Citation
The Lower Burma Headman's manual

Material Information

Title:
The Lower Burma Headman's manual
Creator:
Burma
Place of Publication:
Rangoon
Publisher:
Office of the Supt., Govt. Print., Burma
Publication Date:
Language:
English
Edition:
4th ed.
Physical Description:
35 p. : ; 25 cm.

Subjects

Subjects / Keywords:
Colonies -- Administration -- Burma. ( lcsh )
Local government -- Handbooks, manuals, etc -- Burma ( lcsh )
Local officials and employees -- Handbooks, manuals, etc -- Burma ( lcsh )
Genre:
federal government publication ( marcgt )
handbook ( marcgt )
non-fiction ( marcgt )
Handbooks, manuals, etc ( lcsh )
Spatial Coverage:
Asia -- Myanmar
Coordinates:
22 x 96

Notes

General Note:
Cover title page bears the date 1911, while internal title page bears the date 1910.

Record Information

Source Institution:
SOAS, University of London
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
724311 ( aleph )
OCM21859995 ( oclc )
21859995 ( oclc )
GB352 /4484 ( soas classmark )
Classification:
GB352 ( ddc )

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Full Text
THE
LOWER BURMA HEADMAN'S
MANUAL
FOURTH EDITION
RANGOON
OFFICE OF THE SUPERINTENDENT. GOVERNMENT PRINTING, BURMA
igiO


LIST OF AGENTS
for the
SALE OF GOVERNMENT PUBLICATIONS.
In India:
Thacker, Spink 8c Co,, Calcutta.
W. Newman 8c Co., Calcutta.
Thacker 8c Co., Bombay.
Higginbotham 8c Co., Madras.
Proprietor, Hanthawaddy Press, Rangoon.
Superintendent, American Baptist Mission Press, Rangoon.
In England :
E. A. Arnold, 41 and 43, Maddox Street, Bond Street, W. London.
Henry S. Kin-g & Co., 65, Cornhill, E.C., London.
Constable & Co., 10, Orange Street, Leicester Square, W. C.
Kegan Paul, Trench, Trübner 8c Co., 43,Gerrard Street, Soho, London, W."
Bernard Quaritch, ii, Grafton Street, New Bond Street, W,
P. S. King 8c Sox, 2 &: 4, Great Smith Street, Westminster, London, W. S.
Grindlay & Co., 54, Parliament Street, S. W.
T. Fisher Unwin, i, Adelphi Terrace, London, W. C.
B. H. Blackwell, 50 8c 51, Broad Street, Oxford.
Deighton Bell 8c Co., Cambridge.
W. Thacker Sc Co., 2, Creed Lane, London, E. C.
Luzac 8c Co., 46, Great Russell Street, London, W. C.
On the Continent:
R. Friedlander 8c Sohn, ii, Carlstrasse, Berlin, Germany.
Otto Harrassowitz, Leipzig, Germany.
Karl W. Hiersemann, Leipzig, Germany.
Ernest Leroux, 28, Rue Bonaparte, Paris, France.
Martinus Nijhoff, The Hague, Holland.
Rudolf Haupt, i, Dorrientrasse, Leipzig, Germany.


TABLE OF CONTENTS.

Chapter I.—Appointment and privileges of Headmen i
Chapter II.—General duties and liabilities of Headmen 2
Chapter III.—Criminal and Civil powers of Headmen 5
Chapter IV.—Rural Policemen ... ... ... 9
Chapter V.—general duties and liabilities of the residents of 11
a village-lract.
Chapter VI.—Public Nuisances and Sanitation ; Prevention of 13
fires ; Slaughter of caltle.
Chapter VII.—Registration of vital statistics 16
Chapter VIII.—Contagious or infectious diseases ... ... 18
Chapter IX.—Residence in village-tracts; Erection of houses; 21
Dwelling sit:s.
Chapter X.—Duties of Headmen concerning land within the 23
village-tract.
Chapter XI.—Collection of Revenue
Chapter XII.—Excise and Opium 31
Chapter XIII.—Famine and Scarcity ... 34
Chapter XIV.—Books, etc., to be kept by Headmen 35


THE LOWER BURMA HEADMAN'S MANUAL.
CHAPTER I.
151 and
184,Village
Manual.
Appointment and Privileges of Headmen.
1. The Headman is appointed by the Deputy Commissioner, ^'"HJ 9
and receives an appointment order under the Deputy Commis- ia)-
sioner's signature. The area under him, which includes the Act-
lands belonging to the village or villages under his control, is
known as a village-tract. The Deputy Commissioner will
inform the Headman as to the limits of his village-tract if there
is any doubt.
2. Headmen are entitled to attend Darbars held in their
districts by the Lieutenant-Governor. M*nual-
3. Headmen do not receive fixed salaries. When they g^p^aa,
collect the revenue of the village-tract or a fine inflicted on the
residents of the village-tract under the Village Act, they receive
a commission on the amount collected. They are not entitled
to pension.
4. Any remuneration received by a Headman is not liable f6"?°!|nd
to attachment by a Civil Court and cannot be assigned by the JvctyilIa8e
Headman to any one else.
5. When the ordinary emoluments of a Headman are in- commu-1
sufficient, unoccupied land at the disposal of Government subject
to a maximum of 25 acres may be leased to a Headman as an
appanage of his office subject to the payment by him of the
usual revenue. Only land available within the village-tract of 19001
the Headman concerned will be so leased. Applications for
leases should be made by the Headman to the Township
Officer.
6. Such leases determine on the death of the Headman or
on the vacation by him of his office. The land so leased
cannot be alienated in any manner, but the Headman may
sublet the land for one year at a time and not for two years
consecutively.
7. Every Headman is entitled to carry a silver-mounted da, g^ph'sai
and selected Headmen are also entitled to have a red umbrella v"n4e
carried before them as the insignia of their office. Only Head- Manual
men selected by the Deputy Commissioner will be entitled to
the 11th
December


( 2 )
the latter distinction. In making the selection, the Deputy-
Commissioner will include all Headmen who are distinguished
for their loyalty. Any Headman who is guilty of misconduct
will be removed from the list of those entitled to the higher
distinction.
paragraph 86 8. In all Municipal and Government schools, the sons or
Manual. ma]e Qf f|eadmen WJ1Q are t0Q pQor tQ feeg are
admitted as free scholars ; and in vernacular aided schools, in
such cases, the fees are paid by the Deputy Commissioner.
Cadets of Headmen's families may be exempted by the Deputy
Commissioner from payment of fees at Government Survey
Schools.
CHAPTER II.
General Duties and Liabilities of Headmen.
Paragraph 9- The Headman is personally responsible for the per-
Manual.^ • formance of the duties imposed on him, and must reside
within his village-tract.
Section 7,1 10. The Headman must without delay communicate inform-
Xct?se ation to "the nearest Magistrate or to the officer in charge of
the nearest police-station, whichever is the nearer—
(a) if any notorious receiver or vendor of stolen property
lives in or comes to stay for a time in his village-
tract ;
(£) if any person known or suspected to be a dacoit,
robber, escaped convict or proclaimed offender
passes through or comes to the village-tract;
(c) if any one commits, or attempts or intends to
commit—
(1) homicide,
(2) dacoity,
(3) robbery,
(4) an offence against the Arms Act,
(5) any other offence which the Deputy Com-
missioner may order the Headman to report ;
(d) if any sudden, unnatural, or suspicious death occurs
in the village-tract;
f"'r°"ami I1- The Headman must enquire into any of the above-
Actyillage mentioned offences committed in his village-tract; and must
search for and arrest any person whom he has reason to believe
to have been concerned in the commission or attempted
commission of any of those offences.


< 3 )
He must try to recover any property taken by robbers or
-dacoits.
He must arrest any person lurking in the village-tract who
cannot give a satisfactory account of himself.
12. He may search for and arrest— General'"
(1) any person known or believed to be concerned in an Senf"
offence for which a police-officer may arrest without ho"'no"
warrant; _ _ 1
(2) any person having in his possession without excuse ?9oc8e.mbcr
an implement of house-breaking ;
(3) any proclaimed offender ;
(4) any person in possession of stolen property and
suspected of having come by it unlawfully ;
(5, any person who obstructs a police officer in the
execution of his duty ;
(6) any escaped prisoner or deserter from the Army or
Navy.
13- He must without delay send to the nearest police- section
• 11111 r , 8 (11 OH,
station any one whom he has arrested and any weapon or other viuaEe
article required as evidence. He should inform the beat
constable of all serious offences.
14. Y\ henever a person's name is entered on the Police ^"s^p*
Surveillance Register, the officer in charge of the police-station viiUg«
•11 r 11 1 1 tt 1 r 1 Manual.
will communicate full particulars to the Headman of the
village-tract in which the person resides for the time being.
When such person leaves his home, it is the duty of the
Headman concerned to inform any police-officer visiting the
village-tract of the departure of such person, and his alleged
destination, if known.
15- If the Headman hears of the advent of a suspicious
stranger in his village-tract, it.is his duty to question the
person regarding his antecedents and residence, and to report
to any police-officer visiting the village-tract all the information
obtained by him.
16. The Headman must supply anv local information section
• • . ^ ^ * 8 (1), (I)
required by a Magistrate or police-officer. and'm.
He must assist all Government officers in the execution of Act.'
their duties.
17- The Headman must resist any unlawful attack on any f0^10^
village within his village-tract, and he must take such measures
and execute such works for the protection of the village or Act.
villages in his village-tract as the Deputy Commissioner may
direct.
18. Where a village is fenced, the headman should see
-that the fence is of good height and depth and properly


( 4 )
Manual.
strengthened by poles and cross-poles, and that the gates are
kept in good repair. He should see that " kins " are kept
nightly, that the young men practise billet-throwing and that
the residents of the village-tract know what they have to do in>
case of an attack. He should provide himself with a gong
which can be heard all over the village,
8 19- The Headman must keep open communications between
vmage j.v[j]age or villages within his tract and adjacent villages or
towns in such way as the Deputy Commissioner may direct.
fi)0^0" 8 20. He must collect and furnish, upon receipt of payment
Acta;epCnra. in advance at rates fixed by the Deputy Commissioner, guides,
^"lage5' food, carriage and means of transport for troops or police posted
in or near or marching through his village-tract or for any
Government servant travelling on duty, or, if so ordered by the
Deputy Commissioner, for any traveller.
Payment should be obtained on the form in counterfoil
prescribed for the purpose: the foil should be given to the
person making payment who should sign the couqterfoil.
The Headman is not bound to collect supplies beyond the
limits of his village-tract or to furnish carriage or means of
transport for more than twelve hours' journey from the village-
tract.
He must not call out for personal service people who are
not of the labouring class or who are not accustomed to the
work required.
21. If so directed by a Magistrate, or by an embankment
Act.age officer, or by any person authorized by such officer, he must
furnish labourers for making or repairing roads, embankments,,
or other public works,
section 22. Any Headman who neglects his duties or abuses his-
Actf65 powers may be fined up to Rs. 50 or suspended for not more
than six months, or removed or dismissed, by the Deputy"
Commissioner.
graphs 37 23. A Headman may absent himself from his village-tract
üge' Vil" on his private business for a period not exceeding seven days
on his own responsibility. He should leave a ten-house^ß«^
or other suitable person in general charge of the village-tract
during his absence, but this substitute has no legal powers and
cannot be held legally responsible in the same way as a
Headman.
24. For leave of absence for more than seven days and not
exceeding one month the Headman should obtain the sanction^
of the Township Officer, who will arrange for the general charge;
of the village-tract during the Headman's absence.
Section 8
(1) (h>,
Manual.


( 5 )
25. Leave of absence for more than one month may be
granted only by the Deputy Commissioner.
26. Ordinarily, except when a temporary substitute is
formally appointed, a Headman shall not be absent from his
village-tract during a revenue-collecting season unless his
revenue has been collected and fully paid in.
CHAPTER III.
Criminal and Civil Powers of Headmen.
Criminal Powers'of all Headmen.
27- The Headman may try persons who commit any of the Sccti°|j ^
following offences in his village-tract, if a complaint is (2!,viiiage
made to him within eight days after the offence has been
committed:—■
(a) assault;
(1b) theft of property worth not more than Rs. 5 ;
(c) mischief where the damage caused does not exceed
Rs. 5;
(d) criminal trespass ;
(e) insu^ calculated to provoke breaches of the peace g™««1
(section ^04. Indian Penal Code) ; ment
//•. 1 . 1 • • • Noufica-
(/) doing obscene acts or singing, reciting, or uttering tion ^
obscene songs, ballads or words in a public place
(section 294, Indian Penal Code) ;
(g) misconduct in public by a drunken person (section 5 10,
Indian Penal Code) ; and
{h) the offence of grazing cattle or allowing cattle to
trespass, or cutting or rooting out any trees, shrubs,
or grass on any embankment, without leave of the
Embankment Officer.
See also paragraph 121.
28. If the Headman convicts the accused, he may fine him
any sum not exceeding Rs. 5, or, in cases of theft or mischief,
not exceeding twice the value of the stolen property or the
amount of the damage ; or he may confine him for not more
than 24 hours; or he may both fine and imprison him to the
above extent.
The Headman may take and keep a fee of one rupee from
the complainant in each case.
dated the
Ulli De-
cembcr
1908.
Section 0''
(3) and(9).
Village
Act.


( 6 )
Powers and Procedure of Headmen "with Special
Criminal Powers.
section g 29. A Headman specially empowered by the Commissioner
$n"gdc(n)' may, on complaint, also try cases of theft or mischief when the
Act" value of the property stolen or the amount of the damage
exceeds Rs. 5 but does not exceed Rs. 50. In such cases he
may fine the accused, if convicted, not more than Rs. 50 or
confine him for not more than 15 days; or he may both fine
and confine him to the above extent.
A Headman specially empowered as above may take and
keep a fee of Rs. 2 from the complainant in each such case.
(6)Cvuiage At every trial before a Headman both the complainant
Act-. , and accused must be present.
m'ndian ^ ^he accused intentionally omits to attend when summoned
by the Headman, or goes away before it is lawful for him to
' depart, the Headman may lay a complaint against him before
the Township Magistrate.
fs)Cvuiage 31- The Headman may pay the whole or any part of the
Ru'['e3nin t0 complainant: as compensation.
Depart' Headman must give a written receipt for all fines paid
rncnt tO hilTl.
Notifica-
tion No.
464, dated
the Oth
December
section 9 32- If the complainant and accused agree, they may cora-
(l'ojTvii- pound a case at any time before the Headman has decided it.
tage Act. If the accused is convicted, he must repay to the com-
plainant the fee paid to the Headman, besides paying any fine
that may be imposed.
If;the accused, after conviction, does not pay the fine, the
Headman should report the fact to the Township Officer and
ask him to issue a warrant.
Generli11 33- The Headman must enter particulars of every case
men"'" which he tries in a register supplied for the purpose by the
Deputy Commissioner.
Notifica-
tion No.
454, dated
the 9th
December
1903.
section 9 34. The place where persons ordered to be confined by
läge Act. the Headman are to be kept is prescribed by the Deputy
Commissioner.
para. In remote villages and for all sentences for 24 hours or
i7iphand less the Headman's house or other suitable building is the
iaeiv"' place of confinement, but when a sentence exceeding 24 hours
is passed and there is a jail or a police-station within a day's
Manu al.


( 7 )
journey of the village, it will generally be convenient that the
jail or police-station should be used. In such cases the Head-
man should use the form of warrant prescribed for the purpose,
of which copies will be supplied to him by the Deputy Com-
missioner.
Women and juvenile offenders must in all cases be confined
in a house in the village in which the headman resides, and
must not be sent for confinement in a jail or police-station.
35- Fines imposed, unless paid away in compensation, must
be paid to the Township Officer, who will give a receipt for j^.vii-
them. All receipts given by the Township Officer must be Manual,
pasted into the last page of the Headman's register of cases
referred to in paragraph 33 above.
Powers and Procedure of Headmen empowered to try
Civil Suits.
36. A Headman specially empowered by the Commissioner ^Jâ„¢
may try civil cases, provided that the plaintiff and the Act-
â– defendant or, if there are more than one plaintiff or more than
•one defendant, all the plaintiffs and all the defendants live with-
in his vil'age-tract. The value of the suit must not exceed
Rs. 20. The classes of cases which he may try will be intimated
to the Headman. They are usually suits for—
(1) money or moveable property ;
(2) matrimonial suits ;
(3) suits for damages on account of actionable wrongs.
37- A fee is paid to the Headman on institution at the «
'following rate :— iaE=Act.
Rs. a.
If the-value of the suit is Rs. 10 or less ... ... i o
If the value of the suit is more than Rs. 10 and not more
than Rs. 15 ... ... ... ... 1 8
If the value of the suit is more than Rs. 15 ... 2 o
No other fees must be paid except the execution fee under
paragraph 45.
38. The plaintiff may begin his suit either by making an
oral complaint, to be reduced to writing: by or under the orders m<=nt
r i.1 TT i • r ■ 1 • Nollfica-
'Oi the Headman, or by presentation of a written plaint. uonNo.
« r\ 1 • • • r 1 T T 1 1 11 453> dated
39- Un the institution or a suit the Headman shall cause
to be served on the defendant a written notice specifying the wusi
name of the plaintiff, the nature of the claim and the time and
place at which the suit will be tried, and directing the defendant,
if he wishes to dispute the china, to appear with his witnesses
at the time and place fixed. He shall also inform the plaintiff
â– of the date so fixed.


