$ SOCIETY OF INQUIRY;^ 
 
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Digitized by the Internet Archive 
 in 2016 
 
 https://archive.org/details/thasawalamyorlawOOathe 
 
THASAWALAMY 
 
 OR, THE 
 
 LAWS AND CUSTOMS or the MALABARS 
 
 OP 
 
 JAFFNA. 
 
 REVISED, ABRIDGED, AND ARRANGED, 
 
 J 
 
 ROBERT ATHERTON, Esq. C. S. 
 
 WITH THE ASSISTANCE OF 
 
 JOHN RODRIGO MOOTIAR MODELIAR, GOVERN- 
 MENT ASSESSOR; SIGE VAGAN ADER AYER, 
 VALA SUPERMANIER AYER, and SENA- 
 DERAYA MODELIAR, PROCTORS, of 
 THE DISTRICT COURT of JAFFNA 
 
 PRESS OF THE AMERICAN MISSION, MANIPAT 
 
 1835 , 
 
In publishing this small, but it is trusted, useful and correct, 
 Pamphlet, on the Laws of Jaffna, it is but due to my co-adjutors 
 to state, that its principal value is owing to the care and atten- 
 tion they bestowed on every clause of the work, as submitted to- 
 them on repeated consultation. 
 
 Jaffna, Ceylon, December, ) 
 
 1834. 5 
 
THASAWALAMY. 
 
 DOWRY AND INHERITANCE. 
 
 Property is called “Moedesiom” or Hereditary, 
 when brought by the Husband; “Chidenam” or 
 Dowry, when brought by the wife; and such as is 
 acquired during Marriage, is called “ Teurdeatotom” 
 or Acquisition. 
 
 Inherited Property is called Oremaay, and devolves, 
 if inherited by a Husband, in the same manner as his 
 Hereditary property; if by a Wife, like her Dowry, 
 and it is liable to any claims those properties are. 
 
 Dowry granted to Daughters in marriage may be 
 taken at will from Hereditary, Dowry, or Acquired 
 properties, as the Parents think proper, and near re- 
 lations may enlarge a Dowry by adding some of their 
 own property to it, taking care to describe such gift 
 in plain terms in the Dowy Ola, and adding their 
 signatures thereto. 
 
 Daughters must content themselves with the prop- 
 erty specified in the Dowry Ola, having no further 
 claim on the Estate after their Parent’s death, except 
 where there are no Sons or their descendants, when 
 they will succeed to the whole Estate in equal shares. 
 
 A new married couple not taking possession of any 
 property given them in Dowry for the term of 10 
 Y ears, forfeit their claim thereto, and such property 
 reverts baek to the common Estate, unless they have 
 an act from their Parents explaining the delay. 
 
4 
 
 DO^\^lY AND INHERITANCE 
 
 6 Parents may give a Daughter a piece of Mortgaged 
 land in Dowry, specifying that such IVIortgage is to 
 be redeemed by the married couple; but if they are 
 unable to do so, and the 3iortgagee does not wish to 
 retain the Mortgage, the Parents themselves must re- 
 deem it, and beep possession until the Daughter to 
 whom it was given in Dowry, shall pay the amount 
 to them, which she has full power to do at any period. 
 
 7 If a young couple should lose any part of theii- 
 Dowry property by a law suit, the Parents must make 
 good the loss; or, if they are dead, the Son or Sons 
 must do it, either in kind or money. 
 
 8 Parents if they prosper considerably, have a right 
 to increase a Daughter’s Dowry, by way of Donation, 
 
 9 Sons cannot claim any thing as long as their Pa- 
 rents are alive ; indeed all they gain during their 
 Batchelorship belongs to the common Estate, except 
 ornaments of Gold and Silver, and Gifts. They are 
 likewise bound at their Parent’s death, to pay all the 
 Debts, however little may devolve to them. 
 
 10 A married Woman dying without issue, her proper- 
 ty devolves to her Sisters, their Children, or Grand 
 children, m equal shares, or in succession to Brothers, 
 their Children, or Grand children, in equal shares; fail- 
 ing all these, to the Parent or Pai'ents. None of these 
 surviving, all the property she received from her Fa- 
 ther’s side will revert to his nearest Relations, and 
 all she received from her 31other’s side will revert to 
 to the Mother’s nearest relations. The Acquired pro- 
 perty will be divided -equally between her Father’s and 
 Mother’s nearest relations. 
 
