Legal History Review
Online ISSN : 1883-5562
Print ISSN : 0441-2508
ISSN-L : 0441-2508
Landownership and Public Power in Modern Japan
Especially about Disappearance of the Registry Function of Village
Kaisaku Kumagai
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JOURNAL FREE ACCESS

1964 Volume 1964 Issue 14 Pages 31-48,3

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Abstract

The Tokugawa Shogunate prohibited farmers from selling of farms. But there were many facts of sale under guarantee of village headman. The Tokugawa Shogunate imposed land-taxes on villages, so if the village was able to pay the land-taxes as one body, a substitution of landowner (that is sale of farm) was permitted. But in that case the guarantee of village headman was indispensable. And such institutions were carried over to the Meiji Restoration.
The government of the Meiji Restoration declared the freedom of sale of land, and land was put in circulation. The institution of Chiken (_??__??_-public document of landownership, 1872) certified it, but a sign and seal of village headman was required to that document.
But the village system and the guarantee of village headman became an obstruction to a wide-spread circulation. Then a new institution was established by the Department of Justice. It was called Tokisho (_??__??__??_-the registry). The act of registry was promulgated in 1886.
This registry was more disreputable than the village office. The village office was more familiar with villagers. But the business of registry was removed to the new registry office by public power. That was pushed on by new landowners who desired that the activities of their village would go beyond the boundory of the village.

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