From the Pages of the Defter (ص 198)

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From the Pages of the Defter (ص 198)

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value of the land.?*2
Article 9 of the Tapu Law of 1859 determined the cost of administrative
fees that would also be charged the inheritor: three kurus for the cost of paper on which the
tapu certificate was written and a one-kurus clerk’s fee.?” Article 9 of the 1860 law
increased these administrative charges to also cover a clerk’s fee as well as a fee equivalent
to five percent of the value of the land.**°
While these fees were not insignificant — the
average value of field-crop land as assessed in the 1876 Emlak survey was 150 kurus per
dunam, so a small, ten-dunam inherited plot assessed at the prescribed fee-rate would cost
225 kurus plus administrative fees to register — they were still far less than the bedel-i mis/
(equivalency) charged owners who claimed land through means other than transfer by sale,
gift, or inheritance. These fees were equal to the assessed value of the land in its entirety.**"
How can we determine that this was the goal of the case? Unfortunately, available
evidence does not permit a discussion of whether internal and/or external pressures had
arisen, prompting villagers to update tapu certificates after two decades. While there is no
direct evidence to prove that this was indeed the villagers’ motivation, three elements
suggest its probability. Firstly, as suggested, the case was not conflictual. The defendant’s
recorded role in the case was minimal. From the court record one learns about him only that
in some (undefined) capacity he had claim to some of the profits of Jamrura’s harvests, and
331 Ibid., 74, 93.
332 Ihid., 74-75.
333 Ibid., 93-94.
34 See, for example, Article 44 of the 1858 Land law (Ongley: 23).
181

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From the Pages of the Defter

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Susynne McElrone

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