{"collection":"scripture-revelation","full_text_available":true,"graph_url":"https://unchartedknowledge.5gfusion.net/v2/api/page/gutenberg_21918/graph","html_url":"https://unchartedknowledge.5gfusion.net/v2/page/gutenberg_21918","id":"gutenberg_21918","license":"Public Domain (US)","rights_basis":"gutenberg_metadata_copyright_false","source":"gutenberg","source_url":"https://www.gutenberg.org/ebooks/21918","summary":null,"tags":["Category: History - Religious","Category: Law & Criminology","Category: Religion/Spirituality","Hindu law","Hinduism"],"text":"Produced by Sankar Viswanathan and the Online Distributed\nProofreading Team at http://www.pgdp.net (This book was\nproduced from scanned images of public domain material\nfrom the Google Print project.)\n\n\n\n\n\n\n\n\n\n                         Transcriber's note:\n\n  1. The spelling, accents, and diacritical marks of Sanskrit words\n     was not consistent through the book. These have been made\n     consistent.\n\n  2. The corrections noted in the Corrigenda on page v have been\n     made in the text.\n\n\n\n                       HINDU LAW AND JUDICATURE\n\n                               FROM THE\n\n                             DHARMA-SASTRA\n\n\n                                  of\n\n                             YAJNAVALKYA\n\n\n                              In English\n\n               WITH EXPLANATORY NOTES AND INTRODUCTION\n\n\n                                  BY\n\n                      EDWARD ROeER, ph. D., M. D.\n\n                    AND W. A. MONTRIOU, BARRISTER.\n\n\n\n\n                              Calcutta:\n\n                 R. C. LEPAGE & CO., BRITISH LIBRARY.\n\n                               London:\n\n       R. C. LEPAGE & CO., 1, WHITEFRIAR'S STREET, FLEET STREET\n\n                                1859.\n\n       *       *       *       *       *\n\n\n\n\nPREFACE.\n\n\nThe immediate incentive to this undertaking was, a knowledge, or at\nleast a strong impression, that a connected and explanatory\ntranslation of the rules of jurisprudence[1] in the Dharma Sastra\nof Yajnavalkya was a practical want.\n\nSuch impression was coincided in, and therefore proved correct, by a\nlong list of local subscribers eminently qualified, by position and\nexperience, to decide.\n\nDr. Roeer is responsible for the fidelity of the rendering, so far as\ndepends on knowledge of the Sanscrit language and literature, of Hindu\nmythology and philosophy. Mr. Montriou has aided, so far as enabled by\njuridical acquirements and experience. The language of translation\nhas, therefore, been a joint labour, often the result of much and\nanxious discussion, and, if not unfrequently but a choice of doubtful\nalternatives, yet, always a choice made with pains and circumspection.\n\nThe text we have generally followed is Stenzler's[2] which is based on\nand selected from two MSS. in the royal library at Berlin and two\neditions published in Calcutta.[3]\n\nWe have not neglected constant comparison with Stenzler's German\ntranslation as well as with the several detached passages as\ntranslated by Colebrooke and W. Macnaghten.\n\nWords within brackets ( [ ] ) are not in the original text.\n\nReferences to, and extracts from, the standard commentary upon\nYajnavalkya, the Mitakshara, necessarily form the staple of our notes.\nAll such extracts are distinguished by the initial (_M._), and the\nauthor of the commentary we invariably refer to as, the Commentator.\n\nAt the same time, we have not blindly or implicitly followed this\ncommentator. In some sense all Hindu glosses are untrustworthy guides.\nThey assume the text to be the language of inspiration; and, as the\nseveral Dharma Sastras not merely differ, but often dispose of the\nsame subject in a contradictory manner, Pandits deem it their duty to\nreconcile all discrepancies, how forced soever their interpretations\nmay be. In passages so dealt with, we have endeavoured to give the\nplain meaning of the original text.\n\nWe gratefully acknowledge the obliging assistance, in research,\nenquiry, and suggestion, occasionally afforded, in the progress of\nour task, by Babus, Chandra Saikhur Dev[4] and Shyamacharana\nSircar.[5]\n\nE. R.\n\nW. A. M.\n\nAugust 1858.\n\nFOOTNOTES:\n\n[Footnote 1: _vyavahara._]\n\n[Footnote 2: Yajnavalkya's Gesetzbuch, Sanscrit and Deutsch, Berlin\nand London, 1849.]\n\n[Footnote 3: 1. Sanhita of Yajnavalkya, edited by Sri Bhavanicharana\nVandyopadhyaya: 2. The text published in the Mitakshara Dharma\nSastra, Calcutta, 1812.]\n\n[Footnote 4: Formerly head superintendent of the legal and zemindarry\naffairs of the maharajah of Burdwan.]\n\n[Footnote 5: Joint chief translator and interpreter H. M. Supreme\nCourt.]\n\n\n\n\nCORRIGENDA.\n\n\nPage  x,    (Introd.)     for     \"Swabhabha\"     read     \"Swabhava.\"\n\n \"    xi,       \"          \"       \"sl. 241\"      read      \"sl. 240.\"\n\n \"     2,    sl. 2,        \"       \"harken\"       read      \"hearken.\"\n\n \"    79,    sl. 303,      \"       \"equipage,\"    read      \"vehicle.\"\n\n \"     \"        \"          \"       _gadee_\"       read        \"seat.\"\n\nTranscriber's Note: These corrections have been made in the text\n\n\n\n\nINTRODUCTION.\n\n\nProfessor Stenzler enumerates[6] forty-six distinct Dharma Sastras\nor recognised codes of Hindu law and ritual, _scil._\n\n[3 cross symbols]  1. Agni.\n\n[1 cross symbol]   2. Angiras.\n\n[1 cross symbol]   3. Atri.\n\n[1 cross symbol]   4. Apastamba.\n\n[1 cross symbol]   5. Usanas.\n\n[2 cross symbols]  6. Rishyasringa.\n\n[2 cross symbols]  7. Kasyapa.\n\n[1 cross symbol]   8. Katyayana.\n\n[2 cross symbols]  9. Kuthumi.\n\n[2 cross symbols] 10. Gargya.\n\n[1 cross symbol]  11. Gautama.\n\n[3 cross symbols] 12. Chyavana.\n\n[3 cross symbols] 13. Ch'hagaleya.\n\n[3 cross symbols] 14. Jatukarna.\n\n[2 cross symbols] 15. Jabali.\n\n[1 cross symbol]  16. Daksha.\n\n[2 cross symbols] 17. Devala.\n\n[2 cross symbols] 18. Narada.\n\n[1 cross symbol]  19. Parasara.\n\n[2 cross symbols] 20. Paraskara.\n\n[3 cross symbols] 21. Pitamaha.\n\n[2 cross symbols] 22. Pulastya.\n\n[2 cross symbols] 23. Paithinasi.\n\n[2 cross symbols] 24. Prachetas.\n\n[3 cross symbols] 25. Prajapati.\n\n[3 cross symbols] 26. Budha.\n\n[1 cross symbol]  27. Brihaspati.\n\n[2 cross symbols] 28. Baudhayana.\n\n[2 cross symbols] 29. Bhrigu.\n\n[1 cross symbol]  30. Manu.\n\n[2 cross symbols] 31. Marichi.\n\n[1 cross symbol]  32. Yama.\n\n[1 cross symbol]  33. Yajnavalkya.\n\n[1 cross symbol]  34. Likhita.\n\n[2 cross symbols] 35. Laugakshi.\n\n[1 cross symbol]  36. Vasishtha.\n\n[2 cross symbols] 37. Viswamittra.\n\n[1 cross symbol]  38. Vishnu.\n\n[1 cross symbol]  39. Vyasa.\n\n[1 cross symbol]  40. Sankha.\n\n[1 cross symbol]  41. Satatapa.\n\n[3 cross symbols] 42. Satyayana.\n\n[1 cross symbol]  43. Samvartta.\n\n[2 cross symbols] 44. Sumantu.\n\n[3 cross symbols] 45. Soma.\n\n[1 cross symbol]  46. Harita.\n\nOf the above list, twenty (distinguished by one cross) are in\nYajnavalkya's list:[7] seventeen of these are named by Parasara,\n_viz._ all except Yama, Brihaspati and Vyasa, instead of whom he gives\nKasyapa, Gargya and Prachetas: the _Padma Purana_ gives those\nnamed by Yajnavalkya, with the exception of Atri, and seventeen\nothers, (distinguished by two crosses) three of whom, Prachetas,\nKasyapa and Gargya, are on Parasara's list, and the remaining\nfourteen, not before mentioned: Madhusudana Saraswati names the same\nnineteen of Yajnavalkya's list, also Devala, Narada, Paithinasi:\nRama Krishna, in his gloss to the _Grihya Sutras_ of Paraskara,\nmentions thirty-nine, of whom nine (distinguished by three crosses)\nare new ones. There is also a Dharma Sastra attributed to Sankha\nand Likhita jointly, thus making forty-seven in the whole. The\nprofessor considers all to be extant; and has himself met with\nquotations from all, except Agni, Kuthumi, Budha, Satyayana, and\nSoma.\n\nTo those may be added several recensions of the same Dharma\nSastras, of which professor Stenzler speaks to having read of\ntwenty-two.\n\nThe entire forty-seven are independent sources of and authorities upon\nHindu law.\n\nThe Digest of Jagannat'ha Tarcapanchanana, as translated by\nColebrooke, is a valuable repertory of texts; but, detached and\nisolated as they necessarily are, those texts can with difficulty be\nappreciated or applied.\n\nYajnavalkya is second in importance to Manu alone: and, with the\ncommentary, is the leading authority of the Mithila school.\n\nThe resident of British India needs not to be informed, that the\northodox Hindu regards his Dharma Sastras as direct revelations of\nthe Divine will: still less need such an one be told, that, among this\npeople, law is entirely subservient to the mysterious despotism of\ncast,[8] a religious, rather than a political ordinance.\n\nWith the Hindu, all religious tenets and aspirations are centred in\nthe idea of BRAHMA, the one, pervading, illimitable substance, without\nmultiple, division or repetition. This idea has two modes or phases,\n1st. as representing the absolute, self-included Brahma; 2nd. as\nrepresenting Brahma in connection with, relative to, the world. In the\nlatter, Brahma is creator of the world, or, the very world, a\nsemblance or a development of the former, the absolute idea. Man's\nhighest aspiration and aim is, to know Brahma absolutely: to have\nattained this knowledge implies a total renunciation of worldly\nconcerns, to coalesce with, to be ultimately absorbed in, reunited\nwith, Brahma. Brahmanas are held to possess, to represent, this\nknowledge. Again, Brahma is the creator, the preserver, also, the\nobjects created and preserved. Kshattriyas represent Brahma, the\npreserver: Vaisyas, Brahma the preserved. The dogma is otherwise\nexplained: in the secondary or relative notion, Brahma is _Sattwa_,\n_Rajas_, _Tamas_, _i. e._ goodness, activity, darkness,--respectively\nrepresented by the Brahmana, Kshattriya, and Vaisya casts.\n\nWhen the Hindus dwelt in the country of the five rivers, and were\nworshippers of the powers and phenomena of material Nature, as of\nIndra, Vayu, Agni &c., cast was necessarily unknown, for the notion of\nBrahma was undeveloped.\n\nThe divisions or classes among them were conventional; there were\nprinces, priests, and peasants or cultivators.\n\nBut class distinction had not then crystallized into cast, into\nimmiscible, uncongenial yet co-ordinate elements of a so called\nrevealed constitution.\n\nSo soon however as the idea of Brahma had attained fixity in the Hindu\nmind, and simultaneously with it, cast was developed, as we find it\n(but imperfectly) in the earliest records of Hindu philosophy, the\nUpanishads.\n\nThus, cast governs and is antecedent to law, which must bend and adapt\nitself to cast, as the overruling, intrinsic, unalterable condition of\nHinduism, of Hindu life. There is one law, one phase of obligation for\nthe twice-born, another for the Sudra. In Manu, cast is not so\nfully and severely developed: Manu permits to the Brahmana four\nwives, of whom one may be a Sudra, necessarily permitting,\ntherefore, a transition or quasi-amalgamation between the highest and\nthe lowest in the scale. Yajnavalkya permits this Brahmanical\ncommunion with the Kshattriya and Vaisya, but not with the Sudra.\nLater promulgators of law,[9] restrict the Brahmana to his own\nclass.\n\nBut although cast, once developed, admitted not of change, juridical\nrules, subservient to cast, might and did progress: civil laws and\nprocedure became more comprehensive and exact, the criminal code more\nregulated, lenient, and enlightened. And as universally, (for such is\nhuman,) breaches and occasional disregard of rules have, silently\nthough surely, worked a change, or caused exceptional accessions to\nthe rules themselves.\n\nThe rule of the Sastras, that kingly power should belong to the\nKshattriya alone, was, even in the halcyon days of Hindu polity,\nrepeatedly set aside. Chandragupta, a Sudra, and his dynasty, held\nsway over India from 315 to 173 B. C.: afterwards came Brahmanical\nkings, the Kanwas, from 66 to 21 B. C.: whilst the mighty Gupta kings,\nfrom 150 to 280 A. C., were Vaisyas.\n\nThe code of Manu presents a disarranged mass of regulations, in so\nmuch that some have supposed the disorder to have been designed.\n\nThat conclusion, however, is repelled by the comparatively succinct\narrangement of Yajnavalkya and other sages. It is more consistent to\nsuppose, that Manu, as originally promulgated, was, from time to time,\nadded to, with an accidental disregard of method.\n\n_Achara_, ritual, comprises the distinctive cast-ceremonies, domestic\nand social usages, rites of purification, of sacrifice.\n\n_Vyavahara_, may be called the juridical rules, embracing as well\nsubstantive law as the procedure and practice of legal tribunals.\n\n_Prayaschitta_, expiations, are the religious sanctions, or penalties\nof sin; the divine visitation upon offenders, and the mode in which\nthe sinner may avert, by atonement, the consequences of divine\nvengeance.\n\nThe date of Yajnavalkya's Dharma Sastra is not definitely or\nsatisfactorily fixed. From internal evidence, it is doubtless much\nsubsequent to Manu.\n\nThe data for conjecturing the period of Yajnavalkya are;\n\n1. Reference is made to Buddhist habits and doctrines, _viz._ the\nyellow garments, the baldhead, the Swabhava (B. I. sl. 271, 272, and\n349).\n\nHence, this Dharma Sastra must have been promulgated later than B.\nC. 500.\n\n2. Reference is made to a previous Yoga Sastra promulgated by\nYajnavalkya (B. III, sl. 110). Now, the Yoga philosophy was first\nshaped into a system by Patanjali who, according to Lassen, probably\nflourished about 200 B. C.\n\n3. Mention is made of coin as _nanaka_ (B. II, sl. 240). Now, the\nword _nano_ occurs on the coins of the Indoscythian king, Kanerki,\nwho, according to Lassen, reigned until 40 A. C.\n\nThe result, though indefinite, places the earliest date of\nYajnavalkya's code towards the middle of the first century after\nChrist.\n\nFOOTNOTES:\n\n[Footnote 6: See his paper _Zur Geschichte der Indischen Gesetzbucher_\n(Contributions to the history of the Indian law-books) in Weber's\n_Indische Studien_, vol. I, pp. 232 to 246.]\n\n[Footnote 7: Yajnavalkya, ch. I, sl. 3 to 5.]\n\n[Footnote 8: We have followed Mr. Elphinstone (Hist. ch. 1) in the\northography of this word: it is from the Portuguese _casta_, breed,\nrace.]\n\n[Footnote 9: See Lassen's _Indische Alterthumskunde_, vol. II, p.\n510.]\n\n\n\n\nSELECTED SLOKAS OF THE FIRST BOOK.\n\nRITUAL AND MORAL CONDUCT.[10]\n\n\n1. The Munis[11] after adoration to Yajnavalkya, lord of Yogis,[12]\nthus addressed him:\n\nReveal to us the several duties of the casts, of the orders,[13] and\nof the others![14]\n\n2. The prince of the Yogis, who then abode in Mithila, meditating for\na moment, said to the Munis: Hearken to the rules of duty in the\ncountry of the black antelope![15]\n\n3. There are fourteen repositories[16] of the sciences and of law; the\nfour Vedas together with the Puranas, the Nyaya, the Mimansa, the\nDharma Sastras, and the six Angas.[17]\n\n4. Manu, Atri, Vishnu, Harita, Yajnavalkya, Usanas, Angiras, Yama,\nApastamba, Sanvarta, Katyayana, Brihaspati,\n\n5. Parasara, Vyasa, Sankha, Likhita, Daksha, Gautama,\nSatatapa, and Vasishtha,[18] are they who have promulgated\nDharma Sastras.\n\n6. When a gift is made, in due season, place and manner, in good faith\nand to a fit person--all this gives the idea of Law.\n\n7. The Sruti, the Smriti,[19] the practice of good men, what seems\ngood to one's self,[20] and a desire maturely considered--these are\ndeclared to be the root[21] of Law.\n\n9. Four learned in the Vedas and in the Law form a Court, or\nTraividya.[22] Whatever is declared by this [Court], or by a single\nperson who has, in an eminent degree, knowledge of the soul in its\nrelations[23]--the same should be [held as] Law.\n\n10. Brahmans, Kshattriyas, Vaisyas and Sudras are the casts: of\nthem the three first are twice-born; all their rites, commencing with\nthe procreative rites, and ending with those [which are gone through]\nwhere the corpse is disposed of,[24] are with Mantras.[25]\n\n14. In the eighth year from conception, or in the eighth [of\nbirth],[26] the investiture[27] of the Brahman [takes place]; of\nRajas[28] in the eleventh; of Vaisyas in the twelfth: some [have said,\nthis varies] in accordance with [the usage of] the family.\n\n39. Brahmans, Kshattriyas, and Vaisyas are born, first, of their\nmothers, and, a second time, by the girding on of the sacred\nthread--therefore are they declared to be twice-born.\n\n116. [Men] are to be honoured in the gradation following,--in respect\nof learning, conduct, years, family, property. Even a Sudra, if he\nexcel in these respects, is in old age worthy of honour.\n\n326. The monarch, at his rising [from the night's repose], having seen\nto the [general] safety, shall himself inspect the [account of]\nrevenue and disbursements; he shall then adjudicate law-suits; after\nwhich, having bathed,[29] he may, at his pleasure, take his meal.[30]\n\n342. Of a newly subjugated territory, the monarch shall preserve the\nsocial and religious usages, also the judicial system and the state of\nclasses as they already obtain.[31]\n\n352. A ruler, a minister, people, a stronghold, treasure, [power of]\npunishment, and allies--because these are its elements, a realm is\ncalled seven-limbed.\n\n353. When possessed of this, let a monarch cause punishment to fall on\nthe guilty; for, of old, justice was created by Brahma under the form\nof punishment.[32]\n\n357. A brother even, or a son, any one to whom respect is due, a\nfather-in-law or maternal uncle, if he transgress, is not to go\nunpunished by the monarch.\n\n358. The monarch who punishes such as deserve punishment, who slays\nsuch as deserve death: he is as one who has made many sacrifices with\nvaluable offerings.[33]\n\n359. Every day should the monarch, pondering on his reward (such as\nsacrifices gain), himself investigate law-suits in their order with\nthe judges around him.\n\n360. The monarch, always duly correcting [those among] the casts, the\nmixed classes, the guilds, the schools[34] [of the learned], and the\npeople [in general], who have deviated from their duty, should set\nthem in the [right] path.\n\n361. A particle of dust in the sunbeams, as they shine through a\nwindow, is held to consist of three atoms; eight of those [particles]\nare equal to a poppy seed, of which three are equal to a black mustard\nseed;\n\n362. Three of these to a white mustard seed, three of these to a\nbarley seed of middle size, three of these to a Krishnala\nberry,[35] five of these to a Masha,[36] sixteen of these to a\nSuvarna.[37]\n\n363. A Pala is four or five[38] Suvarnas. Two Krishnalas are a\nsilver Masha; sixteen of the latter, a Dharana.\n\n364. A Satamana and a Pala are each equal to ten Dharanas: a\nNishka is four Suvarnas: a copper Pana is of the weight of a\nKarsha.[39]\n\n365. One thousand and eighty Panas is declared the highest fine;\nhalf of that amount the medium fine; and half of this the lowest fine.\n\n366. Reproof, words of ignominy, fine, and death,[40] shall be\nadministered, singly or together, according to the crime.[41]\n\n367. [The monarch] having informed himself of the crime, the place\nwhere, and the time when [committed], the strength [of the criminal,\nhis] age, calling, and means, shall cause punishment to fall upon the\nguilty.[42]\n\n[Inverted \"therefore\" symbol] The foregoing extracts, it will have\nbeen observed, are of general application, and do not refer to any\npart of the law in detail. Several slokas in the first book, however,\nand some in the third, do refer to and affect the details of law,\nwhich are the proper subject of the second book, where therefore they\nare inserted, according to their subject.\n\nFOOTNOTES:\n\n[Footnote 10: This is the general subject and title of the first book;\nbut the following slokas are selected as introductory of and with\nreference to civil and municipal law.]\n\n[Footnote 11: Pre-eminent, divine sages; probably the great Rishis,\nthe first-created of Brahma, mentioned in the opening verse of Manu.\n\nIn the third book (sl. 186--189) two classes of Munis are described,\nof whom one, after blessed experience of Heaven, return to Earth, and\nthe other are to continue in the abodes of bliss until the destruction\nof the universe. These latter are the publishers of the Vedas,\nUpanishads, Sutras, Puranas, in fine of all records of knowledge\nthrough the medium of language.]\n\n[Footnote 12: These (according to Hindu notions) have withdrawn their\nsenses from external things by, as it were, mental concentration,\nfixing the thoughts, without change or wavering, upon the soul in its\nrelations with the Supreme Being.]\n\n[Footnote 13: _viz._--the _brahmachari_, the student of the Vedas,\n\nthe _grihastha_, the head of a family.\n\nthe _vanaprastha_, who has retired from active life, to the forest.\n\nthe _sanyasi_, whose duty it is to pass his time in meditating upon\nBrahma, so as to attain to the state of a Yogi.]\n\n[Footnote 14: _i. e._ the mixed casts. (_M._)]\n\n[Footnote 15: Manu, ch. 2, sl. 23.]\n\n[Footnote 16: The Commentator explains this by a word which signifies\ncause or source.]\n\n[Footnote 17: IV. _Vedas_, of which there are four, each being divided\ninto _sanhita_ and _brahmana._\n\nV. _Puranas_, these (of which there are 18) treat of the origin and\ndestruction of the world, mythological stories and genealogies, and\nthe doings of the early Hindu monarchs.\n\nVI. _Nyaya_, one of the six orthodox systems of Hindu philosophy,\ntreating especially of logic and dialectics.\n\nVII. _Mimansa_, there are two Mimansas: the first (_purva_) treats\nof the rules of duty, as derived from the Vedas, the second or\nsubsequent (_uttara_) treats of Brahma, the universal cause and soul.\n\nVIII. _Dharma Sastras_, _viz._ Manu, Yajnavalkya, &c., the\nsubject being divided into, 1. Ritual and moral conduct (_achara_); 2.\nLaw and judicature (_vyavahara_); 3. Expiations (_prayaschitta_).\n\nXIV. _Angas_, six treatises, _viz._, pronunciation, grammar,\nprosody, explanation of obscure terms, religious rites, astronomy.\nThese are considered appendants of the Vedas. The word _angas_\nsignifies, limbs.]\n\n[Footnote 18: To these twenty many others have to be added, Narada,\n&c.: see Introduction.]\n\n[Footnote 19: Sruti are the Vedas; Smriti, the Dharma Sastras:\nsuch is the definition of Manu, ch. 2, sl. 10.]\n\n[Footnote 20: The Commentator qualifies this indefinite source of law,\nas applicable only where two or more lawful alternatives are\npresented.]\n\n[Footnote 21: Further explained by the Commentator, the evidence or\nproofs of law; and he adds, the several proofs mentioned, where they\nclash, are of weight and authority according to their precedence,\n_e.g._ Sruti the highest, the mature desire the lowest, Manu, ch.\n2, sl. 6, 12.]\n\n[Footnote 22: Which means, having knowledge of the three Vedas. See\nManu, ch. 12, sl. 110 to 113.]\n\n[Footnote 23: To explain or enlarge upon this metaphysical phrase\nwould be out of place in the present work. The curious student can\nrefer to the Upanishads and the Vedanta.]\n\n[Footnote 24: Which, in the time of our author, meant, the place of\ncremation. In the third book, sl. 1, 2, Yajnavalkya says:--A child\nunder two years of age is to be buried, nor shall water be offered;\nevery other deceased, being followed by his relatives to the place for\ndisposal of the dead, shall there be burned.\n\nIt was certainly otherwise at the period of the Vedas (vide _Die\nTodtenbestattung im indischen Alterthum. German Oriental Society's\nJournal, Vol. VIII. pp._ 467--475): the paraphrase in the text is the\nmeaning of the term used, _smasana._]\n\n[Footnote 25: Texts of the Vedas to be recited on solemn occasions.\nSee analogous passage, Manu ch. 2, sl. 16.]\n\n[Footnote 26: So we supply the hiatus in the text, in conformity with\nthe opinion of the Commentator. Manu makes no allusion to the\nalternative, ch. 2, sl. 36.]\n\n[Footnote 27: Induction into the character and privileges of his cast,\nby means of the sacred thread.]\n\n[Footnote 28: who, being Kshattriyas, here represent the cast.]\n\n[Footnote 29: at mid-day. (_M._)]\n\n[Footnote 30: Manu ch. 7, sl. 216.]\n\n[Footnote 31: ibid, 201 et seq.]