 11 In the above case, it sometimes happens, that the 
 Mother, if a V/idow, and poor, by general consent, 
 holds the property during her life, but it ought to be 
 registered, to prevent dispur^,. 
 
DOWRY AND INHERITANCE. 
 
 6 
 
 12 Sons dying without issue, their property devolves to 
 Brothers, their Children or Grand children, in equal 
 shares; or in succession, to Sisters, their Children or 
 Grand children in equal shares; failing all these, to 
 Parent or Parents. None of these surviving, the pro- 
 perty he received from his Father’s side, with half the 
 Acquired property, will revert to the Father’s nearest 
 relations, and all he received from his Mother’s side, 
 and the other half of the Acquisition will revert to her 
 nearest relations. 
 
 13 A Man must immediately give up his Wife’s Dow- 
 ry and half the Acquired property, to her Heirs, should 
 she die childless; and in like manner, a Woman must 
 give up her Husband’s Hereditary, and half the Ac- 
 quired property, to his Heirs, should he die without 
 issue. 
 
 14 Parents becoming incapable from age to manage 
 their property, may place it in charge of their Sons, 
 and may again resume possession at will, though they 
 have in that case no right to dispose of any part there- 
 of without the sanction of the Judge. 
 
 15 The F ather dying first, the property remains with 
 the Mother, provided she takes charge of the Children, 
 until the Daughters marry, when she must give them 
 Dowries, but the Sons can claim nothing till the Mo- 
 ther’s death. 
 
 16 The Mother marrying a second time, is obliged to 
 give Daughters (if any) by both Husbands, Dowries 
 from her own Dowry Property, and the Sons of the 
 first marriage can immediately on the second marriage, 
 claim their Father’s Hereditary, and half the Ac- 
 quired property of the first marriage, after deducting 
 what may have been given to Daughters in Dowry. 
 And if they are too young to manage the property 
 themselves, the mother must give it over with the Sons 
 in Guardianship, to the F ather’s nearest male Heirs. 
 
DOWRY AND INHERITANCE. 
 
 17 The Mother mentioned in the last Clause, dying, 
 the Sons of both marriages succeed to her remaining 
 property in equal shares to each Son, and if an unmar- 
 ried Daughter is left, she is entitled to a share also, 
 besides which the Sons of the first marriage now take 
 that half of tlie property acqufied daring the first mar- 
 riage which had remained in her possession during the 
 second marriage, 
 
 18 The Sons of the second marriage, are entitled (in 
 the above case) if their F ather is dead also, to their 
 Father’s Hereditary property, as well as to all proper- 
 ty acquired during the second marriage, after the 
 debts of that marriage are paid. 
 
 19 If any part of the property left in charge of the Wife 
 during her second marriage is lessened, her second Hus- 
 band or his Sons, must make good the deficiency. 
 
 A Mother dying first, leaving Children, the Father 
 
 20 may keep the property as long as he does not marry 
 again, doing with the Children and Estate in hke man- 
 ner as before stated, in Clause 15, with respect to 
 Mothers. 
 
 21 A Father marrying a second time, the Children, if 
 young, ought to be given in Guardianship to their 
 Mother’s nearest female relations, and if so, the Fath- 
 er must deliver over witli them, ail their 31other’s 
 Dowry, and half the property acquired during the first 
 marriage, and when the Daughters are married the 
 father must assign them Dowries from that share of 
 the Mother’s property so given up, and also from his 
 own Hereditary property. If after all the Daughters 
 are dowried any of this property remains in the Guar- 
 dian’s hands, the Sons of the first marriage may take 
 and divide it at once, or hold it jointly till they marry; 
 but if nothing remains, the Sons can claim notliing till 
 then' Father’s death. 
 
DOWRY AND INHERITANCE. 
 
 T 
 
 22 A Father clyinjg;, having Sons hy both marriages, 
 and the second Wife being dead also, his property is 
 divided into two sliares, one for the issue of each mar- 
 riage; the Sons of the first marriage having first taken 
 the remaining half of the property acquired during the 
 first marriage, left in the F ather’s hands; and the Sons of 
 the second marriage having divided the property acquir- 
 ed during that marriage, as well as what remains of their 
 Mother’s property left after dowrying the Daughters. 
 
