*24
nager lnmfelf: for the bargain being valid with refpedt to the pur-
chafer, is therefore effedtual with refpect to him, in the' fame
manner as in the cafe of an agent for purchafe who oppofes his con-
flituent.
The manager I t .is not lawful for a manager to purchafe a Have who is free with
chafe a Have, refpedl to the manager himfelf, where a profit has. been gained upon
fpefttoh 'm *-he flock-; becaufe the fhare of the manager (namely, in the profit)
felf, where would in this'cafe become emancipated from the whole flacky andcon-
b"enPprevi-aS fequently the fhare of the proprietor would be vitiated * , according to
quireiTu on Mxineefa. (The two difciples hold that it would become emancipated,
the flock. becaufe of the known difference of their opinion from that of Haneefa
concerning the divifibility or indivifibility of manumijfion.)— Now,
where a flave becomes emancipated, either wholly, or in part, he is no
longer a lawful fubject of fale; and confequently the end of the contract
(namely, the acquifition of profit,) cannot by this means be
obtained. Hence it is not lawful for a manager, where a profit has
been gained upon the flock, to purchafe a -flave who, with refpedl to
himfelf, becomes free.— If, however, he fhould make this purchafe,
under fuch a circumftance, he becomes refponfible for the amount of
the Mozdribat flock To expended, becaufe he is - then, held to have
made the purchafe for himfelf, and he has paid the price out of the
flock.— But if there have been nq-acceffionof profit to the flock, the
manager may lawfully purchafe a flave that is free with refpedt to
himfelf, becaufe there exifts no bar, in this cafe, fince the manager
has no fhare in the purchafe fo as to render his portion in the flave
free.—And if, after the purchafe, a profit fhould arife, from the flave
* Becaufe the flave, by becoming free in fa r t, is rendered unfaleable, and obtains a
claim to freedom. (See Manumijfion.)
+ F o r, as no profit has been, as yet, gained upon the f lo ck , and as the profit is the
on ly thing in which the manager has any fhare, it follows that no part o f the manager's
property is expended in the purchafe•
increafinj
ificreafing in v,alue, the manager’s portion o f the flave, involving his
fhare of the profit, is emancipated; and he is not, in this cafe, in any
refpedl refponfible to the proprietor of the flock * , becaufe neither the
increafe'of the value, nor the fhare acquired by the manager, were
effeded by his means, but operated of themfelves independant of his
will or endeavour. Hence this cafe is the fame as where a perfon becomes
heir to a relation, or to feme one elfe; as if a wife fhould purchafe
the fon of her hufband, and fhould afterwards die, leaving -behind
her hufband and brother ; in which cafe the child becomes free,
and the father is not in any degree refponfible ; and fo alfb in the, cafe
in queftion.-— (It is to be obferved that the flave in queflion muft perform
emancipatory labour to the proprietor of the flock, to the amount
of his fhare in him, as the proprietor’s property is involved in his perfon;
he muft therefore perform emancipatory labour, in the fame
manner as in a cafe of inheritance.)
I p a perfon give one thoufand dirms to be managed, in confidera- Cafe o f the
tion of a moiety of the profit, in the way of Mozdribat, and the ma- ^hafing^k’-
Mger. purchafe, for the thoufand dirms, a female flave of the value of male flave,
thefe thoufand, and afterwards have carnal connexion with her, and a^Wldupoif'
fhe in confequence produce a child alfo valued at pile thoufand dirms, her'
and the manager claim the child, and the child afterwards increafe in
value to fifteen hundred dirms, in this cafe the proprietor o f the flock
has it at his option either to claim emancipatory labour from the flave
[the manager’ s child] to the amount of one thoufand two hundred and
fifty dirms -, -or to emancipate him : but the manager does not owe any
indemnification to the proprietor for his fhare, though he be rich.
The reafbn of this is that there is a prefumption of the validity of the
claim here made, fince it is poffible that the female flave may be the
wife of the manager, by her former proprietor having firfl contracted-
T h a t is, he owes him no indemnification for the vitiation o f bis property in the flave
from this circumftance.
V ol. nr. <3 her