\n\n[Footnote 32: ibid, 13, 41.]\n\n[Footnote 33: Manu ch. 8, sl. 306.]\n\n[Footnote 34: The Commentator explains the general expression here\nused by the word _haituka_, of which one meaning is that given in the\ntext, but it also signifies, those who do not believe in the Vedas.]\n\n[Footnote 35: _retti_ or _gunja_, a shrub bearing a small red and\nblack berry. Wilson.]\n\n[Footnote 36: A sort of kidney bean, _phasealus radiatus._ Wilson.]\n\n[Footnote 37: About 176 grains Troy weight. Wilson.]\n\n[Footnote 38: Manu says four.]\n\n[Footnote 39: These tables of weight, as further explained by the\nCommentator, may be given thus:\n\n3 Atoms = 1 Mote.\n\n8 Motes = 1 Poppy seed or a nit.\n\n3 Poppy seeds or 3 nits = 1 Black mustard seed.\n\n3 Black mustard seeds = 1 White mustard seed.\n\n3 White mustard seeds = 1 Barley corn.\n\n3 Barley corns = 1 Krishnala.\n\n_Gold._\n\n5 Krishnalas = 1 Masha.\n\n16 Mashas = 1 Suvarna.\n\n4 Suvarnas = 1 Pala.\n\n_Silver._\n\n2 Krishnalas = 1 Masha.\n\n16 Mashas = 1 Dharana.\n\n10 Dharanas = 1 Pala or Satamana.\n\n4 Suvarnas = 1 Nishka.\n\n_Copper._\n\n4 Karshas = 1 Pala.\n\n1 Pana = 1 Karsha _i. e._ 1/4 Pala.\n\nThey by no means satisfactorily define the intrinsic weight and\nsignification of the Pana, which, as the measure of pecuniary\npenalty, would seem to be the chief if not sole object of their\nintroduction.\n\nIn the corresponding slokas of Manu, ten Palas are said to be\nequivalent to one Dharana. We can only reconcile this by supposing\nManu to refer to a gold Pala and Yajnavalkya to a silver Pala.]\n\n[Footnote 40: The Commentator remarks, that this includes every kind\nof corporal punishment.]\n\n[Footnote 41: Manu, ch. 8, sl. 129, 130.]\n\n[Footnote 42: ibid, sl. 126, also ch. 7, sl. 16. In the last passage,\nSir Wm. Jones has added to the term, strength, _his own_; this we\nconsider to be an error, at any rate it is not a mere translation, and\nwe have applied the term used, _viz._ _strength_ simpliciter,\ndifferently.]\n\n\n\n\nTHE SECOND BOOK\n\nLAW AND JUDICATURE.\n\n\n1. Let the monarch,[43] free from anger or thought of gain, in\nconjunction with learned brahmans, adjudicate law-suits, according\nto the Dharma Sastras.\n\n2. He shall appoint judges perfect in the Vedas and in science,[44]\nversed in the Dharma Sastras, such as speak truth and bear\nthemselves alike to friend and foe.\n\n3. If the monarch, from press of other business, cannot adjudicate, he\nshall appoint a brahman versed in the whole law, [to preside] with\nthe judges.[45]\n\n4. Should the judges, from partiality, from love of gain, or from\nfear, act in anywise contrary to law or usage;[46] each one [so\nacting] shall be amerced in double the value of the suit.\n\n5. When one who is aggrieved by others, in any way contrary to law or\nusage, makes a representation to the monarch; this is matter for a\nlaw-suit.\n\n6. The representation, as made by the plaintiff, is to be put in\nwriting, in presence of the defendant; the year, month, half-month,\nday, names, cast, &c.,[47] being given.\n\n7. The answer [of the defendant] to what he has heard [read] is then\nto be put in writing, in presence of him who made the first\nrepresentation: and then the latter shall, at once, furnish a\nstatement in writing of the proof to support what he has asserted.\n\n8. This being established, he succeeds in his suit; otherwise, the\nreverse. Thus it appears, the procedure in law-suits has four steps.\n\n9. Let not a counter-complaint be preferred until the [original]\ncomplaint is disposed of, nor let a third person [sue] him against\nwhom a complaint is pending.[48] The statement of the cause of suit is\nnot to be varied.[49]\n\n10. [The defendant] may bring a counter-plaint for abusive\nlanguage,[50] or personal trespass,[50] or for acts of atrocious\nviolence.[51] On behalf of each party, a surety, competent to meet the\nresult of the suit, shall be bound.\n\n11. One against whom, after [a plea of] denial, judgment is given,\nshall pay the amount [adjudged to the plaintiff] together with an\nequal sum to the monarch.[52] One who has made a false complaint,\nshall forfeit double the amount of his claim.\n\n12. In a case of atrocious violence, of theft, of reviling or personal\ntrespass,[53] where a cow is the subject, or a [malicious] charge of\ncrime,[54] or an offence destructive of life or property[54] where a\nfemale [of the household] is the subject--[in each of these cases] the\nCourt shall compel the parties to go to trial forthwith. In other\ncases, a day may be appointed at pleasure.\n\n13. One who moves from place to place,[55] who licks the corners of\nhis mouth, whose forehead sweats, and whose countenance changes\ncolour.\n\n14. who with words from a dry throat, stammering, says much that is\ncontradictory, who makes no response to word or look, who contracts\nthe lips--\n\n15. whosoever [in this wise] changes his natural manner, in the action\nof his mind, of his speech, and of his person, is to be set down as\nfalse in his complaint, or [if a witness] in his testimony.[56]\n\n16. One who enforces by his own arbitrary act a claim which is denied,\nwho absconds, or who does not respond when called--[each of these] is\nconsidered to have failed, and is amenable to punishment.[57]\n\n17. Where there are [rival claims, and] witnesses on both sides, the\nwitnesses of him who asserts the elder title, are to be [first]\nexamined: if that title be admitted,[58] then the witnesses of him\nwho claims by subsequent title [shall be examined].[59]\n\n18. Should the suit be accompanied by a wager, [the Court] shall\ncompel the losing party to pay the fine [prescribed],[60] as well as\nhis wager and his debt to the creditor.\n\n19. Let the monarch, rejecting subtleties, conduct the trial of suits\nupon the merits: even merits, in the absence of proof, must fail of\nsuccess in the suit.\n\n20. If one plead a denial to a representation including several\nmatters,[61] and one part be proved against him, the monarch shall\ncompel him to pay the whole amount claimed: but what has not been\npreviously declared [by the plaintiff][62] is inadmissible.\n\n21. If two texts of the Law be opposed to each other, an argument\nfounded on usage is of force; but the Dharma Sastra is of greater\nforce than the Artha Sastra.[63] This is a settled rule.\n\n22. Legal proofs are described as, writing, possession, and witnesses.\n\nIn the absence of either of those, it is ordained, that some one of\nthe ordeals is [to be resorted to.]\n\n23. In all disputes where property is concerned, the last act is of\ngreater force;[64] except in [cases of] pledge, gift,[65] and sale,\nwhen the first act is of greater force.[66]\n\n24. If one see[67] his land in the possession of another[68] and say\nnothing, it is lost after twenty years; moveables after ten years:[69]\n\n25. excepting pledges, boundary-limits, deposits with\nspecification,[70] property of idiots and children, deposits without\nspecification,[71] property of the monarch, of women, and of those\nlearned in the Vedas.\n\n26. One who appropriates[72] a pledge, &c., shall be compelled to\nrestore to the owner his property, and to pay a fine of equal value,\nor according to his means,[73] to the monarch.\n\n27. Acquisition by title[74] is stronger[75] than possession, unless\nthis has come down from ancestors;[76] but acquisition by title is of\nno avail without possession for a short time.[77]\n\n28. If one holding by title have it questioned [in a Court of\njustice], he must establish it by proof: but not so his son, nor his\nson's son; in their case, possession is of greater weight.\n\n29. If one whose title is questioned die [pending the suit[78]], his\nheir must establish it by proof; in such case possession without title\nwill not avail.[79]\n\n30. Those appointed by the monarch,[80] communities,[81] guilds,[82]\nand families, have authority, one after the other,[83] to investigate\nlaw-suits among men.\n\n31. The monarch shall annul decisions of suits which have been brought\nabout by force or fraud; also those made by women, those made at\nnight, those made in private chambers, those made in a place beyond\nthe limits,[84] and those made by enemies.\n\n32. A suit instituted by one intoxicated, or insane, or stricken with\ndisease,[85] or given up to vice,[86] or a minor, or one under the\ninfluence of fear, &c.,[87] or one having no interest, is invalid.\n\n33. When lost property is found,[88] it shall be restored by the\nmonarch to the owner: if the claimant fail to identify by some sign,\nhe shall pay an equivalent fine.\n\n34. If the monarch find a treasure,[89] he shall give half of it to\nthe twice-born.[90] If, on the other hand, a twice-born [find a\ntreasure], he shall, if learned, take the whole, for he is lord of\nall.[91]\n\n35. Of treasure found by any one else,[92] the monarch shall take a\nsixth.[93] If the finder do not make report, but [his discovery] comes\nto light, he shall surrender [what he has found], and shall, besides,\nbe punished.\n\n36. Stolen property, however, is to be given up by the monarch to the\nsubject; seeing that, if he do not give it, he shall bear all the sin\nof that person from whom [it is stolen].[94]\n\n37. Where there is a pledge, the interest, month by month, shall be an\neightieth part; otherwise, two, three, four or five parts, in a\nhundred, according to the order of cast.[95]\n\n38. They however who travel in forests[96] give ten parts; they who\ngo to sea, twenty parts, in a hundred. Or, all[97] must render to all,\nof whatever cast, the rate of interest settled amongst themselves.[98]\n\n39. But for cattle and women lent [the return] is, their offspring:\nthe highest encrease demandable for use of liquids[99] is eight-fold;\nfor wearing apparel, for corn, and for gold, four-fold, three-fold and\ntwo-fold respectively.\n\n40. The monarch should not blame one who enforces a recognised\ndebt.[100] If he, against whom the debt is enforced, complain to the\nmonarch, he may be punished, besides being compelled to pay the debt.\n\n41. The debtor [as a general rule] shall be made to pay his creditors\nin the order in which he has received from them; but a brahman he\nis to pay [first], and, after him, the monarch.\n\n42. The debtor shall be made to pay to the monarch ten parts in a\nhundred of the sum proved against him;[101] and the creditor, when he\nhas recovered his property, five parts.[102]\n\n43. One of inferior cast,[103] who is without means, may be compelled\nto labour[104] in discharge of his debt; but a brahman,[105]\nwanting means [to discharge his debt at once], shall pay gradually in\nproportion to what may come to him.\n\n44. If one do not accept restitution of his property on loan when\noffered, it is to be delivered to some third party; from which time it\nceases to carry interest.\n\n45. A debt incurred by undivided kinsmen on account of the family\nshall be discharged by the heirs of the head of the family, should the\nlatter die or leave the country.[106]\n\n46. A woman has not to pay a debt incurred by her husband or by her\nson, nor a father the debt of his son; except such debts be incurred\non account of the family: and it is the same with a husband [in\nrespect of a debt] incurred by his wife.\n\n47. A son has not to pay, in this world, his father's debt incurred\nfor spirituous liquor,[107] or, for gratification of lust, or in\ngambling, nor a fine, nor what remains unpaid of a toll; nor [shall\nhe make good] idle gifts.[108]\n\n48. As to debts of wives of herdsmen, distillers, players, washermen\nand hunters, the husbands have to pay; because their maintenance\ndepends upon their wives.\n\n49. A debt acknowledged,[109] one incurred by her jointly with her\nhusband, one incurred by herself [solely][110]--these must be paid by\nthe wife; none other need be paid by her.\n\n50. If a father have gone abroad, or died, or been subdued by\ncalamity,[111] his debt shall be paid by his sons and grandsons;[112]\non their denial,[113] the debt must be proved by witnesses.\n\n51. He who takes the property of one who leaves no [capable][114] son,\nshall pay the debts; so, he who takes[115] the widow; also that son\nwhose paternal estate no other has appropriated, [and who in such\ncase shall always be deemed] fit to inherit property;[116] and if one\ndie without any son, then, whosoever succeeds to the property.\n\n52. To become surety, to be indebted, and to give evidence, is\nunlawful between brothers, between husband and wife, or between father\nand son; except, where they are separated in property.\n\n53. Giving surety is enjoined for appearance, for confidence,[117] and\nfor payment.[118] If there be a failure of either of the first two,\nthe surety [himself] in each case shall pay; of the third, his sons\n[also] must pay.\n\n54. If surety for appearance or for confidence die, the sons have not\nto pay; of a surety for payment, the sons have to pay.[119]\n\n55. If there are several sureties, they shall pay the debt according\nto their respective liabilities: if all have undertaken for the entire\ndebt,[120] they shall [severally be made to] pay at the option of the\ncreditor.\n\n56. If a surety be compelled by process of law[121] to discharge the\ndebt, the [principal] debtors shall reimburse him double the amount\npaid.\n\n57. For [use of] women and cattle, the offspring shall be given: for\ncorn, [a return of] three fold; for apparel, four fold; for liquids,\neight fold.\n\n58. [The owner's property in] a pledge is forfeited if it be not\nredeemed when the debt is doubled; of one made for a definite period,\nit is forfeited at the specified date. [The property in] a pledge with\nusufruct[122] does not become forfeit.\n\n59. If a [simple] pledge be put to use, no interest is [demandable]:\nso it is if a pledge with usufruct be damaged. If the pledge be wholly\nspoiled or be destroyed, it must be replaced; except where caused by\naccident,[123] or by the monarch.[124]\n\n60. A pledge is complete upon acceptance.[125] If the thing pledged\nhave become worthless, although [duly] cared for, either another shall\nbe given [in its place], or the creditor shall receive back his money.\n\n61. If a pledge be [given or taken, in reliance] upon character,[126]\nthe debtor shall be made to pay with interest: the debtor shall be\nmade to repay two-fold, if he received on his plighted word.[127]\n\n62. If one come [and pay his debt], the pledge shall be released;\notherwise he [who has the pledge] is a thief:[128] should the creditor\nbe absent, the debtor is to receive back his pledge upon paying the\ndebt to the family;[129]\n\n63. Or it may remain where it was, without interest [on the debt], the\nvalue at that date [of the thing pledged] being ascertained. If the\ndebtor fail to come, the creditor may sell [the pledge] before\nwitnesses.\n\n64. If the debt secured by pledge have become doubled, the pledge\nshall be released; provided, the [value of the] usufruct of the thing\npledged be double [the amount of] the loan.[130]\n\n65. _Upanidhi_ is something in a box delivered to the hands of\nanother, without a declaration. This shall be restored in the same\nmanner [as it was given].[131]\n\n66. But one shall not be compelled to make good that of which he has\nbeen deprived by the monarch, by accident, or by thieves.[132] When\nthe loss occurs after demand has been made, and the deposit not\nreturned, the depositee is to make it good and to pay a fine of equal\nvalue.\n\n67. Whoever of his own accord uses [this description of deposit] shall\nbe fined, and must restore it, together with the profit made.\n\nThe same rule applies to things borrowed[133] [for a special\noccasion], also to what is delivered for the purpose of being restored\nto the owner,[134] also to what is deposited [in the absence of the\nhead, with the other members of the family],[135] also to the deposits\ncalled _nikshepa_,[136] and the like.[137]\n\n68. Those proper to be witnesses are, religious devotees,[138] they\nwho bestow liberally, the wellborn, they who speak truth, they whose\nchief aim it is to be virtuous,[139] they who are strait in their\nconduct, they who have sons, and the wealthy.[140]\n\n69. There should be at least three witnesses, such as observe the\nrites prescribed by the Sruti and the Smriti, and are of a class,\nwhether mixed or unmixed,[141] corresponding [with that of the person\nwho produces them]: otherwise,[142] any person may be a witness for\nany person.\n\n70. Women, minors, aged men,[143] gamblers, persons intoxicated,\nmadmen,[144] persons under suspicion of crime, stageplayers,\ninfidels,[145] forgers, persons who are deprived of any sense,\n\n71. heinous offenders,[146] intimate friends,[147] parties interested\n[in the suit], confederates, enemies [to either party], thieves,\nviolent characters, the openly wicked,[148] persons cast off [by their\nfriends and kin], and such like,[149] are inadmissible as witnesses.\n\n72. Even one person,[150] being an intelligent follower of ritual\nduties,[151] may, with the consent of both parties, be witness\n[sufficient].\n\nAll are admissible[152] as witnesses in cases of rape, theft[153]\ndefamation and personal trespass.[154]\n\n73. The judge shall thus address the witnesses, as they come up to\nthe plaintiff and defendant:\n\nThe worlds appointed for criminals, for atrocious criminals;[155]\n\n74. the worlds appointed for incendiaries, for murderers of women and\nchildren--all these shall be the portion of him who gives false\ntestimony!\n\n75. Know, that whatever good has been done by thee in a hundred\nformer births, all shall become his whom thou defeatest by\nfalsehood![156]\n\n76. That man who withholds his testimony, the monarch shall compel to\npay, on the forty-sixth day, the entire debt, as well as a fine\nequivalent to a tenth of the amount.\n\n77. The lowminded man who, although he has knowledge (of the facts),\ndeclines to give his testimony, is, in sin, on a par with false\nwitnesses; so is he, in his punishment.\n\n78. In case of conflicting testimony, what is stated by the majority\n(of the witnesses) must be credited; if the numbers be equal, then\nthose of the witnesses who are of distinguished qualities[157] must be\ncredited; if again, these are in contradiction, then the most\ndistinguished shall be credited.[158]\n\n79. That party (to the suit) whose assertion the witnesses have\nverified, succeeds; that one whose assertion the witnesses have\ndisproved, is defeated.\n\n80. Although proof has been given by witnesses, yet, if others of more\ndistinguished qualities or in number twice as many give opposite\ntestimony, the first witnesses should be held as false ones.\n\n81. As well they who suborn as they who give false testimony are to\nbe severally fined in double the value of the suit:[159] a brahman,\nin such case, shall be banished.[160]\n\n82. [The witness] who, after he has been addressed[161] [by the judge,\nyet] being blinded by passion, withholds his testimony,--he shall pay\neight times the [ordinary] fine: in case of a brahman, he shall\nsuffer banishment.[162]\n\n83. Should it happen that the testimony of a witness must occasion the\ndeath of a person, whatever the cast of the latter,--the witness\nshall, in such case, speak untruth.[163] For their purification [after\ngiving such false testimony] the twice-born must make oblation to\nSARASWATI.[164]\n\n84. If any settlement have been mutually come to [between debtor and\ncreditor], a written instrument should be drawn up before witnesses,\nthe first mention being of the creditor.\n\n85. In it should be written the date, _viz._ year, month, half month,\nday, also the name, cast, family, the Veda-school, and father's name,\nof each party, &c.[165]\n\n86. This being completed, the debtor shall subscribe with his\nsignature [a declaration, as follows]:--\"What is written above, I, the\nson of such an one, agree to.\"\n\n87. Then the witnesses, all being equal in grade, shall, after their\nfathers' names, write, with their own hands respectively: \"I, such an\none, am a witness.\"\n\n88. And the writer shall subscribe at the foot, as follows:--\"This has\nbeen written, at the request of both parties, by me, such an one, the\nson of such an one.\"\n\n89. An instrument, entirely in the handwriting of the party, is to be\nreceived as proof, although it be not witnessed, unless procured by\nviolence or by fraud.[166]\n\n90. Payment of a debt incurred upon a writing, is obligatory only upon\nthe debtor, his son, and grand-son;[167] but a pledge shall remain in\nuse so long as the debt is unpaid.\n\n91. If the instrument be in a foreign country, be illegibly written,\nbe destroyed, faded, stolen, mutilated, burned, or torn, [the Court]\nshall direct a new one to be made.\n\n92. The authenticity of a written instrument which is doubtful, is to\nbe ascertained by [comparison with other] documents in the handwriting\nof the party &c.,[168] by [enquiry into] the probability of its having\nbeen obtained,[169] and [the mode of] its preparation, by [observation\nof] any marks, by [enquiry of] the relation [in which the parties\nstand to each other], and how the matter came about.\n\n93. As often as the debtor makes a payment, either he shall write an\nindorsement to that effect on the document, or the creditor shall give\na receipt under his hand.\n\n94. When the debt is paid, [the debtor] shall cause the document to be\ntorn up, or shall have another prepared, _viz._ of discharge. If the\ndebt was incurred before witnesses, its payment should also be before\nwitnesses.[170]\n\n95. The scales, fire, water, poison, the sacred draught--these are\nthe ordeals for exculpation,[171] in case of grave accusations, if the\naccuser be prepared to pay a fine.\n\n96. When it is agreed on; one of the parties shall perform [the\nordeal], the other be in readiness to pay the fine. Even without a\nfine, there shall be trial by ordeal in case of treason or great\ncrime.\n\n97. [The accused,] being summoned, shall, after bathing at sunrise and\nfasting, be made to go through the several ordeals, in presence of the\nmonarch and the brahmans.\n\n98. The scales are [the ordeal] for women, children, aged men, the\nblind, the lame, brahmans, and those afflicted with disease. Fire\nor water, or the seven barleycorns' weight of poison are [the ordeal]\nfor a Sudra.\n\n99. For a less value than a thousand _panas_, one shall not go\nthrough the ordeal of the [heated] iron plough-share, of poison, or of\nthe scales: but in case of offence against the monarch or great crime,\npurifications[172] shall always be gone through.\n\n100. When the accused has been placed in the scales by those who\nunderstand the art of weighing, a counter-weight adjusted, and a line\ndrawn, he is then to be taken out [of the scales.]\n\n101. \"O scales! made by the gods, of old, the abode of truth:\ntherefore do ye, propitious ones, declare the truth and liberate me\nfrom suspicion!\n\n102. If I be an evil-doer, then bear me down, oh mother! If I be pure,\ncarry me upwards!\" Thus shall he [who is to go through the ordeal]\ninvoke the scales.\n\n103. The hands [of the accused] shall be inspected when rice has been\nrubbed in them; after which, seven leaves of the Indian fig tree are\nto be placed therein [_scil._ in his hands] and fastened round\nsuccessively with a thread.\n\n104. \"Thou, O fire, dwellest in all created things! O purifier, in\ntestimony of innocence and guilt, do thou, in my hand, make known the\ntruth!\"\n\n105. When he [who suffers the ordeal] has thus spoken, let a smooth\nred hot iron ball, of fifty _palas_ weight, be placed upon both his\nhands.\n\n106. Carrying this, let him slowly walk across seven circles, of\nsixteen fingers breadth diameter each, with an interval of the same\nmeasure between each.\n\n107. If, having thrown down the fireball, and being [again] rubbed\nwith rice, he [the accused] is unburnt, his purification is\naccomplished. Should the ball during [the trial] fall down, or should\nthere be any doubt, he is to take [it] again.\n\n108. \"By the power of truth, O Varuna,[173] save me!\" Thus invoking\nthe water, and grasping the thighs of a man standing in water up to\nhis navel, let him [who goes through this ordeal] submerge himself.\n\n109. An arrow at the same instant shot [from the bow] a swift\nfooted-man shall [run and] fetch: should he, upon his return, see that\nthe body [of the accused] is still submerged, the latter is to be\nexculpated.