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The Upper Burma headman's manual

Material Information

Title:
The Upper Burma headman's manual
Creator:
Burma
Place of Publication:
Rangoon
Publisher:
Office of the Superintendent, Government Printing
Publication Date:
Language:
English
Edition:
4th ed.
Physical Description:
32 p. : ;

Subjects

Subjects / Keywords:
Local government -- Handbooks, manuals, etc -- Burma ( lcsh )
Colonies -- Administration -- Burma ( lcsh )
Genre:
government publication ( marcgt )
non-fiction ( marcgt )
Spatial Coverage:
Asia -- Myanmar

Notes

General Note:
Cover title-page bears the date 1913, while the internal title-page bears the date 1912.

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Source Institution:
SOAS, University of London
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
590696 ( aleph )
OCM45851164 ( oclc )
GB352 /516987 ( soas classmark )
Classification:
GB352 ( ddc )

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Full Text
THE
UPPER BURMA HEADMAN'S
MANUAL
FOURTH EDITION
RANGOON
OFFICE OF THE SUPERINTENDENT, GOVERNMENT PRINTING, BURMA
1912


LIST OF AGENTS
for THE
- SALE OF GOVERNMENT PUBLICATIONS.
In India :
Thack.br, Spink 8c Co., Calcutta and Simla.
W. Newman & Co., Calcutta.
Thacker & Co., Bombay.
Higginbotham & Co., Madras.
Superintendent, American Baptist Mission Press, Rangoon.
* D. B. Taraporevala & Sons sc Co., 103, Meadow Street, Fort Bombay.
Butterworth 8c Co. (India), Ltd., 8-2, Hastings Street, Calcutta.
In England:
Henry S. King & Co., 65, Cornhill E.C., London.
Constablb & Co., 10, Orange Street, Leicester Square, W. C.
Kegan Paul, Trench, Trubner & Co., 6874, Carter Lane, E. C.
Bernard Quaritch, ii, Grafton Street, New Bond Street, W.
p. S. King & Son, 2 & 4, Great Smith Street, Westminster, London, W. S.
Grindlay k Co., 54, Parliament Street, S. W.
T. Fisher Unwin, i, Adelphi Terrace, London, W. C.
b. H. Blackwell, 50 & 51, Broad Street, Oxford.
Dbighton Bell & Co., Cambridge.
W. Thacker & Co., 2, Creed Lane, London, E. C.
Luzac & Co., 4.6, Great Russell Street, London, W. C,
Oliver and Boyd, Tweeddale Court, Edinburgh.
E. Ponsonby, Limited, 116, Grafton Street, Dublin.
On the Continent :-
R. Friedlander & 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.
*For the sale of o.P.claJ publications excluding those of th; Legislative Department of the Govern-
ment of Burma*


TABLE OF CONTENTS.
page
Chapter I.Appointment and privileges of Headmen I
'Chatter 11.General duties and liabilities of Headmen a
Chapter III.Criminal and Civil powers of Headmen 5
Chapter IV.General duties and liabilities of the residents of a village- 10
tract
Chaftbr V.Public Nuisances and Sanitation; Prevention of fires ;
Slaughter of cattle ... ... ... 13
Chapter VI.Registration of births and deaths of human beings 16
Chapter VII.Contagious or infectious diseases 17
Chapter VIII.Residence in village-tracts; erection o( houses ... ao
Chapter IX.Duties of Headmen concerning land within the village-
tract ... ... ... ... ... ai
Chapter X.Collection of Revenue 25
Chaptbr XI.Excise and Opium a7
Chapter XII.Famine and Scarcity ... 30
Chapter XIII.Books, etc., to be kept by Headmen 31


THE UPPER BURMA HEADMAN'S MANUAL
CHAPTER I.
Appointment and Privileges of Headmen.
1. The Headman is appointed by he Deputy Commissioner, sy^j*
and receives an appointment order under the Deputy Commis-
sioner's signature. The area under him, which includes the Art-
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 Durbars held in their
Districts by the Lieutenant-Governor. Manual.
3. Headmen do not receive fixed salaries. When they p-,
collect the revenue of the village-tract or a fine inflicted on the ^^
residents of the village-tract under the Village Act, or charges
imposed on the village-tract on account of the cost of punitive
police quartered therein, 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- Lands are in certain cases allotted revenue-free to Head- i^Kf-
men as thugyisa in virtue of their office when their ordinary
emoluments are considered insufficient or it is desired to improve m-6-
their status. Except for special reasons the area of thugyisa
land granted to one Headman may not exceed 25 acres. Aliena-
tions of thugyisa land by mortgage or sale are not permissible.
6. Every Headman is entitled to carry a silver-mounted da, |raa"js
and selected Headmen are also entitled to have a red umbrella vin"gde81"
carried before them as the insignia of their office. Only Head- Manu3t
men selected by the Deputy Commissioner will be entitled to
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.
'7. In appointing a new Headman, special weight is attached
to hereditary claims. Mm>ai.
8. In all Municipal and Government schools the sons or
jnale heirs of Headmen who are too poor to pay fees are Ma"01-


( 2 )
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.
If a village-tract includes more than one village, the Headman may, subject to the approval of the Deputy Commis-
Manuai. sioner, appoint for each village a person to be his agent. This
person shall be called ywagaung. The ywaganng has not the
powers of a Headman. He is subordinate to the Headman, and
is bound to perform all the duties imposed on the villagers under
the Village Act and to assist the Headman in the execution o£
his public duties.
A Myothugyi controls Headmen in his jurisdiction and
responsible for their good conduct. They are subordinate
to him and bound to obey his lawful orders.
CHAPTER II.
General Duties and Liabilities of Headmen.
The Headman is personally responsible for the perform-
ance of the duties imposed on him, and must reside within his
village-tract.
12. The Headman must without delay communicate inform-
Acf,ee 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 ;
(Jb) if any person known or sus'pecled 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 Commis-
sioner may order the Headman to report ;
(,d) if any sudden, unnatural, or suspicious death occurs
in the village-tract, and


( 3 )
(e) regarding any matter likely to affect the maintenance
of order or the prevention of crime or the safety of
person or property respecting which the Deputy
Commissioner may direct him to communicate
information.
13. The Headman must enquire into any of the above-mentioned offences committed in his village-tract, and must
search for and arrest any person whom he has reason to Act.
believe to have been concerned in the commission or attempted
commission of any of those offences.
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.
14. He may search for and arrest
(1) 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.
He may also arrest any person who commits an offence section s
punishable under section 510 of the Indian Penal Code (Mis- lag'eAcu
conduct in public by a drunken person).
15. He must without delav send to the nearest police-station sections
111 1 I
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.
16. Whenever a person's name is entered in the Police
Surveillance Register, 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. 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.
17. 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


K 4 )
to any police-officer visiting the village-tract all the information
obtained by him,
T,he Headman must supply any local information
>.v| required by Magistrate or police-ioflii^er.
He must assist all Government officers in execution of
.their duties.
19. The Headman must resist any unlawful attack on any within his village-tract, and he must take such measures and
"8* execute such works for the protection of the village or villages
in his village-tract as the Deputy Commissioner may direct.
20. Where a village is fenced, the headman should
see that the fence is of good height and depth and properly
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 biHet'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.
Headman must keep open communications between
iaBe Act. the village or villages within his tract and adjacent villages or
towns in such way as the' Deputy Commissioner may direct.
He must collect and furnish, upon receipt of payment
in advance at rates fixed by the Deputy Commissioner, guides,
food, carriage, and means of transport for troops or police
Manual. p0Sted 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 counterfoil.
The Headman is not bound to collect supplies beyond the
limits of his viljage-tract. Nor is he bound to furnish carriage
or means of transport for more than twelve hours' journey from
the village-tract unless ordered by the Deputy Commissioner
in the public interest, in which case the Deputy Commissioner
will fix higher rates of payment than the rates of payment for
journeys of twelve hours or less.
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.
Bectton8 23. If so directed by a Magistrate or by an Embankment
tillage Officer, or by any person authorized by such officer, he must
A,u furnish labourers for making or repairing roads, embankments,
or other public works.


( 5 )
24. The Headman is bound, when required, to give information to Military Officers in command of posts or of parties or columns or travelling on duty.
dated ihe
9th De-
cember
1908.
' 2g. He is also bound to report to the nearest Civil Officer
the establishment of any cutch-boiling camp in or near his village-tract.
ib.ted the
9th De-
cember
1908.
26. Any Headman who neglects his duties or abuses his
powers may be fined up to Rs. 50, or suspended for not more Act-
than six months, or removed or dismissed, by the Deputy
Commisioner
.27. A Headman may absent himself from his village-tract 87
on his private business for a period not exceeding seven days
on his own responsibility. He should leave a suitable person in Maimal-
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.
28. 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 yillage-tract during the Headman's absence.
29. Leave of absence for more than one month may be
granted only by the Deputy Commissioner.
30. 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.
31, The Headman may try persons who commit any of the
following offences in his village-tract, if a complaint is made to
him within eight days after the offence has been committed :
(a) assault;
(£>) theft of property worth not more than Rs. 5 ;


( 6 )
(e) mischief where the damage caused does not exceed
Rs. 5;
(d) criminal trespass ;
Depart- (e) insult calculated to provoke breaches of the peace
(section 504, Indian Penal Code); and
dated if) doing obscene acts or singing, reciting or uttering
December ' obscene songs, ballads or words in a public place
(section 294, Indian Penal Code);
(g) misconduct in public by a drunken person (section:
510, Indian Penal Code).
See also paragraph 131.
1909.
32- 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.
Powers and Procedure of Headmen with Special
Criminal Powers.
sections 33. A Headman specially empowered by the Commissioner
may, on complaint, also try cases of theft or mischief when
the 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,
section 9 34- At every trial before a Headman both the complainant
must be present.
section If the accused intentionally omits to attend when summoned
Indian 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.The Headman may pay the whole or any part of the
complainant as compensation.
GeneralThe Headman must give a written receipt for all fines paid
Departation
No. 464,
dated the
9th De-
cember
1908.


