L I C E N C E D
Have 'is empowered to ad for himfelf, in virtue of his own competency
; becaufe a Have, even during his bondage, is endowed with a
natural capacity for acting, as poffeffing the gift of fpeech and a dif-
criminating underflanding.— Befides, he was inhibited, and prevented
from Siting, merely on account of his mailer’ s right; for as his aits
were known and acknowledged by the l a w , only inafmuch as they
were the means of fubjefting to debt his perfon or acquifitions, which
are his mailer’s property, the mailer’ s affent to what he did was
therefore requifite, in order that his rights might not be rendered null
without his will.— As, however, the tranfadlions of a licenced Have
are carried on by him independantly, in virtue of his own inherent
competency, and not by delegation from his mailer, nence any obligations
he may incur are not ex ailed from the mailer. As, alio,-the
licence is a remiffion of the mailer’ s right, it therefore cannot be made
temporary or rcitnclcd; and hence if a perlon grant a licence to his
Have for one day, or one month, fuch Have becomes licenced perpetually,
or until the mailer lay an inhibition upon him, as the mailer s
remiffion of his right cannot be reftri&ed to any particular time.— It is,
proper to obferve that, in the fame manner as Izn, or licence, is
eftablilhed by an exprels declaration, fo alfo is it eftablilhed by inference
; as where, for inftance, a perlon -fees his Have tranfadling pur-
chafe or fale, and knowing and perceiving him to be thus employed,
he notwithflanding remains 15lent,— in which cafe the Have becomes
MazoQn, or licenced, according to our doaors; (contrary to the
opinions of Ziffer and Shyfei-,) and it makes no difference, in this
cafe, whether the Have be employed in felling the property of hi?
mailer,' or that of any other perfon, with or without his content,
or whether the fale be valid or invalid,— for every perfon who fees
the Have thus employed will, from appearances, conclude that he is
licenced with regard to purchafe and fale, fince otherwife his m # e.r
would certainly prevent him;—eonfequently, people will tyanfadl
bufinefs with him without hefitation ; and, if he were not licenced,
cenced, they would fullain an injury on Kis Becoming indebted to
them*.
I f a perfon give his ffave ah unlimited licence to trade, by fay in °-
to him “ I permit you to trade,’’ without reltridl'ing the permiffion
to any particular fpecies of traffic, in this cafe his tranfaffions are lawful’
and valid in all deferiptions of commerce, the term trade [ta/arit]
comprehending all forts of mercantile concerns.—It is therefore lawful
for him to purchafe or fell whatever he pleafes of goods or effedts, as
this is the original mode of conducing trade. He may alfo purchafe
or fell'at any inconlidbrable difadvantage, as this cannot always be
guarded againft. In the,fame manner alfo, fale by him at a gfeat difadvantage
is valid, according to Uaneefa. The two difciples hold that
he cannot lawfully fell any thing to a great difadvantage, becaufe fale
at a great lots is infudl the lame as a* gratuity,—whence it is that if a
dying perfon fell any thing at a very confiderable difadvantage, the lofs-
can affedl only one third of his property. The licence, therefore,
granted to a Have to purchafe or fell does not include purchafe or fale
at a very difproportionate and manifefl lofs, fince he is not at liberty to
perform gratuitous adls. The argument of Haneefa is, that fale at any
difadvantage, whether great or inconfiderable, is an adt of commerce -
and the Have in queftion, moreover, adls in virtue of his own inherent
competency, in the fame manner as a freeman.__The
fame difference of opinion alfo obtains concerning a licenced-
infant.
I f a licenced Have tranladt a Mohabdt lale upon his deathbed^
it extends to and affedts the whole of his property, where there
* Becaufe in this cafe they would have no means o f recovering their r igh t;__for i f the
flave be fuppofed to a£t without his mailer’ s concurrence, the mailer cannot be refponfible-
for fuch debts as may be incurred by h im ; - o r if, on the other hand, he be not fuppofed
uuttcea, his perfon or property cannot be attached.
An unlimited-
licence o f
trade extends-
to every lpe~
cies .of com-
merce.
Café o f
babât fale.