LAWS AND CUSTOMS.
MODE OF DECIDING CAUSES.
CODE OF LAWS.
LAWS OR CUSTOMS.
There is no word in the languages of the island which properly and
strictly signifies law; nor is there any person or class of persons among
the Rejangs regularly invested with a legislative power. They are
governed in their various disputes by a set of long-established customs
(adat), handed down to them from their ancestors, the authority of which
is founded on usage and general consent. The chiefs, in pronouncing their
decisions, are not heard to say, "so the law directs," but "such is the
custom." It is true that, if any case arises for which there is no
precedent on record (of memory), they deliberate and agree on some mode
that shall serve as a rule in future similar circumstances. If the affair
be trifling that is seldom objected to; but when it is a matter of
consequence the pangeran, or kalippah (in places where such are present),
consults with the proattins, or lower order of chiefs, who frequently
desire time to consider of it, and consult with the inhabitants of their
dusun. When the point is thus determined the people voluntarily submit to
observe it as an established custom; but they do not acknowledge a right
in the chiefs to constitute what laws they think proper, or to repeal or
alter their ancient usages, of which they are extremely tenacious and
jealous. It is notwithstanding true that, by the influence of the
Europeans, they have at times been prevailed on to submit to innovations
in their customs; but, except when they perceived a manifest advantage
from the change, they have generally seized an opportunity of reverting
to the old practice.
MODE OF DECIDING CAUSES.
All causes, both civil and criminal, are determined by the several chiefs
of the district, assembled together at stated times for the purpose of
distributing justice. These meetings are called becharo (which signifies
also to discourse or debate), and among us, by an easy corruption,
bechars. Their manner of settling litigations in points of property is
rather a species of arbitration, each party previously binding himself to
submit to the award, than the exertion of a coercive power possessed by
the court for the redress of wrongs.
The want of a written criterion of the laws and the imperfect stability
of traditionary usage must frequently, in the intricacies of their suits,
give rise to contradictory decisions; particularly as the interests and
passions of the chiefs are but too often concerned in the determination
of the causes that come before them.
COMPILATION OF LAWS.
This evil had long been perceived by the English Residents, who, in the
countries where we are settled, preside at the bechars, and, being
instigated by the splendid example of the Governor-general of Bengal (Mr.
Hastings), under whose direction a code of the laws of that empire was
compiled (and translated by Mr. Halhed), it was resolved that the
servants of the Company at each of the subordinates should, with the
assistance of the ablest and most experienced of the natives, attempt to
reduce to writing and form a system of the usages of the Sumatrans in
their respective residencies. This was accordingly executed in some
instances, and, a translation of that compiled in the residency of Laye
coming into my possession, I insert it here, in the original form, as
being attended with more authority and precision than any account
furnished from my own memorandums could pretend to.
REJANG LAWS.
For the more regular and impartial administration of justice in the
Residency of Laye, the laws and customs of the Rejangs, hitherto
preserved by tradition, are now, after being discussed, amended, and
ratified, in an assembly of the pangeran, pambarabs, and proattins,
committed to writing in order that they may not be liable to alteration;
that those deserving death or fine may meet their reward; that causes may
be brought before the proper judges, and due amends made for defaults;
that the compensation for murder may be fully paid; that property may be
equitably divided; that what is borrowed may be restored; that gifts may
become the undoubted property of the receiver; that debts may be paid and
credits received agreeably to the customs that have been ever in force
beneath the heavens and on the face of the earth. By the observance of
the laws a country is made to flourish, and where they are neglected or
violated ruin ensues.
BECHARS, SUITS, OR TRIALS.
PROCESS IN SUITS.
The plaintiff and defendant first state to the bench the general
circumstances of the case. If their accounts differ, and they consent to
refer the matter to the decision of the proattins or bench, each party is
to give a token, to the value of a suku, that he will abide by it, and to
find security for the chogo, a sum stated to them, supposed to exceed the
utmost probable damages.
If the chogo do not exceed 30 dollars the bio or fee paid by each is
1 1/4 dollars.
If the chogo do not exceed 30 to 50 dollars the bio or fee paid by each
is 2 1/2 dollars.
If the chogo do not exceed 50 to 100 dollars the bio or fee paid by each
is 5 dollars.