( 7 )
36. 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 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.
37- The Headman must enter particulars of every case Rule a in
which he tries in a register supplied for the purpose by the Deputy Commissioner.
No. 454,
dated the
9th De-
cember
1908.
''38. The place where persons ordered to be confined by sections
the Headman are to be kept is prescribed by the Deputy Com--
missioner.
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 Manual,
passed and there is a jail or police-station within a day's jour-
ney of the village, it will generally be convenient that the jailor
police-station should be used. In such cases the Headman
should use the form of warrant prescribed for the purpose, of
which copies will be supplied to him by the Deputy Commis-
sioner.
j
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.
39. Fines imposed, unless paid away in compensation, must Paragraph
be paid to the Township Officer, who will give a receipt for iage
them. All receipts given by the Township Officer must be
pasted into the last page of the Headman's Register of Cases
referred to in paragraph 37.
Powers and Procedure of Headmen empowered to try
Civil Stiits.
40. A Headman specially empowered by the Commissioner sectionmay try civil cases, provided that the plaintiff and the defendant or, if there are more than one plaintiff or more than one
defendant, all the plaintiffs and all the defendants live within


( 8 )
his village-tract. The value of the suit must not exceed
'R'S. so. The classes f cases which he may try will 'be inti-
mated to the Headman. They are usually suits for
(i) money or moveable .property ;
(ii) matrimonial suits ;
(in) suits for damages on account of actionable wrongs.
"S?vir.6 41- A fee is paid to the Headman on institution at the
lag Act. following rate :
Rs. a. p.
If the value of the su is Rs. 10 or less ... i o o
If the value of the suit is more than Rs. 10, and not
more than Rs 15 ... ... ,,, 180
If the value of'the suit is more than Rs. 15 ... 2 o o
If the suit is a matrimonial suit or otherwise not
capable of valuation ... ... ... 200
No other fees must be paid except the execution fee under
paragraph 49.
D^art- 42- The plaintiff may begin his suit either by making.an
Notifies- ora' complaint, to be reduced to writing by or under the orders
noD463 Headman, or by presentation of a written plaint.
dated the
9th De-
cember
43- 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 defen-
dant, if he wishes to dispute the claim, to appear with his
witnesses at the time and place fixed. He shall also inform
the plaintiff of the date so fixed.
44. At the time and place fixed the Headman shall pro-
ceed to hear and try the case. He shall examine the parties
and their witnesses and deliver judgment.
45. 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.
46. 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 or for any other reasonable
cause.
47. 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 success-
ful party for the purposes of the suit, provided that the total


( 9 )
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.
48. bf the plaintiff does not appear at the time and place
fixed,.fche'Headman shall dismiss the suit, antess for any reason-
able cause be thinks proper tso 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.
49. 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
Headman shall record a brief note of any action taken by him
under this rule and shall file it with the record of the suit.
50. 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.
51. 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.
52 The Headman shall keep an account of all fees in the
form prescribed for the purpose.
53- This account, together with the records of all suits tried
by the Headman during the month under section 6, shall,


( IO )
provided that the judgment has been satisfied, be sent to the
Township Officer not later than the 20th of the following
monthProvided 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.
54- 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, to refund' the institution fee, and to recommend
the plaintiff to file a suit in a Civil Court.
Depirti 55. The decision of a Headman in a Civil suit is subject
Nwifica- to revision by the Township Officer.
-feion No.
149, dated
the 14th
July 1809.
CHAPTER IV.
General Duties and Liabilities of the Residents
of a Village-tract.
Sectiou 11 56- Every person residing in a village-tract is bound to
VnilgV' communicate to the Headman any information which he may
obtain respecting the commission of, or attempt or intention
to commit, within the village-tract, any of the following
offences, namely :
(a) homicide;
(b) dacoity ;
(1c) 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 V7. He must take such measures as may be prescribed
(). Vil- *Jf
lge Act. tor-
(i) the registration of births, deaths and vital statistics,
see Chapter VI below ;
(ii) the prevention of public nuisances, see Chapter V
below ;
(iii) the cure or prevention of the spreading of any con-
tagious or infectious disease among human beings


( )
and domestic animals of any kind, see Chapter VII
below;
(iv) the prevention and extinction of fires, see Chapter V
below;
(v) the general sanitation of the village-tract, see
Chapter V below ; and
(vi) the regulation of the slaughter of cattle, see
Chapter V below.
58. He is bound, 011 the requisition of the Headman, to f^vXge
assist him in the execution of his public duties. Act>
59. When employed under the orders of the Headman in i^vii-11
watching his village at night, he is allowed to go armed with MEa^al.
a spear.
60. Any person residing in a village-tract who, va'ag"13"
without reasonable excuse, refuses or neglects to per- Act-
form the public duties imposed on him, or to assist
the Headman in his public duties when so required, is liable,
by order of the Headman, to a fine not exceeding Rs. 5,
or to confinement 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.
61. The Deputy Commissioner may fine the residents of Sectio
a village-tract aa'^.vu.
lagt Act.
(a) if they assist, harbour, or fail to take all reasonable
means to prevent the escape of any criminal ;
(3) 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 ;
(1d) 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
residents 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 any of the above cases, instead of fining the village-
tract, the Lieutenant-Governor may increase the thathameda
t)r land revenue.


C M )
fw^iiagi 62. The law as regards stolen property {racked to 3l
Manual.. village-tract is based on the following pas-sage from the
Manukyfc Dhamrnathafc (Volume fV, 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 I 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
ascertained, 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, thepeople-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-markleave the village. If they do not show the place by which they left
the village, they should be caused to replace them."
iiSu5!ph' 63. 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.
SSX* 64. It is the duty of the Headman and the residents of any
Manual, 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.
5"§)7Jh 65- When the Township Officer enquires into- a ease irn
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.
66. When a fine has been levied, the residents may get the
whole, or part of it back if they succeed in recovering the
vrnage1' cattle or in tracing the thieves.
Manual. Compensation is ordinarily given to the owner of the stolen
cattle, but generally not more than half the value of the cattle
is paid. The limitation is to make people careful and encour-
age them to try to find their cattle and trace 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.
sivmage 67. No person may hold a pwb in a village-tract without the
General* permission of the Deputy Commissioner or an officer appointed
ment for this purpose by the Deputy Commissioner.
tN Pwes include theatrical or dramatic performances, and cart,
the9thed pony, boat and similar races held for public entertainment,
December ^^ except in certain Townships which have been specially
notified, payapwes, pongyibyans and circuses.


( 13 )
CHAPTER V.
Public Nuisances and Sanitation ; Prevention of
Firks ; Slaughter of Cattle.
Duties of the Residents and the Headman of a Village-tract
in respect of Public Nuisances and Sanitation.
68. No person residing in a village-tract shall allow any g^^
house or land occupied by him to be kept in a filthy or in- ESffica,
sanitary condition, or overgrown with weeds or rank vegetation. ^"".Sti
69. No person residing in a village-tract shall allow any b^JJ,
corpse of a hujnan being, unless embalmed or enclosed in an 1908'
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.
70. 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.
71. 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 place other than a burial-
ground set apart by the Headman.
72. 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.
73. No person residing in a village-tract shall build any new
house in any village-tract with in so feet of the front or back or
6 feet of the side of any existing house. .
74. The Headman shall require residents of the village-
tract to carry out the provisions of the preceding ruies.
75- The Headman shall set apart one or more places in
each village-tract as burial grounds.
76. The Headman shall cause to be removed immediately
from any canal, tank or other source of water-supply within


( H )
the limits of his village-tract the dead body of any animal found
therein, and shall cau^e the same to be buried.
77- The Headman shall set apart in each village under his
control one or more wells for drinking purposes, and shall
cause to be constructed round each well a parapet 2 feet high,
and shall not allow bathing or washing of clothes within 20
yards of any such well, and shall not allow the ground within
ad yards of such well to be defiled by filth, rubbish or otherwise.
If the water-supply is from tanks, the Headman shall reserve
one tank for drinking purposes only, shall keep clean the banks
thereof, and shall not allow bathing, washing of clothes or
watering of cattle therein.
78. The Headman shall cause the villagers to undertake
annually such measures for the maintenance of and the removal
of silt from all drinking-water t inks 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.
79. In the case of villages which are situated near the
bank of a river or stream, the Headman shall, as far as
possible, keep the foreshore free from houses up to a distance
of 40 feet from the bank. He shall require all houses here-
after 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.
80. The Headman shall see that all latrines in each village
under his control are screened by a sufficient roof and wall
from the view of passers-by or persons residing in the neigh-
bourhood.
81. 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.
82. 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 Residents and the Headman of a Village-
tract in respect of the Prevention of Fires.
83. Each house-owner or occupier in a village shall main-
tain two hooked bamboos, two fire-beaters, and as many pots
filled with water as there are front posts of his house.
84. The Headmajn shall see that fires or lights are no-
ignited, handled, or used in any village under his control in


( i5 )
.such a manner as to be dangerous to life or property. In
Teally 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 Residents of a Village-tract in respect of
the Slaughter of Cattle.
85. In these rules, the term cattle includes sheep, goats gepISi
-and swine, as well as horned cattle. "Sis,.
86. The Deputy Commissioner may provide a slaughter- 337^
house in any village-tract for the slaughter of all or any speci- ^mb
fied kinds of cattle, and may grant a lease for such slaughter- ,9n-
house in the form prescribed for the purpose.
87. The lessee shall post up a notice in the prescribed form
in a conspicuous place outside the slaughter-house, in such
language or languages as are likely to be understood by per-
sons bringing cattle for slaughter.
88. When a slaughter-house for all or any kinds of cattle
has been provided for any village-tract under paragraph 86 or
has been provided under the Burma Municipal Act, 1898, for a
Municipal or notified area under that Act 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 such cattle or
cause such cattle to be slaughtered otherwise than at the
slaughter-house: and no person residing in a village-tract shall
sell or expose for sale the flesh of any cattle slaughtered in
contravention of the provisions of this rule.
89. Unless the Deputy Commissioner otherwise directs, all
animals intended for slaughter at a slaughter-house shall be
exposed for at least four days in the pound or bazaar named in
the notice mentioned in paragraph 87. After that period they
shall be brought before the Sub-Assistant Surgeon or Sub-
Inspector of Police named in the notice for examination between
the hours of 8 and 12 a.m. If passed, they shall be slaughtered
the same day between the hours of 3 and 6 p.m. and the hides
of the animals shall be exposed at the slaughter-house until
6 p.m. of the following day.
90. Before cattle are slaughtered in a slaughter-house the
prescribed fee shall be paid or tendered to the lessee,, and the
person bringing the cattle shall inform the lessee of his name
and residence and of the name and residence of the owner ol?
the cattle.


