The pofleffion
o f an animal
is afcertaihed
by any aft
whichimplies
an ufe o f the
animal.
The right o f
one ufng a
thing is preferable
to that
o f one laying
held o f it.
S E C T I O N .
O f D i s p u t e s concerning P o s s e s s i o n .
If two men dilu te the pofleffion of an- animal', one of them:
being mounted upon it, and the other holding the bridle, in this cafe
the claim- of the rider is the ftrongeft, fince his aft of riding upon it
is an aft in virtue of right of property.—In the fame manner, alfo, if
one of them be riding on the faddle, and the other on the croup, the
claim of the perfon feated upon the faddle is preferable. It is other-
wife, however, if they be mounted upon an animal without a feddle ;
for in this cafe the property of the animal is divided between them, as
both are, with relpeft to the aft of riding, upon an equal footing in
inch an inftance..
I f two men contend concerning a camel, the one Having
a burden, his own property, upon it, and the other having in his
hand the Mohar or rope that guides it, the right of the perfon
having the burden upon it is preferable* as the camel is employed in
his Jervice.
If two men difpute refpefting an under garment, the one wearing
it* and the other holding the feeve of it, the claim of the wearer is preferable,
as his aft is evident.
If two perfons fliould difpute concerning a carpet, the one being
feated upon it, and the other having hold of it with his hand, the
Kazce mull not pafs a decree in favour of either..
If
If two perfons difpute concerning a piece of cloth, the one en-
cloliqg great part of it in his hand, and the other having hold of the
border of it, in this cafe the cloth is equally parted between them, be-
caufe the greater quantity held by the one than the other does not
give a fuperiority of claim, as it goes only to furnifh one argument or
proof.
If a boy '* be in the pofleffion of any perfon, and, being capable of R'£ht of p°f-
,■ ■ , , , . . „ „ 5 feflion over a explaining his own condition, declare that “ he is fr ee, his aflertion foundling is
muft be credited, in as much as he is his own mailer__If, on the h?sa0!,^ac-by
other hand, he declare himfelf to be the /lave of fome other perfon knowledgr
ment. than the pollelior, he is adjudged to be the property of the pofleffor,
becaufe, in declaring himfelf a fa v e , he acknowledges that he is not
his own mailer.—If, alfo, the boy be not capable of explaining his
own condition, he is adjudged to be the property of the poflefior, becaufe
not being his own mailer he is confidered in the fame light as
clothes or any limilar article:—and if, after attaining maturity, he
claim his freedom, his plea will not be admitted, becaufe his llavery
during his childhood became apparent; and no matter that becomes
apparent can afterwards be fet alide excepting upon proof +.
If there be ten apartments of a Serai in the pofleffion of one man, The court of
and one apartment in the pofleffion of another, and they enter into a figti ' i f '
•contention refpefting the court of the Serai, in this cafe the claim of ,,w“" the dif_
both mull be adjudged to be equal, lince both have an equal right to FU ™ S*
the ufe of it, and to pafs through it.
* Undoubtedly meaning a foundling, or fra y ed child.
+ T h e tranflator has omitted a cafe o f conliderable length, which immediately follows,
relative to the claim o f fundry perfons to a wall, founded upon different circumftances
which argue right o f property. T h efe circumftances the tranflator has not been able to
procure a fatisfaflory explanation o f ; and they a re probably fuch as relate to antiquated
cuftoms in Aralia.