 23 If any of the property left in care of the F ather on 
 h's second marriage, is wasted, the Sons of that mar- 
 riage must make up the deficiency. 
 
 24 Father and Mother dying whilst the Children are 
 young, the relaiions choose a Guardian, who allots 
 the Daughter’s Dowries when they marry. If any of 
 the Daughters remain unmarried till the Brothers 
 want to marry, tlie property left in tlie Guardian’s 
 hands must be divided, though the Sisters ought to 
 have a large share. 
 
 25 U nmarried Daughters dying, their property devolves 
 to the married ones, unless the property has not been 
 divided with the Brothers as in last Clause, in which 
 case the married Sisters have no claim. 
 
 26 Natural Children cannot inherit any thing. 
 
 27 If a married couple die leaving Daughters only, 
 some of whom are married, their property after pay- 
 ing the debts, is to be divided equally between the 
 Daughter or Daughters unmarried. 
 
 28 If a Woman dies leaving a Son by the first mar- 
 riage and a Son and Daughter by a second mar- 
 riage, then, if the Son of the second marriage dies 
 childless, his property devolves as follows : To his full 
 Sister all the property derived from their Father’s side, 
 and half the property acquired during the second mar- 
 
8 DOWRY AND INHERITANCE. 
 
 riage; and the half Brother by the first marriage will 
 take all the remainder. 
 
 29 If a Man dies leaving a Son and Daughter by his 
 first Wife, and one Daughter by his second, both of 
 which Daughters have been married with Dowries, 
 in this case his property is to be equally divided be- 
 tween the Son of the first, and Daughter of the sec- 
 ond marriage (who here inherits because she has no 
 full Brothers.) 
 
 30 Two married persons, who were the sole children 
 of their respective parents, dying childless, and their 
 parents being also dead, them property devolves thus : 
 all the Husband received from his F ather, will revert to 
 his F ather’ s nearest relations; and all he received from 
 his Mother, will revert to her nearest relations. The 
 Wife’s property in like manner Avill revert to her F ath- 
 er’s and Mother’s nearest relations. The Acquired 
 property is to be divided into four shares, one for each 
 of the above mentioned parties, with the single excep- 
 tion that Gold and Silver made for the Husband, de- 
 volves to his F ather’ s and Mother’s relations, and that 
 made for the Wife, Avill devolve to her Father’s and 
 Mother’s relations. 
 
 31 One of a married couple dying childless, the Sur- 
 vivor must give up his or her property to the Heirs, 
 as well as half the Acquired property, but should the 
 Heirs leave the property in the Survivor’s care, they 
 must do so in writing, or take it back on a second 
 marriage, failing doing either of which, they lose all 
 claim, if the Survivor has any children by the second 
 marriage. 
 
 32 All grain collected, is considered Acquired proper- 
 ty, but crops not reaped, belong to, and devolve with 
 the ground. 
 
 •55 A Man’s Hereditary or Wife’s Dowry property 
 
ADOPTION. 
 
 9 
 
 being diminished during marriage, it must be made 
 good from the Acquired property if that suffices, or 
 otherwise there is no claim. 
 
 34 A piece of Ground being improved during mar- 
 riage, the Heirs of the Wife have no claim for those 
 improvements of any kind, should it belong to the Hus- 
 band’s Hereditary property; nor have the Husband’s 
 Heirs any claim, should it be the Wife’s Dowry pro- 
 perty. 
 
 35 A Stranger coming into the District, and bringing 
 no property, in marriage to a Native W^oman thereof, 
 his Heirs have no claim if he dies childless, but should 
 the Wife die first childless, he is entitled to retain 
 half the property, he has acquired by his own exer- 
 tions. 
 
 36 A Man who brought no property in marriage, can 
 if his Wife dies childless, only claim half the proper- 
 ty he has acquired by his own industry, but nothing 
 that has been acquired from the Wife’s Dowry; but 
 if he dies first, his Heirs can claim nothing. Also a 
 Woman who brought no property in marriage, dying 
 childless, her Heirs can claim nothing, nor has she 
 any claim if the Husband dies first. If neither party 
 brought property in marriage, the property acquired 
 during marriage will be divided on the death of either, 
 equally between the Survivor, and the Heirs of the 
 deceased. 
 