( i6 )
91. The lessee is required to keep up a register of slaugh-^
tered animals in the prescribed form and to show it, or, demand,
to the headman of the village-tract in which the slaughter-
house lies.
CHAPTER VI.
Registration of Births and Deaths of
Human beings.
Duties of the Headman and the Residents of a Village-tract
in respect of the Registration of Births and Deaths
of Human Beings.
Dlp"ti 9?- Every birth and death occurring in the village-tract
mentNoti- shall be reported to the Headman bv the owner of the house
ficatlon . ...r . , .J
datedlh'e w"10*1 ^ ccurs> or it the owner is absent or unable to report,
cemto ^ *-he 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.
93. 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 Che Act.
94. On the occurrence of a birth within his village-tract the
Headman shall record it, or cause it to be recorded, in a coun-
terfoil register to be maintained by him in the form supplied by
the Deputy Commissioner.
95. On the occurrence of a death within his village-tract the
Headman shall record it, or cause it to be recorded, in a coun-
terfoil register to be main ained by him in the form supplied by
the Deputy Commissioner.
Disposal of Registration Records.
96. 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 Headman shall retain the books
containing the counterfoils as part of the village records.
97. 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,;


( i7 )
and shall make the necessary arrangements to ensure the foils
being safely delivered to the police if they should call during his
absence.
98. Each counterfoil register issued for the Headman's 6a"vfutge<
use will bear a serial number given in the Township Office. MauusJ-
The Headman will enter this number on the face of each foil
filled in by him.
99. Every village is visited at least once a month by a police-
graphs SI
officer, who receives and takes away all foils on which births ^?la660e'
and deaths have been recorded since his last visit. The police- Manual-
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 bis name and rank.
100. The counterfoil registers of births and deaths shall be 8p"vgu"5
kept by Headmen for one year after the date of the entry on Manual-
the last page, and may then be destroyed.
101. The Headman must produce his registers for inspec- gr|rpah"s71
tion when required to do so by any Government officer. But v"1}^ 3
he will not be required to produce his registers elsewhere than ManuaI'
in his village-tract.
CHAPTER VII.
Contagious or Infectious Diseases.
Contagious or Infectious Disease among Human Beings.
102. No person residing in a village-tract shall keep the Gene"/"
corpse of a human being who has died of cholera, small-pox, meEt"*
unusual fever accompanied by glandular swellings, or other "uNo."
infectious or contagious disease, for more than six hours t4"'aihed
unburied or uncremated in any house or land occupied by him. ?9M.mbcr
103. The Headman shall at once send a report to the i5,"J'18A'
Township Officer, or to the Subdivisional Officer or to 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.
104. The Headman of a village-tract which is not infected Bep^t'
with cholera, small-pox or plague may forbid and take all NoSsca-
reasonable means to prevent the entrance into his village- w/date'a
tract of any person (other than a Government Officer on duty) j^'iy
who comes from an area infected with cholera, small-pox or N9o.0i39d
plague for a period of ten days from the date on which he left bv
the infected area. 1909,


( i8 )
I
1908.
105. If any person comes from an area infected with
cholera or small-pox into the village-tract in spite of a prohi-
bition by the Headman under paragraph 104, the Headman
may take all reasonable means to expect him.
Depart I06. If any person suffering from cholera or small-pox be
rS"ia. found within a village-tract, the Headman may require him to
S0, remove to and remain within certain specified limits within the-
tract until he recovers.
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.
eEoJt-" IO8, In these rules
Notifica (1) Cattle and animal mean kine, buffaloes, sheep
bo,WS and goats, and such other beasts* as the Comiriis-
December sioner 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 diseasef which the Commissioner may from
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 outbreak 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 anv con-
tagious or infectious disease among his cattle, shall (a keep the
dis^ased cattle in a place apart from all other cattle and distant
from the places whither the other cattle usually resort; (6) 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.
* In the Upper and Lower Chindwin Districts, ponies have been declared to be
cattle or animals for the purposes of these rules.
f In the Upper and Lower Chindwin Districts '' Hemorrhagic Septicaemia"
has been declared to be a disease for the purposes of these rules.


( 19 )
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 j 12,
unless and until other places are set apart for the purpose
by the Deputy Commissioner or other officer appointed by him j
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 Township
Officer, or to the Subdivisional Officer or Deputy Commissioner
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 se: apart therein places for diseased cattle, and,
if the disease be rinderpest, places for cattle which have been
in the same h^rd with diseased cattle; (i) cause tne place or
places so set apart to be enclosed ; or (4) if no waste land or
grazing-ground is available for an enclosure, state the fact in
his report.
113. The Headman, after making the report presrribed in
Rule 11 ?., and after receiving an order directing an examination
of the village catile, shall cause all cattle- wners in the village-
tract to bring th ,'ir cattle for the inspection of the officer
appointed by the Deputy Commissioner, Township Officer or
Subdivisional Officer to examine them, to such place as the
examining officer may direct. lie shall give such officer all
reasonable assistance in the inspection. He shall be careful
that the diseased cattle are notheidid 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 Sul divisional 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 catile, 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
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.


( 20 )
115. The Headman of any village-tract in which contagious
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.
ii7- 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
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 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
roads or grazing-grounds, zayats, etc., or such other public
places as he thinks fit.
CHAPTER VIII.
Residence in Village-tracts ; Erection of Houses.
Residence in Village-tracts.
section 120. If a stranger comes to a village-tract, either he himself
Mjvuiag. person jn whose house he stays must report his name,


( 21 )
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 Headman
must keep in a book, which will be supplied to him, a list of all.
strangers arriving at and leaving his village-tract.
O O O O
121. Any person who disobeys the rules in paragraph 120 ^"y^J^p
is punishable by a Magistrate. If no prosecution is instituted a
before a Magistrate, the Headman may, within eight days of the
commission of the offence, take cognizance of it whether upon
receipt of information that it has been committed or upon
his own knowledge or suspicion. The procedure will be the
same as that laid down in paragraph 32, except that there will
be no fee. The punishment the Headman may inflict is the
same as that prescribed in paragraph 32.
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, vniage '
in the village-tract without the Headman's permission. If he
does so, he is punishable by a Magistrate but not by the
Headman.
123. No person may, without the permission of the Deputy v-^18
Commissioner, establish a new village or group of houses, Act-
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 Com-
missioner.
CHAPTER IX.
Duties of Headmen concerning Land
within the Village-tract.
Supervision of Public Lands.
124. The Headman shall examine all the boundary marks LandRw-
r 11 -r- 1 1 -li eIme
ox regularly notified grazing-grounds in his yillage-tract once a "a.
year after the monsoon, and report their condition to the Town-
ship Officer at the same time as he submits his report regarding
permanent survey-marks under paragraph 134. When a graz-
ing ground is situated in several village-tracts, a section of the
boundary line will be allotted to each Headman by the Subdivi-
sional Officer. If during the year the Headman finds that any


( 22 )
one has encroached and will not give up the land when called3
upon to do so he should at once report the case to the Town-
ship Officer.
125. 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.
Postings and Publications of Notices.
126. The Headman shall, when required, affix to his house,,
or to the notice-board of the village-tract where there is one,
such notices as the Deputy Commissioner may issue and
should draw the attention of the villagers to each new notice
as it is posted and explain its purport to ihem.
127. The Headman is required to sign the report of the
Revenue Surveyor or District Surveyor on the condition of the
land for which a grant is required, and should ^dd any remarks
he wishes to make.
128. 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
Ywagaung's houses 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, Settlement and Land Records Work.
vugi7, 129. Headmen are neither required nor permitted to survey-
Manual. the Janc]s jn the|r village-tracts.
130. When Settlement operations are in progress Head-
men are required to turnish settlement officials with all avail-
able information about lands and crops in their village-tract.
They are also required to collect villagers for the reaping of
selected fields and for general settlement enquiries. Headmen
have also to see that cultivators accompany the Settlement
officials over thek-wii.s when lands are being classified or other
field work is being done.
131. The Headman is in no way subordinate to the
Revenue 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 or
checking the map or revenue-roll of his village-tract. After
the surveyor has collected materials for the assessment
roll and before he leaves the village, the Headman will assem-
ble the cultivators and will see that the Surveyor reads out and
explains the entries in his Register.
132. The Headman shall cause the residents of his village-
tract to attend when Revenue Officers come round to check
survev work.
j
133. The Headman is required to protect all permanent
boundary marks and survey marks. On completion of survey
the Boundary or Survey Officer points out on the ground to
the Headman, the position of every permanent boundary or
survey mark within the village-tract and delivers to the Head-
man a map and statement showing the number, kind and posi-
tion of the marks. After the Headman has satisfied himself
that every mark specified in the statement has actually been
laid down he shall sign and return one copy of the statement.
134- The Headman shall inspect each permanent boundary
and survey mark within the village-tract once a year, in Nov-
ember or December, and shall report its condition to the
Township Officer in the following form.
Lands Records 29.
Headman s Report on permanent survey marks in his charge.
November
December
..........................................................Township
.................. ......................................Charge
................................................Headman's Name
Residence
Number of permanent survey-marks in the Headman's custody ¥1
Number of marks inspected as required by rule
Number of marks protected and in good condition
Number of marks lost, broken or unprotected ...
Position of marks lost, broken or unprotectedt * t
* To be filled in by Superintendent of Land Records before issue of form,
f Enter in the blank space below a description of the marks e.g., mark in
Maung Ni's paddy land not found. Mark on the west of Maung Pyu's garden is
broken. Mark in the jungle to the south of the village is unprotected.


( 24 )
135- 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
purvey 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.
136. The Headman shall cause all permanent survey-marks
in the village-tract to be protected by having mounds of earth
or cairns of stones built over them. The mounds of earth or
cairns of stones should ba 3 or 4 feet high and have a wooden
stake, 4 or 5 feet in length, passing through the centre of the
mound or cairn. A trench should be dug round the bottom
of the mound, thus
The Headman shall cause these mounds or cairns to be
built by the residents of the village-tract who cultivate the
fields in the vicinity of the mark to be protected, or, in the
case of marks situated away from cultivation, by such of the
residents as he mav choose.
When previously erected mounds are found to be damaged
they must be renewed without delay. If procurable, a few
ismall thorny branches should be placed over every mound to
prevent damage by cattle.
137- The Headman shall every year prepare a return of the
agricultural stock in his village-tract. The Headman will count
the stock on the 15th waning of Tabaung. He will record the
figures in forms furnished by the Land Records Officials who
will collect the forms when the statements have been com-
pleted.


