The History of Sumatra Part 22

The bangun of an outlaw is fifty dollars without tippong b.u.mi.

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 b.u.mi 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 b.u.mi.

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. .h.i.therto 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. .h.i.therto 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 circ.u.mstances of the case.

No more than double the princ.i.p.al 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 ent.i.tled to demand double from the debtor; but this claim to be moderated according to circ.u.mstances.

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 princ.i.p.ally 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 enc.u.mbrances 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. .h.i.therto 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 cla.s.s 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.