\n\n110. \"Thou, O poison, Brahma's[174] son, art ordained for truth and\nright; free me from the accusation, and be to me, by the power of\ntruth, a draught of immortality!\"\n\n111. Thus speaking, he shall eat of poison produced by the Sringa\ntree, of the Himalaya. Whoever is able to digest this without evil\neffect, shall be declared innocent.\n\n112. Let the judge, adoring terrible deities, and taking of the water\nin which [their images] have been bathed, adjure it, and cause [the\naccused] to drink off three times the contents of his palms.\n\n113. He to whom, within fourteen days from this [ordeal], no great\ncalamity happens, either from the monarch or by act of God, shall\nwithout doubt be [held] guiltless.\n\n114. A father when making partition [of his property], can divide it\namong his sons as he pleases; either giving to the eldest the best\nshare or in such wise that all share equally.[175]\n\n115. If he give equal shares, such of his wives as have not received\n_stridhana_ from their husband or father-in-law shall also equally\nshare.[176]\n\n116. If one have means, and do not desire [to share in the paternal\nestate], he shall be separated, something trifling being given to\nhim.[177] A distribution by a father in smaller or larger shares, if\nin accordance with the Sastras, is lawful.[178]\n\n117. After decease of the parents, let the sons make equal division\nof the property and of the debts.[179] And so the daughters, of what\nis left of the mother's [_stridhana_], after [paying] her debts; and,\nif there be no daughters, the sons or others of the family [being\nheirs, take it].\n\n118. What has been self-acquired by any one, as an increment, without\ndiminishing the paternal estate, likewise a gift from a friend or a\nmarriage-gift, does not belong to the coheirs.[180]\n\n119. If one have recovered ancestral property which had been\npurloined, he has not to give it up to the coheirs;[181] nor shall a\nman share the earnings of science.[182]\n\n120. If however the common property be augmented, equal division is\nenjoined.[183] In making division among several grandsons, regard\nshould be had to the respective [portions of their deceased] fathers;\n\n121. inasmuch as the ownership of father and son is co-equal in the\nacquisitions of the grandfather, whether land, any settled income, or\nmoveables.\n\n122. If a son be born of a wife of equal cast, after partition made,\nhe is to share; or a share may be allotted him from the estate as it\nis, after allowing for income and expenditure.[184]\n\n123. Whatever property may be given by the parents to any child,\nshall belong to that child. If partition be made after the father's\ndeath, the mother shall also have an equal share.[185]\n\n124. Those of the brothers whose ritual ceremonies have not been\naccomplished, shall have them completed by the others whose ritual is\ngone through: so in like manner as to the ritual of sisters, [each of\nthe brethren] devoting a fourth part of his share.[186]\n\n125. The sons of a brahman, shall receive, according to their\n[mother's] cast, four parts, or three, or two, or one: the sons of a\nkshattriya [in like manner], three, or two, or one: and the sons of a\nvaisya, two, or one.[187]\n\n126. Whatever, after partition has taken place, may be discovered to\nhave been wrongly appropriated by one of the sharers,[188] shall be\nequally divided among them all: this is enjoined.\n\n127. A son begotten by one who is without male issue, in obedience to\nprecept,[189] upon another man's wife, becomes by law heir to both,\nand presents the death-oblations of both.[190]\n\n128. (I) \"An _aurasa_[191] son,\" is one born of a _dharma_[192] wife;\nequal with him is\n\n(II) \"A daughter's son.\"[193]\n\n(III) \"A wife's son,\" is a son begotten by\n\na relative[194] [of the husband] or by another [duly authorised].\n\n129 (iv) \"A son of hidden birth,\" is one brought forth in private, in\nthe [husband's] dwelling.[195]\n\n(v) \"A girl's son,\" is one born of an unmarried girl;[196] he is\nconsidered the son of the maternal grandfather.\n\n130 (vi) \"A son of the twice-married,\" is one born of a woman [by a\nsecond marriage], whether she be [at the time of that marriage] a maid\nor not.[197]\n\n(vii) \"A son by gift,\" is one who is made a gift of, either by his\nfather or his mother.[198]\n\n131 (viii) \"A son by purchase,\" is one sold by his parents.[199]\n\n(ix) \"A son made,\" is a son [born of parents deceased,] selected by\nany one for himself.\n\n(x) \"A self-given son,\" is one who has given himself [as a son to\nanother.][200]\n\n(xi) \"A son with the bride,\" is one of whom the mother is already\npregnant [by another than her husband] when she marries.[201]\n\n132 (xii) \"A deserted son,\" is one adopted upon being forsaken [by his\nown parents.[202]]\n\nThe first in order that there may be, of the sons above described,\nshall present the oblation cake[203] and take the inheritance.[204]\n\n133. Such is the rule enjoined by me for sons where there is equality\nof cast. Even the son begotten by a Sudra, on a slave-woman, shall\nhave such share as [the father] may allot.[205]\n\n134. [But if there be no partition till] after the father's death,\nthen the brothers [born in marriage] are to assign him half a share:\nif there be no brothers nor daughters' sons, he then takes the whole.\n\n135, 136. If a man depart this life without male issue; (i) his wife, (ii)\nhis daughters, (iii) his parents,[206] (iv) his brothers,[207] (v) the\nsons of brothers,[208] (vi) others of the same _gotra_,[209] (vii) kindred\nmore remote,[210] (viii) a pupil, (ix) a fellow-student[211]--these succeed\nto the inheritance; each class upon failure of the one preceding. This\nrule applies to all the casts.\n\n137. The heirs of a hermit, of a religious ascetic, of a professed\n_brahmachari_,[212] are successively, the preceptor, the disciple, and\nan associate dwelling in the same religious retreat.\n\n138. One reunited[213] shall take the portion of his deceased reunited\nco-sharer, and shall give it up to a [son, if one be afterwards]\nborn.[214] This is always so with uterine brothers.\n\n139. A reunited half-brother shall take the property; not a\n[separated] half-brother: but a [uterine brother] whether reunited or\nnot, shall take; this not being so with the half-brother.[215]\n\n140. An impotent, an outcast as well as his son,[216] a cripple, a\nmadman, an idiot, one blind, one incurably diseased, and such\nlike,[217] are to be maintained, but do not share in the inheritance.\n\n141. The _aurasa_ sons of those [disqualified] persons, also their\nwives' sons,[218] if themselves free from defect,[219] succeed to\nshares; and their daughters[220] are to be maintained until provided\nwith husbands.\n\n142. [So] their childless wives shall be maintained, if of good\nconduct; but shall be cast off, if of vicious habits, or of an evil\nnature.[221]\n\n143. What has been given [to a woman] by her father, her mother, her\nhusband, or her brother, or received by her before the nuptial fire,\nor on occasion of her husband's marriage with another wife, and such\nlike,[222] is called _stridhana._\n\n144. Gifts from her kindred, from the bridegroom [before marriage],\nalso subsequent gifts, descend to her own kindred, should she die\nwithout issue.\n\n145. The _stridhana_ of a wife dying without issue, who has been\nmarried in one of the four forms of marriage designated _brahma_\n&c.,[223] belongs to the husband; if she have issue, then the\n_stridhana_ goes to her daughters; should she have been married in\nanother form,[224] then her _stridhana_ goes to her parents.[225]\n\n146. Whoso withholds his daughter,[226] after having promised to give\nher [in marriage], shall be amerced, and shall reimburse all expenses\nincurred with interest. If she die [after being affianced] he [_i. e._\nthe bridegroom] shall receive back what he has given, deduction being\nmade for the expenditure on both sides.\n\n147. A husband need not return to his wife _stridhana_ appropriated by\nhim, during a famine, or in order to perform sacred rites,[227] or\nwhen suffering from disease,[227] or when in prison.[227]\n\n148. If he marry another wife, he shall give to the one he has, as a\nconsideration for superseding her, should she not already have\nreceived _stridhana_, what is equivalent [to his gifts on the second\nmarriage]: but, should she have already received _stridhana_, then, it\nis declared, [she is entitled to only] half the amount.[228]\n\n149. If the fact of a partition be denied, the matter shall be\nascertained by [reference to] relatives, near or remote, witnesses,\nand writings, also [by enquiry as to] separate possession of messuage\nand land.[229]\n\n150. When there is a dispute as to boundaries, the neighbours of the\n[disputed] land, old men and the like,[230] cowherds, cultivators of\nthe soil close to the [disputed] boundary, and all whose business is\nin forests--[231]\n\n151.--these shall determine the boundaries, as they are indicated by\nelevated ground, by charcoal [-remnants],[232] by husks,[233] by\ntrees, by a causeway, by ant-hills, by depressions of the soil, by\nbones, by memorials,[234] and such like.[235]\n\n152. Otherwise,[236] four, eight, or ten neighbours of the same\nvillage, wearing a red wreath and red garments, and carrying earth,\nshall settle the boundary.[237]\n\n153. And if any falsehood be uttered, upon each one [speaking falsely]\nthe monarch shall impose the medium fine.[238]\n\nIn the absence of any persons having knowledge of the matter, and of\nany indicatory signs, the monarch shall mark the boundary.[239]\n\n154. The same rule applies to fruit-gardens, to out-houses, to\nvillages,[240] to wells or tanks, to pleasure-gardens, and to\ndwellings, as well as to watercourses caused by the rain.[241]\n\n155. If the boundary be broken, or be overstepped,[242] if a\nfield[243] be taken away; the lowest, the highest and the medium\nfines shall be imposed.[244]\n\n156. [Constructing] a useful dam, if it occasion but slight damage [to\nindividuals], is not to be prevented; nor is a well[245] which takes\nfrom another's land, if having an abundant supply of water and not of\nlarge extent.\n\n157. If one construct a dam in a field, without notice to the owner\nthereof, the right to use it, when complete, shall belong to the owner\nof the field: if the field be without owner, then the user belongs to\nthe monarch.\n\n158. Whoso fails to complete the cultivation of a field which he has\npartially ploughed, shall be made to pay [to the landowner] the value\nof the [expected] crop. He[246] shall complete the cultivation by\nmeans of another.\n\n159. If a female buffalo spoil corn,[247] [her owner] shall be fined\neight _mashas_,[248] if a cow, the half [of that sum]; if a goat or a\nsheep, the half of the latter.\n\n160. If, after having grazed, they repose there, the fine shall be\ndouble what is above specified.\n\nThe same [rule applies] to land kept for pasture. An ass and a camel\nare [in this respect] the same as a female buffalo.\n\n161. There shall be an indemnity for the owner of the field equal in\nvalue to the corn destroyed.[249] The herdsmen shall receive a\nbeating, but the cattle-owner be punished by fine, as before\nmentioned.\n\n162. No guilt attaches[250] [to the cattle-owner,] if the field[251]\nbe close to the public road, or to the village pasture lands,[252] and\nhe do not intend [the trespass]; if he do intend it, then he incurs\npunishment as a thief.\n\n163. A bull, cattle permitted to be at large,[253] a cow that has\nrecently calved, estrays,[254] and the like,[255] having no keeper or\nbrought there by accident or by act of the monarch, shall be let go\nfree.[256]\n\n164. The herdsman shall, at the close of the day, give back the\ncattle, in the same manner[257] as they were delivered to him: if he\nbe in receipt of wages, he shall replace such as have, through his\nnegligence, died or been lost.[258]\n\n165. If loss accrue by fault of the herdsman, he shall be fined\nthirteen _panas_ and a half, and shall make good the loss to the\nowner.\n\n166. Pasture-ground shall be allotted for cattle, such as the\nvillagers agree upon, or in proportion to the whole area of land, or\nas the monarch wills.\n\nA twice-born man may, in every place, appropriate as his own, grass,\nfuel, and flowers.[259]\n\n167. There shall be a space of one hundred _dhanus_[260] between a\n_grama_,[261] and the [surrounding] fields, of two hundred for a\n_karvata_,[261] of four hundred for a _nagara_.[261]\n\n168. A man may seize any thing, belonging to himself, which another\nhas sold.[262] The purchaser incurs blame, if [he have bought]\nsecretly: and, if [he bought] from a low man,[263] with secrecy, for\na small price, and at an unusual hour, he is [to be accounted] a\nthief.\n\n169. If one obtain property [which he afterwards discovers to have\nbeen] lost or stolen, he should cause the taker[264] of it to be\nsecured: should time or the place not permit of this being done, he\nmust himself restore the property [to its owner].\n\n170. Upon his producing the seller, he [the possessor,] is himself\ncleared: the owner takes the property, the monarch the fine, and the\n[defrauded] purchaser the value from the seller.\n\n171. [A claim to] property [as] lost,[265] is to be supported by proof\nof acquisition[266] or of user: [the claimant,] if he fail, shall pay\nto the monarch one-fifth of the value [of the property] as a fine.\n\n172. Whoever takes [back] from the hand of a stranger what has been\nstolen or lost [from himself] without informing the monarch, shall pay\na fine of ninety six _panas_.[267]\n\n173. When lost or stolen property has been recovered by customs\nofficers or by the local police, the owner may claim it until one year\nhas elapsed;[268] after that time it goes to the monarch.\n\n174. If it be a single-hoofed animal, the owner shall pay four\n_panas_; if a man, five _panas_; if a buffalo, or a camel, or a\ncow, two _panas_; if a goat or a sheep, the fourth part of a\n_pana_.[269]\n\n175.[270]Any property, other than women and children, may be given\naway, if it be no detriment to the family--but not the whole property,\nwhere there are children; nor any portion which has been already\npromised to another.\n\n176. The acceptance [of a gift] should be public, especially of\nimmovable property. Whatever may be lawfully given and is contracted\nto be given, shall not, after gift, be resumed.\n\n177. The time given for trial [on purchase] of seed, is ten days;[271]\nof iron, one day; of beasts of burden, five days; of precious stones,\nseven days; of women,[272] one month; of milch-cows, three days; of\nmen,[272] half a month.\n\n178. By the action of fire, gold is not lessened in quantity: one\nhundred _palas_[273] of silver thereby lose two _palas_; of tin, one\nhundred _palas_ lose eight; lead and copper, out of one hundred\n_palas_, lose five; iron, of one hundred _palas_, loses ten.[274]\n\n179. One hundred _palas_ of wool or cotton when worked[275] are\nincreased by ten _palas_; if the thread be of middling fineness, the\nincrease is five _palas_; if very fine, three _palas._\n\n180. In figured textures and in those made of hair, the loss is\nestimated at one thirtieth part. In a texture of silk or of the bark\nof trees, there is neither loss nor increase.\n\n181. Whenever loss has been sustained, the artisan shall be\nimperatively required to pay what competent judges award, after they\nshall have investigated [circumstances, of] place, of time, of the\nmode of using [the material], and its quality of strength or\nlightness.[276]\n\n182. One made a slave by compulsion, and one sold[277] [into slavery]\nby robbers, are [entitled to be] set free; so also is [a slave] who\nsaves his master's life; also one who [having adopted servitude for a\nliving,] abandons his claim to maintenance; also one enslaved who pays\noff what is due from him.[278]\n\n183. One who, being a religious mendicant, forsakes that condition,\nshall be, until death, the monarch's slave. Slavery must be in the\norder of the casts, not inversely.[279]\n\n184. Though an apprentice have attained a knowledge of his art,[280]\nhe shall [nevertheless] remain in his master's house for the\nstipulated time, receiving from his master maintenance, and giving up\nto him his earnings.[281]\n\n185. The monarch shall erect in the city a mansion and shall settle\ntherein brahmans learned in the three Vedas, and endow them, giving\nthem injunction to discharge their duties.[282]\n\n186. They shall diligently practise all observances stipulated\nfor[283] [in the endowment] which do not interfere with their personal\nduties, also whatever other observances the monarch may enjoin.[284]\n\n187. Whoso appropriates what belongs to the community or violates his\nengagement [with the community], shall forfeit his property and be\nbanished the realm.[285]\n\n188. The word of those who [are appointed to] superintend the\naffairs[286] of the community must be obeyed by all [the members]: he\nwho acts in violation thereof shall be amerced in the first [_i. e._\nlowest] fine.[287]\n\n189. Those who have come [from other parts] upon the affairs of the\ncommunity shall, upon completion of the business, be dismissed by the\nmonarch, with gifts, with honour, and with hospitable entertainment.\n\n190. An emissary upon the business of the community shall deliver up\nwhatever he has received [on their account]: if he fail to deliver\nvoluntarily, he shall be amerced eleven times the value [of what he\nwithholds].\n\n191. They who have direction of the affairs of the community should be\nsuch as know their duties,[288] are pure minded, and not covetous;\ntheir word for the welfare of the community is to be followed.\n\n192. What has just been enjoined is obligatory in like manner upon\ncommunities of craftsmen, of traders, and of _pashandas._[289]\nThe monarch should preserve their distinctive character, and make\nthem respectively adhere to their original callings.[290]\n\n193. If one, after receipt of wages, abandon his work, he shall pay\ndouble the amount; if [he desert] when he has not received [his\nwages], he shall pay a sum equal [to his wages].[291]\n\nThe implements shall be in charge of the workman.[292]\n\n194. The monarch shall oblige him who gets work done without having\npreviously fixed the rate of hire, to pay a tenth part, [whether]\nearnings in trade or [in care] of cattle, or [in cultivation] of corn.\n\n195. A master[293] may treat as he thinks right one who disregards\ntime or place, or [so acts that he] prevents profit being earned.[294]\n\nThe more that is done, the more shall be given.\n\n196. Where work [contracted for by two] cannot be proceeded with by\nthe two,[295] [the one who has to abandon the work] shall be paid\naccording to what he has performed; but, if practicable, the original\ncontract should be carried out.[296]\n\n197. If goods [when in transport from place to place] be lost, the\ncarrier shall pay their value; except [the loss be] occasioned by the\nmonarch or by act of God. If he [who has contracted to transport\ngoods] cause them not to start on the journey, he shall be made to pay\ntwice the amount of his hire:\n\n198. if he abandon [his charge] when at the outset of the journey, he\nshall pay [a sum equal to] a seventh part [of the hire]; if, when he\nhas proceeded to some distance, a fourth part; if when half-way, the\nentire amount of hire. The like [rule is to be observed] where [the\nhirer] breaks [his contract].\n\n199. If a professed gambler win at play [as much as] one hundred\n[_panas_], he shall pay to the keeper of the house one-fifth:\nothers shall pay [the keeper] a tenth of their winnings.\n\n200. The latter,[297] [in consideration of] having [royal] protection,\nshall pay the portion stipulated to the monarch, shall make over all\nstakes won to the winner, shall be true of speech, and forbearing.\n\n201. The monarch shall enforce payment of winnings; [that is,] such as\nare made in a place kept by a licensed gaming-house-master paying the\nroyal dues, among known players, meeting openly; in other cases, not.\n\n202. They who manage suits [arising out of the games], also the\nwitnesses, are to be such persons as those last described.\n\nIf any one play with false dice or cheat, the monarch shall have him\nbranded and banished.\n\n203. An overseer of the games should be appointed, who may thus become\nfamiliar with [the persons of reputed] thieves.[298]\n\nThe like rules apply to wagers at fighting games, whether of men or\nbrutes.[299]\n\n204. If any give abusive words to one deprived of a limb or an organ\nof sense, or diseased, whether the words be true or untrue, or [in the\nguise of] ironical praise,--he shall be fined thirteen _panas_ and\na half.[300]\n\n205. The monarch shall compel one who uses such insulting language as,\n\"I will go to thy sister\" or \"to thy mother,\"[301] to pay a fine of\ntwenty-five _panas._\n\n206. Half [of this fine is to be imposed when the offensive words are]\nto inferiors, double if to the wives of other men or to superiors. The\nfine shall be regulated according to the higher or lower cast of the\nparties.[302]\n\n207. [Thus;] if the offence occurs, [where the parties are] in the\nascending line of cast, the fine shall be double or treble [as may\nbe]; if in the descending line, the fine shall be always lessened one\nhalf.[303]\n\n208. If injury be threatened to a person's arm, or neck or eyes or\nthigh, the fine shall be one hundred _panas_; if to the foot or\nnose or ear or hand, and the like,[304] half of that [fine].\n\n209. If the threat be by one who has not the power [to carry out his\nthreat], he shall be fined ten _panas_; [the threatener] who has\nthe power shall be, in addition, compelled to give surety for the\nsafety of the person [threatened].\n\n210. For abuse by imputation of a crime which would entail loss of\ncast, the middle fine [shall be exacted]; if of a lesser crime, the\nlowest fine.\n\n211. If the abuse be directed against one conversant with the three\nVedas, against the monarch, or against the gods, the highest fine [is\nincurred]; if against a whole cast or a community, the middle fine; if\nagainst a village or the realm, the lowest fine.\n\n212. If a person be beaten without witnesses, the case shall be tried\nby marks, probabilities and public report; not however without some\nsuspicion that the marks may have been falsely contrived.\n\n213. For [defiling by] touching with ashes, mud, or dust, a fine is fixed\nof ten _panas_; for [defiling by] touching with impurities,[305] _scil._\nof the heel or of the saliva, double [that fine]:\n\n214. that is, if the parties be on an equality. If [the offence be]\nagainst other men's wives, or against superiors, [then the penalty is]\ndouble; if against inferiors, the half. Should [the aggressors] be\ninsane or intoxicated or the like, there shall not be punishment.\n\n215. Should a limb of one not a brahman occasion pain to a\nbrahman, it shall be cut off. If [a weapon] be raised [against one\nof inferior cast],[306] the lowest fine [is to be paid]; if the weapon\nbe merely handled, then the fine shall be half.[307]\n\n216. But should a hand or a foot be raised, the fine shall be\n[respectively] ten and twenty _panas._ People, however, of any\n[cast, who lift] weapons against their cast-fellows shall pay the\nmiddle fine.\n\n217. For pulling a person by the foot, by the hair, by the clothing,\nor by the hand, the fine is ten _panas_: for inflicting pain by\ndragging about or by violent handling of the clothes, and for putting\nthe foot upon a person, [the fine is] a hundred _panas._\n\n218. He who beats with a stick or the like, short of effusion of\nblood, shall pay a fine of thirty-two _panas_; if blood appear, the\nfine is double[308]\n\n219. For damaging a hand, a foot, or a tooth, and for cutting the ears\nor the nose, there is the middle fine: the same for rending open a\nwound, or for beating a person till he be as one lifeless.\n\n220. For beating [one so that he] cannot stir, or [so that he cannot]\neat, or [so that he cannot] speak, for destroying an eye and the\nlike,[309] for breaking a neck, an arm, or a thigh, [there shall be]\nthe middle fine.