ملف ٣٩٣٩/١٩٢٦ الجزء ٤ "المنشورات: تنقيح معاهدات أيتشيسون: القسم المتعلق بأفغانستان." [و‎‎٣‎١‎٤] (٣٧٠/٢١١)

58
AFGHANISTAN—NO. XVI—1895
about 450 yards almost due north of the old Lowana and Taraki fort commonly
known as Kilta Zara, and about eight hundred and fifty yards from the nearest
point of the northern bank of the Tirwah river.
Clause No. With regard to the boundary line from boundary pillar No VII
considerable difficulty has been experienced by us at arriving at a settlement
owing to the joint ownership by the Shabeh Khel Tarakis and Lowanas of the
Xirwah lands. By an ancient settlement of very many years ago, which these
two tribes had agreed upon between themselves, the water of the Tirwah canal
was divided by agreement into 21 shares, i.e., 21 Shabana roz, as follows, i.e.,
twelve shares, i.e., twelve Shabana roz, were fixed as the property of the Lowanas
and nine shares, i.e. nine Shabana roz, as the property of the Shabeh Khel Tarakis.
This division of the water still remains in force, and we have jointly agreed that it
should remain in force hereafter as before,
As regards the land, the Lowanas and Shabeh Khel Tarakis were not agreed
as to the boundary line separating their respective shares, and it has been neces
sary for us to settle this matter. After some discussion the Lowanas and Shabeh
Khel Tarakis agreed to settle their boundary by oath. The joint agreement re
corded by them is attached to this agreement. Oath was given by the Lowauas
to the Shabeh Khel Taraki maliks, Ghulam Rasul, son of Gul Khan, and Sadik,
son of Alam Khan, who, taking the Koran, marked out their boundary, from the
point where the Tirwah canal leaves the bank of the Tirwah river near Killa
Zara. We have jointly agreed to this settlement of the boundary line thus ar
rived at, between the Lowanas and Shabeh Khel Tarakis.
We have also jointly agreed to the following matters connected with the othe r
right above named, of the Shabeh Khel Tarakis and Lowanas, i.e., (l)thejoin^
rights to the water of the Tirwah river of the two tribes, Lowanas and Shabeh
Khel Tarakis, residing in Tirwah, as far as the head of the water jointly owned by
these two tribes, i.e., up to the place which is known by the name of Wruskai
Karbore, i.e., the western point of the Karbore hill, above which point the Lowanas
and Tarakis have no concern, will be according to the following shares— viz., the
Lowanas to have twelve Shabana roz, and the Tarakis nine Shabana roz as hitherto
from ancient times. Both tribes shall be responsible for the clearing of the water
canal according to ancient custom and according to the above-mentioned shares.
(2) Neither of the parties, i.e., neither Lowanas nor Tarakis, shall, independently
of each other, or against the wishes of each other, make a new course any where
as far as the point where the old water canal ends in the cultivated land, i.e., the
point where boundary pillar No. A. Ill has been erected, for the old water canal of
Tirwah, which passes through the Lowana and Taraki lands. (3) The thorough
fare of both these tribes, i.e., Lowanas and Shabeh Khel Tarakis, through any
place where there may be no cultivation, will be allowed in any direction within
the Taraki and Lowana boundaries in Tirwah.
We have jointly agreed that the boundary line between the lands of the above
two tribes should be the boundary line between the territories of our respective