.

CAPITATION TAX RATES, ABAKAN.

RULES.

1 . Married men throughout the division un-
der 60 years of age are taxed.

Widows do. do. do.

Bachelors between the ages of 18 and 60 years.

2. All who cultivate with the plough in the
plains to be taxed, according to rate prevailing
m the circle wherein the cultivation is.

Akyftbdiitrict. 3. The ordinary rate in this district in the

plains will be, for married men rupees 5 per an-
num each, widowers and bachelors rupees 2-8
each. In 14 distant circles, the rates to be, for
married men rupees 4, and for widowers and
bachelors rupees 2 each. In 2 more distant

Bind less productive circles, the rates to be, for
married men rupees 3, and widowers and bache-
lors rupees 1-8 each.

4. Ehwaimees, Mroos, Ehyoungthas, and ail
other hill tribes who cultivate toungya by means
of the dkh, to be taxed ; married men rupees 2,
and widowers 1 rupee each per annum ; bachelors
to be exempt.

5. No new hill tribe or village to be called on
to pay tribute, till approved by the Chief Com-
missioner.

6. In this district in the plains, with the ex- h*mj»o district,
ception of, in the Aeng township, married men to

be taxed rupees 5, and widowers and bachelors
rupees 2-8 each per annum. In Aeng township,
married men to be taxed rupees 4, widowers and
bachelors rupees 2 each per annum.

7. All hill tribes at present paying tax, who
do not use the plough, to be taxed, married men
rupees 2, widowers 1 rupee each per annum ;
bachelors to be exempt.

8. In this district in the plains, married men ^^^^^^^ ^'
to be taxed at rupees 4, widowers and bachelors

at rupees 2 each per annum.

All hill tribes, Khyengs, &c., who do not culti-
vate with the plough, to be taxed, married men
rupees 2, and widowers rupees 1 each per annum ;
bachelors to be exempt. '

RULE

FOE TOUKGTA OB HILL PLANTATION — EEVENUB

RULE.

6. All toungya cultivation taxed according to
measurement, will be taxed at the rate of 4 annas
per acre.

via APPENDIX.

Where not taxed according to measurement,
the tax will be at the rate of 1 rupee per whole
family, without reference to the area cultivated*

ADDITIONAL LIST OF NETS IN RIVERS AND STREAMS AND
ON THE SEA BOARD IN THE PROVINCE OP BRITISH
BURMA WHICH ARE LIABLE TO TAX, WITH AMOUNT
OP ANNUAL TAX TO BE LEVIED ON EACH.

Namvs Of Nkt».

Name of district aod rate on each
dencription of net.

Peou division.

I .

Myan-Oung district

Aingdan paik,

Rupees 5 per annum.

RULES

FOB THE VENDING OP COMMERCIAL AND JUDICIAL
STAMPS IN THE PROVINCE OF BRITISH BURMA.

Dated 10th February 1866.

In supersession of previous orders on the sub-
ject, the Chief Commissioner directs the adoption
throughout British Burma of the following rules
relative to the vending of commercial and judicial
stamps : —

1. At the head quarter station of each district,
non-official vendors are, if procurable, to be licens-
ed ; but official vendors may be permitted at head
quarter and small stations in the interior, provid-
ed non-official vendors decline undertaking the
duty of vending the stamps.

2. As regards value, commercial and judicial
stamps are to be sold on payment to vendors in
no quantity less than 26 rupees worth at any one
time, no broken quantity between rupees 26 and
60, or between rupees 60 and 100 ; above 100 ru-
pees the sale should be in hundreds and not in
fractional parts of a hundred.

APPENDIX. IX

3. To official and non-official yendors a dis-
>ixiit will be allowed of 3 per cent, on judicial,
nd of 4 per cent, on commercial stamps at the
jEue of purchase in stamps but not in money.

RULES

TOB SliATTGHTEEIKG CATTLfi IN MAULMAIN.

A building to be erected and paid for out of
:lie Municip^ funds, the site to be fixed upon by
bhe Magistrate and Health officer, subject to the
otpproval of the Conoonissioner.

No animals killed for sale to be slaughtered in
any place other thl^n the slaughter-houses.

A fee to be paid for each animal slaughtered as
follows :—

Bullocks and buffaloes,

a • •

• • »

...1 rupee.

Calves and pigs,

a • •

• • •

...8 annas.

She^p and goats,

• • •

• • t

...4 do.

XL1GUB| •■• ... •<•

• • •

. ••

...2 do.

Animals to be killed only between the hours of
3 and 7 p. m.

The Consei^vancy officer to be in attendance,
and to inspect all animals previous to their being
slaughtered.

When an animal is passed by the Confiervancy
officer, it will be at once slaughtered.

A register will bo kept shewing the name of
the person bringing the animal, and a description
of the animal brought.

A ticket to be given to the person bringing the
animal when it has been passed, containing a des-
cription corresponding with the entry in the re-
gister ; the ticket must be produced by the person
selling the meat in the bazaar.

X AFPENTJIX.

No meat, except game, to be sold in the bazaar
which has not been inspected and for which a
ticket has not been received.

When an animal is rejected, entry will be made
in the roister giving reasons for rejection.

The fee for slaughtering to be paid when the
animal brought for slaughter has been passed,
and previous to its being slaughtraed.

The Conservancy officer to receive the follow-
ing fees out of the amounts paid : —

1 anna for each bnllock or bnffaioe.

i anna for each calf or pig.

i anna for each sheep, goat or kid.

Two peons also to be entertained and paid for
out of the fees for slaughtering ; it will be their
duty to keep the house thoroughly clean and to
assist the Conservancy officer.

Any breach of these rules to be punishable
with a fine not exceeding 100 rupees.

ADDITIONAL KULES.

Tickets to be printed and to be issued weekly
from the Magistrate's office to the Conservancy
officer, who will account for what he receives be-
fore he gets another supply.

Butchers or others receiving tickets for approv-
ed slaughter cattle, will return the tickets the
following day to the Conservancy officer, or on the
next occasion of their returning to the slaughter
house. No new tickets to be issued till the old
ones have been returned, all such returned tickets
to be delivered by the Conservancy officer to the
Magistrate and destroyed.

APPENDIX, XI

BATES

H* FREIGHT AND PASSAGE ON BOABD GOVERNMENT
VESSELS, FROM RANGOON OR MAULMAIN, TO PORT
BI4AIR AND VICE VERSA.

FREIGHT.

On goods over one cwt. at rupees 20 per ton.

On specie -(percent.

Cattle and horses rupees 20 per head.

Sheep or goats rupees 2 per head.

For a single package under one owt. rupees 2.

PASSAGE.

Cabin rupees 30*^

Suarterdeck „ 15 > Without diet.
ecjK ... ... ... ... II ^ J

INDEX.

• ••

II
if

SKABEE. Page.