( )
CHAPTER X.
Collection of Revenue.
138. Every Headman is bound to collect or aid in collect- sec
ing revenue and other money due to Government from residents vii^V
of the village-tract and persons holding land therein. Revenue Art"
collections should not be kept in the Headman's possession any
longer than can be helped.
139. The Headman shall, when required to do so by the
Deputy Commissioner, enquire into and report upon the
damage to crops in respect of which remission of revenue is
applied for.
140. The Headman shall, when required to do so, make
arrangements for cutting and threshing the crop on any land
and for weighing the grain with a view to estimating the
capabilities of the soil.
141. The Headman collects the Land Revenue and thatha-
meda and receives commission at rates fixed by the Financial
Commissioner. In some village-tracts the Headman also
collects the irrigation rate and gets commission thereon.
Land Revenue.
142. The Headman collects all land-revenue and fruit-tree
assessments due from his village-tract. He will receive tax-
receipts in Form L. R. IIIU. B. Receipt 4 from the Deputy
Commissioner's office, and when he has not prepared the assess-
ment-roll himself he will also receive a list of the persons from
whom revenue is due and the amount due from each, and will
be informed of the date on which the revenue is to be paid to
the Township Officer.
143. The Headman will proceed to collect the amount due
from each person according to the above list, and on payment
by any person of the amount due by him the Headman will fill in
and give to him a receipt in Form L. R. IllU. B. Receipt 4.
144. In vil'age-tracts where the revenue on land or toddy
trees is a fixed sum for the whole kwtn or village the Head-'
man and thamadis are required to distribute the revenue
amongst the villagers and collect the amount due. They will-
distribute the demand so that each person contributes a share
of the whole corresponding to the profits made by that person
during the year from the land or trees assessed.
The Headman will prepare an assessment roll showing the
names of the persons assessed and the amounts paid.


( 29 )
145- When any person has failed to pay the revenue due
by him on or before the date fixed for the payment of such
revenue, the Headman shall at once report to the Township
Offi cer the name of the person from whom the revenue is due
and the amount and kind of revenue due.
146. If a defaulter afterwards pays the revenue due from
him together with the costs in the case, the Headman shall at
once inform the Township Officer of the payment and shall set
at liberty the defaulter, if he has been arrested..
Thathameda.
147- Every year, on or before such date as the Deputy
Commissioner may fix, the Headman shall prepare a list of all
the households in his village-tract in Form L. R. IU. B.
Misc. Roll 2, and shall submit the list to the Township Officer.
After the list has been checked by the Township Officer
and Subdivisional Officer it will be submitted to the Deputy
Commissioner, and will then be returned to the Headman,
who will be informed by the Deputy Commissioner of the
-total amount due from the village-tract.
148. The Headman and thamadis shall thereupon fix the
amount payable by each household. The Headman shall enter
-the amount against each household in column 7 (b) of Form
L. R. IU. B. Misc. Roll 2, and shall also publish in the
village-tract a list showing the amount due by each person.
149. When this list has been published, the Headmao
shall proceed to collect the amount due from each household,
and shall give a receipt in Form L. R. IIIty. B. Receipt I
on payment by any person of the amount due from him. The
Headman shall also enter the payment in column 8 of Form
L. R. LU. B. Misc. Roll 2.
150. The Headman will be informed by the Township
Officer of the date on or before which the thathameda must be
paid, and when any person has failed to pay before that
date the Headman shall report to the Township Officer as
directed in paragraph 145. If the defaulter afterwards pays
the thathameda and costs, the Headman will inforrr the Town-
ship Officer as in the case of land revenue (paragraph 146).'
Salt Revenue.
Direction jgj^ -p^g Headman collects instalments of Salt composition
-8, Burma
Manual, duty as they fall due.


( 27 )
Fishery Revenue.
152. The Headman must submit to the Township Officer or
other officer authorized to issue licenses for fish-catching imple-
ments, before September in each year, a list of persons who
have applied to him for licenses to use such implements. The
Headman will later on hand over the licenses to, and receive
the proper fees from, the applicants.
Minerals.
153. If a 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 shall enter the
amount received and date of payment on the back of the license
and pay the amount collected into the Sub-treasury. He shall
report to the Township Officer the names of persons whom he
believes to be extracting or about to extract without a license,
during the course of the year, minerals for which licenses are
.necessary,
CHAPTER XL
'Excise and Opium.
I54. 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 no.t. The duties of Headmen under the Excise and
Opium Acts are described below.
155- 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 or intoxicating drugs.
156. 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


( 28 )
excess of one reputed quart bottle, or any country fermented1
liquor or tari in excess of four reputed quart bottles, unless
such person produces a pass signed by the Collector, Sub-
divisional 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 hr person other than a licensed vendor; or any cocaine which the
person possessing it has not bought under a medical prescrip-
tion from a licensed vendor ; or any ganja or other intoxicating
drugf; and may seize such smuggled spirit, liquor, tarii 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.
157. If any Headman has reason to believe from personal
knowledge or f-rom 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.
158. 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
of 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.
* See paragraph. 162. ... 1
t Yeast {seldn) used in making seinye or rice-beer is not'an intoxicating drug.


( 39 )
159 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
presence, 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 wit-
nesses ; 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.
160. 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.
161. 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
everything 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.
162. The rule about possession of opium and morphia
is as follows :
Any person may possess, if bought from a licensed doctor,
and if intended for medicine only, not. more than five seers of
poppyheads, three tolas of opium, five grains avoirdupois of
morphia or six tolas of a medical preparation of opium other
than morphia. Any non-Burman or (in Lower Burma) any regis-
tered Burman may possess for his own consumption three tolas
of opium which he has bought from the licensed retail vendor at
the shop shown on his consumer's ticket.
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


( 30 )
not Government opium for the personal use of himself and his
attendants and not for sale or barter in any quantity not
exceeding five tolas for each person according to the order of
the Deputy Commissioner.
A holder of a special license granted by the Deputy
Commissioner may possess opium up to the quantity shewn in
the special license.
Pharmacists, doctors, and tattooers have special privileges.
They are required to have licenses in which their privileges are
specified.
163. In certain tracts the cultivation of the poppy is
permitted, and there are special rules about possession of
poppy-heads and opium.
CHAPTER XII.
Famine and Scarcity.
164. The following are the rules about the duties of Head-
men in times of scarcity and famine.
165. When serious failure of crops or of food supply
impends, 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.
166. 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.
167. The duties of a Headman appointed "local officer"
are as follows :
() 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 Commissioner ;
() 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;


( 3* )
(c) to distribute personally within the local area in hi is
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;
(ie) 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.
168. When a Headman is not himself appointed a local
officer," he shall assist the person so appointed for the local
area in which his village-tract is situated in all the matters
dealt with in (a) to (e) above.
CHAPTER XIII.
Books, etc., to be kept by Headmen.
169. 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 Upper Burma Headman's Manual.
(4) Abridgment of the Laws relating to Stamps.
(5) Villagers' Memorandum of Forest Law.
(6 Register of Cases.
(7) Register of Births.
(8) Rules for resisting attack on villages, if prescribed.
(9) Register of Deaths.
(10) Register of Police Officers' Visits.
(11) Books of Receipts for stores supplied to officers on
tour.
(12) Register of Strangers' Visits, if prescribed.
(13) Registers of Transfers.
(14) File of Deputy Commissioner's Orders.
Besides the books and documents numbered 114, Head-
men who are empowered to try civil suits must keep the
following register:
(15) Account of Fees in Civil Suits.


( 32 )
l.vfiiale 170. A Headman is also required to keep in his custody a
muai. duplicate of the Vaccinator's Register. The Headman is
responsible for the safe custody of the register, and will produce
it when asked for by the vaccinator or inspecting officer visiting
the 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 chargp, copies
of the Upper Burma Land Revenue Manual to the better
educated Headmen who wish for copies.
Printed by order of the Government of Burma
G. B. C. P. ONo. 38, C. Sec;, 9 (a)^ 2-l.'lftl3400 S,T, N.


Full Text

PAGE 1

THE I ),; .,, i UPPER BURMA H.EADMAN'S Mi\NUAL FOURTH EDITION p' RANGOON OFFICE OF THE SUPERINTENDENT, GOVERNMENT PRINTING, BURMA 191~

PAGE 2

LIST OF AGENTS FOR THS SALE OF GOVERNMENT PUBLICATIONS. IN INDIA: THACKER, SPINK & Co., Calcutta and Simla. W. NEWMAN & Co., Calcutta. THACKER & Co., 13ombay. HIGGINBOTHAM & Co., MADRAS, SUPERINTENDENT, AMERICAN BAPTIST MISSION PRESS, Rangoon. D. B. TAR.\POREVALA & SoNS & Co., 103, Meadow Street, Fort Bombay. BUTTERWORTH & Co. ([NDIA), LTD., 8-2, Hastings Street, Calcutta. IN ENGLAND: HENRY S. KING & Co., 65, Cornhill E.C., London. CoNSTABLB & Co., 10, Orange Street, Leicester Square, VI/. C. KEGAN PAUL, TRENCH, TauBNER & Co., 68-74, Carter Lane, E. C. BBRNARO QUARITCH, n, Grafton Street, New Bond Street, W. P. S. KING & SoN, 2 & 4, Great Smith Street, Westminster, London, W. S. GRINDLAY & Co., 54, Parliament Street, S. W. T. FISHER UNWIN, 1, 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. LuzAc & Co., 46, Great Russell Street, London, W. C. OLIVER AND BOYD, Tweeddale Court, Edinburgh, E. PoNSONBY, Limited, u6, Grafton Street, Dublin. ON THE CONTINENT: R. FRIEDLANDER & SOHN, II, Carlstrasse, Berlin, Germany. OTTO HARRASSOWITZ, Leipzig, Germany. KARL W. HIERSEMANN, Leipzig, Germany. ERNBST LEROUX, 28, Rue Bonaparte, Paris, France. MARTINUS NIJHOPP, The Hague, Holland. For the sale of o,f:clal pnolication exclnding those of th, Le,:is lative Department of the Govern meut of Burma,

PAGE 3

TABLE OF CONTENTS. PAG& -'CHAPTll!.R. I .-Appointment and privileges of Headmen I 'CH~PT.Ell 11.-General duties and liabilities of Headmen 2 CHAPT&R 111.-Criminal and Civil powers of Headmen 5 CHAPTIIR IV.-General duties and liabilities of the residents of a village 10 tract CBAPTBR V .-Public Nuisances and Sanitation; Prevention of li.res ; Slaughter of cattle 13 CHAPTER VI.-Registration of births and deaths of human beings 16 CHAPTER VIL-Contagious or infectious diseases CHAPTER VIII.-Residence in village-tracts; erection o! h9uses 20 CHAPTBR IX.-Duties of Headmen concerning land within the village-tract 21 CHAPTER X.-Collection of Revenue ::z5 CHAPTER XL-Excise and Opium 27 CHAPTER XII.-Famine and Scarcity CHAPTER XIII.-Books, etc., to be kept by Headmen 30 31

