Record

HSF - Correspondence of Sir John Frederick William Herschel, and the Herschel family
- 3 - Letters of William James Herschel
  - 14 - Letters from William James Herschel largely to family members, with related correspondence

RefNo	HSF/3/14/4
Level	Item
Title	Letter from William James Herschel, Camp Nyagong, Midnapore [Medinipur], to 'Dearest Father' [Sir John Frederick William Herschel]
Creator	Herschel; Sir William James; second baronet (1833-1917); British developer of fingerprinting and judge
Date	25 February 1866
Description	He has a question from his father which has waited a long time for an answer. He has administered the rent laws for nearly seven years and is familiar with them. He refers to Act X of 1859, saying that it has taken until now to bring out the difficulties it raises, showing how ill-prepared the country was in understanding it. Sir John Herschel's question was how the legislature could pass a law that the courts should determine rents when a landlord wishes to enhance them. William thinks that 'the very idea of an arbitration stepping in between a Landlord and his tenants ...is atrocious in English eyes'. William admits that the task is too vast for the courts, and ludicrously beyond their powers. William discusses the views of the British and landlords in India and is certain the law will lead to political complications. Very few enhancements will proceed without recourse to law and there will be terrorism by some landlords. William believes that the law was ill-judged because while it professed to reduce existing rights to clear definitions, it only defined those which create conflicts, but did not define which ones were to be held subordinate. People have been puzzling over the definitions of Act X for seven years and as agricultural produce varies in price, so landlords and tenants may claim a revision of the existing rents. William explains the three classes of ryotts and how the law effects the intermediate class, looking at precedents in earlier laws as far as he knows them. He considers the rest of the law, in advising on what variation to rents is allowed, the only guidance being what is 'fair and equitable'. William lists the circumstances in which a landlord who has permitted a ryott to cultivate for twelve years can claim an alteration in rent. It is beyond the powers of tenant or landlord to guess what terms a court will impose, while the facts are debatable. He concludes by saying the law has fostered litigation and has created a new class of ryott whose rent is not determined by market rate. However in all respects apart from this, 'the Act is a marvellous stride', and will be remembered if all else if forgotten if the British were to leave India tomorrow. William is now in camp and he notes his picture of Emma hanging in the tent. They are becoming anxious about Johnny [John Herschel] who has been worried by work and homesickness.
Extent	19p.
Format	Manuscript
PhysicalDescription	Ink on paper
AccessStatus	Open

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