If the chogo do not exceed 100 dollars and upwards the bio or fee paid by
each is 9 dollars.
All chiefs of dusuns, or independent tallangs, are entitled to a seat on
the bench upon trials.
If the pangeran sits at the bechar he is entitled to one half of all bio,
and of such fines, or shares of fines, as fall to the chiefs, the
pambarabs, and other proattins dividing the remainder.
If the pangeran be not present the pambarabs have one-third, and the
other proattins two-thirds of the foregoing. Though a single pambarab
only sit he is equally entitled to the above one-third. Of the other
proattins five are requisite to make a quorum.
No bechar, the chogo of which exceeds five dollars, to be held by the
proattins, except in the presence of the Company's Resident, or his
assistant.
If a person maliciously brings a false accusation and it is proved such,
he is liable to pay a sum equal to that which the defendant would have
incurred had his design succeeded; which sum is to be divided between the
defendant and the proattins, half and half.
The fine for bearing false witness is twenty dollars and a buffalo.
The punishment of perjury is left to the superior powers (orang alus).
Evidence here is not delivered on previous oath.
LAWS OF INHERITANCE.
If the father leaves a will, or declares before witnesses his intentions
relative to his effects or estate, his pleasure is to be followed in the
distribution of them amongst his children.
If he dies intestate and without declaring his intentions the male
children inherit, share and share alike, except that the house and pusako
(heirlooms, or effects on which, from various causes, superstitious value
is placed) devolve invariably to the eldest.
The mother (if by the mode of marriage termed jujur, which, with the
other legal terms, will be hereafter explained) and the daughters are
dependant on the sons.
If a man, married by semando, dies, leaving children, the effects remain
to the wife and children. If the woman dies, the effects remain to the
husband and children. If either dies leaving no children the family of
the deceased is entitled to half the effects.
OUTLAWRY.
Any person unwilling to be answerable for the debts or actions of his son
or other relation under his charge may outlaw him, by which he, from that
period, relinquishes all family connexion with him, and is no longer
responsible for his conduct.
The outlaw to be delivered up to the Resident or pangeran, accompanied
with his writ of outlawry, in duplicate, one copy to be lodged with the
Resident, and one with the outlaw's pambarab.
The person who outlaws must pay all debts to that day.
On amendment, the outlaw may be recalled to his family, they paying such
debts as he may have contracted whilst outlawed, and redeeming his writ
by payment of ten dollars and a goat, to be divided among the pangeran
and pambarabs.
If an outlaw commits murder he is to suffer death.
If murdered, a bangun, or compensation, of fifty dollars, is to be paid
for him to the pangeran.
If an outlaw wounds a person he becomes a slave to the Company or
pangeran for three years. If he absconds and is afterwards killed no
bangun is to be paid for him.
If an outlaw wounds a person and is killed in the scuffle no bangun is to
be paid for him.
If the relations harbour an outlaw they are held willing to redeem him,
and become answerable for his debts.
THEFT.
A person convicted of theft pays double the value of the goods stolen,
with a fine of twenty dollars and a buffalo, if they exceed the value of
five dollars: if under five dollars the fine is five dollars and a goat;
the value of the goods still doubled.
All thefts under five dollars, and all disputes for property, or offences
to that amount, may be compromised by the proattins whose dependants are
concerned.
Neither assertion nor oath of the prosecutor are sufficient for
conviction without token (chino) of the robbery, namely, some article
recovered of the goods stolen; or evidence sufficient.
If any person, having permission to pass the night in the house of
another, shall leave it before daybreak, without giving notice to the
family, he shall be held accountable for any thing that may be that night
missing.
If a person passing the night in the house of another does not commit his
effects to the charge of the owner of it, the latter is not accountable
if they are stolen during the night. If he has given them in charge, and
the stranger's effects only are lost during the night, the owner of the
house becomes accountable. If effects both of the owner and lodger are
stolen, each is to make oath to the other that he is not concerned in the
robbery, and the parties put up with their loss, or retrieve it as they
can.
Oaths are usually made on the koran, or at the grave of an ancestor,
according as the Mahometan religion prevails more or less. The party
intended to be satisfied by the oath generally prescribes the mode and
purport of it.
