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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1* 132. If a wealthy debtor from malice refuses to must satisfy the owner of the pledge out of the profit derived from the use of the pledge. 128. Nearly identical with Manu VIII, 150. See Professor Buhler’s note. 129. ‘A pledge for enjoyment’ means one where the profit derived from the pledge takes the place of interest. Such a pledge must not be given or sold before the term fixed for its delivery. A. 130. Yagravalkya II, 60. 131. Where the debtor is unable to give another pledge or to restore the loan, he must he made to restore it successively, as best he can, according to his receipts. A. Manu VIII, 177; IX, 229; Yagiavalkya II, 43. 132. The king shall take 5 per cent. as a compensation for the assistance rendered by him. A. Manu VIII, 139; Yagravalkya II, 42; Vishazu VI, 21. I, 135. DEBTS; DOCUMENTS. 75 pay his debt, the king shall compel him to pay it by forcible means, and shall take five in the hundred for himself. 133. If the debtor acknowledges the debt with his own mouth, the king shall take from him ten per cent. (of the debt) as a fine; and twice as much (i. e. twenty per cent.) if he has been convicted (after denial of the debt). 134. If the debtor, owing to a calamity, has not means sufficient to discharge the whole debt, (the claim of the creditor) shall be entered in a legal document, specifying the caste (of the creditor and debtor), their names, and the names of their neighbours. 10. Documents. *135. Documents should be known to be of two sorts : (the first), in the handwriting of the party him- 133. If the debtor, when impeached by the creditor, acknowledges the debt himself, the king shall take 10 per cent. only. If, however, the debtor had undergone the trouble of proving the correctness of his demand against the creditor, the king shall take from him twice as much, i.e. 20 per cent. A. Manu VIII, 139; YAgiiavalkya II, 42; Vishnu VI, 20, 21. 134. If a debtor, who has been cast in a suit, has not means sufficient to discharge the whole debt, he shall give a written bond. A. The meaning of the obscure terms gAti, samgn, adhivasa may be gathered from a text of Brthaspati, which is quoted in Nandapandita’s Vaigayantt (MS.) III, 74. There these three terms occur in an enumeration of ten points which have to be noticed in a written deed concerning landed property. According to Nandapazdita, g4ti denotes the caste, Brahmanical or other, of the plaintiff and defendant; samgh4 denotes their names, as e.g. Devadatta ; adhiv4sa refers to the names of their neighbours. 135. A document in the handwriting of the party himself has the advantage of being valid without subscribing witnesses. The cus- 76 NARADA. I, 136. self; (the second), in that of another person, (the former being valid) without subscribing witnesses, the latter requiring to be attested. The validity of both depends on local usage.
2The cus- 76 NARADA. I, 136. self; (the second), in that of another person, (the former being valid) without subscribing witnesses, the latter requiring to be attested. The validity of both depends on local usage. *136. That document is said to be valid which is not adverse to the custom of the country, the contents of which answer to the rules regarding pledges (and other kinds of security), and which is consistent in import and language. . *137. That document is invalid which has been executed by a person intoxicated, by one charged (with a crime), by a woman, or by a child, and that which has been caused to be written by forcible means, by intimidation, or by deception. 138. A bond ceases to be valid in that case also, if the witnesses, creditor, debtor, and scribe be dead, . tom of the country, i.e. the usages prevailing in each country with regard to the validity of documents, is supreme. A. Vishwu VII, 1-5; Yagwiavalkya II, 84-88. 136. I have translated the reading vyakt4dhividhilakshazam. That writing is not adverse to the custom of the country which does not record an invalid gift, or a disposition in regard to a minor, &c. If the contents of a document are in accordance with the rules regarding pledges, sureties, &c., and if its import and language is free from obscurity and breaks, it is valid. A. Vishvu VII, 11. 137. What has been written by one intoxicated, or charged with the murder of a Brahman or other heavy crime, or by a woman or child; what has been caused to be written by forcible means, the writer not being concerned in the subject matter; and what has been written by one intimidated, or under a delusion; all such documents are invalid. A. Vishnu VII, 6-10; Yagiiavalkya II, 89. 138. The invalidity of those documents, where the creditor, debtor, witnesses, and writer are all dead, is declared for that reason, because such documents may be suspected of forgery. Even after the actual death of all those persons, however, a document retains its validity, where a pledge is in existence and in the possession of the creditor. A. I, 142. DEBTS; DOCUMENTS. 77 unless its validity can be established by the existence of a pledge. *139. Pledges are declared to be of two kinds, movable and immovable pledges; both are valid when there is (actual) enjoyment, and not otherwise. *140. If a document has been produced in due time, if (the demand recorded in it) has been (repeatedly) urged,and (publicly) proclaimed, it remains valid for ever, even after the death of the witnesses. 141. A document which is unknown and has never been heard of before does not obtain validity when it is brought forward, even though the witnesses be living. *142. When a document has been transferred 139. A pledge which is only mentioned in a document, without being actually enjoyed, has no legal validity. A.
