5 20
or virtually,
by acquiescence;
and the infant’s
ac-'
knowledge-
merits are
then valid:
before. If, however, he tranfaft a purchafe or fale before having
obtained his guardian’ s licence, the validity of it depend upon his
[the guardian’s] approbation, as fuch purchafe or fale may poffibly
be attended with advantage. It is to be obferved that the office
and denomination of guardian * of an infant extends to his father
or father’ s executor, and alfo to his grandfather, and to the Kdzee,
or other executive magiftrate. It is otherwife with refpeft to thofe
whofe fituation is merely conditional, (namely, governors of cities
or diftridts, fuch as the Ameer of Bokhara,') for as thofe have not
the power of appointing a Kdzee, they cannot grant an infant a
licence to trade. From what is mentioned above, that “ a licenced
“ infant becomes the fame as a licenced flave,” it may be inferred
that all the laws which apply to the latter apply to the former
likewife; becaufe licence operates as a removal of inhibition, after
which the licenced perfon a£ts in virtue of his own competency,
whether he be a flave or an in fa n th e n c e his adts or dealings are
not reftri&ed to any particular defcription.
I-F the infant above mentioned tranfaft purchafe and fale, - and his
guardian, perceiving this, remain filent, the infant becomes licenced,
in the fame manner as a flave.
I f a licenced infant make an acknowledgment in favour of any
perfon, affixing the acquifitions in his hands, fuch acknowledgement
is valid,— (and fo likewife his acknowledgment affedting any
thing which may have come to him by inheritance, according to the
Zahir Rawayet,)— in the fame manner as an acknowledgment made
by a licenced flave.
* Arab. W a l l i s .— S o m e lexicons pronounce it (perhaps more accurately) m i l" .
A LICENCED
A l ic en c ed infant is not at liberty to contra f t in marriage •. ^ £g his but he cannot o • contract his
flave or his Mokatib, any more than a licenced flave. It is alfo to be flavesinmar-
obferved that an occafional lunatic, acquainted with the nature o f ofTl'unatic?
purchafe and fale, is the fame as an infant, and becomes licenced by
the authority of his father or grandfather, or of his father's executor,
but.not of any other, as was before explained; and he is alfo fubjedt
to the fame laws with the infant.
V O L . III. X x x H E D A T A .