but is not deducted from the pawnee’s debt,— in the fame manner as
where it dies a natural death:— or if, on the other hand, he pay the
atonement, the child in that cafe remains in pawn with its mother
as before.
Rule with re-
fpefr to the
debts incurred
by a
pledged flave
deflroyingthe
property of a
Jbanger,
If a pledged flave deftroy the property of any perfon to an equal
or greater amount than his value, and the pawnee difcharge the debt
thus incurred by the flave, his claim upon the pawner holds good as
before, in the fame manner as where he pays.a pecuniary atonement
for any offence committed by the flave. In cafe, however, of his objecting
to fuch payment, the pawner is then required either to fell the
flave towards difcharging of the debt, or to pay it himfelf. I f he
adopt the latter alternative, the claim of the pawnee-is cancelled, in
the fame manner as explained in the example of atonements. If, on
the contrary, he prefer the former alternative, and (declining to pay
the debt himfelf) fell the flave towards the difcharge of it, in that
cafe the perfon who fuftained the injury.muff firft take what is due to
him from the price, (his claim having preference to that , of the
pawnee,) and then, if any thing remain, enquiry muft be made
whether the claim of the proprietor of the goods was greater, equal
to, or lefs than that of the pawnee?—I f it be either equal to, or
greater than the claim of the pawnee, the refidue of the price is appropriated
to the pawner, and the debt of the pawnee is held to be annulled
; for upon the flave being fold towards the difcharge of a debt
attaching to him in confequence o f an offence committed whilft in the
poffeffion of the pawnee, the cafe becomes in effect the fame as if he
had been deftroyed in the pawnee’s pofleflion. If, .on the contrary,
the claim of the proprietor be lefs than that of the pawnee,, the
claim of the pawnee is in that cafe annulled only in proportion to the
fum difburfed to the proprietor; and the remainder is detained in
pawn in lieu of the flave;— wherefore, if the pawnee’s debt be at that
time due, he may then take this fum as a fatisfa&ion for i t ; but if the
term of payment fhoukl not have arrived, he muft retain it in his
5 hands
hands until his debt become payable. If, on the other hand, it fhould
fo happen that the price of the flave does not altogether fuffice towards
the difcharge of the proprietor’s debt, he [the proprietor] may
in that cafe take the whole of the price, but without making a demand
on any perfon for the remainder, until .fuch time as the flave
may have become free; for his right relates to the flave; and as the
flave has been fold towards making fatisfafilion for it, his claim therefore
to whatever part of the right may not have been thus difcharged,
is fufpended until the flave obtain his freedom, when it may be
again urged;— and i f the flave, after obtaining his freedom, fhould
thus difcharge the remainder, he is not then entitled to claim a reim-
burfement from any perfon, as the money he difburfed was due from
him on account-of his own a£t.
I f a perfon pawn a flave valued at two thoufand dirms in fecurity
of a*debt of one thoufand, and the‘flave commit an offence, in that cafe
the pawner and pawnee B u ll both be ordered to pay the atonement*;
for a moiety only of the flave is infured with the pawnee, the other
moiety being with him as a truft-, and accordingly the atonement for
the infured moiety is. chargeable to him, and that of the other moiety
to the pawnee. If, therefore,' the pawner incline to give the.flave as
a compofition for the offence, and the pawnee aflent thereto, his [the
pawnee’s] debt is extinguifhed. If, on the contrary, the. parties dif-
’agree, (one of them inclining to give the Have in compofition, and
the other wifhing to difcharge the atonement,) the declaration is in
that cafe accepted of the party who prefers paying the atonement,
whether it be the pawner or pawnee ; for i f the pawnee pay the atonement,
ftill the right of the ,pawner is not annulled; whereas the
pawner, in commuting the flave for the penalty,' would deftroy the
If the value
of the flave
be twice the
amount of the
debt, the fines
incurred by
him are defrayed
equally
by both
parties.
This-does not mean that each is to pay the atonement, (for that would be to, pay it
izvice>) but that the obligation of atoning for the offence refts upon the one as well as upon
the other.
LI 2 right