Fetching
One moment.
Fetching
One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
136. But after partition they shall severally pay according to their shares of the inheritance. 37. A debt contracted by the wife of a herdsman, distiller of spirits, public dancer, washer, or hunter shall be discharged by the husband (because he is supported by his wife). 38. (A debt of which payment has been previously) promised must be paid by the householder ; 39. And (so must he pay that debt) which was 38, 39. Regarding these two Sftras see Jolly, Indisches Schuldrecht, in the Transactions of the Royal Bavarian Academy of Sciences, 1877, p. 309, note. 46 VISHNU. VI, 40. contracted by any person for the behoof of the family. 40. He who on receiving the whole amount of a loan, promises to repay the principal on the following day (or some other date near at hand), but from covetousness does not repay it, shall give interest for it. 41. Suretiship is ordained for appearance, for honesty, and for payment; the first two (sureties, and not their sons), must pay the debt on failure of their engagements, but even the sons of the last (may be, compelled to pay it). 42. When there are several sureties (jointly bound), they shall pay their proportionate shares of the debt; but when they are bound severally, the payment shall be made (by any of them), as the creditor pleases. 43. lf the surety, being harassed by the creditor, discharges the debt, the debtor shall pay twice as much to the surety. VII. 1. Documents are of three kinds: 2. Attested by the king, or by (other) witnesses, or unattested. 3. A document is (said to be) attested by the king when it has been executed (in a court of judicature), on the king ordering it, by a scribe, his 42. In the first case the agreement is made in the following form, ‘I shall pay so and so much to you, in the way agreed on.’ In the second case the sum is not divided between the sureties, and each of them liable for the whole debt therefore. (Nand.) VII. 4. Y. II, 84-88. — 5~7. Y. II, 89. — 6. M.VIII, 168. — 12. Y. II, 92. VII, 12. WRITINGS. 47 servant, and has been signed by his chief judge, with his own hand. 4. It is (said to be) attested by witnesses when, having been written anywhere, and by any one, it is signed by witnesses in their own hands. 5. It is (said to be) unattested when it has been written (by the party himself) with his own hand. 6. Such a document, if it has been caused to be written by force, makes no evidence. 7. Neither does any fraudulent document (make evidence) ; 8. Nor a document (which), though attested, (is vitiated) by the signature of a witness bribed (by one party) or of bad character ; 9g. Nor one written by a scribe of the same description ; 10. Nor one executed by a woman, or a child, or a dependant person, or one intoxicated or insane, or one in danger or in bodily fear.
2Nor one written by a scribe of the same description ; 10. Nor one executed by a woman, or a child, or a dependant person, or one intoxicated or insane, or one in danger or in bodily fear. 11, (That instrument is termed) proof which is not adverse to peculiar local usages, which defines clearly the nature of the pledge given}, and, is free from confusion in the arrangement of the subject matter and (in the succession of) the syllables. 12. If the authenticity of a document is contested, it should be ascertained by (comparing with it other) 4. According to Nand., the particle 4a is used here in order to include documents that have been executed by a person intoxicated, by one under duress, by a female, by a child, by force, and by intimidation (see Narada IV, 61). Most of these categories are, however, mentioned in Sfittra ro. 11.! I have translated the reading vyaktadhividhilakshazam, which, though not occurring in the text of any MS., is mentioned by Nand., and is found in an identical passage of the Institutes of Narada (see Narada IV, 60, and Appendix, p. 123). 48 VISHNU. VII, 13. letters or signs (such as the flourish denoting the word Sri and the like) or documents executed by the same man, by (enquiring into) the probabilities of the case, and by (finding out such writings as show) a mode of writing similar (to that contained in the disputed document). 