academy of bcie N ce3] GENERAL PRINCIPLES OF ADMINISTRATION OF JUSTICE 163 



that no settlement has been made bamboo joints 5 are blown— the invariable signal in Mano- 

 boland of danger — and everybody goes into armed vigilance. Children and women are not 

 allowed to leave the house, and pigs are frequently taken from below and put up in the house 

 until the enraged creditor and his party have gone. 



I was in one place where such a state of things existed. My merchandise was taken by my 

 host from under the house and carefully hidden upstairs. I wished to go to meet the collecting 

 party but no one would volunteer to accompany me. 



If an agreement to pay has been brought about, the debtor has to make the settlement before 

 the departure of his creditor, even though it may require several days to complete the payment. 

 In this latter case the sustenance of the visiting party and all their needs fall, by custom, upon the 

 poor debtor. 



Such is the customary method of collecting debts when all peaceable efforts have been un- 

 availing. To understand the principle involved in it, as also the circumstances that bring it 

 about, it is necessary to bear in mind that once the creditor becomes disgusted with the delay of 

 his debtor in settling the account, be announces his intention to add to the indebtedness a finan- 

 cial equivalent of all fatigues 6 and expenses to be subsequently incurred in the collection of the 

 debt. These fatigues not only include the actual trips made both by himself and such messen- 

 gers as he may send to collect the debt, but such incidental losses, sicknesses, or accidents as 

 may be the outcome of such trips. 



Another principle recognized in this matter is the liability into which the debtor may fall 

 for such losses as the creditor may undergo through his failure to fulfill his obligations to a third 

 person. Thus A owes B a pig, and B owes C, who in his turn must pay a lance to D at a certain 

 time. On account of C's failure to deliver the lance in due time to D, he is, according to a pre- 

 vious contract, mulcted to the equivalent of 15 pesos. Had C been able to purchase a lance with 

 the pig that B owed him he would, by customary law, be justified in putting the fine of 15 

 pesos toB's account. B attributes his failure to A's delay and on the same grounds, adds 15 

 pesos to the latter's indebtedness. 



It is clear that the principle of liability involved in this system gives rise to an infinity of 

 disputes that may lead to bloodshed whenever the matter can not be arbitrated by the more 

 influential men and chiefs in a public assembly. The debt after a certain time increases beyond 

 reasonable proportions until it finally becomes so great as to be beyond the debtor's means. 

 Notwithstanding the sacredness with which the average Manobo regards his debts, it happens 

 occasionally that a little bad feeling springs up which, in the course of time may lead to serious 

 consequences. It will be readily understood how easy it is for one party to take umbrage at the 

 words or actions of another and to become obstinate. Happily, however, this does not happen 

 frequently, on account of the salutary fear inspired by the lance and the bolo, and the urgent 

 endeavors of the chiefs and the more influential men to settle matters amicably. I am surprised 

 that disputes and bloodshed arising from the great credit system do not occur more frequently 

 among such primitive people. 



Though in practice the relatives of a debtor assist him to settle his obligations, especially 

 when he is hard pressed by his creditor, yet in theory there is no joint obligation to pay the debt. 

 Neither do they, as a rule, assume a collective responsibility for it. 



Between relatives, as between others, the law regarding the payment of a debt is strenuously 

 maintained, though I know of no case between near relatives in which it led to more than family 

 bickerings. A very careful account of the indebtedness of one relative to another is sedulously 

 kept. 



INTEREST, LOANS, AND PLEDGES 



INTEREST 



No interest is charged unless an express contract is made to that effect. In the case of a loan 

 of paddy, however, even if no formal contract has been made, twice as much must be returned as 

 was borrowed. Express contracts that call for interest are rather rare, as far as my observation 



J Tam-biirli. ' Ka-hi-ga. 



64858 O - 41 - 12 