Appeals against orders in department how and

when to be made ... ••• ... ..• 175

Declaration of object of rules ... ... ... 286

— farms for retail sale... ... ••• ... 287

Designation of farms ... ... ... „

Description of monopoly in each farm ... ... 288

Number and locality of shops by whom determined. 289

Procedure regarding sales under rules ...

Description of shops ...

shops how distinguished

farms how rented ... ... ... ... 290

Powers of Commissioners as regards renting of
larms ..• ... ••« ■•.

Bent of —- farms how paid ... ... ... 291

Parm — officers

Under rules spirit &rmer to buy from distiller ...

Under — rules rights of owners of taree trees to be
preserved ... ... ... ... ... 292

Taree licenses how obtainable under — rules ... „

Definition of retail sale under rules ... ... 293

Penalties for permitting drunkenness in shops ... 296

Licenses to sell drugs under ■ ■ ■ rules restricted to
wuom ... ... ... ... ... ff

Under -*^ rules liquor not to be drunk on premises
of licensed vendors except farmers ... ... 299

Penalties for breach of — ^— rules not otherwise provid-
ed for ... ••• ... ... ••• 300

Disposal of fines under — rules ... ... _ ... „

Except hill tribes, license required for distillation of
liquor under rules ... ... ... 801

— rules inapplicable to whom ... ... ... „

Form of agreement for farmer ... ... 802

Powers and duties of — - officers under Act XXI of

XoOt> ... ... ... ... ... oU^

Police, customs, and revenue officers have same powers

as ' officers ... ... ... ... 305

Police to assist officers ... ... ... „

Thoogyeesand Kyay-dan-gyees considered as—— officers „

ACT. ACTS. fm

X of 1841 notificAtion regarding ... ..2

XIX of 1841

XXX of 1854 (CuBtoniB) ... ... .. tf

XXUofl855

•••

XL of 1S5S

•••

>'^

Xin of 1856 (town police) ... ••• ... 5

XIII of 1856 ••• ... ••• ••• xd

XI V of 1856 (municipal)
III of 1857 (cattle trespass) ... ... ... 1^

XXXY of 1857 notification regarding .. ... 4d

XXI of 1858 notification regarding ... ... i9

Xin of 1859 (artificers) ... *>

XIV of 1859 (limitation of suits) ... ... 3

XXV of 1859 notification regarding .•• ... 4?D

XXV of 1860 (Bassein port dues) ... ... 411

XL VIII of 1860 (town police) ... ... 3H

XL VIII of 1860 (passenger boaU) ... ... 41.'

V of 1861 (police) notification r^arding ... <

IX of 1861 ... ... ... ... <

133
39J

XXV of 1861 (Code of criminal prooedvre) notifi-
cation regarding ... ... ... ... 13

XXVIlofl861 (Port Blair) 31

XV of 1862 (Code crimbal procedure) ... 123

I of 1868 (cira justice) ... 17

IV of 1868 (treaty) ... ... ... 8

XXI of 1868 (Kecorders) ... ... ... 40

VI of 1864 (whipping) 123

XII of 1864 (treaty extension) ... ... 10

V of 1965 (marriage license) ... ... 546

VII of 1865 (forests) ... 481

XX V of 1865 (customs) 811

III of 1866 (Begistrars) ... 60a

XKPEX* iii

liOTMBNTS. ^*8«:

Kagtstraies' juriadictiou regarding. town — — in Ban-
goon '" --- ■•- ••• •••

•••

7own — — kow sold ... ••• ••• ••• *^^

Purchase money of town — in Eangoon when paid. , . „

Minimum selling price of town in 'Eangoon ... >y

• ti /260

Land assessment on town — — in llangoon... ... s 262

. « /260

Municipal tax on town — in Kangoon ... ••• ^ 262

Erection of buildings on town — - in Bangoon . . . 261

Temporary reservation of town — — and sites in Ban- f 261

goon ... ... ••• ••• ... l2o2

f 262

Town ^ in Bangoon how registered ••• •••J 269

Nuisances prohibited in town — — in Bangoon . . . 262

Bight of property conveyed in soil to grantees of town

— in Bangoon ... ... ... ••• 268

Division of suburban — in Bangoon ... • • • »

Application for suburban in Bangoon and proce-

dure by Deputy Commissioner on such application ... 2o4i
Limits of suburban ' in Bangoon ... ••• »

Minimum selling price of suburban — — in Bangoon— 99
Land assessment on suburban — in Bangoon ... »
Taxes on suburban — — in Bangoon ... ... 265

Procedure regarding registry of sabnrban -^-^ in Ban- ( 265

goon ... ... ... ••• ... 1 260

Bight of property in the soil possessed by g^rantees of

suburban ■ in Bangoon ... .•• ••• 265

Extra Suburban — — how classed and sold, size and f 267

area of each class ••• ••• ••• •••f268

Assessment on extra suburban . ■ ... ... 268

Purchasers of — — to register in reveime oflEice . . . 269

APPEAL. APPEALS,

Civil — to lie from all decisions except when express-
ly prohibited ... ... ... ~ ... ... 20

Period of presenting memo, of civil -— *-. ... ... 21

Procedure as to second •-*— ... .^ ... 22

Procedure as to special — ... - ..^ ... 22

Circumstances which bar special ••'»- -..« ... 22

Fh)cedare as to — «• in " formdpauperii "... ... 23

APPEAL. APPEALS (oontinued.) Fag«^

«-*« on oifdeiv passed by tlie Deputy OonnbisBioner in

cases under certain Acts to be to the Commissioner... 24
Provisions for — ^ from orders and decisions in suits,
&c. dealt with under section 1 of Act XXI Y of 1863 ... 27

from sent^^nces passed by officers within the Port
Blair Settlement ... ... ... ... 82

in civil and criminal cases to lie from the Deputy
Superintendent to the Superintendent of Port Blair.. . 88
jSTo — i from orders passed by the Becorder in cases
under certain Acts ... ••• ••• ... 50

to Her Majesty in Council in certain cases decided
by the l^ecorder ... ••• ••• ... 63

against orders passed by Begis^rar ••• ... 60^

in revenue cases ... ••• .•• ... 173

in revenue cases and on what stamped paper ... < j^^r

Abkaree — Ac. ... ... ... ... 175

— under forest rules where to lie ... ... 491

AMMUNITION.

Special rules regarding — — ••• . ••• ••• 810

AEBITSATION.

Matters in differenoe between patties to be referred

bO ^"^"^^ »«• aaa ... ••• .•« f O

Bules regarding — — ^ in disMet courts ..» ... 104

Assessment of waste land to be fixed by «— ^ ... 217
ASMS.

Special rules regardiiig ^-^ ... ••• ... 810

ABHHCEBS ACT.

Vide Acts.
A^BAOSL

Form of agreement for — — fiumer ... ... 802

ASSESSMENT.

