Studies in Moro History, Law, and Religion Part 12

Article XIX

Testimony of a slave which is detrimental to himself shall be accepted.

Article XX

Testimony of children and of the insane or imbecile shall be held invalid.

Article XXI

If a person enters a house without permission and in the absence of the owner, he shall be held responsible for and shall restore or pay for any article that may be found missing from said house. A person who enters the field of another shall likewise be held responsible for and shall restore or pay for any article that may be found missing from said field.

Article XXII

If a person loans or sells to a slave without the knowledge or consent of the master of the slave, the person who loans or sells shall be guilty of a misdemeanor; and the master of the slave shall not be held responsible for the transaction of his slave.

Article XXIII

If in the course of an agreement for the sale of property questions arise respecting the price or the amount of the sold property, and no witness can be obtained, the seller shall be sustained if he confirms his statement by oath; but the statement of the buyer shall be sustained if the seller fails to take oath.

Article XXIV

If the seller and the buyer differ as to whether a certain defect in the purchased property developed prior to or later than the date of the purchase, the seller's statement shall be sustained if he confirms it by oath; otherwise the buyer's statement shall be sustained.

Article XXV

If after the purchase of property the buyer discovers a defect in the property which existed prior to the sale or purchase, he may return the property to the seller and pay him a reasonable compensation proportional to the decrease occasioned in the value of the property through the detection of the defect; and the buyer shall then recover the purchase price of the property.

Article XXVI

No purchased property shall be returnable to the seller on account of a defect therein which has developed after the sale.

Article XXVII

If a person buys a slave and later discovers a defect in him and returns him to the seller, but the seller denies the slave's ident.i.ty, the statement of the seller shall be sustained if he confirms it by oath; otherwise the statement of the buyer shall be sustained. Similar cases pertaining to other kinds of property shall be judged similarly.

Article XXVIII

It shall be lawful to return promptly purchased property which is defective. The return shall not be delayed longer than prayer time or mealtime, or one night in event of the purchase having been made in the evening.

Article XXIX

If a creditor dies and his heirs sue his debtor, but the debtor denies the debt on the plea that the deceased creditor gave him as a gift, or in charity, or that he has paid for that for which he is sued, and there is no witness, the heir must swear. Failure to swear on the part of the heir shall render the debtor free from payment of the debt.

Article x.x.x

If a person buys property or a slave, and another person recognizes the slave or property as his own and lays claim thereto, and is able to produce a witness to that effect, the buyer shall return the purchased property or the slave to the seller, but shall recover whatever he has paid.

Article x.x.xI

If a person finds his property in the possession of another, and is able to recover it without any injury or injustice, he shall be justified in so doing. But in the event of an objection being raised to the recovery or in case an injury or injustice is unavoidable in recovering the property, he shall present the matter to the datu and to the judge, after which it shall be justifiable for him to take his property even though it be necessary to break through a door or through walls to do so. Under any circ.u.mstances he shall have the right to recover his property, or its equivalent in kind, or any other subst.i.tute not in excess of the value of the property.

Article x.x.xII

If, while a person is spying on the house of another, the occupants throw a stone or other thing out of the house and thereby cause the death of the spy, no guilt shall be attached to their action.

Article x.x.xIII

If the provisions or the fowls of a person are eaten by cats or cattle, and the owners thereof are notified by the injured person to secure their animal or animals, and the warning or notice is disregarded so that the provisions or fowls are eaten up, the owners of the cats or cattle shall be held responsible for the loss.

Article x.x.xIV

Section 1. If a person seduces or cohabits with a female slave, held by him as security for debt, with the knowledge or consent of the debtor, he shall not be held guilty; but he shall give her a dower.

Sec. 2. If the seduction or cohabitation occurs without the consent of the debtor, the creditor shall be liable to a fine, or shall give the woman a dower to be paid to the debtor.

Sec. 3. If the creditor begets a child of the slave held as security in the preceding section, he shall buy the child from the debtor; otherwise the child shall become the slave of the debtor.

Article x.x.xV

If the creditor and the debtor differ as to the security or its amount, the debtor's statement shall be sustained if confirmed by oath; otherwise the statement of the creditor shall be sustained.

Article x.x.xVI

If the security is lost and no blame is attached to the creditor, he shall not be held responsible for the loss, and the debtor shall not be relieved from his debt.

Article x.x.xVII

If a princ.i.p.al and his agent differ, and the agent claims that he has acted in accordance with the orders of his princ.i.p.al, and the claim be denied by the princ.i.p.al, the statement of the latter shall be sustained if confirmed by oath.