( 8 )
40. At the time and place fixed the Headman shall proceed
to hear and try the case. He shall examine the parties and
their witnesses and deliver judgment.
41. The Headman shall record or cause to be recorded
the names of the witnesses and the substance of their evidence
and a brief statement of the grounds of his order.
42. The Headman may adjourn the case from time to time,,
noting the dates of adjournment on the record, either to obtain
the attendance of further witnesses of for any other reasonable
cause.
43. The Headman shall decide whether the unsuccessful
party shall pay the costs of the other party or not. He
may award as costs any reasonable charges incurred by the
successful party for the purposes of the suit, provided that the
total costs, including the fee prescribed by section 6, sub-
section (4), of the Act, shall in no case exceed one-quarter of
the value of the suit.
44. If the plaintiff does not appear at the time and place
fixed, the Headman shall dismiss the suit, unless for any
reasonable cause he thinks proper to adjourn it. Similarly,
if the defendant fails to appear, the Headman shall proceed
with the trial in his absence, unless for some special reason he-
thinks better to adjourn. In the former case, if his decision is
in favour of the plaintiff, a copy of it shall be served upon the
defendant, and if the latter within ten days appears before the
Headman and proves that he was unable to attend, the Head-
man shall hold a fresh trial, provided that the cost of the
second trial shall in all cases be borne by the defendant,,
whatever the result. A suit dismissed on account of the
non-appearance of the plaintiff may similarly be reopened within
ten days on sufficient cause shown.
45- If the unsuccessful party neglects or refuses to pay the
amount awarded within ten days, the Headman may, on the
application of the other party, serve the unsuccessful party with-
a notice, directing him to pay to the Headman the amount, with
one rupee additional as a fee, within five days. If the debtor
still neglects to pay, the Headman shall, after the expiry of
the five days, attach and sell by public auction so much of the
debtor's moveable property as is sufficient to defray the amount
awarded together with the fee. The Headman shall, out of
the proceeds of the property, pay the amount awarded to the
successful party ; the balance, after deducting the fee of one
rupee, shall be returned to the judgment-debtor. The Head-
man shall record a brief note of any action taken by him under
this rule and shall file it with the record of the suit.


( 9 )
46. If the judgment-debtor has removed to another village-
tract, the Headman shall inform the Headman of the debtor's
new village-tract by writing to him and sending the notice
above-mentioned, and the second Headman shall then proceed
to recover the amount as if he had passed the order himself ;
the only difference being that he will pay the amount awarded
to the first Headman instead of to the successful party.
47- The Headman shall be entitled to retain all fees for
•execution of judgments as well as all fees levied under section 6,
sub-section (4), of the Act.
48. The Headman shall keep an account of all fees in the
â– form prescribed for the purpose.
49. This account, together with the records of all suits
tried by the Headman during the month under section 6, shall,
provided that the judgment has been satisfied, be sent to the
Township Officer not later than the 20th of the following month.
Provided that in the case of any particular Headman, the
Deputy Commissioner may direct that the account and records
shall be submitted quarterly instead of monthly.
50. Whenever, after the institution of a suit before him, it
appears to the Headman that the decision of the case involves
a difficult question of law, it shall be competent for him to stay
proceedings, t,o refund the institution fee, and to recommend
the plaintiff to file a suit in a Civil Court.
51. The decision of a Headman in a Civil suit is subject to d'^?.1
revision by the Township Officer. - SolLa-
tion No.
219, dated
the Hth
. July 1908.
CHAPTER IV.
Rural Policemen.
52. Rural policemen (ten-house gaungs) are appointed by !ß'vma£e
the Deputy Commissioner or by a Subdivisional or Township Manual-
Officer empowered by the Deputy Commissioner in this behalf,
and receive appointment orders.
53- They do not receive pay, but those among them who ^.vmlge
were yazawutgaungs will retain their pay as yazaiuutgaungs Manual-
during life or tenure of office.
54- Rural policemen are subordinate to the Headman.
They have all the powers and privileges of police-officers and °cntrt"
are bound to perform all the duties of police-officers. Every J^Nof
rural policeman is bound— fh?8t?ted
(i) to search for and arrest, any person whom he has ?9j8e.mber
reason to believe to have been concerned in the


( IO )
commission, or attempted commission, of any of the
following offences, namely,—
(a) homicide,
(b) dacoity,
(c) robbery,
{d) offence against the Arms Act,
(e) any other offence specified by the Deputy-
Commissioner,
and to recover, if possible, any property taken by
any such person ;
(ii) to arrest any person found lurking within the limits of
the village-tract who cannot give a satisfactory
account of himself ;
(iii) to deliver to the Headman any person arrested by
him or made over to his custody, together with any
weapon or other article likely to be useful as-
evidence;
(iv) to resist any unlawful attack made upon any village
within the village-tract;
(v) to assist the Headman in registering all births and:
deaths which take place within the village-tract and
any other vital statistics which the Headman may
be required to register ;
(vi) to supply any local information which any Magistrate:
or officer of police .may require ;
(vii) generally to assist the Headman and all officers of
the Government in the execution of their public
duties.
section ii 55. Every person residing in a village-tract is bound to assist
iage Act. a rural policeman, if required to do so, in the execution of his-
public duties.
section 56. If any person refuses or neglects to assist a rural
Act. policeman in his public duties when so required, the Headman
may fine him to the extent of Rs. 5, or may confine him for
a term not exceeding 24 hours, or inflict both penalties. If
the Headman thinks this punishment insufficient, he may
complain to a Magistrate in order that heavier punishment
may be inflicted.
Section 10 57- Any tural policeman who neglects his duties or abuses
vmage ' his powers may be fined up to Rs. 50, or suspended for not
more than six months, or removed or dismissed, by the Deputy
Commissioner or ether officer empowered to appoint a rural
policeman.


( II )
CHAPTER V.
General Duties and Liabilities of the Residents
of a Village-tract.
58. Every person residing in a village-tract is bound to s«"«™
communicate to the Headman any information which he may use Act.
obtain respecting the commission-of, or attempt or intention
to commit, within the village-tract, any of the following
offences:—
[a) homicide ;
(b) dacoity ;
i, (c) robbery ;
(d) an offence against the Arms Act;
(e) any other offence which the Deputy Commissioner
may order the Headman to report.
He is also bound to resist any unlawful attack made upon
any village within the village-tract.
59. He must take such measures as may be prescribed for f^v""lr
(1) the registration of births, deaths and vital statistics, (ii) the lae'eAi:t'
prevention of public nuisances, (iii) the cure or prevention of
the spreading of any contagious or infectious disease among
human beings and domestic animals of any kind, (iv) the pre-
vention and extinction of fires, (v) the general sanitation of
the village-tract, and (vi) the regulation of the slaughter of
"cattle. His duties in these matters are mentioned in Chapters
VI—VIII of this Manual.
60. He is bound, on the requisition of the Headman or of f/'vi"11
a rural policeman, to assist him in the execution of his public la^Act»
duties.
61. When employed under the orders of the Headman or f8a0r®^"I>,r
rural policeman in watching his village at night he is allowed ^Inuai.
to go armed with a spear.
62. Any person residing in a village-tract who, without f^y",?
reasonable excuse, refuses or neglects to perform the public laseAct'
duties imposed on him or to assist the Headman or rural
policeman in his public duties when so required is liable, by order
of the Headman, to a fine not exceeding Rs. 5i or to confine-
ment for a term not exceeding 24 hours, or both these penalties.
If the Headman thinks this punishment insufficient, he may
complain to a Magistrate in order that heavier punishment may
be inflicted.


(12 )
«"Hand 63. The Deputy Commissioner may fine the residents of a
Ä™" village-tract
(a) if they assist, harbour, or fail to take all reasonable
means to prevent the escape of any criminal;
(b) if they suppress, or combine to suppress, evidence in
a criminal case;
(c) if they do not restore stolen property tracked to
their village-tractor take on the track beyond their
limits ;
(d) if any person is dangerously or fatally wounded
unlawfully, or if the body of any person unlawfully
killed is found in the village-tract, unless the resi-
dents can show that they could not prevent the
offence or arrest the offender, or that they have
done their best to bring the offender to justice.
In the above cases, instead of fining the residents of th^1
village-tract, the Lieutenant-Governor may increase the capi-
tation-tax or land revenue.
64. The law as regards stolen property tracked to a village-
Manual. tract is based on the following passage from the Manuky&
Dhammathat (Volume IV, section 3) :—
" 3rd. The law by which the district to which the foot-marks
of stolen cattle are traced shall be caused to make good the loss.
" Oh king ! if any one's horses, buffaloes, or oxen be stolen, and the foot-marks
are really traced to any district, that district may be sued ; if the fact be not ascer-
tained, or there be no foot-marks, there shall be no claim against the district.
Wise men must note this. If horses, buffaloes, or oxen be lost, and the owner shall
trace their foot-marks into any village, the people of the village and the thugyi, that
they may be free from blame, ought to go with him and point out the place where
the foot-marks leave the village. If they do not show the place by which they left
the village, they should be caused to replace them."
a20(a)r,aph 65. It is the duty of the Headman and the residents of any
Manual, village-tract from which cattle are stolen to follow up the track
at once. The Headman should at the same time send, prompt
notice to the nearest police-station, and the police should join
the trackers without delay.
iioti)T.3ph 66. It is the duty of the Headman and the residents of any
village-tract to which the tracks of stolen cattle are traced to
take up the track and endeavour to carry it beyond the limits
of their village-tract.
67. When the Township Officer enquires into a case in
Manual, which cattle are tracked to a village-tract the residents will be
given an opportunity of making their defence through the
elders and of showing cause why they should not be fined.
?2ao?J)raSd 68. When a fine has been levied, the residents may get it
2J.VU. back if they succeed in recovering the cattle or in tracing the
Manual. thieVeS.
Village
Manual.


( 13 )
Compensation is ordinarily given to the owner of the stolen
cattle, but generally not more than half the value of the cattle
is paid. This limitation is to make people careful and to
encourage them to try to find their cattle and trace the thieves.
If compensation has once been paid it will in no case be taken
back.
The above rules apply to other kinds of property as well as
cattle.
69. No person may hold a pwe in a village-tract without f^v""^
the permission of the Deputy Commissioner or an officer ^^
appointed for this purpose by the Deputy Commissioner.
Pwte include theatrical or dramatic performances, and cart,
pony, boat and similar races held for public entertainment, and, "J'^1"1
except in certain townships which have been specially notified, °9oc8ernabn"
fayapwds, pongyibyans and circuses. In the Arakan Division, da°e pwes also include wrestling matches (cqiSc^Sy^osii) sthDe-
1909.
CHAPTER VI.
Pub-ljc Nuisances and Sanitation ; Prevention
of Fires ; Slaughter of Cattle.
Duties of the Headman and the Residents of a Village-trac t
m respect of Public Nuisances and Sanitation.
70. No person residing in a village-tract shall a1low any E'p"n!
house or land occupied by him to be kept in a filthy or insani- Notifies,
tary condition or overgrown with weeds or rank vegetation. «l^u'd
thcWh
71. No person residing in a village-tract shall allow any imm "
corpse of a human being, unless embalmed or enclosed in an
airtight coffin, to be kept unburied or uncremated for more
than 48 hours in any house or land occupied by him without
the special sanction in each case of the Deputy Commissioner,
Civil Surgeon, Subdivisional Officer or Township Officer.
Between the first day of November and last day of February
inclusive, corpses may be kept unburied or uncremated for 72
hours.
72. No person residing in a village-tract shall bury a corpse
or cause a corpse to be buried at a depth of less than 5 feet, or
within 30 yards of any well, tank or stream, or of any dwelling-
house. No person residing in a village-tract shall throw a
corpse or cause it to be thrown into a river, creek or water of.
any kind.


( 14 )
73- Except with the permission of the Headman, no person
residing in a village-tract shall burn or bury or deposit the
corpse of a human being in or at any p'ace other than a burial-
ground set apart by the Headman.
74- No person residing in a village-tract shall allow any
latrine or cess-pit on any house, enclosure or land occupied by
him to be kept in a filthy or insanitary condition. Cess-pits
shall be closed periodically.
75- No person residing in a village-tract shall build any new
house in any village within 20 feet of the front or back or 6 feet
of the side of anv existing house.
J o
76. The Headman shall require residents of the village-
tract to carry out the provisions of the preceding rules.
77- The Headman shall set apart one or more places in
each village-tract as burial grounds.
78. The Headman shall cause to be removed immediately
from any canal, tank or other source of water-supply within the
limits of his village-tract the dead body of any animal found
therein, and shall cause the same to be buried.
79- The Headman shall set apart in each village under his
control one or more wells for drinking purposes, and shaH cause
to be constructed round each well a parapet 2 feet high, and
shall njt allow bathing or washing of clothes within 20 yards
of any such well, and shall not allow the ground within 20
yards of such well to be defiled by filth, rubbish or otherwise.
If the water-supply is'from tanks, the Headman shall reserve
ons tank for drinking purposes only, shall keep clean the banks
thereof, and shall not allow bathing, washing of clothes or
watering of cattle therein.
80. The Headman shall cause the villagers to undertake
annually such measures for the maintenance of and the removal
of silt from all drinking-water tanks in his village-tract which
are not the property of private individuals as the Deputy
Commissioner may, on the advice, if necessary, of the Execu-
tive Engineer, direct.
81. In the case of villages which are situated niar the bank
of a river or stream, the water of which is ordinarily used for
* drinking purposes, the Headman shall, as far as possible, keep
the foreshore fre,e from houses up to a distance of 40 feet from
the bank. He shall require all houses hereafter built or
rebuilt to face the bank of the river or stream, and shall not
allow latrines to be erected between the houses and the bank
of the river or stream.
82. The Headman shall see that all latrines in each village
under his control are screened by a sufficient roof and wall


( 15 )
from the view of passers-by or persons residing in the neigh-
bourhood.
83. The Headman shall cause the streets and lanes in each
village under his control to be kept free from weeds, in good
order, and in a sanitary condition.
84. The Headman shall mark out a place near but outside
â– each village under his control, where rubbish maybe deposited,
and shall cause the rubbish to be burnt or worked into the
land at ploughing time.
Duties of the Headman and the Residents of a Village-tract
in respect of the Prevention of Fires.
85. Each house-owner or occupier in a village shall maintain
two hooked bamboos, two fire-beaters, and as many pots filled
with water as there are front posts of his house.
86. The Headman shall see that fires or lights are not
ignited, handled, or used in any village under his control in
such a manner as to be dangerous to life or property. In really
serious cases, or where a fire results from careless action on the
part of any of the villagers, he shall send a report of the matter
to the nearest Magistrate or police-officer.
Duties of the Headman and the Residents of a Village-tract
in respect of the Slaughter of Cattle.
87. The term "cattle" includes sheep, goats and swine, as General
â– well as horned cattle. meni
88. When a slaughter-house has been provided for any """'no.'
village-tract, no person residing in a village-tract shall, within a the oth1 c
radius of five miles from the slaughter-house, without the special i»o".m
sanction of the Deputy Commissioner or Subdivisional Officer,
slaughter cactle or cause cattle to be slaughtered or expose the
carcases of cattle for sale otherwise than in accordance with a
license granted by the Deputy Commissioner.
89. When a slaughter-house has been provided for any
•town as defined in the Burma Towns Act, 1907, no person
residing in a village-tract shall within a radius of five miles from
the slaughter-house, without the special sanction of the Deputy
Commissioner or Subdivisional Officer, slaughter cattle or cause
cattle to be slaughtered or expose the carcases of cattle for
sale otherwise than in accordance with a license granted by the
Deputy Commissioner. This rule does not apply in the
Arakan Division.