Certain portions of land to hav6 fiied rates of ^'— - ... 144
roll on bees' wax how prepared ••• ... 169

on waste lands ... ... ... ... 217

on quengs (village tracts) ... ,., ••. I 009

rules for qnengs rcfocs to what «.» ... 442

IKBSX. T

MBSSMENT. (continued,) Page.

-^— rolls for municipal tax how prepared, and by f 349
whom examined ... ... ... ...\850

Land in )ieu of capitation tax how levied ; and

rates ••• ... ••• ... ••• ^oU

Bolls for collection of land — — in lieu of capitation ( ^kq
tax when by whom, and how prepared ; tax bills how j 251
prepared and to whom presented ••• ... (

What lands exempted from such

Commission to collector of land

tion tax

Boundaries within which land

in lieu of capita-
> . ••• ...

in lieu of capitation

251
252

•••

tax is leviable in town of Bassein
Do. do. for town of Myan-Oung

Do. do. „ ,, Prome •••

Do. do. „ „ Thayet ...

Do» do. I, „ Tomog-oo...

Do. do. „ „ Kyan-gyeen

Form of roll for collecting «-^-^ in lieu of capitation tax 256

on town allotments, Bangoon ...

on suburban allotments, Bangoon

on extra suburban allotments, Bangoon

252
253
254

255

• ••

260
264
268

BAZAAB. BAZAABS.

Fbohe.

Object of

Size of stalls and rate of taxes for

Sales in each class of

— — establishments

Duties of — — *- goung

KltTTAH.

Object of—— ...

■ establishment and their duties

Toxnrc^oo.

— — taxes how collected...
Duties of auction purchasers of
Duties of goungs

*•«

•••

*« •

879

(879
1880

• ••

*«•

i .«

stalls ...

«••

Testabssium Drvisioir.
Oeneral rules for — «-
Penalties for bxe«cb of

tvib

•••

« . •

•#•

380
381

881
382

882
883

yx IKBBX*

BAZAAB. BAZAABS. (etmtinued,) Pagi^

Akyab.

Bules for Ooremment -^— ... m. ••• 881

Duties of — goung ... ... ... ... „

—— stall rent ••• ..• »•• ••• 88S

Shwe-bta.

-*— BtftUs how let ,.. ••• ••• ••• 886

Application for vacant — — stalls how made . ... „

Duties of — goung ... ... ... ... „

Scale of — stall rent ... ... ... ... 887

Abakav.

General duties for — at Kyouk Phyoo, Bamree and

Sandoway ■ ... ••• ... 387

Duties of ——— goung ... ... ••• ... 888

BAZAAB FUNDS.

Accounts of — ^- how and bj whom kept ... ... 8il

BEES' WAX.

Assessment roll of -'«— how prepared ... ••• 189
BIBTHS.

— — — bow registered ••• ... ••• ••• 552

BOAT. BOATS.

Passenger —— to be registered ... ... ... 882

Number of owners name to be painted and penalty )

in default ... ... ... ... • ...j "

Procedure regarding unsafe — ... ... ••• „

Penalties having reference to unsafe ■ ... ... 888

Duties of police regarding — ... ... •.. „

Number of — ^- to be kept by ferry renters, Bangoon, C 858
Toung-oo, Martaban ; renters not to interfere with < 854
private — ^... ... ••• ... ...(859

Police notice regarding ^— in Maulmain ••• ... 421

— in Maulmain to be registered, Ac. ... ... „

Besponsibilities and duties of »— owners at Haulmain. „
Fees, rates and penalties as regards hack <— ^ at Maul-
main ... ... ... ... ... 422

— — licenses how granted at Akyab ... ... 441

Passenger at Akyab how registered ... ... 442

— - to bear number and name and to be rc^i^stered ... 442

Pilot — — to be registered ••• «•« ... 470

OTHBLS. Page,

Procedure bj Magistrate regarding — — * ••• ••• 834

-MTATION TAX.

Betums connected with — — ••• ••# ••• 156

Bates of— - ••• ••• ••• ••• ••• 157

*— when leiried and paid ••• ••• •^160

PertK,o.«»»i>todfi«. {}^

Application for exemption from how made ••• „

Settlers on waste land not exempt from ••• 219

In what towns land assessment in lieu of — is levied 250

Bates of assessment in lieu of — ••• ••• „

Boll of assessment in lieu of — - how, when, and by \ 250
whom prepared ••• ••• ••• — J 251

Bolls for collection of land assessment in lieu of -»—
by whom examined ••• ••• ••• •••

Penalties regarding defaulters failing to pay assessment
in lieu of — &c, ••• ••• ••• •••

Tax bills for land assessment iil lieu of how pre-

pared and to whom presented •••

Lands exempted from assessment in lieu of

••• •••

•••

99
99

Commission to collector of land assessment in lieu
of "■ * *•• *** ••• *•• ••• 252

Boundaries of towns within which land assessment in
lieu of — — - is levied in each town ••• •••

•••

»9
99

DABBIAGE8.

Bavgooit.

Classes of hack — ••• ••• — ••• 866

Licenses required for hack — ^ and fees for such

Procedure regarding transfer of ownership of hack

Number to be on hack — - ••• ••• •#• 867

Equipment requisite for hack — — ••• ••• „

Licenses for hack — -^ not transferable ••• ••• ^

Duties of driver of hack —^— ••• ••• ••• 868

Bates of hire for hack — ••• ••• •• • < „g?

Each — -— stand to exhibit board of rates •••

Disputes regarding hack — -*- how decided

Penalties having reference to hack -«-^ ••• « •• 870

Pares of hack —— how paid w ••• ••• „

99
99

« 1 1

VUl INDEX.

CABBIAGES. (continued,)

Maitlkaik.

Licenses for hack — necessarj ••• ••• — 37(j

Transfers ef ownership of hack — -**- hov effected — 371
Number required on hack
Equipment requisite for hack
License fee for hack — •

CAETS.

••• ••• •••

• ••

Hack -"-^ stalls to exhibit board of rules and rates ••• 372

••• •••

Oeneral rules regarding back

Sights of hirer of hack ——- ••• ••• ..-| ^^^

iUghta of driver of faaok i— *- *•• •- ... J ^'^

Bates and fores of hack — ••• ••* ••• 374
Aktab.

Licenses required for hack ... ,.^ ... 374

Transfers of ownership of hack how effected ... 375

Numbers on hack how shown .^ ... „

Equipment requisite for hack ... ... „

License for hack ... ... ... ... 37e

General rules regarding hack

..•

Penalties for breach of hack — rules ... ... 377

Bates and fares of hack —. ... ... ... 378

Hack require license ... ... ... 363

Owners of to take out annual license : fee for same..

Transfer of temporary ownership of hack — — to be re-

gi«t«ed

Every hack to be numbered ,

Hack to observe rules of road

Penalties pertaining to breach of hack -*— xules ... 364
Haitlmaik.

Hack — require license ... ... ... 364

Benewal of license for ha(fl[ *-«-*- ...

