Fetching
One moment.
Fetching
One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1The owner may claim it at any time. When, however, the possessor dies, unmolested by the owner, the property continues to be enjoyed by his heirs. Therefore, the owner should not fail to assert his own right. A. 89. The Mitékshara explains the term ‘what falls within the memory of man’ as denoting a period of roo years, in accordance with a text from the Veda, ‘ The life of men extends over a hundred years.’ If this explanation be correct, the present rule agrees in substance with the rule laid down in 89 b and g1, a period of a hundred years being about equal in duration to three lives. It is I, 92. DEBTS ; POSSESSION. 63 possession with a title creates ownership. In cases extending beyond the memory of man, and on failure of documents, the hereditary succession of three ancestors (has the same effect). * go. If the occupant is impeached (by the legitimate owner), he cannot escape defeat (without refuting the charge). That possession only can create proprietary right, which has been legitimately inherited from the father. *o1. When possession has been successively held, even unlawfully, by the three ancestors of the father (of the present possessor), the property cannot be taken away from him, because it has gone through three lives in order. * 92. What has been deposited with a third person to be delivered ultimately to the owner (Anvahita), stolen goods, ordinary deposits, what is held by force, loans for use, and what is being enjoyed during the absence of the owner, these are six (things possessed) without a title. true that another legislator, Vy4sa, mentions sixty years as the duration of continued possession extending over three generations. go. If the owner claims his own property from the possessor, the former has to make good his claim. That enjoyment, however, which has passed from the father to the sons by right of inheritance, constitutes a legal title for them. A. Y4gfavalkya II, 28. 1. If the great-great-grandfather has held possession, be it even without a title, of a certain thing, and if it has been enjoyed, after his death, by the great-grandfather and by the grandfather, it cannot be claimed from the father by any one. Vishnu V, 187. -g2. The term Anvéhita is usually explained, like AnvAdhi, as denoting what has been deposited with a third person to be delivered ultimately to the owner, A., however, explains Anvdhita as denoting a valuable object received from another in exchange for a worthless article, 64 NARADA. I, 93. * 93. Ifa litigant dies before a lawsuit (regarding property enjoyed by him) has been decided, the son is required to prove his title. The enjoyment is not legitimate (otherwise). *o4. After the death of a creditor, witnesses, though available, cannot give valid evidence, except if a statement made by the creditor himself on his deathbed (has been preserved).
2The enjoyment is not legitimate (otherwise). *o4. After the death of a creditor, witnesses, though available, cannot give valid evidence, except if a statement made by the creditor himself on his deathbed (has been preserved). 95. After the death of the defendant, the deposition of witnesses ceases to make evidence. An attested document retains its validity during his lifetime only. * 96. Where a pious act is announced by a diseased 93. Supposing a’man were to have obtained possession of the property of a stranger by one of the previously mentioned illegitimate modes of acquisition, if the rightful owner were to impeach him for it, and if the possessor were to die before the case has been decided, in that case the son would have to substantiate his claim, and would not be allowed to continue his enjoyment of the property without doing so. A. Y4yiiavalkya II, 29. 94. A man says after the death of his creditor, ‘I have restored this or that cow, female buffalo, bull, or field to my creditor; certain honest men have witnessed the transaction.’ Another man says, ‘Your father owes me one hundred drachmas ; certain persons have witnessed the transaction.’ He dies, however, before his claim has been examined. In either of these two cases trustworthy witnesses even are of no avail. If, however, the creditor has stated his claim before witnesses on his deathbed; or if a man has given evidence as witness on his deathbed regarding a certain loan, about which the creditor has asked him; the testimony of the witnesses has to be considered as valid even after his death. A. 95. ‘The defendant,’ i.e. the debtor. An attested document is valid while he lives only. It loses its validity after his death. A. 96. When a diseased father has stated his intentions regarding a religious endowment or other matters of this kind during the absence of his sons, but in the presence of witnesses, the deposition of the latter will be valid even after his death. Similarly, when a man T, 98. DEBTS; INTEREST. 65 man, the testimony of the witnesses retains its validity even after his death. The case is the same with the six (things possessed without a title), viz. an Anvéhita deposit and the rest. 97. In all transactions relative to a debt or to any other (among the eighteen titles of law), the last act is the decisive one. In the case of a gift, a pledge, or a purchase, the prior act settles the matter. 6. Lending Money at Interest. * 98. A contract of delivery and receipt may be made with a view to the profit arising from Sth4na. It is called Kusida (lending money at interest), and money-lenders make a living by it.