( 16 )
CHAPTER VII.
Registration of Vital Statistics.
Duties of the Headman and the Residents of a Village-tracl
in respect of the Registration of Births a?id Deaths
of Human Beings.
Depart- 9°- Every birth and death occurring in the village-tract
Notifica- shall be reported to the Headman by the owner of the house
in which it occurs, or if the owner is absent or unable to report,
then by the eldest adult male living in the house, or if such
eldest male is unable to report, then by the eldest adult female
living in the house.
91. The Headman shall make it generally known that any
person being bound to report a birth or death and neglecting
to do so is liable to punishment under section 12 of the Act.
92. On the occurrence of a birth within his village-tract
the Headman shall record it, or cause it to be recorded, in a
counterfoil register to be maintained by him in the form supplied
by the Deputy Commissioner.
93. On the occurrence of a death within his village-tract
the Headman shall record it, or cause it to be recorded, in a
counterfoil register to be maintained by him in the form
supplied by the Deputy Commissioner.
tion No.
467, dated
the 9th
December
lOOi.
Duties of the Headman and the Residents of a Village-tract
in respect of the Registration of the Deaths of Cattle.
ulpa"t-e 94- The term " cattle" in these rules includes cows, bulls,
Nationbullocks, calves, buffaloes, horses and ponies.
No. 91,
dated the
Btli
December
1908
95. Every death of cattle occurring in tfce village-tract
shall be reported to the Headman by the owner or keeper of
the animal, or, if the owner or keeper is absent or unable to
report, then by the eldest adult male living in his house, or if
such eldest male is unable to report, then by the eldest adult
female living in the house.


( 17 )
g6. The Headman shall make it generally known that any
person being bound to report a death and neglecting to do so is
liable to punishment under section 12 of the Act.
97. On the occurrence of a death of cattle within his
village-tract the Headman shall record it, or cause it to be
recorded, in a counterfoil register to be maintained by him in
the form supplied by the Deputy Commissioner.
Disposal oj Registration Records.
98. The Headman shall keep the foils on which entries
have been made till they are collected by the officer appointed
for this purpose, unless by general or special order of the
Deputy Commissioner he is directed to send the foils to an
officer appointed by the Deputy Commissioner, in which case
he shall obey such order ; the He'idman shall retain the books
containing the counterfoils as part of the village records.
99. When, for any reason, the Headman is obliged to
leave his village for some time, he shall deposit the foils already
collected with a village elder or some other responsible person,
and shall make the necessary arrangements to ensure the foils
being safely delivered to the police if they should call during
his absence.
100. Each counterfoil register issued for the Headman's Para-
use will bear a serial number given in the Township Office. The Smfsl,
Headman will enter this number on the face of each foil filled Ma'S.
in by him.
101. Every village is visited at least once a month by a â„¢ph",63>
police-officer, who receives and takes away all foils on which vfnag«
births and deaths of human beings and deaths of cattle have Mam,al-
been recorded since his last visit. The police-officer enters
the date of his visit and the numbers of the birth and death
foils taken away in a book kept for the purpose, together with
his name and rank.
102. The counterfoil registers of births and deaths shall ^vftJijjji
be kept by Headmen for one year after the date of the entry Manual<
on the last page and may then be destroyed.
103. The Headman must produce his registers for inspec- graâ„¢j;s 71f
tion when required to do so by any Government officer. But J®1 village
he will not be required to produce his registers elsewhere than Mam,al-
in his village-tract.


( 18 )
CHAPTER VIII.
Contagious or Infectious Diseases.
Contagious or Infectious Disease among Human Beings.
Rule 17 in 104. No person residing in a village-tract shall keep the
Depart corpse of a human being who has died of cholera, small-pox,
tTncati^S" unusual fever accompanied by glandular swellings, or other
!i!.,°tc December unburied or uncremated in any house or land occupied by him.
3903.
Tnd°ilBSA The Headman shall at once send a report to the
««J." ' Township Officer or to the Subdivisional Officer orto the Deputy
Commissioner, if either of the two latter officers is nearer
than the Township Officer, of the occurrence of cholera,
small-pox or any case of unusual fever accompanied by glandular
swellings within his viPage-tract. Headmen in the Tenas-
serim Division may send the report to the officer,in charge of
the police-station or outpost if he is nearer than the Township
Officer, Subdivisional Officer, or the Deputy Commissioner.
Depart' ^he Headman of a village-tract which is not infected
with cholera, small-pox or plague may forbid and take all
reasonable means to prevent the entrance into his village-tract
of any person (other than a Government Officer on duty) who
comes from an area infected with cholera, small-pox or plague
ciatai ihe for a period of ten days from the date on which he left the
3rd May . . r. J
i,JC9- infected area.
107. Headmen of village-tracts infected with plague have
special duties imposed on them by the plague rules, and should
not fail to obtain copies of those rules from the Township
Officer.
Contagious or Infectious Disease among Cattle.
108. In these rules—
(1) "Cattle" and "animal " mean kine, buffaloes
mcnt
Notifica-
tion No.
26, dated
he 7th
January
ti fication
no. 90,
dated the
8th Dece
sheep and goats, and such other beasts as the Com-
ber T903." missioner may from time to time declare to be
cattle or animals for the purposes of these rules.
(2) " Contagious or infectious disease ° means rinder-
pest, anthrax, foot-and-mouth disease, contagious
pleuro-pneumonia, tuberculosis, glanders, and any
other disease which the Commissioner may from


( 19 )
time to time declare to be contagious or infectious
for the purposes of these rules.
(3) " Diseased" means suffering from contagious or
infectious disease.
(4) " Cattle-owner " includes any person who has cattle
in his possession or under his charge.
109. All persons resident in a village-tract shall report to
the Headman the outhreak of any contagious or infectious
disease among cattle in the village-tract or in any neighbouring
village-tract which may come to their knowledge.
110. Every cattle-owner, on the appearance of any conta-
gious or infectious disease among his cattle, shall (a) keep the
diseased cattle in a place apart from all other cattle and dis-
tant from the places whither the other cattle usually resort
if the disease be rinderpest, keep all other cattle which have
been in the same herd with the diseased animal in a place such
as aforesaid ; and (c) report the appearance of the disease
immediately to the Headman.
111. Every cattle-owner in the village-tract in which con-
tagious or infectious disease has broken out shall (a) keep his
diseased cattle, and, if the disease be rinderpest, his other cattle
which have been in the same herd with diseased cattle, in the
places set apart for the same by the Headman under Rule
11 2 unless and until other places are set apart for the purpose
by the Deputy Commissioner or other officer appointed by
him ; and (b) give the Headman such assistance as he may
require in enclosing the place or places set apart for diseased
cattle.
112. A Headman, on learning from the report of a cattle-
owner or otherwise of the breaking out of contagious or infec-
tious disease in the village-tract under his charge shall (1)
within 24 hours send a written report of the fact to the Town-
ship Officer, or to the Subdivisional Officer or Deputy Com-
missioner if either of these officers is nearer than the Township
Officer ; (2) if there is any waste land or grazing-ground in the
village-tract, at once set apart therein places for diseased cattle,
and, if the disease be rinderpest, places for cattle which have
been in the same herd with diseased cattle ; (3) cause the
place or places so set apart to be enclosed; or (4) if no waste
land or grazing-ground is available for an enclosure, state th
fact in his report.
113. The Headman, after making the report prescribed in
Rule 112, and after receiving an order directing an examina-
tion of the village cattle, shall cause all cattle-owners in the
village-tract to bring their cattle for the inspection of the officer


( 20 )
appointed by the Deputy Commissioner, Township Officer or
Subdivisional Officer to examine them, to such place as the
examining officer may direct. He shall give such officer all
reasonable assistance in the inspection. He shall be careful
that the deceased cattle are not herded together with the rest of
the cattle at the inspection.
114. The Headman of any village-tract in which contagious
or infectious disease has broken out shall, on receiving orders
from the Deputy Commissioner or Subdivisional Officer or
Township Officer, set apart for diseased cattle, or, if the
disease be rinderpest, for cattle which have been in the same
herd with diseased cattle, such places as may be ordered, and
shall require every cattle-owner in the village-tract to keep his
diseased cattle, and, if the disease be rinderpest, his cattle which
have been in the same herd with diseased cattle, in places so
set apart, and not to remove the cattle from these places with-
out his permission, which permission he shall not grant without
the written order of the Deputy Commissioner or an officer
authorized by the Deputy Commissioner.
115. The Headman of any village-tract in which conta-
gious or infectious disease has broken out shall, on receiving
orders from the Deputy Commissioner, Subdivisional Officer
or Township Officer, require the cattle-owners in the village-
tract to make at their own expense such sheds, enclosures, or
other structures as are ordered for the proper isolation of
diseased cattle.
116. In any village-tract in which contagious or infectious
disease has broken out, the Headman shall cause all dung, hay,
straw, litter, refuse, or other thing which has been, or which
may have been, in contact with a diseased animal, to be burnt
by the cattle-owner.
117. If a diseased animal dies in any village-tract in which
contagious or infectious disease has broken out, the Headman
shall order the owner of the dead animal to bury the carcase
within 12 hours after death at, or as near as possible to, the
spot where the animal died, but at a distance of not less than
300 yards from any houses, cattle-pens, and customary water-
ing places and at a depth below the surface of not less than 6
feet. The carcase shall be buried with the hide and horns, and
after the carcase has been put into the ground the hide shall
be slashed so as to render it unfit for tanning or any other use.
But if by reason of flood or for any other cause it is not possible
to bury the carcase, it shall be burnt.
118. The Headman shall from time to time proclaim in the
village-tract that any cattle-owner or other person being bound


( 21 )
to report the outbreak of contagious or infectious disease or
death of cattle who neglects to do so or who disobeys the
order of the Headman under any of the foregoing rules is liable
to punishment under section 12 of the Village Act.
119. As soon as the existence of contagious cattle-disease is
reported or suspected, either in his village-tract, in neigh-
bouring village-tracts or grazing-grounds or amongst strange
cattle passing through or near his charge, the Headman shall
cause notices proclaiming the fact to be affixed to trees on the
roa*ls or grazing-grounds, zayats, etc.. or such other public
places as he thinks fit.
CHAPTER IX.
Residence in Village-tracts ; Erection of
Houses ; Dwelling Sites.
Residence in Village-tracts.
120. If a stranger comes to a village-tract, either he himself
â– or the person in whose house he stays must report his name,
occupation, and the place whence he comes, to the Headman
within twelve hours of his arrival. The person in whose house
the stranger stays must report his departure to the Headman.
If the Deputy Commissioner orders him to do so, the Head-
man must keep in a book, which will be supplied to him, a list
â– of all strangers arriving at and leaving his village-tract.
121. Any person who disobeys the rules in paragraph 120
is punishable by a Magistrate.
If no prosecution is instituted before a Magistrate, the
Headman may, within eight days from the commission of the
offence, take cognizance of it whether upon receipt of informa-
tion that it has been committed or upon his own knowledge or
suspicion. The procedure will be the same as that laid down
in paragraph 28 except that there will be no fee. The punish-
ment the Headman may inflict is the same as that prescribed in
paragraph 28.
Erection of Houses.
122. A person who is not a resident of a village-tract may
not build any house, hut or enclosure, or take up his residence
in the village-tract without the Headman's permission. If he
does so, he is punishable by a Magistrate but not by the Head-
man.
Section
IS, Village
Act.
Section
19, Village
Act.
Section«
17 and 19.
Village
Act.


(22)
123- No person may, without the permission of the Deputy-
Commissioner, establish a new village or group of houses, and
no person may ordinarily build or occupy a house on land which
is not within a village until it has been appropriated to dwelling
places with the permission of the Deputy Commissioner.
Dwelling Sites.
ofhaRui« 124. Any person desiring to occupy any land in a village
"wer as a s'te for the erection of a dwelling-house or paddy
rowTand godown, or for any other purpose approved by the Deputy
Landg6 Commissioner by general or special order, may apply either
Act- verbally or in writing to the Headman of the village-tract, who
shall thereupon personally satisfy himself that the land applied
for is at the disposal of Government, that it is suitable for the
purpose applied for, and that there is no objection on public
grounds to the use of the land* for that purpose or for any
purpose.
125- In the case of an application for a site for a dwelling-
house, if the applicant is already in occupation of a sufficient
site for his own dwelling-house, or if he is not a resident of the
village-tract and the Headman sees fit to refuse permission»
under paragraph 122, the Headman shall decline to take any
action on the application.
126. If a Headman decides to take action on an application^
he shall require the applicant to demarcate the site, and shall,
when this has been done, issue notice in such form as may be
prescribed for the purpose, informing all whom it may concern
that he will receive objections to the application on or before
a date fixed in the notice, which shall not be less than 15 days
after the date of its publication.
Such notice shall be affixed at the land and on the house
of the Headman.
127- If no objection is received on or before the date fixed
therefor in the public notice (which shall fce not less than
fifteen days after the date of publication), the Headman shall
issue to the applicant a license in such form as may be
prescribed for the purpose. Where the land applied for is
land acquired by Government for the extension of an old or
the provision of a new village-site, a grant in such form as
may be prescribed for the purpose should be issued.
128. For each grant issued under paragraph 127 in respect
of land acquired for village-sites, such fee or premium may be.
charged as the Deputy Commissioner may fix.


( 23 )
129- No lot granted under paragraph 128 shall be trans-
ferred within five years from the date of the grant without the
sanction of the Township Officer or Subdivisional Officer
endorsed on the instrument of grant.
130. In areas specially notified by the Local Government
in this behalf the license shall be so expressed as to expire on
a certain date not more than three years from the date of
issue.
131. The boundaries of the land shall always be clearly
given in the license, and, where possible, a plan of the land
should be drawn on it.
132. If objections are received, the Headman shall refer
the parties to the Township Officer with a report of the
circumstances.
133. The counterfoils of all licenses issued by the Head-
man shall be preserved by him.
CHAPTER X.
Duties of Headmen concerning Land within the
Village-tract.
Supervision of Public Lands.
134. The Headman shall examine all the boundary marks of grazing-gr'ounds in his village-tract once a year after the monsoon, and report their condition to the Township Officer at
the same time as he submits his report regarding permanent
survey marks under paragraph 144. When a grazing-ground
is situated in several village-tracts, a section of the boundary
line will be allotted to each Headman by the Deputy Commis-
sioner.
135. The Headman shall periodically inspect the lines of
public roads and embankments in his village-tract in order to
see that no encroachments are made on them by cultivators or
others. If the Headman finds that any one has encroached and
will not give up the land when called upon to do so, he should
at once report the case to the Township Officer.
Disposal of Land.
136. The Headman shall, when required, affix to his house,
or to the notice-board of the village-tract where there is one.


( 24 )
such notices as the Deputy Commissioner may issue with respect
to proposed grazing-grounds in his tract.
137. The Headman shall, when required, affix to his house,
or to the notice-board in the village-tract where there is one,
notices regarding land relinquished in his village-tract.
138. The Headman is required to sign the report of the
Revenue Surveyor on the condition of the land for which a
grant is required, and should add any remarks he wishes to
make.
139. The Headman shall, when ordered by the Township
Officer, affix notices calling for objections to a grant of land on
the land itself and on his own house, and in case there are any
detached villages or hamlets under his charge, on the houses of
ten-house gaungs in such villages or hamlets. He shall return
to the Township Officer one copy of any such notice with an
endorsement showing how and when it was affixed.
Survey and Land Records.
'140. Headmen are neither required nor permitted to survey
the lands in their village-tracts.
141. The Headman is in no way subordinate to the R evenue
Surveyor, but he is bound to assist the Revenue Surveyor
by causing the residents of his village-tract to attend upon the
surveyor during the time the latter is preparing the annual map
and revenue-roll of his village-tract.
142. The Headman shall cause the residents of his village-
tract to attend when Revenue Officers come round to check
survey work.
143. When survey or boundary marks have been laid down
in a village-tract the Headman will receive from the Boundary
Officer a duplicate statement specifying—
(a) the kind of permanent boundary marks or survey-
marks fixed ;
(b) the number of such marks ;
(c) the places where they are fixed:
and requiring him to protect such marks and to report at once
any damage or injury to them.
After he has satisfied himself by personal inspection that
the marks specified in the statement have actually been laid
â– down, he shall sign and return one copy of the statement.