Fee for hack license

Hack to be numbered

Each hack to possess copy of rides

Bules of road io be observed by each — ... ... 365

Bights of hirer of hack
Bights of driver ef hack

i»

... ... J}

• M ... I)

■.« ... II

• • • • • . ..

< i • • • • f]

INDEX. • IX

CAETS. Page.

Penalties for breach of hack —— rules ... ... 366

Bates of hire for hack — ^ rules

#••

CESS.

!185
on vacant land Bangoon strand how levied ... 896

CHIEF COMMISSIONEB.

»*. •••

Minute by

Departments under control of

Jurisdiction of Court of— under Act I of 1863 ... 19
Powers vested in Sudder Court to be exercised bj ■

under Act I of 1863 ... ... ... ... 26

Notification by — relative to Whipping Act ... 123

Memorandum by on administration of Police . . . 184r

Powers of under Act VII of 1865 ... ... 480

COMMISSIONEB.

Departments under — ... ... 2

Jurisdiction of Court of under Act I of 1863 ... 19

many sit with Becorders in any suit and recodrd 1 56
opinion ... ... ... ... ... j 57

of division to be furnished with copy of weekly list

of cases for Becorder*s Court ... ... ... 65

to prescribe forms and rules for abkaree farms ... 290

CONSEBVANCT.

Penalties for breach of rules under Act XIV

01 loOD ... ••• •*• ... ... ol9

Duties of officers ... ... ... ... 394

COIJBT (CIVIL.)

Grades of —— in British Burma ... ... ... 17

Jurisdiction of ... ... ••' 1 19

in which suit to be instituted... ... ... 19

Procedure of how regulated ... ... ... 25

— •— invested with powers under Act XXIV of 1*863
section 1 ... ... ... ... ... 28

• •■

X • IKDEX,

rOUBTS (DISTRICT.)

Bulea of practice of —

On estates in hand of bailiff of the

Proceeds of Government auction sale where paid into

Cost of copying documents filed in

Commission to Government auctioneer paid bj

Order regarding removal of records from

Plaints presented in — how to be written... ... „

Procedure regarding applications for attachment of

property, Ac. in — ... •••

Procedure regarding property attached more than once

Evidence of parties appearing as witnesses in their own i

behalf in ■ ... ... ... ... lOB

Tulabana rates in ... ... ... ... „'

Allowance to Ameens of —" ... ... ... 108

Fees of the Sheriff of Calcutta executing prooeasea of

district - ••• ••• ••• ••• )i

CUSTOMS.

Collector of — Bangoon to collect charges for goods.. 318

Collectors of sea to require statement of cargo

from commanders of Government vessels ... ... »

CUSTOM HOUSE.

Goods may be left free of charge for 24 hours in Ban-
goon wharf ... ... ... ... 317

Packages how charged for in Bangoon ... ... „

Goods on Bangoon wharf to be at risk of owners.. „

Charges for goods on — wharf Bangoon by whom

collected ... ••• •'• ••• ... 318

DEATHS.

DEEDS.

registered ... ... .«• ... 552

Offices for registry of — — where to be established ... 87

Who to be appointed Begistrars of — ... ... „

What — to be registered ••• ... ... 88

What rules to be observed in registering — ^ ... „

Pee for copy of transmitted ••• ... ... 89

{89
270

IKBEX. Xi

3:EEDS. (continued.) Page.

Eegisters of — — how made and kept ... ••• i 91

Fees for —»- registered ... .,, ... ... 91

DX:SEBTEBS.

Penalties for harbouring — — ^ from merchant yessels
under Act Xin of 1856 ... 828

DISPBNSAEIES.

General rules regarding management of -— — at Ban-

*" goon ... ... ... ... ... 5M

Do. Maulmain and sale of medicines ) 557

to the public ... ... j 559

Do. Akyab and payment of Hospital ) 561

bills ... ... ... )563

Do. Bassein ... ... ... 564i

Do. Prome ... ... ... 567

Do. Thayetmyo ... ... ... 571

Do. Toung-oo ... ... ... 575

Do. MyanOung ... ... -1577

Do. Henzadah ... .., ...J

DISTfilCTS.

DBivma.

how £?ided and administered ... ... 148

Penalties for furious -— — or riding, Ac. ..« ••• 885

EDUCATION.

Vide Schools.

EXAMINATION. EXAMINATIONS.

General order regarding — ... ... ... | gog

Tests of —— for first and second standard in Burmese 529

■ when held ... ... ... ... ... 581

Tests for — — in Sgau dialect of the £aren language... ,,

Tests for — -« of Assistant Surgeons in Burmese ... 582

Tests of first and second standard of judicial — — ... j ^^i

Tests for the of Police officers ... ... 584

Tests for the *— of natire Extra Assistant Commis-
sioners ... ••• ... «•« ttt 687

Xkl INUBX,

EXPOETS. PftgA

Duty on — by sea ... ... •.. ... 307

Biver frontier duties on ... ... ... 309

Bates of duty on — — of goods by sea ... ... 3141

FEB. FEES. !

on toddy trees in Bangoon how levied ... ... 352

366
371
376

bearding back carriages in Bangoon, \
LuAky^ ... ... ... V

License regarding back carriages in Bangoon,

Maulmain and Akyi

»*

i«

n
1)

FEBBT. FEBBIES.

Bakgook.

Limits of ... ... ... ... ... 35S

Number of boats required at — ...

Bate of fares

Number of passengers allowed to cross in ^— - boats
Bates of — — not to interfere with private boats ... 354
*— when rented

Disputes about fares...

Penalties regarding ...

Toinro-oo.

Number of—— ... ... ... ... 354

Number of boats to be kept at — «— ... ... 355

Bates of ^— fares

Benter of — not to interfere with private boats

Bent for — how made ...

Disputes regarding — - how disposed of

Penalty for breach of rules ... ... ... 356

AniXAjr.

how rented •.. ... ... ... 356

Bent of — how paid ...

Extract of Begulation 6 of 1819 regarding

Mabtabak.

—*-— where established ... ... ... *•• 359

Limits of— ...

Number of boats for

Bates of fares at — ... ... ... ... 360

Benter of not to interfere with private boats

Sale of — — —

Disputes regarding — — ...

Penalties for breach of — rules ...

INDEX.

XIU

TTRET.

FEKKIES. (continued.)
Maulmaiv.

Page.

Form of license to be signed hj —

— license bolder

... 361

^INES.

imposed unde^ Bevenue rules, if not realized, may

be commuted to imprisonment ... ... ... 173

Disposal of ^-— under abkaree rules ... ... 300

^Recovery of — under Municipal Act ... ... 327

Informer to receive portion of in gambling cases... 831

FISHEBT. FISHERIES.

Classes of

FORESTS.

Tax bow assessed on sea

Assessment roll of —— •••

Tboogyee responsible for collection pf tax on

Statement of increase and decrease on

Penalties for evasion of tax on

Tax on inland — • <fcc. ...

