The history of Sumatra : $b Containing an account of the government, laws, customs and manners of the native inhabitantsMarsden, William
History
The history of Sumatra : $b Containing an account of the government, laws, customs and manners of the native inhabitants
Marsden, William
Natural history -- Indonesia -- Sumatra; Sumatra (Indonesia)
If a debt is contracted without any promise of interest none shall be
demanded, although the debt be not paid until some time after it first
became due. The rate of interest is settled at twenty per cent per annum;
but in all suits relating to debts on interest, how long soever they may
have been outstanding, the creditor shall not be entitled to more
interest than may amount to a sum equal to the capital: if the debt is
recent it shall be calculated as above. If any person lends to another a
sum exceeding twenty-five dollars and sues for payment before the chiefs
he shall be entitled only to one year's interest on the sum lent. If
money is lent to the owner of a padi-plantation, on an agreement to pay
interest in grain, and after the harvest is over the borrower omits to
pay the stipulated quantity, the lender shall be entitled to receive at
the rate of fifteen dollars for ten lent; and if the omission should be
repeated another season the lender shall be entitled to receive double
the principal. In all cases of debt contested the onus probandi lies with
the demandant, who must make good his claim by creditable evidence, or in
default thereof the respondent may by oath clear himself from the debt.
On the other hand, if the respondent allows such a debt to have existed
but asserts a previous payment, it rests with him to prove such payment
by proper evidence, or in defect the demandant shall by oath establish
his debt.
EVIDENCE AND OATHS.
EVIDENCE.
In order to be deemed a competent and unexceptionable evidence person
must be of a different family and dusun from the person in whose behalf
he gives evidence, of good character, and a free man: but if the dispute
be between two inhabitants of the same dusun persons of such dusun are
allowed to be complete evidence. In respect to the oath taken by the
principals in a dispute the hukuman (or comprehensive quality of the
oath) depends on the nature of the property in dispute: if it relates to
the effects of the grandfather the hukuman must extend to the descendants
from the grandfather; if it relates to the effects of the father it
extends to the descendants of the father, etc. If any of the parties
proposed to be included in the operation of the oath refuse to subject
themselves to the oath the principal in the suit loses his cause.
PAWNS OR PLEDGES.
Public-domain text, read in full here on John Shaqi.
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