13. Should the debtor, or creditor, or witness, or scribe be dead, the authenticity of the document has to be ascertained by (comparing with it other) specimens of their handwriting. VIII. 1. Now follow (the laws regarding) witnesses. 2. The king cannot be (made a witness); nor a learned Bréhmavza ; nor an ascetic; nor a gamester ; nor a thief; nor a person not his own master; nor a woman; nor a child; nor a perpetrator of the acts called s&hasa! (violence); nor one over-aged (or more than eighty years old); nor one intoxicated or insane; nor a man of bad fame; nor an outcast; VIII. 2, 3, 5. M.VIII, 64-67; Y. II, 70, 71. — 4, 5. Gaut. XIII, 5. — 6. M.VIII, 72; Y. II, 72; Gaut. XIII, 9.— 8. M. VIII, 62, 63; Y. II, 68, 69; Apast. II, 11, 29, 7; Gaut. XIII, 2. —9. M. VIII, 77; Y. II, 72. — 10, 11. Y. II, 17. — 14. M. VIII, 81; Apast. II, 11, 29, 10; Gaut. XIII, 7.—15, 16. M. VIII, 104-106; Y. II, 83. — 15. Gaut. XIII, 24.— 18. M. VIII, 25, 26; Y. Il, 13-15.— 19. M.VIII, 87; Y. II, 73; Apast. II, 11, 29,7; Gaut. XIII, 12, — 20-23. M. VIII, 88. — 24-26. M.VIII, 89, 90; Y. Il, 73-75. — 37. M.VIII, 107; Y. II, 77; Gaut. XIII, 6. — 38. Y. Il, 79.— 39. M.VIII, 73; Y. II, 78. — 40. M. VIII, 117. 2. ! There are three kinds of sfhasa. (Nand.) They are, in the enumeration of Narada, 1. spoiling fruits or the like; 2. injuring more valuable articles ; 3. offences directed against the life of a human being, and approaching another man’s wife. See Narada XIV, 4-6. VIII, rr. WITNESSES. 49
32. ! There are three kinds of sfhasa. (Nand.) They are, in the enumeration of Narada, 1. spoiling fruits or the like; 2. injuring more valuable articles ; 3. offences directed against the life of a human being, and approaching another man’s wife. See Narada XIV, 4-6. VIII, rr. WITNESSES. 49 nor one tormented by hunger or thirst; nor one oppressed by a (sudden) calamity (such as the death of his father or the like), or wholly absorbed in evil passions ; 3. Nor an enemy or a friend; nor one interested in the subject matter; nor one who does forbidden acts; nor one formerly perjured; nor an attendant ; 4. Nor one who, without having been appointed, comes and offers his evidence ; 5. Nor can one man alone be made a witness. .6. In cases of theft, of violence, of abuse and assault, and of adultery the competence of witnesses must not be examined too strictly. ° 7. Now (those who are fit to be) witnesses (shall be enumerated) : 8. Descendants of a noble race, who are virtuous and wealthy, sacrificers, zealous in the practice of religious austerities, having male issue, well versed in the holy law, studious, veracious, acquainted with the three Vedas, and aged (shall be witnesses). g. If he is endowed with the qualities just mentioned, one man alone can also be made a witness. 10. In a dispute between two litigants, the witnesses of that party have to be examined from which the plaint has proceeded. 11. Where the claim has been refuted as not agreeing with the facts (as e.g. the sum claimed 5. According to Nand., who argues from a passage of Narada (5, 37), the use of the particle a implies here, that two witnesses are also not sufficient. But the MSS. of Narada exhibit a different reading of the passage in question, which reading is supported by the Viramitrodaya. 8. The particle 4a is used here, according to Nand., who argues from a passage of YAgfiavalkya (II, 68), in order to include liberality among the qualities required in a witness. (7] E 50 VISHNU. VIII, 12. having been repaid by the debtor), there the witnesses of the defendant have to be examined as well. 12. An appointed witness having died or gone abroad, those who have heard his deposition may give evidence. 13. (The evidence of) witnesses is (of two kinds): either of what was seen, or of what was heard. 14. Witnesses are free from blame if they give true evidence. ; 15. Whenever the death of a member of any of the four castes (would be occasioned by true evidence, they are free from blame) if they give false evidence. 16. In order to expiate the sin thus committed, (such a witness), if he belongs to a twice-born caste, must pour an oblation in the fire, consecrating it with the texts called Kashm4zat. 17. If he is a SQdra, he must feed ten cows for one day. 18. A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