[310]\n\n221. If several unite in beating one person, the fine shall be\ndouble[311] that prescribed; whatever property be taken away in the\nstruggle shall be restored, and, in addition, the double fine\n[imposed].\n\n222. Whoever causes pain to another [by any such means] shall be made\nto pay the expense of the cure, as well as the regulated fine for the\nfray.[312]\n\n223. He who batters, rends, breaks or pulls down a wall, shall be made\nto pay a fine of five, ten or twenty _panas_ besides the value.\n\n224. He who casts into a dwelling house any thing hurtful or\ndestructive of life, shall be made to pay, for the first a fine of\nsixteen _panas_, for the second the middle fine.\n\n225. For injury to the smaller sort of cattle, or for shedding their\nblood, for lopping one of their horns or the like[313] or one of their\nlimbs, one shall pay a fine of two and a half _panas_ and upwards.\n\n226. For cutting off the male privy member [of such cattle], or\nslaying [one], the middle fine, as well as the value [of the animal],\nshall be paid. For the larger cattle in such cases the fine is\ndouble.[314]\n\n227. For cutting down branches, or the trunk, or the entire tree,[315]\nof such as re-produce [after mutilation], [also for similar injuries]\nto trees which supply food,[316] the fine shall be doubled\nprogressively up from twenty _panas_:[317]\n\n228. should the trees be growing where there are memorial erections,\nor in places for disposal of the dead, or on boundary lines, or in\nholy places, or in a temple, a double fine [shall be levied]; so, for\nany famous tree.[318]\n\n229. For cutting brushwood, grasses, shrubs, climbing plants,\nground-spreading creepers, annuals, and herbs, at the places above\nmentioned, half of the fine is ordained.\n\n230. Forcibly taking away [any thing, though it be] public property,\nis _sahasa_;[319] the fine for it is double the value [of the\nproperty]. [If the crime be,] on denial, [proved,] then, four times\nthe value.\n\n231. He who instigates the commission of _sahasa_, shall pay a double\nfine, and four-fold if he instigate by promise of reward.\n\n232. He who rails at a venerable person,[320] or who disobeys such an\none, he who maltreats his brother's wife,[321] he who fails to give\nthat which he has promised, he who forces a dwelling-house with a seal\nupon it,[322]\n\n233. he who does harm to his neighbour, or to his kindred, and such\nlike[323]--each of these shall be fined fifty _panas_. So is it\nenjoined.\n\n234. He who, [on the impulse] of his own will [merely], goes to a\nwidow,[324] he who, when there is a cry for help, does not haste [to\nrender it], he who reviles without cause, a _chandala_[325] who\ntouches one of higher cast,\n\n235. he who, when making an oblation to the gods or to ancestors,\nfeeds Sudras, or _pravrajikas_,[326] he who swears an improper\noath, or who does what he has no title to do,[327]\n\n236. he who emasculates a bull or smaller animal, who embezzles common\nproperty, who destroys the embryo of a female slave,\n\n237. and, among fathers and sons, sisters and brothers, husbands and\nwives, teachers and disciples, if either desert the other, [he or she]\nnot being an outcast--[in these several instances,] the fine is a\nhundred _panas_.[328]\n\n238. A washerman who wears another's dress shall be fined three\n_panas_; if he sell, let out, pledge, or, when importuned [give it\naway],[329] ten _panas._\n\n239. If, when father and son quarrel, one volunteer to be a\nwitness,[330] the fine is three _panas_; but, if [on such an\noccasion] one offer himself as surety,[331] he shall be fined\neight-fold.\n\n240. Whoever falsifies scales, or a royal order, or a measure,[332] or\na coin,[333] likewise whoever [knowingly] uses them [so falsified],\nshall be made to pay the highest fine.[334]\n\n241. A tryer of coin who pronounces a false one to be genuine or a\ngenuine one to be false, shall be made to pay the highest fine.\n\n242. One who falsely sets himself up as a physician,[335] shall, [for\nhis malpractice,] if brutes be concerned, pay the first fine--if\nmankind, the middle fine--but, if royal officers, the highest fine.\n\n243. Whoso imprisons one not deserving of imprisonment,[336] or\nreleases one found worthy of imprisonment or pending his trial,[337]\nshall pay the highest fine.\n\n244. He who, in measurement, or [use of] the scales, defrauds [to the\nextent] of an eighth, shall be made to pay a fine of two hundred\n_panas_, and thus proportionably for a more or less quantity.\n\n245. He who adulterates[338] medicine, or oily commodities, or salt,\nor perfumes, or corn, or sugar, or other saleable articles, shall be\nfined sixteen _panas._\n\n246. For making one sort of article to appear to be of another sort,\nwhether it be earthen goods, or skins, or precious stones, or threads,\nor corn, or wood, or bark of trees, or clothes, a fine [is ordained\nof] eight-fold the purchase money.\n\n247. For him who changes a covered basket,[339] or who gives in pledge\nor sells counterfeit drugs in a wrapper,[340] the fines prescribed\nare,\n\n248. where [the value is] below a _pana_ fifty _panas_, where\n[it amounts to] a _pana_ one hundred _panas_, where to two\n_panas_ two hundred _panas_: with increase of value the fine\nincreases.\n\n249. The highest fine is imposed on those who, [although] aware of the\nrise or fall in prices, combine, to the prejudice of labourers and\nartists, to create a price [of their own].\n\n250. For traders who combine, by [arbitrarily fixing] an improper\nprice, to impede [the traffic in] any commodity, or to make [an\ninjurious] sale of it,[341] the highest fine is ordained.\n\n251. The price in [transactions of] sale and purchase, daily, is\nregulated by the monarch;[342] the difference[343] is declared to be\nthe traders' profit.\n\n252. On goods of his own country let a trader clear a profit of five\nper cent., and ten per cent. on those of another country; provided he\nmake prompt sale of his purchase.\n\n253. [The monarch] is to determine the price, in unison with the\nwishes of both purchaser and seller; first adding to the cost of the\narticle the expense of bringing it to the market.[344]\n\n254. He who, having received the price of any commodity, fails to\ndeliver it to the buyer, shall be compelled to deliver the article,\ntogether with damages [for the detention]; and should the buyer be\nfrom foreign parts, then, the foreign profit [shall be added].\n\n255. There may be a re-sale of goods sold, if the original buyer will\nnot receive them. If loss arise from misconduct of the buyer, he shall\nbear it.\n\n256. Whatever damage may befal goods by [act of] the monarch, or by\naccident, shall be the loss of the seller,[345] where he has failed to\nmake delivery on demand.\n\n257. If a person re-sell that which has been sold to another, or sell,\nas sound, a damaged article; [in either case] the fine shall be double\nthe value [of the article sold].\n\n258. A trader who makes a purchase in ignorance of the rise and fall\nof prices, must not recede from his bargain; if he do, he shall be\nfined a sixth [of the price].\n\n259. Traders who carry on business jointly, for profit, shall share\nthe profits and losses, either in proportion to the capital [brought\nin by each], or according to the contract between them.[346]\n\n260. [A joint trader] who occasions loss [to the partnership] by\n[engaging in] something which his partner has either prohibited or not\nsanctioned, or by any negligence, shall make it good: if [on the other\nhand by his personal exertion] he preserve anything [of the\npartnership property] from loss, he shall have the tenth of it.[347]\n\n261. The monarch, for fixing the prices, should receive a duty of a\ntwentieth.[348]\n\nIf an article of which the sale is prohibited, or one fitting for the\nmonarch[349] [to possess], be sold [without the royal license], it\nshall be forfeited to the Crown.[350]\n\n262. Whoever declares false weight, or avoids the place where custom\nis levied, shall be made to pay eight-fold; so he who fraudulently\nbuys or sells.[351]\n\n263. A ferryman levying [toll as though for] land-duties, shall be\nmade to pay a fine of ten _panas_.[352]\n\nThe same fine is ordained for omission to send invitations to\nbrahmans of the neighbourhood.[353]\n\n264. On the death of one departed to a foreign country, his male\noffspring, his maternal kindred, or those more remotely related, shall\ntake the property: in their default, the monarch [succeeds].\n\n265. Let the partners of a man who acts dishonestly exclude him from\nany share of the profits. Let him who is disabled [to act personally\nin the partnership business] act by the agency of another. Thus too it\nis enjoined for [associations of] priests[354] farmers, and craftsmen.\n\n266. Capture of a thief by the officer is warranted by [his possession\nof] the property stolen, or by traces of him, also by his having been\nan offender previously, or his being an inmate of a house of ill\nrepute.\n\n267. And others there are who may be arrested on suspicion, _viz._,\nsuch as conceal their caste, name, &c., also those addicted to\ngambling, to women, and to drinking, and such as have [betrayed\nthemselves by] a parched mouth in speaking, or a stammering voice;\n\n268. those, moreover, who are inquisitive about others' goods and\nhouses, or who put on a disguise, or who expend [lavishly] although\nthey have no [ostensible] income, or who sell things that have been in\nuse.\n\n269. If one arrested on suspicion of theft do not clear himself, he is\nto be punished as a thief, being first compelled to make good the\nproperty stolen.\n\n270. [The monarch] should compel the thief to make restitution of the\nstolen articles, and subject him to [such of] the different corporeal\ninflictions [as may be proper]: a brahman [who is a thief] he shall\nbrand and banish the realm.\n\n271. When a murder or theft has occurred, and [the criminal] is not\ntraced beyond the village, blame falls on the village governor; if [he\nbe traced] to the public road, blame falls on the governor of the\ndistrict; if traced out of the district, the officer charged with\npursuit of criminals shall be to blame.\n\n272. The village within whose boundary [the crime is perpetrated]\nshall pay; or [that village shall pay] to which track [of the\ncriminal] leads; so, if the track lead to a place within a\n_krosh_[355] skirting five villages [all shall pay]; so of ten\nvillages.\n\n273. House-breakers,[356] they who steal horses or elephants,\nmurderers by open violence--such shall be impaled.\n\n274. He who purloins [apparel, &c.[357]] shall have a hand cut off;\ncut-purses,[358] shall have the thumb and fore-finger cut off; for a\nsecond offence, a hand and a foot shall be cut off.\n\n275. For theft of goods of trifling, of medium, and of the highest\nvalue,[359] the penalty to be inflicted is proportioned to the value\nof what is stolen. In its determination, place, time, age, and\nability, are to be considered.[360]\n\n276. One who knowingly supplies a thief or a murderer with food,\nshelter, fire, water, counsel, implements, or money, incurs the\nhighest fine.[361]\n\n277. For wounding with weapons, and for causing abortion, the highest\nfine is ordained; the highest or the lowest for killing a man or a\nwoman.\n\n278. A woman incorrigibly wicked, one who has slain a man, one who has\ndestroyed dams,[362] shall, unless she be in a state of pregnancy, be\nthrown into [deep] water with a [heavy] stone tied to her.\n\n279. A woman who is a poisoner, or an incendiary, one who has slain\nher husband, her _guru_, or her child, shall be put to death by bulls,\nher ears, hands, nose, and lips being cut off.[363]\n\n280. If a man be slain, and it be not known who did the deed, his\nsons, kindred, wives, also women who are in habits of illicit\nintercourse, are to be separately and without delay questioned,--as\nto, whether any quarrel has occurred,\n\n281. whether the deceased was addicted to women, or fond of what is\ncostly, or seeking gain,[364] also with whom he had gone--or, the\npeople in the neighbourhood of the place where the murder occurred\nshall be examined, by gentle means.\n\n282. Incendiaries of fields, houses, forests, villages,\npasture-grounds or granaries, also one who has intercourse with the\nwife of the king, are to be burned in a straw-fire.\n\n283. A man is to be apprehended for adultery, if [found] with another\nman's wife in mutual grasping of hair or with recent love-marks, or\nwhen both admit [their fault],\n\n284. or [if the man be found] toying with her girdle, with her\nbreasts, her upper garment, her thigh, or her hair, or conversing with\nher at an unfitting place or hour, or on the same spot with her.[365]\n\n285. The wife, if [so acting] after express prohibition, shall pay one\nhundred _panas_ fine; the man, two hundred _panas_: if both have\nbeen expressly prohibited [so demeaning themselves], their punishment\nshall be the same as for adultery.[366]\n\n286. For adultery with a woman of equal cast, a man incurs the highest\nfine; with a woman of lower cast, the middle fine; with a woman of\nhigher cast, [the penalty is] death,[367] and the woman is to have her\nears, &c.[368] cut off.\n\n287. If one make off with a virgin decked out [for the bridal], he\nshall pay the highest fine; if she be not so circumstanced, then the\nlowest fine. Thus it is, if the virgin be of equal cast: if she be of\nhigher cast, [the penalty of] death is ordained.\n\n288. In the case of a virgin consenting and of inferior cast, no\noffence [is committed]; otherwise, there is a fine.[369] For ravishing\nher, the man's hand shall be cut off: if the virgin be of the highest\ncast, [the penalty is] death.\n\n289. Whoso speaks disparagingly of a woman shall forfeit one hundred\n_panas_; but, two hundred, one who brings a false charge against [a\nwoman]. Whoso has carnal knowledge of a brute animal shall forfeit one\nhundred _panas_; if of a lowest cast woman[370] or of a cow, the\nmiddle fine.\n\n290. If a man[371] have carnal intercourse with female slaves or\nservants, or even with common women, [such slaves, &c.] being kept [by\nthose to whom they belong] secluded,[372] he shall pay a fine of fifty\n_panas._\n\n291. For forcing a female slave,[373] it is written, there shall be a\nfine of ten _panas_; if many [men so] attack one slave, each one\nshall pay twenty-four _panas._\n\n292. A public woman who refuses after taking her hire, shall forfeit\ntwice the amount; so, if the man [decline after contracting, yet] he\nshall pay.\n\n293. Whoso knows a woman unnaturally, or voids his water upon a man,\nalso one who has carnal knowledge of a female mendicant, shall be\nfined twenty-four _panas._\n\n294. [The monarch] shall banish him who goes to a woman of the lowest\ngrade, having branded him with dishonoring emblems: if a Sudra so\nact, he shall be [classed among] the lowest. Death shall be to the man\nof lowest grade who goes to a respectable woman.\n\n295. Whoso fabricates a royal grant,[374] be it for much or little, or\nsets free one who has kidnapped a woman, shall pay the highest fine.\n\n296. One who brings dishonor to a brahman by giving as food what is\nunfit to be eaten, is amenable to the highest fine; if to a\nkshattriya, the medium fine; if to a vaisya, the lowest fine; if to\nSudra, half the lowest.\n\n297. If one trade with counterfeit gold, or sell tainted meat; three\nof his members[375] shall be amputated, and he shall pay the highest\nfine.\n\n298. Damage caused by four-footed animals shall not be borne by their\nowner, if he have given warning to clear the way: so, with regard to\nwood, earth, arrows, stones, a man's arm, or any yoked animals.\n\n299. If death be caused by a vehicle through the breaking of the\n[animal's] nose-bridle, or through breaking of the yoke, or the like,\nor from its running backwards, the owner is [to be held]\nblameless.[376]\n\n300. If the owner of biting or horned animals do not, although able,\nrescue [a person attacked], he shall pay the lowest fine: but, if\nthere was a cry for help, then, double that fine.\n\n301. He who calls an adulterer, 'thief,' shall be made to pay a fine\nof five hundred _panas_: whoever releases such an one, being bribed\nthereto,[377] shall be made to pay eight-fold the amount [of the\nbribe].[378]\n\n302. Whoso speaks what is offensive to the monarch, or reproaches the\nmonarch, or divulges the monarch's counsel, shall have his tongue\nexcised and be banished.\n\n303. Whoso makes sale of garments [used to wrap] the dead, or strikes\nhis _guru_, or seats himself on the vehicle or on the seat of the\nmonarch, shall pay the highest fine.\n\n304. Whoso beats out both [a person's] eyes, a bearer of odious\ntidings to the monarch, also a Sudra holding himself out as a\nbrahman,--[each of these] shall be fined eight hundred _panas_.\n\n305. Such law suits as have been decided unrighteously shall be\nre-investigated by the monarch: [in case of reversal of the judgment]\nthe judges and the winning party shall be amerced in double the amount\nof the fine decreed in the suit.\n\n306. Should one defeated on the contest of his suit represent as\nthough he were not defeated, he shall, when he comes [again to urge\nhis suit, besides] being re-defeated, be fined double.\n\n307. Should the monarch have inflicted any fine unjustly, he shall\nhimself, after making invocation to Varuna,[379] present thirty\ntimes the amount [of the fine] to brahmans.\n\nFOOTNOTES:\n\n[Footnote 43: Various terms are used by our author to denote the head\nof the State (_e.g._ Raja, Protector of men, Lord of men, &c.) to suit\nthe metre or fancifully. In translation we have thought it better to\nbe uniform.]\n\n[Footnote 44: What is understood by science is explained in the first\nbook sl. 3.]\n\n[Footnote 45: Manu, ch. 8, sl. 9.]\n\n[Footnote 46: The original is, _smriti adi_ (the second word being\nequivalent to &c.), which the Commentator explains, as translated, law\nand usage, or custom.]\n\n[Footnote 47: The &c. signifies, description of chattels, with their\nnumber, also particulars of place and time. (_M._)]\n\n[Footnote 48: The Commentator has enabled us to supply the ellipsis,\nbut he does not fully explain the author's meaning. It would seem,\nthat in those primitive times, it was considered harsh or inexpedient\nto harass a defendant, or accused person with two legal proceedings,\nof any sort, at the same time. The sentence will, however, bear the\nsense, that no stranger or intervener shall be permitted to come in\nand interrupt the progress of a pending suit.]\n\n[Footnote 49: The Commentator, observing that this prohibition would\nseem to be implied in the terms of the sixth sloka, explains (on the\nauthority of Narada) that the latter refers only to the general object\nof the suit, _e.g._, that if his verbal complaint be of a loan of\nmoney, his recorded complaint shall not be of a loan of apparel--but\nthat this clause, in the ninth sloka, ensures further uniformity in\nthe description of the grievance and character of the suit, _e.g._,\nwhere one has originally complained of retention of 100 pieces of\nmoney lent, he shall not vary his complaint to a forcible taking of\n100 pieces.]\n\n[Footnote 50: These are expressed by one word, _kalaha_: but the\nCommentator notes its comprehensive character, as we have translated\nit. See the analogous passage in Manu, ch. 8, sl. 6, where an equally\nambiguous word _parushya_ is similarly explained in the text itself.\nThe term rendered \"slander\" by Sir Wm. Jones is simply, reviling or\nverbal abuse.]\n\n[Footnote 51: _sahasa_, explained by the Commentator, assault by means\nof poison, or any instrument destructive of life. The word has another\nand more particular signification, as infra sl. 230.]\n\n[Footnote 52: Manu (ch. 8, sl. 59) inflicts a fine of double the debt\nupon the mendacious debtor.]\n\n[Footnote 53: _parushya_, explained by the Commentator _kalaha_: see\nnote [50].]\n\n[Footnote 54: We have followed the Commentator in rendering these\nterms, which are very general and indefinite.]\n\n[Footnote 55: _i. e._ restlessly before the Court.]\n\n[Footnote 56: Manu ch. 8, sl. 25, 26.]\n\n[Footnote 57: ibid, sl. 55, 56.]\n\n[Footnote 58: Literally \"put down,\" _i. e._ taken for granted, all\nquestion of it disposed of. See next note.]\n\n[Footnote 59: This sloka is by no means unambiguous: but it is\nsatisfactorily explained by the Commentator, who says: \"What course is\nto be adopted where two parties simultaneously present themselves to\nthe Court and tender proofs? _e.g._ A man acquired a field by gift,\nand, having for some time possessed it, departed with his family to\nanother country: then, another person obtained a gift of the same\nfield, and, having possessed it awhile, was likewise obliged to go to\nanother country. Both parties return at the same time, claim the same\nfield, and resort to a Court of law. Then arises the question,--whose\nproofs shall be taken? Yajnavalkya says (ut supra sl. 17); that is to\nsay, where one sets up an older title, saying--I was possessed of this\nfield at such a date--his witnesses are the first to be examined; but\nshould the other party urge--True, the field was acquired and enjoyed\nby him at the first, but the king bought it of him and granted it to\nme--or--Another got the field and gave it to me; in that case, as the\nproofs of him who has the older title are of no consequence, and thus\nhe is disposed of, the witnesses of the other claimant are to be\nexamined. It is incorrect [to read the sloka as asserting] that, where\nthere is a denial [of a claim] the witnesses of the plaintiff shall be\nexamined, and where a former judgment or something as a ground of\ndefence is set up, in [either of] which cases the original claim is\nmet, then the witnesses of the defendant shall be heard; inasmuch as\nall this is included in the rule,--(here the Commentator quotes the\n7th sloka of the text). This view is clearly supported by Narada,\n_viz._ On a denial, proof is upon the plaintiff; where some ground of\ndefence is stated, upon the defendant; upon an allegation of prior\ndecree, the decree shall be the proof.--After this Narada\nproceeds:--When there are two claimants, if there be witnesses, the\nwitnesses of the prior claimant shall be [first examined]--So we\nperceive, this [description of] law-suit is distinguished from all\nothers.\" These quotations favor the supposition, that the science of\nspecial-pleading is not of European origin, and is traceable to a\nremote antiquity.]\n\n[Footnote 60: Supra sl. 11.]\n\n[Footnote 61: _e.g._ that the defendant has got possession of gold and\nsilver and apparel, &c. (_M._)]\n\n[Footnote 62: Supra, sl. 6. The Commentator excludes from the\noperation of the harsh rule in this 20th sloka, an heir, who is\nsupposed to deny his ancestor's debt or liability through ignorance;\nbut he attempts to justify the rule itself by experience of human\nconduct.]\n\n[Footnote 63: This Sastra teaches a system or science of ethics\nsuch as moralists now-a-days designate as Machiavellian or jesuitical;\nin which right or wrong have a relative but little intrinsic meaning.\n\nThe Artha Sastra is to be found in the writings of Usanas, of\nBrihaspati and others.]\n\n[Footnote 64: A special-pleading signification is given to this dogma\nby the Commentator: _viz._\n\n\"In questions of debt, &c., though the prior act have been proved, yet\na second act may be more important; _e.g._ if one prove that another\nby borrowing has incurred debt, and the other prove that the money\nborrowed has been repaid.\" (_M._)]\n\n[Footnote 65: The word in the original is, acceptance: but this is\nevidently used as the concluding act of the transaction referred to,\n_scil._ gift.]\n\n[Footnote 66: _e.g._ if one, for a consideration, pledge a field to\nanother, and then pledge the same field to some one else, also for a\nconsideration--the first act is the valid one. (_M._)]\n\n[Footnote 67: Sir Wm. Jones and other learned persons would seem to\nhave restricted the term here used (_pashyati_) to personal knowledge\nby sight; but it comprehends every mode of personal and actual\nobservation or discovery.]