Large creeks not to be rented as

Penalty for preventing cattle drinking water at a

Renter of failing to pay tax due

Remission of tax on ■

Tax on nets used in inland ^— ...

in bill townsbips excluded from tax

Penalty for poisoning

Orants of waste land not to include

•••

••*

»••

Grants of waste land not to include
Cbief Commissioner's powers regarding
Burma ... ... •.•

Limits of Government —

Administrative officers of — — in British Burma

Duties of subordinate local — officers

■ officers not to engage in other employ ...

Teak trees of the how protected •••

Felling and dragging of timber under — <^ rules

Sale and lease of Government

Tonngyas where prohibited under — -^-^ rules
Setting fire to teak prohibited . «*•

162

163

164

II
165

II
167

168

215

in British

•••

215
481

482
483

II •
484

XIV IXDEX.

FORESTS, (tw^tinued.) Pa^

All trees (except teak) of the — - are free of datj ••. 4f

BeserTed tracts of -»-^ defined ... ... ... 4!

Demarcation of Q-overnment reserved •^— tracts

Demarcation of villages within reserved — ~- tracts ... 4S^

Beserved — ^ tracts procedure ... ... ... „

Penalties for breach of rules ... ... ... 490

Powers of officers ... ... .•• ... I 4q%

, Ph)cedure in trial of — cases ... ... ... 49L

Appeab when to be under — • rules ... ... „

Procedure to be observed in setting apart reserved ■ „
Streams which are to be kept open under rule 16 of the

rules ... ... ... ... ... 492

Names of rivers on which the use of marking hammer is

prohibited under —— rules ... ... ... 493

Procedure under which Government timber in the pro»

vince of British Burma may be disposed of under the

""^■"^ ruies . . ... ••• ••• ... 11

Form of pass for timber sold by the — ^- department..* 496
*— rules for the management of the Kuddo Bevenue

Station ... ••• ••• ... ... 497

Names of river stations where all timber will have to

stop to be examined by the department ... 602

Bates of salvage for timber saved by the -~- depart-

menv .•• *•. ••• ... ••• yi

Form of permit granted by the -^— department to col-
lect drift timber ... ... ... ... 503

Form in which claim for drifb timber must be prepared

to the — department .•• ••• ... „

Begister of — cases tried and decided by — officers... 504
— — rules for the guidance of the officer in charge of

Kuddo Bevenue Station ... ... ... 503

Addition to — chokedar rules ... ... ... 608

Bules for conducting girdling operations in the — ^ of

British Burma ... ... ... ... ,,

Oeneral rules of the — > department ••• ... 514

OAMBLINa.

Informers regarding ^•— how paid ... ... 831

in the streets ••• •*• •••• f^

INDEX.

&AME3.

GAMING.

Penalty for cheating at

•••

• at

Page.
331

GAMING HOUSES. i

Penalty for owning or keeping under Act XIII

ot looo ■•• ••• ••• ... ••• o28

Penalty for being found playing in .,. ... 829

Magistrates in Pegu division may grant warrant to Police
to enter -■— -^^ ,,, ,,, ..« ,,, ^^

Definition of ... ... ... ... 830

Magistrate empowered to destroy all instruments of
gaming in ... ... .^.

Proof of playing for stakes in unnecessary

Witnesses regarding indemnified

•••

GANJA.

GOTJNGS.

Vide Police.

HARBOTJB MASTEBS.

Duties of
Duties of Deputy
Duties of Assistant

••■

Duties of Extra Assistant

•••

HEALTH OFFICERS.

Duties of

HOLIDAYS.

List of

IMPOSTS.

Customs duties on -— — by sea
Special duty on salt *>— by sea

Special duty on opium by sea

Biyer frontier duties on —
Bates of duty on — by sea

KTATDANGYEES.

Vide Police.

«••

II
If

Penalty for other tban licensed flEirmer selling — with
exceptions ... ... ... ... ... 294

Importation of —— ... ... ... ... 206

... y 4(19
• ■■ 4U«I

... 410

... 651

679

806
807

808
312

xn INDEX,

LAND. LANDS. Pa^

TVliat portions of to have fixed rate of assessment. .. 1

Oranted — claimed by former owners ... ... L

Intention of reclaiming to be notified to Thoogjee ...

Abandonment of after period of exemption provided

against ••• ... ... ... ... ^

Period within which is granted ... ... ^

Bight of reclaiming abandoned > under certain cir-

cumstances ... ... ... ... ... 15

Possession of mortgaged — for 12 years gives right of

ownership ... ... ... ... ... ^

Litention of abandoning to be reported to Thoo-

K y CO ... ... ••• ■•• «•■ JLt^

Betom to be furnished by the grantees of ~-~ ... Ill

Penaltis for obstructing the measurement of — ... ,,

Classification of waste -*—* ... ... ,,. 2lc

Class of waste —^ to which each grant may belong,

how determined ... ... ... ... 21^

Extent of grants of waste —^ ... ...

Proviso regarding grant of waste 21^

— to be hereditary property of grants ... ... „

Besumption of grants of waste ... ... ,i

Grantees entitled to fresh lease of waste ... 216

Bevision of settlement of grants of waste ... ^

Assessment on waste — ... ... ... 217

Grants of waste — ^- of 200 acres not under Thoogyee ... „
Written agreement required regarding grants of

fVclsSlt? *'^^^""" .•• ••« ••• ... ..« II

Capital required of grantees of waste ■ ... ... „ ,

Grants of waste — how registered ... ... 211

Transfer of grants of waste —^ ... ... ... „

Survey of grant of waste ... ... ... „l

Settlers on waste — not exempt from capitation tax.. 21l{

Defaulting grantees of waste not to receive other

urttu Is ... ... ... ... ••« ^1

Procedure regarding application for grant of — - for
timber or ship-building yard, Bangoon ... ... 268

Limits of river frontage of such — its upset price per
acre, assessment and taxes

26)

INDEX. Xvii

TjAND. lands, (continued.) Page.

Grantee of such — poBsesaes right of property in the

"UU ••• ••• ••• >*t ••• ... 4flD/

All in Bangoon to be put to auction ... ... 271

Application for — — how made and procedure on such (271
application ... ... ... ... ... (272

Days of sale of —• ... ... ... ... 272

Government auctioneer must advertise the ■ ■ ■ ■ ... „

The to be sold on the spot ... ... ... 273

Disputes between auction purchasers of how set-

LA\7^A ••« •»• ••• «•• ••• ••• ■•

Proclamation regarding sale of how and when

Xltwvlv ... ••. **. *•• ... ••

( 273
Duties of auctioneer regarding sale of ... ... j 274

liAND MEASURE.

Standard of —^ .*• •.. ..i *"121Q

LAND MEASURING. ,

Schools for "in Prome district ... ... ... 545

LAND SALE AND RENT FUND.