PAGE 4

THE UPPER BURMA HEADMAN'S MANUAL.. CHAPTER I. APPOINTMENT AND PRIVILEGES OF HEADMEN. I. The Headman r-s appointed by the Deputy Commission~r, ~~::~4. .and receives an appointment order under the Deputy Comm1s{fl1fTI .. (S)_ sioner's signature. The area under him, which includes the Act~gc lands belonging to the village or villages under his control, is known as a village-tract. The Deputy Commissioner wiH inform :the Headman as to the limits of his viUage-kact if there is any doubt. 2. Headmen are entitled to attend Durbars held in their ~"'t"ii?! :Districts by the Lieutenant-Governor. J11;nna1.11: 3. Headmen do not receive fixed salaries. When they Parah g .... I col!ect the reven~e of the village-tract or ::1fine infhcted on the ::i11~. ~es1dents of the village-tract under the Village Act, or cha~ges rJ!!,~:,. imposed on the village-tract on account of the cost of pumtive police quartered therein, they receive a commission on the amount collected They are not entitled to pension. 4. Any remuneration r-eceived by a Headman is not liable to t~~c:. attachment by a Civii Court and cannot be assigned by the Headman to any one else. 5. Lands are in certain cases a.Hotted revenue-free to HeadLaa
PAGE 5

Para 11:raphs 2&-16, Village Manual, Parasaph 11, Village Maaul PaJG.grapla IJ, Village 1\111.aaL Stclio f, v;na,c Act. ( 2 ) 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. 9. If a village-tract includes more than one village, the Head~an may, subject to the approval of the Deputy Commis sioner, appoint for each village a person to be his agent. This. person shall be called ywagaung. The ywagaung has not the powers of a Headman. He is subordinate to the Headman, and is bound to perform all the duties imposed on the villagers under the Village Act and to assist the Headman in the execution of his public duties. IOt A Myothugyz" controls Headmen in his jurisdiction and is responsible for their good conduct. They are subordinate to him and bound to obey his lawful orders. CHAPTER II. GRNERAL DUTIES AND LIABILITIES OF HEADMEN. I I. The Headman is personally responsible for the performance of the duties imposed on him, and must reside within his village-tract. 12. The Headman must without delay communicate inform 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 villagetract; ( b) if any person known or suspec Led 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 Commis sioner may order the Headman to report; (d) if any sudden, unnatural, or suspicious death occurs. in the village-tract, and

PAGE 6

( 3 ) (e) regarding any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the Deputy Commissioner may direct him to communicate information. IJ. The Headman must enquire into any of the abovesections d ff d h' 'JJ d (J)(a),(&) mentione c ences comm1tte m 1s v1 age-tract, an must a'!d ,.,. Village search for and arrest any person whom he has reason to Act. believe to have been concerned in the commission or attempted commission of any of those offences. 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. 14. He ma}' search for and arrestRu:eua General ( 1) any person known or believed to be concerned in an Depart ff f h h J' h ment o ence or w 1c a po 1ee-officer may arrest wit out f;101ifica lion No, warrant 460,date4 ( ) h . h' . h the 9th 2 any person avmg 111 IS posseSSIOn Wit out excuse an December I f h b k' 1908 imp ement o ouserea mg; ( 3) any proclaimed offender; (4) any person in possession of stolen property and s uspected 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. He may also arrest any person who commits an offence Section 11 punishable under section 510 of the Indian Penal Code (Mis f!f;!~"i. conduct in public by a drunken person). 15. He must without delay send to the nearest police-station section~ h h h I I (I) ld), Vd any one w om e as arrested and any weapon or ot 1er art1c e 1age Att. required as evidence. He should inform the beat constable of all serious offences. 16. Whenever a person's name is enter~d in the Police Paragr!!_ph S R h ffi h f h ]' 152A, Vii. urve1 ance eg1ster, t e o cer m c arge o t e po 1ce-stat10n 1age will communicate full particulars to the Headman of the village~ Manual. 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. 17. 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

PAGE 7

J:9 ~-l)Y pc;>lice-o_ffi.c~r.vi_siti.ng th~ Yillag~tract all the iriformation 9J>t~in~d 1;>y him. "ct1on a J.S. T.h:e H1::adman must s1,1nnly g.ny. local information IJ(ll and l'!l" m>, Vil r;eq.l,lir<:ld ,by 1\1:agi~trat~ .or p ol,i~ofer.. 311:e Act, He must assist all Government offic.e,-~ 1~Q execution of .t4eir dut~e~. Beql~n ,8 J9. The H:eadm~iB m1,1s,t resist any ,u.wawfuJ attp~k 9n any ,viL-1)(,) aliil tn. vulage within his village.-tract, and he must t~k~ ;5uch mea~.ures and ac Alt, execl.lte s_<;:.h ~orks or the protec~ion pf the village or villc1ges in his village-tract as the D~p,1;1ty -Commissiw~er :mq.y .dirie~t. 20. Where :a. viijag.e i$ fer.iced, the he!!.dman should see that the fence is of good height and depth and properly strengthened h:)' poles :and .cross,pol.es, ancl that the gates are kept in good repair. He should see that kins are kept nightly, that the young men practise b:iUet .. throwingl\and that the residents of the v.illage-tract know what they have to do in case of an attack. He sfoould provide himself with a gong which can be heard all over the village. ~;~~;,t 21. The Headman must keep open communi.cations between race Act. the village or villages within his tract and adjacent villages or towns in such way as the Deputy Commissioner may direct. 8 22. He must collect and furnish~ upon receipt' of payment ~~f~i:;a,ain advance at rates fi:i:ced by th~ Deputy Commissioner, guides, fitr~!6 food, carriage, and means of transport for troops or police Manual, posted jn. or near or marching through his village-tr~ct, or for any Government servant travelling on duty, or, if so ordered by the Deputy Commissioner, for any traveller. Payment !:iho,uld be obtained on the form in counterfoil prescribed for the purpose : the fail should be given to the person making payment who should sign the counterfoil. The Headman is not bound to colJect supplies beyond the limits of his village-tract. Nor is he bound to furnish carriage or means of transport for more than twelve hours' journey from the village-tract unless ordered by the Deputy Commissioner in the public interest1 itJ which .case the Deputy Commissioner will fix high_er rates of payment .than the rates of payment for journeys of twelve _hours or less. He must npt call 01,1t for personal service people who are not 9 the labouring class or who are not accustomed to the work requirec;l. 1!1ento11e 23. If so directed by a Magistrate or by an Embankment elu~~~ Officer, or by any person authorized by such officer, he must "11 furnjsh labourers for making or repairing roads, embankment~, or pther public works.

PAGE 8

( 5 ) Z4. The Headman is bound, when required, fo give informa ~~'~!! in tion to Military Officers in command of posts or of parties or ~:~ftoti columns or travelling on duty. ~:.tts't, dated -the 9th De cember 190@, 25. He is also bound to report to the nearest Civil Officer ~~,! ; .. the establishment of any cutc'h-boiling camp in or near his ~::;01;. village-tract. ficati~n No.!M, cla.ted the 9th De -:e1T.bcr 1908. 26. Any Headman who neglects his duties or abuses his r0:t~fa, powers may be fined up to Rs. 50, or suspended for not more Act. than six: months~ or removed or dismissed, by the Deputy Commissioner . 27. A Headman may absent himself from his village-tract f:J;ii. ar on his privat~ business for a period not exceeding seven days v;i. on his own responsibility. He should leave a suitable person in ~1anua1. 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. 28. 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 ~he village-tract during the Headman's absence .29. Leave of absence for more than one month may be granted only by the Deputy Commissioner, 30. Ordinarily, except when a temporary substitute is furmally appqinted, a Headman shall not be absent from his village-tract during a revenue-collecting season unless his -revenue has been coHected and fully paid in. CHAPTER III. CRIMJNAJ.. A.ND CIVIL POWERS OF HEADMEN. Cri'min(l./ Powers of all H,admen. 31. The Headman may try persons who commit any of the following offences in his v1llage-tract, if a complaint is made to him within eight days after the offence has been committed:-(a) assault; (b) theft of property worth not more than Rs. 5 ; Stction 9 (1) ;,nd{~). Village Act.

PAGE 9

General Depart nent 'loti6ca :ion No. l48, dated he.9th )cce111ber ,908. Section 9 (3)and(91, Village Act. ( 6 ) (c) mischief where the damage caused does not exceed Rs. 5; (d) criminal trespass ; (e) insult calculated to provoke breaches of the peace (section 504, Indian Penal Code); and (f) doing obscene acts or singing, reciting or uttering obscene songs, ballads or words in a public place ( section 294, Indian Penal Code) ; (g) misconduct in public by a drunken person (section, 51 o, Indian Penal Code). See also paragraph Ii 1. 32. 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 ; J;>r 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. Powers and Procedure of Headmen with Specictl Crimt"nal Powers. Section o 33-A Headman specially empowered by the Commissioner l!~.vi1:t. may, on complaint, also try cases of theft or mischief when the 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 daJs ; or he may both fine and confine him to the above extent. ~rt'it9 A Headman specially empowered as above may take and iageAct. keep a fee of Rs. 2 from the complainant in each such case. section 9 34. At every trial before a Headman both the complainant ~~1:magc and accused must be present. section If the accused intentionally omits to attend when summoned ~!ian 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. 9 35. The Headman may pay the whole or any part of the Jage Act. fine to the complainant as compensation. The Headman must give a written receipt for all fines paid Depart-to hi ffi mentNotincation No.464, dated the Ith De cember 1908.

