The Origin And Growth of Village Communities in India

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As to " minute " or " multifarious " rules, intended " to reconcile the holding of separate fields with the idea of common cultivation," I should be completely at a loss to imagine how the idea of such a thing origin- ated, except that Sir H. S. Maine gives us a clue by showing that he derived it from the cases he had heard of, of irrigated villages where the whole of the holdings, sometimes comprising a number of scat- tered plots, had to be watered from a single source.
Sometimes this is a ca
...nal cut, or locally a stream, or a torrent only occasionally flowing for limited THE THEORY EXAMINED 121 periods. Sometimes a number of plots are watered from one well. In such cases rules, or schemes of days and hours, and turns at the well, or the order of damming up the stream or watercourse, are arranged (both for owners and tenants), and they may appear complicated. These, no doubt, are not matters of mere give-and-take — of independent con- tract,' because they all proceed on a well-known existing scheme of shares and separate rights ; and such arrangements are obviously necessary when the source is one and the claimants many.^ That the scheme of distribution is often arranged without difficulty^ indicates a good deal of tribal or of family union, or village solidarity, as the case may be ; but how it indicates an idea of '' common cultivation " I fail to perceive.

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