\n\n[Footnote 68: who has no legal connection with it. (_M._)]\n\n[Footnote 69: The Commentator quotes Narada, _scil._ \"The guilty one\nwho holds possession without title, for even many hundred years,\nshould be punished by the monarch as a thief\"--and he endeavours to\nreconcile with this the law of Yajnavalkya, by confining the latter to\nthe fruits or profits of the land withheld. But this construction\ncannot be admitted. There is a curious document germane to the subject\nof this sloka copied in the official notes of Sir Robert Chambers\n(Chief Justice of the Calcutta Supreme Court) in July 1791. It is a\nletter from Sir William Jones to the Governor of Bombay upon the Hindu\ntitle by adverse possession or prescription. Sir William writes, that\nthe doctrine of the Mitakshara is; \"An absolute property may be\nacquired in land by continued and undisputed possession for twenty\nyears, in the presence of the owner, provided that the possessor came\nin by a fair title, either by descent or purchase; if he had no fair\ntitle, the intermediate profits only are irrecoverable, but the\nproperty is not lost.\" And he concludes; \"I only add for your further\nsatisfaction, that, if three descents have happened since the first\npossession, without a fair title, property is lost, even though the\nowner was absent; but if three descents have not been cast, an adverse\npossession for a hundred years gives an absolute property in the land\nto the possessor, unless the owner was under some legal disability.\"\nThese may have been the modifications of a later age: they are not to\nbe found in Manu or in Yajnavalkya. Manu ch. 8, sl. 147, &c.]\n\n[Footnote 70: any thing delivered for safe-keeping, its quality and\nquantity being made known. (_M._)]\n\n[Footnote 71: explained infra, sloka 65.]\n\n[Footnote 72: The word literally or usually means \"takes away\"; and\nthe Commentator explains--where a pledgee retains and refuses to give\nback the pledge, relying upon his long possession. The &c. refers to\nthe other exceptions in sloka 25.]\n\n[Footnote 73: The Commentator considers the force and intent of this\nqualification to be, to make the fine commensurate with the usurper's\nmeans, with a view rather of enhancing it to the wealthy than of\nmoderating it to the poor, who are perhaps less likely to offend in\nthis wise.]\n\n[Footnote 74: gift, sale, &c. (_M._)]\n\n[Footnote 75: as proof of ownership, (_M._) Manu, ch. 8, sl. 200.]\n\n[Footnote 76: for three generations. (_M._)]\n\n[Footnote 77: Possession is proof when attended with five incidents; a\ntitle, length of time, continuance, absence of counter-claim,\nknowledge of the adverse party. (_M._)]\n\n[Footnote 78: This qualification is the Commentator's.]\n\n[Footnote 79: Between this and the succeeding sloka another is\nintroduced in the text of the Calcutta edition; _viz._ Possession\naccompanied by a clear title is proof; possession unaccompanied by a\nclear title is no proof.--We have omitted this, because the\nCommentator quotes it as a saying of Narada, and because it is not\nfound (as vouched by professor Stenzler) in either of the M.S.S. in\nthe Berlin Royal Library.]\n\n[Footnote 80: _scil._ as directed in sloka 2.]\n\n[Footnote 81: By a community (_puga_) is meant, the body of\ninhabitants of any village or place, without reference to cast or\noccupation. (_M._)]\n\n[Footnote 82: A guild (_sreni_) signifies those of one calling,\nwhether of the same cast or not. (_M._)]\n\n[Footnote 83: Literally \"before, before,\" which implies their\nsuccessive rank and importance, _i. e._ that an appeal lies from the\nfamily to the guild, and so on.]\n\n[Footnote 84: Literally \"outside.\" The Commentator explains\nit--outside of the town, &c.]\n\n[Footnote 85: _artta_ out of health; evidently meaning here, the\nvictim of disease so as to be unfit for the business of life.]\n\n[Footnote 86: The word (_vyasani_) may also be rendered, suffering\ncalamity; and the Commentator explains the use made of it in the text\nto be, a person who is unhappy either by reason of the absence of the\nobject of his desire or by reason of the presence of what is\ndisagreeable to him. We have however preferred the alternative meaning\nwhich the word admits of.]\n\n[Footnote 87: &c., _i. e._ paralysed by any cause or emotion whatever.\nSee Manu, ch. 8, sl. 163.]\n\n[Footnote 88: by public officers and delivered to the king. (_M._)]\n\n[Footnote 89: The Commentator considers the treasure-trove here\nalluded to, to be buried wealth, of which there is no claimant.]\n\n[Footnote 90: Manu, ch. 8, sl. 37, 38.]\n\n[Footnote 91: The Commentator explains--of the whole world!]\n\n[Footnote 92: _i. e._ by any other than the monarch or a _learned_\nbrahman. (_M._)]\n\n[Footnote 93: The Commentator (referring to Vasishtha and Gautama)\nreads this,--the finder shall take a sixth, the monarch the\nresidue--such being the converse of the plain language used.]\n\n[Footnote 94: Manu ch. 8, sl. 40: in which, to the monarch who fails\nto make restitution is imputed the guilt of the thief. Sir Wm. Jones'\ntranslation of this passage is too indefinite.]\n\n[Footnote 95: _i. e._ The brahman borrower gives two hundredths,\nthe kshattriya three hundredths, &c. (_M._) But Jagannat'ha, in his\nDigest (Colebrooke, B. 1, c. 1, s. 28) interprets the text inversely,\n_viz._ the brahman creditor takes two _suvarnas_ in a hundred, the\nkshattriya three, and so on. Manu, ch. 8, sl. 140-142.]\n\n[Footnote 96: where there is risk of life or property. (_M._)]\n\n[Footnote 97: as well brahmans as others, (_M._) Manu ch. 8, sl.\n157.]\n\n[Footnote 98: _scil._ Notwithstanding the above provisions of the law,\nwhere nothing is expressly stipulated, whatever interest is contracted\nfor must be given and taken.]\n\n[Footnote 99: oil, ghee, &c. (_M._)]\n\n[Footnote 100: Manu enumerates five modes of enforcing or recovering a\ndebt; persuasion, law-suits, artifice, worrying, force: ch. 8, sl.\n49.]\n\n[Footnote 101: as a fine. (_M._)]\n\n[Footnote 102: to defray the cost of adjudication. (_M._)]\n\n[Footnote 103: This includes one of equal cast (_M._) Manu ch. 8, sl.\n177; also ch. 9, sl. 229.]\n\n[Footnote 104: in conformity with the usages of his class. (_M._)]\n\n[Footnote 105: This includes every debtor of superior cast to the\ncreditor. (_M._)]\n\n[Footnote 106: This rule of course (as observed by the Commentator)\nincludes the head or manager of the family himself, if alive. Manu,\nch. 8, sl. 166.]\n\n[Footnote 107: for drinking. (_M._)]\n\n[Footnote 108: _e.g._ what is promised to a flatterer, a mountebank, a\npanegyrist, a prize-fighter, &c. (_M._) Manu ch. 8, sl. 159.]\n\n[Footnote 109: The Commentator explains this to mean, an\nacknowledgment by the husband on his death-bed or when about to go\nabroad.]\n\n[Footnote 110: Colebrooke's translation of this passage adds \"or son,\"\nbut this is unauthorised either by the text or the Commentary.]\n\n[Footnote 111: The Commentator adduces in illustration, his being\nafflicted with incurable disease.]\n\n[Footnote 112: and this, notwithstanding they are wholly without\npatrimony or estate derived from their father. (_M._)]\n\n[Footnote 113: that there is such a debt.]\n\n[Footnote 114: capable of inheriting and managing. (_M._)]\n\n[Footnote 115: _i. e._ marries.]\n\n[Footnote 116: This is the reading sanctioned by the Commentator,\n_viz._ _putro' nanya'sritadravyah_, signifying, that, on failure of\nthose before designated, a son who would be otherwise incapable, by\nreason of blindness, &c. is to be deemed capable. Another reading may\nbe, as suggested by the Commentator, _putro nu'aya'sritadraoyah_, \"not\nthe son whose paternal estate another holds,\" which is adopted by\nColebrooke, and by his author, Jagannat'ha, (Dig. B. 1, ch. 5, s.\n171)]\n\n[Footnote 117: _e.g._ \"Give such a one money, he will not deceive you;\nhe is the son of such a one.\" (_M._)]\n\n[Footnote 118: \"If he do not pay, I will.\" (_M._)]\n\n[Footnote 119: Manu ch. 8, sl. 160-162.]\n\n[Footnote 120: metaphorically in the original \"If all stand under the\nsame shade:\" The Commentator explains.]\n\n[Footnote 121: lit. \"publicly.\"]\n\n[Footnote 122: as of a field, garden, &c. (_M._) Manu, ch. 8, sl.\n143.]\n\n[Footnote 123: fire, water, &c. (_M._)]\n\n[Footnote 124: The Commentator excludes from this exception a culpable\nact of the monarch, but the text is general.]\n\n[Footnote 125: Even though there be a written memorial of the pledge,\nand attested; yet, without actual acceptance and possession, it is\nincomplete. (_M._)]\n\n[Footnote 126: _charitrabandhakam. charitra_ (the mode or the subject\nof pledge) is defined by the Commentator to be either, moral worth,\nor, the merit earned by performance of religious rites, such as\nablution in the Ganges, &c. We have rendered it as the mode, not\nsubject, of pledge. See Jagannat'ha's Digest (Colebrooke), Bk. 1, ch.\n3, sec. 2, text cxxiv.]\n\n[Footnote 127: Receiving on one's plighted word (_satyankara_)\nsignifies, borrowing on a solemn promise to repay. The application\nis,--where, at the time of handing over the pledge, it was expressly\ndeclared by the debtor, that the loan should be repaid, even if\nincreased to two-fold the original sum, and the pledge not abandoned;\nin such case also, the debtor should be made to repay twice the amount\nof the debt contracted.(_M._)\n\nThe Commentator adds another meaning or application of the latter\nwords of this sloka, in which, reciting the first part, _viz._,\npledging upon the guarantee of character, or, a pledge of religious\nmerit, he goes on to say--It is here laid down, that one who receives\non his word, _scil._ words ratifying a bargain of sale and purchase,\n&c., for instance, receiving a gold ring, &c., as earnest, shall be\nmade to repay twice the value of the thing so given, on breach of the\ncontract: if the party depositing the ring, &c., break off the\nbargain, he forfeits what he gave as earnest; if the other party break\noff, he is to be compelled to refund double the value of the earnest\nreceived by him.]\n\n[Footnote 128: punishable as a thief. (_M._)]\n\n[Footnote 129: to one of the family who is a fit person. (_M._)]\n\n[Footnote 130: The Commentator implies, that where the usufruct has\ndone more than this, still the transaction is closed by return of the\npledge.]\n\n[Footnote 131: Manu, ch. 8, sl. 180.]\n\n[Footnote 132:90 ibid, sl. 189.]\n\n[Footnote 133: _yachita_, _e.g._ ornaments, clothes, &c. lent on\noccasion of festivals. (_M._)]\n\n[Footnote 134: _anvahita._ We have followed the Commentator in\ntranslating this indefinite term.]\n\n[Footnote 135: This qualification too is the Commentator's. The term\nused _nyasa_ is simply, a deposit.]\n\n[Footnote 136: which are those given in the presence of (_i. e._\npersonally to) the depositee. (_M._)]\n\n[Footnote 137: such as gold &c. given to be worked (_M._)]\n\n[Footnote 138: _tapaswi_, the third in rank of the Hindu religious\norders.]\n\n[Footnote 139: The four objects of living being, in the creed of the\nHindu, virtue, wealth, pleasure, and final liberation of the soul.]\n\n[Footnote 140: Manu, ch. 8, sl. 62, 63.]\n\n[Footnote 141: The terms used are _jati_ and _varna_ which are\nsomewhat ambiguous; but the sense is evidently as rendered, and is so\nexplained by the Commentator. Manu adds,--Women should be witnesses\nfor women, ch. 8, sl. 68.]\n\n[Footnote 142: _i. e._ if the regular and more appropriate witnesses\nare not available. (_M._)\n\nAfter sloka 69 the Calcutta edition has the following:--Those learned\nin the Vedas, ascetics, the aged, devotees, and the like, are\nincompetent witnesses, because so declared by law; no other ground [of\nincompetency] is assigned.\n\nWe do not insert this additional sloka for the reasons stated in note\n[79] supra.]\n\n[Footnote 143: of not less than eighty years.(_M._)]\n\n[Footnote 144: possessed of devils. (_M._) The expression used by the\nCommentator may be also translated--under planetary influence.]\n\n[Footnote 145: which the Commentator explains _nirgranthi\nprabhritayah_, by which probably are indicated those of the Hindu\ncommunity who disbelieve the Vedas, _e.g._ the Jains.]\n\n[Footnote 146: the slayer of brahman, and such heinous criminals.\n(_M._) Manu ch. 11, sl. 54. See Note [155].]\n\n[Footnote 147: of either party. Perhaps this might be rendered,\npartisans, or, allies.]\n\n[Footnote 148: Said by the Commentator to allude to notorious liars.]\n\n[Footnote 149: _scil._ as found in the other Smritis. The Commentator\n(quoting Narada) gives a more detailed account of persons excluded or\nexempt from giving testimony. Manu ch. 8, sl. 64--67.]\n\n[Footnote 150: a fortiori two persons, (_M._)]\n\n[Footnote 151: or, who knows the Dharma.]\n\n[Footnote 152: The Commentator excludes from this enabling exception\nthose under moral (not merely arbitrary or conventional) disability,\nas, criminals. Manu, ch. 8, sl. 72.]\n\n[Footnote 153: also, murder. (_M._)]\n\n[Footnote 154: _parushya_ and _sahasa_: v. supra in notes [9] et\n[11].]\n\n[Footnote 155: Who these are is described by Yajnavalkya, in the third\nbook, _scil._\n\nsl. 227. The slayer of a brahman, the drinker of what intoxicates, the\nthief, one who violates his _guru's_ bed, are great criminals--also,\nwhoever associates with such persons.\n\nsl. 228. Grossly to revile one's _guru_, speaking reproachfully of the\nVedas, to slay a friend, after reading from the Veda to forget\nit,--these [sins] are like to the murder of a brahman.\n\nsl. 229. To eat forbidden food, a crooked insincere mode of dealing, a\nmultitude of lying words, kissing the mouth of a menstruous\nwoman,--these [sins] are like to drinking intoxicating liquor.\n\nsl. 230. To steal horses, jewels, men, women, land, cows, property\npledged,--these [sins] are like to the stealing of gold.\n\nsl. 231. To debauch a friend's wife, a maiden, a sister, a woman of\nthe lowest grade, a female relative, a son's wife,--these [sins] are\nrecorded as equivalent to violation of a _guru's_ bed.\n\nsl. 232. To debauch a father's sister, or a mother's, the wife of a\nmaternal uncle, a daughter-in-law, a step-mother, the sister or\ndaughter of an _acharya_,\n\nsl. 233. or his wife, or one's own daughter,--these are equal to\nviolation of a _guru's_ bed. The penalty is death, the pudenda [of the\ncriminal] being previously amputated. A like doom is for the woman, if\nshe consented.\n\nSee Manu, ch. 9, sl. 235; ch. 11, sl. 54--58, sl. 170--180.\n\nAs to the _guru_ and _acharya_, the following is the 34th sloka of\nYajnavalkya's first book:--He is a man's _guru_, who, after going\nthrough the ritual, imparts to him the Veda: he is _acharya_, who\ninvests with the sacred cord and then imparts the Veda.]\n\n[Footnote 156: Manu, ch. 8, sl. 89 &c.]\n\n[Footnote 157: _guni_, referring not merely to personal qualities or\neminence in virtue, but to possession of wealth, sons, and learning:\nso explained by the Commentator.]\n\n[Footnote 158: Manu, ch. 8, sl. 73.]\n\n[Footnote 159: The Commentator explains this to refer to the fine\nwhich would be payable on failure (supra sl. 11).]\n\n[Footnote 160: out of the realm. (_M._) Manu, ch. 8. sl. 119-124.]\n\n[Footnote 161: supra, sl. 73.]\n\n[Footnote 162: The Commentator adds--If the brahman, or any of the\nother casts, cannot pay the fine, he must suffer imprisonment and the\nlabour proper to his cast. He explains the enormity of the offence\ndescribed in this sloka to consist in the contempt of Court.]\n\n[Footnote 163: _i. e._ if, by such untruth, the death be averted. If\nfrom testimony either way, the alternative of the death of the\nplaintiff or defendant must ensue, the witness should maintain\nsilence, the monarch assenting. In case the monarch do not assent, the\ntestimony may be rendered of no avail by confusing the witness: if\nthis cannot be effected, then let the truth be spoken; for by so doing\none fault only is incurred, _viz._ causing the death, whereas from\nuntruth would arise the sin of it as well as of the death. (_M._)]\n\n[Footnote 164: Manu, ch. 8, sl. 104, 105.]\n\n[Footnote 165: &c. _i. e._ his property, tribe, calling, customs, &c.\n(_M._)]\n\n[Footnote 166: Manu, ch. 8, sl. 168.]\n\n[Footnote 167: literally \"by three only,\" explained by the Commentator\nas above rendered.]\n\n[Footnote 168: the Commentator considers the &c. here to signify,\ntesting the handwriting of the writers or amanuenses employed.]\n\n[Footnote 169: _i. e._ consideration of place, time, and persons\nconnected with possession of the document. (_M._)]\n\n[Footnote 170: The Commentator divides written instruments into, 1.\npublic or given by authority, and, 2. private, or those which the\ncommunity use among themselves, and to which the rules in the text\napply. These again are either, autograph, _i. e._ wholly written by\nthe party who speaks by the document--or, written by another for him.\nThe last description, he says, require to be attested, and their\neffect as proof depends upon local usage. He quotes Narada as to the\nprivate writings. For the instruments emanating from authority, he\nrefers to sl. 317, 318, 319 of Yajnavalkya's first Book, _viz._\n\n     \"When the monarch bestows lands or creates a charge in favor\n     of any one, he shall, for information of future good\n     monarchs, put it in writing, either on cloth or copper,\n     setting his seal thereto. He shall inscribe the names of his\n     ancestors and his own [also the donee's (_M._)], the extent\n     of the gift, its description by boundaries, also the date;\n     all this shall be authenticated under his hand.\"\n]\n\n[Footnote 171: This word in the 94th sloka we have rendered\n'discharge.' Its ordinary and literal sense is 'purification.']\n\n[Footnote 172: _scil._ ordeals. (_M._)]\n\n[Footnote 173: the ocean god.]\n\n[Footnote 174: the inferior Brahma, the immediate cause or creator of\nthe universe.]\n\n[Footnote 175: It is only of self-acquired property that unequal\npartition can be made. Of that which is inherited or ancestral, there\nis co-ownership: it cannot therefore be apportioned at the father's\npleasure. (_M._) Infra sl. 121.]\n\n[Footnote 176: Jagannat'ha, in his Digest, quotes the Dipakalika and\nother authorities interpreting this injunction to refer to such wives\nonly as have not male issue. (Colebrooke, vol. 3, p. 97.)]\n\n[Footnote 177: Something, however valueless; in order that the heirs\nof the separated son may have no claim to a share of the family\ninheritance, (_M._) Manu, ch. 9, sl. 207.]\n\n[Footnote 178: For instance, if one son have a large family, or be\ndisqualified to earn a livelihood, the father may give him a portion\nlarger than the others. But an unequal partition from angry impulse,\nor weak-mindedness, has no validity. (_M._)]\n\n[Footnote 179: Manu, ch. 9, sl. 104. Whenever the father wishes, is\none of the ordained periods for partition; the second is, when the\nfather has renounced worldly enjoyment and the mother is past\nchild-bearing; and this partition may be enforced (according to\nNarada) at the son's desire, though the father object. Partition\nshould also be made, the son desiring it, if the father lead a vicious\nlife, or be suffering under incurable disease; even though the\nmother's menstruation have not ceased. The third period for partition\nis, the father's decease. (_M._) Manu divides,--to the eldest two\naliquot parts, to the second son one and a half, and to each\nsucceeding son a single part. The Commentator asks, why that division\nwas not adhered to; and he solves his own question by the remark, that\nit was disliked by the people, and therefore rightly abandoned. This\nposition he supports by several quotations, and by allusion to the\nabolition or non-observance of other ancient ordinances, _e.g._ the\nraising up of male heirs by the brother of the husband or others.\n\nIt is an obvious reflection, that the altered law of distribution is\none of the few instances in the Hindu economy where an innate feeling\nof natural equality has overcome or superseded arbitrary rule--and\nfurther, that the change has been brought about by the pressure of the\nold law upon the privileged casts, who, in common with others, were\naffected by it.]\n\n[Footnote 180: Manu, ch. 9, sl. 206, 208.]\n\n[Footnote 181: When the recovered properly is land, he who obtained it\nshall take a fourth part, the remainder to be equally divided. (_M._)\nThe Commentator supports this view by the authority of Sankha.\nManu, ch. 9, sl. 209.]\n\n[Footnote 182: Supra, Book 1, sl. 3.]\n\n[Footnote 183: Manu, ch. 9, sl. 215.]\n\n[Footnote 184: The Commentator refers, in explanation of this sloka,\nto Manu, ch. 9, sl. 216, _viz._ A son born after a division shall\nalone inherit the patrimony [_i. e._ the share allotted to the parents\n(_M._)], or shall have a share of it with the divided brethren, if\nthey return and unite themselves with him.--With respect to the\ndeduction for expenditure, &c., the Commentator explains, that the\naccumulations of mere income are not to be included in the estate to\nbe repartitioned, and that a previous deduction is to be made for\nnecessary expenditure, _e.g._ the father's debts.]\n\n[Footnote 185: but, if she have _stridhana_, only a half share.\n(_M._)]\n\n[Footnote 186: Manu, ch. 9, sl. 118.]\n\n[Footnote 187: These varying proportions ofcourse apply only where\nthere are several mothers of differing casts. Manu, ch. 9, sl.\n148-157.]\n\n[Footnote 188: or escaped notice altogether. (_M._) Manu, ch. 9, sl.\n218.]\n\n[Footnote 189: Manu, ch. 9, sl. 59, 145, 167, 190.]\n\n[Footnote 190: But if the actual father have already a son, his son by\nanother's wife is not his heir. (_M._)]\n\n[Footnote 191: _aurasa_ is from _uras_ 'the best,' being the first in\norder of sons.]\n\n[Footnote 192: _dharma_ wife is defined by the Commentator, a wife of\nthe same cast with her husband, and wedded to him according to the\n_brahma_ and other approved forms of marriage; which are described in\nthe first book, sl. 58-61, _viz._ \"In the marriage called _brahma_,\n[the bride], adorned in a manner suitable to the means [of her\nfamily], is bestowed upon the invited bridegroom,--In the _daiva_\n[marriage, the bride is made over] to the priest whilst offering\nsacrifice: _arsha_ [marriage], is where [the bride's father] receives\na pair of kine.--In the _kaya_ [marriage, the bride] is delivered to\nthe suitor with the injunction, Together practise the rules of duty!\nIn the _asura_ [marriage], wealth is received [from the bridegroom].\n_Gandharva_ is [a union in marriage] by mutual consent [of the\nparties]: the _rakshasa_ [marriage], is by capture [of the woman] in\nwar: the _paisacha_ [marriage, where she is obtained] by\ndeception.\" Manu ch. 3, sl. 20 _et. seq._]\n\n[Footnote 193: _scil._ according to Vasishtha, such as, by\nagreement between father and son-in-law, at the time of the daughter's\nmarriage, has been, by anticipation, given up to the father. (_M._)\nAnd the Commentator notes, that the term used, _puttrikasata_, may be\nalso rendered or understood 'daughter as a son' _i. e._ a daughter\nappointed or placed in the same position and with the same rights as a\nson.]\n\n[Footnote 194: _sagotra._]\n\n[Footnote 195: it being merely known that the father is a man of the\nsame cast, not who he is. (_M._)]\n\n[Footnote 196: privately, in the father's house. (_M._) Manu adds the\ncondition, if she marry her lover; ch. 9, sl. 172.]\n\n[Footnote 197: Manu, ch. 9, sl. 175.]\n\n[Footnote 198: This is permitted to a man of the same cast, in time of\ndistress; but only where there are several sons: the eldest cannot be\nbestowed as a gift-son. (_M._) Manu, ch. 9, sl. 168.]\n\n[Footnote 199: The Commentator explains, that this can only be on the\nsame conditions as the given or gift son. Manu, ch. 9, sl. 174.]\n\n[Footnote 200: having lost his parents, or being abandoned by them.\n(_M._) We have some doubt of the Commentator's meaning: here as the\nalternative includes a separate head and description, _viz._ (xii) in\nthe succeeding sloka. The word rendered 'abandoned' literally\nsignifies 'liberated,' 'set free;' so the meaning may be,--one who is\nleft free to choose for himself.]\n\n[Footnote 201: Manu, ch. 9, sl. 173.]\n\n[Footnote 202: ibid. sl. 171.]\n\n[Footnote 203: _pinda_, which literally signifies any round\nsubstance. The cake is a compound, in form of a ball, given as an\noffering to the dead.]