 ADOPTION. 
 
 37 Persons wishing to adopt a Child, must first ask leave 
 from their Brothers, Sisters, or nearest Heirs ; hav- 
 ing gained which, they must, in the presence of those 
 Heirs and other witnesses, including Barbers, and 
 Washermen, drink Saffron W’^ater in which the before 
 mentioned Heirs, and also the Parents of the Child 
 to be adopted, have dipped their fingers. 
 
10 
 
 ADOPTION. 
 
 38 The Brothers, Sisters, or H eirs, not agreeing, Saf- 
 fron Water cannot be drank; yet a -Child may be 
 adopted, to Avhcm may be becjiieathed one tenth of the 
 Husband’s Hereditary, and Wife’s Dowry property, 
 and more than one tenth of their Acquired property 
 if they have few debts. This adoption must be with 
 tlie Judge’s knowledge. 
 
 39 In both the above Cases, it is highly proper that 
 Deeds should be exec\tted by all the consenting parties. 
 
 40 The Child adopted as mentioned in Clause 37, in- 
 herits all the property of both Husband and Wife, 
 but if it dies childless, the property reverts back to the 
 nearest Heirs of the persons adopting. 
 
 41 If people have children of their own after adopting 
 a child, all inherit together, but the adopted Child lo- 
 ses all claim on its owm Parent’s property. 
 
 42 An adopting F ather drinking Saffron W ater alone, 
 the Child will succeed to the property of its own Mo- 
 ther; if the adopting Mother drank alone, the child 
 likewise succeeds to the property of its own F ather. 
 
 43 An adopted Boy and Girl may marry together if 
 not related in Blood, and if one of them dies childless 
 the Survivor inherits all. 
 
 44 An adopted Boy may marry the Daughter of per- 
 sons adopting him, provided they are not nearer rela- 
 ted in Blood than Brother’s or Sister’s Children, and 
 they will inherit fi’om one another as in the last 
 Clause. 
 
 45 If only part of the near Relations consent, and dip 
 their fingers in Saffron W ater, whilst others refuse, 
 a child may still be adopted, though it will only in- 
 herit the share of those Heirs who so consent; unless 
 the non consenting Heirs for ten years forget to take 
 possession, when they forfeit their claim- 
 
POSSESSION 
 
 11 
 
 46 Supposing there are three Brothers, only one of 
 whom has children, one of these children may be 
 adopted by either of the other Brothers, even against 
 the consent of the third Brother, and the property of 
 the Brother so adopting on his death, is equally divi- 
 ded between tlie adopted Child and the non consent- 
 ing Brother. In this case the non consenting Broth- 
 er can give away any of his property in his life time 
 to any of the children of the first Brother. 
 
 47 A man adopting a Boy, it goes over into his caste. 
 
 48 A Man adopting a Girl she goes into his caste, but 
 when she marries the children will belong to their 
 Father’s caste. 
 
 49 A Woman adopting a Child, it remains in its own 
 caste, although it will inherit the Wcman’s pioperty 
 after her death. 
 
 50 Amongst Slaves, children are always of their Mo- 
 ther’s Caste. 
 
 POSSESSION. 
 
 51 Two persons jointly possessing a piece of ground 
 without division; and one of them fencing olf and 
 planting a portion of it, the other may ask to have the 
 ground divided, but in complying therewith care must 
 be taken to give the improved part to the partner who 
 planted it, as the fruit of the trees clearly belong to 
 the Planter- 
 
 52 The above division may be delayed till the other 
 partner has also improved an equal share, and then 
 the division must be general. 
 
 53 A person planting Cocoanut Trees by permission 
 in another man’s ground, claims two-thirds of the fruit 
 if he furnished the plants; if not, he only claims one- 
 
12 
 
 POSSESSION. 
 
 third — or, if each furnished half the plants they divide 
 the produce equally. 
 
 54) A Person having a few Palmira Nuts in an Odi- 
 al Bed has no claim, if they grow up, as they belong 
 to the owner of the ground. 
 
 55 The produce of fruit-bearing Trees, planted with 
 care and trouble, entirely belongs to the planter, al- 
 though they should overhang another person’s ground. 
 
 56 The produce of trees growing without trouble, such 
 as Margosa, Tamarind, or Illepe, belongs to the 
 owners of the ground the branches overshadow. 
 