( 25 )
144- The Headman shall inspect all permanent survey
marks on the boundaries of or within his village-tract once a
year after the monsoon, and report their condition to the Circle
Thugyi if there is one, or, if not, to the Township Officer before
the end of November, unless he gets the special permission of
the Deputy Commissioner to submit the report later.
The report shall be in the following forln :—
Headman's Report on Permanent Survey-marks .in his charge.
f
November
December
Township ...............................................
Village-tract.,..«/...... .............................
Name of Headman..................................
Residence............................,. ...............
Number of permanent survey-marks in Headman's charge (a)
Number of such marks visited as required by rule
Number found correct, in good order, and properly protected
Particulars regarding each mark lost, found broken, or not protected (b)
The Headman will be supplied annually with two copies of
the form with the number in (a) filled in.
The entries in (b) should be similar to the following : —
" Mark in Nga Ni's paddy land not found. Mark west of Nga Pyu's garden
broken. Mark in jungle south of village not protected."
145. The Headman shall, so far as he lawfully can, prevent
the destruction of any boundary or survey-mark in his village-
tract., and whenever he becomes aware that any such boundary
or survey-mark has been destroyed, injured, or altered, shall
report the injury or alteration immediately to the officer
in charge of the nearest police-station or to the nearest
Magistrate.
146. The Headman shall cause all permanent survey-marks
in his village-tract to be protected by having mounds of earth
built over them. The mounds of earth should be 3 or 4 feet
high and have a wooden stake, 4 or 5 feet in length, passing


( 26 )
through the centre of the mound. A trench should be dug
round the bottom of the mound, thus—
The Headman shall cause these mounds to be built by the
residents of the village-tract who cultivate the fields in the
vicinity of the mark thereby protected, or, in the case of marks
situated away from cultivation, by such of the residents as he
may choose.
CHAPTER XI.
Collection of Revenue.
147. Every Headman is bound to collect or aid in collecting
revenue and other money due to Government from residents of
the village-tract and persons holding land therein ; but the
retraining paragraphs of this Chapter are concerned only with
Headmen who, not being under any Circle Thugyi, are directly
concerned in the collection of revenue.
148. Such Headmen collect the land revenue and the
capitation-tax and salt - license fees, and, if the Deputy
Commissioner so directs, fishery - revenue, fees for mineral
licenses, and income-tax. Headmen receive commission on
such collections at rates fixed by the Local Government.
149. Every revenue-collecting Headman shall give such
security for the honest discharge of his duties as the Deputy
Commissioner may require. The security given by Headmen
shall ordinarily be that of the residents of their respective
village-tracts or the mutual guarantee of other revenue-collect-
ing Headmen (not being less than five), unless the Financial
Commissioner permits other security to be given.


( 27 )
150. The Headman will be supplied by the Township
Officer with a list (Form No. XVII) of the lands assessed to
revenue in his village-tract and with a tax-ticket (revenue
receipt) for each cultivator from whom he is to collect land
'revenue. In this tax-ticket the total amount to be collected
is shown clearly'in words and figures, and the Headman shall
not collect more than this amount, nor shall he alter the tax-
ticket in any way.
151- Each tax-ticket is in two parts. The end foil is the
-receipt signed by the Deputy Commissioner, and the inner foil
is the memorandum to be kept by the Headman.
152. The Headman, as soon as he has received the revenue
receipts from the Township Officer, shall proceed to collect
â– the revenue, tendering the receipt to the person from whom
revenue is demanded and calling upon him to pay the amount
mentioned in the receipt. Land revenue may be demanded from
any person who has been in possession of the land at any time
during the year from ist July to 30th June, or from any tenant
or mortgagee who has been in occupation under him.
153. When the revenue is not paid on the first demand, the
Headman shall prepare the notice of demand. The Headman
must s'ign all such notices and serve them in person, or by
such other person as he may employ, cn the person named
therein. If such person cannot be found in the village-tract
the Headman must serve the notice on the person (if any) in
occupation of the land, and shall also publish it for ten days by
fixing copies upon the wall or door of the Headman's house or
other conspicuous building in the village where the person
resides, and upon the wall or door of the house in which the
person liable last resided, or upon the land assessed, in case
such person does not live in the village-tract.
154. When the Headman has received payment of the sum
â– due, he shall countersign and date the receipt issued by the
Deputy Commissioner and deliver it to the person paying the
-amount. He must also enter the date of payment in the memo-
randum and in the last column of the list (Form No. XVII).
155 When a Headman issues notices of demand, he shall
•enter in the memorandum the amount due from each person,
the date on which he served or published the notice of demand,
and the amount paid and date of payment. If afterwards
the Headman finds it necessary to institute proceedings for the
recovery of arrears of revenue, he shall produce this memo-
randum before the Township Officer.
156. When a Headman is unable to realize the amount
of revenue due from a defaulter within ten days of the date on


( 28 )
which the notice of demand was served or was published
in the village-tract, he will apply to the Township Officer for
execution for the recovery of the amount of arrears, and in his
application shall give the following particulars, which are
indicated on a printed form of which copies will be supplied to
him:—
(a) his own name and that of the defaulter ;
(b) the date of expiry of the notice issued ;
(c) the amount of revenue due ;
(d) the name of the person against whom execution is
sought;
(e) the mode in which the assistance of the Township
Officer to whom he is applying is required, i.e.,
whether he wishes the person named in (d) to be
arrested and imprisoned, or his property other than
land to be attached, or both, or his holding to be
attached and sold ;
(/) whether the defaulter has the status of a landholder,
or is a grantee, or is merely in possession of Govern-
ment land. (This information he should obtain from
tjie Revenue Surveyor.)
157- When the land of a defaulter is being sold by auction
the Headman shall attend at the auction, and may buy in the
land on behalf of Government if the highest bid falls short of
the amount of arrear and costs.
158. When a defaulter has no right of transfer in his land,
the Headman shall, when required to do so by the Township
Officer or Subdivisional Officer, read a proclamation on the
land to the effect that the land has been taken possession of by
Government.
159. The Headman shall prepare, or cause to be prepared,
the capitation-tax assessment-roll, but whether he prepares
the roll himself or gets some one else to' prepare it, he is
responsible for its accuracy. He must not apply for aid to the
Revenue Surveyor, who is forbidden to assist him. The roll
must be prepared in Form No. X, which will be supplied to
the Headman and must be in duplicate. The name of every
man above 18 years of age. who is living in or visiting the
village-tract at e time must be entered in the roll.
160. The following classes of persons are exempted from
payment of capitation-tax, whether they have exemption tickets
or got:—
" (a) Government servants and Government pensioners.
(b) Honorary Magistrates.


( 29 )
(f) Headmen.
(d) Ministers, priests, and teachers of religion.
(e) Persons who are assessed to income-tax.
(/) Persons who are 60 years of age and over.
161. The following classes of persons are exempted only
if they have obtained exemption tickets. If they have not
exemption tickets they must be assessed:—
(a) Schoolmasters exempted by the Deputy Commis-
sioner.
(b) Persons who have no property or means of paying
the tax and who are unable to work.
(c) Travellers from beyond Lower Burma.
(d) Persons specially exempted by the Deputy Commis-
sioner for good service.
(e) Immigrants who have not been more than two years
in Burma.
(/) Persons who are in prison when the rolls are
prepared and who have no property or means of
paying the tax.
162. The Headman shall submit the capitation-tax assess-
ment-roll to the Township Officer not later than the ist
August in each year. When the rolls have been signed by the
Deputy Commissioner, one copy with the tax-tickets will be
returned by the Township Officer to the Headman, and this
copy will be kept by the Headman for use when preparing the
roll of the following year.
163. When the Headman has received the tax-tickets from
the Township Officer, he shall proceed to collect the revenue
in the same way as laid down for the collection of land revenue.
The Headman has the same powers for the recovery of an
arrear of capitation-tax as for the recovery of an arrear of land
revenue, except that proceedings cannot be taken against the
land of the defaulter.
104. Headmen will be supplied with tax-tickets in which
Ho names are entered for the collection of capitation-tax from
persons who come to the village-tract after the roll has been
sent in and who have not paid the tax. When such a person
arrives, the Headman will enter his name in a supplementary
assessment-roll prepared in the same way as the first roll.
He will then enter the name in the receipt and at once proceed
to collect the tax. The Headman shall without delay submit
the supplementary roll with the amount collected to the Town-
ship Officer and shall, on a date fixed by the Deputy Commis-
sioner, return to the Township Officer all the blank tickets
still in his possession.
3


( 30 )
165. Fishery lessees are ordinarily required to pay their
fishery instalments into the Treasury or Treasure-chest as
the amounts fall due, but if the Headman is required to
collect the rents of leased fisheries he will be informed by
the Township Officer of the amount due from each lessee
and the date on which it falls due, and must demand the
amount from the lessee on that date. If the lessee pays
the sum due, the Headman will at once pay^in the amount to
the Township Officer and will give to the lessee the receipt
granted by the Treasury. If the lessee refuses to pay, the
Headman shall at once inform the Township Officer.
166. The Headman must submit to the Township Officer
before the ist July in each year a list of the persons who have
applied to him for licenses for fishing implements, and will
enter in the list the kind of implement each person requires
and the amount received by the Headman from the applicant.
The Township Officer will give the licenses to the Headman,
who will give them to the applicants, and if any person has
paid more than is due for a license the Headman must repay
the amount paid in excess. If any persons apply for licenses
after ist July, the Headman may require them to apply direct
to the Township Officer.
IÖ7- When the Headman is required to collect fees for
licenses to work minerals, he will be informed by the Township
Officer of the amounts due and the persons from whom the
fees are to be collected. On receipt of the fees, the Headman
must enter the amount received and date of payment on the
back of the license form, and must pay in the amount collected
to the Township Officer.
168. Salt-boilers ordinarily pay their revenue dues direct
to the Township Officer, but in village-tracts in which the
manufacture of salt is permitted the Headman will be supplied
by the Township Officer with a list of the persons to whom
licenses have been granted and the amount to be collected
from each person. The Headman, when receiving the
instalment due, will enter on the back of the license form the
amount paid and date of payment with his signature.
The Headman must at once report to the Township
Officer every case in which he finds a person manufacturing
salt without a license or in which he finds that a licensee is
using larger pots or cauldrons or a greater number of them
than the license permits.
169. Headmen must give such assistance as the Collector
may require in the preparation of Income-tax assessment rolls


( 31 )
in village-tracts in which the tax is assessed. When the rolls
have been prepared, the Headman will be supplied with tax-
receipts for the collection of tax.
CHAPTER XII.
Excise and Opium.
170. All Headmen are Excise Officers. Those whose
remuneration is not less than Rs. 120 a year exercise enlarged
powers. Each Headman should have an appointment order
as Excise Officer, showing whether he exercises these enlarged
powers or not. The duties of Headmen under the Excise and
Opium Acts are described below.
171. Headmen are empowered to enter and inspect at any
' time, by day or by "night, the shop or premises in which any
manufacturer or vendor licensed under the Excise Act carries
on the manufacture or the sale of country spirits or the sale
of country fermented liquor,
172. Headmen may stop and detain any person carrying
any spirit manufactured at an unlicensed distillery ; or any
spirit or fermented liquor removed from any licensed distillery
without payment of duty ; or any spirit or fermented liquor
manufactured at any place beyond the limits of British India
on which duty has not been paid; or any country spirits in
excess of one reputed quart bottle; or any country fermented
liquor or tari in excess of four reputed quart bottles, unless
such person produces a pass signed by the Collector,
Subdivisional Officer, or Township Officer; or any opium or
morphia in excess of the weight allowed by law ;* or any opium
or morphia which the person possessing it has bought from
any person other than a licensed vendor; or any cocaine which
the person possessing it has not bought under a medical
prescription from a licensed vendor ; or any ganja or other
intoxicating drug,f and may seize such smuggled spirit,
liquor, tari, opium, or drug, together with any vessels, packages,
or covering in which it is contained, and any animals, and
conveyances used in carrying it, and may arrest the persons in
whose possession such spirit, liquor, tari, opium or drug is
found; and may also arrest any other persons in the company
of the person in whose possession illicit opium is found.
* See paragraph 179.
t Yeast (selon) used in making seinyi or rice-beer is not an intoxicating drug.


( 32 )
173- If any Headman has reason to believe from personal
knowledge or from information given by any person, and taken
down in writing, that opium is manufactured, or that illicit
opium is kept or concealed in any building, vessel, or enclosed
place, he may, without a warrant, between sunrise and sunset,
enter into any such building, vessel, or place, and may, in case
of resistance, break open any door and remove any obstacle to
such entry and seize any such opium and all materials used in
the manufacture thereof, and any other thing which he has
reason to believe to be liable to confiscation under any law in
force relating to opium, and detain and search, and, if he thinks
proper, arrest any person whom he has reason to believe to be
guilty of any offence relating to such opium.
174. * Searches for unlawfully manufactured or concealed
spirituous and fermented liquors and intoxicating drugs f liable
to confiscation under the Excise Act may, in like manner, be
made by any Headman whose annual remuneration is not less
than Rs. 120 upon information given by any person and taken
down in writing that spirit or fermented liquor is unlawfully
manufactured or concealed in any house, vessel, or enclosed
place, and the Headman may arrest the occupant or other
persons concerned in the manufacture or keeping or concealing
such spirit or fermented liquor, and may seize and carry away
such spirit, liquor, or other article liable to confiscation under
the Excise Act. All searches under this rule must be made
in the presence of an officer of police in receipt of a monthly
salary of at least Rs. 10.
175. Before making any search for illicit opium, the Head-
man shall call on two or more respectable inhabitants of the
locality in which the place to be searched is situate to attend and
witness the search. The search shall be made in their pre-
sence, and a list of all things seized in the course of such search,
and of the places in which they were respectively found, shall
be prepared by the Headman and signed by such witnesses ;
but no person witnessing a search under this rule shall be
required to attend the Court as a witness of the search unless
specially summoned by the Court.
The occupant of the place searched, or some person on
his behalf, shall be permitted to attend during the search, and
a copy of the list prepared under this rule, signed by the said
witness, shall be delivered to such occupant or person at his
request.
* This paragraph does not apply to Headmen who, though invested with
powers under sections 35 and 36 of the Excise Act, have an annual remuneration
of less than Rs. 120.
t Yeast (selon) used in making seinyl or rice-beer is not an intoxicating drug.


( 33 )
176. All Police and Revenue Officers are required to aid
Headmen in the due execution of their duties under the Excise
and Opium Acts upon request made by Headmen.
177. Whenever a Headman arrests any person, or seizes
any article liable to confiscation, or enters any place for the
purpose of searching for such article, he shall (within 48 hours
in opium cases or 24 hours in liquor cases) make a full report
of all the particulars of such arrest, seizure or search to the
Township Officer. In opium cases the Headman shall forward
every person arrested and everything seized without delay to the
officer in charge of the nearest police-station. In liquor cases
the Headman shall forward every person arrested and every-
thing seized without delay to the Township Officer, or shall take
them to the officer in charge of the nearest police-station and
request him to forward them to the Township Officer.
178. When any Burman whose name is oh the register of
opium consumers dies, the Headman must report the death to
the Township Officer.
179. The rule about possession of opium and morphia is
as follows:—
Any person may possess, if bought fröm ä doctor, and if
intended for medicine only, not more than 5 seers of poppy-
heads, 3 tolas of opium, 5 grains avoirdupois of morphia, or 6
tolas of a medical preparation of opium other than morphia.
Any non-Burrfian or registered Burmah may possess for his
own consumption 3 tolas of opium which he has bought from
the Licensed retail vendor at the shop shown on his consumer's
ticket. When two or more consumers are assembled for the
purpose of smoking opium, the aggregate quantity of opium
possessed by all the members of the party shall not exceed
5 tolas.
A holder of a pass for transport or import may possess up
to the quantity of opium shown in the pass.
A traveller of distinction from the Shan States or Karenni
or a country outside of India may possess Shan or foreign but
not Government opium for the personal use of himself and his
attendants and not for sale or barter in any quantity not
exceeding 5 tolas for each person according to the order of
the Deputy Commissioner.
A holder of a special license granted by the Deputy Com-
missioner may possess up to the quantity of opium shown in
the special license.
Pharmacists, doctors, and tattobers have special privileges.
They are required to have licenses in which their privileges
are specified.


