licenced flave being the feller, and his matter the purchafer; becaufe
the right o f the creditors is conne&ed with fuch excefs.
His matter
may emancipate
him, remaining
re-
fponfible to
the creditors
for his value:
and he may
alfo fell him;
but the creditors
are entitled
to the
price, or may
demand a
compenfation
either from
the feller or
the purchafer*
If a matter emancipate his licenced flave, he [the flave] hein«- involved
in debt, fuch manumiffion is valid; becaufe the matter is proprietor
of the flave, and his right of property in him ftill continues-
after licence. The matter, however, is refponfible to the creditors
for the value of the flave, as having dettroyed their right, which was
connected with the flave in this manner, that they might have fold
him, and paid themfqlves out of his price. The creditors alfo have a
claim upon the flave, after he becomes free,, for the proportion in
which his value falls Ihort of his debts; becaufe the debts reft upon
the faith of his perfon, and the matter is not liable to more than a
compenfation for what he has dettroyed. If, however, the flave’s
debts be fhort of his value, in this cafe the matter, in confequen'ce o f
emancipating him, is refponfible to the creditors only for the amount
of the debts, that alone being their right. It is otherwife where a
matter emancipates his Modabbtr or Am-Walid, being licenced and indebted,
for in this cafe he does not owe any thing whatever to the
creditors, fince their right does not attach to the perfon of the Modabbir
or Am-Walid fo far as that they might fell them to obtain payment o f
their demands, and hence the matter has not, by emancipating thofe
flaves, injured the right of their creditors.
I f a matter fell his licenced flave, who is indebted to a degree that
involves his perfon, and the purchafer take poffeffion of the flave, and
fend him away or hide him, in this cafe the creditors have it in their
option to take a compenfation either from the matter who fold the
flave, or from the purchafer;— becaufe their right is connected with
the flave s perfon; (whence their title to fell him unlefs the matter
pay their demands;) but the matter, in felling the flave, and delivering
him to the purchafer, effe<ftually deftrbys their right, as attached
to his perfon; and, on the other hand, the purchafer alfo deftroys
their
B ook X X X V I. S L A V E S . ' Jli;
their right by fending the flave away or concealing him. Hence they
are entitled to take the compenfation from either party. T he y may
alfo lawfully accede to the fale, and take the price, as that is their
right, and this ultimate permiflion ftands in the place o f a prior per-
miffion;— in the fame manner as where a pawner fells the article
pledged, and the pawn-holder then accedes to the fale; in which cafe
this ultimate confent ftands in the place o f a prior confent. It is to
be obferved that if, in the cafe here confidered, the creditors take the
value from the matter who fold the flave, and the purchafer afterwards
return him upon a difcovery o f defeS, the right of the creditors then
attaches to the flavins perfon, and the matter is entitled to recover
from them the value of the flave, which he had paid to them in compenfation;
becaufe the foie reatfon for his being fubjeft to compenfation
was his felling the flave and delivering him to the purchafer, and
this reafpn is removed by the purchafer returning him.— The matter
may therefore take from the creditors whatever he had paid to them
in compenfation;—in the fame manner as where an ufurper fells and
delivers to the purchafer the article ufurped, and pays a compenfation
or the value to the owner, and the purchafer afterwards returns the
article upon a difcovery of defeat,— in which cafe the ufurper is entitled
to give the ufurped article to the owner, and to recover from him
the value which he had paid in compenfation.
licenced nave. ir the matter
., r , ----- * ucmg a aeotor, giving notice at
the fame time to the purchafer that the flave is involved in debt, in
order that he may have no option of rejeftion from the flave’s de- M l
fefhvenefs in being indebted, in this cafe the creditors are entitled to “ b“
annul the fale, on account o f their right attaching to the flave. Be-
ldes, they have a right either to require fervice of the flave to fuch
a degree as may fuffice for the difcharge of their demands, or to fell S T
him and thus pay themfelves, either of thefe modes being attended
With a different advantage; for in the former inftance the advantage
fell him, at
the fame time
explaining
his {ituation
Uuu a
volved in
debt, the
creditors may
annul the