\n\n[Footnote 204: The Commentator quotes Vasishtha--If a son be\nadopted, and afterwards an _aurasa_ be born, the former takes a fourth\npart--and deduces from this, that a son of any inferior grade receives\na fourth share when superseded by an afterborn _aurasa._]\n\n[Footnote 205: Manu, ch. 9, sl. 179.]\n\n[Footnote 206: _pitarau._ First the mother, then the father--says the\nCommentator. But Manu, ch. 9, sl. 185:--If a man die without male\nissue, the father is heir; next to him in order, the brothers--and,\nsl. 217--If a man die childless, his mother succeeds.--Such is the\ncontradictory character of texts and comments on this subject. The law\nin use in Bengal is the reverse of the Commentator's gloss.]\n\n[Footnote 207: first, of the whole blood; then, half-brothers. (_M._)]\n\n[Footnote 208: as representing their respective fathers. (_M._)]\n\n[Footnote 209: family; kindred of the same _stirpes_ or stock. These\nare thus detailed by the Commentator;\n\n1. paternal grandmother,\n\n2. paternal grandfather,\n\n3. paternal uncles,\n\n4. sons of the uncles,\n\non failure of paternal grandfather's line, then,\n\n5. paternal great-grandmother,\n\n6. paternal great-grandfather,\n\n7. their sons,\n\n8. their sons' offspring.\n\nAll of whom (proceeds the Commentator) are _sapindas_, connected\nby food oblations. If they fail, then follow those connected by the\nwater oblation only, _viz._ seven degrees in the ascending line beyond\n_sapindas_, _i. e._ _samanodacas._]\n\n[Footnote 210: divided by the Commentator into three classes, _viz._\n\n1. of one's self, 2. of one's father, 3. of one's mother; as, the sons\nof a father's or of a mother's sister, or a maternal uncle (one's own\nkin)--the sons of a father's paternal or maternal aunt, or a father's\nmaternal uncle (a father's kin)--and those in the same relation to a\nmother.]\n\n[Footnote 211: _sa-brahmachari_, one instructed together with him in\nhis religious duties. This head applies only to the first three\nclasses, those invested with the sacred cord.]\n\n[Footnote 212: as distinguished from the temporary _brahmachari_ or\nreligious student, which all of the twice born classes should be, in\nyouth.]\n\n[Footnote 213: who, having been separated, again holds his property in\ncommunity with those from whom he had separated. Such reunion is\npermitted only with the father, the brothers, and the paternal uncle.\n(_M._)]\n\n[Footnote 214: This participle has a masculine termination; and the\nellipsis is supplied from the Commentator.]\n\n[Footnote 215: This is rather the paraphrase of the Commentator: the\ntext is very obscure. Yajnavalkya in these two verses promulgates,\naccording to the Commentator, the following law. A wife or a daughter\nor a mother shall not be entitled (under a preceding rule) to take the\nheritage, when there has been a reunion, after separation, of male\nmembers of the family; and of course where there has been no division.\nIn the case of united brothers, where there is a full brother in the\nunion, he takes the property, in preference to a half-brother; but, if\nthe half-brother be united and the full brother separate, the two will\ndivide the property between them. When, of many full brothers, some\nlive united and others separate, those united will have the\npreference. If there be half brothers, as well as full brothers, in\nthe union, the former take nothing; but all full brothers, living\nseparate, share with one or more united half-brothers. Where the\nbrothers all live separate the rule will of course not apply.]\n\n[Footnote 216: _i. e._ according to the Ratnakara, a son born after\nhis degradation from cast.]\n\n[Footnote 217: _scil._ hermits, devotees, one who is his father's\nenemy, one guilty of a crime of minor degree, one deaf or dumb, one\ndeprived of an organ of sense. (_M._)]\n\n[Footnote 218: supra sl. 128 (III).]\n\n[Footnote 219: such as described sl. 140. (_M._)]\n\n[Footnote 220: if there be no sons. (_M._)]\n\n[Footnote 221: These three slokas are analogous to Manu, ch. 9, sl.\n201, 2, 3.]\n\n[Footnote 222: _scil._ acquisitions by inheritance, purchase,\npartition, gift, finding. (_M._)]\n\n[Footnote 223: supra, note[192]]\n\n[Footnote 224: _asura_, _gandarbha_, _rakshasa_, _paisacha._]\n\n[Footnote 225: _i. e._ if she die without issue. (_M._)]\n\n[Footnote 226: without just cause. (_M._) Yajnavalkya himself suggests\nas a sufficient cause, a more eligible bridegroom offering; B. 1, sl.\n65.]\n\n[Footnote 227: if he have no other means. (_M._)]\n\n[Footnote 228: The Commentator and other authorities interpret\n_arddha_ in this place to signify, such proportionate part as shall\nmake the entire _stridhana_ of the first wife equal to that of the\nsecond.]\n\n[Footnote 229: and further, by enquiry as to the mode of performing\nreligious rites in the family. (_M._)]\n\n[Footnote 230: Explained by the Commentator such as are free (as aged\nmen are presumed to be) from the trammels of worldly occupation and of\npassion.]\n\n[Footnote 231: Manu, ch. 8, sl. 258--262.]\n\n[Footnote 232: the remains of burnt fuel. (_M._)]\n\n[Footnote 233: of rice. (_M._)]\n\n[Footnote 234: stones or other landmarks. (_M._)]\n\n[Footnote 235: Manu, ch. 8, sl. 246--252.]\n\n[Footnote 236: _i. e._ if none of the means indicated in the previous\nsloka are available. (_M._)]\n\n[Footnote 237: Manu, ch. 8, sl. 254--258.]\n\n[Footnote 238: ibid, sl. 263.]\n\n[Footnote 239: ibid, sl. 265.]\n\n[Footnote 240: and towns. (_M._)]\n\n[Footnote 241: Manu, ch. 8, sl. 262.]\n\n[Footnote 242: The Commentator describes a boundary as a strip or\nborder (a party-ridge) of land, used in common. The breaking therefore\nmust mean some material alteration of this border. Overstepping, the\nCommentator describes to be cultivating beyond the boundary.]\n\n[Footnote 243: or house or garden, &c. (_M._)]\n\n[Footnote 244: _scil._ reddendo singula singulis, the lowest fine for\nbreaking, the highest for overstepping, the medium for wrongful\nappropriation. Manu, ch. 8, sl. 264; ch. 9, sl. 291.]\n\n[Footnote 245: or similar constructions, as a tank, &c. (_M._)]\n\n[Footnote 246: _semble_, the landowner. The Commentator throws no\nlight on this ambiguity.]\n\n[Footnote 247: or any other crop. (_M._)]\n\n[Footnote 248: a _masha_ is the twentieth part of a copper _pana_.\n(_M._) Supra pa. 7.]\n\n[Footnote 249: Manu, ch. 8, sl. 241.]\n\n[Footnote 250: no penalty therefore or liability. (_M._)]\n\n[Footnote 251: being an open field. (_M._)]\n\n[Footnote 252: Manu, ch. 8, sl. 237, 8, 9.]\n\n[Footnote 253: let loose to propitiate the gods. (_M._)]\n\n[Footnote 254: wanderers from a distant herd. (_M._)]\n\n[Footnote 255: _scil._ other animals, as elephants, horses, &c.\n(_M._)]\n\n[Footnote 256: Manu, ch. 8, sl. 242.]\n\n[Footnote 257: _i. e._ counting them. (_M._)]\n\n[Footnote 258: Manu, ch. 8, sl. 232.]\n\n[Footnote 259: for oblations to the gods. (_M._) Manu does not\nexpressly restrict this privilege to the twice-born; ch. 8, sl. 339.]\n\n[Footnote 260: This term (literally 'a bow') is a land measure,\nequivalent to the modern oottah or four hats.]\n\n[Footnote 261: These three are in progressive increase: the first is,\na mere village; the second, the central or sudder station of several\nvillages; the third, a town of more extended population and\nimportance. Manu, ch. 8, sl. 237.]\n\n[Footnote 262: or which has been given away, or pledged, by a stranger\nwithout right. (_M._) Manu, ch. 8, sl. 199.]\n\n[Footnote 263: _scil._ one destitute of property. (_M._) The\nexpression in the text is applicable to any whose position or lack of\nmeans might justify a suspicion that he had not come honestly by the\ngoods.]\n\n[Footnote 264: the man who sold or assigned it to him. (_M._)]\n\n[Footnote 265: or stolen, or given in pledge. (_M._)]\n\n[Footnote 266: Supra, sl. 27.]\n\n[Footnote 267: Inasmuch as he abets concealment of the thief or\nwrongdoer. (_M._)]\n\n[Footnote 268: Manu, ch. 8, sl. 30. The Commentator accounts for the\ndiscrepancy between the two law-givers by supposing Manu to have\nalluded to the property of learned brahmans only.]\n\n[Footnote 269: This fine is considered by the Commentator a\nconsideration or indemnity for safe keeping, and an exception to the\nrule laid down by Manu, ch. 8, sec. 33.]\n\n[Footnote 270: Colebrooke's rendering of this sloka (Digest ch. 4,\nsec. 1, Sec.16,) differs from ours, which however we consider to be the\ncorrect signification of the text before us.]\n\n[Footnote 271: Manu, ch. 8, sl. 222.]\n\n[Footnote 272: The Commentator explains this to refer to slaves.]\n\n[Footnote 273: Supra, p. 7.]\n\n[Footnote 274: These facts are related, says the Commentator, as an\nindex to or test of the honesty of metal-workers.]\n\n[Footnote 275: Made into coarse thread. (_M._)]\n\n[Footnote 276: This sloka, as appears from the Commentary, is in\nallusion to the loss on working or manufacture of textile fabrics\nmentioned in the previous slokas.]\n\n[Footnote 277: or given or pledged. (_M._)]\n\n[Footnote 278: The slavery or servitude being to secure or work out a\ndebt.]\n\n[Footnote 279: _e.g._ a brahman cannot be slave to a kshattriya.\nManu, ch. 8, sl. 410--15.]\n\n[Footnote 280: _scil._ medicine or handicraft. (_M._)]\n\n[Footnote 281: The Commentator thus explains and analyses the subject\nof servitude or working for others:\n\nThere are two descriptions of persons who serve. I. Those whose\nemployment is of a respectable kind. II. Those whose employment is not\nso. The first division he subdivides into--1, the disciple; 2, the\napprentice; 3, the workman; 4, the overseer.\n\nThe disciple is the student of the vedas; the apprentice is one\nlearning an art; the workman is one who is paid for his work; the\noverseer superintends workmen. There are three sorts of workmen--1,\nsoldiers; 2, husbandmen; 3, they who bear burdens.\n\nII. The other and meaner description of employment is performed by\nslaves, _scil._ cleaning the house, cleaning away filth, &c.\n\nSlaves, the Commentator subdivides, according to their origin and mode\nof enslavement, into fifteen classes, _scil._\n\n1. A born slave of the house.\n\n2. A purchased slave.\n\n3. One [otherwise] acquired _e.g._ by donation.\n\n4. One obtained by inheritance.\n\n5. One rescued from starvation during a famine.\n\n6. One received in pledge.\n\n7. One who becomes a slave to discharge a debt.\n\n8. A captive in war.\n\n9. One whose freedom has been lost by wager.\n\n10. A volunteer slave.\n\n11. An apostate from the condition of a _pravajita_ or religious\nmendicant.\n\n12. A slave for a prescribed term.\n\n13. A slave for subsistence sake.\n\n14. One enslaved by espousing a woman who is a slave.\n\n15. One who has sold himself.]\n\n[Footnote 282: _scil._ duties prescribed by the Sruti and Smriti,\naccording to their cast and grade. (_M._)]\n\n[Footnote 283: such as, tending cattle, conservation of water, care of\ntemples, &c. (_M._)]\n\n[Footnote 284: _scil._ to entertain travellers, or injunction to see\nthat horses or other provision be not furnished to the enemies of the\nState. (_M._)]\n\n[Footnote 285: _i. e._ for a heinous offence: for minor offences,\nfines, as declared by Manu, shall be imposed. (_M._) Manu, ch. 8, sl.\n220, is probably here referred to.]\n\n[Footnote 286: The term used _hitavadi_ signifies, who speak for the\nwelfare of; which we assume to have the sense we have given to it.]\n\n[Footnote 287: Supra bk. 1, sl. 365.]\n\n[Footnote 288: Supra note[282]]\n\n[Footnote 289: Lassen, in his _Indische Alterthumskunde_ (vol. 2, p.\n238), speaking of the edicts of king Asoca (B. C. 250), which refer to\n_pashandas_, describes these as a sect who disbelieved alike in\nthe brahminical and buddhist tenets. We have, in sloka 70, rendered\nthe word 'infidels.']\n\n[Footnote 290: Manu, ch. 8, sl. 41, 219, 21, 410, 18.]\n\n[Footnote 291: ibid. sl. 215--218.]\n\n[Footnote 292: The expression is 'servant,' as opposed to, master, or\nemployer.]\n\n[Footnote 293: _scil._ a merchant, owner of cattle, or landed\nproprietor. (_M._)]\n\n[Footnote 294: As, by improvident expenditure. (_M._)]\n\n[Footnote 295: Signifying plurality generally. (_M._)]\n\n[Footnote 296: Colebrooke renders this sloka differently; Dig. B. 3,\nch. 1, sec. 1, Sec.65. We have adhered closely to the text.]\n\n[Footnote 297: _scil._ the keeper.]\n\n[Footnote 298: Infra sl. 267.]\n\n[Footnote 299: But one word is used in the original, which the\nCommentator thus explains. The foregoing rules for gamblers and gaming\nmust be taken to have superseded the rigid prohibition in the Dharma\nSastra of Manu, ch. 9, sl. 220--228.]\n\n[Footnote 300: Manu ch. 8, sl. 274, where the offence is much more\nleniently dealt with.]\n\n[Footnote 301: The intent of these insulting allusions is obvious.]\n\n[Footnote 302: What we have rendered 'cast' is expressed by two words\nin the original, _varna_ and _jati._ The first is defined by the\nCommentator--the four casts; the second--the mixed classes or casts.]\n\n[Footnote 303: Manu, ch. 8, sl. 267, 8, 9, 70, 276, 7.]\n\n[Footnote 304: The Commentator instances the buttocks.]\n\n[Footnote 305: such as tears, nails, hair, wax of the ear, &c. (_M._)]\n\n[Footnote 306: So explained by the Commentator.]\n\n[Footnote 307: Manu, ch. 8, sl. 279, 80.]\n\n[Footnote 308: Manu, ch. 8, sl. 284.]\n\n[Footnote 309: The Commentator instances the tongue.]\n\n[Footnote 310: Manu ch. 8, sl. 284, 286-7.]\n\n[Footnote 311: _i. e._ each wrong doer pays the double fine. (_M._)]\n\n[Footnote 312: Manu ch. 8, sl. 287.]\n\n[Footnote 313: or any other insensitive part, _sakha._]\n\n[Footnote 314: Manu ch. 8, sl. 297-8.]\n\n[Footnote 315: root as well as trunk. (_M._)]\n\n[Footnote 316: _scil._ the mango. (_M._)]\n\n[Footnote 317: _scil._ 20, 40, 80. (_M._)]\n\n[Footnote 318: Manu, ch. 8, sl. 285.]\n\n[Footnote 319: This word is commonly used to signify any violent\naggression upon person or property, and is defined here by the\nCommentator to be, the forcibly taking away of properly either public\nor private. Manu, ch. 8, sl. 332.]\n\n[Footnote 320: _e.g._ an _acharya_. (_M._) Supra note[155] in fin. The\ninjunction evidently has reference to one whose office or character\nentitles him to the respect and obedience of those about him, pupils\nor disciples.]\n\n[Footnote 321: This may be 'his brother or his wife.']\n\n[Footnote 322: The Commentator does not explain this description.]\n\n[Footnote 323: _scil._ those of the same village or country. (_M._)]\n\n[Footnote 324: _i. e._ when not authorised by the 'Sastras. Supra\nsl. 127.]\n\n[Footnote 325: An outcast.]\n\n[Footnote 326: The Commentator explains this term here by _digambara_,\nwhich is the usual designation of a Buddha mendicant.]\n\n[Footnote 327: as if a Sudra teach the Vedas.]\n\n[Footnote 328: Manu inflicts 600 _panas_, ch. 8, sl. 389.]\n\n[Footnote 329: Thus the Commentator supplies the ellipsis.]\n\n[Footnote 330: instead of acting as a mediator. (_M._)]\n\n[Footnote 331: when it is agreed to decide the dispute by a wager,\n(_M._)]\n\n[Footnote 332: of quantity, for water, grain, &c.]\n\n[Footnote 333: _nanaka_, Wilson's _Ariana antiqua_ pa. 364. The\nCommentator defines this word--something stamped with an impression,\nas a _nishka_--this is a piece of gold of a certain standard or\nweight.]\n\n[Footnote 334: Manu, ch. 9, sl. 232.]\n\n[Footnote 335: _i. e._ who, though ignorant of the _Ajur Veda_ sets up\nas a practitioner of the medical art. (_M._) Manu, ch. 9, sl. 284.]\n\n[Footnote 336: The Commentator adds 'without royal authority.']\n\n[Footnote 337: After having summoned the accused to take his trial.\n(_M._) This explanation shows, that the injunction applies to judicial\nfunctionaries, although in its terms general.]\n\n[Footnote 338: literally, adds something inferior to. Manu, ch. 9, sl.\n286,7.]\n\n[Footnote 339: _e. g._ substituting a basket of crystals for one of\njewels. (_M._)]\n\n[Footnote 340: as camphor, or musk. (_M._)]\n\n[Footnote 341: _i. e._ combining to buy up at a low rate some foreign\nmerchandize, or to revend it at a dear rate.]\n\n[Footnote 342: Manu, ch. 8, sl. 398, 401, 2.]\n\n[Footnote 343: _semble_ in the daily prices, purchasers and sellers\nrespectively profiting by an increase or diminution of the tariff of\nprices.]\n\n[Footnote 344: Literally, 'expenses arising out of the commodity,'\nwhich the Commentator explains to be, the cost of import,\ncustoms-duty, &c.]\n\n[Footnote 345: The Commentator adds the condition, 'if he have not\nrepented him of his bargain.']\n\n[Footnote 346: According to the Commentator this rational liberty of\naction is not confined to traders; he instances, 'players, dancers,\n_and the like._']\n\n[Footnote 347: _scil._ for himself, separate from his partnership\ninterest.]\n\n[Footnote 348: The same is given by Manu; although the sovereign would\nappear not to have had, in those earlier days, so responsible or\ndespotic a control of the market, ch. 8, sl. 398, 402.]\n\n[Footnote 349: _i. e._ too good for a mere subject. The Commentator\nexplains, 'jewels, &c.']\n\n[Footnote 350: ibid. sl. 399.]\n\n[Footnote 351: _scil._ where the property in the goods is disputed.\n(_M._) Manu, ch. 8, sl. 400.]\n\n[Footnote 352: Land tolls or duties are a twentieth, and are leviable\nby the king alone. (_M._)]\n\n[Footnote 353: on occasion of _sraddahs_, &c. Manu, ch. 8, sl. 392,\nwhere a priest for such an offence is fined a silver _masha_ (supra B.\n1 sl. 363)]\n\n[Footnote 354: Manu, ch. 8, sl. 207.]\n\n[Footnote 355: a land-measure, _scil._ 4,000 _hats_ or cubits.]\n\n[Footnote 356: The Commentator explains this term by quoting from\nManu--\"They who break into houses where a sacred fire is kept up, into\narsenals, into temples--\" ch. 9, sl. 276, 280.]\n\n[Footnote 357: The subject of theft is supplied by the Commentator.]\n\n[Footnote 358: who abstract money from the person by cutting or\nopening the apparel. Manu, ch. 9, sl. 277; where the third offence\nentails capital punishment.]\n\n[Footnote 359: _scil._ trifling--such as, earthen vessels, stools,\ncots, bones, wood, leather, grass, &c.; medium--such as, apparel\n(other than silk), cattle (other than cows), metal (other than gold),\nrice, barley; highest--as, gold, jewels, silks, women, men, cows,\nelephants, horses, also whatever is appropriated to gods, to\nbrahmans, or to kings. (_M._)]\n\n[Footnote 360: Manu, ch. 8, sl. 126; supra B. 1, sl. 367.]\n\n[Footnote 361: Manu, ch. 9, sl. 278.]\n\n[Footnote 362: thus causing destruction of the crops. Manu, ch. 9, sl.\n279.]\n\n[Footnote 363: unless she be pregnant. (_M._)]\n\n[Footnote 364: These compounds might be literally translated,\n'woman-fond' 'thing-fond' 'gain-fond.']\n\n[Footnote 365: Manu, ch. 8, sl. 356, 7, 8.]\n\n[Footnote 366: ibid. sl. 361.]\n\n[Footnote 367: ibid. sl. 359, 374.]\n\n[Footnote 368: The Commentator explains--her nose, &c.]\n\n[Footnote 369: Manu, ch. 8, sl. 364.]\n\n[Footnote 370: ibid. sl. 373, 385.]\n\n[Footnote 371: _scil._ a stranger.]\n\n[Footnote 372: Manu, ch. 8, sl. 363.]\n\n[Footnote 373: _scil._ one kept for prostitution. (_M._)]\n\n[Footnote 374: Manu, ch. 9, sl. 232, where this is a capital offence.]\n\n[Footnote 375: The Commentator instances, the nose, ear, and hand.\nManu, ch. 9, sl. 292.]\n\n[Footnote 376: Manu, ch. 8, sl. 291, 2.]\n\n[Footnote 377: Literally 'after having taken money.']\n\n[Footnote 378: Receivers of bribes are denounced in Manu, ch. 9, sl.\n258.]\n\n[Footnote 379: Supra, no.[131].]\n\n\n\n\nIndex\n\n_________________________________________________________________________\n                                             |  Page.   |  Sloka.  | Note.\n___________________________________________________________________________\nA.                                           |          |          |\n                                             |          |          |\nAbduction of virgins,                        |   76     |   287    |  ...\n                                             |          |          |\nAbortion, causing,                           |   75     |   277    |  ...\n                                             |          |          |\nAbusive language, punishment for,            |   62     |   210,11 |  ...\n                                             |          |          |\n_Achara_, _Introd._                          |   x      |   ...    |  ...\n                                             |          |          |\n_Acharya_,                                   |   29     |   ...    |  113\n                                             |          |          |\nAdultery,                                    |   76     |   283-86 |  ...\n                                             |          |          |\nAge, when, in Sudras, to be honored,         |   5      |   116    | ...\n                                             |          |          |\nAncestral property, recovered, not           |          |          |\n                              divisible,     |   39     |   119    |  ...\n                                             |          |          |\n   \"         \"          \"     if land        |          |          |\n                              how divisible, |   39     |   ...    |  139\n                                             |          |          |\n   \"         \"      co-equal ownership in,   |          |          |\n                     of father and son,      |   39     |   121    |  ...\n                                             |          |          |\nAppeal of suits to the monarch,              |   79     |   305    |  ...\n                                             |          |          |\nApprenticeship, contract of, inviolable,     |   56     |   184    |  ...\n                                             |          |          |\nAppropriation of pledges, &c., forbidden,    |   16     |   26     |  ...\n                                             |          |          |\nArrest on suspicion, when allowable,         |   72     |  266-8   |  ...\n                                             |          |          |\n  \"          \"       how followed up,        |   73     |   269    |  ...\n                                             |          |          |\n_Arsha_ marriage                             |   41     |   ...    |  150\n                                             |          |          |\n_Artha Sastra_,                              |   14     |   ...    |   21\n                                             |          |          |\nAscetics, succession to,                     |   45     |   137    |  ...\n                                             |          |          |\nAssault, where without witness, how triable, |   62     |   212    |  ...\n                                             |          |          |\n_Aurasa_ son,                                |   41     |   128    |  ...\n                                             |          |          |\n                                             |          |          |\nB.                                           |          |          |\n                                             |          |          |\nBattering, injury to a wall by, fineable,    |   64     |   223    |  ...\n                                             |          |          |\nBestiality,                                  |   77     |   289    |  ...\n                                             |          |          |\nBlind children inherit maintenance only,     |   46     |   140    |  ...\n                                             |          |          |\nBoundaries, disputed, how determined,        |   48     |  150-3   |  ...\n                                             |          |          |\n   \"        false evidence as to, fineable,  |   49     |   153    |  ...\n                                             |          |          |\n   \"        breaking or overstepping,        |   49     |   155    |  ...\n                                             |          |          |\n   \"        wrongfully appropriating,        |   16     |   26     |  ...\n                                             |          |          |\n   \"        law of limitation does not       |          |          |\n              apply to,                      |   16     |   25     |  ...\n                                             |          |          |\n_Brahma_, defined and explained,             |          |          |\n                            _Introd._        |   vii    |   ...    |  ...\n                                             |          |          |\n_Brahma_ marriage,                           |   41     |   ...    |  150\n                                             |          |          |\nBrahmans, omission to invite, fineable,      |   72     |   263    | ...\n                                             |          |          |\n_Brahmachari_ (professed), succession to,    |   45     |   137    |  ...\n                                             |          |          |\nBrothers and sisters, duty of, to complete   |          |          |\n  each others' ritual,                       |   40     |   124    |  ...\n                                             |          |          |\nBrothers and half-brothers, when succeed to  |          |          |\n  each other,                                |   45     |  138,9   |  ...\n                                             |          |          |\nBuyer not accepting, how treated,            |   70     |   255    |  ...\n                                             |          |          |\n                                             |          |          |\nC.                                           |          |          |\n                                             |          |          |\nCapture of thieves & others, when warranted, |   72     |  266-8   |  ...\n                                             |          |          |\nCarnal knowledge, what illegal,              |   77     |  289-94  |  ...\n                                             |          |          |\nCarriers of goods, liabilities of,           |   60     |  197,8   |  ...\n                                             |          |          |\nCast, distinctions of,                       |   3      |   10     |  ...\n                                             |          |          |\n  \"   a religious ordinance, its origin,     |          |          |\n      gradual development, and fixed         |          |          |\n      character, explained, _Introd._        |  vii-ix  |   ...    |  ...\n                                             |          |          |\nCattle, trespass by, law as to,              |   50     |  159-63  |  ...\n                                             |          |          |\nCommunities and guilds, laws as to their     |          |          |\n            constitution and conduct,        |   57     |  185-92  |  ...\n                                             |          |          |\nCorrection of wrong doers, a monarch's duty, |   6      |   360    |  ...\n                                             |          |          |\nCounter-complaints, as to,                   |   10     |   9,10   |  ...\n                                             |          |          |\nCounterfeit gold, trading with, how          |          |          |\n  punishable,                                |   78     |   297    |  ...\n                                             |          |          |\nCourts, different grades of,                 |   17     |   30     |  ...\n                                             |          |          |\nCreditor, how may enforce his debt,          |   20     |   40     |  ...\n                                             |          |          |\n    \"     not accepting payment loses        |          |          |\n            future interest,                 |   21     |   44     |  ...\n                                             |          |          |\nCremation, disposal of corpse by, from       |          |          |\n  what date,                                 |   4      |   ...    |   14\n                                             |          |          |\nCriminals, atrocious, who,                   |   29     |   ...    |  113\n                                             |          |          |\nCripple, heir who is a, entitled             |          |          |\n  to maintenance,                            |   46     |   140    |  ...\n                                             |          |          |\nCultivation, incomplete, consequence of      |          |          |\n  breach of duty by,                         |   50     |   158    |  ...\n                                             |          |          |\nCustoms levy, fraudulent avoidance of,       |   71     |   262    |  ...\n                                             |          |          |\nCut-purses, how punished,                    |   74     |   274    |  ...\n                                             |          |          |\n                                             |          |          |\nD.                                           |          |          |\n                                             |          |          |\nDams, slight private injury not to interfere |          |          |\n        with construction of,                |   50     |   156    |  ...\n                                             |          |          |\n  \"   in private lands, whose the right      |          |          |\n        of use,                              |   50     |   157    |  ...\n                                             |          |          |\nDamage, by brutes or inanimate things,       |          |          |\n  when excusable,                            |   78     |   298    |  ...\n                                             |          |          |\n_Daiva_ marriage,                            |   41     |   ...    |  150\n                                             |          |          |\nDaughter's son, _puttrika-suta_,             |   41     |   128    |  ...\n                                             |          |          |\nDaughter, affianced, penalty for withholding,|   47     |   146    |  ...\n                                             |          |          |\n  \"           \"     when dies, how dowry, &c.|          |          |\n                       appropriated,         |   47     |   146    |  ...\n                                             |          |          |\nDaughters, unmarried, of those disqualified  |          |          |\n  to inherit, to be provided for,            |   46     |   141    |  ...\n                                             |          |          |\nDeath caused by vehicles accidentally        |          |          |\n  not imputable,                             |   78     |   299    |  ...\n                                             |          |          |\nDebts, may be enforced,                      |   20     |   40     |  ...\n                                             |          |          |\n  \"    in what order payable,                |   20     |   41     |  ...\n                                             |          |          |\n  \"    impost on recovered                   |   20     |   42     |  ...\n                                             |          |          |\n  \"    how to be met where debtor without    |          |          |\n         means,                              |   21     |   43     |  ...\n                                             |          |          |\n  \"    of undivided kinsmen payable from the |          |          |\n        family fund,                         |   21     |   45     |  ...\n                                             |          |          |\n  \"    separate, need not be discharged      |          |          |\n        by the family,                       |   21     |   46     |  ...\n                                             |          |          |\n  \"    of father, what not obligatory on son,|   21     |   47     |  ...\n                                             |          |          |\n  \"        \"      what obligatory,           |   22     |   50     |  ...\n                                             |          |          |\n  \"    of wives of herdsmen, &c., to be paid,|   22     |   48     |  ...\n                                             |          |          |\n  \"    how proveable,                        |   22     |   50     |  ...\n                                             |          |          |\n  \"    between what persons forbidden,       |   23     |   52     |  ...\n                                             |          |          |\n  \"    obligatory on lineal descendants,     |   32     |   70     |  ...\n                                             |          |          |\n  \"    formalities of payment of,            |   33     |   93,4   |  ...\n                                             |          |          |\n  \"    pass with property to successor,      |   22     |   51     |  ...\n                                             |          |          |\nDecisions, judicial, when to be annulled     |          |          |\n  by Monarch,                                |   18     |   31     |  ...\n                                             |          |          |\nDeposit, _upanidhi_,                         |   26     |   65     |  ...\n                                             |          |          |\n  \"      _nikshepa_ and other sorts of,      |   26     |   67     |  ...\n                                             |          |          |\n  \"      wrongful appropriation of,          |   16     |   25,6   |  ...\n                                             |          |          |\n  \"      not to be used,                     |   26     |   67     |  ...\n                                             |          |          |\nDepositee, when liable for loss,             |   26     |   66     |  ...\n                                             |          |          |\n_Dhanus_, a land measure,                    |   52     |   167    |  218\n                                             |          |          |\n_Dharma Sastras_, promulgators of,           |    2     |   4,5    |  ...\n                                             |          |          |\n   \"      \"       Professor Stenzler's list  |          |          |\n                    of, _Introd._            |   v      |   ...    |  ...\n                                             |          |          |\n_Dharma_ wife,                               |   41     |   148    |  150\n                                             |          |          |\nDisease, incurable, a bar to inheritance,    |   46     |   140    |  ...\n                                             |          |          |\nDivision of property, equal, amongst sons,   |   38     |   117    |  ...\n                                             |          |          |\n   \"     periods of,                         |   38     |   114    |  137\n                                             |          |          |\n   \"     amongst sons, mother's right on,    |   40     |   123    |  ...\n                                             |          |          |\n                                             |          |          |\nE.                                           |          |          |\n                                             |          |          |\nEarnest, on sale, &c.,                       |   25     |   ...    |   85\n                                             |          |          |\nEarnings of science, not subject to          |          |          |\n  distribution,                              |   39     |   119    |  ...\n                                             |          |          |\nElephant stealers to be impaled,             |   74     |   273    |  ...\n                                             |          |          |\nEvidence, when not to be given,              |   23     |   52     |  ...\n                                             |          |          |\n                                             |          |          |\nF.                                           |          |          |\n                                             |          |          |\nFabrication of royal grant, fineable,        |   78     |   295    |  ...\n                                             |          |          |\nFalse weight, fine for declaring,            |   71     |   262    |  ...\n                                             |          |          |\nFerry-man, levying land-toll, fineable,      |   72     |   263    |  ...\n                                             |          |          |\nFighting-games, wagers at, rules as to,      |   61     |   203    |  ...\n                                             |          |          |\nFines, highest, medium, lowest,              |   8      |   365    |  ...\n                                             |          |          |\nFood, unfit, graduated fines for giving,     |   78     |   296    |  ...\n                                             |          |          |\nFraudulent buying or selling,                |   72     |   262    |  ...\n                                             |          |          |\n                                             |          |          |\nG.                                           |          |          |\n                                             |          |          |\nGambling, rules respecting,                  |   60     |  199-203 |  ...\n                                             |          |          |\n_Gandharva_ marriage,                        |   41     |   ...    |  150\n                                             |          |          |\nGifts, not subject to distribution,          |   39     |  118-123 |  ...\n                                             |          |          |\n  \"    of what properly permitted,           |   54     |   175    |  ...\n                                             |          |          |\n  \"    how to be accepted,                   |   54     |   176    |  ...\n                                             |          |          |\nGirl's son,                                  |   42     |   129    |  ...\n                                             |          |          |\n_Grama_,                                     |   52     |   167    |  219\n                                             |          |          |\nGrandsons inherit per stirpes,               |   39     |   120    |  ...\n                                             |          |          |\n_Guru_ described,                            |   29     |   ...    |  113\n                                             |          |          |\n                                             |          |          |\nH.                                           |          |          |\n                                             |          |          |\nHalf-brothers, reunited, inherit,            |   45     |   139    |  ...\n                                             |          |          |\nHeirs, who, where no male issue,             |   43     |   135    |  ...\n                                             |          |          |\n  \"    of hermit,                  }         |          |          |\n                                             |          |          |\n  \"    of ascetic,                 }         |          |          |\n                                             |          |          |\n  \"    of professed _brahmachari_, }         |   45     |   137    |  ...\n                                             |          |          |\nHerdsmen, how punishable for cattle-trespass,|   51     |   161    |  ...\n                                             |          |          |\n   \"      duty of,                           |   52     |   164    |  ...\n                                             |          |          |\n   \"      consequence of loss by fault of,   |   52     |   115    |  ...\n                                             |          |          |\nHermit, heirs of,                            |   45     |   137    |  ...\n                                             |          |          |\nHirer for transport of goods, breach of      |          |          |\n  contact by,                                |   60     |   198    |  ...\n                                             |          |          |\nHonor, gradations of,                        |   4      |   116    |  ...\n                                             |          |          |\nHorse-stealers, to be impaled,               |   74     |   273    |  ...\n                                             |          |          |\nHouse-breakers, to be impaled,               |   74     |   273    |  ...\n                                             |          |          |\nHouse, dwelling, casting noxious things      |          |          |\n  into, fineable,                            |   64     |   224    |  ...\n                                             |          |          |\n                                             |          |          |\nI.                                           |          |          |\n                                             |          |          |\nIdiot, to be maintained,                     |   46     |   140    |  ...\n                                             |          |          |\nImpotent, to be maintained,                  |   46     |   140    |  ...\n                                             |          |          |\nIncendiaries, to be burned,                  |   75     |   282    |  ...\n                                             |          |          |\nIndorsement of payment on document,          |   33     |   93     |  ...\n                                             |          |          |\nInjury to cattle,                            |   65     |  225,26  |  ...\n                                             |          |          |\n  \"    to trees, shrubs, &c.,                |   65     |  227-29  |  ...\n                                             |          |          |\nInstigator of _sahasa_,                      |   35     |   231    |  ...\n                                             |          |          |\nInstruments (documents), holograph need      |          |          |\n              not be witnessed,              |   32     |   89     |  ...\n                                             |          |          |\n    \"       destroyed, to be renewed,        |   33     |   91     |  ...\n                                             |          |          |\n    \"       authenticity of, how ascertained,|   33     |   92     |  ...\n                                             |          |          |\n    \"       classed,                         |   33     |   ...    |  128\n                                             |          |          |\nInterest, what chargeable,                   |   19     |   37-39  |  ...\n                                             |          |          |\nInvestiture of the twice-born,               |   4      |   14     |  ...\n                                             |          |          |\n                                             |          |          |\nJ.                                           |          |          |\n                                             |          |          |\nJoint traders, law as to,                    |   71     |  259,60  |  ...\n                                             |          |          |\nJudges, appointment of,                      |   9      |   2      |  ...\n                                             |          |          |\n  \"     corrupt, to be amerced,              |   9      |   4      |  ...\n                                             |          |          |\n                                             |          |          |\nK                                            |          |          |\n                                             |          |          |\n_Karvata_, a sudder station,                  |   52    |   167    |  219\n                                             |          |          |\n_Kaya_ marriage,                             |   41     |   ...    |  150\n                                             |          |          |\nKilling, fine for,                           |   75     |   277    |  ...\n                                             |          |          |\nKing's wife, punishment for adultery with,   |   75     |   282    |  ...\n                                             |          |          |\n                                             |          |          |\nL.                                           |          |          |\n                                             |          |          |\nLaw, what it is, exemplified,                |   3      |   6      |  ...\n                                             |          |          |\n \"   its root or evidence,                   |   3      |   7      |  ...\n                                             |          |          |\n \"   by whom to be declared,                 |   3      |   9      |  ...\n                                             |          |          |\nLimitation of suit,                          |   15     |   24,5   |  ...\n                                             |          |          |\nLoss on metals by action of fire,            |   54     |   178    |  ...\n                                             |          |          |\n  \"  or increase in weight, of wool, etc.,   |          |          |\n       by working,                           |   55     |  179,80  |  ...\n                                             |          |          |\n  \"  how to be made good by artisans,        |   55     |   181    |  ...\n                                             |          |          |\nLost property, as to finding of,             |   18     |   33-35  |  ...\n                                             |          |          |\n \"      \"      how claimed,                  |   53     |   171    |  ...\n                                             |          |          |\nLost property, clandestine recovery of,      |          |          |\n                 punishable,                 |   53     |   172    |  ...\n                                             |          |          |\n \"      \"      when found by public officers |          |          |\n                 must be claimed,            |   53     |   173    |  ...\n                                             |          |          |\n \"      \"      if animal, what impost        |          |          |\n                 payable by owner,           |   54     |   174    |  ...\n                                             |          |          |\n                                             |          |          |\nM.                                           |          |          |\n                                             |          |          |\nMadmen do not inherit but to be maintained,  |   46     |   140    |  ...\n                                             |          |          |\n_Mantras_, necessary to rites of twice-born, |   4      |   10     |  ...\n                                             |          |          |\nMarriage, differing forms of,                |   41     |   ...    |  150\n                                             |          |          |\nMarriage-gift not subject to partition,      |   38     |   118    |  ...\n                                             |          |          |\nMeat, tainted, punishment for selling,       |   78     |   297    |  ...\n                                             |          |          |\nMiscellaneous offences,                      |   60     |   232-50 |  ...\n                                             |          |          |\nMonarch, his daily duties,                   |   5      |   326    |  ...\n                                             |          |          |\n   \"     how he should deal with a newly     |          |          |\n           subjugated territory,             |   5      |   342    |  ...\n                                             |          |          |\n   \"     his duty to punish wrong-doers,     |   5      |353,357,8 |  ...\n                                             |          |          |\n   \"     to investigate law suits with the { |   6      |   359    |  ...