FREE BOOKS

Author's List




PREV.   NEXT  
|<   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103  
104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   >>   >|  
never been cleared, or which, having been cleared, has been abandoned and reverted, must often be in a very large number of persons without defined rights. In fact, so far as bush land is concerned, one only has to remember that on the death of an owner it passes into joint ownership of children--that on the deaths of these children fresh groups of persons come into the joint ownership--that this may go on indefinitely, generation after generation--that bush, having once got into the ownership of many people, is hardly likely to again fall by descents into a single ownership--that indeed the tendency must be for the number of owners of any one portion of bush steadily to increase--and finally that there is no way by which the extensively divided ownership can be terminated by either partition or alienation--and one then realises the extraordinary complications of family ownership of bush land which must commonly exist. As regards both movable effects and gardens and bush land there must be endless occasions for dispute. How are the movable things to be divided among the inheritors, and, in particular, who is to take perhaps one valuable article, which may be worth all the rest put together? How are questions of doubtful claims to heirship to bush and garden land to be determined? How is the joint ownership of the gardens to be dealt with, and how is the work there to be apportioned, and the products of the gardens divided? How are the mutual rights of the bush land to be regulated, and especially what is to happen if each of two or more joint owners desires to clear and allocate to himself as a garden, a specially eligible piece of bush? Such situations in England would bristle with lawsuits, and I tried to find out how these questions were actually dealt with by the Mafulu; but there is no judicial system there, and the only answer I could get was that in these matters, as in the case of inter-community bush boundaries and personal bush boundaries, disputes were practically unknown; though it was pointed out to me, as regards bush land, that the amount of it belonging to any one family was usually so large that crowding out could hardly arise. If a man dies without male descendants in the male line, then, subject perhaps to some sort of claim of his daughters, if any, to share in his movable effects, his property goes to his nearest male relative or relatives in the male line. This would primarily be his father, i
PREV.   NEXT  
|<   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103  
104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   >>   >|  



Top keywords:

ownership

 

divided

 

movable

 

gardens

 

generation

 

cleared

 

boundaries

 

effects

 

owners

 

persons


number
 

rights

 

garden

 
family
 
children
 
questions
 

regulated

 
specially
 

desires

 

Mafulu


happen

 

allocate

 

situations

 

England

 

bristle

 

eligible

 

lawsuits

 

daughters

 

subject

 

descendants


property
 
primarily
 
father
 

relatives

 

nearest

 

relative

 

crowding

 

community

 
matters
 
judicial

system

 

answer

 
personal
 

disputes

 
amount
 

belonging

 
mutual
 

pointed

 

practically

 
unknown