PAGE 10

( 7 ) 36. If the complainant arid accused agree, they may compound a case at any time before the Headman has decided it. If the accus~d 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. 37. The Headman must enter particulars of every case which he tries in a register supplied for the purpose by the Deputy Commissioner. Section 11 (6) and (10), vu . !age Act, Ruic 2 i11 Ga,1eral Depart ment Not! fication No. t&I, dated the 9th De ccmber 1908. '38. The place where persons ordered to be confined by sections th~ eadman are to be kept is prescribed by the Deputy Comm.a\W1-1as A~t. m1ss10ner. In remote villages and for all sentences for 24 hours or less Para-h H d 1 h l bi b 'Id' h I f graphsla' t e fi ea man s 8 ousehor ot 1er smta e m Ind~ 1s t e hp ace ? t~f1JJ; con nement. ut w en a sentence excee mg 24 ours IS Manual. passed a,~d there is a jail or police-station within a day's jour-ney 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 "'.'hich copies will be supplied to him by the Deputy Commis-s10ner. .J 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. 39. Fines imposed, unless paid away in compe9oation, must be paid to the Township Officer, who will give a receipt for them. All receipts given by the Township Officer must be pasted into the last page of the Headman's Register of Cases referred to in. paragraph 3 7. Powers and Procedure of Headmen empowered to try Civil Suits. Paragrapk 191, Vll !age Manna!. 40. A Headman specially empowered by the Commissioner sccu~n 11, may try ci\.'il cases, provided that the plaintiff and the d~fend-~~i:'11ag;e ant or, if there are more than one plaintiff or more than one defendant, all the plaintiffs and all the defendants live within

PAGE 11

Section 8 <>, Vil lase Act. Gcoeral Depart meqt Notifica lion No. 46.1, dated the :Sith De. cember 1908. ( 8 ) 'hu; ;village-tract. 'fhe value of the suit must not exceed 1R:s .20. The -classes :0f cases which he may try ,wm 1be inti imate.d to the Headman.. They .are usually suits for-(i) money or moyeable rproper:ty ; (ii) matrimonial suits ; (iii) suits for damages on account of actionable wrongs. 41. A fee is paid to the Headman on institution at the following rate :-Rs. A. P, If the value of the suit is Rs. I o or less I o o If the value of the suit is more than Rs. ro, and not more than Rs. 15 I 8 o If the value of"the suit is more than Rs. 15 2 o o If the suit is a matrimonial suit or otherwise not capable of valuation 2 o o No other fees must be paid except the execution fee under paragraph 49. 42. The plaintiff may begin his suit either .by making. an oral complaint, to be reduced to writing Ji>y or under the orders of the Headman, or by presentafion of a written plaint. 43. On the institution of a suit the Headman shall cause to be served on the defendant a written notice specifying the name o'f the plaintiff, the nature of the claim, and the time and place at which the suit will be tried, and directing the defen dant, if he wishes to dispute the claim, to appear with his witnesses at the time and place fixed. He shall also inform the plaintiff of the date so 1ixed. 44. At the time an.cl place fixed the Headman ,shall pro ceed to hear and try the case. He shall examine the parties and their witnesses and deliver judgment. 45, 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. 46. The Headman may adjourn the case from time to time, noting the dates of a
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( 9, ) costs:, im::luding thefee prescribed. by sect.icm 6, sub-section (4) of the Act, shall in n-o case eceed one-quarter of the vaTue of the suit. 48. hf, plaintiff does not appear at the time aml place fixed,. trlhe Head:man sha:U dismiss th1ie suit, mnless-f.or any reason able, cause he tfuink:s pr@ip~r tcr adjourn iiti. Similarly, if the defendant fails to appear, the Hea:
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General Depart znent Notifica ~on No. l!W, dated the lith July lVOS, JO ) 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 ca~e of any particular Headman, the Deputy Commissioner may direct that the account and records shall be submitted quarterly instead of monthly. 54. Whenever, after the institution of a suit before him, it appears to the Headman that the decision of the case involves difficult question of law, it shall be competent for him to stay proceedings, to refund the institution fee, and to recommend the plaintiff to file a suit in a Civil Court. 55. The decision of a Headman in a Civil suit 1s subject to revision by the Township Officer. CHAPTER IV. GENERAL DUTIES AND LIABILITIES OF THE RESIDENTS OF A VILLAGE-TRACT. sccuou 11 56. Every person residing in a village-tract is bound to t?i,!~~/bl, communicate to the Headman any information which he may Act. obtain respecting the commission of, or attempt or intention to commit, within the village-tract, any of the following offences, namely :-(a) homicide; (b) dacoity; (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 als0 bound to resist any unlawful attack made upon any village within the village-tract. section 11 57. He must take such measures as may be prescribed (,), Vilf la& Act. or-(i) the registration of births, deaths and vital statistics, see Chapte, VI below; (ii) the prevention of public nuisances, see Chapter V below; (iii) the cure or prevention of the spreading of any con tagious or infectious disease among human beings

PAGE 14

( I 1 ) and domestic animals of any kind, see Chapter VII below; (iv) the prevention and extinction of fires, see Chapter V below; (v) the general sanitation of the village-tract, see Chapter V below; and (vi) the regulation of the slaughter of cattle, see Chapter V below. 58. He is bound, on the requisition of the Headman, to .assist him in the execution of his public duties. 59. When employed under the orders of the Headman in watching his village at night, he is allowed to go armed with .a spear. 60. Any person residing in a village-tract who, without reasonable excuse, refuses or neglects to per form the public duties imposed on him, or to assist the Headman in his public duties when so required, is liable, by order of the Headman, to a fine not exceeding Rs. 5, or to confinement for a terin 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. 61. 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; tc) 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 residents 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 any of the above cases, instead of fining the villagetract, the Lieutenant-Governor may increase the thathameda tir land revenue. Scctioa 11 (d),ViUage Act. Paragrapll ISO, Vil lage Manual Scctionli3a Village Act. Sectio111 ].j, ll.an4 2~lltJ, Vil lagc Act.

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{ f'.l ) f1,'.~~!~~ 62. The law as regards stG!en p:ro~rty @racked to a, Manuai., village-tract is based on the following pas~a-g-e from the Manukye Dirammat&~ (Volume fV, gee'tfron :3') : Paragrap.11 lllO (,.), Village Manual. Paragraph IIIO (b), Village Manual, Paragraph 120 (d), Village ManuaJ, Para graph 117,120(g) and (h) and 191, Village Manual .. :Section 1!1, Village Act, and General Dcp:>er 1909. ,, 3rd'. The law by which the distrz'ct to wliz'ch the foot merrks of stole'it cattle are hacerl s'h'all he caused to male good the loss. Oh king r if any one's hoJ.'Ses~ buffaloes, or oxen be stolen, and the foot-marks are really traced to any district, that district rtray be sued r if the fact be not ascertained, 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, a:nd the owner shall trace their foot-marks into any village, thep~ople;?f the villcl!je and the thu-gyi, that, they may be' free from bfame, ought to go with fum and po,nt out the place where the foot-mark!t leave the village. If they do not show the place b}I whkh they left the village they should be caused to repface them." 63. It is the duty of the Headman and the residents of any village-tract from which cattle are stolen to follow up the track at once. The Headman should at the_ same tirne send prompt notice to the nea:rest police-station and' the police _should join the trackers without delay. 64. It is the duty of the Headman and the residents of any village-tract to which the tracks of stolen eattle are traced, to take up the track and endeavour to carry it beyond the limits, of their village-tract. 65. When the Township Officer enquir,es into-a-ease 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 rrot be fined. 66. When a fine has been levied, the residents may get the whole, or part of it back if they succeed in recovering the cattle or in tracing the thieves. Compensation is ordinarily given to the owner of the stolen, cattle, but generally not more than half the value of the cattle is paid. The limitation is t~make people careful an_d encour age them to try to find their cattle and trace 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. 67. 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, po11gyibyans and circuses.

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( 13 ) CHAPTER V. PUBLIC NUISANCES AND SANITATION i PREVENTION OF FIRES ; SLAUGHTER OF CATTLE. Duties ef the Resz"dents and the Headman of a Village-tracl in respect of Publz"c Nuisances and Santation. 68. No person residing in a village-tract shall allow any W;:: house or land occupied by him to be kept in a filthy or insanitary condition, or overgrown with weeds or rank vegetation. ~:{~a'::n 69. No person resicling in a village-tract shall allow any ~:ce:S corpse of a hwnan being, unless ~rnbalmed or enclosed in an i9os. airtight coffin, to be kept unburied or uncrernated for more than 48 hours in any house or land occupied by him without the special sanction ;n each case of the Deputy Commissioner, Civil Surgeon, Subdivisional Officer or Town ship Officer. Between the first day of November and last day of February inclusive, corpses may be kept unburied or uncremated for 7~ hours 70: 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. 71. 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 place other than a burial ground set apart by the Headman. 72. 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. Ce,;s-pits shall be closed periodically 73 No person residing in a village-tract shall build any new house in any village-tract within 20 feet of the front or back or 6 feet of the side of any existing house. 74. The Headman shall require residents of the villagetract to carry out the provisions of the preceding rules. 75. The Headman shall set apart one or more places in each village-tract as burial grounds . 76, The Headman shall cause to be removed immediately from any canal, tank or other source of water-supply within

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( 14 ) the limits of his village-tract the dead body of any animal found therein, and shall cau,-,e the same to be buried. 77. The Headman shall set apart in each village under his control one or more wells for drinking purposes, and shall .cause to be constructed round each well a parapet 2 feet high, and shall not allow bathing or washing of clothes within 20 yards of any such well, and shall not allow the ground within 20 yards of such wtll to be defiled by filth, rubbish or otherwise. If the water-supply is from tanks, the Headman shall reserve one tank for drinking purposes only, shall keep clean the banks thereof, and shall not allow bathing, washing of clothes or watering of cattle therein. 78. The Headman shall cause the villagers to undertake ,nnually such measures for the maintenance of and the removal of silt from all drinking-water t ,nks in his vil\~ge-tract which are not the property of private individuals as the Deputy Commissioner may, on the advice, if necessary, of the Executive Engineer, direct. 79. In the case of villages which are situated near the hank of a river or stream, the Headman shall, as far as possible, keep the foreshore free from houses up to a distance of 40 feet from the bank. He shall require all hous~s here.after built or rebuilt to face the bank of the river or stream, and shall not allow latrines to be erected between the hous~ and the bank of the river or stream. Bo. The Headman shall see that all latrines in each village .under his control are screened by a sufficient roof and wall from the view of passers-by or persons residing in the neigh bourhood. 81. 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. 82. 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 Residents and the Headman of a Vz"llagetract in respect of the Prevention of Fires. 83. 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. 84. The Headmatn shall see that fires or lights are no ignited, handled,. or used in any village under his control hi

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( 15 ) .fmch 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 Resi'dents of a Village-tract t'n respect of the Slaughter of Cattle. 85. In these rules the term cattle" includes sheep, goats .and swine, as well
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General Depart a,entNoti &cation No. i~7, dated the 8th De cember lQ~. ( 16 ) 9r. The lessee is required to keep up a register of slaughtered animals in the prescribed form and to show it, on demand, to the headman of the village-tract in which the slaughter house lies. CHAPTER VI. REGISTRATION OF BIRTHS AND DEATHS OF HU~IAN BEINGS. Dutes of the Headman and the Resi"dents of a Vllage-tracf n 1-espect of tfre Registratio1t cj Bz'rths and Deaths of Human Beings. 9? Every birth and death occurring in the village-tract shall be reported to the Headman by the owner of the house ii1 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. 93. 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 I 2 of fhe Act. 94. On th e occurrence of a birth within his village-tract the Headman shall record it, or cause it to be recorded, in a coun terfoil register to he maintained by him in the form supplied by the Deputy Commissioner. 95. On the occugence of a death within his village-tract the Headman shall record it, or cause it to be recorded, in a coun terfoil register to be main ained by him in the form supplied by the Deputy Commissioner. Disposal of Registration Records. 96. The Headman shall keep the foils on which entries have betn 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 Headman shall retain the books containing the counterfoils as part of the village records. 97. 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 son1e other responsible person,:

