Of the latter description are the more distant paternal kindred, and their guardianship extends only to matters connected with the education and marriage of their wards.

6. The former description of guardians answers to the Powers of near guardi. term of curator in the Civil Law, and of manager in the ans, Bengal Code of Regulations; having power over the property of the minor for purposes beneficial to him, and in their default this power does not vest in the remote guardians, but devolves on the ruling authority.

of maternal

7. Maternal relations are the lowest species of guardi- Guardianship ans, as their right of guardianship for the purposes of relations. education and marriage takes effect, only where there may be no paternal kindred nor mother.

mother's con

8. Mothers have the right (and widows durante Duration of viduitate) to the custody of their sons until they attain troul. the age of seven years, and of their daughters until they attain the age of puberty.

9. The mother's right is forfeited by marrying a Special rules. stranger, but reverts on her again becoming a widow.

paternal rela

10. The paternal relations succeed to the right of Right of the guardianship, for the purposes of education and marri- tions. age, in proportion to the proximity of their claims to inherit the estate of the minor.

debts.

11. Necessary debts contracted by any guardian for of necessary the support or education of his ward, must be discharged by him on his coming of age.

tions of a mi.

12. A minor is not competent sui juris to contract Disqualificamarriage, to pass a divorce, to manumit a slave, to make nor.

Competency

of.

Of his immoveable pro

perty.

Exceptions.

Of his personal property.

Exception.

Responsibility of.

a loan, or contract a debt, or to engage in any other transaction of a nature not manifestly for his benefit, without the consent of his guardian.

13. But he may receive a gift, or do any other act which is manifestly for his benefit.

14. A guardian is not at liberty to sell the immoveable property of his ward, except under seven circumstances, viz. 1st, where he can obtain double its value; 2dly, where the minor has no other property, and the sale of it is absolutely necessary to his maintenance; 3dly, where the late incumbent died in debt which cannot be liquidated but by the sale of such property; 4thly, where there are some general provisions in the will which cannot be carried into effect without such sale; 5thly, where the produce of the property is not sufficient to defray the expences of keeping it; 6thly, where the property may be in danger of being destroyed; 7thly, where it has been usurped, and the guardian has reason to fear that there is no chance of fair restitution.

15. Eevery contract entered into by a near guardian on behalf and for the benefit of the minor, and every contract entered into by a minor with the advice and consent of his near guardian, as far as regards his personal property, is valid and binding upon him; provided there be no circumvention or fraud on the face of it.

16. Minors are civilly responsible for any intentional damage or injury done by them to the property or interests of others; though they are not liable in criminal matters to retaliation or to the ultimum supplicium, but they are liable to discretionary chastisement and correction.

CHAPTER IX.

OF SLAVERY.

very.

1. There are only two descriptions of persons recog- Of legal sla nized as slaves under the Moohummudan Law. First, infidels made captive during war; and, secondly, their descendants. These persons are subjects of inheritance, and of all kinds of contracts, in the same manner as other property.

2. The general state of bondage is subdivided into Slavery entire or qualified. two classes, and slavery may be either entire or qualified, according to circumstances.

3. Qualified slaves are of three descriptions: the of qualified Mookatib; the Moodubbir, and the Oom-i-wulud.

slaves.

slave.

4. A Mookatib slave is he between whom and his mas- Of a Mookatib ter there may have been an agreement for his ransom, on the condition of his paying a certain sum of money, either immediately, or at some future period, or by instalments.

to.

5. If he fulfil the condition he will become free; Rules relative otherwise he will revert to his former unqualified state of bondage. In the mean time his master parts with the possession of, but not with the property in him. He is not however in the interval a fit subject of sale, gift, pledge or hire.

6. A Moodubbir slave is he to whom his master has Of a Moodubbir slave. promised post-obit emancipation-such promise however may be made absolutely, or with limitation; in other words, the freedom of the slave may be made to depend

K

Rules relative

to.

Exceptions to the above general rules.

Of an Oom-iwulud.

Rules relative to.

generally on the death of his master, whenever that event may happen; or it may be made conditionally, to depend on the occurrence of the event within a specified period.

7. This description of slave is not a fit subject of sale or gift, but labour may be exacted from him, and he may be let out to hire, and in the case of a female she may be given in marriage. Where the promise was made absolutely, the slave becomes free on the death of the master, whenever that event may happen; and, where made conditionally, if his death occurred within the period specified.

8. The general law of legacies and debts is applicable to this description of slaves, they being considered as much the right of the heirs as any other description of property: consequently they can only be emancipated to the extent of one-third of the value of their persons, where the master leaves no other property; and they must perform emancipatory labour for the benefit of the heirs to the extent of the other two-thirds; and where the master dies insolvent, they do not become free until, for the benefit of the deceased's creditors, they have earned by their labour, property to the full amount of their value.

9. An Oom-i-wulud is a female slave who has borne a child or children to her master.

10. The law is the same regarding this description of slave as regarding the Moodubbir, with this difference in her favor, that she is emancipated unconditionally on the death of her master; whether he may or may not have left other assets, or whether he may have died in a state of insolvency or otherwise. But it should be

observed that the parentage of the children of such slave is not established in her master unless he acknowledge the first born.

tions of slaves.

11. Slaves labour under almost every species of legal Disqualifica incapacity. They cannot marry without the consent of their masters. Their evidence is not admissible nor their acknowledgments (unless they are licensed,) in matters relating to property. They are not generally eligible to fill any civil office in the state, nor can they be executors, sureties or guardians (unless to the minor children of their master by special appointment) nor are they competent to make a gift or sale, nor to inherit or bequeath property.

12. But, as some counterpoise to these disqualifica- Indulgences tions, they are exempted from many of the obligations of granted. freedom. They are not liable to be sued except in the presence of their masters; they are not subject to the payment of taxes, and they cannot be imprisoned for debt. In criminal matters the indulgences extended to them are more numerous.

slaves.

13. Any description of slave however may be licen- Of licensed sed, either for a particular purpose or generally for commercial transactions; in which case they are allowed to act to the extent of their license.

to the marri

age of.

14. Masters may compel their slaves to marry. Un- Rules relative qualified slaves may be sold to make good their wives dower and maintenance, and qualified slaves may be compelled to labour for the same purposes. A man cannot marry a female slave, so long as he has a free wife; nor can he under any circumstances marry his own slave girl, nor can a slave marry his mistress.