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.