BANGUN, OR COMPENSATION FOR MURDER.
The bangun or compensation for the murder of a pambarab is 500 dollars.
The bangun or compensation for the murder of an inferior proattin is 250
dollars.
The bangun or compensation for the murder of a common person, man or boy,
is 80 dollars.
The bangun or compensation for the murder of a common person, woman or girl,
is 150 dollars.
The bangun or compensation for the murder of the legitimate children or
wife of a pambarab is 250 dollars.
Exclusive of the above, a fine of fifty dollars and a buffalo as tippong
bumi (expiation), is to be paid on the murder of a pambarab; of twenty
dollars and a buffalo on the murder of any other; which goes to the
pambarab and proattins.
The bangun of an outlaw is fifty dollars without tippong bumi.
No bangun is to be paid for a person killed in the commission of a robbery.
The bangun of pambarabs and proattins is to be divided between the pangeran
and pambarabs one half; and the family of the deceased the other half.
The bangun of private persons is to be paid to their families; deducting
the adat ulasan of ten per cent to the pambarabs and proattins.
If a man kills his slave he pays half his price as bangun to the
pangeran, and the tippong bumi to the proattins.
If a man kills his wife by jujur he pays her bangun to her family, or to
the proattins, according as the tali kulo subsists or not.
If a man kills or wounds his wife by semando he pays the same as for a
stranger.
If a man wounds his wife by jujur slightly he pays one tail or two
dollars.
If a man wounds his wife by jujur with a weapon and an apparent intention
of killing her he pays a fine of twenty dollars.
If the tali kulo (tie of relationship) is broken the wife's family can no
longer claim bangun or fine: they revert to the proattins.
If a pambarab wounds his wife by jujur he pays five dollars and a goat.
If a pambarab's daughter, married by jujur, is wounded by her husband he
pays five dollars and a goat.
For a wound occasioning the loss of an eye or limb or imminent danger of
death half the bangun is to be paid.
For a wound on the head the pampas or compensation is twenty dollars.
For other wounds the pampas from twenty dollars downwards.
If a person is carried off and sold beyond the hills the offender, if
convicted, must pay the bangun. If the person has been recovered previous
to the trial the offender pays half the bangun.
If a man kills his brother he pays to the proattins the tippong bumi.
If a wife kills her husband she must suffer death.
If a wife by semando wounds her husband her relations must pay what they
would receive if he wounded her.
DEBTS AND CREDITS.
DEBTS.
On the death of a person in debt (unless he die an outlaw, or married
byambel-anak) his nearest relation becomes accountable to the creditors.
Of a person married by ambel-anak the family he married into is
answerable for debts contracted during the marriage: such as were
previous to it his relations must pay.
A father, or head of a family, has hitherto been in all cases liable to
the debts of his sons, or younger relations under his care; but to
prevent as much as possible his suffering by their extravagance it is now
resolved:
That if a young unmarried man (bujang) borrows money, or purchases goods
without the concurrence of his father, or of the head of his family, the
parent shall not be answerable for the debt. Should the son use his
father's name in borrowing it shall be at the lender's risk if the father
disavows it.
If any person gives credit to the debtor of another (publicly known as
such, either in the state of mengiring, when the whole of his labour
belongs to the creditor, or of be-blah, when it is divided) the latter
creditor can neither disturb the debtor for the sum nor oblige the former
to pay it. He must either pay the first debt (membulati, consolidate) or
let his claim lie over till the debtor finds means to discharge it.
Interest of money has hitherto been three fanams per dollar per month, or
one hundred and fifty per cent per annum. It is now reduced to one fanam,
or fifty per cent per annum, and no person is to receive more, under
penalty of fine, according to the circumstances of the case.
No more than double the principal can in any case be recovered at law. A
person lending money at interest, and letting it lie over beyond two
years, loses the surplus.
No pepper-planter to be taken as a debtor mengiring, under penalty of
forty dollars.
A planter in debt may engage in any work for hire that does not interfere
with the care of his garden, but must on no account mengiring, even
though his creditor offers to become answerable for the care of his
garden.