36. Lending Money at Interest. * 98. A contract of delivery and receipt may be made with a view to the profit arising from Sth4na. It is called Kusida (lending money at interest), and money-lenders make a living by it. during an attack of illness, repents of his former act, and declares before witnesses that he has deposited with a friend a worthless object in exchange for a valuable one, and wishes to restore the former ; or that he has stolen something and wishes to restore it to the owner; or that he wishes to restore a deposit, which had been delivered to him by the owner; or that he intends to make restoration of what he had obtained by forcible means; or of a loan for use; or of what he had been enjoying in secret: in any one out of these six cases the deposition of the witnesses is valid even after his death. A. See par. g2 and note. 97. In all the eighteen titles of law, beginning with the law of debt, the latest act is considered decisive. The law is different in cases of acceptance, where e.g. a village belongs to him who has been the first to receive it; in the case of a pledge or mortgage, and in the case of a purchase, where the pledge or mortgage, and the article sold belong likewise to the first taker. A. Nearly identical with Yagfavalkya II, 23. 98. According to’A., Sth4na, ‘continued abode,’ may be threefold: relating to the matter, as when profit arises from (the continuance of) victuals remaining well kept in a certain place; or relating to one’s own abode, as when a dealer derives profit from business transactions in his own country; or relating to a different place, as when a dealer earns money through foreign trade. [33] F 66 NARADA. I, 99- * 99. Let a money-lender take, in addition to the principal, the interest fixed by Vasish¢fa, viz. an eightieth part of a hundred in every month. *t00. Two, three, four, or five (in the hundred) is the legitimate (rate of interest). Let him take as much in the shape of interest, every month, in the direct order of the (four) castes. *rtor1. Or let him take two in the hundred, remembering the practice of the virtuous. By taking two in the hundred, he does not commit the crime of covetousness. * 102. Interest is declared fourfold in this lawbook : periodical interest ; stipulated interest; kayika interest ; and compound interest. * 103. That which runs by the month is termed 99. Identical with Manu VIII, 140. This rule, which fixes the rate of interest at 12 per cent. by the month, or 15 per cent. per annum, is actually found in the Dharmasfitra of VasishéAa II, 51. 100. Identical with Manu VIII, 142. The meaning is that he shall take 2 per cent. from a Brahman, 3 per cent. from a Kshatriya, 4 per cent. from a Vaisya, and 5 per cent. from a Sidra. A. It appears, from the commentaries on the code of Manu, that the present rule is applicable in those cases where no security has been given, whereas the preceding paragraph refers to loans secured by a pledge.
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.
1The owner may claim it at any time. When, however, the possessor dies, unmolested by the owner, the property continues to be enjoyed by his heirs. Therefore, the owner should not fail to assert his own right. A. 89. The Mitékshara explains the term ‘what falls within the memory of man’ as denoting a period of roo years, in accordance with a text from the Veda, ‘ The life of men extends over a hundred years.’ If this explanation be correct, the present rule agrees in substance with the rule laid down in 89 b and g1, a period of a hundred years being about equal in duration to three lives. It is I, 92. DEBTS ; POSSESSION. 63 possession with a title creates ownership. In cases extending beyond the memory of man, and on failure of documents, the hereditary succession of three ancestors (has the same effect). * go. If the occupant is impeached (by the legitimate owner), he cannot escape defeat (without refuting the charge). That possession only can create proprietary right, which has been legitimately inherited from the father. *o1. When possession has been successively held, even unlawfully, by the three ancestors of the father (of the present possessor), the property cannot be taken away from him, because it has gone through three lives in order. * 92. What has been deposited with a third person to be delivered ultimately to the owner (Anvahita), stolen goods, ordinary deposits, what is held by force, loans for use, and what is being enjoyed during the absence of the owner, these are six (things possessed) without a title. true that another legislator, Vy4sa, mentions sixty years as the duration of continued possession extending over three generations. go. If the owner claims his own property from the possessor, the former has to make good his claim. That enjoyment, however, which has passed from the father to the sons by right of inheritance, constitutes a legal title for them. A. Y4gfavalkya II, 28. 1. If the great-great-grandfather has held possession, be it even without a title, of a certain thing, and if it has been enjoyed, after his death, by the great-grandfather and by the grandfather, it cannot be claimed from the father by any one. Vishnu V, 187. -g2. The term Anvéhita is usually explained, like AnvAdhi, as denoting what has been deposited with a third person to be delivered ultimately to the owner, A., however, explains Anvdhita as denoting a valuable object received from another in exchange for a worthless article, 64 NARADA. I, 93. * 93. Ifa litigant dies before a lawsuit (regarding property enjoyed by him) has been decided, the son is required to prove his title. The enjoyment is not legitimate (otherwise). *o4. After the death of a creditor, witnesses, though available, cannot give valid evidence, except if a statement made by the creditor himself on his deathbed (has been preserved).