( 34 )
CHAPTER XIII.
Famine and Scarcity.
180. The following are the rules about the duties of Head-
men in times of scarcity and famine.
181. On the occurrence of any serious failure of crops or
of food-supply in any village-tract, the Headman shall make an
immediate report to the Township Officer. This report should
specially notice the general condition of the people and the
existence of any abnormal distress or mortality.
182. When a District or part of a District has been declared
to be affected by scarcity, and orders to take action under the
Famine Code have been issued, Headmen, as a rule, will be
appointed " local officers" of the village-tracts (hereinafter
called " local area") under their charge, and will receive
printed appointment orders.
183. The duties of a Headman appointed " local officer "
are as follows
(a) to prepare a correct register of persons residing in
the local area who, from their circumstances, are
likely to require gratuitous relief, and to submit
this register to the Township Officer or other
Circle Inspector appointed by the Deputy Com-
missioner ;
(b) to prepare and submit through the Circle Inspector
weekly a list of the number of persons by sex and
age who have died during the week within the local
area, and to state in each case whether death has
resulted from ordinary natural causes or directly
or indirectly from want or poverty of food;
(c) to distribute personally within the local area in his
charge gratuitous relief under the orders and control
of the Circle Inspector ;
(d) to give sufficient food and shelter to all starving
wanderers who come within the local area under
his charge, and to send them to the nearest relief
work when they or any of them are fit to be moved ;
(e) to report to the Circle Inspector the name of every
person whose name has been entered in the register
prepared under (a), and who from any cause has
become disentitled to receive gratuitous relief.
184. When a Headman is not himself appointed a "local
officer," he shall assist the person so appointed for the local


( 35 )
area in which his village-tract is situated in all the matters
dealt with in (0) to (e) above.
CHAPTER XIV.
Books, etc., to be kept by Headmen.
185. The Headman must keep the following books and
documents, which will be supplied to him by the Deputy Com-
missioner :—
(1) Appointment Order as Headman;
(2) Appointment Order as Excise Officer.
(3) The Lower Burma Headman's Manual.
(4) Summary of the Stamp Law.
(5) Villagers' Memorandum of Forest Law.
(6) Register of Cases.
(7) Books of Receipts for stores supplied to officers on
tour.
(8) Register of Births.
(9) Register of Deaths.
(10) Register of Deaths of Cattle.
(11) Register of Police Officers' Visits.
(12) Rules for resisting attack on villages, if prescribed.
(13) Register of Strangers' Visits, if prescribed.
(14) File of Deputy Commissioner's Orders.
Besides the above, Headmen who collect revenue must
keep the following :—
(15) Revenue Form No. X.
(16) Revenue Form No. XVI.
(17) Revenue Form No. XIX.
Besides the books and documents numbered 1 to 14,
Headmen who are empowered to try civil suits must keep the
following register:—
(18) Account of Fees in Civil Suits.
186. A Headman is also required to keep in his custody a paragraph
duplicate of the Vaccinator's Register. The Headman is ugeMaöu.
responsible for the safe custody of the register, and will produce
it when asked for by the vaccinator or inspecting officer visiting
his village-tract, but will not be required to perform any duties
in connection with the register and is not allowed to make any
entries in it.
Deputy Commissioners may supply, free of charge, copies
of the Lower Burma Land and Revenue Manual to the better
educated revenue-collecting Headmen who wish for copies.
Printed by order of the Government of Burma.
B, C, P. 0,—No. 388, C, Secy., 9 (»;, 0.1J911—£00—H, R, M.


Full Text

PAGE 1

LOWER THE BURMA HEADMAN'S MANUAL FOURTH EDITION RANGOON ,C,PFICf. OF THE SUPERINTEI\DENT, GOVERNMENT PRINTING, BURMA 1910

PAGE 2

LlST OF AGENTS FOR THB SALE OP GOVERNMENT PUBLICATIONS. IN INDIA: fHACltBR, SPINK &: Co., Calcutta. W, NEWMAN & Co., Calcutta. THACKER & Co., Bombay. HIGGINBOTHAM & Co., Madras. PROPRIETOR, HANTHAWADDY PRESS, Rangoon. SUPERINT';i;NDENT, AMERICAN BAPTIST MISSION PRESS, Rangoon. IN ENGLAND: E. A. ARNOLD, 4I and 43, Maddox Street, Bond Street, W. London. HENRY S. KING & Co., 65, Cornhill, E.C., London. CoNSTABLE & Co., ro, Orange Street, Leicester Square, W. C. KE GAN PAUL, TRENCH, TRiiBNER & Co., 43, Gerrard Street, Soho, London, w:. BERNARD QUARITCH, II, Grafton Street, New Bond Street, W, P. S. KING & So:-, 2 & 4, Great Smith Street, Westminster, London, W. S •. GRINDLAY & Co., 54, Parliament Street, S. W. T. FISHER U NWIN, i, Adelphi Terrace, London, W. C, B. H. BLACKWELL, 50 & 51, Broad Street, Oxford. DEIGHTON BELL & Co., Cambridge. W. THACKER & Co., 2, Creed Lane, London, E. C. Luz,i.c & Co., 46, Great Russell Street, London, W. C. ON THE CONTINENT: R. FRIEDLANDER & SoHN, u, Carlstrasse, Berlin, Germany, OTTO HARRASSOWITZ, Leipzig, Germany, KARL vV. HIERSEMANN, Leipzig, Germany. ERNEST LEROUX, 28, Rue Bonaparte, Paris, France, l\-lARTINUS N1JHOFF, The H:igue, Holland. RuDou HAUFT, 1, Dorrientrasse, Leipzig, Germany,

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TABLE OF CONTENTS. • J'AGE CHAPTER 1.-Appointment and privileges of Headmen 1 Ca1PTER Il.-"Jeneral daties and liabilities of Headmen 2 CHHTER 111.-Criminal anj Civil powers of Headmen 5 CHAPTER IV.-Rural Policemen 9 CHAPTER V.-~ieneral dutie, and liabilities of the re,idents of 11 a village-tract. CHAPTER VI.-Public Nuisances anj Sanitatio:1; Prevention of 13 fires ; Slaughter of caLtle. CHAPTER VIL-Registration of vital statistics 16 CHAPTER VIII.-Contagious or fnrectious diseases 18 CEIAPTBR IX.-Residence in village-tracts; Erection of houses; 21 Dwelling sit~s. CHAPTER X.-Duties of Headmen concerning land within the 23 village-tract. CHAPTER XL-Collection of Revenue 26 CHAPTER Xll.-Excise and Opium CHAPTER XIII.-Famine and Scarcity CHAPTER XIV.-Books, etc., to be kept by Headmen 31 34 35

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THE LOWER BURMA HEADMAN'S MANUAL. CHAPTER I. APPOINTMENT AND PRIVILEGES OF HEADMEN. I. The Headman is appointed by the Deputy Commissioner, and receives an appointment order under the Deputy Commis sioner's signature. The area under him, which includes the lands belonging to the village or villages under his control, is known as a village-tract. The Deputy Commissioner will inform the Headman as to the limits of his villa2:e-tract if there I , is any doubt. 2. H eadrnen are entitled to attend Darbars held in their districts by the Lieutenant-Governor. 3. Headmen do not receive fixed salaries. When they collect the revenue of the village-tract or a fine inflicted on the residents of the village-tract under the Village Act, they receive a commission on the amount collected. They are not entitled to pension. 4. Any remuneration received by a Headman is not liable to attachment by a Civil Court and cannot be assigned by the Headman to any one else. 5. When the ordinary emoluments of a Headman are in sufficient, unoccupied land at the disposal of Government subject to a maximum of 25 acres may be leased to a Headman as an appanage of his office subject to the payment by him of the usual revenue. Only land available within the village-tract of the Headman concerned will be so leased. Applications for leases should be made by the Headman to the Township Officer. 6. Such leases determine on the death of the Headman or on the vacation bv him of his office. The land so leased cannot be alienated in any manner, but the Headman may sublet the land for one year at a time and not for two years consecutively. 7. Every Headman is entitled to carry a silver-mounted da, and selected Headmen are also entitled to have a red umbrella carried before them as the insignia of their office. Only Headmen selected by the Deputy Commissioner will be entitli!d to Section! 4 (8) and 8 (1) and (2), Village Act. Paragraph g~, Vill:ige Manual. Para• gr:.phs aa, 161 an• sinner'! Notifica, tion No. 20G, dated the 11th December 1906. Para• graphs 31 an
PAGE 5

( 2 the latter distinction. In making the selection, the Deputy Commissioner will include all Headmen who are distinguished fC:r their loyalty. Any Hea~man who is guilty of misco~duct will be removed from the hst of those entitled to the higher distinction. ftvr~:~~ 8. In all Municipal and Government schools, the sons or Manual. 1 h f H d h f ma e eirs o ea men w o are too poor to pay ees are admitted as free scholars ; and in vernacular aided schools, in such cases, the fees are paid by the Deputy Commissioner. Cadets of Headmen's families may be exempted by the Deputy Commissioner from payment of fees at Government Survey Schools. CHAPTER II. GENERAL DUTIES A:-.ID LIABILITIES OF HEADMEN. Paragraph 9. The Headman is personaliy responsible for the per formance of the duties imposed on him, and must reside within his village-tract. section 7,1 IO. The Headman must without delay communicate informt1/~ge ation to -the nt>arest Magistrate or to the officer in charge of the nearest police-station, whichever is the nearer-(a) if any notorious receiver or vendor of stolen property lives in or comes to sfay for a time in his villagetract; (b) if any person known or suspected to be a dacoit, robber, escaped convict or proclaimed offender p3sses through or comes to the village-tract; (c) if any one commits, or attempts or intends to commit-( 1) homicide, (2) dacoity, ( 3) robbery, (4) an offence against the Arms Act, (5) any other offence which the Deputy Com missioner may order the Headman to report; (d) if any sudden, unnatural, or suspicious death occurs in the village-tract; ~~f.t;ifa~.i II. The Headman must enquire into any of the above r,J,Village mentioned offences committed in his village-tract, and must Act. search for and arrest any person whom he has reason to believe to have been concerned in tlie commission or attempted commission of any of those offences.

PAGE 6

( 3 ) He must try to recover any property taken by robbers or. ,,dacoits. He must arrest any person lurking in the village-tract who ,cannot give a satisfactory account of himself. 12. He may search for and arrest-( I) any person known or believed to be concerned in an offence for which a police-officer may arrest without warrant; (2) any person having in his possession without excuse an implement of house-breaking ; (3) any proclaimed offender; (4) any person in possession of stolen property and suspected of having come by it unlawfully ; (5, any person who obstructs a police officer in the execution of his duty ; (6) any escaped prisoner or deserter from the Army or Navy. 13. He must without delay send to the nearest police station any one whom he has arrested and any weapon or other article required as evidence. He should inform the beat constable of all serious offences. 14. \,\ henever a person's name is entered on the Police Surveillance RegistP-r, the officer in charge of the police-station will communicate full particulars to the Headman of the village-tract in which the person resides for the time being. \Vhen such person leaves his h0me, it is the duty of the Headman concerned to inform any police-officer visiting the village-tract of the departure of sue h person, and his alleged destination, if known. 15. lf the Head man hears of the advent of a suspicious stranger in his village-tract, it_ is his duty to question the person regarding his antecedents and residence, and to report to any police-officer visiting the vil.lage-tract all the information obtained by him. 16. The Headman must supply any local information required by a Magistrate or police-officer. He must assist all Government officers in the execution of their duties. 17. The Headman must resi'.it any unlawful attack on any village within his viliage-tract, and he must take such measures and execute such works for the protection of the village or villages in his village-tract as the Deputy Commissioner may direct. 18. Where a village is fenced, the headman should see ihat the fence is of good height and depth and properly Rule 1 !m General Department Notilica .. tion No. 450, elated the 9th December 1908. Section 8 (11 (1/.1, Villag• Act. Paragrapll 15A, Vill;ige l\lannal, Section 8 (1), (l) and (m), Village Act, Section 8 (1) (1) and(!), Village Act.

PAGE 7

( 4 ) strengthened by poles and cross-poles, and that the gates are kept in good repair. He should see that " kins " are kept nightly, that the young men practise billet-throwing and that the residents of the village-tract know what they have to do iIP case of an attack. He should provide himself with a gong which can be heard all over the village. ~,c~}r~ 8 19. The Headman must keep open communications between. A~1/:i:e the village or villages within his tract and adjacent viliages or towns in such way a~ the Deputy Comrpisc:;ioner may direct; rH)~0 1 ~ 8 20. He must collect and furnish, upon receipt of payment X~i~g;.1ra• in advance at rates fixed by the Deputy Commissioner, guides, fi~i~~:5 • food, carriage and means of transport for troops or police posted Manual. in or near or marching through his village-tract or for any Government servant travelling on duty, or, if so ordered by the Deputy Commissioner, for any traveller. Payment should be obtained on the form in counterfoil prescribed for the purpose: the foil should be given to the person making payment who should sign the COUQterfoil. The Headman is not bound to collect supplies beyond the limits. of his village-tract or to furnish carriage or means of transport for more than twelve hours' journey from the villagetract. He must not call out for personal service people who are not of the labouring class or who are not accustomed to the work required. ~:t;i,~ 8 21. If so directed by a Magistrate, or by an embankment X~1/:ge officer, or by any person authorized by such officer, he must furnish labourers for making or repairing roads, embankments,. or other public works. :i'~cuon 22. Any Headman who neglects his duties or abuses his; X~i~i: powers may be fined up to Rs. 50 or suspended for not more than six months, or removed or dismissed, by the Deputy Para• graphs 87 -40, Vil• I age Manual. Commissioner. 23. A Headman may absent himself from his village-tract on his private business for a period not exceeding seven days on his own responsibility. He should leave a ten-houseA7"aung or other suitable person in general charge of the village-tract during his absence, but this substitute has no legal powers and cannot be held legally responsible in the same way as a: Headman. 24. For leave of absence for more than seven days and not exceeding one month the Headman should obtain the sanction1 of the Township Officer, who will arrange for the general charge of the village-tract duririg the Hea.dman's absence.

PAGE 8

( 5 ) 25. Leave of absence for more than one month may be granted only by the Deputy Cornmissioner. 26. Ordinarily, except when a temporary substitute is formally appointed, a Headman shall not be absent from his village-tract during a revenue-collecting season unless his revenue has been collected and fully paid in. CHAPTER II I. CRIMINAL AND CIVIL POWERS OF HEADMEN. Criminal Powersoj all Headmen. 27. The Headman may try persons who commit any of the following offences in l:.is village-tract, if a complaint is made to him ,vithin eight days after the offence has been committed :-(a) assault; (b) theft of property worth not more than Rs. 5 ; (c) mischief where the damage caused does not exceed Rs. 5; ( d) cri1ninal trespass ; (e) insu1t calculated to provoke breaches of the peace (section 5041 Indian Penal Code) ; (f) doing obscene acts or singing, reciting, or uttering obscene songs, ballads or words in a public place (section 2941 Indian Penal Code); (g) misconduct in public by a drunken person (section,510, Indian Penal Code); and (h) the offence of grazing cattle or allowing cattle to trespass, or cutting or rooting out any trees, shrubs, or grass on any embankment, without leave of the Embankment Officer. See also paragraph I 2 I. 28. If the Headman convicts the accused, he may fine him any sum not exceeding Rs. 51 or, in cases of theft or mischief, not exceeding twice the value of the stolen property or the amount of the damage ; or he may confine him for not more than 24 hours; or he may both fine and imprison him to the above extent. The Headman may take and keep a fee of one rupee from the complainant in each case. Section It• (1) and (2!,Village Act, General Dep~rt• ment Notifica• tion No. HB;
PAGE 9

Section g {4)and(n), Village Act. ( 6 ) Powers and Procedure of Headmen with Special Crinzz'nal I'owers. 29. A Headman specially empowered by the Commissioner may, on comphiint, also try cases of theft or mischief when the value of the property stolen or the amount of the da:nage exceeds Rs. 5 but does not exceed Rs. 50. In such cases he may fine the accused, if convicted, not more than Rs. 50 or confine him for not more than 15 days; or he maY. both fine and confine him to the above extent. A Headman specially empowered as above may take and keep a fee of Rs. 2 from the complainant in each such ca5e. ~it1~g~ 30. At every trial before a Headman both the complainant Act, • and accused must be present. f;ti0~. If the accused intentionally o:nits to attend when summoned ~e~af ian by the Headman, or goes away before it is lawful for him to 0 e. • depart, the Headman may lay a complaint against him before Section 9 (S),Village Act, and Rule 3 in Gener;'!) Depart• mcnt Notifica, tion No. ,si, elated the nth December 19u8. Section 9 (8) and (10), Vil lag,e Act. Rule 2 ic General Depart, ment Notifica tion No. 45"', dated the 9th December 1903. Secti,,n 9 (4), Vil• lage Act. Para, graphs 171 and 172, VII• !age Manual. the Township Magistrate. 31. The Headman may pay the whole or any part of the fine to the complainant as compensation. The Headman must give a written receipt for all fines paid to him. 32. If the complainant and accused agree, they may compound a case at any time before the Headman has decided it. If the accused is convicted, he must repay to the complainant the fee paid to the Headman, besides paying any fine that may be imposed. If.the accused, after conviction, does not pay the fine, the Headman should report the fact to the Township Officer and ask him to issue a warrant. 33. The Headman must enter particulars of every case which he tries in a register supplied for the purpose by the Deputy Commissioner, 34. The place where persons ordered to be confined by the Headman are to be kept is prescribed by the Deputy Commissioner. In remote villages and for all. sentences for 24 hours or less the Headman's house or other suitable building is the place of confinement, but when a sentence exceeding 24 hours is passed and there is a jail or a police-station within a day's

PAGE 10

( 7 ) :journey of the village, it will generally be convenient that the jail or police-station should be used. In such cases the Headman should use the form of warrant prescribed for the purpose, of. w~ich copies will be supplied to him by the Deputy Comm1ss10ner. Women and juvenile offenders must in all cases be confi11ed in a house in the village in )Vhich the headman resides, and must not be sent for confinement in a jail or police-station. 35. Fines imposed, unless paid away in compensation, must P;;ai; 'be paid to th~ Township Officer, who will give a receipt for f:lvilthem. All receipts given by the Township Officer must be Mamr. pasted into the last page of the Headman's register of cases referred to in paragraph 33 above. Powers and Procedure of Headmen empowered to fry Cz"vz"l Sui"ts. 36. A Headman specially empowered by the Commissioner ~~f.~9 : " may try civil cases, provided that the plaintiff and the Act. g defendant or, if there are more than one plaintiff or more than ,one defendant, all the plaintiffs ;,.nd all the defendants live with-in his vil'age-tract. The value of the suit must not exceed Rs. 20. The classes of cases which he may try will be intimated to the Headman. They are usually suits for-( I) money or moveable property ; ( 2) matrimonial suits ; (3) suits for damages on account of actionable wrongs. 37. A fee is paid to the Headman on institution at the 1tic.1~~-a 'following rate :-!age Act. Rs. A. If the value of the suit is Rs. Io or less I o If the value of the suit is more than Rs. 10 and not more than Rs. 15 I 8 If the value of the suit is more than Rs. 15 2 o No other fees must be paid except the execution fee under :paragraph 45. 38. The plaintiff may begin his suit. either by making an oral complaint, to be reduced to writing by or under the orders ,of the Headman, or by presentation of a written plaint. 39, On the institution of a suit the Headman shall cause to be served on the defendant a written notice specifying the name of the plaintiff, the nature of the claim and the time and place at which the suit will be tried, and directing the defendant, if he wishes to dispute the cl-tim, to appear with his witnesses .at the time and place fixed. He shall also inform the plaintiff 00f the date SO fixed. Gener a Department Notifica tion No. 453, dated the 0th Dcce.mber 19U8.