If a debtor mengiring absconds from his master (or creditor, who has a
right to his personal service) without leave of absence he is liable to
an increase of debt at the rate of three fanams per day. Females have
been hitherto charged six fanams, but are now put upon a footing the same
as the men.
If a debtor mengiring, without security, runs away, his debt is liable to
be doubled if he is absent above a week.
If a man takes a person mengiring, without security for the debt, should
the debtor die in that predicament the creditor loses his money, having
no claim on the relations for it.
If a person takes up money under promise of mengiring at a certain
period, should he not perform his agreement he must pay interest for the
money at one fanam per dollar per month.
If a person, security for another, is obliged to pay the debt he is
entitled to demand double from the debtor; but this claim to be moderated
according to circumstances.
If a person sues for a debt which is denied the onus probandi lies with
the plaintiff. If he fails in proof the defendant, on making oath to the
justness of his denial, shall be acquitted.
If a debtor taking care of a pepper garden, or one that gives half
produce to his creditor (be-blah), neglects it, the person in whose debt
he is must hire a man to do the necessary work; and the hire so paid
shall be added to the debt. Previous notice shall however be given to the
debtor, that he may if he pleases avoid the payment of the hire by doing
the work himself.
If a person's slave, or debtor mengiring, be carried off and sold beyond
the hills the offender is liable to the bangun, if a debtor, or to his
price, if a slave. Should the person be recovered the offender is liable
to a fine of forty dollars, of which the person that recovers him has
half, and the owner or creditor the remainder. If the offender be not
secured the reward shall be only five dollars to the person that brings
the slave, and three dollars the debtor, if on this side the hills; if
from beyond the hills the reward is doubled.
LAWS REGARDING MARRIAGE.
The modes of marriage prevailing hitherto have been principally by jujur,
or by ambel-anak, the Malay semando being little used. The obvious ill
consequences of the two former, from the debt or slavery they entailed
upon the man that married, and the endless lawsuits they gave rise to,
have at length induced the chiefs to concur in their being as far as
possible laid aside; adopting in lieu of them the semando malayo, or
mardiko, which they now strongly recommend to their dependants as free
from the encumbrances of the other modes, and tending, by facilitating
marriage, and the consequent increase of population, to promote the
welfare of their country. Unwilling, however, to abolish arbitrarily a
favourite custom of their ancestors, marriage by jujur is still permitted
to take place, but under such restrictions as will, it is hoped,
effectually counteract its hitherto pernicious consequences. Marriage by
ambel-anak, which rendered a man and his descendants the property of the
family he married into, is now prohibited, and none permitted for the
future, but, by semando, or jujur, subject to the following regulations.
The jujur of a virgin (gadis) has been hitherto one hundred and twenty
dollars: the adat annexed to it have been tulis-tanggil, fifteen dollars;
upah daun kodo, six dollars, and tali kulo, five dollars:
The jujur of a widow, eighty dollars, without the adat; unless her
children by the former marriage went with her, in which case the jujur
gadis was paid in full.
It is now determined that, on a man's giving his daughter in marriage by
jujur for the future, there shall, in lieu of the above, be fixed a sum
not exceeding one hundred and fifty dollars, to be in full for jujur and
all adat whatever. That this sum shall, when the marriage takes place, be
paid upon the spot; that if credit is given for the whole, or any part,
it shall not be recoverable by course of law; and as the sum includes the
tali kulo, or bond of relationship, the wife thereby becomes the absolute
property of the husband. The marriage by jujur being thus rendered
equivalent to actual sale, and the difficulty enhanced by the necessity
of paying the full price upon the spot, it is probable that the custom
will in a great measure cease, and, though not positively, be virtually
abolished. Nor can a lawsuit follow from any future jujur.
The adat, or custom, of the semando malayo or mardiko, to be paid by the
husband to the wife's family upon the marriage taking place, is fixed at
twenty dollars and a buffalo, for such as can afford it; and at ten
dollars and a goat, for the poorer class of people.
Whatever may be acquired by either party during the subsistence of the
marriage becomes joint property, and they are jointly liable to debts
incurred, if by mutual consent. Should either contract debts without the
knowledge and consent of the other the party that contracts must alone
bear them in case of a divorce.
If either party insists upon, or both agree in it, a divorce must follow.
