"ملف 5/201 عتق الرقيق والقواعد المتعلقة بالقضايا الناشئة عن صناعة صيد اللؤلؤ" [ظ‎‎١‎٥] (٥٠/٣٧)

■■■ ■
Mnnt* ■••■'"'■*
\W^ •
kules hegulating duties and obligations of nakhud \s amn pi^pqamq wliv-v tt^xti-w
jnakhudas andprrso^who lend them money for pearling business, becovery
Kulo 19. Creditor and debtor in same town
to
A, a towash or merchant, advances money on diving business
to Nakhuda H who goes to the Pearl Fishery ; at the end
of the season B is unable to satisfy A's claim in full.
(1) A can be merciful and advance more money to B
to enable him to continue business, and meet his
obligations to A by instalments.
Or (2) B can, with the intervention if necessary of the
Salifah, obtain an advance from C to enable him
to settle with A.
Or (3) Ling eh only. A is entitled to recover his claim
from B's indebted divers and haulers, if B can
not pay himself.
Or (4) A is entitled to seize Nakhuda B's books and
take over B's claims against his sailors, which
are B's assets ; the said sailors thus becoming
bound to A.
A is also entitled to seize B's boat. If the above settle
ment is only partial, A must wait till the following
year and arrange for B to pay the rest by instalments,
bhargah considers that A can recover his claim by action
in the following order ;—
{i) Vessel, (u) local indebted sailors, (Hi) foreign in
debted sailors.
iVo^.—A Nakhuda is generally speaking required to bring
his take of pearls to the towash to whom he is in
debted ; if they cannot agree on the price to be paid
for them, he is then at liberty to sell them elsewhere
for a better price, but on condition that he liquidates
his debt to the towash from the proceeds. But this
does not apply to a Nakhuda indebted to a trader,
and advances of supplies {i.e., not cash) do not entitle
the merchant to first refusal of the " take."