Cafe of a fugitive
flave
involved in
debt.
he is pawned, lince it is only through means of this property that he
can recover what is due to him: the reward, therefore, is due from
the perfon Who has him in pawn,— and this whether the flave be re-
ftored during the life of the pawner* or after his deqeafe, beeaufe a
contract of pawn is diffolved by the deceafe of the pawner. ' This is
where the value of the flave does not exceed the debt of the pawner:
but if the value exceed the debt, the reward is due from the perfon
who has him in pawn, to the amount of the debt, and the remainder
from the pawner, beeaufe-the right of-the creditor Who receives a
pawn extends only to what it ihvolvesr The reward,'therefore, is fub-
jedt to the fame rule with the price of Medicine, Or quittance for an
offence;— that is to fay, if a pawned flave fall fick, and medicine be
purchafed for him, the price for the medicine is due from the perfon
having him in pawn to the amount of the debt involved in the flave,
and the remainder from the pawner p where t he value of the flave exceeds
the debt;— and in the'feme manner* if a pawned flave commit
an offence, it is incumbent upon the creditor who has him in pawn
to pay the quittance of offence to the amount of the debt involved in
the flave, and thus releafe him, the pawner paying the remainder ;
and the fame in the cafe here treated of.
If a fugitive flave be'involved in debt, the regard for apprehending
him is due from his owner, where he cKufes to difeharge the
debts: but if the owner do not chufe this, the flave is to be fold for
the difeharge of the debts,— the reward to be previoufly paid out of
the price for which he is fold, and the remainder afterwards diftri—
buted among his creditors; beeaufe the reward is an expence attendant
upon the right o f property; and the right of property in the flave
refembles a fufpended property, as it is.held in fufpenfe between two
parties; (lince, if the mafter chufe to defray the debts, the right of
property refts with him,— or, if he prefer Jelling the flave, it refts
with the creditors;) and the right o f property thus remaining in fuf-
pence, that whichus an expence attendant upon the right of property
4 (namely
\
(namely the reward) alfo remains in fufpence:— the reward, therefore,
is incumbent upon him in whom the right of property refts.
If a male or female fugitive flave commit an offence, the reward for Cafe » f a fa-
apprehending is incumbent upon the mafter, providecj'he agree to pay lTable to fine
the Fiddeeya Jandyat, or quittance of offence, becailfe the advantage fora,loffencc-
of the flave refults to his mafter: but if he prefer furrendering him to
the party aggrieved, (or avenger of the offence,) the reward in this
cafe is due from the party to whom the advantage of the flave accrues.: ~
* 1
If a perfon make a gift of a flave to another, and the other take Cafe o f a gift-
poffeffion of him, and the flave abfeond from the donee, and a third fn^fromdit
perfon feize and reftore him to the donee, the reward is due from the domc-
donee although the donor refume his fhare from the donee after refto-
ration; beeaufe it is not in confequence of the reftoration to the donee
that the advantage of the flave accrues to the donor, [after refump-
tion,] but rather in confequence of the donee not having difpofed, of
the flave in any way after reftoration,— lince, if the donee had fo difpofed
of him, (by manumijfwn, [ale, ox fo forth,) the refumption .could
not have been effected. 1
; the mafter of a fugitive Have be an infant, the reward.'if due(- The guardian
from his property, beeaufe the regard is an expence attendant upon oi
the right of property.. I f , however, the reftorer of the flave be the not entitled' to
infant’s guardian, no reward.whatever is due to him,.-beeaufe he is forrertoringa
manager of the infant’ s concerns, and confequently it is his duty to fu6'tivellaye.
feek after and recover the flave. In the fame manner, alfo,-if an orphan
be refident in any perfon’ s family, and this perfon feize and reftore
a fugitive flave belonging to the orphan, no reward whatever is
due to him, as it is his duty to feek for and reftore the flave. In the
feme manner, moreover, no reward is due to the Sultan where, he
reftores a fugitive flave to the owner.
'H E D A rA ?