The people soon found in their rulers under the new system a scrupulous
discharge of all positive duties, combined with a diminished
consideration for native prejudices, a neglect of many punctilios of
etiquette, and a stern hostility to every exceptional privilege
exempting an individual in any degree from the operation of the rules of
general administration. This last-mentioned tendency showed itself
particularly in the case of the rent-free tenures, which had for some
ten years previously been undergoing revision.
These landed tenures were held under grants from former rulers,
exempting the grantee and his heirs from all payment on the score of
revenue, though sometimes, as in our own feudal tenures, imposing upon
him obligations of suit and service in some form or other.
When the framers of the Cornwallis code, in 1793, determined on
recognising the validity of every such tenure as was held under an
authentic and sufficient grant, a provision was at the same time made
for their being carefully recorded and registered.
This duty of registration was, however, either totally neglected or very
imperfectly performed, and the consequence was, that by collusive
extensions of their limits, and other means, such as it would be tedious
to explain, the rent-free tenures were gradually eating into the
rent-paying lands forming the main source of the revenues of the state.
Careful revision, therefore, became necessary, and was in fact commenced
so far back as the year 1819. The inquiry was intrusted to the officers
of the revenue department; but for some time permission was left to
those discontented with their award, to bring the question at issue
between them and the Government before the regular courts of justice for
final decision. This process proving too tardy, in about ten years
afterwards a sort of exchequer court, called a Special Commission, was
erected for the trial of appeals from the decisions of the revenue
authorities on the validity of rent-free grants. This commission was
filled by officers of the judicial branch of the service, and their
proceedings, carried on in strict conformity with the practice of the
courts of civil justice, gave no offence, and created no alarm,
notwithstanding that extensive tracts were brought by their decisions
under the liability of paying revenue to the state. But not long after
the country had entered into the third period of its administration, the
revenue authorities got impatient of all restraint, and sought to break
through the impediments of judicial procedure and rules. The primary
proceedings, being intrusted to young deputy-collectors, were carried on
with a rapidity which rendered due investigation utterly impossible, and
all real inquiry must have been deemed superfluous by juniors, who saw
their superiors gravely pronounce, even in official documents, that the
very existence of a rent-free tenure was an abuse, and ought to be
abated.
Public-domain text, read in full here on John Shaqi.
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