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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Documentary evidence, likewise, is generally available in such cases. Therefore, divine proof should not be resorted to. Where a transaction is known to have PLAINT AND ANSWER. 31 in a village or town, or in the presence of witnesses, divine test is not applicable. * 30. Divine test is applicable (where the transaction has taken place) in a solitary forest, at night, or in the interior of a house, and in cases of violence, or of denial of a deposit. 31. Where the defendant has evaded the plaint by means of a special plea, it becomes incumbent on him to prove his assertion, and he is placed in the position of a claimant. * 32. One who takes to flight after having received the summons; one who remains silent ; one who is convicted (of untruth) by (the deposition of) the witnesses; and one who makes a confession himself : these are the four kinds of Avasannas (losers of their suit). * 33. One who alters his former statements ; one taken place in the presence of witnesses, divine proof is also not applicable. A. 3o. In all the places and occasions mentioned in this paragraph human proof is not applicable, wherefore divine test has to be resorted to. A. 31. Where the defendant has recourse to the mode of defence called Pratyavaskandana, i.e. where he admits the charge, but adduces a special circumstance to exonerate himself, the plaint becomes purposeless. To the defendant, however, belongs the onus probandi in regard to the special circumstance mentioned by him. He is, therefore, reduced to the position of a claimant, in that it is incumbent on him to prove his assertion at the time of the judicial investigation (kriya). A. 32. One who, though summoned by the king’s officers, absconds through fear of the accusation brought against him; one who stands mute in the assembly when he is asked to make his declaration; one who is cast by the depositions of the witnesses ; and one who confesses to be in the wrong himself: these four persons are non-suited. A. Y4gfiavalkya II, 16; Manu VIII, 55-58. 33- Two out of the four ‘losers of their suit,’ who are referred 32 NARADA. who shuns the judicial investigation ; one who does not make his appearance (before the tribunal); one who makes no reply; and one who absconds after receiving the summons: these five kinds of persons are called Hina (cast in their present suit). 34. Precious stones, such as rubies, golden ornaments, such as Dindras, pearls, coral, shells, and other (jewels and precious metals) shall be returned
234. Precious stones, such as rubies, golden ornaments, such as Dindras, pearls, coral, shells, and other (jewels and precious metals) shall be returned to in the preceding paragraph, may be said to have lost their cause for once and all, viz. one who is convicted of untruth by the deposition of the witnesses, and one who confesses his wrong himself. The two others, viz. one who remains silent and one who absconds, are liable to punishment, but they do not entirely lose their suit, as their cause may be tried anew. Similarly, the five persons mentioned in par. 33, though non-suited in the case in hand, may have their cause tried anew. ‘One who alters his statements,’ i.e. one who, from forgetfulness, says something different from what he had stated before. ‘One who shuns the judicial investigation,’ i.e. one who, from repugnance against judicial investigation, throws the proceedings into confusion. ‘One who does not make his appearance before the tribunal,’ i.ec.on account of a calamity which has befallen him through the king or through fate, &c. ‘One who makes no reply,’ i.e. one who does not give in his answer at once, and asks for delay to prepare it. ‘One who absconds’ from fear of an enemy. A. This interpretation has evidently been called forth by a desire to reconcile par. 33 with the preceding paragraph, as the persons called Hfna are partly identical with those designed as Avasannas. It may be doubted, however, whether par. 32 belongs to the original work of N&rada, as the identical rule is elsewhere attributed to Brzhaspati (see Viram., p. 102), and as it is certainly difficult to reconcile the two paragraphs with one another. 34. If the owner of the articles mentioned in this rule sells them for genuine, and the purchaser, putting belief in his statements, accepts them as such, and pays for them, but finds out afterwards that they are not genuine, the seller must take them back, and must give other articles in exchange for them which are really valuable, or he must make good their value to the purchaser. A. As for the meaning of the term Dinfra, which corresponds to the Latin denarius, see the Introduction. THE PLAINT. 33 to their owner, in case they turn out to be imitations only. 35. If a man seizes perfumes, or garlands—other than those which have been given to him—or ornaments, or clothes, or shoes, which belong to the king, he deserves to be corporally punished. * 36. The price or value of a commodity, wages, a deposit, a fine, what has been abandoned (by one and found by another), what has been idly promised, and what has been won at play; none of these articles yields interest, except under a special agreement to the purpose. 37- Men of the Sddra caste, who proffer a false accusation against a member of a twice-born (Aryan) caste, shall have their tongue slit by (the officers of) the king, and he shall cause them to be put on stakes. 38. A royal edict, a (private) document, a written
