the father is in no degree refponfible, fince no bar had taken place;
and hence, alfo, if the child fhould die poflefled o f property, the
father inherits it, as the child was completely free in right of his father.—
If, on the other hand, the father fhould kill the fon,, he mud
in this cafe make compenfation for the value, fince he himfelf operated
as a bar to the proprietor’ s right.— In the fame manner alfo, i f
any other than the father were to kill the child, and the father exact
the fine o f blood, he muft pay the value to the proprietor; becaufe,
although the child be deflroyed, yet the compenfation remains whole
and entire in the hands of the father, (fince the fine o f blood is a compenfation;)
and, as the exiftence of the compenfation is equivalent to
the exiftence of the thing itfelf, and the bar to the compenfation is
equivalent to the bar to the thing itfelf, it follows that it is incumbent
on him to give the value, in the fame manner as it would have been
incumbent on him in cafe of the exiftence of the child.— It is to be
obferved that the purchafer, after paying a compenfation for the value
of the child, is entitled to receive the faid value from the feller, fince
the feller was refponfible to him for the fafety and prefervation of i t ;
he is therefore entitled to exact from the feller the value of the child,
in the feme manner as the price of the mother.— It is different, however,
with refpedt to the Akir, or fine o f trefpafs, as he is not entitled
to exa£t that from the feller.— T h e purchafer therefore, as having had
carnal knowledge of a woman who was the property of another, although
he be exempted from punifhment for whoredom, becaufe of
the doubt which exifted, is notwithftanding required to pay to the
proprietor an Akir, or fine o f trefpafs;— but he muft not demand a
reimburfement for the Akir from the feller, becaufe he became liable
to pay it for the commiffion of an a£t of which he himfelf reaped the
foie benefit.
H E D A TA .
H E D J T A.
B O O K XXV.
O f I K R A r , or A C K N O W L E D G M E N T ' S |
IK R A R , in the language o f the l a w , means the notification or
avowal of the right of another upon one’ s felf.— T h e perfon
making fuch acknowledgment is termed Mookir;— the perfon in
whofe favour the acknowledgment is made is termed Mookir-'lee-hoo;
and the thing which is the fubjedt of the acknowledgment is termed
Mookir-be-hee.
Chap. I.
Chap. II.
Chap. III.
V ol. III.
Introdudtory.
O f Exceptions, and what is deetned equivalent to
Exception.
O f Acknowledgments made by Sick Perlons.
T C H A P .
Definition o f
the term.