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AFRICAN PROPERTY
chap.

am acquainted with, is firmly governed and is divisible into three kinds. Firstly, ancestral property connected with the office of headmanship, the Stool, as this office is called in the true Negro state, the Cap, as it is called down in Bas Congo; secondly, family property, in which every member of the family has a certain share, and on which he, she, or it has a claim; thirdly, private property, that which is acquired or made by a man or woman by their personal exertions, over and above that which is earned by them in co-operation with other members of their family which becomes family property, and that which is gained by gifts or made in trade by the exercise of a superior trading ability.

Every one of these forms of property is equally sacred in the eye of the African law. The property of the Stool must be worked for the Stool; working it well, increasing it, adds to the importance of the Stool, and makes the king who does so popular; but he is trustee, not owner, of the Stool property, and his family don't come in for that property on his death, for every profit made by the working of Stool property is like this itself the property of the Stool, and during the king's life he cannot legally alienate it for his own personal advantage, but can only administer it for the benefit of the Stool.

The king's power over the property of the family and the private property of the people under his rule, consists in the right of Ban, but not arrière Ban. Family property is much the same as regards the laws concerning it as Stool property. The head of the family is the trustee of it. If he is a spendthrift, or unlucky in its management, he is removed from his position. Any profit he may make with the assistance of a member of his own family becomes family property; but of course any profit he may make with the