Constitution of and accounts "how rendered ... 340

LAND TAX.

through whom to be paid ... ••• ... 149

how often to be paid ••• ... ... „

remission of ... ... ••• ... 150

What laws exempted from — in lieu of capitation

tax •.. ••• ••• ••• ••• ^*yi.

on suburban allotments in Rangoon ... ... 265

LICENSES.

Application for to use nets ... ... ... 167

Penalty for fishing wFthout — ... ... ... „

Xaree —^ how obtained ... ... ... 292

— — required for sellers of spirits, &c., other than ab-

karee farmers ... ... ... ... 296

Restriction regarding for sale of drugs ... ... „

Powers of Deputy Commissioner regarding grants of

under abkaree rules ... ... ... 297

Fees on under abkaree rules ... ... ... 290

Xviii INDEX.

LICENSES, (confinued.) Page.

— having reference to tavern keepers ... ••• 299
Distillation of liquor except under — prohibited —

hill tribes excepted ... ..• ••• ... 801

Hack cart not to ply without —— ... ... 363

Annual fee for hack cart ——

Lobs of hack cart — '^— to be reported

Benewal of — for hack carts in Maulmain ... 364

Fee for hack cart in Maulmain ... ... „

for hack carta in Maulmain not compulsory ... i,

fees for hack carriages in Bangoon, Maulmain \ ^^^
and Akyab ... ... ... ... ) o'^/.

Boat —— how granted at Akyab ... ... ••• 441

/'446

Pilot — — - at Bangoon, Maulmain, Bassein and Akyab \ 457

how issued ... ... ... ... ...1468

(,468

Form of pilot at Bassein ... ... ... 458

^447

— ~- of pilots at Bangoon, Bassein, Maulmain and j 458
Akyab required to be produced when called for ... 1 463

(,469

Memorandum regarding marriage —-— ... ... 546

LIGHT HOUSE.

Notification regarding Alguada Beef ^*^- ... 417

Notification regarding Doubie Island — — * ... ... 419

Notification regarding Savage Island -«— ... ... 432

LIGHT VESSEL.

Position of Bangoon — ••• ... ... 4M ,

Accommodation of — Bangoon ... ... ... 456

Pilots entitled to what on board — Baugoom ... 457 i

Messsing on board Bangoon —— ...
Notice of acceptance of accommodation on board Ban-
goon ^— as well as written order required

LOCAL FUNDS.

Character of— ... ... ... ... 338

Procedure regarding execution of works under — ... } 047
Annual report on — how submitted ... ... 342

INDEX. 3WX

I-OCAL FUNDS, (continued,) ^H^-

Seceipts and payments of ■ how entered ••• 343
Inatructiona for carrying out the new syatem of audit and

account of — ... ••• ••• ••• »»

Monthly cash account of to whom rendered . . . 344

Contingent charges on account of ■■ how paid ... ,}

MAGISTBATES HONOEAET.

Declaration made by — - ... ••• ••• ^^

Judicial functions of — ?— ... • • • • • • »'

Procedure by as to conduct of Police ... ••• 129

Magistrate of district may assign local jurisdiction

tO-^r— ... ... ... ••• ••• "

may be invested with what powers »

Correspondence of — how conducted ... •*• »

Forms kept up by in the interior ... ••• 130

— to be furnished with seal by whom ... ••• »f

Court of where held... ••• ••• ••• »>

Prisoners committed by to Court of Session or

High Court how disposed of ... — ••• «
Sums on account of ^es, deposits, &c., to whom and

when remitted by and how refunded to ••• 131

List of cases disposed of and quarterly and annual state-
ments how submitted by — — ... ••• ••• »»

MAEEETS.

to be properly drained ... •*• ••• 326

MAEEIAGE LICENSES.

under Act Y of 1865 ^^

MEASUEB8.

Duties of Police regarding ... ... — 335

Standard basket for retail sale of grain in bazaars

in Pegu and Tenasserim ... ... ••• 388

Standard basket i^plicable to what sales of grain ... 389

MOETGAGES.

Eules regarding — ... ••• ••• ••• ^^

MUNICIPAL.

tax on town allotments Eangoon ... ... 260

tax on suburban allotments Sangoon ..v ... 265

XXf INDEX.

MUNICIPAL, (continued.) Page

Penaltiea for breach of Act Bangoon, Prome and

Thajetmjo as contained in certain sections of Act

XIV of 1866 ... ... ... ... 319

Object of— tar ... ... ... ... 3445

Accounts regarding tax how credited ... ... 347

•^^ tax in what towns collected ... ... ... 3AS

Boundaries within which tax is to be collected

xUvTes 01 ■■■^'^^ Tax ..• ... ••• •••

"Who nominated to collect — — tax ••• ... 349

Assessment rolls of tax how prepared and bj i 349

whom collected ... ... ... ••• I SoO

tax bills how prepared, collected and collection

•••

»>

where paid ... ••• .*• ••• ... 350

Collections on account of — tax when closed ... „

Procedure in case of non-payment of demand of —

tftT ^'11

•••^ ... ... ... *•• «•• ... wf A

Exemption from tax

Collections of tax how paid ...

— tax how levied in Mergui ... ... ... 352

MUNICIPAL ACT (Act XIV of 1856.)

Nuisance under how disposed of ... ... 319

Penalties for obstruction in street or road under — ...
Magistrate empowered under to remove all ob-
structions of a temporary nature
Penalties for taking up pavements, &c. under —^ ... 320

Streets to be named under ... ... ... „

Penalty on house occupied for not removing filth un-
cier """""^ ... ... ... ••• ••• f)

Magistrate empowered to trim hedges, Ac, under 321

Building over sewers or throwing rubbish into them
prohibited under -^— ... •.• ... ... „

Procedure by Magistrate under regarding privies, ( 322

cess pools and drains ... ... ... ...(323

Notices required by how served ... ... 323

Magistrate in default of owner or occupier may execute

works under and recover expenses ... .. 324

Magibtrate empowered to bring charges on occupier

under deducting same from rent ... ... „

Procedure in case of tenants opposing the execution

01 "^"^^ ,,, ,,, ,,, -,, tit u*iO

INDEX. XXI

MEUNICIPAL ACT (Act XIV of 1856.) (continued.) Page.

Fouling of water how dealt with under — * ... 325

Magistrate empowered under — to repair and enclose
dangerous places ... ... ... ... 326

Draifiing of slaughter-houses and market required un-
uer "-■^^■■■» a** ... ... ... ... ya

Magistrate under empowered to inspect slaughter-
houses and shops, &e, ••• ••• ... ... „

Eecovery of fines, &c. under — ... ... •.. 827

Duties of Police Officers under

MUNICIPAL FUND.

NETS.