136. But after partition they shall severally pay according to their shares of the inheritance. 37. A debt contracted by the wife of a herdsman, distiller of spirits, public dancer, washer, or hunter shall be discharged by the husband (because he is supported by his wife). 38. (A debt of which payment has been previously) promised must be paid by the householder ; 39. And (so must he pay that debt) which was 38, 39. Regarding these two Sftras see Jolly, Indisches Schuldrecht, in the Transactions of the Royal Bavarian Academy of Sciences, 1877, p. 309, note. 46 VISHNU. VI, 40. contracted by any person for the behoof of the family. 40. He who on receiving the whole amount of a loan, promises to repay the principal on the following day (or some other date near at hand), but from covetousness does not repay it, shall give interest for it. 41. Suretiship is ordained for appearance, for honesty, and for payment; the first two (sureties, and not their sons), must pay the debt on failure of their engagements, but even the sons of the last (may be, compelled to pay it). 42. When there are several sureties (jointly bound), they shall pay their proportionate shares of the debt; but when they are bound severally, the payment shall be made (by any of them), as the creditor pleases. 43. lf the surety, being harassed by the creditor, discharges the debt, the debtor shall pay twice as much to the surety. VII. 1. Documents are of three kinds: 2. Attested by the king, or by (other) witnesses, or unattested. 3. A document is (said to be) attested by the king when it has been executed (in a court of judicature), on the king ordering it, by a scribe, his 42. In the first case the agreement is made in the following form, ‘I shall pay so and so much to you, in the way agreed on.’ In the second case the sum is not divided between the sureties, and each of them liable for the whole debt therefore. (Nand.) VII. 4. Y. II, 84-88. — 5~7. Y. II, 89. — 6. M.VIII, 168. — 12. Y. II, 92. VII, 12. WRITINGS. 47 servant, and has been signed by his chief judge, with his own hand. 4. It is (said to be) attested by witnesses when, having been written anywhere, and by any one, it is signed by witnesses in their own hands. 5. It is (said to be) unattested when it has been written (by the party himself) with his own hand. 6. Such a document, if it has been caused to be written by force, makes no evidence. 7. Neither does any fraudulent document (make evidence) ; 8. Nor a document (which), though attested, (is vitiated) by the signature of a witness bribed (by one party) or of bad character ; 9g. Nor one written by a scribe of the same description ; 10. Nor one executed by a woman, or a child, or a dependant person, or one intoxicated or insane, or one in danger or in bodily fear.
2Nor one written by a scribe of the same description ; 10. Nor one executed by a woman, or a child, or a dependant person, or one intoxicated or insane, or one in danger or in bodily fear. 11, (That instrument is termed) proof which is not adverse to peculiar local usages, which defines clearly the nature of the pledge given}, and, is free from confusion in the arrangement of the subject matter and (in the succession of) the syllables. 12. If the authenticity of a document is contested, it should be ascertained by (comparing with it other) 4. According to Nand., the particle 4a is used here in order to include documents that have been executed by a person intoxicated, by one under duress, by a female, by a child, by force, and by intimidation (see Narada IV, 61). Most of these categories are, however, mentioned in Sfittra ro. 11.! I have translated the reading vyaktadhividhilakshazam, which, though not occurring in the text of any MS., is mentioned by Nand., and is found in an identical passage of the Institutes of Narada (see Narada IV, 60, and Appendix, p. 123). 48 VISHNU. VII, 13. letters or signs (such as the flourish denoting the word Sri and the like) or documents executed by the same man, by (enquiring into) the probabilities of the case, and by (finding out such writings as show) a mode of writing similar (to that contained in the disputed document). 