No other power can separate them. The effects, debts, and credits in all
cases to be equally divided. If the man insists upon the divorce he pays
a charo of twenty dollars to the wife's family, if he obtained her a
virgin; if a widow, ten dollars. If the woman insists on the divorce no
charo is to be paid. If both agree in it the man pays half the charo.
If a man married by semando dies--Vide Inheritance.
If a man carries off a woman with her consent, and is willing either to
pay her price at once by jujur, or marry her by semando, as the father or
relations please, they cannot reclaim the woman, and the marriage takes
place.
If a man carries off a girl under age (which is determined by her not
having her ears bored and teeth filed--bulum bertinde berdabong), though
with her own consent, he pays, exclusive of the adat jujur, or semando,
twenty dollars if she be the daughter of a pambarab, and ten dollars for
the daughter of any other, whether the marriage takes place or not.
If a risau, or person without property and character, carries off a woman
(though with her own consent) and can neither pay the jujur, nor adat
semando, the marriage shall not take place, but the man be fined five
dollars and a goat for misdemeanour. If she be under age, his fine ten
dollars and a goat.
If a man has but one daughter, whom, to keep her near him, he wishes to
give in marriage by semando; should a man carry her off, he shall not be
allowed to keep her by jujur, though he offer the money upon the spot. If
he refuses to marry her by semando, no marriage takes place, and he
incurs a fine to the father of ten dollars and a goat.
If a man carries off a woman under pretence of marriage he must lodge her
immediately with some reputable family. If he carries her elsewhere, for
a single night he incurs a fine of fifty dollars, payable to her parents
or relations.
If a man carries off a virgin against her inclination (me-ulih) he incurs
a fine of twenty dollars and a buffalo: if a widow, ten dollars and a
goat, and the marriage does not take place. If he commits a rape, and the
parents do not choose to give her to him in marriage, he incurs a fine of
fifty dollars.
The adat libei, or custom of giving one woman in exchange for another
taken in marriage, being a modification of the jujur, is still admitted
of; but if the one be not deemed an equivalent for the other the
necessary compensation (as the pangalappang, for nonage) must be paid
upon the spot, or it is not recoverable by course of law. If a virgin is
carried off (te-lari gadis) and another is given in exchange for her, by
adat libei, twelve dollars must be paid with the latter as adat ka-salah.
A man married by ambel-anak may redeem himself and family on payment of
the jujur and adat of a virgin before-mentioned.
The charo of a jujur marriage is twenty-five dollars. If the jujur be not
yet paid in full and the man insists on a divorce he receives back what
he has paid, less twenty-five dollars. If the woman insists no charo can
be claimed by her relations. If the tali kulo is putus (broken) the wife
is the husband's property and he may sell her if he pleases.
If a man compels a female debtor of his to cohabit with him her debt, if
the fact be proved, is thereby discharged, if forty dollars and upwards:
if under forty the debt is cleared and he pays the difference. If she
accuses her master falsely of this offence her debt is doubled. If he
cohabits with her by her consent her parents may compel him to marry her,
either by jujur or semando, as they please.
If an unmarried woman proves with child the man against whom the fact is
proved must marry her; and they pay to the proattins a joint fine of
twenty dollars and a buffalo. This fine, if the parties agree to it, may
be levied in the country by the neighbouring proattins (without bringing
it before the regular court).
If a woman proves with child by a relation within the prohibited degrees
they pay to the proattins a joint fine of twice fifty dollars and two
buffaloes (hukum duo akup).
A marriage must not take place between relations within the third degree,
or tungal nene. But there are exceptions for the descendants of females
who, passing into other families, become as strangers. Of two brothers,
the children may not intermarry. A sister's son may marry a brother's
daughter; but a brother's son may not marry a sister's daughter.
If relations within the prohibited degrees intermarry they incur a fine
of twice fifty dollars and two buffaloes, and the marriage is not valid.
On the death of a man married by jujur or purchase, any of his brothers,
the eldest in preference, if he pleases, may succeed to his bed. If no
brother chooses it they may give the woman in marriage to any relation on
the father's side, without adat, the person who marries her replacing the
deceased (mangabalu). If no relation takes her and she is given in
marriage to a stranger he may be either adopted into the family to
replace the deceased, without adot, or he may pay her jujur, or take her
by semando, as her relations please.
