fame manner as in the purchafe of viRuals or clothing;— (that is, as,,
where one of two partners by reciprocity purchafes victuals or clothing,
paying the price out of the partnerfhip flock, the other partner
is entitled to take half the price from the purchafer, fo alfo in th?
cafe in queftfon.) The ground upon which this proceeds is that the
flave in queftion has become the foie and exclufive property of the-
purchafer becaufe of the neceffity of legalizing generation; and- as:
the price is due in proportion to the right o f property, it follows that
the price of the flave is folely and exclufively due from the purchxfer*
The argument of Haneefa is that the flave has fallen into the poffef-
fion of both partners, a certiori, according to what partnerfhip requires,
(for they cannot alter the requifitesof partnerfhip;) the flave,,
therefore, is the property of bath, in the fame manner as i f no per-
miffiou had been given; now the permffion implies that the perfon
who grants it makes a gift of his fhare to the purchafer; for carnal
connexion is lawful only in virtue of right fproperty•; and there is no-
mode of eftablifhing that in the prefent cafe but by g ft-, becanfe fale
cannot be fuppofed on this oocafion * , as the eftablifhment of a right,
of property hy fale would be repugnant to the req.uifites of a contrail
of partnerfhip; for if the partner were to fe ll his fhare to the pur-
chafer, ftill that fhare is in. partnerfhip between the-two, and does
not belong exclufively to the purchafer. His fhare, therefore, ..is-
made the property of the purchafer by g ft implied in the permiffion
granted to the purchafer to have carnal connexion with the flave..
It is otherwife with refpeit to viEiuals and clothing, becaufe as thefe
are excepted from the contrail; .of necejjity, they are .the foie property
of the purchafer in virtue of the fpirit of a contrail: of purchafe and
fale; he, therefore, muft pay half the price thereof to his partner,
becaufe he has difoharged a debt flue from hbnfelf [for the above articles]
out o f the partnerfhip flock, whereas, in the cafe under confi-
deration the purchafer difcharged a partnerjhip debt, which was
s ' equally
Book X IV . P A R T N E R S H I P ,
equally due from both partners, for the reafons already alleged.—
It is to be obferved that, in the cafe in queftion, the feller of the
flave is at liberty to take the price from either partner, according to
all our doitors, becaufe this price is a debt incurred by an a il of
traffic. 'A contrail of reciprocity, moreoyer, comprehends bail; and
hence the price of the Jlave- refembles (in this refpeit) the price of
vibluals or clothing.
but the feller
may take the
price from,
either.
HE DATA.