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484
FETISH
chap.

compliment; and if he has been an important man, a big man, the whole district will come, not in a squadron, but just when it suits them, exactly as if they were calling on a live friend. Thus it often happens that even a big woman is bankrupt by the expense. I will not go into the legal bearings of the case here, for they are intricate, and, to a great extent, only interesting to a student of Negro law.

The Bantu women occupy a far inferior position in regard to the rights of property to that held by the Negro women.

The disposal of wives after the death of the husband among the M'pongwe and Igalwa is a subject full of interest; but it is, like most of their law, very complicated. The brothers of the deceased are supposed to take them—the younger brother may not marry the elder brother's widows, but the elder brothers may marry those of the younger brother. Should any of the women object to the arrangement, they may "leave the family."

I own that the ground principle of African law practically is "the simple plan that they should take who have the power, and they should keep who can," and this tells particularly against women and children who have not got living, powerful relations of their own. Unless the children of a man are grown up and sufficiently powerful on their own account, they have little chance of sharing in the distribution of his estate; but in spite of this abuse of power there is among Negroes and Bantus a definite and acknowledged law, to which an appeal can be made by persons of all classes, provided they have the wherewithal to set the machinery of it in motion. The difficulty the children and widows have in sharing in the distribution of the estate of the father and husband arises, I fancy, in the principle of the husband's brothers being the true heir, which has sunk into a fossilised state near the trading stations in the face of the white culture. The reason for this inheritance of goods passing from the man to his brother by the same mother has no doubt for one of its origins the recognition of the fact that the brother by the same mother must be a near relation, whereas, in spite of the strict laws against adultery, the relationship to you of the children born of your wives is not so certain. Nevertheless