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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1One who breaks an arrest which has been put on him in one of the places or on one of the occasions hitherto mentioned, does not commit a criminal offence by doing so. A. 50. A. observes that this verse, though it ought not to come in here, has been inserted from the original work (of Narada?). It means, according to him, that both those lawsuits which have been decided by the king in person, and those which have been decided by friends, connections, or relatives, shall be tried anew, in case the double amount of the fine ordained has been paid. Y4gviavalkya II, 305. Perhaps the word ‘(or)’ had better be omitted. 51. ‘A proper time’ means ‘a suitable time,’ i.e. any other time besides the various occasions mentioned in paragraph 45. ‘One who arrests improperly,’ is either one who arrests on one of the prohibited occasions, or one who arrests without sufficient reason. A. 52. Artizans, i.e. manual labourers, while engaged in their work. A. RULES OF PROCEDURE; ARREST. 19 * 53. Cowherds engaged in tending cattle; cultivators in the act of cultivation; artizans, while engaged in their own occupations ; soldiers, during warfare ; *54. One who has not yet arrived at years of discretion; a messenger; one about to give alms; one fulfilling a vow; one harassed by difficulties : a person belonging to any of these categories must not be arrested, nor shall the king summon him (before a court of justice). * 55. One accused of an offence must not lodge a plaint himself, unless he have refuted the charge raised by the other party. Neither (is he allowed to accuse) one who has already been accused by a different party. It is wrong to strike one again who has already been struck (by another). 56. When he has proffered a charge, he must not 53, 54. ‘One who has not yet arrived at years of discretion,’ i. e. a boy. ‘A messenger,’ whether employed in the affairs of the king, or by a private person. ‘One about to give alms,’ at one of the ‘Parvan’ days (the days of the four changes of the moon). ‘One fulfilling a vow,’ performing a special religious observance. ‘One harassed by difficulties,’ i.e. one who has been befallen, at the time being, by a calamity from the king or from fate. All persons in any such situation must not be arrested. A. 55. The defendant, after having been accused by the plaintiff, must not proffer a counter plaint against the plaintiff, without having previously cleared himself of the charge raised against himself, because two different causes cannot be tried at one and the same time. Neither must a new plaint be lodged against one who has already been impeached by another, because one already hit must not be hit again. If a deer has been first hit by one huntsman, and is again hit by another hunter, the effort of the latter is to no purpose. The first huntsman may justly claim the deer, and not the second. A. Y4g#avalkya II, 9.
2If a deer has been first hit by one huntsman, and is again hit by another hunter, the effort of the latter is to no purpose. The first huntsman may justly claim the deer, and not the second. A. Y4g#avalkya II, 9. 56. ‘He must not alter the charge,’ as e.g. by claiming a larger or a smaller sum afterwards than he had done before If e. g. after Cc 2 20 NARADA. again alter it. He must not recede from his previous claim. By doing so he will lose his suit. 57- He must not lodge a false plaint. He is a sinner who proffers a false charge (against any one). Whatever fine is declared in a suit of this sort has to be paid by the claimant. 58. If'a man delays his answer under false pretences, or if he stands mute at the trial, or if he revokes his own former statements: these are the signs by which a loser of his cause may be known. 59. One who absconds after having received the summons, or who does not make any defence after having arrived in court, shall be punished by the king, because his cause is lost. 60. If a man being questioned does not uphold having first claimed, as being his due, a sum amounting to 20 Gadyanakas of gold, he says afterwards : This man has to give 50 drammas (drachmas) to my son, it is called ‘receding from one’s first claim and proffering another claim.’ A. Y4géavalkya II, 9. 58. Delaying one’s answer under false pretences is e.g. if a man says, ‘I am unwell just now,’ or ‘I am unclean just now. I make no answer.’ Likewise, if a man, after having been asked by the judges, does not speak, or if having made a statement previously he revokes it; by such signs as these a man may be known to have lost his cause. A. 59. He who, after having been summoned by the king, makes off ; or who, having decamped and having been seized with difficulty by the king’s officers, does not make any reply to the questions put to him, shall be fined by the king, because he loses his suit. A. Manu VIII, 55, 56; Yag#avalkya II, 16. 60. If, being questioned by the judges, he does not uphold, i.e. maintain, a statement previously made by himself. A. The commentators of Manu, in commenting on an analogous passage of the Code of Manu (VIII, 54), give the following example. A man has made a certain statement regarding the money in dispute. The judge asks him afterwards, ‘Why did you tender or accept the money at night?’ The man thereupon does not abide by his own former statement. (See Jolly, translation of the eighth chapter of RULES OF PROCEDURE; EVIDENCE. 21 a statement duly made by himself (at a former stage of the trial); or if he ends by admitting what had been previously negatived by himself ; 61. Or if he is unable to produce any witnesses, after having declared that they are in existence and having been asked to produce them: by all such signs as these persons devoid of virtue may be known.