PAGE 11

( 8 ) 40. At the time and place fixed the Headman shall proceed to hear and try the case. He shall examine the parties and their witnesses and deliver judgment. 41. The Headman shall record or cause to be recorded the names of the witnesses and the substance of th~ir evidence and a brief statement of the grounds of his order. 42. The Headman may adjoum the case from time to time,. noting the dates of adjournment on the record, either to obtain the attendance of further witnesses or for any other reasonable cause. 43. The Headman shall decide whether the unsuccessful party shall pay the costs of the other party or not. He may award as costs any reasonable charges incurred by the s_uccessful party for the purposes of the suit, provided that the total costs, including the fee prescribed by section 6, subsection (4), of the Act, shall in no case exceed one-quarter of the value of the suit. 44. If the plair;tiff does not appear at the time and place fixed, the Headman shall dismiss the suit, unless for any reasonable cause he thinks proper to adjourn it. Similarly, if the defendant fails to appear, the Headman shall proceed with the trial in his absence, unless for some special re:ison hethinks better to adjourn. In the former case, if his decision is_ in favour of the plaintiff, a copy of it shall be served upC'n the defendant, and if the latter within ten days appears before the Headman and proves that he was unable to attend, the Headman shall hold a fresh trial, provided that the cost of the second trial shall in all cases be borne by the defendant, wh:ttever the result. A suit dismissed on account of the non-appearance of the plaintiff may similarly be reopened within ten days on sufficient cause shown. 45. If the unsuccessful p1rty neglects or refuses to pay the amount awarded within ten d1ys, the Headman m1y, oq the application of the other party, serve the unsuccessful p1rty with a notice, directing him to pay to the Headman the amount, with one rupee additional as a fee, within five days. If the debtor still neglects to pay, the Headman shall, after the expiry of the five days, attach and sell by public auction so much of the debtor's moveable property as is sufficient to defray the amount awarded together with the fee. The Headman shall, out of the proceeds of the property, pay the amount awarded to the successful party ; the balance, after deducting the fee o[ one rupee, shall be returned to the judgment-debtor. The Headman shall re~ord a brief note of any action taken by him under this rule and shall file it with the record of the suit.

PAGE 12

( 9 ) 46. If the judgment-debtor has removed to another villagetract, the Headman shall inform the Hea
PAGE 13

(ii) (iii) (iv) (v) (vi) (vii) ( 10 ) commission, or attempted commission, of any of the following offences, namely,(a) homicide, (b) dacoity, (c) robbery, (d) offence against the Arms Act, (e) any other offence specified by the Deputy Commissioner, and to recover, if possible, any property taken by any such person; to arre~t any person found lurking within the limits of the village-tract who cannot give a satisfactory account of himself ; to deliver to the Headman any person arrested by him or made over to his custody, together with a11 y weapon or other article likely to be useful as. evidence; to resist any unlawful attack made upon any villaae within the village-tract; 0 to assist the Headman in registering all births and: deaths which take place within the village-tract and any other vital statistics which the Headman may be required to register; _ to supply any local information which any Magistrate or officer of police _may require; generally to assist the Headman and all officers of H.e Government in the execution of their public duties. • section 11 55. Every person residing in a village-tract is bound to assist (d), Vilf . . tage Act. a rural policeman, i reqmred to do so, in the execution of his. public duties. 5ecllon 56. If any person refuses or neglects to assist a rural f~t~illage policeman in his public duties when so required, the Headman may fine him to the extent of Rs. 51 or may confine him for a term not exceeding 24 hours, or inflict both penalties. If the Headman thinks this punishment insufficient, he may complain to a Magistrate in order that heavier punishment may be inflicted. Seetlonto 57. Any rural policeman who neglects his duties or abuses, X:age 'his powers may be fined up to Rs. 501 or suspended for not more than six months, or removed or dismissed, by the Deputy Commissioner or ether officer empowered to appoint a rural policeman.

PAGE 14

( 11 ) CHAPTER V. GENERAL DUTIES AND LIABIUTIES OF THE RESIDENTS OF A VILLAGE-TRACT. 58. Every person residing in a village-tract is bound to communicate to the Headman any information which he may obta~n respecting the commission-of, or attempt or intention to commit, within the village-tract, any of the following offences:-(a) homicide; (b) dacoity; :if (c) robbery; (d) an offence against the Arms Act; (e) any other offence which the Deputy Commissioner may order the Headman to report. He is also bound to resist any unlawful attack made upon any village within the village-tract. Section 11, (a), Vil, lai;e Act, 59. He must take such measures as may be prescribed for irt:~.11! (i) the registration of births, deaths and vital statistics, (ii) the !age Act, prevention of public nuisances, (iii) the cure or prevention of the spreading of any contagious or infectious disease among human beings and domestic animals of any kind, (iv) the pre vention and extinction of fires, (v) the general sanitation of the village-tract, and (vi) the regulation of the slaughter of cattle. His duties in these matters are mentioned in Chapters VI-VIII of this Manual. 60. He is bound, on the requisition of the Headman or of ~ec1~n.11' a rural policeman, to assist him in the execution of his public 1~i~ Act. duties. . 61. When employed under the orders of the Headman or fttaiw.p1r -rural policeman in watching his village at night he is allowed ~~~uaJ, to go armed with a spear. 62. Any person residing . in a villa!e-tract who, without Section 12, Vil-reasonable excuse, refuses or neglects to perform the public 1a1:e Act. duties imposed on him or to assist the Headman or rural policeman in his public duties when so required is li_ able, by order of the Headman, to a fine not exceeding Rs. 5 , or to confine-ment for a term not exceeding 24 hours, or both these penalties. If the Headman thinks this punishment insufficient, he may complain to a Magistrate in order that heavier punishment may be inflicted.

PAGE 15

:Sections l8, 14 and J (2), Vil lag• Act. 'Paragraph 119, Vil• 'Jaire Manual, Paragraph 120(•), Village Manual. Paragraph 120 (b), Village Manual. Paragraph 12U (d), Vill;-ige Mouual. Paragraph 120(g) and (h), Vil !age Manual. 12 ) 63. The Deputy Commissioner may fine the residents of a village-tract-_ (a) if they assist; harbour, or fail to take all reasonable means to prevent the escape of any criminal ; (b) if they suppress, or combine to suppress, evidence in a criminal case ; ( c) if they do not restore stolen property _tracked to their village-tract or take on the track beyond their limits ; (d) if any person is dangerously or fatally wounded unlawfully, or if the body of any person unlawfully killed is found in the village-tract, unless the resi dents ca'.1 show that they could not prevent the offence or arrest the offender, or that they have done their best to bring the offender to justice. In the above cases, instead of fining the residents of thf village-tract, the Lieutenant-Governor may increas~ the capi tation-tax or land revenuP.. 64. The law as regards stolen property tracked to a villagetract is based on the following passage from the Manukye Dhammathat (Volume IV, section 3) :" 3rd. The law by which the dzstrz"ct to whz"ch the foot-marks of stolen cattle a1~e traced shall be caused to make good the loss. "Oh king ! if any one's horses, buffaloes, or oxen be stolen, and the foot-marks are really traced to any district, that district may be sued; if the fact be not ascer t::iined, or there be no foot-marks, there shall be no claim against the district. Wise men must note this. If horses, buffaloes, or oxen be lost, and the owner shall trace their foot-marks into any village, the people of the'village and the thugyi, that they may be free from blame, ought to go with him and point out the place where the foot-marks leave the village. If they do not show the place by which they left the village, they should be caused to replace them." 65. It is the duty of the Headman and th~ residents of any village-tract from which cattle are stolen to follow up the track at once. The Headman should at the same time send. prompt notice to the nearest police-station, and the police should join the trackers without delay. 66. It is the duty of the Headman and the residents of any village-tract tg which the tracks_ of stolen cattle are traced to take up the track and endeavour to carry it beyond the limits of their village-tract. 67. When the Township Officer enquires into a case in which cattle are tracked to a village-tract the residents will be given an opportunity of making their defence through the elders and of showing cause why they should not be fined. _ 68. When a fine has been levied, the residents may get it back if they succeed in recovering the cattle or in tracing the thieves.

PAGE 16

( 13 ) Compensation is ordinarily given to the owner of the stolen cattle, but generally not more than half the value of the cattle is paid. This limitation is to make people careful and to encourage them to try to find their cattle and trace the thieves. If compensation has once been paid it will in no case be taken back. The above rules apply to other kinds of property as well as cattle. 69. No person may hold a pwe in a village-tract without the permission of the Deputy Commissioner or an officer appointed for this purpose by the Deputy Commissioner. Pwes include theatrical or dramatic performances, and cart, pony, boat and similar races held for public entertainment, and, except in certain townships which have been specially notified, payapwes, pongyibyans and circuses. In the Arakan Division, pwes also include wrestling matches ( ilccf.ic~~psn) CHAPTER VI. PUB-LJC NUISANCES AND SANITATION; PREVENTION OF Fqrns;. SLAUGHTER OF CATTLE. Duties of the Headman and the Residents of a Village-tract in respect of Public Nuisances and Sanitation. 70. No person residing in a village-tract shall allow any house or la'1d occupied by him to be kept in a filthy or insanitary condition or overgrown 1Vith weeds or rank vegetati.on. 71. No person residing in a village-tract shall allow any corpse of a human being, unless embalmed or enclosed in an airtight coffin, to be kept unburied or uncremated for more than 48 hours in any house or land occupied by him without the special sanction in each case of the Deputy Commissioner, Civil Surgeon, Subdivisional Officer or Towns hip Officer. Between the first day of November and last day of February inclusive, corpses may be kept unburied or uncremated for 72 hours. 72. No person residing in a village-tract shall bury a corpse o~ c':1-use a corpse to be buried at a depth of less than 5 feet, or w1thm 30 yards of any well, tank or stream, or of any dwelling house. No person residing in a village-tract shall throw a corps':' or cause it to be thrown into a river, creek or water of any kind. 2 Section ~l, Village Act, and General Depart• mcnt Notifica• lions No. 4i9, dated 1he 9th December 1908, and No. 391, dated the 8th De ccmbu lQO~. General Depart• mcnt Notifica. t10n No. 451, dated the 9th December mos.

PAGE 17

( 14 ) .7~. ~xcept .with the permission of the Headman, no person residing m a village-tract shall burn or bury or deposit the corpse of a human being in or at any p1ace other than a burialground set apart by the Headman. 1 .74No per~on residing in a village-tract shall allow any ,~trme or cess-pit on any house, enclosure or land occupied by him to be kept in a filthy or insanitary condition. Cess-pits shall be closed periodically. 75. No person residing in a village-tract shall build any new house in any village within 20 feet of the front or back or 6 feet of the side of any existing house. 76. The Headman shall reciuire residents of the villagetract to carry out the provisions of the preceding rules. 77. The Headman shall set apart one or more places in each village-tract as burial grounds. 78. The Headman shall cause to be removed i~mediately from any canal, tank or other source of water-supply within the limits of his village-tract the dead body of any animal found therein, and shall cause the same to be buried. 79. The Headman shall set apart in each village under his control one or more wells for drinking purposes, and sha1l cause to be constructed round each well a parapet 2 feet high, and shall nJt allow bathing or washing of clothes within 20 yards of any such well, and shall not allow the ground within 20 yards of such well to be defiled by [ilth, rubbish or otherwise. If the water-supply isfrom tanks, the Headman shall reserve on::: tank for drinking purposes only, shall keep clean the banks thereof, and shall not allow bathing, washing of clothes or wateri!1g of cattle therein. 80. The Headman shall cause the villagers to undertake annually such measures for the maintenance of and the removal of silt from all drinking-water tanks in his village-tract which are not the property of private individuals as the Deputy Commissioner may, on the advice, if necessary, of the Executive Engineer, direct. 81. In the case of villages which are situated n ~ar the bank of a river or stream, the water of which is ordinarily used for drinking purposes, the Headman shall, as far as possible, keep the foreshore fre._e from houses up to a distance of 40 feet from the bank. He shall require all houses hereafter built or rebuilt to face the bank of the river or stream, and shall not a1!ow latrines to be erected between the houses and the bank of the river or stream. 82. The Headman shall see that all latrines in each village under his control are screened by a sufficient roof and wall

PAGE 18

( 15 ) from th~ view of passers-by or persons residing in the neighbourhood. 83. The Headman shall cause the streets andbnes in each villaae under his control to be kept free from weeds, in good orde~, and in a sanitary condition. . 84. The Headman shall mark out a place near but outside each village under his control, where rubbish may be deposited, and shall cause the rubbish to be burnt or worked into the land at ploughing time. Duties of the Headman and thr: Resz"dents of a Vz"llage-tract z"n respect of the Preventz"on of Fz"res. 85. Each house-owner or occupier in a viilage shall maintain two hooked bamboos, two fire-beaters, and as many pots filled with water as there are front posts of his house. 86. The Headman shall see that fires or lights are not ignited, handled, or used in any village under his control in such a manner as to be dangerous to life or property. In really serious cases, or where a fire results from careless action on the ,part of any of the villagers, he shall send a report of the matter to the nearest Magistrate or police-officer. Dutz"es of the Headman and the Resi"dents of a Village-tract z"n respect of the Slaughter of Cattle. 87. The term "cattle,, includes sheep, goats and swine, as General l)cpart• well as horned cattle. ment Notifica88. When a slaughter-house has been provided for any ti,n No. village-tract, no person residing in a village-tract shall, within a f1~!/l:'ted radius of fiVe miles from the slaughter-house, without the special ~~~~miler sanction of the Deputy Commissioner or Subdivisional Officer, slaughter cactle or cause cattle to be slaughtered or expose the carcases of cattle for sale otherwise than in accordance with a license grantecl by the Deputy Commissioner. 89. When a slaughter-house has been provided for any -towri. as defined in the Burma Towns Act, 190 7, no person residing in a village-tract shall within a radius of five miles from the sJaughter-house, without the special sanction of the Deputy Commissioner or Subdivisional Officer, slaughter cattle or cause cattle to be sla11ghtered or expose the carcases of r:attle for -sale otherwise than in accordance with a license granted bv the Deputy Commissioner. This rule does not apply m the Arakan Division.