3*142. When a document has been transferred 139. A pledge which is only mentioned in a document, without being actually enjoyed, has no legal validity. A. 140. A document or bond which the descendants of the creditor have repeatedly shown to the descendants of the debtor whenever interest was due (prarthitazz), or which they have again and again read out, retains its validity for the respective descendants of the creditor and debtor, even after the death of the witnesses and all other persons concerned. A. I have translated the term prarthitam as an independant clause. 141, A document or bond, the contents of which are unknown to the descendants of the debtor, about which they have never heard from their ancestors, and which has been suddenly presented to them only in a business transaction, is not considered valid, even though the witnesses be living. A. 142. This rule is equally applicable to a plaintiff and to a defendant in a lawsuit. 1. If a creditor suing a debtor is unable to produce the bond on demand, the judge shall give him time to search for it. If the bond has been destroyed by fire or by some other accident, the fact of its former existence may be established by the testimony of honest persons, who have acted as scribe or as subscribing witnesses, or who happened to be present while the bond was being executed. The statements of such persons are equally decisive where the marks or part of the writing in a document has been obliterated. 2. A debtor having been asked in 78 NARADA. I, 143° into another country, or burnt, or badly written, or stolen, a delay must be granted, in case it should exist still; if it be no longer in existence, the evidence of those who have seen it decides the matter. 143. If a doubt should subsist, as to whether a certain document be authentic or fabricated, its authenticity has to be established by examining the handwriting (of the party), the tenour of the document, peculiar marks, circumstantial evidence, and the probabilities of the case. . *144. If a document is signed by a stranger and court to discharge a certain debt, on the strength of a bond signed by himself, says: ‘It is true. I had written that document. However, the money was not handed over to me, and I omitted to cause the document to be torn, because it did not happen to be at hand. A few days later the father of my would-be creditor informed me that he had lost the bond and could not find it anywhere; that, however, he was going to give me a written deed recording its loss. So he actually did, and I have deposited that written deed in a certain box while living in that house.’ If the debtor pleads an excuse of this sort, he must be allowed some delay to search for the document in question. If it is no longer in existence, the statements of those who saw it shall decide the matter. A.
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.
1* 132. If a wealthy debtor from malice refuses to must satisfy the owner of the pledge out of the profit derived from the use of the pledge. 128. Nearly identical with Manu VIII, 150. See Professor Buhler’s note. 129. ‘A pledge for enjoyment’ means one where the profit derived from the pledge takes the place of interest. Such a pledge must not be given or sold before the term fixed for its delivery. A. 130. Yagravalkya II, 60. 131. Where the debtor is unable to give another pledge or to restore the loan, he must he made to restore it successively, as best he can, according to his receipts. A. Manu VIII, 177; IX, 229; Yagiavalkya II, 43. 132. The king shall take 5 per cent. as a compensation for the assistance rendered by him. A. Manu VIII, 139; Yagravalkya II, 42; Vishazu VI, 21. I, 135. DEBTS; DOCUMENTS. 75 pay his debt, the king shall compel him to pay it by forcible means, and shall take five in the hundred for himself. 133. If the debtor acknowledges the debt with his own mouth, the king shall take from him ten per cent. (of the debt) as a fine; and twice as much (i. e. twenty per cent.) if he has been convicted (after denial of the debt). 134. If the debtor, owing to a calamity, has not means sufficient to discharge the whole debt, (the claim of the creditor) shall be entered in a legal document, specifying the caste (of the creditor and debtor), their names, and the names of their neighbours. 10. Documents. *135. Documents should be known to be of two sorts : (the first), in the handwriting of the party him- 133. If the debtor, when impeached by the creditor, acknowledges the debt himself, the king shall take 10 per cent. only. If, however, the debtor had undergone the trouble of proving the correctness of his demand against the creditor, the king shall take from him twice as much, i.e. 20 per cent. A. Manu VIII, 139; YAgiiavalkya II, 42; Vishnu VI, 20, 21. 134. If a debtor, who has been cast in a suit, has not means sufficient to discharge the whole debt, he shall give a written bond. A. The meaning of the obscure terms gAti, samgn, adhivasa may be gathered from a text of Brthaspati, which is quoted in Nandapandita’s Vaigayantt (MS.) III, 74. There these three terms occur in an enumeration of ten points which have to be noticed in a written deed concerning landed property. According to Nandapazdita, g4ti denotes the caste, Brahmanical or other, of the plaintiff and defendant; samgh4 denotes their names, as e.g. Devadatta ; adhiv4sa refers to the names of their neighbours. 135. A document in the handwriting of the party himself has the advantage of being valid without subscribing witnesses. The cus- 76 NARADA. I, 136. self; (the second), in that of another person, (the former being valid) without subscribing witnesses, the latter requiring to be attested. The validity of both depends on local usage.