337- Men of the Sddra caste, who proffer a false accusation against a member of a twice-born (Aryan) caste, shall have their tongue slit by (the officers of) the king, and he shall cause them to be put on stakes. 38. A royal edict, a (private) document, a written 35- One who, from pride, seizes (or uses) one of the above articles, shall be corporally punished, if they belong to the king. A. The reading of this paragraph is quite uncertain. 36. ‘The price of a commodity,’ the price paid for a saleable commodity which has been sold. ‘A deposit,’ a trust. ‘A fine,’ an amercement which has been inflicted by the king’s judges. ‘What has been abandoned,’ what has been seized after its dereliction (by the original owner). ‘What has been idly promised’ to bards or other worthless persons. 37. If the SQdras, by whom this crime has been committed, are punished by the king, he becomes free from blame. Otherwise, the blame falls on him, as it is his duty to reward the honest, and to punish evil-doers. A. 38. The divers forms in which a plaint is instituted in each of these several cases (excepting a single case, a transaction of sale) are stated as follows by A.: ‘1. This man has not taken notice of a certain royal edict. 2. This man has (unduly) availed himself of a certain document relating to its owner. 3. This man, by virtue of a certain written title, has appropriated a slave girl belonging to {33] D 34 NARADA. title, a grant, a pledge, a (promise reduced to) writing, _a sale, or purchase: one who brings a claim in regard to any one of these before the king is known as defendant among ‘those conversant with the rules (of legal pleading). * 39. Where the deposition of the witnesses has been objected to, it becomes necessary first of all to clear the witnesses from suspicion. When the witnesses themselves have been cleared from suspicion, he may undertake to remove the doubts which have been raised against their deposition. * 40. When a man has lost his cause through the dishonesty of witnesses or judges, the cause may be tried anew. When, however, a man has been cast through his own conduct, the trial cannot be renewed. 41. One convicted by his own confession, one myself. 4. This man raises the revenue of a certain village which has been granted to myself. The grant relates to myself only. 5. This property has first been pledged to me by the debtor. How can any one else enjoy it? 6. Why does not this man deliver this chattel to me, which has been promised to me in writing? 7. I have purchased this commodity from him, and paid for it. He does not make the commodity over to me. —Read Agfa.
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.
1Documentary evidence, likewise, is generally available in such cases. Therefore, divine proof should not be resorted to. Where a transaction is known to have PLAINT AND ANSWER. 31 in a village or town, or in the presence of witnesses, divine test is not applicable. * 30. Divine test is applicable (where the transaction has taken place) in a solitary forest, at night, or in the interior of a house, and in cases of violence, or of denial of a deposit. 31. Where the defendant has evaded the plaint by means of a special plea, it becomes incumbent on him to prove his assertion, and he is placed in the position of a claimant. * 32. One who takes to flight after having received the summons; one who remains silent ; one who is convicted (of untruth) by (the deposition of) the witnesses; and one who makes a confession himself : these are the four kinds of Avasannas (losers of their suit). * 33. One who alters his former statements ; one taken place in the presence of witnesses, divine proof is also not applicable. A. 3o. In all the places and occasions mentioned in this paragraph human proof is not applicable, wherefore divine test has to be resorted to. A. 31. Where the defendant has recourse to the mode of defence called Pratyavaskandana, i.e. where he admits the charge, but adduces a special circumstance to exonerate himself, the plaint becomes purposeless. To the defendant, however, belongs the onus probandi in regard to the special circumstance mentioned by him. He is, therefore, reduced to the position of a claimant, in that it is incumbent on him to prove his assertion at the time of the judicial investigation (kriya). A. 32. One who, though summoned by the king’s officers, absconds through fear of the accusation brought against him; one who stands mute in the assembly when he is asked to make his declaration; one who is cast by the depositions of the witnesses ; and one who confesses to be in the wrong himself: these four persons are non-suited. A. Y4gfiavalkya II, 16; Manu VIII, 55-58. 33- Two out of the four ‘losers of their suit,’ who are referred 32 NARADA. who shuns the judicial investigation ; one who does not make his appearance (before the tribunal); one who makes no reply; and one who absconds after receiving the summons: these five kinds of persons are called Hina (cast in their present suit). 34. Precious stones, such as rubies, golden ornaments, such as Dindras, pearls, coral, shells, and other (jewels and precious metals) shall be returned
