An agent to
whom an article
o f fale
is returned,
by a decree
o f the Kdzee,
in con.fe-
quence o f an
original de-
fedt, may return
it to his
conftituent,
who muft receive
it back
without any
fuit.
has become the property of a number of perfons, by inheritance, in
which cafe there is a neceflity for the agent purchafing one {hare from
one heir, another from another, and fo forth;)— and where the agent
purchafes the remainder of the {lave before his conftituent rejects the
firft purchafe, it is evident that he purchafed part merely with a view
to facilitate the purchafe of the whole:— the contract of purchafe is
therefore binding upon the conftituent, and effectual with relpedt to
him.— This is univerfally admitted.— According to Haneefa, there is
a difference between this and the preceding example; for two reafons..
F i r s t , in the purchafe of a half of the {lave there exifts a fufoicion,
as it is poflible that the agent may have made the purchafe in his own
behalf, and becoming afterwards fenfible of the defedt arifing from
participated property, may have then determined it for his. employer
a fufpicion which does not exift in the cafe of the fale of the half:-—
S e c o n d l y , the order of a conftituent to fe ll any thing is an order relative
to his own property, and is confequently valid ; and fuch being
the cafe, reftridtion or latitude muft be attended to.— T h e order of a
conftituent to purchafe any thing, on the contrary, is an order relative
to the property of another, and is confequently invalid; and fuch
being the cafe, reftridtion or latitude are not objedts of attention.
If a perfen defire another to fell his flave, and the other fell the-
flave accordingly, and either take pofleflion of the price orinot, and
the purchafer, in confequence of a defect of fuch a nature as could not
have been fupervenient, (fuch, for inftance, as an additional finger,)
return him upon the agent's hands, by a decree of the Kdzee-, founded
either upon evidence, or on the refufal of the: agent to take an oath,
or on his exprefs acknowlegment,—in this cafe the agent may return
him to the conftituent; beeaufe the Kdzee, in this inftance, has ex-
prefsly determined the defect to have had exiftence during the pof-
feffion of the feller, on which account he decrees the return; and
hence his decree is not, in fadt, founded on, any of the above circumftances,
ftances, namely, evidence, refufal to take an oath, or acknowledgment.
O b j e c t i o n .— What occafion, therefore, for the exhibition of
thefe proofs ? and why is any mention made of them in this
cafe ?
R e p l y .— T o remove the doubt thus ftated, the author of this
work obferves, that the Kdzee knows with certainty that a defect,
fuch as above defcribed, could not happen in the courfe of a month;
but not knowing when the fale took place, there is therefore a necef-
fity for thefe proofs, in order to afcertain the date of the fale, and that
the Kdzée may be enabled clearly to determine that the faid defied! had
not happened fince the fale, but had exifted prior to it.— T h e defedt
may alfo be of fuch a nature as required the infpedlion of women or
phyficians:— but although the opinion o f women or phyficians be fuf-
ficient to prevent contention, yet it is not a fufficient ground for a
decree of reftitution: there is, therefore, a neceflity for the proofs
aforefaid;— unlefs, indeed, the Kdzee himfelf witnefs the fale and perceive
the defedt, in which cafe there is no neceflity whatever for thofe
proofs.— T h e return to the agent is, in fadt, a return to the con/li-
tuent; and hence the agent is under no neceflity of entering a fuit
■ againft his conftituent to enforce his admiflion of the return.
T he law is fimilar where the purchafer returns the Have to the
agent, in virtue of a decree of the Kdzee, founded either on evidence
or refufal to take an path, on account of a defedt of fuch a nature as
may have taken place fubfequent to the. fale; beeaufe evidence is abfo-
lute proof: and, as to the agent, he is under a neceflity of declining
to fwear, as he had not always the pofleflion of the flave, having received
him only after the appointment of agency, whence it is poflible
that he is unacquainted with the defedt ;M-when, therefore, th*
.purchafer returns the flave on account of the agent’s refufal to take an
oath, the fale affedts the conftituent, and he muft take him back.—
If, on the other hand, the purchafer return him to thé agent, in con-
JF 2 fequence
And fo alfo,
where the defedt
is fupervenient
; provided
the
Kaxee's decree
be not founded
on the
agent’s ac-
knowledge-
menty