3Or if he is unable to produce any witnesses, after having declared that they are in existence and having been asked to produce them: by all such signs as these persons devoid of virtue may be known. *62. When a lawsuit has been decided evidence becomes useless, unless a document or witnesses can be produced who or which had not been announced at a former stage of the trial. * 63. As the (fertilizing) power of rain is thrown away on ripe grain, even so evidence becomes useless when the suit has been decided. the Code of Manu.) ‘He who, after having answered a question in the negative previously, makes an opposite statement afterwards.’ The meaning is as follows: He is cast, if, having been interrogated by the judges, ‘Can you adduce any witnesses or documents?’ he replies at first by saying ‘I have none,’ and goes on to say ‘I have witnesses and documents.’ A. The reading seems faulty. See Manu. 61. If a man says he has documents or witnesses, and the judges, having heard this, say to him, ‘If you have witnesses, show them,’ i.e. exhibit them; if thereupon he does not adduce them, he loses his suit. A. Manu VIII, 57. 62. ‘This wicked debtor owes me money. He declines to restore it, though I can prove his obligation to pay me by witnesses and documentary evidence. Therefore I must cite him before the tribunal of the king.’ If the claimant says so and does not produce evidence at the time when he proffers his claim, but produces it afterwards, it does not make evidence. If, however, a statement of this kind had been previously made, and the claimant, owing to some unfortunate accident, or to forgetfulness, &c., has merely failed to repeat it at the third stage of the trial (i.e. during the judicial inquiry), it may be renewed, and shall be examined by the judges, although the case had already been decided, and sureties been given and taken. A. Y4g#avalkya II, 20. 22 NARADA. 64. False stateménts even have to be examined if they have been made in due season. That, on the other hand, which has been passed over in silence through inadvertency, fails to produce any result, even though it be true. * 65. If a man is of opinion that the suit has been decided and punishment declared in a way contrary to justice, he may have the cause tried once more, provided he should pay twice the amount of the fine inflicted. * 66. If a verdict contrary to justice has been passed, the assessors of the court must pay that fine; because nobody certainly can act as a judge without incurring the risk of being punished (eventually). 67. When a member of a court of justice, actuated by wrath, ignorance, or covetousness, has passed an 64. YAg#avalkya II, 19.
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.
1One who breaks an arrest which has been put on him in one of the places or on one of the occasions hitherto mentioned, does not commit a criminal offence by doing so. A. 50. A. observes that this verse, though it ought not to come in here, has been inserted from the original work (of Narada?). It means, according to him, that both those lawsuits which have been decided by the king in person, and those which have been decided by friends, connections, or relatives, shall be tried anew, in case the double amount of the fine ordained has been paid. Y4gviavalkya II, 305. Perhaps the word ‘(or)’ had better be omitted. 51. ‘A proper time’ means ‘a suitable time,’ i.e. any other time besides the various occasions mentioned in paragraph 45. ‘One who arrests improperly,’ is either one who arrests on one of the prohibited occasions, or one who arrests without sufficient reason. A. 52. Artizans, i.e. manual labourers, while engaged in their work. A. RULES OF PROCEDURE; ARREST. 19 * 53. Cowherds engaged in tending cattle; cultivators in the act of cultivation; artizans, while engaged in their own occupations ; soldiers, during warfare ; *54. One who has not yet arrived at years of discretion; a messenger; one about to give alms; one fulfilling a vow; one harassed by difficulties : a person belonging to any of these categories must not be arrested, nor shall the king summon him (before a court of justice). * 55. One accused of an offence must not lodge a plaint himself, unless he have refuted the charge raised by the other party. Neither (is he allowed to accuse) one who has already been accused by a different party. It is wrong to strike one again who has already been struck (by another). 56. When he has proffered a charge, he must not 53, 54. ‘One who has not yet arrived at years of discretion,’ i. e. a boy. ‘A messenger,’ whether employed in the affairs of the king, or by a private person. ‘One about to give alms,’ at one of the ‘Parvan’ days (the days of the four changes of the moon). ‘One fulfilling a vow,’ performing a special religious observance. ‘One harassed by difficulties,’ i.e. one who has been befallen, at the time being, by a calamity from the king or from fate. All persons in any such situation must not be arrested. A. 55. The defendant, after having been accused by the plaintiff, must not proffer a counter plaint against the plaintiff, without having previously cleared himself of the charge raised against himself, because two different causes cannot be tried at one and the same time. Neither must a new plaint be lodged against one who has already been impeached by another, because one already hit must not be hit again. If a deer has been first hit by one huntsman, and is again hit by another hunter, the effort of the latter is to no purpose. The first huntsman may justly claim the deer, and not the second. A. Y4g#avalkya II, 9.
