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38 At the Back of the Black Man's Mind By R. E. Dennett
or 40 fathoms of cloth Kama Buta. This payment was called Ku Futa Li Bumi. (To pay
that which is wasted.)
Slaves; are termed children of the "cloth", or Muana Ntu "the son of the head," in
reference to the slave as the carrier). The owner is not expected to force a slave to do
that which is wrong (Lu Kasu), but if he does the slave must do it, as his master has the
right to kill him if he does not, and is himself responsible for the slave's action.
The domestic servants of a rich man are called Bavinji. A father may ask a friend to take
his son as servant and teach him all he knows. Such a boy is called Xileci. The head boy
or steward is called Xileci Xi Busu.
There is no lending at interest in our sense of the word. Where a man borrows goods he
must pay back double the amount borrowed, no matter for how long a time he has owed
them. Unless a certain date for the return of the goods is mentioned, the debt may
continue for years. The writer knows of one case where a debt was 15 years old.
A man may lease his cattle to another under the following recognised conditions:-First
increase goes to the owner; of the second the caretaker takes a female; of the third a
male, the fourth goes to the owner.
A man may commission another to carry on trade for him. He gives him exact
instructions, paying him half the profits, but exacts from him or his family any loss
incurred. The sender is responsible to the family for any evil that may overtake the one
sent provided that it cannot be shown that the evil was the consequence of his own
folly. A man on leaving the country may commission his friend to act for him, but the
service requested must be mentioned to the man commissioned in the presence of
witnesses, and he may only act for him in that particular instance or on that occasion.
No procuration to act generally for another is ever given. A present is given to one so
acting for another, where no profit can be expected. The act or service accomplished
and the profits shared or present given, ends the commission. The family being
responsible, no general procuration is needed, for it rests with them always as a matter
of fact.
In the event of a time for the repayment of a debt having been fixed, the creditor asks
for payment, and if this is put off or refused he has the right to arrest anyone belonging
to the debtor's family. This person is held until the matter has been publicly settled by
palaver in the courts of law, when, the debt being paid, the prisoner is set at liberty. The
person thus arrested is not necessarily of the same family as the debtor, but he should
be of a family in the same princedom or province, that is some one living not very far
from the debtor. This captive receives payment from the debtor quite apart from the
creditor, but as the result of the judgment of the same palaver. And this is the only form
of security for the payment of a debt which the native law provides for.
PART II
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