13. Should the debtor, or creditor, or witness, or scribe be dead, the authenticity of the document has to be ascertained by (comparing with it other) specimens of their handwriting. VIII. 1. Now follow (the laws regarding) witnesses. 2. The king cannot be (made a witness); nor a learned Bréhmavza ; nor an ascetic; nor a gamester ; nor a thief; nor a person not his own master; nor a woman; nor a child; nor a perpetrator of the acts called s&hasa! (violence); nor one over-aged (or more than eighty years old); nor one intoxicated or insane; nor a man of bad fame; nor an outcast; VIII. 2, 3, 5. M.VIII, 64-67; Y. II, 70, 71. — 4, 5. Gaut. XIII, 5. — 6. M.VIII, 72; Y. II, 72; Gaut. XIII, 9.— 8. M. VIII, 62, 63; Y. II, 68, 69; Apast. II, 11, 29, 7; Gaut. XIII, 2. —9. M. VIII, 77; Y. II, 72. — 10, 11. Y. II, 17. — 14. M. VIII, 81; Apast. II, 11, 29, 10; Gaut. XIII, 7.—15, 16. M. VIII, 104-106; Y. II, 83. — 15. Gaut. XIII, 24.— 18. M. VIII, 25, 26; Y. Il, 13-15.— 19. M.VIII, 87; Y. II, 73; Apast. II, 11, 29,7; Gaut. XIII, 12, — 20-23. M. VIII, 88. — 24-26. M.VIII, 89, 90; Y. Il, 73-75. — 37. M.VIII, 107; Y. II, 77; Gaut. XIII, 6. — 38. Y. Il, 79.— 39. M.VIII, 73; Y. II, 78. — 40. M. VIII, 117. 2. ! There are three kinds of sfhasa. (Nand.) They are, in the enumeration of Narada, 1. spoiling fruits or the like; 2. injuring more valuable articles ; 3. offences directed against the life of a human being, and approaching another man’s wife. See Narada XIV, 4-6. VIII, rr. WITNESSES. 49
32. ! There are three kinds of sfhasa. (Nand.) They are, in the enumeration of Narada, 1. spoiling fruits or the like; 2. injuring more valuable articles ; 3. offences directed against the life of a human being, and approaching another man’s wife. See Narada XIV, 4-6. VIII, rr. WITNESSES. 49 nor one tormented by hunger or thirst; nor one oppressed by a (sudden) calamity (such as the death of his father or the like), or wholly absorbed in evil passions ; 3. Nor an enemy or a friend; nor one interested in the subject matter; nor one who does forbidden acts; nor one formerly perjured; nor an attendant ; 4. Nor one who, without having been appointed, comes and offers his evidence ; 5. Nor can one man alone be made a witness. .6. In cases of theft, of violence, of abuse and assault, and of adultery the competence of witnesses must not be examined too strictly. ° 7. Now (those who are fit to be) witnesses (shall be enumerated) : 8. Descendants of a noble race, who are virtuous and wealthy, sacrificers, zealous in the practice of religious austerities, having male issue, well versed in the holy law, studious, veracious, acquainted with the three Vedas, and aged (shall be witnesses). g. If he is endowed with the qualities just mentioned, one man alone can also be made a witness. 10. In a dispute between two litigants, the witnesses of that party have to be examined from which the plaint has proceeded. 11. Where the claim has been refuted as not agreeing with the facts (as e.g. the sum claimed 5. According to Nand., who argues from a passage of Narada (5, 37), the use of the particle a implies here, that two witnesses are also not sufficient. But the MSS. of Narada exhibit a different reading of the passage in question, which reading is supported by the Viramitrodaya. 8. The particle 4a is used here, according to Nand., who argues from a passage of YAgfiavalkya (II, 68), in order to include liberality among the qualities required in a witness. (7] E 50 VISHNU. VIII, 12. having been repaid by the debtor), there the witnesses of the defendant have to be examined as well. 12. An appointed witness having died or gone abroad, those who have heard his deposition may give evidence. 13. (The evidence of) witnesses is (of two kinds): either of what was seen, or of what was heard. 14. Witnesses are free from blame if they give true evidence. ; 15. Whenever the death of a member of any of the four castes (would be occasioned by true evidence, they are free from blame) if they give false evidence. 16. In order to expiate the sin thus committed, (such a witness), if he belongs to a twice-born caste, must pour an oblation in the fire, consecrating it with the texts called Kashm4zat. 17. If he is a SQdra, he must feed ten cows for one day. 18. A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
No commentary for this page.