If a person lies with a man's wife by force he is deserving of death; but
may redeem his head by payment of the bangun, eighty dollars, to be
divided between the husband and proattins.
If a man surprises his wife in the act of adultery he may put both man
and woman to death upon the spot, without being liable to any bangun. If
he kills the man and spares his wife he must redeem her life by payment
of fifty dollars to the proattins. If the husband spares the offender, or
has only information of the fact from other persons, he may not
afterwards kill him, but has his remedy at law, the fine for adultery
being fifty dollars, to be divided between the husband and the proattins.
If he divorces his wife on this account he pays no charo.
If a younger sister be first married, the husband pays six dollars, adat
pelalu, for passing over the elder.
GAMING.
All gaming, except cock-fighting at stated periods, is absolutely
prohibited. The fine for each offence is fifty dollars. The person in
whose house it is carried on, if with his knowledge, is equally liable to
the fine with the gamesters. A proattin knowing of gaming in his dusun
and concealing it incurs a fine of twenty dollars. One half of the fines
goes to the informer, the other to the Company, to be distributed among
the industrious planters at the yearly payment of the customs.
OPIUM FARM.
The fine for the retailing of opium by any other than the person who
farms the license is fifty dollars for each offence: one half to the
farmer, and the other to the informer.
EXECUTIVE POWER.
The executive power for enforcing obedience to these laws and customs,
and for preserving the peace of the country, is, with the concurrence of
the pangeran and proattins, vested in the Company's Resident.
Done at Laye, in the month Rabia-al akhir, in the year of the Hejra 1193,
answering to April 1779.
JOHN MARSDEN, Resident.
...
LAWS OR ADAT OF MANNA.
Having procured likewise a copy of the regulations sanctioned by the
chiefs of the Passummah country assembled at Manna, I do not hesitate to
insert it, not only as varying in many circumstances from the preceding,
but because it may eventually prove useful to record the document.
INHERITANCE.
If a person dies having children these inherit his effects in equal
portions, and become answerable for the debts of the deceased. If any of
his brothers survive they may be permitted to share with their nephews,
but rather as matter of courtesy than of right, and only when the effects
of the deceased devolved to him from his father or grandfather. If he was
a man of rank it is common for the son who succeeds him in title to have
a larger share. This succession is not confined to the eldest born but
depends much on private agreement in the family. If the deceased person
leaves no kindred behind him the tribe to which he belonged shall inherit
his effects, and be answerable for his debts.
DEBTS.
When a debt becomes due and the debtor is unable to pay his creditors, or
has no effects to deposit, he shall himself, or his wife, or his
children, live with the creditor as a bond-slave or slaves until redeemed
by the payment of the debt.
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.
If any person holding a pawn or pledge such as wearing-apparel, household
effects, or krises, swords, or kujur (lances), shall pledge it for a
larger sum than he advanced for it, he shall be answerable to the owner
for the full value of it, on payment of the sum originally advanced. If
any person holding as a pledge man, woman, or child shall pledge them to
any other at an advanced sum, or without the knowledge of the owner, and
by these means the person pledged should be sold as a slave, he shall
make good to the owner the full value of such slave, and pay a fine of
twenty-eight dollars. If any person whatever holding man, woman, or child
as a pawn, either with janji lalu (term expired) or not, or with or
without the consent of the original owner, shall sell such person as a
slave without the knowledge of the Resident and Chiefs, he shall be fined
twenty-eight dollars.
BUFFALOES.
CATTLE.
All persons who keep buffaloes shall register at the godong
(factoryhouse) their tingas or mark; and, in case any dispute shall
arise about a marked buffalo, no person shall be allowed to plead a mark
that is not registered. If any wild (stray) buffalo or buffaloes,
unmarked, shall be taken in a kandang (staked inclosure) they shall be
adjudged the property of any who takes upon himself to swear to them;
and, if it should happen that two or more persons insist upon swearing to
the same buffaloes, they shall be divided among them equally. If no
individual will swear to the property the buffaloes are to be considered
as belonging to the kalippah or magistrate of the district where they
were caught. The person who takes any buffaloes in his kandang shall be
entitled to a gratuity of two dollars per head. If any buffaloes get into
a pepper-garden, either by day or night, the owner of the garden shall
have liberty to kill them, without being answerable to the owner of the
buffaloes: yet, if it shall appear on examination that the garden was not
properly fenced, and from this defect suffers damage, the owner shall be
liable to such fine as the Resident and Chiefs shall judge it proper to
impose.
