Studies in Moro History, Law, and ReligionSaleeby, Najeeb M. (Najeeb Mitry)
History
Studies in Moro History, Law, and Religion
Saleeby, Najeeb M. (Najeeb Mitry)
Law -- Philippines; Mindanao Island (Philippines) -- History; Muslims -- Philippines
In case a person orders another person to climb up a tree and the
climber falls from the tree, there shall be no liability to punishment,
whether the person dies or not. A medium fine only shall be paid as
blood money.
Article LIV
If a female slave in the possession of a certain person has a child
which is recognized by another person as his own child and born of
the slave during her stay in his possession, and the claim is denied
by her present owner and there is a witness to the truth of the claim,
the plaintiff shall confirm his testimony by oath. Failure to confirm
this testimony by oath and the lack of conclusive evidence that the
child is a free child, begotten by the plaintiff of the slave, shall
render the claim null.
Article LV
If a man recognizes a slave whom he has liberated in the possession
of another man who denies the claim, and there is a witness who
bears out the claim of the plaintiff, the plaintiff shall confirm
his statement by an oath, and, having taken an oath, may recover his
slave and reliberate him. But his statement shall not be sustained
if an oath is not taken.
Article LVI
Section 1. If two persons enter into partnership and later one of them
asks the other to sell the property or stock and divide the proceeds,
and the property is sold and its amount received, but the seller
claims the whole amount as his, to which the other partner objects
on the ground that it belongs to the partnership; or if the seller
claims that it belongs to the partnership, and the other partner
claims that it is his own, the statement of the person in possession
of the property or its price shall be sustained if confirmed by oath;
but otherwise it shall be rejected.
Sec. 2. If in the preceding case the seller divides the proceeds and
gives his partner a part thereof and holds the remainder for himself,
claiming that the amount of the proceeds has been divided, but the
other partner refuses to accept the division on the ground that it
has not occurred, the claim against the division by the complaining
partner shall be sustained if confirmed by oath; otherwise it shall
not be sustained.
Sec. 3. If one of the two partners in the preceding case buys and
takes possession of the property of the partnership and then denies
that it is the former property, claiming that it has been bought by
some one else, to which the other partner objects as a false claim,
the statement of the latter shall be sustained if confirmed by oath;
otherwise the buyer's statement shall be sustained.
Article LVII
Section 1. If a free man kills another free man, or a free woman kills
another free woman, or a slave kills another slave, the slayer shall
be punished.
Sec. 2. If a free man kills a slave, the free man shall not be put
to death.
Sec. 3. If a slave or other servant kills a free person, he shall be
put to death.
Article LVIII
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