through his
Ameens, who
muft invefti-
gate the na
jure o f them,
and muft inquire
and decide
concerning
prifoners
confined upon
any legal
claim,
might act according to them; and as his power of aftion afterwards
devolves upon the new Kdzee, he is of courfe entitled to receive them ;
and alfo in the third cafe, becaufe the late Kazee did not preferve them
as property, but merely as the injiruments o f jujtice', and hence it is
the fame as if he had devoted them to the public.
I t is requifite that the new Kazee fend two Ameens*, in order to
take pofl'effion of the bags of the Dewan in the prefence of the late
Kdzee, or in the prefence of his Ameen. It is alfo neceffary that they
afk and inquire of the late Kazee, which are the papers that regifter
his proceedings? and which are thofe that eftablifh guardians for the
property of orphans ? and that then the late Kdzee arrange the feveral
defcriptions of papers in different bags, in order that no doubt may
arife to the new Kdzee.— It is to be obferved, however, that this in-
veftigation is merely for the fake of knowledge, and not for the pur-
poie of impeachment.
I t is requifite that the new-appointed Kdzee examine, into the
ftate of the prifoners, becaufe this is one of the duties of his office.—
Whoever of them makes an acknowledgment of right in favour o f
others, the new Kdzee mull render it obligatory upon him, as acknowledgment
induces obligation on the acknowledger.— Whoever of them,
:on the contrary, makes a denial, the new Kdzee muft not credit the
affirmation of the late Kazee with refpeft to him unlefs fupported by
evidence, becaufe, in confequence of his difmiffion, his affirmation
carries no more authority than that of any of the people-in general;
and the evidence of one perfon is not proof, more efpeeially when
fuch .evidence relates to an aftion of his own.— If the late Kdzee
fhould not be able, in this laft inftance, to produce evidence, ftill the
new one muft not immediately releafe fuch prifoner; on the contrary,
* A n f ice, truftees or confidants. It is the name o f an office in the Kazee1 s court, in
the* manner o f a regijler. It alfo lign ites an inquifctor.
he
he muft iffue proclamation and ufe circumfpeftion; that is, he muft
caufe a perfon to proclaim, every day, that “ the Kdzee direfts that
“ whofoever has any claim againft fuch a prifoner do appear and be
H confronted with him.”— I f any perfon appear accordingly, and prefer
a claim againft the prifoner, the Kdzee muft defire him to produce
evidence;— but if no perfon appear, he muft then releafe the prifoner,
provided he fee it advifeable.— He muft not, however, precipitate his
enlargement, before thefe precautions have been taken; becaufe the
imprifonment of him by the former Kazee having been done apparently
with reafon, it is probable, if he ffiould haftily releafe him, that
the claimant againft him might lofe his right.
I t is requifite that the new Kdzee examine into the depofits * , and alfo con-
which the difmined Kazee may declare to be m the hands of parti- fitsofconr
cular perfons, and alfo into thé proceeds arifing from the Wakfs pr0'
[charitable appropriations] of Mujfulmans,— and that he aft with thefe
according to fuch evidence as may be eftabliffied concerning them, or
according to the acknowledgment of the perfon in whofe hands are
the depofits or the proceeds of Wakf, becaufe evidence and acknowledgment
are both proofs:—but he muft not credit the affirmation o f
the late Kdzee;— unlefs the perfon in whofe hands the property lies
avow that “ the faid property wa3 given in charge to him by the
K d z e e in which cafe the new Kdzee may credit the affirmation of .
the old one with regard to fuch property, as it here appears,
from the truftees acknowledgment, that the property in queftion had
been in the pofl'effion of the difmiflèd Kdzee, whence it may be faid
to bey?///in his hands:—his affirmation, therefore, with refpeft to
fuch property, muft, in this cafe, be credited.— This proceeds oil a
fuppofition that the aftual pofleflor had from the beginning acknowledged
the difmiflèd Kdzee's confignment of the property to him :• for
* Meaning, controverted property, held by the Kdzee until the iffue o f the fuit or litigation,
and which he'delivers over to fome perfon to keep, in* the manner o f a truft.
4 K 2 if