The African Is Particularly Hard On Theft; He By No Means "Compounds
For Sins He Is Inclined To By Damning Those He Has No Mind To," For
Theft Is A Thing He Revels In.
Persons are tried for theft on circumstantial evidence, direct
testimony, and ordeal.
Laws relating to mortgage are practically
the same among Negroes and Bantu and Europeans. Torts are not
recognised; unless the following case from Cameroon points to a
vague realisation of them. A. let his canoe out to B., in good
order, so that B. could go up river, and fetch down some trade. B.
did not go himself, but let C., who was not his slave, but another
free man who also wanted to go up for trade, have the canoe on the
understanding that in payment for the loan of the said canoe C.
should bring down B's. trade.
A. was not told about this arrangement at all. B. says A. was, only
A. was so blind drunk at the time he did not understand. Well, up
river C. goes in the canoe, and fetches up on a floating stump in
the river, and staves a hole you could put your head in, in the bow
of the said canoe. C. returns it to B. in this condition. B.
returns it to A. in this condition. A. sues B. before native chief,
saying he lent his canoe to B. on the understanding, always implied
in African loans, that it was to be returned in the same state as
when lent, fair wear and tear alone excepted.
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