PAGE 19

( 16 ) CHAPTER VII. REGISTRATION OF VITAL STATISTICS, Duties of the Headman and the Resit(ents of a Vz"tloge-tracf in respect of the Registratz'on of Births ancl Deaths of Himzan Beings. g:~:~i 90. Every birth and death occurring in the village-tract ~i;;~cashall be reported to the Headman by the owner of the house ~~~'.' ,1;~~<1 in which it occurs, or if the owner is absent or unable to report, ~~c~:~hcr then by the eldest adult male living in the house, or if such ioo;. eldest male is unable to report, then by the eldest adult female Re,enne Uepartment Noti• fi.:ation No. U!, dated the 9th December IU08. living in the house. 9r. The Headman shall make it generally known that any person being bound to report a birth or death and neglecting to do so is liable to punishment under section 12 of the Act. 92. On the occurrence of a birth within his viilage-tract the Headman shall record it, or cause it to be recorded, in a counterfoil register to be maintained by him in the form supplied by the Deputy Commissioner. 93., On the occurrence of a
PAGE 20

( 17 ) 96. The Headman shall make it generally known that any person being bound to report a death and neglecting to do so is liable to punishment under section I 2 of the Act. 97. On the occurrence of a death of cattle within his village-tract the Headman shall record it, or cause it to be recorded, in a counterfoil register to be maintained by him in the form supplied by the Deputy Commissioner. Di'sposal of Regz'stratz'on Records. 98. The Headman shall keep the foils on which entries have been made till they are collected by the officer appointed for this purpose, unless by general or special order of the Deputy Commissioner he 1s directed to send the foils to an -officer appointed by the Deputy Commissioner, in which case he shall obey such order; the Hetdman shall retain the books containing the counterfoils as part of the village records. 99. When, for any reason, the Headman is obliged to leave his village for some time, he shall deposit the foils already collected with a village elder or some other responsible person, and shall make the necessary arrangements to ensure the foils . being safely delivered to the police if they should call during his absence. IOO. Each counterfoil register issued for the Headman's use will bear a serial number given in the Township Office. The Headman will enter this number on the face of each foil filled in by him. IOI. Every village is visited at least once a month hy a police-officer, who receives and takes away all foils on which births and de;iths of human beings and deaths of cattle have been recorded since his last visit. The police-officer enters the date of his visit and the numbers of the birth and death foils taken away in a book kept for the purpose, together with his name and rank. 102. The counterfoil registers of births and deaths shall be kept by Headmen for one year after the date of the entry on the last page and may then be destroyed. 103. The Headman must produce his registers for inspec tion when required to do so by any Government officer. But he will not be required to produce his registers elsewhere than in his village-tract. Paral!rapl--s l and 86, \ il:agc ManuJl. Para graph• 63, 66, 88 and 89, Village Manual. P:ua~raph 81, V1llago Manual, Pam .. graphs 71, 72, 9land ~6, Village Manual

PAGE 21

Ruic 17 in General Depart• ment No .. titication No. 151, d:ltCd the 0th December 1908. Rules ]8:,\ and lSB, ibid. General Depart ment Notifica tion No, 16, t\2tetl he 7th .lannary 1910, and No. nu, elated the 3rd May l~C9. R~,ennl'" Depart rnentNc tification 1'/o. 90, dated the 9th Dem bor 1900. ( 18 ) CHAPTER VIII. CONTAGIOCS OR INFECTIOUS DISEASES. Conta{[ious or Infectious Disease among Human Beings. 104. No person residing in a village-tract shall keep the corpse of a human being who has died of cholera, small-pox, unusual fever accompanied by .glandular swellings, or other infectious or contagious disease, for more than six hours unburied or uncremated in any house or land occupied by him. 105. Thf: H eadrnan shall at once send a report to the Township Officer or to the Subdivisional Officer orto the Deputy Commissioner, if either of the two latter officers is nearer than the Township Officer, of the occurrence of cholera, small-pox or any case of unusual fever accompanied by glandular swellings within his village-tract. Headmen in the Tenasserirn Division may send the report to the officer .in charge of the police-station or outpost if he is nearer than the Township Officer, Subdivisional Officer, or the Deputy Commissioner. I 06. The Headman of a village-tract w hie h is not infected with cholera, small-pox or plague may forbid and take all reasonc1 ble means to prevent the entrance into his village-tract of any person ( other than a Government Officer on duty) who comes from an area infected with cholera, small-pox or plague for a period of ten days from the date on which he left the in ected area. 107. Headmen of village-tracts infected with plague have special duties imposed on them by the plague rules, and should not fail to obtain copies of those rules from the Township Officer. Confa[[z"ous or Infectious Dz"sease among Cattle. 108. In these rules( 1) " Cattle" and "animal " mean kine, buffaloes sheep and goats, and such other beasts as the Commissioner may from time to time declare to be cattle or animals for the purposes of these rules. " Contagious or infectious disease '' means rinder pest, anthrax, foot-and-mouth disease, contagious pleuro-pneumonia, tuberculosis, glanders, and any other disease which the Commissioner may from

PAGE 22

( 19 ) time to time declare to be contagious or infectious for the purposes of these rules. (3) "Diseased" means suffering from contagious or infectious disease. (4) "Cattle-owner" includes any person who has cattle in his possession or under his charge. 109. All persons resident in a village-tract shall report to the Headman tlie outhreak of any contagious or infections disease among cattle in the village-tract or in any neighbouring village-tract which may come to their knowledge . IIO. Every cattle-owner, on the appearance of any conta gious or infectious disease among his cattle, shall (a)' keep the diseased cattle in a place apart from all other cattle and dis tant from the places whither the other cattle usually resort ;(b) if the disease be rin~erpest, keep all other cattle which have been in the same herd with the diseased animal in a place such as aforesaid; and (c) report the appearance of the disease .immediately to the Headman. II I. Every cattle-owner in the village-tract in which contagious or infectious disease has broken out shall (a) keep his diseased cattle, and, if the disease be rinderpest, his other cattle which have been in the same herd with diseased cattle, in the places set apart for the same by the Headman under Rule I I 2 unless and until other places are set apart for the purpose by the Deputy Commissioner or other officer appointed by him ; and (b) give the Headman such assistance as he may require in enclosing the place or places set apart for diseased cattle, II2. A Headman, on learning from the report of a cattle owner or otherwise of the breaking out of contagious or infec tious disease in the village-tract under his charge shall (I) within 24 hours send a written report of the fact to the Town ship Officer, or to the Subdivisional Officer or Deputy Com missioner if either of these officers is nearer than the Townshi,, Officer; (2) if there is any waste land or grazing-ground in th~ village-tract, at once set apart therein places for diseased cattle, and, if the disease be rinderpest, places for cattle which have been in the same herd with diseased cattle ; . (3) cause the place or places so set apart to be enclosed; or (4) if no waste land or grazing-ground is available for an enclosure, state th fact in his report. IIJ. The Headman, after making the report prescribed in Rule 112, and after receiving an order directing an examina tion of the village cattle, shall cause all cattle-owners in the village-tract to bring their cattle for the inspection of the officer

PAGE 23

( 20 ) appointed by the Deputy Commissioner, Township Officer or Subdivisional Officer to examine them, to such place as the examining officer may direct. He shall give such officer all reasonable assistance in the inspection. He c;hall be careful that the deceased cattle are not herded together with the rest of the cattle at the inspection. 114. The Headman of any village-tract in which contagious or infectious disease has broken out shall, on receiving orders from the Deputy Commissioner or Subdivisional Officer or Township Officer, set apart for diseased cattle, or, if the disease be rinderpest, for cattle which have been in the same herd with diseased cattle, such places as may be ordered, and shall require every cattle-owner in the village-tract to keep his diseased cattle, and, if the disease be rinderpest, his cattle which have been in the same herd with diseased cattie, in places so set apart, and not to remove the cattle from these places without his permission, which permission he shall not grant without the written order of the Deputy Commissioner or an officer authorized by the Deputy Commissioner. n5. The Headman of any village-tract in which conta gious or infectious disease has broken out shall, on receiving orders from the Deputy Commissioner, Subdivisional Officer or Township Officer, require the cattle-owners in the villagetract to make at their own expense such sheds, enclosures, or other structures as are ordered for the proper isolation of diseased cattle. I 16. In any village-tract in which contagious or infectious disease has broken out, the P.eadman shall cause all dung, hay, straw, litter, refuse, or other thing wl}ich has been, or which may have been, in contact with a diseased animal, to be burnt by the cattle-owner. 117. If a diseased animal dies in any village-tract in which contagious or infectious disease has broken out, the Headman shall order the owner of the dead animal to bury the carcase within 12 hours after death at, or as near as possible to, the spot where the animal died, but at a distance of not less than 300 yards from any houses, cattle-pens, and customary water ing places and at a depth below the surface of not less than 6 feet. The carcase shall be buried with the hide and h0rns, and after the carcase has been put into the ground the hide shall be slashed so as to render it unfit for tanning or any other use. But if by reason of flood or for any other cause it is not possible to bury the carcase, it shall be burnt. 118. The Headman shall from time to time proclaim in the village-tract that any cattle-owner or other person being bound

PAGE 24

( 21 to report the outbreak of contagious or infectious disease or death of cattle who neglects to do so or who disobeys the order of the Headman under any of the foregoing rules is liable to punishment under section 12 of the Village Act. I 19. As soon as the existence of contagious cattle-disease is reported or suspected, either in his village-tract, in neighbouring village-tracts or grazing-grounds or amongst strange cattle passing through or near his charge, the Headman shall cause notices proclaiming the fact to be affixed to trees on the roa'!ls or grazing-grounds, .zayats, etc.: or such other public places as he thinks fit. CHAPTER IX. RESIDENCE IN VILLAGE-TRACTS; ERECTION OF HOUSES ; DELLING SITES. Residence z"n Village-tracts. 120. If a stranger comes to a village-tract, either he himself or the person in whose house he stays must report his name, occupation, am! the place whence he comes, to the Headman within twelve hours of his arrival. The person in whose house the stranger stays must report his departure to the Headman. If the Deputy Commissioner orders him to do so, the Headman must keep in a book, which will be supplied to him, a list of all strangers arriving at and leaving his village-tract. 121. Any person who disobeys the rules in p1ragraph 120 is punishable by a Magistrate. If no prosecution is instituted before a Magistrate, the Headman may, within eight days from the commission of the offence, take cognizance of it whether upon receipt of informa tion that it has been committed or upon his own knowledge or suspicion. The procedure will be the same as that laid down in paragraph 28 except that there will be no fee. The punish ment the Headman may inflict is the same as that prescribed in ,paragraph 28. Erection of Houses. 122. A person who is not a resident of a village-tract may not build any house, hut or enclosure, or take up his residence in the village-tract without the Headman's permission. If he does so, he is punishable by a Magistrate but not by the Headman. Sccllon 1~. Village Act. Section 1e, VUiag• Act, Section, 17 and 18, Village Act.

PAGE 25

Sectlen 18, Village Act. Chapter V of Rules nndcr Lower Burma fown and Village Landa Act, ( 22 ) . 123. No person may, without the permission of the Deputy Comrnissioner, establish a new village or group of houses, and no person may ordinarily build or occupy a house on land which is not within a village until it has been appropriated to dwelling places with the permission of the Deputy Commissioner. Dwellz'ng Sz'tes. 124. Any person desiring to occupy any land in a villa.ge as a site for the erection of a dwelling-house or paddy godown, or for any other purpose approved by the Deputy Commissioner by general or special order, may apply either verbally or in writing to the Headman of the village-tract, who shall thereupon personally satisfy himself that the land applied for is at the disposal of Government, that it is suitable for the purpose applied for, and that there is no objection on public grounds to the use of the land for that purpose or for any purpose. 125. In the case of an application for a: site for a dwelling house, if the applicant is already in occupation of a sufficient site for his own dwelling-house, or if he is not a resident of the village-tract and the Headman sees fit to refuse permission under paragraph , 22, the Headman shall decline to take any action on the application. 126. If a Headman decides to take action on an application~ he shall require the applicant to demarcate the site, and shall, when this has been done, issue notice in such form as may Le prescribed for the purpose, informing all whom it may concern that he will receive objections to the application on or before a date fixed in the notice, which shall not be less than 1 5 days after the date of its publication. Such notice shall be affixed at the land and on the house of the Headman. 127. If no objection is received on or before the date fixed therefor in the public notice (which shall i:e not less than fifteen days after the date of publication), the Headman shall issue to the applicant a license in such form as may be prescribed for the purpose. Where the land applied for is land acquired by Government for the extension of an old or the provision of a new village-site, a grant in such form as may be prescribed for the purpose should be issued. 128. For each grant issued under paragraph I 27 in respect of land acquired for village-sites, such fee or premium may be charged as the Deputy Commissioner may fix.

PAGE 26

( 23 ) 129. No lot granted under paragraph I 28 shall be transferred within five years from the date of the grant without the sanction of the Township Officer or Subdivisional Officer endorsed on the instrument of grant. 130. In areas specially n8tified by the Local Government in this behalf the license shall be so expressed as to expire on a certain date not more than three years from the date of issue. 131. The toundaries of the land shall always be clearly given in the license, and, where possible, a plan of the land should be drawn on it. 132. If objections are received, the Headman shall refer the parties to the Township Officer with a report of the circumstances. 133. The counterfoils of all licenses issued by the Headman shall be preserved by him. CHAPTER X. DUTIES OF HEADMEN CONCERNING LAND WITHIN nm VILLAGE-TRACT, Supervisz'on of Public Lands. 134. The Headman shall examine all the boundary marks of grazing-grounds in his village-tract once a year after the monsoon, and report their condition to the Township Officer at the same time as he submits his report regarding permanent survey marks under paragraph 144. When a grazing-ground is situated in several village-tracts, a section of the boundary li_ne will be allotte
PAGE 27

Paragraph "107, Village Manual. 24 ) such notices as the Deputy Commissioner may issue with respect to proposed grazing-grounds in his tract. 137. The Headman shall, when required, affix to his house, or to the notice-board in the village-tract where there is one, notices regarding land relinquished in his village-tract. 138. The Headman is required to sign the report of the Revenue Surveyor on the condition of the land for which a grant is required, and should add any remarks he wishes to make. 139. The Headman shall, when ordered by the Township Officer, affix notices calling for objections to a grant of land on the land itself and on his own house, and in case there are any dHached villages or hamlets under his charge, on the houses of ten-house gaungs in such villages or hamlets. He shall return to the Township Officpr one copy of any such notice with an endorsement showing how and when it was affixed, Survey and Land Records. 140. Headmen are neither required nor permitted to survey the lands in their village-tracts. 141. The Headman is in no way subordinate to the Revenue Surveyor, but he is bound to ::issist the Revenue Surveyor by causing the residents of his village.:.tract to attend upon the surveyor during the time the latter is preparing the annual map and revenue-roll of his village-tract. 142. The Headman shall cause the resirlents of his villagetract to attend when Revenue Officers come round to check survey work. 143. When survey er boundary marks have been laid down in a village-tract the Headman will receive from the Boundary Officer a duplicate statement specifying. (a) the kind of permanent boundary marks or survey marks fixed ; (b) the number of such marks; (c) the places where they are fixed: and requiring him to protect such marks and to report at once any damage or injury to them. After he has satisfied himself by personal inspection that the marks specified in the statement have actually been laid ,down, he shall sign and return one copy of th_e statement.

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144. The Headman sh:1.ll inspect all permanent survey marks on the boundaries of or within his village-tract once a year after the monsoon, and report their condition to the Circle Thugyi if there is one, or, if not, to the Township Officer before the end of November, unless he gets the special permission of the Deputy Commissioner to submit the report later. The report shall be in the following fortn :-Headman's Report on Penn.went Survey-marks izn hz's charge. November December 19 'I'ownship .•................••........................... Village-tract,,, ... , ..... ,.;., ................... ,... . .. . Name of Headman .......... """'"""" .... . Residence ...... ,,, ............. ,, .... ,, .............. . Number of permanent survey-marks in Headman's charge ... / (a) Number of such marks visited as required by rule ... / Number found correct, in good order, and properly protected l ---Particulars regarding each mark lost, found broken, or not protected [ (b) The Headman will be supplied annually with two copies of the form with the number in (a) filled in. The entries in (b) should be similar to the following:-" Mark in Nga Ni's paddy land not found. Mark west of Nga Pyu's garden broken. Mark in jungle south of village not protected." 145. The Headman shall, so far as he lawfully can, prevent the destruction of any boundary or survey-mark in his villagetract, and whenever he becomes aware that any such boundary or survey-mark has been destroyed, injured, or altered, shall report the injury or alteration immediately to the officer in charge of the nearest police-station or to the nearest Magistrate. 146. The Headman shall cause all permanent survey-marks in his village-tract to be protected by having mounds of earth built over them. The mounds of earth should be 3 or 4 feet high and have a wooden stake, 4 or 5 feet in length, passing

PAGE 29

Section 8 (1) (i), Vi1lago Act. ( through the centre of the mound. A trench should be dug round the bottom of the mound, thusWoodrn post. Trench. Mark. The Headman shall cause these mounds to be built by the residents of the village-tract who cultivate the fields in the vicinity of the mark thereby protected, or, in the case of marks situated away from cultivation, by such of the residents as he may choose. CHAPTER XI. COLLECTION OF REVENUE. r47. Every Headman is bound to collect or aid in collecting revenue and other money due to Government from residents of the village-tract and persons holding land therein ; but the re111aining paragraphs of this Chapter are concerned only with Headmen who, not being under any Circle Thugyz', are directly concerned in the collection of revenue. r48. Such Headmen collect the land revenue and the capitation-tax and salt license fees, and, if the Deputy Commissioner so directs, fishery revenue, fees for mineral licenses, and income-tax. Headmen receive commission on such collections at rates fixed by the Local Government. r49. Every revenue-collecting Headman shall give such security for the honest discharge of his duties as the Deputy Commissioner may require. The security given by Headmen shall ordinarily be that of the residents of their respective village-tracts or the mutual guarantee of other revenue-collect ing Headmen (not being less than five), unless the Financial Commissioner permits other security to be given.