2The enjoyment is not legitimate (otherwise). *o4. After the death of a creditor, witnesses, though available, cannot give valid evidence, except if a statement made by the creditor himself on his deathbed (has been preserved). 95. After the death of the defendant, the deposition of witnesses ceases to make evidence. An attested document retains its validity during his lifetime only. * 96. Where a pious act is announced by a diseased 93. Supposing a’man were to have obtained possession of the property of a stranger by one of the previously mentioned illegitimate modes of acquisition, if the rightful owner were to impeach him for it, and if the possessor were to die before the case has been decided, in that case the son would have to substantiate his claim, and would not be allowed to continue his enjoyment of the property without doing so. A. Y4yiiavalkya II, 29. 94. A man says after the death of his creditor, ‘I have restored this or that cow, female buffalo, bull, or field to my creditor; certain honest men have witnessed the transaction.’ Another man says, ‘Your father owes me one hundred drachmas ; certain persons have witnessed the transaction.’ He dies, however, before his claim has been examined. In either of these two cases trustworthy witnesses even are of no avail. If, however, the creditor has stated his claim before witnesses on his deathbed; or if a man has given evidence as witness on his deathbed regarding a certain loan, about which the creditor has asked him; the testimony of the witnesses has to be considered as valid even after his death. A. 95. ‘The defendant,’ i.e. the debtor. An attested document is valid while he lives only. It loses its validity after his death. A. 96. When a diseased father has stated his intentions regarding a religious endowment or other matters of this kind during the absence of his sons, but in the presence of witnesses, the deposition of the latter will be valid even after his death. Similarly, when a man T, 98. DEBTS; INTEREST. 65 man, the testimony of the witnesses retains its validity even after his death. The case is the same with the six (things possessed without a title), viz. an Anvéhita deposit and the rest. 97. In all transactions relative to a debt or to any other (among the eighteen titles of law), the last act is the decisive one. In the case of a gift, a pledge, or a purchase, the prior act settles the matter. 6. Lending Money at Interest. * 98. A contract of delivery and receipt may be made with a view to the profit arising from Sth4na. It is called Kusida (lending money at interest), and money-lenders make a living by it.
36. Lending Money at Interest. * 98. A contract of delivery and receipt may be made with a view to the profit arising from Sth4na. It is called Kusida (lending money at interest), and money-lenders make a living by it. during an attack of illness, repents of his former act, and declares before witnesses that he has deposited with a friend a worthless object in exchange for a valuable one, and wishes to restore the former ; or that he has stolen something and wishes to restore it to the owner; or that he wishes to restore a deposit, which had been delivered to him by the owner; or that he intends to make restoration of what he had obtained by forcible means; or of a loan for use; or of what he had been enjoying in secret: in any one out of these six cases the deposition of the witnesses is valid even after his death. A. See par. g2 and note. 97. In all the eighteen titles of law, beginning with the law of debt, the latest act is considered decisive. The law is different in cases of acceptance, where e.g. a village belongs to him who has been the first to receive it; in the case of a pledge or mortgage, and in the case of a purchase, where the pledge or mortgage, and the article sold belong likewise to the first taker. A. Nearly identical with Yagfavalkya II, 23. 98. According to’A., Sth4na, ‘continued abode,’ may be threefold: relating to the matter, as when profit arises from (the continuance of) victuals remaining well kept in a certain place; or relating to one’s own abode, as when a dealer derives profit from business transactions in his own country; or relating to a different place, as when a dealer earns money through foreign trade. [33] F 66 NARADA. I, 99- * 99. Let a money-lender take, in addition to the principal, the interest fixed by Vasish¢fa, viz. an eightieth part of a hundred in every month. *t00. Two, three, four, or five (in the hundred) is the legitimate (rate of interest). Let him take as much in the shape of interest, every month, in the direct order of the (four) castes. *rtor1. Or let him take two in the hundred, remembering the practice of the virtuous. By taking two in the hundred, he does not commit the crime of covetousness. * 102. Interest is declared fourfold in this lawbook : periodical interest ; stipulated interest; kayika interest ; and compound interest. * 103. That which runs by the month is termed 99. Identical with Manu VIII, 140. This rule, which fixes the rate of interest at 12 per cent. by the month, or 15 per cent. per annum, is actually found in the Dharmasfitra of VasishéAa II, 51. 100. Identical with Manu VIII, 142. The meaning is that he shall take 2 per cent. from a Brahman, 3 per cent. from a Kshatriya, 4 per cent. from a Vaisya, and 5 per cent. from a Sidra. A. It appears, from the commentaries on the code of Manu, that the present rule is applicable in those cases where no security has been given, whereas the preceding paragraph refers to loans secured by a pledge.
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.