10
The Gveen Bag.
LEGAL GLEANINGS FROM AFRICA. Bv GEORGE H. WESTLF.Y. A FEW hundred miles west of the Trans vaal lies Damaraland, which has been called a South African Arcadia. The travel ler in that country is impressed with many things, among them not least with the com plete communistic freedom with which the people appropriate the land and its products. If one sees a spot that strikes his fancy, he is at liberty to settle upon it and build a house. The stranger is quite as welcome to do so as the native. As long as he remains there, the land is his, but when he leaves, it reverts to the community. Some years ago the German missionaries offered to purchase land on which to erect their schools and churches. " No," said the chiefs. " You may live in our country as long as you wish and no one shall molest you as long as the land belongs to us, but we will not sell a bit of it to any man." The same communism prevails with re gard to what the earth bears or conceals. Everyone takes of its treasures wherever he finds them. Pasturage is free, and the fruits and ores of the land belong to all alike. When a thing has been separated from the earth, however, it belongs to the person who first secured it. Game belongs to the hunter who kills or wounds it. If a second hunter comes along and kills an animal already hit by another, the game belongs to the first. Their laws are well defined on this matter. When hunting parties are made up, the right to fire the first shot passes from one to another by turns, so that it is possible for each to get a piece of game. The hunter who has the right to fire the first shot is the real hunter, the others are, for the time being, only his assistants. If the hunter misses entirely, he
cannot shoot again until all the others have had a turn. Among the more singular laws of the country — laws which are mainly customs fixed by time and sustained by authority — are those concerning acquired property. Here their communism narrows down to family limits. It is the right of relatives to appropriate each other's goods to their own use, unless the owner is there to prevent. This right is exercised without scruple, and sometimes leads to comical scenes. A traveller in Damaraland relates the fol lowing: "A wealthy old chief, who had hundreds of dependents, possessed numerous articles of European clothing, without own ing a complete suit; but whenever he went out he had to put all his clothes on, how ever hot the weather. He came to me to be photographed one day, having on a pair of shoes, three pair of thick moleskin trousers, a waistcoat over an indefinite number of shirts, a large shawl around his body, a thick jacket, another shawl around his neck, a heavy dressing gown over all, and three caps of assorted styles on his head; and all this in a heat in which his aboriginal naked ness would have been much more comfort able — because he was afraid, if he left the garments at home, the members of his household would appropriate them. The same chief asked one of my friends for a piece of soap, so that he could wash his clothes himself; for he was afraid if he gave them to anyone else to wash, they would not be returned." The chief was very anxious to get a trunk with a lock on it. If the clothes are locked up, they are safe, for it is considered steal ing to take them when they are thus secured;