 57 The branches of such Trees as are specified in the 
 last Clause, may be cut by the owners of the grounds 
 they overshadow, without permission of the owner of 
 the ground the Trees grow on; and although a person 
 may cut down such Trees as grow in his own ground 
 lie must give tiie branches thereof to any person whose 
 grounds they overshadow. 
 
 The owners of the ground possess all young Pal- 
 mira Trees that grow upon it, even if the old Pal- 
 mira Trees belong to another person, except in the 
 Village of Araly, where the owners of the old Pal- 
 mira Trees take the young ones. 
 
 59 Owners of ground have aright to extirpate all young 
 plants growing thereon when wanted for cultivation. 
 
 60 In Timmoratchie and Patchilepally, if Trees only 
 and not Grounds are specified in the Thomboos, the 
 owners of the old Trees take the young ones, but if 
 the ground is specified, the owner of it, takes the 
 young Trees. 
 
 61 In Caretchy and Ponereen, where there are no 
 Thomboos the owners of old Trees take the young ones. 
 
GIFTS. 
 
 13 
 
 62 In Delft where the ground belongs to Government 
 the owners of the old Trees take the young ones. 
 
 GIFTS. 
 
 63 A Husband living separate from his Wife cannot 
 give any part of her Dowry property away; but if 
 they live together, he may, with her consent, give a 
 tenth part of it away.. 
 
 64 A Husband even without his Wife’s consent may 
 give away one tenth part of his Hereditary property. , 
 
 65 A Wife can give away nothing without the con- 
 sent of her Husband. 
 
 66 A married couple receiving a garden in gift, on 
 the death of either childless, it reverts to the nearest 
 Heirs of the Husband or Wife to whom the gift was 
 given, but the proceeds of it during marriage, belongs 
 to the Acquired property. 
 
 67 If any one gets a present of a Slave, Cow, Sheep, 
 Goat, or any thing that can be increased by procrea- 
 tion, it, as well as all its produce, belongs solely to 
 the person it was given to, married or unmarried, and 
 it will be inherited by his or her Heirs. 
 
 68 No compensation can be claimed for any part of a 
 Gift sold or diminished. 
 
 69 A married couple being childless may give away 
 part of their property of any hind to their Nephews 
 or Nieces, if the nearest relations consent; as also one 
 tenth of the Acquired property, even should they not 
 consent. Such Gifts to Nephews who die childless 
 devolve to their Brothers, or Brother’s children, and 
 Gifts to Nieces dying childless, to their Sister, or 
 Sister’s Children. Wanting these. Gifts devolve to 
 their Parents or Parent’s Heii’s, or eventually, to the 
 Donors or then’ Heirs. 
 
14 
 
 MORTGAGE. 
 
 70 A Husband may give a\^■ay by a regular Deed, 
 part of his Hereditary property to one of his Sons, 
 if he has no Daughters; and at the Parent’s death, 
 the Son may claim that Gift previous to the general 
 division of the property, if he can show tlie Gift Deed. 
 
 71 Should the Son last mentioned die childless, the 
 Gift would devolve to his Brothers, or their Children, 
 next to Parent or Parents, or eventually the gift with 
 half the property acquired on it would devolve to his 
 Uncles, and the other half acquisition to his Aunts. 
 
 72 Had the gift been given by the Mother in the last 
 case, it would devolve, on the Son’s death, to Brothers 
 or their Children, next to Parent or Parents, or, the 
 Gift and half the Acquired property to Aunts, and the 
 other half acquisition to Uncles. 
 
 73 A Gift from other than Parents, Avould devolve, 
 failing Brothers, Sisters, or Parents to the male and 
 female Heirs in equal shares. 
 
 74 Although property acquired by Sons before mar- 
 riage, belongs to the common Estate, as mentioned in 
 Clause ninth, yet they are entitled to keep Gifts of 
 any kind in their own possession. 
 
 75 If a Husband has given away to his Heirs any of 
 the Acquired property without his Wife’s knowledge 
 and they both die childless, the W ife’s Heirs are en- 
 titled to an equal portion of the Acquh’ed property, 
 previous to the general division. 
 
 MORTGAGE. 
 
 76 A garden being mortgaged, conditionally that the 
 produce is taken instead of interest, can only be re- 
 deemed after the crop is reaped. 
 
