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NOTES ON THE CUSTOMARY LAW OF THE AWEMBA AND KINDRED TRIBES1

1915; Oxford University Press; Volume: XIV; Issue: LVI Linguagem: Inglês

10.1093/oxfordjournals.afraf.a099399

1468-2621

Cullen Gouldsbury,

Political and Social Issues

B, the wife of A, dies while pregnant.Action lies.A is considered as the "musoka" or murderer, and must pay blood-fine of one female person to B's relatives.(But note the following case.)Case 65.-Wife Dying after Childbirth.B, the wife of A, dies in childbed, after giving birth to her child.No action lies against A. 6 is considered to have committed adultery, and if she confesses, her paramour must pay the bloodfine for murder. Case 66.-Rape A ravishes B, an unmarried girl. If A consents to marry B no action lies (1). If he refuses he must pay B (or her relatives) 1 lupango.(A most striking instance of divergence from English law, tending to prove that a woman's honour is not a highly priced commodity among the Awemba 1) Case 67.-Rape.A ravishes B, who is married, and B conceives a child by him.The child goes to B's husband, and A must pay 3 mpango to him.Case 68.-Theft by Husband of Wife's Goods.A steals from B, his wife, a pot which is her private property.If B has children by A, no action lies.If not, A must either restore her the pot intact, or its value.Case 69.-Killing an Adulterer taken in Flagrante Delicto.A finds B sleeping with his wife, C, and kills him.A must pay a blood-fine to the Chief, since he has usurped the prerogative of life and death belonging to the Chief alone. 1 Case jo.-Breach of Promise.(Nanonde versus Chisulo, Mporokoso No. 23/1912, referred to Chief Mporokoso.)A, a woman, claimed damages from B for having had connection with her on the understanding that he would marry her, and afterwards repudiating her.The Chief ruled that, ac A agreed to the connection believing that it was a bond-fid* transaction, and that marriage would