2The cus- 76 NARADA. I, 136. self; (the second), in that of another person, (the former being valid) without subscribing witnesses, the latter requiring to be attested. The validity of both depends on local usage. *136. That document is said to be valid which is not adverse to the custom of the country, the contents of which answer to the rules regarding pledges (and other kinds of security), and which is consistent in import and language. . *137. That document is invalid which has been executed by a person intoxicated, by one charged (with a crime), by a woman, or by a child, and that which has been caused to be written by forcible means, by intimidation, or by deception. 138. A bond ceases to be valid in that case also, if the witnesses, creditor, debtor, and scribe be dead, . tom of the country, i.e. the usages prevailing in each country with regard to the validity of documents, is supreme. A. Vishwu VII, 1-5; Yagwiavalkya II, 84-88. 136. I have translated the reading vyakt4dhividhilakshazam. That writing is not adverse to the custom of the country which does not record an invalid gift, or a disposition in regard to a minor, &c. If the contents of a document are in accordance with the rules regarding pledges, sureties, &c., and if its import and language is free from obscurity and breaks, it is valid. A. Vishvu VII, 11. 137. What has been written by one intoxicated, or charged with the murder of a Brahman or other heavy crime, or by a woman or child; what has been caused to be written by forcible means, the writer not being concerned in the subject matter; and what has been written by one intimidated, or under a delusion; all such documents are invalid. A. Vishnu VII, 6-10; Yagiiavalkya II, 89. 138. The invalidity of those documents, where the creditor, debtor, witnesses, and writer are all dead, is declared for that reason, because such documents may be suspected of forgery. Even after the actual death of all those persons, however, a document retains its validity, where a pledge is in existence and in the possession of the creditor. A. I, 142. DEBTS; DOCUMENTS. 77 unless its validity can be established by the existence of a pledge. *139. Pledges are declared to be of two kinds, movable and immovable pledges; both are valid when there is (actual) enjoyment, and not otherwise. *140. If a document has been produced in due time, if (the demand recorded in it) has been (repeatedly) urged,and (publicly) proclaimed, it remains valid for ever, even after the death of the witnesses. 141. A document which is unknown and has never been heard of before does not obtain validity when it is brought forward, even though the witnesses be living. *142. When a document has been transferred 139. A pledge which is only mentioned in a document, without being actually enjoyed, has no legal validity. A.
3*142. When a document has been transferred 139. A pledge which is only mentioned in a document, without being actually enjoyed, has no legal validity. A. 140. A document or bond which the descendants of the creditor have repeatedly shown to the descendants of the debtor whenever interest was due (prarthitazz), or which they have again and again read out, retains its validity for the respective descendants of the creditor and debtor, even after the death of the witnesses and all other persons concerned. A. I have translated the term prarthitam as an independant clause. 141, A document or bond, the contents of which are unknown to the descendants of the debtor, about which they have never heard from their ancestors, and which has been suddenly presented to them only in a business transaction, is not considered valid, even though the witnesses be living. A. 142. This rule is equally applicable to a plaintiff and to a defendant in a lawsuit. 1. If a creditor suing a debtor is unable to produce the bond on demand, the judge shall give him time to search for it. If the bond has been destroyed by fire or by some other accident, the fact of its former existence may be established by the testimony of honest persons, who have acted as scribe or as subscribing witnesses, or who happened to be present while the bond was being executed. The statements of such persons are equally decisive where the marks or part of the writing in a document has been obliterated. 2. A debtor having been asked in 78 NARADA. I, 143° into another country, or burnt, or badly written, or stolen, a delay must be granted, in case it should exist still; if it be no longer in existence, the evidence of those who have seen it decides the matter. 143. If a doubt should subsist, as to whether a certain document be authentic or fabricated, its authenticity has to be established by examining the handwriting (of the party), the tenour of the document, peculiar marks, circumstantial evidence, and the probabilities of the case. . *144. If a document is signed by a stranger and court to discharge a certain debt, on the strength of a bond signed by himself, says: ‘It is true. I had written that document. However, the money was not handed over to me, and I omitted to cause the document to be torn, because it did not happen to be at hand. A few days later the father of my would-be creditor informed me that he had lost the bond and could not find it anywhere; that, however, he was going to give me a written deed recording its loss. So he actually did, and I have deposited that written deed in a certain box while living in that house.’ If the debtor pleads an excuse of this sort, he must be allowed some delay to search for the document in question. If it is no longer in existence, the statements of those who saw it shall decide the matter. A.
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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