PAGE 20

( 17 arid shall make the necessary arrangements to ensure the foils being safely delivered to the police if they should call during his absence. 98, Each counterfoil register issued for the Headman's use will bear a serial number given in the Township Office. The Head man will enter this number on the face of each foil filled in by him. 99. Every village is visited at least once a month by a police officer, who receives and takes awav all foils on which births and deaths hav~ been fecorded since his last visit. The police officer enters the d1.te 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. 100. The counterfoil registers of births and deaths shall be kept by Headmen for one year after the d3.te of the entry on the last page, and may then be destroyed. 101. The Headman must produce hi:,; 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 fo his village-tract. CHAPTER VII. CONTAGIOUS OR INFECTIOUS DISEASES. Contagious or]nfectious Disease among Human Beings. 102. No person residing in a village-tract shall keep the corpse of a human being who has died of cholera, small-i:ox, 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. 103. The Headman shall at once send a report to the Township Officer, or to the Subdivisional Offic e r or to the Deputy Commissioner, if either of the two latter officers is nearer Para11raph 61, Village-. Mauual. Paragraphs 8i and 66, Village Manual, Paragrap\ 8f,ViJlags Manual, Para graphs 71 and 72, Village Manual, Rule17 ID General Department Notifica. lion No. t61, dated the 9th December 1908. Ru!e 18A, Ibid, than the Township Officer, of the occurrence of cholera, small-pox or any case of unusuar fever accompanied by glandular swellings within his village-tract. 104. The Headman of a village-tract which is not infected g~::~! with cholera, small-pox or plague may forbid and take all l!]~~i~careasonable means to prevent the entrance into his villageitd~~d tract of any person ( other than a Government Officer on duty) }~:~:1 who comes from an area infected with cholera, small-pox or J!?iim:4 plague for a period of ten days from the date on which he left the infected area. 1909,

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General Depart aent Notlft cation No, &t, dated the 26th January 1811. '-v~n~ Oeel!i"t ment Notifica tlon No. 110,da~ th~ ~l;h Oecembirr 1908. ( 18 ) 105. If any person comes from an area infected with cholera or small-pox into the village-tract in spite of a prohi~ bition by the Headman under paragraph 1041 the Headman may take all reasonable means to expect him. 106 .. If. any :person suffering from cholera or small-pox be found w1thm a village-tract1 the Headman may requir e him to remove to and remain within certain specified limits within thetract until he recovers. 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 lnfectz"(.)itS Disease among Cattle. I.OS. In these rules-( 1) "Cattle'' and "animal" mean kine, buffaloes, sheep and goats, and such other beasts* as the Comniis sioner 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 time to time ceclare to be contagious or infectious for the purposes of these rules. (3) Diseased means suffering from contagious or in ectious 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 outbreak of any contagious or infectious d isease 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 anv con tagious or infectious disease among his cattle, shall (a keep the dis.:ased cattle ir. a place apart from all other cattle and di5tant from the places whither the other cattle usually resort; (b) if the disease be rinderpest1 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. In the Upper and Lower Chindwin Districts, ponies have been declared to be cattle or animals for the purposes of these rules t In the Upper and Lower Chindwin Districts '' H;::emorrhagic Septic;::emia has been declared to be a disease for the purposes of these rules,

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( 19 ) III. 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 ~nder Rule 1121 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 phce or places set apart for diseased cattle. II2. A He;dman, on learning from the report of a Crtttle owner or otherwise of the bre;1king out of contagious or infectious disease in the vilh1ge-tract under his charge, shall ( 1) within :.4 hours send a written report of tht' fact to the Township Officer, or to the Sutdivisional Officer or Deputy Commissioner if either of these officers is neartr than the Township Officer ; p) if there is ,my \\'aste land or grazing-ground in the villagetract, at once se apart therein places for diseased cattle, and, if the disease be rinderpest, places for catlle whid1 have been in the sam.e !1Lrd with dis eased cattle; c~) cause the place or places 1,0 set apart to be enclosed ; or (4) if no waste land or grazing-ground is available for an enclosure, state the fact in his report. II3, The Headman, 3 fter making tht: r,_ port presr-ribed in Rule I r ?., and after receiving an ordt'r directing a11 examination of the village cattle, shall cause all cattJe-. wner s in the villagetract to bring tl1 ~ir cattle for the inspection of the (lfficer appointed by the Deputy Commissioner, Township Officer or Subdivisional Officer to examine them, to ~uch pl::ce as the examining officer may direct. I [ e shall give such officer all reasonable assistance in the inspection He shall be careful that the diseased cattle are not he,d, d together with the rest of the cattle a: the inspection. 114. The Hec1dman of any village-tract in which contagi,ms or infectious disease has broken out shall, on receiving orders from the Deputy Commissioner or Sul divisiunal Gfficer or Township Officer, set apart for diseastd cattle, or, if the disease be rir:derpest, for cattle which have been in the same herd with diseased cattle, such pliices as may b e 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 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.

PAGE 23

... ( 20 ) I IS, The Headman of any village-tract in which contagious or infectious disease has broken out shall1 on receiving orders from the Deputy Commissioner1 Subdivisional Officer or Township Officer1 require the cattle owners in the village-tract to make at their own expense such sheds, enclosures1 or other structures as are ordered for the proper isolation of diseased cattle. II6. In any village-tract in which contagious or infectious disease ha, broken out, the Headman shall cause all dung, hay, straw1 litter, refuse, or other thing which has been1 or which may have been1 in contact with a diseased animal, to be burnt by the cattle-owner. II7If a diseased animal dies in any village-tract in which contagirms or infectious disease has broken out1 the Headman shall order the owner of the dead animal to bury the carcase within I 2 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 surfdce 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. II8. The Headman shall from time to time proclaim in the village-tract that any cattle-owner or other person being bound to report the outbreak of contagious or inf ectiom 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 U11der section 1 2 of the Act. n9. As soon as the existence of contagious cattle-disease is reported or suspected, either in his village-tract, in neigh bouring village-trccts or grazing-grounds or amongst strange cattle passing through or near his charge1 the Headman shall cause notices proclaiming the fact to be affixed to trees on the roads or grazing-grounds, zayats, etc., or such other public places as he thinks fit. CHAPTER VIII. RESIDENCE IN VILLAGE-TRACTS ; ERECTION OF HOUSES. Resz'de,1ce z'n Vz'llage-tracts. Sei:ttn 120. If a stranger comes to a village-tract, either he himself ~~1 or the person in whose house he stays must report his name,

PAGE 24

( 21 ) ,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 deparLure 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 paragraph I 20 section i~ punishable by a Magistrate. If no prosecution is ~instituted fct~wage before a Magistrate, the Headman may, within eight days of the commission of the offence, take cognizance of it whether upon receipt of information that it has been committed or upon his own knowledge or suspicion. The procedure wili be the same as that laid down in paragraph 32, except that there will be no fee. The punishment the Headman may inflict is the same as that prescribed in paragraph 32. Erecton ef 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 Hei-ldman's permission. If he -does so, he is punishable by a Magistrate but not by the Headman. 123. No person may, without thepermission 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 -d'Yel!ing places with the permission of the ueputy Comm1ss10ner. CHAPTER IX. DUTIES OF HEADMEN CONCERNING LAND WITHIN THE VILLAGE-TRACT. Supervson of Publz"c Lands. 124. The Headman shall examine all the boundary marks -0 regularly notified grazing-grounds in his yillage-tract once a year after the monsoon, and report their condition to the Town:ship Officer at the same time as he submits his report regarding_ permanent survey-marks under paragraph I 34. When a grazing ground is situated in several village-tracts, a section of the boundary line will be allotted to each He3.dman by the Subdivi sional Officer. If during the year the Headman finds that any 5edlona 17 and191 Village Act. Sectlo11J8, Villar,e Act, LandRerenae Dlr. ectlon llS.

PAGE 25

l'ara. 107, Village Manual, ( 22 ) 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. 125. 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. Postings aud Publicatz'ons of Notices. 126. The Headman shall, when required, affix to his house,. or to the notice-board of the village-tract where there is one, such notices as the Deputy Commissioner may issue ~nd should draw the attention of the villagers to each new notice as it is posted and explain its purport to them. 127. The Headman is required to sign the report of the Revenue Surveyor or District Surveyor on the cond1tiun of the land for which a grant is required, and should c,dd any remarks he wishes to make. 128. The Headman shall, when' ordered by the Township Officer, c).Ffix 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 vi11ages or hamlets under h:s chargt>, on the Ywagaung's houses in such villages or h:.imlets. He sh_a]t return to the Township Officer one copy of any such notice with an endorsement showing how and when it was affixed. Survey, Settlement and Land Records Work. 129. H eadrnen are neither required nor permitted to survey the lands in their village-tracts. 130. V\ hen Settl;ment operations are in progress Headmen are required to furnish settlement officials with all avail able information about lands and cros in their village-tract. They are also required to collect villagers for the reaping of selected fields and for general settlement enquiries. Headmen: have also to see that cultivators accompany the Settlement officials over the kwi1,s when lands are being classined or other fieU work is being done. 131. The Headman is in no way subordinate to the Revenue Surveyor but he is bound to assist the Revenue Surveyor by causing the residentsof his village-tract to attend

PAGE 26

( ~3 ) upon the surveyor during the time the latter is preparing or checking the map or revenue-roll of his village-tract, After the survevor has collected materials for the asses~ment roll and before he leaves the village, the Headman will assem ble the cultivators and will see that the Sucveyor reads out and explains the entries in his Register. 132. The Heariman shall cause the residents of his village tract to attend when Revenue Officers come round to check survey work. 133. The Headman is required to protect all permanent boundary marks and survey marks. On corn pletion of survey the Boundary or Survey Officer points out on the ground to the .Headman, the position of every permanent boundary or survey mark ,-vithin the village-tract and delivers to the Headman a map and statement showing the number, kind and posi tion of the marks. After the Headman has satisfied himself that every mark specified in the statement has actually been laid down he shall sign and return one copy of the statement. 134. The Headman shall inspect each pernianent boundary and survey mark within the village-tract once a year, in Nov ember or December, and shall report its condition to the Township Officer in the following form. LANDS RECORDS 29, Headman's Repo-i,,t on permanent survey marks in Ms chargt. November December !9 .......................................................... Township ... .................................................... Charge ................................................ Headman's Name .......................................... Residence Number of permanent survey-marks in the Headman's custody Number of marks inspected as required by rule Number of marks protected and in good condition Number of marks lost, broken or unprotected ... Position of marks lost, broken or unprotectedt t To be filled in by Superintendent of Land Records before issue of form. t Enter in the blank space below a description of the marks e.![-, mark i_n Maung Ni's paddy land not found. Mark on the west of Maung Pyu s garden 1s broken, Mark in the jungle to the south of the village is unprotected.