Whom responsible for preparation of account of f 339

and how made out ... ... ... ...\347

Items of credit of ... ... ... ... 339

Debits of ofBangoon ... ... ... 340

Establishments under —• ... ... ... 347

Tax upon used in inland fisheries ... ... 165

List of — in rivers and streams ... ... ... 166

Application for licenses to use — ^- ... ... 167

NUISANCE. NUISANCES.

OPIUM.

of depositing dirt in streets, &c. how disposed of ... 319

of allowing sewerage to flow on street, how dis-

poseci 01 ... ••. ... *■* ... )9

For other vide Act XLVni of 1860 ... ... | ^

Duties of Police regarding ... ... •- •{ gog

farmers how supplied with drug ••# ... 293

Supply of how and when estimated ... ... „

Penalty for other than licensed farmer selling with

exceptions ••• ... ... *•• ... 294

Importation of from China ... ... ... „

Confiscated how disposed of ... ... .^^ 295

Form of agreement for farmer ... ... 302

Special duty on imported by sea ... ... 307

PILOTS.

XXll INDEX.

PILOTAGE. Pa^^

Pilots to suffer penalty for demanding high rates of

than that sanctioned ... ... •-. 44

Pilots leaving ship before performance of duty to for-
leiv ^^i^— • (»« ,,, ••• •«• ■•• III

Sates of -*— Eangoon ... ... ... "'• J 45

r4f5

Bates of Bassein and how divided ... ••• ^ 45

(46

{46'
461

{47:
47'
Akyab pilot when to forfeit —— ... ... ... 47!

Bavgooit.

Licenses to - how issued ... ... ... 44{

Qualifications for a license to — ... ... n

Candidates for office of — how to apply ... ... }»

Committees to examine — — how nominated ... „

Form of examination for — ..^ ••• ... 44(

Certificate of qualification to be granted to — ... n

Ships where to be boarded by — — ... ••• »>

when entitled to outward pilotage if available

Boats of — - to be licensed

License of to be produced when requured ... 445

I fiag ... ••• ••• ••• ••• >'

Optional with Commanders to take -— • ... ... h

to attend call of masters of ships ... ... 448

liable to penalties for demanding higher rates than

••• if

...

those sanctioned

leaving ship before performance of duty to forfeit

pilotage ••• ••• ••• ••• ••• "

I^'o to take charge of or moor a ship without de-
partmental orders ... ... ••» ••• 449

strictly to obey departmental orders ... ... m

to go outer station if ordered... ... ••• ft

to report alteration of sands, channels, Ac. ... 451

to report on grounding a vessel ... ••• »

- to report when anchors, Ac. are lost ... ... u

IKBEX. xxiii

XOTS. (eontinuei,) Page.

Penalty for disobedience of orders given to and "\ ^^^

I>roved misconduct in matters connected with profes- > .^o
sional work ... ••• ••• ... J

Procedure on suspension of — — ... ... ... 462

Table of to be kept ... ... ... ... 464

Masters of vessels to give two days notice for

— rate of demurrage ...

Masters of vessels to give reason of detention of

Procedure relative to detention of -— — beyond and ( 464
witbin limits of port of Bangoon ... . . . ( 465

Licensed -^— allowed accommodation on Ligbt vessel.. 466

Basbeht.

Licenses for — — how issued ... ... ... 467

Form of license for ... ... ... ... 468

license to be produced when required ...

where to board ships

A^Ubies Oi - ••• •.. ... ••*! ^iin

— demurrage rules ... ... ... ... 462

. • . ... fi

(459

MAXTLHAIir.

Qualification of ... ... ... ... 463

Outside stations of

•..

••• •••

.*• •••

fiags
General duties of
Bates of demurrage for

Aejab.

Licenses for — —

Quaiificstions for a license to

Procedure of examination for

— to produce license when required

G-eneral duties of defined

PLEADEES.

Duties of Government —

Whom entitled dejure to admission as first class

Application for admission as first-class

Examination of first class — how conducted ... ,i

• ••

...

l»

...

•.•

464

f464

...

•.. *

467

• ••

...

467

•••

...

468

...

•••

460

...

•••

...

•••

r470

.*•

••• <

1479

• ■•

...

110

first class —

112

113

xxir

PLEADEHS.

POLICE.

f continued.)

Fees to be received by certificated — — first class
Whom entitled dejare to admimion as second class -*—
Application for admission as second class how

uiAfxe ••■ ■•• ••• ••• •••

Examination for admission as second dass how

conducted ... ... ... ... •••

Pees to be received by certificated — second dass ...
Whom entitled to practice as third class

Bemoval of name from roll

All subject to what rules

Pai

•••

» may make private arrangements as to remunera- i 11
:]on, but in writing ... ... ... ... \ IJ

of the third class

ill

li!]

tion, but m writing

Scale of fees for

Subjects of examination for

Examination of — third dass by whom conducted f 121
and when held ... ... ... ...\1S

Qualifications necessary for admission to grade of third

»'UM»D ^^"^^" ... ... ..« •«. ... X^

Administration of the how regulated ...

Duties of Inspector General of

Duties of District Superintendent of ...

Relations of — with Magistracy ...

Superannuation fund of how formed ...

Assets of — superannuation fund , how brought to

nCCOUUv ... ... ... ... ...

Duties of «—— Goungs ...
Duties of — Kyadangyees
General — - fund abolished

officers invested with Magisterial powers : notifica-
cation regarding ... ...

to assist abkaree officers

to report offences contrary to provisions of Muni-
cipal aCu ... ... ... ... •••

Penalties for disorderly conduct in houses of public en-
tertainment under town Act

Penalty for harbouring deserters from merchant vessels
under town — Act ...

may enter gaming houses under Act XIII of 1856
under Magistrate's warrant

131
131

m
m

1423
305

32!)

329

INDEX. xxy

*OLICE. (continued,) Page.

Duties of regarding gambling in the streete ... 331

Duties of '— regarding registered boats ..• ... 333
Duties of — regarding false weights and measures ... 835
Lost watches in hack carriages to bo delivered to 368

C 392

Duties of regarding nuisances ... ... J ggg

■ notice regarding boa£s in port of Maulmain ... 421

Duties of regarding disposal of dead bodies in

large towns ... ... ••• ... ••• ^39

POPULATION.

■ ■ returns when made out ... ••• ••• .174

POET. POETS.

Indent for stores for any how prepared ... 338

Levy of Port dues in of British Burma ... 401

Limits of ofEangoon ... ... ... 405

Limits of of Bassein, Ac. . . • ... ... 417

Limits of of Maulmain ... ... .•• 420

Police notice regarding hack boats in — of Maul- ( 421

/ 422
mam ... ••• ••• ••• ••• k^^^

Akyab a — — of regist^ under Act X of 1841 ... 429

Shipping master at of Akyab... ... ... »

Limits of of Akyab... ... ... .• ^.34

—^ rules having reference to Akyab ... ..• 436

Limits of and general rules regarding of Kyouk C 438

Phyoo ... ••• — ••• ••• l*^^

Gk)vemment moorings at of Kyouk Phyoo ... 440

Lights when and how to be shown at of Kyouk

Phyoo — ••• ••• ••• ••' ^

Duties of Conservator of — — of Akyab ... ... 443

Limits of mooring ground in of Akyab ... ... „

Procedure regarding detention of pilots within

limits ... ' — ■ ■ ••• ^^

« a .