THEFT.
A person convicted of stealing money, wearing-apparel, household effects,
arms, or the like shall pay the owner double the value of the goods
stolen and be fined twenty-eight dollars. A person convicted of stealing
slaves shall pay to the owner at the rate of eighty dollars per head,
which is estimated to be double the value, and fined twentyeight
dollars. A person convicted of stealing betel, fowls, or coconuts shall
pay the owner double the value and be fined seven dollars, half of which
fine is to be received by the owner. If buffaloes are stolen they shall
be valued at twelve dollars per head: padi at four bakul (baskets) for
the dollar. If the stolen goods be found in the possession of a person
who is not able to account satisfactorily how he came by them he shall be
deemed the guilty person. If a person attempting to seize a man in the
act of thieving shall get hold of any part of his clothes which are
known, or his kris or siwah, this shall be deemed a sufficient token of
the theft. If two witnesses can be found who saw the stolen goods in
possession of a third person such person shall be deemed guilty unless he
can account satisfactorily how he became possessed of the goods. The oath
taken by such witnesses shall either include the descendants of their
father, or simply their own descendants, according to the discretion of
the chiefs who sit as judges. If several people sleep in one house, and
one of them leaves the house in the night without giving notice to any of
the rest, and a robbery be committed in the house that night, the person
so leaving the house shall be deemed guilty of the crime, provided the
owner of the stolen goods be willing to subject himself to an oath on the
occasion; and provided the other persons sleeping in the house shall
clear themselves by oath from being concerned in the theft: but if it
should happen that a person so convicted, being really innocent, should
in after time discover the person actually guilty, he shall have liberty
to bring his suit and recover. If several persons are sleeping in a house
and a robbery is committed that night, although none leave the house the
whole shall be obliged to make oath that they had no knowledge of, or
concern in, the theft, or on refusal shall be deemed guilty. In all cases
of theft where only a part of the stolen goods is found the owner must
ascertain upon oath the whole amount of his loss.
MURDER, WOUNDING, AND ASSAULT.
A person convicted of murder shall pay to the relations of the deceased a
bangun of eighty-eight dollars, one suku, and seventy-five cash; to the
chiefs a fine of twenty-eight dollars; the bhasa lurah, which is a
buffalo and one hundred bamboos of rice; and the palantan, which is
fourteen dollars. If a son kills his father, or a father his son, or a
man kills his brother, he shall pay a fine of twenty-eight dollars, and
the bhasa lurah as above. If a man kills his wife the relations of the
deceased shall receive half a bangun: if any other kills a man's wife the
husband is entitled to the bangun, but shall pay out of it to the
relations of the wife ten dollars. In wounds a distinction is made in the
parts of the body. A wound in any part from the hips upward is esteemed
more considerable than in the lower parts. If a person wounds another
with sword, kris, kujur, or other weapon, and the wound is considerable,
so as to maim him, he shall pay to the person wounded a half-bangun, and
to the chiefs half of the fine for murder, with half of the bhasa lurah,
etc. If the wound is trifling but fetches blood he shall pay the person
wounded the tepong of fourteen dollars, and be fined fourteen dollars. If
a person wounds another with a stick, bamboo, etc., he shall simply pay
the tepong of fourteen dollars. If in any dispute between two people
krises are drawn the person who first drew his kris shall be fined
fourteen dollars. If any person having a dispute assembles together his
friends with arms, he shall be fined twenty-eight dollars.
MARRIAGE, DIVORCE, ETC.
MARRIAGE.
There are two modes of marriage used here: one by purchase, called jujur
or kulu, the other by adoption, called ambel anak. First of jujur.
JUJUR.
When a person is desirous of marrying he deposits a sum of money in the
hands of the father of the virgin, which is called the pagatan. This sum
is not esteemed part of the purchase, but as an equivalent for the
dandanan (paraphernalia, or ornamental apparel) of the bride, and is not
fixed but varies according to the circumstances and rank of the father.