 77 In the last case, if the Mortgagee wishes for his 
 money back, he must deliver up possession of the gar- 
 den to the Mortgager, and wait one year for his mo- 
 
MORTGAGE. 
 
 15 
 
 ney. If at the expiration of that period it is not re- 
 deemed, it must be offered to the Heirs for purchase, 
 and if they refuse, the Mortgagee must keep the land, 
 and be confirmed in possession by a regular Deed. 
 
 78 It is the rule to redeem Warrago lands in July or 
 August, Paddy lands in August or September, or if 
 the Paddy ground was not sown that year, in Nov- 
 ember; Palmira, Betal, and Tobacco Gardens in 
 November. 
 
 79 A Mortgager wishing to redeem his land, and for- 
 getting to give due notice, must give the Mortgagee 
 a proper share of that year’s produce, according to the 
 usual custom of the Village; but if they cannot agree, 
 the Mortgagee holds the land that year. 
 
 80 A Mortgagee cannot prevent the sale of the ground 
 by the Mortgager, but must receive his money back 
 at the usual period of the year. 
 
 81 Fruit Trees are to be redeemed in December and 
 January; and up to the day they are so redeemed, the 
 Mortgagee may pluck all the fruits that can be con- 
 sidered ripe. 
 
 82 Should Slaves be mortgaged, the mortgager ought 
 to pay for any medical aid required but if the Mort- 
 gagee does it, he has no claim for remuneration. 
 
 83 Mortgaged Slaves dying, the Mortgager must pay 
 the money back to the Mortgagee. 
 
 84i Money advanced conditionally that Bullocks, or 
 Buffaloes should be lent to plough, the proprietor must 
 furnish other ones, should the cattle die. 
 
 If a person to whom Jewels are pledged, wears 
 them himself, or lends them out in any way to be worn 
 he can make no claim for interest on the sum so lent. 
 
 85 
 
16 
 
 HIRE. 
 
 HIRE. 
 
 86 A person liiving Cattle of any description, has a 
 claim for others, if those fall sick or die. 
 
 87 If hired cattle are hurt accidentally, the proprietor 
 has no claim for the loss, but if they are hurt from 
 carelessness, the hirer is answerable for the damage. 
 
 PURCHASES. 
 
 88 H eirs, Partners, Mortgagees, and neighbouring 
 land holders, are entitled to have the first choice for 
 purchasing any grounds put up for Sale. 
 
 89 If a garden is sold on which a Mortgage exists, 
 the first Deed must he cancelled and a new one pass- 
 ed in the name of the purchaser, if not redeemed as 
 in Clause 80. 
 
 90 There is no occasion for any Deeds being passed 
 on sales of cattle. 
 
 91 Bullocks sold as “fit for ploughing,” and not be- 
 ing found fit, may be returned back in fifteen days, at 
 the purchaser’s option. 
 
 92 A cow sold as having calved, and proving to be- 
 ing, and always having been, barren, may be return- 
 ed to the seller in one year, but a “Heifer” sold 
 and proving barren cannot be returned. 
 
 LOANS OF 3IONEY ON INTEREST. 
 
 93 Goods pledged as security for money lent, may be 
 sold on application to the Judge (by a regular suit) if 
 not redeemed with interest. 
 
 94 Securities must pay if the Debtor absconds, and 
 they may recover from him afterwards, unless it can 
 be proved that the Creditor fraudulently recommend- 
 ed the Debtor to abscond, on purpose to make the 
 Securities liable. 
 
LOANS OF MONEY ON INTEREST 
 
 17 
 
 95 irtwo persons joinlly borrow money, and the Ta- 
 mil expression “he who is present must pay the debt” 
 IS inserted in the Bond, the Creditor may recover the 
 whole sum from either Debtor, who may afterwards 
 l ecover half the debt from the joint borrower; but if 
 tlie expression is not there, only lialf the debt can be 
 recovered from each Debtor. 
 
 9t; If a man contracts debts witiiout his family’s know- 
 ledge, his own property is liable thereto at his de- 
 cease; or if he leaves none, his Sons are answerable 
 if tlie debt be duly and plainly proved. 
 