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( 24 ) 135. 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 &urvey mark has been destroyed, injured, or altered, shall report the i,1jury or alteration immediately to the officer in charge of the nearest police-station or to the nearest Magistrate. 136. The Headmai1 shall cause all permanent survey-marks in the village-tract to be protected by having mounds of earth or cairns of stones built over them. The mounds of earth or cairns of stones should be 3 or 4 feet high and have a wooden !lake, 4 or 5 feet in length, passing through the centre of the mound or cairn. A trench should be dug round the bottom of the mound, thus-Mound of earth Surfaco I I Trench I I I I I I __ .,,,. Wooden Post or Cafrn of stones of ground Tr1iich Mark The Headman shall cause these mounds or cairns to be built by the residents of the Yillage-tract who cultivate the fields in the vicinity of the mark to be protected, or, in the case of mirks situated away from cultivation, by such of the residents as he mav choose. When previousiy erected mounds are found to be damaged they must be renewed without delay. If procurable, a few small thorny branches should be placed over every mound to prevent damage by cattle. 137. The Headman shall every year prepare a return of the agricultural stock in his village-tract. The Headman will count the stock on the 15th waning of Tabaung. He will record the figures in forms furnished by the Land Records Officials who will collect the forms when the statements have been com pleted.

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\ } CHAPTER X. COLLECTION OF REVENUE. 138. Every Headman is bound to collect or aicl in collect sectloat ing revenue and other money due to Government from residents ~M;; .. of the village-tract and persons holding land therein. Revenue Act. collections should not be kept in the Headman's possession any longer than can be helped. 139. The Headman shall, when required to do so by the Deputy Commissioner, enquire into and report upon the damage to crops in respect of which remission of revenue is applied for. 140. The Headman shall, when required to do so, make arrangements for cutting and threshing the crop on any land and for weighing the grain with a view to estimating the capabilities of the soil. 141. The Headman collects the Land Revenue and thatha rneda and receives commission at rates fixed by the Financial Commissioner. In some village-tracts the Headman also collects the irrigation rate and gets commission thereon. Land Revenue. 142. The Headman collects all land-revenue and fruit-tree assessments due from his village-tract. He will receive tax receipts in Form L. R. III--U. B. Receipt 4 from the Deputy Commissioner's office, and when he has not prepared the assess ment-roll himself he.will also receive a list of the persons from whom revenue is due and the amount due from each, and will be informed of the date on which the revenue is to be paid to the Towns hip Officer. 143. The Headman will proceed to collect the amount due from each person according to the above list, and on payment by any person of the a mount due by him the Headman will fill in' and give to him a receipt in Form L. R. III-U. B. Receipt 4. 144. In vil'age-tracts where the revenue on land or toddy frees is a fixed sum for the whole kwhz or village the Headman and t!zamadzs are required to distribute the revenue amongst the villagers and collect the amount due. They will distribute the demand so that each person contributes a share of the whole corresponding to the profits made by that person during the year from the land or trees assessed. The Headman will prepare an assessment roll showing the names of the persons assessed and the amounts paid.

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Direction II, Burma Salt Manual, ( 25 ) 145. When any person has failed to pay the revenue due by him on or before the date fixed for the payment of such revenue, the Headman shall at once report to the Township Officer the name of the person from whom the revenue is due and the amount and kind of revenue due. 146. If a defaulter afterwards pays the revenue due from him together with the costs in the case, the Headman shall at -once inform the Township Officer of the payment and shall set .at liberty the defaulter, i,f he has been arrested .. That hamed a. 147. Every year, on or before such date as the Deputy Commissioner may fix, the Headman shall prepare a list of all the households in his village-tract in Form L. R. 1--U. B. Misc. Roll 2, and shall submit the list to the Township Officer. After the list has been checked by the Township Officer and Subdivisional Officer it will be submitted to the Deputy Commissioner, and will then be returned to th4' Headman, who will be informe-Q by the Deputy Commissioner of the total amount due from the village-tract. 148. The Headman and thamadis shall thereupon fix the amount payable by each household. The Headman shall enter the amount against each household in column 7 (h) of Form L. R. 1-U. B. Misc. Roll 2, and shall also publish in the village-tract a list showing the amount due by each person. 149. When this list has been published, the Headmag. shall proceed to collect the amount due from each household, and shall give a receipt in Form L. R. Ill~. B. ~ecei,pt I on payment by any person of the amount due from hnn. The Headman shall also enter the payment in column 8 of Form L. R. 1-U. B. Misc. Roll 2. 150. The He.!!.dman will be informed by the Township Officer of the date on or before which the thathameda must be paid, and when any person has failed to pay before that date the Headman shall report to the Township Officer as directed in paragraph 145. If the defaulter afterwards pays the thathameda anci costs, the Headman wiU inforrr the Town ship Officer as in the case of land revenue (paragraph I 46). Salt f?evenue. ISI. The Heaaman collects instalments of Salt composition duty as they fall due.

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( 27 ) Fz'shery Revenue. 152. The Headman must submit to the Township Officer or ,other officer authorized to issue licenses for fish-catching imple -ments, before September in each year, a list of persons who .have applied to him for licenses to use such implements. The Headman will later on hand over the licenses to, and receive the proper fees from, the applicants. Minerals. 153. If a Headman is required to collect fees for licenses to -work minerals, he ",11 be informed hy 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 shall enter the amount received and date of payment on the back of the license and pay the amount collected into the Sub-treasury. He shall report to the Township Officer the names of persons whom he believes to be extracting or about to extract wi1:hout a license, during the course of the year, minerals for which licenses are .necessary. CHAPTER XI. 'EXCISE AND 0PlUM. l'.54. All Headmen are Excise Officers. Those whose ~emuneration is not less than Rs. 120 a year exercise enlarged powers. Each Headman shoula. have an appointment order as Excise Officer, showing_ whether he exercises these enlarged powers or no.t. The duties of Headmen under the Excise and Opium Acts are described below. 155. 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 or intoxicating drugs. 156. 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_ o_n which duty has not been paid ; or any country spirits in

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( 28 ) excess of one reputed quart bottle, or any country fermented liquor or tari in exce~s 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 ot morphia which the person possessing it hrls bought from any person other than a licensed vendor; or any cocaine which the person possessing it has not bought under a medical prescrip~ tion from a licensed vendor; or any ganja or other intnxicating drugt; and may seize such smuggled spirit, liquor, tarz", 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, tar, opium, nr drug is found ; and may also arrest any other persons in the company of the person in whose possession illicit opium is found. 157. If any Headman has reason to believe from personal knowledge or f-rom 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. 158. Searches for unlawfully manufactured or concealed spirituous and fermented liquors and intoxicating drugs t liable: to confiscation under the Excise Act may, in like manner, be made by any Headman whose annual reqrnneration is not less than Rs. r 20, upon information given by any perso11 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 of such spirit or fermented liquor, and may seize and carry away such spirit, liquor, or other article liabl: to confiscation und~r the Exci~e Act. All searches under this rule must be made m: the presence of an officer of police in receipt of a monthly 'salary of at least Rs. 10. See paragraph, 162. . t Yeast \seliln) used in making uinye or rice-beer is nof an i-ntoxicating drug.:

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( !39 ) 159. 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 presence, and a list of aU 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 wit nesses ; 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. I6o. 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. 161. 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 lwithin 48 hours in opium cases or 24 hours in liquor cases) make a full report of all the particulars of such arrest, seizure or sear~h 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 everything 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. 162. The rule about possession of opium and morphia is as follows :-Any person may possess, if bought from a licensed doctor, and if mtended for medicine only, not more than five seers of poppyheads, three tolas of opium, five grains avoirdupois of morphia or six tolas of a medical preparation of opium other than morphia. Any non-Burman or (in Lower Burma) any regis tered Burman may possess for his own consumption three tolas of opium which he has bought from the licensed retail vendor at the shop shown on his consumer's ticket. 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

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( jO ) not Government opium for the personal use of himself a11d his attend~nts and not for sale or barter in any quantity not exceedmg five tolas for each person according to the order of the Deputy Commissioner. A_ h~lder of a special license granted by the Deputy Comm1ss1oner may possess opium up to the quantity shewn in the special license. Pharmaci~ts, doctors, and tattooers have special privileges. They are reqmred to have licenses in which their privileaes are specified. b 163. In certain tracts the cultivation of the poppy is permitted, and there are special rules about possession of poppy-heads and opium. CHAPTER XII. FAMINE AND SCARCITY. 164. The following are the rules about the duties of Head men in times of scarcity and famine. 165. When serious failure of crops or of food supply impends, the Headman shall make an immediate report t o _the Township Officer. rhis report should specially notice the general condition of the people and the existence of any abnormal distress or mortality. 166. 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 ptinted appointment orders. 167. The duties of a Headman appointed '' local officer!' are as follows :-(a) to prepare a correct r.egister 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 Commissioner; (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;

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(c) to distribute personally within the local area in hi~ 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. 168. When a Headman is not himself appointed a local officer," he shall assist the person so appointed for the Ideal area in which his villagetract is situated in all the matters dealt with in (a) to ( e) above. CHAPTER XIII. BooKS, ETC., TO BE KEPT BY HEADMEN. 169. The Headman must keep the follow.ing books and documents which will be supplied to him by the Deputy Commissioner:-( 11 Appointment Order as Headman. (2) Appointment Order as Excise Officer. (3) The Upper Burma Head.man's Manual. (4) Abridgment of the Laws relating to Stamps. (5) Villagers' Memorandum of Forest Law. (6 Register of Cases. (7) Register of Births. (8) Rules for resisting attack on villages, if prescribed. (9) Register of Deaths. ( 1 o) Register of Police Officers' Visits. ( 1 1) Books of Receipts for stores supplied to officers on tour. ( 12) Register of Strangers' Visits, if prescribed. ( 13) Registers of Transfers. ( I 4). File of Deputy Commissioner's Orders. Besides the books and documents numbered 1-141 Head men who are empowered to try civil suits must keep the following register:-( 15) Account of Fees in Civil Suits.

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( '32 ) fe~~'ifi!t~ 170. A Headman is also required to keep in his custody a manual. duplicate of the Vaccinator's Register. The Headman is re~ponsible for the safe custody of the n"gister, and will produce it when asked for by the vaccinator or inspecting Pfficer visiting the 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 chargP, copies of the Upper Burma Land Reverme Manual to the better educated Headmen who wish for copies. Printed 1,y order of the GoTermnent of llurma.