234. Precious stones, such as rubies, golden ornaments, such as Dindras, pearls, coral, shells, and other (jewels and precious metals) shall be returned to in the preceding paragraph, may be said to have lost their cause for once and all, viz. one who is convicted of untruth by the deposition of the witnesses, and one who confesses his wrong himself. The two others, viz. one who remains silent and one who absconds, are liable to punishment, but they do not entirely lose their suit, as their cause may be tried anew. Similarly, the five persons mentioned in par. 33, though non-suited in the case in hand, may have their cause tried anew. ‘One who alters his statements,’ i.e. one who, from forgetfulness, says something different from what he had stated before. ‘One who shuns the judicial investigation,’ i.e. one who, from repugnance against judicial investigation, throws the proceedings into confusion. ‘One who does not make his appearance before the tribunal,’ i.ec.on account of a calamity which has befallen him through the king or through fate, &c. ‘One who makes no reply,’ i.e. one who does not give in his answer at once, and asks for delay to prepare it. ‘One who absconds’ from fear of an enemy. A. This interpretation has evidently been called forth by a desire to reconcile par. 33 with the preceding paragraph, as the persons called Hfna are partly identical with those designed as Avasannas. It may be doubted, however, whether par. 32 belongs to the original work of N&rada, as the identical rule is elsewhere attributed to Brzhaspati (see Viram., p. 102), and as it is certainly difficult to reconcile the two paragraphs with one another. 34. If the owner of the articles mentioned in this rule sells them for genuine, and the purchaser, putting belief in his statements, accepts them as such, and pays for them, but finds out afterwards that they are not genuine, the seller must take them back, and must give other articles in exchange for them which are really valuable, or he must make good their value to the purchaser. A. As for the meaning of the term Dinfra, which corresponds to the Latin denarius, see the Introduction. THE PLAINT. 33 to their owner, in case they turn out to be imitations only. 35. If a man seizes perfumes, or garlands—other than those which have been given to him—or ornaments, or clothes, or shoes, which belong to the king, he deserves to be corporally punished. * 36. The price or value of a commodity, wages, a deposit, a fine, what has been abandoned (by one and found by another), what has been idly promised, and what has been won at play; none of these articles yields interest, except under a special agreement to the purpose. 37- Men of the Sddra caste, who proffer a false accusation against a member of a twice-born (Aryan) caste, shall have their tongue slit by (the officers of) the king, and he shall cause them to be put on stakes. 38. A royal edict, a (private) document, a written
337- Men of the Sddra caste, who proffer a false accusation against a member of a twice-born (Aryan) caste, shall have their tongue slit by (the officers of) the king, and he shall cause them to be put on stakes. 38. A royal edict, a (private) document, a written 35- One who, from pride, seizes (or uses) one of the above articles, shall be corporally punished, if they belong to the king. A. The reading of this paragraph is quite uncertain. 36. ‘The price of a commodity,’ the price paid for a saleable commodity which has been sold. ‘A deposit,’ a trust. ‘A fine,’ an amercement which has been inflicted by the king’s judges. ‘What has been abandoned,’ what has been seized after its dereliction (by the original owner). ‘What has been idly promised’ to bards or other worthless persons. 37. If the SQdras, by whom this crime has been committed, are punished by the king, he becomes free from blame. Otherwise, the blame falls on him, as it is his duty to reward the honest, and to punish evil-doers. A. 38. The divers forms in which a plaint is instituted in each of these several cases (excepting a single case, a transaction of sale) are stated as follows by A.: ‘1. This man has not taken notice of a certain royal edict. 2. This man has (unduly) availed himself of a certain document relating to its owner. 3. This man, by virtue of a certain written title, has appropriated a slave girl belonging to {33] D 34 NARADA. title, a grant, a pledge, a (promise reduced to) writing, _a sale, or purchase: one who brings a claim in regard to any one of these before the king is known as defendant among ‘those conversant with the rules (of legal pleading). * 39. Where the deposition of the witnesses has been objected to, it becomes necessary first of all to clear the witnesses from suspicion. When the witnesses themselves have been cleared from suspicion, he may undertake to remove the doubts which have been raised against their deposition. * 40. When a man has lost his cause through the dishonesty of witnesses or judges, the cause may be tried anew. When, however, a man has been cast through his own conduct, the trial cannot be renewed. 41. One convicted by his own confession, one myself. 4. This man raises the revenue of a certain village which has been granted to myself. The grant relates to myself only. 5. This property has first been pledged to me by the debtor. How can any one else enjoy it? 6. Why does not this man deliver this chattel to me, which has been promised to me in writing? 7. I have purchased this commodity from him, and paid for it. He does not make the commodity over to me. —Read Agfa.
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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