 97 If a Woman gets in debt without her Husband’s 
 knowledge, the Creditor cannot recover, unless it be 
 proved that she was a regular known “Trader” a( 
 ihe time the debt was contracted. If that be proved, 
 the claim must be paid from the Acquired property, 
 or if that is not sufficient, Irom her Dowiy properly 
 only. 
 
 98 When Interest undrawn (from the last day of pa^ - 
 ' ment if any) equals the amount of principal, no fur- 
 ther claim can be made. 
 
 99 If Money, t>r Paddy for seed corn, is lent, to re- 
 ceive Paddy for Interest, the f[uantity must Im stip- 
 ulated, and if the croj) fails no Interest can lie claim- 
 ed; if the Harvest is bad, interest must be calculated 
 accordingly. 
 
 KM) If a Man and his Wife jointly liorrow money on a 
 (Rirden, and neglecting to deliver it over to the cred- 
 itors, should afterwards give it in Dowry, tlic Credi- 
 tor cannot on their death claim the Garden, but must 
 recover from the i-emaining jiropcrty; and the Sons 
 arc also liable to the debt. 
 
 KU One jici son’s cultivating another’s field without 
 previous agreement, must pay the Goveriimeiit tithe, 
 
SLAVES 
 
 ifi 
 
 and 0110 (lurd oT tlic crop to tlie i’roprietor. If llic 
 ci'op fails he is to pay nothing. 
 
 103 If when an Agreement is made, the crop fails on 
 that ground only, and other grounds in the Village 
 have good harvests, the Cultivator must pay the 
 amount agreed on, as it is supposed the crop failed 
 merely from inattention. 
 
 MK3 F inc CTi'ains arc exchanged at an equal rate, but 
 
 !hiddy at one Parrah for one and a half Parrahs of 
 Fine Grain. 
 
 SLAVES. 
 
 lo t All Slaves must be registered. 
 
 105 Slaves must have their Proprietor’s leave before 
 they can marry. 
 
 10(i Slaves dying childless, the Blaster may claim the 
 Dowry and Hereditary properties, also the Acquisi- 
 tion, if both slaves belonged to him; otherwise the 
 Blasters divide the Acquired property. If the Mas- 
 ters are rich, the Slave’s Brothers and Sisters ought 
 to possess, if the Master permit, but not otherwise. 
 
 (07 A Child cannot inherit from its Father if the JVIo- 
 thcr did not belong to the same Blaster. 
 
 I OS A Blother dying, her Blaster may take half the 
 Dowry and one quarter of the Acquired property, or 
 at his will may give all to her children. 
 
 (00 All Children belong to the Proprietor of tlic 
 Blother. 
 
 I 10 SI aves living separate from their Blasters must main- 
 fain themselves, hut ought to perform their Blaster’s 
 Government serviees, and, fenee their fields, receiving 
 
SLAVES. 
 
 19 
 
 maintenance whilst so employed. Before the Eng- 
 lish came, they used to give, if of the Palla or Nal- 
 lava Casts, four fanams each, yearly to their Masters, 
 
 111 If Nallava or Palla Slaves whilst living separate 
 from their Masters, are brought to bed, they may de- 
 mand maintenance from their Masters, or may pawn 
 one of their children for it, Covias also claim main- 
 tenance in like manner, hut cannot pawn their children, 
 
 112 Persons selling Slaves who have lands, must take 
 possession of those lands before the Slave is sold, or 
 otherwise have no claim, 
 
 113 One giving a Slave Girl to another person, loses all 
 right to her, or her Goods. The Girl also has no 
 claim on her Parent’s property, nor can they give her 
 any thing Avithout her former Master’s consent, 
 
 114i A married couple having Children, may emanci- 
 pate any of their Slaves at pleasure, 
 
 115 A Man having no children may emancipate any 
 Slaves, by proclaiming it at the Church any three 
 Sundays, If they belong to his Wife’s Dowry, she 
 must consent. If there is any dispute they must ap- 
 point Arbitrators. 
 
 116 A Man having a child by his Slave may emanci- 
 jnatc it, and give it a donation not exceeding one tenth 
 from his Hereditary property. 
 
 117 An emancipated Slave dying childless, the proper- 
 ty devolves to any Brother or Sister on the Mother’s 
 side that is or are also free ; — next, to the legitimate 
 children of the deceased’s Father or eventually to the, 
 persons from whom the deeeased reepived (he property 
 or their Heirs. 
 
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