The amount of the jujur is fixed at seventy dollars, including the hurup
niawa (price of life), forty dollars, a kris with gold about the head and
silver about the sheath, valued at ten dollars, and the meniudakan billi
or putus kulo (completion of purchase) at twenty. If a young man runs
away with a gadis or virgin without the consent of the father he does not
act contrary to the laws of the country; but if he refuses to pay the
full jujur on demand he shall be fined twentyeight dollars. If the
father, having received the pagatan of one man, marries his daughter to
another before he returns the money to the first, he shall be fined
fourteen dollars, and the man who marries the daughter shall also be
fined fourteen dollars. In case of divorce (which may take place at the
will of either party) the dandanan brought by the wife is to be valued
and to be deducted from the purchase-money. If a divorce originates from
the man, and before the whole purchasemoney is paid, the man shall
receive back what he has advanced after deducting the dandanan as above,
and fourteen dollars, called penusutan. If the divorce originates with
the woman the whole purchase-money shall be returned, and the children,
if any, remain with the father. If a divorce originates with the man,
when the whole purchase-money has been paid, or kulo sudah putus, he
shall not be entitled to receive back the purchase-money, but may recall
his wife whenever it shall be agreeable to him. An exact estimation is
made of the value of the woman's ornaments, and what are not restored
with her must be made good by the husband. If there are children they are
in this case to be divided, or if there be only one the husband is to
allow the woman fifteen dollars, and to take the child. Secondly, of
ambel anak.
AMBEL ANAK.
When a man marries after the custom called ambel anak he pays no money to
the father of the bride, but becomes one of his family, and is entirely
upon the footing of a son, the father of his wife being thenceforward
answerable for his debts, etc., in the same manner as for his own
children. The married man becomes entirely separate from his original
family, and gives up his right of inheritance. It is however in the power
of the father of the wife to divorce from her his adopted son whenever he
thinks proper, in which case the husband is not entitled to any of the
children, nor to any effects other than simply the clothes on his back:
but if the wife is willing still to live with him, and he is able to
redeem her and the children by paying the father a hundred dollars, it is
not at the option of the father to refuse accepting this sum; and in that
case the marriage becomes a kulo or jujur, and is subject to the same
rules. If any unmarried woman is convicted of incontinence, or a married
woman of adultery, they shall pay to the chiefs a fine of forty dollars,
or in defect thereof become slaves, and the man with whom the crime was
committed shall pay a fine of thirty dollars, or in like manner become a
slave; and the parties between them shall also be at the expense of a
buffalo and a hundred bamboos of rice. This is called the gawe pati or
panjingan. If an unmarried woman proves with child and refuses to name
the man with whom she was guilty she shall pay the whole fine of seventy
dollars, and furnish the buffalo, etc. If a woman after marriage brings
forth a child before the due course of nature she shall be fined
twenty-eight dollars. If a man keeps a young woman in his house for any
length of time, and has a child by her without being regularly married,
he shall be fined twenty-eight dollars, and furnish a buffalo and a
hundred bamboos of rice. If a person detects the offenders in the act of
adultery, and, attempting to seize the man, is obliged to kill him in
self-defence, he shall not pay the bangun, nor be fined, but only pay the
bhasa lurah, which is a buffalo and a hundred bamboos of rice. On the
other hand, if the guilty person kills the one who attempts to seize him,
he shall be deemed guilty of murder and pay the bangun and fine
accordingly. If a man holding a woman as a pawn, or in the condition of
mengiring shall commit fornication with her, he shall forfeit his claim
to the debt, and the woman become free.
OUTLAWRY.
If the members of a family have suffered inconvenience from the ill
conduct of any of their relations by having been rendered answerable for
their debts, etc., it shall be in their power to clear themselves from
all future responsibility on his account by paying to the chiefs the sum
of thirty dollars, a buffalo, and a hundred bamboos of rice. This is
termed buang surat. Should the person so cast out be afterwards murdered
the relations have forfeited their right to the bangun, which devolves to
the chiefs.
Dated at Manna, July 1807.
JOHN CRISP, Resident.