An inhibition
laid upon him
by his matter
does not
operate until
it be publicly
known,
is alfo entitled to take from the (lave his proportionate produce*,
which he has impofed upon him monthly (for inftance) after the
debts were incurred, as well as before; for if he were prevented from
fo doing, he would lay an inhibition upon the (lave, and confequently
no earnings could be acquired by him. But if he fhould have taken
from the Have, after the debts were incurred, any thing more than
his proportionate produce, he muft give the excefs to the creditors,
as their right has a preference: betides, the matter’s right to take the
proportionate degree>of produce is becaufe of the neceffity above Bated,
which does Hot exitt with refpeft to any excefs.'
If a matter impofe inhibition upon his licenced flave, tlill the Have
does not become inhibited until the fame be known to all merchants
and Bazcir dealers; for if he were to become inhibited before, Bazar
dealers might fuftain an injury; becaufe they might fell articles to an
inhibited tlave, under a fuppofition of his being licenced; and as their
right could not attach to the tlave’ s perfon, from the circumttance of
his being inhibited, the enforcement of it muft confequently be delayed
until he obtain his freedom.— It is to be obferyed that it is lequifite
that a majority of the merchants and dealers in the Bazctrs be apprized
of the inhibition.— If, therefore, a-mafter impofe inhibition upon his
licenced {lave in the Bazdr, at a time when there are only one or two
perfons prefent in-that place, the Have does not become inhibited.;
whence if he [the flave] afterwards fell to or purchafe of the Bazcir
dealers, it is-valid, although fuch purchafe or fale be tranfatled with
perfons aware of the inhibition.— If, on the other hand, the mafter
impofe the inhibition in his own houfe, in .prefence of a principal
number.of the Bazar dealers, the flave is inhibited accordingly. In
»
* Ghalli 'Mifsth, meaning (in this place) the common produce from a flave’ s labour, in
proportion to fex, age, & c . for which (whatever defcription the Have be under) the mafter
has a claim, exclufive o f any other advantage, daily, weekly, monthly, or annually, as e
may have appointed.
ihort,
Ihort, regard is paid to the notoriety and publicity of the inhibition,
fuch publicity {landing as. the fubftitute of an appearance to all, in the
lame manner as the publicity of the million of the prophets amounts to
the adtual appearance of the fame to all mankind.
If a mafter impofe inhibition upon his licenced flave, ftill the flave ancl he *“•»-
continues licenced until fuch time as he be informed of the inhibition, Mqualnwd1'
he in this particular refembling an agent, who, if difmified by his with it-
conftituent, does not ftand as difmifled until he be made acquainted
with that circumftance.—The ground of this is that if a licenced flave
were liable to become inhibited without his knowledge, he would
fuftain an injury, in this way, that any debts' contrafted by him after
the inhibition, would fall upon his own property in the event of his
becoming free.—With refpeft to the neceffity of the inhibition being
public and notorious, it obtains only where the licence has alfo been
of a public nature;—for where the licence has not been public, none
being acquainted with it but the flave himfelf, and his mafter after-
wards impofing inhibition upon him, he in this cafe becomes inhibited
provided he be apprized, this not being injurious to any.
If the mafter of a licenced flave die, or become infane, or apofta- He becomes
tize from the faith and be united to a hoftile country, fuch licenced
flave thereupon becomes inhibited; becaufe granting a licence to a ^eat^> aPG1'-
flave is not an abfolute or binding aft; (whence it is that a mafter nity’ofh'if*'.
may at any time revoke a licence granted by him:) and as it is a rule ma(ler;
that the continuance or duration of any a£t not of a bindino- nature is
fubjedt to the fame law with its., commencement, it is therefore indif-
penfebly .requifite that the mafter poflefs competency to grant a licence '
during the continuance in the fame manner as at the commencement of
fuch licence :—but this competency is terminated by death or madnefs.;
and fo likewife by expatriation, as that is death in effed,__
whence it is that the property of an expatriated apoftate is divided
among his heirs.
V ol. III. T t t If