Indian Antiquary Vol 03

SR No.: 032495
Original Sutra Author: N/A
Author: Jas Burgess
Publisher: Swati Publications
Publication Year: 1984
Total Pages: 420
Language: English
Classification: Book_English
File Size: 19 MB

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THE INDIAN ANTIQUARY.
[JULY, 1874.
thereto their seals and signatures. They are like- examined except when it became necessary to wise to keep a list of all such papers; and in the produce them in court. event of their death, resignation, or removal the 8. When Act XI. of 1864 was passed, there list and papers are to be delivered completed to were in Bengal about 450 town and pargana their successors."
Qazis. I hoped to have been able to give some "VIII.-The Qazis stationed in the cities, towns, idea of the amount of work which they did, by and parganas are not to exact any fees for means of a statement showing the annual number drawing up or attesting papers, or for the cele- of registrations in their books. This has, however, bration of marriages, or for the performance of been found to be quite impossible, because in many any religious duties or ceremonies which it has districts the books are very incomplete. For years been customary for them to perform; excepting together, there are sometimes no records whatsuch as the parties concerned may voluntarily ever from particular offices, and in some cases it agree to pay, or has hitherto been the practice." is difficult to say to what year the existing regis
6. Nor was any very active executive control ters belong. exercised by the late Sadr Court. In 1838* the 9. On the whole, it must, I fear, be admitted Court having found that Qazis' records were not that the Qazis' records which we possess are of always deposited in the office of the Judge, and no very great practical value. In those cases that consequently they were exposed to loss and where the books were kept with care and subdamage, directed that the copies should be made mitted regularly when completed, some degree of in books supplied by the Judges, paged through- reliance may perhaps be placed upon them. And out and attested with their initials; that a monthly the seals of particular Qazis known to be men of list of deeds attested and registered should be probity undoubtedly carried, and perhaps still submitted in a prescribed form, and that the regis- carry, weight among the people. But Government ter books themselves, when filled, should be sent has, of course, no means of separating the wheat to the Judge and kept with his records,
from the chaff. Such books as we possess have, In the following year it was found necessary to under the Lieutenant-Governor's orders of last issue orders † that "no Q&zi should be permitted year, been examined and repaired, and we shall to delegato any of his essential functions, such as soon, I trust, everywhere have such record-rooms the power of affixing the seal of office to documents, as will preserve them from the risk of unnecessary to an irresponsible agent not recognized by law :| exposure to weather and the attacks of insects. as the residence of a Qizi at a distance from his But the whole system had fallen completely into nominal jurisdiction. and his appointment of a decay long before it was abolished, if not before naib to act under his sanad by proxy, are opposed we undertook the administration of the country, to the obvious use and purpose of the office, and its mouldering remains have little real value. and irreconcileable with a due discharge of its 10. But while, as I have shown above, no serious duties.
attempt was made at improving the machinery of In 1851 the Court issued a circular to explain registration bequeathed to us by our Mughul prethat the attestation of deeds by Qazis had not the decessors, Regulation XXXVI. of 1793 provided legal effect of registration.
for the establishment of a new registry office at 7. The above seem to have been the only at- the head-quarters of each zilla, and in the cities tempts ever made to control Qazis in their capacity of Patna, Dakha, and Murshidabad, its supervision as registrars of deeds. Nor does it appear that any being entrusted to the register of the Court of arrangements were made for securing obedience Diwani Adalat, under the general control of the to the rules laid down in the circulars above Judge. Under this law, only deeds affecting real quoted. Whether monthly lists of registered property, wills, and authorities to adopt, could deeds were always submitted, I have no means of be registered. Registration was, of course, in all saying; but it seems to me improbable, since paged cases, voluntary, but it was provided that regisbooks attested by the Judge's initials were cer tered deeds should henceforward take precedence tainly not everywhere used, nor were completed of unregistered deeds affecting the same property, registers always sent in to the Judge's record-room. even though the date of such unregistered My impression is that in most districta Qazis deeds should be earlier; provided, however, submitted their monthly lists and sent in their that if the purchaser or mortgagor under a regiscompleted registers, or refrained from doing so, tered deed had been aware of a previous unregisvery much as they pleased, and that at all events tered sale or mortgage, the precedence of his neither lists nor registers were ever opened or registered deed should be forfeited. Under Regu. • Circular Order No. 3005, dated 28th September. + Circular Order No. 61, dated 25th December 1839.
1 Circular Order No. 15, dated 25th July 1851.