In the case of a family being iap duh (extinct), the family property, according to Khasi custom, passes to the Siem. Therefore it is to the interest of the members of families to adopt a female, when such necessity arises. As there is no religious ceremony which is compulsory to the Khasis on the occasion of an adoption, perhaps we are almost justified in concluding that in former times the adoption custom did not exist, more especially as the Khasis possess a special word, iap duh, for describing a family the females of which have all died out; and it is admittedly the custom for the Siem to succeed to the property of such a family. The Synteng custom of 'rap iing may have been borrowed from the Hindus, when the Rajas of Jaintia became converts to that religion.
Tenure of Land and Laws Regarding Land.
Land in the Khasi Hills proper, i.e. land in the high plateau, is held somewhat differently from land in the Jaintia Hills and the Wár country; it will be necessary to describe the land tenures and laws regarding land of each of these divisions separately. As land is always jhumed by the Bhois and Lynngams from year to year, customs regarding land with these people are naturally very simple. Taking land in the high plateau of the Khasi Hills first:—The lands are classified under two main divisions, (a) public and (b) private lands. The following are the different descriptions of lands in the first division:—
Ka ri Raj, or ka ri Siem, which are Siem's, or Crown lands. These lands are intended for the support of the Siem family, they cannot be alienated. The Siems are, however, precluded by custom from levying a land tax on persons who cultivate such lands, the relation of landlord and tenant between the latter and their chiefs being unknown.
Ka ri Lyngdoh.—These lands are for the support of the Lyngdohs or priests of the State. In some Siemships, as in Mawiang Siemship, paddy is grown on these lands from which rice is obtained for the State pujas.
Ri shnong, or village lands.—These lands are set apart to provide a supply of firewood, thatching grass, &c., and are the property of the village. The inhabitants of other villages are not allowed to enjoy the produce of such lands. Such lands can be cultivated by ryots of the village, but the latter possess only occupancy rights, and cannot transfer them.
Ki 'lawkyntang.—These are sacred groves, situated generally near the summit of hills, composed of oak and rhododendron trees, which are held sacred (kyntang), it being an offence, or sang, for any one to cut timber in the grove, except for cremation purposes. These groves are the property of the villages.
(b.) Private Lands. These may he subdivided into ri-kur or lands which are the property of the clan, and ri kynti, family, or acquired landed property. In the Khasi Hills proper a very large proportion, certainly of the high lands, is the property of the clan; for instance, the high lands at Laitkor; which are the property of the Khar kungor and Kur kulang clans, whose ancestors the large memorial stones close to the Laitkor road commemorate, also the lands of the Thang khiew clan, and many others. It has been explained, in a previous paragraph, how the clan grew out of the family. The clan lands originally, when population was sparse, were owned by families, but as the members of the family increased and a clan was formed, the lands became the property of the clan instead of the family. Such clan lands are properly demarcated by stone boundary marks. The manager of the clan lands is the kni (maternal uncle of the youngest daughter of the main family, or branch of the clan), whose house "ka iing khadduh," or last house, is the place for performing all the religious ceremonies of the clan, and is also called ka iing seng. All the members of the clan are, however, entitled to share in the produce of any of the clan lands they may cultivate. No clan lands can be alienated without the consent of a durbar of the whole clan.
Ri kynti are private lands which have been either acquired by a man or woman individually, or, in the case of a woman, inherited from her mother; such lands must he entirely distinguished from the lands of the clan. In portions of the Jaintia Hills, if a man purchases a piece of land, at his death it passes to his mother, to the exclusion of his children; but in the Khasi Hills nowadays a man may leave such lands, provided they were acquired after marriage, either formally by will, or informally, to his children for their support. In land customs as well as other customs the Syntengs seem to preserve more closely than the Khasis what are probably the ancient usages of the race. It must be clearly understood, however, that all land acquired by inheritance must follow the Khasi law of entail, by which property descends from the mother to the youngest daughter, and again from the latter to her youngest daughter. Ancestral landed property must therefore be always owned by women. The male members of the family may cultivate such lands, but they must carry all the produce to the house of their mother, who will divide it amongst the members of the family. Daughters, other than youngest daughters, are entitled to maintenance from the produce of such family lands.
In the Jaintia Hills lands are classified as follows:—