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( 27 ) 150. The Headman will be supplied by the Township -Officer with a list (Form No. XVII) of the lands assessed to .revenue in his village-tract and with a tax-ticket (revenue receipt) for each cultivator from whom he is to collect land ,revenue. In this tax-ticket the total amount to be collected is shown clearlyin words and figures, and the Headman shall not collect more than this amount, nor shall he alter the taxticket in any way. 151. Each tax-ticket is in two parts, The end foil is the .receipt signed by the Deputy Commissioner, and the inner foil is the memorandum to be kept by the Headman. 152. The Headman, as soon as he has received the revenue receipts from the Township Officer, shall proceed to collect .the revenue, tendering the receipt to the person from whom .revenue is demanded and calling upon him to pay the amount mentioned in the receipt. Land revenue may be demanded from any person who has been in possession of the land at any time during the year from I st July to 30th June, or from any tenant .or mortgagee who has been in occupation under him. 153. When the revenue is not paid on the first demand, the Headman shall prepare the notice of demand. The Headman must sign all such notices and serve them in person, or by such other person as he may employ, on the person named therein. If such person cannot be found in the village-tract the Headman must serve the notice on the person (if any) in occupation of the land, and shall also publish it for ten clays by fixing copies upon the wall or door of the Headman's house or other conspicuous building in the villag;e where the person resides, and upon the wall or door of the house in which the person liable last resided, or upon the land assessed, in case .such person does not Ii ve in the village-tract. 154. When the Headman has received payment of the sum due, he shall countersign and date the receipt issued by the Deputy Commissioner and deliver it to the person paying the .amount. He must also enter the date of payment in the memo randum and in the last column of the list (Form No. XVII). 155. When a Headman issues notices of demand, he shall -enter in the memorandum the amount due from each person: the date on which he served or published the notice of dernand, and the amount paid and date of payment. If afterwards the Headman finds it necessary to institute proceedings for the recovery of arrears of revenue, he shall produce this memo-randum before the Township Officer. • 156. When a Headman is unable to realize the amount -0 revenue due from a defaulter within ten days of the date on

PAGE 31

( 28 ) which the notice of demand was served or was published in the village-tract, he will apply to the Township Officer for execution for the recovery of the amount of arrears, and in his application shall give the following particulars, which are i~dicated on a printed form of which copies will be supplied to h1m:-(a) his own name and that of the defaulter; (b) the date of expiry of the notice issued; (c) the amount of revenue due; (d) the name of the person against whom execution is sought; (e) the mode in which the assistance of_the Township Officer to whom he is applying is required, i.e., whether he wishes the person named in (rl)to be arrested and imprisoned, or his property other than land to be attached, or both, or his holding to be attached and sold ; (/) whether the defaulter has the status of a landholder~ or is a grantee, or is merely in possession of Government land. (This information he should obtain from tpe Revenue Surveyor.) 157. When the land of a defaulter is being sold by auction the Headman shall attend at the auction, and may buy in the land on behalf of Government if the highest bid falls short of the amount of arrear and costs. 158. When a defaulter has no right of transfer in his land, the Headman shall, when required to do so by the Township Officer or Subdivisional Officer, read a proclamation on the land to the effect that the land has been taken possession of by Government. 159. The Headman shall prepare, or cause to be prepared, the capitation-tax assessment-roll, but whether he prepares the roll himself or gets some one else toprepare it, he is responsible for its accuracy. He must not apply for aid to the Revenue Surveyor, who is forbidden to assist him. The roll must be prepared in Form No. X, which wi11 be supplied to the Headman and must be in duplicate. The name of every man .above 18 years of age who is living in or visiting the village-tract at e time must be entered in the roll. 160. The following classes of persons are exempted from payment of capitation-tax, whether they have exemption tickets or [Jot:-(a) Government servants and Government pensioners. (b) Honorary Magistrates.

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(c) Headmen. (d) Ministers, priests, and teachers of religion. (e) Persons 'who are assessed to income-tax. (/) Persons who are 60 years of age and over. . 161. The following classes of persons are exempted only if they have obtained exemption tickets. If they have not exemption tickets they must be assessed:-(a) Sc~oolmasters exempted by the Deputy Commis• s10ner. (b) Persons who have no property or means of paying the tax and who are unable to work. (c) Travellers from beyond Lower Burma. (d) Persons specially exempted by the Deputy Commis sioner for good service. (e) Immigrants who have not been more than two years in Burma. (/) Persons who are in prison when the rolls are prepared and who have no property or means of paying the tax. 162. The Headman shall submit the capitation-tax assess~ ment-roll to the Township Officer not later than the I st August in each year. When the rolls have been signed by the Deputy Commissioner, one copy wi.th the tax-tickets will be returned by the Township Officer to the Headman, and this copy will be kept by the Headman for use when preparing the roll of the following year. :J<53. When the Headman has received the tax-tickets frorn the Township Officer, he shall proceed to collect the revenue in the same way as laid down for the collection of land revenue. The Headman has the same powers for the recovery of an arrear of capitation-tax as for the recovery of an arrear of land revenue, except that proceedings cannot be taken against the land of the defaulter. IQ4. Headmen will be supplied with tax-tickets in which no name.s are entered for the collection of capitation-tax from persons who come to the village-tract after the roll has been sent in and who have not paid the tax. When such a person arrives, the Headman will enter his name in a supplementary assessment-roll prepared in the same way as the first roll. He will then enter the name in the receipt and at once proceed to collect the tax. The Headman shall without delay submit the supplementary roll with the amount collected to the Town ship Officer and shall, on a date fixed by the Deputy Commis sioner, return to the Township Officer all the blank tickets still in his possession. 3

PAGE 33

( jo 165. Fishery lessees are ordinarily required to pay their fishery instalments into the Treasury or Treasure-chest as the amounts fall due, but if the Headm~n is required to collect the rents of leased fisheries he will be informed by the Township Officer of the amount due from each lessee and the date on which it falls due, and must demand the amount from the lessee on that date. If the lessee pays the sum due, the Headman will at once pay.An the amount to the Township Officer and will give to the lessee the receipt granted by the Treasury. If the lessee refuses to pay, the Headman shall at once inform the Township Officer. 166. The Headman must submit to the Township Officer before the 1st July in each year a list of the persons who have applied to him for licenses for fishing implements, and will enter in the list the kind of implement each person requires and the amount received by the Headman from the applicant. The Township Officer will give the licenses to the Headman, who will give them to the applicants, and if any person has paid more than is due for a license the Headman must repay the amount paid in excess. If any persons apply for licenses after 1 st July, the Head man may require them to apply direct to the Township Officer. 167. When the Headman is required to collect fees for licenses to work minerals, he will be informed by the Township Officer of the amounts due and the persons from whom the fees are to be collected. On receipt of the fees, the Headman must enter the amount received and date of payment on the back of the license form, and must pay in the amount collected to the Township Officer. 168. Salt-boilers ordinarily pay their revenue dues direct to the Township Officer, but in village-tracts in which the manufacture of salt is permitted the Headman will be supplied by the Township Officer with a list of the persons to whom licenses have been granted and the amount to be collected from each person. The Headman, when receiving the instalment due, will enter on the back of the license form the amount paid and date of payment with his signature. The Headman must at once report to the Township Officer every case in which he finds a person manufacturing salt without a license or in which he finds that a licensee is using larger pots or cauldrons or a greater num~er of them than the license permits. 169. Headmen must give such assistance as the Collector may require in the preparation of Income-tax assessment rolls

PAGE 34

( 31 ) in village-tracts in which the tax is assessed. When the rolls have been prepared, the Headman will be supplied with tax receipts for the collection of tax . CHAPTER XII. EXCISE AND OPIUM. 170. All Headmen are Excise Officers. Those whose remuneration is not less than Rs. 1 20 a year exercise enlarged powers. Each Headman should have an appointment order as Excise Officer, showing whether he exercises these enlarged powers or not. The duties of Headmen under the Excise and Opium Acts are described below. 171. Headmen are empowered to enter and inspect at any ,, time, by day or by "night, the shop or premises in which any manufacturer or vendor licensed under the Excise Act carries on the manufacture or the sale of coun~ry spirits or the sale of country fermented liquor. 172. Headmen may stop and detain any person carrying any spirit manufactured at an unlicensed distillery ; or any spirit or fermented liquor removed from any licensed distillery without payment of duty ; or any spirit or fermented liquor manufactured at any place beyond the limits of British India on which duty has not been paid; or any country spirits in excess of one reputed quart bottle; or any country fermented liquor or tar in excess of four reputed quart bottles, unless such person produces a pass signed by the Collector, Subdivisional Officer, or Township Officer; ~r any opium or morphia in excess of the weight allowed by law;* or any opium or morphia which the person possessing it has bought from any person other than a licensed vendor ; or any cocaine which the person possessing it has not bought under a medical prescription from a licensed vendor; or any ganja or other intoxicating drug,t and may seize such smuggled spirit, liquor, tar, opium, or drug, together with any vessels, packages, or covering in which it is contained, and any animals, and conveyances used in carrying it, and may arrest the persons in whose possession such spirit, liquor, tari, opium or drug is found; and may also arrest any other persons in the company of the person in whose possession illicit opium is found. * See paragraph 179. t Yeast (selon) used in making seinye or rice-beer is not an intoxicating drug.

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( 3~ ) 173. If any Headman has reason to believe from personal knowledge or from information given by any person, and taken down in writing, that opium is manufactured, or that illicit opium is kept or concealed in any building, vessel, or enclosed place, he may, without a warrant, between sunrise and sunset, enter into any such building, vessel, or place, and may, in case of resistance, break_ open any door and remove any obstacle to such entry and seize any such opium and all materials used in the manufacture thereof, and any other thing which he has reason t9 believe to be liable to confiscation under any law in force relating to opium, and detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to be guilty of any offence relating to such opium. 174. * Searches for unlawfully manufactured or concealed spirituous and fermented liquors and intoxicating drugs t liable to confiscation under the Excise Act may, in likt: manner, be made by any Headman whose annual remuneration is not less than Rs. 120 upon information given by any person and taken down in writing that spirit or fermented liquor is unlawfully manufactured or concealed in any house, vessel, or enclosed place, and the Headman may arrest the occupant or other persons concerned in the manufacture or keeping or concealing such spirit or fermented liquor, and may seize and carry away such spirit, liquor, or other article liable to confiscation under the Excise Act. All searches under this rule must be made in the presence of an officer of police in receipt of a monthly salary of at least Rs. 1 o. 175. Before making any search for illicit opium, the Headman shall call on two or more respectable inhabitants of the locality in which the place to be searched is situate to attend and witness the search. The search shall be made in their pre sence, and a list of all things seized in the course of such search, and of the places in which they were respectively found, shall be prepared by the Headman and signed by such witnesses; but no person witnessing a search under this rule shall be required to attend the Court as a witness of the search unless specially summoned by the Court. The occupant of the place searched, or some person on his behalf, shall be permitted to attend during the search, and a copy of the list prepared under this rule, signed by the said witness, shall be delivered to such occupant or person at his request. * This paragraph does not apply to Headmen who, though invested with powers under sections 35 and 36 of the Excise Act, have an annual remuneration of less than Rs. 120, t Yeast (selon) used in making seinye or rice-beer is not an intoxicating drug.

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( 3:3 ) 176. All Police and Revenue Officers are required to aid Headmen in the due execution of their duties under the Excise and Opium Acts upon request made by Headmen. 177. Whenever a Headman arrests any person, or seizes any article liable to confiscation, or enters any place for the purpose of searching for su~h ~rticle, he shall (within 48 hours in opium cases or 24 hours m liquor cases) make a full report of all the particulars of such arrest, seizure or search to the Township Officer. In opium cases the Headman shall forward every person arrested and everything seized without delay to the officer in charge of the nearest police-station. In liquor cases the Headman shall forward every person arrested and every thing seized without delay to the Township Officer, or shall take them to the officer in charge of the nearest police-station and request him to forward them to the Township Officer. 178. When any Burman whose name is oh the register of opium consumers dies, the Headman must report the death to the Township Officer. i79. The rule about possession of opium and morphia is as follows :-Any person may possess, if bought from a doctor, and if intended for medicine only, not more than 5 seers of poppy heads, 3 tolas of opium, 5 grains avoirdupois of morphia, or 6 tolas of a medical preparation of opium other than morphia. Any non-Bunt\an or registered Burman may possess for his own consumptio!1 3 tolas of opium which he has bought from the Licensed retail vendor at the shop shown on his consumer's ticket. Whei1 two or more consumers are assembled for the purpose of smoking opium, the aggregate quantity of opium possessed by all the members of the party shall not exceed 5 tolas. A holder of a pass for transport or import may possess-up to the quantity of opium shown in the pass. A traveller of distinction from the Shan States or Karenni or a country outside of India may poss~ss Shan ot foreign but not Government opium for the personal use of himself and his attendants and not for sale or barter in any quantity not exceeding 5 tolas for each person according to the order of the Deputy Commissioner. A holder of a special license granted by the Deputy Com missioner may possess up to the quantity of opium shown in the special license. Pharmacists, doctors, and tattooers have special privileges. They are required to have licenses in which their privileges are specified.

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( 34 } CHAPTER XIII. FAMINE AND SCARCITY. 180. The following are the rules about the duties of Headmen in times of scarcity and famine. 181. On the occurrence of any serious failure of crops or of food-supply in any village-tract, the Headman shall make an immediate report to the Township Officer. This report should specially notice the general condition of the people and the existence of any abnormal distress or mortality. 182. When a District or part of a District has been declared to be affected by scarcity, and orders to take action under the Famine Code have been issued, Headmen, as a rule, will be appointed " local officers " of the village-tracts (hereinafter called '' local area ") under their charge, and will receive printed appointment orders. 183. The duties of a Headman appointed " local officer" are as follows :-(a) to prepare a correct register of persons. residing in the local area who, from their circumstances, are likely to require gratuitous relief, and to submit this register to the Township Officer or other Ci_rcl_e Inspector appointed by the Deputy Comm1ss10ner; (b) to prepare and submit through the Circle Inspector weekly a list of the number of persons by sex and age who have died during the week within the local area, and to state in each case whether death has resulted from ordinary natural causes or directly or indirectly from want or poverty of food ; (c) to distribute personally within the local area in his charge gratuitous relief under the orders and control of the Circle Inspector; (d) to give sufficient food and shelter to all starving wanderers who come within the local area under his charge, and to send them to the nearest relief work when they or any of them are fit to be moved; (e) to report to the Circle Inspector the name of every person whose name has been entered in the register prepared under (a), and who from any cause has become disentitled to receive gratuitous relief. 184. When a Headman is not himself appointed a '' local officer/' he shall assist the person so appointed for the local

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( 35 ) area in which his village-tract is situated m all the matters dealt with in (a) to (e) above. CHAPTER XIV. BOOKS, ETC., TO BE KEPT BY HEADMEN, 185. The Headman must keep the following books and documents, which will be supplied to him by the Deputy Commissioner :-( 1) Appointment Order as Headman; (2) Appointment Order as Excise Officer. (3) The Lower Burma Headman's Manual. (4) Summary of the Stamp Law. {S) Villagers' Memorandum of Forest Law. (6) Register of Cases. (7) Books of Receipts for stores supplied to officers on tour. (8) Register of Births. (9) Register of Deaths. (10) Register of Deaths of Cattle. ( 11) Register of Police Officers' Visits. (12) Rules for resisting attack on villages, if prescribed. (13) Register of Strangers' Visits, if prescribed . ( r 4) File of Deputy Commissioner's Orders. Besides the above, Headmen who collect revenue must keep the following:-( 15) Revenue Form No. X. (16) Revenue Form No. XVI. (17) Revenue Form No. XIX. Besides the books and documents numbered I to 14, Headmen who are empowered to try civil suits must keep the following register :-{ 18) Account of Fees in Civil Suits. 186. A Headman is also required to keep in his custody a Para ,_aph duplicate of the Vaccinator's Register. The Headman is t:;J~~uresponsible for the safe custody of the register, and will produce ai. it when asked for by the vaccinator or inspecting officer visiting his village-tract, but will not be required to perform any duties in connection with the register and is not allowed to make any entries in it. Deputy Commissioners may supply, free of charge, copies of the Lower Burma Land and Revenue Manual to the better ' educated revenue-collecting Headmen who wish for copies. Printed by order of the Government of Burma, 6, B, C, P, 0,-No. SS8~ 9 (a), U,1-500-H, R, M,