— xui— 381 



The second kind of growing crop is that which 

 is not fenced in. In the case of land of this kind, 

 the value of a heast stahhed at night in the act of 

 trespassing must be made good in full by the owner 

 of the crop, and there is no obligation upon the owner 

 of the beast to make good the value of the damage 

 done by it. 



Should a beast be stabbed [trespassing] in day- 

 light, the rule is that twice its value must be paid, 

 except in the case of a notoriously vicious buffalo,* 

 only one-half of the value of which need be paid, and 

 the owner of which must make good the damage to 

 the crop. 



[Superior and Inferior Rights. Malacca Code.'] 



To declare the law regarding the fruit of trees 

 growing in the kampong of another or in the capital 

 town, if the proprietor (of the trees) does not give a 

 share of such fruit to the owner of the land, so that 

 they may enjoy it in common, but on the contrary sells 

 such fruit (for his own benefit), one-third of the value 

 thereof may be demanded, that is to say, two shares go 

 to the proprietor of the kampong and one share to the 

 owner of the land. If the former will not give it, but 

 in his anger cuts down the trees and the land-owner 

 presents himself before the j udge for redress, the j udge 

 must order the value of the trees to be paid in ac- 

 cordance with the customary price of all fruit-trees 

 growing in the kampong of others, and in like manner 

 fruit must be appraised, the above custom of dividing 

 in thirds being observed, and if it is sold by the 

 proprietor of the kampong the owner of the ancient 

 right to the land has the right to sue. 



* Compare the rule of English law as to animals of a known vicious disposi- 

 tion. Cox v. Bnrbidae, 18 C. B. N. fl. 430, 