\n                                             |          |          |\n         judges,                           { |   9      |   1      |  ...\n                                             |          |          |\n   \"     to set right those who err,         |   6      |   360    |  ...\n                                             |          |          |\n   \"     when should annul decisions,        |   18     |   31     |  ...\n                                             |          |          |\n   \"    to fix prices, receiving a twentieth,|  70      | 253-261  |  ...\n                                             |          |          |\n   \"     his retribution for an unjust fine, |   80     |   307    |  ...\n                                             |          |          |\nMother's share on partition among sons,      |   40     |   123    |  ...\n                                             |          |          |\n_Munis_, what, two classes of,               |   1      |   ...    |   1\n                                             |          |          |\nMurder, investigation into,                  |   75     |   280    |  ...\n                                             |          |          |\n  \"     and theft, village &c. responsible   |          |          |\n          for,                               |   73     |  271,2   |  ...\n                                             |          |          |\nMurderers, violent, to be impaled,           |   74     |   273    |  ...\n                                             |          |          |\n                                             |          |          |\nN.                                           |          |          |\n                                             |          |          |\n_Nagara_,                                    |   52     |   167    |  219\n                                             |          |          |\n_Nikshepa_ deposit, not to be used,          |   26     |   67     |  ...\n                                             |          |          |\n                                             |          |          |\nO.                                           |          |          |\n                                             |          |          |\nOrdeals, to be resorted to where proof       |          |          |\n           wanting,                          |   14     |   22     |  ...\n                                             |          |          |\n  \"      used for exculpation when agreed on,|   34     |   95,6   |  ...\n                                             |          |          |\n         _viz._, scales, hot iron, water,    |          |          |\n           poison, described,                |   35     |  97-113  |  ...\n                                             |          |          |\nOrders or periods of life of the twice-born, |   1      |   ...    |   13\n                                             |          |          |\n                                             |          |          |\nP.                                           |          |          |\n                                             |          |          |\n_Paisacha_ marriage,                         |   41     |   ...    |  150\n                                             |          |          |\nPartition, during father's lifetime,         |   37     |  114-16  |  ...\n                                             |          |          |\n   \"       after decease of parents,         |   38     |  117-126 |  ...\n                                             |          |          |\nPartners for profit, rules for guidance of,  |   72     |   265    |  ...\n                                             |          |          |\nPasture-ground, village, how allotted,       |   52     |   166    |  ...\n                                             |          |          |\nPayment of debt, how to be evidenced,        |   33     |   93,4   |  ...\n                                             |          |          |\nPlaint, cause of action in, not to vary from |          |          |\n  original statement,                        |   10     |   9      |  ...\n                                             |          |          |\nPlaintiff, how to proceed in a suit,         |   10     |   5-8    |  ...\n                                             |          |          |\nPleadings in a suit,                         |   10     |   6,7    |  ...\n                                             |          |          |\nPledges, law of,                             |   24     |   58-67  |  ...\n                                             |          |          |\n_Prayaschitta_, _Introd._                    |   x      |   ...    |  ...\n                                             |          |          |\nPrescription or usucapion, law of,           |   15     |   24-28  | 25-34\n                                             |          |          |\nPrices, regulated by the sovereign,          |   69     |   251    |  ...\n                                             |          |          |\n  \"     process to determine,                |   70     |   253    |  ...\n                                             |          |          |\nPriority, its importance in gifts, pledges   |          |          |\n  and sales,                                 |   15     |   23     |  ...\n                                             |          |          |\nProcedure, the four steps in,                |   10     |   5-8    |  ...\n                                             |          |          |\nProfits, how calculated,                     |   69     |  251,2   |  ...\n                                             |          |          |\nProhibited articles, forfeited if sold,      |   71     |   261    |  ...\n                                             |          |          |\nProof, absence of, fatal to suit,            |   14     |   19     |  ...\n                                             |          |          |\n  \"    of part sometimes sufficient,         |   14     |   20     |  ...\n                                             |          |          |\n  \"    of three kinds,                       |   14     |   22     |  ...\n                                             |          |          |\nProperty, how divided,                       |   38     |  117-126 |  ...\n                                             |          |          |\n   \"      stolen, cannot pass by sale,       |   52     |   168    |  ...\n                                             |          |          |\n   \"      lost or stolen, how to be dealt    |          |          |\n            with,                            |   53     |   169    |  ...\n                                             |          |          |\n   \"      lost, claim to, how supported,     |   53     |   171    |  ...\n                                             |          |          |\n   \"      of one dying in foreign country,   |          |          |\n            succession to,                   |   72     |   264    |  ...\n                                             |          |          |\nPunishment, a monarch's duty,                |   5      |   353    |  ...\n                                             |          |          |\n   \"        Brahma created in form of,       |   5      |   353    |  ...\n                                             |          |          |\n   \"        impartiality in,                 |   5      |   357    |  ...\n                                             |          |          |\n   \"        how apportioned,                 |   8      |   366,7  |  ...\n                                             |          |          |\nPurchase, time allowed for trial of different|          |          |\n  articles on,                               |   51     |   177    |  ...\n                                             |          |          |\nPurchaser cannot recede from his bargain,    |   70     |   258    |  ...\n                                             |          |          |\nPurloiners and cut-purses how to be treated, |   74     |   274    |  ...\n                                             |          |          |\n_Puttrika-suta_,                             |   41     |   ...    |  151\n                                             |          |          |\n                                             |          |          |\n                                             |          |          |\nR.                                           |          |          |\n                                             |          |          |\n_Rakshasa_ marriage,                         |   41     |   ...    |  150\n                                             |          |          |\nRealm, why called seven-limbed,              |   5      |   352    |  ...\n                                             |          |          |\nReceipt to be given for payments,            |   33     |   93     |  ...\n                                             |          |          |\nReunited sharers, as to partition among,     |   45     |   138,9  |  ...\n                                             |          |          |\nRites of the twice-born,                     |   4      |   10     |  ...\n                                             |          |          |\nRituals of younger brothers and sisters      |          |          |\n  to be completed by the elder,              |   40     |   124    |  ...\n                                             |          |          |\n                                             |          |          |\nS.                                           |          |          |\n                                             |          |          |\n_Sahasa_,                                    |   65     |   230    |  ...\n                                             |          |          |\nSale and purchase, rules as to,              |   70     |  246-258 |  ...\n                                             |          |          |\n_Sastras_, _Dharma_, promulgators of,        |          |          |\n                         _Introd._           |   v & 2  |    4,5   |  ...\n                                             |          |          |\nSelf-acquired property not divisible on      |          |          |\n  partition,                                 |   38     |   118    |  ...\n                                             |          |          |\nSeller failing to deliver pays damage,       |   70     |   254    |  ...\n                                             |          |          |\n   \"   of lost or stolen property,           |   53     |  169,70  |  ...\n                                             |          |          |\nSeparation of a brother not desiring to share|,  37     |   116    |  ...\n                                             |          |          |\nServant, inattentive, how master may treat,  |   59     |   195    |  ...\n                                             |          |          |\nSisters, rituals of, to be performed by      |          |          |\n  brothers,                                  |   40     |   124    |  ...\n                                             |          |          |\nSlavery and servitude, analysis of,          |   56     |   ...    |  239\n                                             |          |          |\n  \"     when redemption from, a right,       |   55     |   182    |  ...\n                                             |          |          |\n  \"     to be in the order of casts,         |   56     |   183    |  ...\n                                             |          |          |\n_Smriti_,                                    |    3     |    7     |   9\n                                             |          |          |\nSodomy                                       |   77     |   293    |  ...\n                                             |          |          |\nSons, description of the twelve,             |   40     |  128-132 |  ...\n                                             |          |          |\n \"    the first in order to be heir,         |   43     |   132    |  ...\n                                             |          |          |\n \"    of a slave-mother by a Sudra,          |   43     |   133    | ...\n                                             |          |          |\n \"    by mothers of different cast, how      |          |          |\n        to share,                            |   40     |   125    |  ...\n                                             |          |          |\n \"    lawfully begotten on another's wife,   |   40     |   127    |  ...\n                                             |          |          |\nSpecial pleading,                            |   11     |   17     |  17\n                                             |          |          |\n_Sruti_,                                     |    3     |    7     |   9\n                                             |          |          |\nStolen property, monarch to restore,         |   19     |   36     |  ...\n                                             |          |          |\n_Stridhana_, definition of,                  |   46     |   143    |  ...\n                                             |          |          |\n                                             |          |          |\n    \"        succession to,                  |   38     |   117    |  ...\n                                             |          |          |\n    \"        where no issue,                 |   47     |   145    |  ...\n                                             |          |          |\n    \"        when may be appropriated by     |          |          |\n               husband,                      |   47     |   147    |  ...\n                                             |          |          |\nSubornation,                                 |   31     |   81     |  ...\n                                             |          |          |\nSudra, son of, on a slave,                   |   43     |   133    | ...\n                                             |          |          |\nSureties, by parties to a suit,              |   11     |   10     |  ...\n                                             |          |          |\n   \"      who may not be,                    |  23,67   |  52,239  |  ...\n                                             |          |          |\n   \"      for what may be given,             |   23     |   53     |  ...\n                                             |          |          |\n   \"      when sons of, liable,              |   23     |   54     |  ...\n                                             |          |          |\n   \"      liabilities and reimbursement of,  |   23     |   55,6   |  ...\n                                             |          |          |\n                                             |          |          |\nT.                                           |          |          |\n                                             |          |          |\nTheft, when village governor &c. liable      |          |          |\n         if not traced,                      |   73     |   271,2  |  ...\n                                             |          |          |\n  \"    punishment of, variations in,         |   74     |   273-5  |  ...\n                                             |          |          |\n  \"    accessory after,                      |   74     |   276    |  ...\n                                             |          |          |\nThief, capture of, on suspicion,             |   72     |   266-9  |  ...\n                                             |          |          |\nThreats of injury,                           |   62     |   208,9  |  ...\n                                             |          |          |\nTitle and possession,                        |   17     |   27-29  |  ...\n                                             |          |          |\nTraders,                                     |   68     |  244-262 |  ...\n                                             |          |          |\nTreasure found, how appropriated,            |   19     |   34,5   |  ...\n                                             |          |          |\n   \"       \"    concealment of, punishable,  |   19     |   35     |  ...\n                                             |          |          |\nTwice-born man, may appropriate grass, fuel, |          |          |\n                  and flowers,               |   52     |   166    |  ...\n                                             |          |          |\n  \"    \"        why so called,               |   4      |   39     |  ...\n                                             |          |          |\n                                             |          |          |\nU.                                           |          |          |\n                                             |          |          |\nUntruth in testimony to save life, how       |          |          |\n  atoned for,                                |   31     |   83     |  ...\n                                             |          |          |\n_Upanidhi_,                                  |   26     |   65     |  ...\n                                             |          |          |\nUsage, when argument founded on, of force,   |   14     |   21     |  ...\n                                             |          |          |\nUse or hire of various things, what to be    |          |          |\n  given for,                                 |   24     |   57     |  ...\n                                             |          |          |\nUterine brothers, their preferable position, |   45     |  138,9   |  ...\n                                             |          |          |\n                                             |          |          |\nV.                                           |          |          |\n                                             |          |          |\nViolent aggression or _Sahasa_,              |   66     |   230    |  ...\n                                             |          |          |\nViolence on female slaves,                   |   77     |   291    |  277\n                                             |          |          |\nVirgin, abduction of,                        |   76     |   287    |  ...\n                                             |          |          |\n  \"     ravishing,                           |   77     |   288    |  ...\n                                             |          |          |\n_Vyavahara_, _Introd._                       |   x      |   ...    |  ...\n                                             |          |          |\n                                             |          |          |\nW.                                           |          |          |\n                                             |          |          |\nWager, collateral to suit, enforced,         |   13     |   18     |  ...\n                                             |          |          |\n \"     at fighting games, rules as to,       |   61     |   203    |  ...\n                                             |          |          |\nWell, digging of, encouraged,                |   50     |   156    |  ...\n                                             |          |          |\nWeights, tables of,                          |   6,7    |   361-4  |   29\n                                             |          |          |\n  \"      false declaration of, penalty for,  |   71     |   262    |  ...\n                                             |          |          |\nWidow, whoever takes, must pay former        |          |          |\n  husband's debts,                           |   22     |   51     |  ...\n                                             |          |          |\nWife's share, on partition by her husband    |          |          |\n  among his sons, if no _stridhana_,         |   37     |   115    |  ...\n                                             |          |          |\nWife, _Dharma_,                              |   41     |   ...    |  150\n                                             |          |          |\nWife's son,                                  |  41&46   | 128&141  |  ...\n                                             |          |          |\nWives of those disqualified to inherit,      |   46     |   142    |  ...\n                                             |          |          |\nWife, superseded, how compensated,           |   48     |   148    |  ...\n                                             |          |          |\nWitness, when one sufficient,                |   28     |   72     |  ...\n                                             |          |          |\n   \"     contumacious,                       |   30     |   76,78  |  ...\n                                             |          |          |\n   \"     false,                              |   31     |   81     |  ...\n                                             |          |          |\n   \"     when permitted to speak untruth,    |   31     |   83     |  ...\n                                             |          |          |\n   \"     when permitted to equivocate,       |   31     |   ...    |  121\n                                             |          |          |\n   \"     who proper to be,                   |   27     |   68-9   |  ...\n                                             |          |          |\n   \"     who admissable as,                  |   28     |   70-1   |  ...\n                                             |          |          |\n   \"     exceptions to incompetency of,      |   28     |   72     |  ...\n                                             |          |          |\n   \"     how to be warned by the judge,      |   29     |   73-5   |  ...\n                                             |          |          |\n   \"     how to test credit of,              |   30     |   78-80  |  ...\n                                             |          |          |\nWomen, crimes of,                            |   75     |  278,9   |  ...\n                                             |          |          |\n  \"    vilifying,                            |   77     |   289    |  ...\n                                             |          |          |\n  \"    public,                               |   77     |   292    |  ...\n                                             |          |          |\nWorkman, deserting his work,                 |   59     |   193    |  ...\n                                             |          |          |\n  \"      to have charge of the implements,   |   59     |   193    |  ...\n                                             |          |          |\n  \"      hire of, terms of, to be            |          |          |\n          pre-arranged, under penalty,       |   59     |   194    |  ...\n                                             |          |          |\n  \"      how to be paid where two employed,  |   59     |   196    |  ...\n                                             |          |          |\nWounding, punished by the highest fine,      |   75     |   277    |  ...\n                                             |          |          |\n                                             |          |          |\nY.                                           |          |          |\n                                             |          |          |\n_Yajnavalkya_, data for fixing when his code |          |          |\n  promulgated, _Introd._                     |   x      |   ...    |  ...\n                                             |          |          |\n_Yogis_,                                     |   1      |   ...    |   1\n                                             |          |          |\n___________________________________________________________________________","title":"Hindu Law and Judicature from the Dharma-S\u00e1stra of Y\u00e1jnavalkya","tradition":"scripture-revelation","translated_text":null,"word_count":27786}