Part 23 (1/2)

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 (huk.u.m 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, pa.s.sing 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 pa.s.sing over the elder.

GAMING.

All gaming, except c.o.c.k-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 Pa.s.summah country a.s.sembled at Manna, I do not hesitate to insert it, not only as varying in many circ.u.mstances from the preceding, but because it may eventually prove useful to record the doc.u.ment.