2If a deer has been first hit by one huntsman, and is again hit by another hunter, the effort of the latter is to no purpose. The first huntsman may justly claim the deer, and not the second. A. Y4g#avalkya II, 9. 56. ‘He must not alter the charge,’ as e.g. by claiming a larger or a smaller sum afterwards than he had done before If e. g. after Cc 2 20 NARADA. again alter it. He must not recede from his previous claim. By doing so he will lose his suit. 57- He must not lodge a false plaint. He is a sinner who proffers a false charge (against any one). Whatever fine is declared in a suit of this sort has to be paid by the claimant. 58. If'a man delays his answer under false pretences, or if he stands mute at the trial, or if he revokes his own former statements: these are the signs by which a loser of his cause may be known. 59. One who absconds after having received the summons, or who does not make any defence after having arrived in court, shall be punished by the king, because his cause is lost. 60. If a man being questioned does not uphold having first claimed, as being his due, a sum amounting to 20 Gadyanakas of gold, he says afterwards : This man has to give 50 drammas (drachmas) to my son, it is called ‘receding from one’s first claim and proffering another claim.’ A. Y4géavalkya II, 9. 58. Delaying one’s answer under false pretences is e.g. if a man says, ‘I am unwell just now,’ or ‘I am unclean just now. I make no answer.’ Likewise, if a man, after having been asked by the judges, does not speak, or if having made a statement previously he revokes it; by such signs as these a man may be known to have lost his cause. A. 59. He who, after having been summoned by the king, makes off ; or who, having decamped and having been seized with difficulty by the king’s officers, does not make any reply to the questions put to him, shall be fined by the king, because he loses his suit. A. Manu VIII, 55, 56; Yag#avalkya II, 16. 60. If, being questioned by the judges, he does not uphold, i.e. maintain, a statement previously made by himself. A. The commentators of Manu, in commenting on an analogous passage of the Code of Manu (VIII, 54), give the following example. A man has made a certain statement regarding the money in dispute. The judge asks him afterwards, ‘Why did you tender or accept the money at night?’ The man thereupon does not abide by his own former statement. (See Jolly, translation of the eighth chapter of RULES OF PROCEDURE; EVIDENCE. 21 a statement duly made by himself (at a former stage of the trial); or if he ends by admitting what had been previously negatived by himself ; 61. Or if he is unable to produce any witnesses, after having declared that they are in existence and having been asked to produce them: by all such signs as these persons devoid of virtue may be known.
3Or if he is unable to produce any witnesses, after having declared that they are in existence and having been asked to produce them: by all such signs as these persons devoid of virtue may be known. *62. When a lawsuit has been decided evidence becomes useless, unless a document or witnesses can be produced who or which had not been announced at a former stage of the trial. * 63. As the (fertilizing) power of rain is thrown away on ripe grain, even so evidence becomes useless when the suit has been decided. the Code of Manu.) ‘He who, after having answered a question in the negative previously, makes an opposite statement afterwards.’ The meaning is as follows: He is cast, if, having been interrogated by the judges, ‘Can you adduce any witnesses or documents?’ he replies at first by saying ‘I have none,’ and goes on to say ‘I have witnesses and documents.’ A. The reading seems faulty. See Manu. 61. If a man says he has documents or witnesses, and the judges, having heard this, say to him, ‘If you have witnesses, show them,’ i.e. exhibit them; if thereupon he does not adduce them, he loses his suit. A. Manu VIII, 57. 62. ‘This wicked debtor owes me money. He declines to restore it, though I can prove his obligation to pay me by witnesses and documentary evidence. Therefore I must cite him before the tribunal of the king.’ If the claimant says so and does not produce evidence at the time when he proffers his claim, but produces it afterwards, it does not make evidence. If, however, a statement of this kind had been previously made, and the claimant, owing to some unfortunate accident, or to forgetfulness, &c., has merely failed to repeat it at the third stage of the trial (i.e. during the judicial inquiry), it may be renewed, and shall be examined by the judges, although the case had already been decided, and sureties been given and taken. A. Y4g#avalkya II, 20. 22 NARADA. 64. False stateménts even have to be examined if they have been made in due season. That, on the other hand, which has been passed over in silence through inadvertency, fails to produce any result, even though it be true. * 65. If a man is of opinion that the suit has been decided and punishment declared in a way contrary to justice, he may have the cause tried once more, provided he should pay twice the amount of the fine inflicted. * 66. If a verdict contrary to justice has been passed, the assessors of the court must pay that fine; because nobody certainly can act as a judge without incurring the risk of being punished (eventually). 67. When a member of a court of justice, actuated by wrath, ignorance, or covetousness, has passed an 64. YAg#avalkya II, 19.
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.
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