[128] Torday and Joyce, _J. A. I._, XXXV, 410. The right of a father to his children was established only by contract. Even where the wife had been given up by her kindred and allowed to live with her husband, we find that the children may be claimed by her family. Thus among the Makolo the price paid on marriage might merely cover the right to have the wife, and in this case the children belonged to the wife’s family. It might, however, cover a certain right to the children if that had been contracted for, but never such a right as separated them wholly from the mother’s family. To effect this it was necessary that a further price should be paid at the father’s death. This sum once paid, her family had “given her up” and her children were entirely severed from them.[129] The legal acknowledgment of fatherhood in all cases had to be paid for. [129] McLennan, _The Patriarchal Theory_, pp. 324-325, 240. There are many customs pointing to this new father-force asserting itself, and pushing aside the mother-power. In Africa, among the Bavili the mother has the right to pawn her child, but she must first consult the father, so that he may have a chance of giving her goods to save the pledging.[130] This is very plainly a step towards father-right. There is no distinction between legitimate and illegitimate children. Similar conditions prevail among the Alladians of the Ivory Coast, but here the mother cannot pledge her children without the consent of her brother or other male head of the family. The father has the right to ransom the child.[131] An even stronger example of the property value of children is furnished by the custom found among many tribes, by which the father has to make a present to the wife’s family when a child dies: this is called “buying the child.”[132] A similar custom prevails among the Maori people of New Zealand; when a child dies, or even meets with an accident, the mother’s relations, headed by her brothers, turn out in force against the father. He must defend himself until wounded. Blood once drawn, the combat ceases; but the attacking party plunders his house and appropriates the husband’s property, and finally sits down to a feast provided by him.[133] [130] Dennett, _Jour. Afr. Soc._, I, 266. [131] _Jour. Afr. Soc._, I, 412. [132] Hartland, _Primitive Paternity_, Vol. I, pp. 275 _et seq._ [133] _Old New Zealand_, p. 110.