POET BLAIB.

I^aniitt vested absolutely in Grovernment ... 31

Appointment of officers to superintend management of

land in ■■ ... ... ••• ••• "•

C 32

Administration of Civil and Criminal justice in \ 37

in whom vested ... .*. ••• ••• (^ 38

XXri INDEX.

POET BLAIR, (eontinmed.) p»g«

Marine penalties ftt -— ... ,.. ... ) t

( a:

License for residence in by whom granted ... 36

Conditions of license for residence in — bj whom de-

t^rauned ... ... ' ... ... ... „

Forfeitures how imposed and recovered in ^-^ ... 87

Settlement of placed under whose orders ... J ^

Longitude of ... ... ... ... 444

POET DUES.

Levy of -^ in the ports of Maulmain, Sangoon,
Kyouk Phyoo and Aiyab ... ... ... 401

I Levy of in the port of Bassein ... ... 411

POET FUNDS.

Constitution of ... ... ... ... 338

Whom responsible for preparation of accounts of 339

POUNDS.

Stray animals to be placed in ^-^ ... ... 333

PEISONEES.

European when committed to Supreme Court — pro-
cedure regarding ... ... ... ... 125

PROCESSES— CRIMINAL.

Fees on — to whom credited and addition to what ... 132

QUENGS.

See Village Tracts.

EBCOBDEB.

may refer certain suits to Segistrar ... .. 53

Appeal to Uer Majesty in Council from — — when may

-»— Court a Court of Sessions within limits of Civil

jurisdiction ... ... .•• ... ... 54

Proceedings of as Court of Session how regulated ... 55

No appeal from order of — in Criminal cases ... „

Commissioner may sit with — — and record opinion ... 56

Commissioner in absence may exercise powers

01 •■■^i^ «a« g(g ... .«« .!( 0/

IXBEX* XXV41

RECOBDEB. (eontinued.) Page.

Notification regarding appointment and limits of Civil

jurisdiction of Buigoon ... ... ... 58

Do. do. do. Maulmain ... 59

Bules for the Court of at Bangoon ... ... 61

Bules for admission of Advocates in Court of ... 80

Bules for service and execution of processes in -—

Oourt ... ... ••• •.• ... o4i

Notification regarding translators to Court and

their fees ... ... ... ... ... 86

Notification regarding revised rules of practice in Court

01 ^■""'^ ••• ,,, ... ... •*• oO

SEGISTBAB.

Appointment and duties of — -•- of Becorder's Court ... 50
Procedure in case of plaint being considered defective
oy ^^^■"" ••• ••. ... ••• ••• ox

Execution of decrees by — ... ... ... „

Powers of — of Becorder's Court ... ... „

Suits congnizable by -*— how to be heard ... ... 52

No appeal shall lie from any order passed as above

Ijv

a/ T •«• ■•• ••• 999

••• i»

Becorder may refer certain suits to — — ... ... 53

Appeal may lie from decision to Becorder ... „

Notification regarding appointment and powers of — — 61

EETUBN. BETUBNS.

to be furnished by grantees of land ... ... 173

population when to be forwarded ... ... 174i

of miscellaneous receipts ... ... ... „

Bevenue -^ — to be made to Chief Commissioner ... 175
Tabular — — - regarding village tracts and Appendices

how filled up ... ... ... ... ... 243

EEVENTJB.

officers in the province ... ... ... 143

Processes against —> defaulters ... .,. ... 169

Penalties for illegal execution of or otherwise ... 171

Penalties for fiEdse complaints and resistance of — —
process ••• ... ... ... ••• ^^

cases by whom to be tried ... ... ... „

Complaints in — ^- matters before whom to be prefer-
red ... ... ,,, ... ,.» *«t x/^

XXVUl

IXBEX.

BEVEXUE. (continued.)

Language of record in

Costs in cases

Appeals in cases

cases

•••

Procedure regarding fines under ^— rules ...
Punishment for breach of rules

returns when to be forwarded

returns to be made to Chief Commissioner

EOOFS— BOOPING.

Incombustible

— necessary in Prome
Prohibition of combustible to be gradual

General procedure regarding — of houses in Prome

SALT.

SCHOOLS.

Bates of tax

Manufactories of— to be visited by Thoogyee
Statement of increase and decrease of
Penalities for evasion of — — tax ...
Special duty on — — imported by sea

Orant-in-aid rules for

Land measuring in Prome district

•••

SEAMSHOO.

Form of agreemoit for -— fiumer

SHIPPING MASTEB.

returns to whom forwarded ...

to grant licenses to procure seamen and fees, &e,.,

at port of Akyab

•••

SHIP BUILDING TABDS.

Vide Lands.

SLAUGHTEB-HOUSES.

— to be properly drained
Duties of Magistrate regarding
Number of — — allowed in Bangoon

Duties of license holder of . . .

Penalty for breach of rules . . .

17^

{

397!

•4

397
3d8
399

I6S

})
169

)i
307

542
545

302

407

>»
429

••• 326

... 391

••• >»

... 392

IXBEX.

XXIX

iPIETT FAEMEB.

Vide Abkaree.

•

Page.

SPIBITS.

Importer of

Special duty on •

- must take out pass

under Act XXX of 1854

... 297
... 308

STAMPING MACHINES.

— — how to be worked in British Burma 549

STAMPS.

— revenue how appeal... ... ... ... 175

STRAY ANIMALS.

Duties of Police regarding — ... ... ... J qq^

— (dogs) to be killed at certain periods] ... ... 834

SULPHUB.

Special rules regarding — under Act XXX of 1854... 310

TAEEE.

Bights of owners of — — - trees not to be interfered with 292
*— licenses how obtainable ... ••• ... „

TAVBEN KEEPBES.

licenses haying reference to — — - and abkaree rules ... 299

— not to sell to whom ... ... ... ••• 800

TEAK.

Special duty on in Tenasserim under Act XXX of f 308

1854 ... ... ••• ... ••• ^809

Bulesfor floated under Act XXX of 1854 .... 809

(483
— ~- trees how to be protected under Forest rules ... •< 484

(487

Disposal pf — timber ... ... ... ... 487

Foreign — *- timber how dealt with on Irrawaddy

and Sittang^, also at Bangoon, Manlmain and Bassein. 488

THOOGTEE. THOOGTEES.

Duties of ... ... ... ... ... 147

-—* measurements when to be tested ... ... 149

Begulations for grant of waste land by — ... 151

Intention of reclaiming lands to be notified to ^— ... 154

Intention of abandoning land to be reported to ... 156

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