A Kâzee or
his Armen are
not liable for
an y lofs which
may be incur-
ed to the
prejudice of
another in
felling an article
to fatisfy
creditors.
I f the lofs be
incurred by
an executor,
afting under
the Kazee'&
orders, the -
executor is
indemnified
by the creditors
:
If a Kdzee, or Ameen appointed by him, fell the Have of a certain
perfon, in order to difcharge the demands of his creditors,' and the
money, after the receipt, be loft or deftroyed in the hands of the
Kazee, or his Ameen, and the (lave be then proved to have been the
property of lome other perfon, in that cafe neither th eKazee nor his
Ameen is refponfible for the lofs; becaufe if K&zees were fubjeft to
fuch refponfibility, no one would accept of the appointment; and the
rights of the people would confequently be deftroyed.— The Kazee,
therefore, not being relponfible for the lofs, the purchafer is entitled
to an indemnification from the creditors on whofe account the fale was
made, becaufe of the impracticability o f his being indemnified by the
party with whom he made the bargain.— In the fame manner as! where
an incapable infant* or an inhibited Have appoints an agent for .fale
who accordingly fells fomething on his behalf,, and, the price beino-
loft after he had received it, a right to the thing fold is proved by
another; for in that cafe the claim is made on the conftituent, and
not the agent, although he be the party with whom the bargain was
made.
If a Kdzee command an executor, whom he himfelf had appointed,
to fell a flave to fatisfy the creditors of a deceafed perfon, and
the executor in obedience to this order accordingly fell the flave, and
the flave afterwards prove the right of another, or die previous to his
being delivered to the purchafer, and the price in the mean time be
loft after it had been received by the executor,.— the purchafer muft
in that cafe receive an indemnification from the executor, not from the
Kdzee; becaufe, having been appointed by the Kazee to aft as executor
to the deceafed, he is therefore a reprefentative of the deceafed,
and not of the Kdzee-, and hence, in the fame manner as the deceafed
would have1 been refponfible under fuch circumftances, in cafe he had
himfelf made the fale during his lifetime, fo alfo is the executor for
* Meaning an infant fo young as to be incapable o f a ilin g for himfelf.
the
the fale made after his death. The purchafer, therefore, is entitled
to exaft the price from the executor; and he, again, is entitled to indemnify
himfelf from the creditors-, fince he afted in the bufinefs of
the fale on théir behalf.— If, however, any more property of the deceafed
be afterwards diicovered, the creditors’ are entitled to receive
from it the payment of their debts, which are ftill held to remain in
force. — Lawyers have alfo faid that the dreditors are, on their
part, entitled to receive an indemnification from the eftate for
the compdnfation they made through the’, executor, to the purchafer,
fince they incurred that lofs in behalf of the deceafed.
A ft infant heir, oil whofe account any thing !is fold from thé
eftate of a deceafed perfon, is confidered in the light of a- creditor ; in
other wordsfcrf an infant heir ftand in need of felling fomething, and
the executor accordingly make fuch lale for him, and the fubjeft of
the fale afterwards prove the right of another,— in that cafe the purchafer
is entitled to a compenfation from the executor, and the executor
from the heir.— If, on the other hand, the Ameen of the Kdzee
fell any thing in behalf of an heir which afterwards proves the right
of another; the proprietor is in that cafe entitled to receive a compenfation
direftly from the heir, provided he be an adult; but i f the heir
be an infant, the Kdzee muft appoint a perfon for the difcharge of the
debt from his property.
S E C T I O N .
If a Kdzee fay to a perfon “ I have fentenced a certain man to be
“ ftoned; do you therefore ftone h i m — or, “ I have fentenced fuch
“ a man to have his hand cut off; do you therefore cut it off;” — or,
“ I have fentenced this perfon to be fcourged; do you therefore fcourge
“ him;”
and an infant
heir fiands in
the fame predicament
with a creditor
in this
particular.
Any perfon
may execute
a punifhment
by the Kazee’3
directions.