o r o n h im f e l f
a b f c o n d in g .
A lic en c ed -
f em a le Have
b e c om e s in h
ib ite d b y
b e a r in g a
c h i ld to h e r
m a i le r .
Ip a licenced flave abfcotid, he becomes inhibited.- Shgftft m^in-
tains that ho ftill continues licencedfor as his a.hfcondijig \yould not
be repugnant to his receiving the. licence in the beginning», fo like-
wife it is not repugnant tp it ip its-epptinpapee;—in the farpe manner
as in ufurpation; that is to fay, if a perfon ufurp the licenced
flayp of .another, the lipeppe ffill cpntinpes ip force with refpe.& to
fpeh Pave; apd foalfp,ip th? prefect inftapee.—Theargumept ofqur
dpflprs i§ that the abfcppding of a licenced Have ppsrstes as an inhibition
upon him by inferenep; bpcaufe his pn^fter aflented tp the
hcepce pply undpr the idea pf being able to pay fpeh debts as. the Have-
Plight incur by means, of his eatnings r hpt upop his ablcondiog this-
ability no longer remains.:—rlt isotherwifo in. a cafe of ufurpation ; fp.r
the mafter’s licep.ce in regard to the Have ffill continues after h^S being
ufurped, fuice the ina.fter may cafily recover him opt of the hands of
the ufurper, by ap appeal tO the magiftrate..
If a licenced female Have bear a child to Her mafter, this circum-
fiancc operates* as an inhibition with relpc’ct to her. Zffer is of a different
opinion; for he conceives an analogy between the continuance o f
licence and its commencement,—in other words,, if a mafter grant his
Am-Walid. a licence to trade, it-is lawful, from the firft, and fo in the.
fame manner the licence granted to a female Have, continues in force-
after her bearing a child.—Our do&ors, on the other hand, argue:
that it is -moft probable that, after her bearing-a-child to him, the
mafter may be unwilling that his Have Aould mix. with other people
for the purpofe-of carrying on commercial, tranfadtions, and will not
permit her to go forth from his houfe, whence an inhibition may be
inferred- with refpect t-o her by cuftom.—It is to. be obicrvcd that in
cafe of a- licenced female flave bearing a child to her mafter-, he becomes
refponfible to her creditors for her valrte, as- having (with- re—
fpeft to them) deftroyed the fubjeft with which their right was connected,
frnce in. ««frequence of his creating her an Am-Walid ihe
^ becomes
becomes incapable of being fold, whereas otherwife foe might be fold
for the difeharge of their demands.
I f a licenced female fla-ye be involved in debt to an amount beyond
her real Value, arid her mafter afterwards Create frer a Möddbbka, foe
ftilf continues licenced as bëforë, bécaufé here is nothing which would
argue hér becoming inhibited, fince it is not euftómary for a man to
prevent-his Modèbbird from mixing with others for the purpofe of
franfaéing ptfrehafe and fate:—neither is there any Contfadidtion between
the dfFeift of licence and 'Tddbeer, frft'cé each induces a Ipeciés
of freedom, as in enfifequenee of licence a flave becomés empowered
to aft, and in confoquenCe óf T'adbeer he acquires an ultimate claim to
freedom, and between thofe there is nothing irreConcileable. Id is to
be obfervéd, however, that in confeqtreiice of -Conftituting his licenced
flave a* Moddbiird, the mafter becomes rciponflble toTier creditors
for her-value, for the reafon already affigned in treatin°- of an
Am-Walid. °
W h e r e a mafter impofes inhibition upon his -licenced flave, ’the
have’s acknowledgments are valid to the amount-of the property in
his hands,— in other words, i f he were to acknowledge that all the
property m his hands as a defoftt belonging to a particular perfon, or
that he has ufurped it from a certain perfon,- or that h e is indebted to
that amount, fatisfadtion muft be made from that property. This is '
-according to tiarleefa. The two difciples maintain that his acknowledgments
made after inhibition are invalid-; for if his acknowledgment
be rendered valid by a licence, that has been revoked by the fubfoquent
inhibition, or i f it be rendered-valid by his pejfejfmn of the property,
that alfo has become.null in confequence of the inhibition, no re-ard
being paid to the feiizin of an inW to i perfon.— Hence the cafe is°the
fame as i f the mafter were to take the flave’s acqu-ifitiori's out of his-
hands before he makes any acknowledgment, or, as i f the inhibition
were occafioned by the mafter felling him to fome other perfon,—
whence it is that an acknowledgment made by him, with refpeft to
11 2 his
I f in d e b ted , ilill fhe is n o t
in h ib it e d b y
b e in g m a d e a
Modabbira.
T h e a c k n o w le
d gm e n t s o f
a lic en c ed ,
f la v e , la id
u n d e r in h ib i t
io n , a r e v a l id
t o th e am o u n t
o f th e p r o p
e r t y in h is
h an d s .