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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1If it is no longer in existence, the statements of those who saw it shall decide the matter. A. 143. ‘The handwriting,’ another specimen of the handwriting of the party. ‘The tenour of the document,’ the names of the subscribing witnesses. ‘ Peculiar marks,’ flourishes in the handwriting of the scribe. ‘Circumstantial evidence,’ ‘these two facts go together,’ or ‘they do not go together.’ ‘The probabilities of the case,’ ‘how has he got hold of this document?’ or ‘is he nervous or is his manner of speaking composed and quiet?’ By such expedients as these shall doubts regarding the genuineness of a document be removed. A. Vishau VII, 12; Yagmavalkya II, 92. 144. Ifa document has passed by purchase or acceptance from the original owner, who signed it, into the possession of a stranger, who claims the loan recorded in it from the debtor, the judge must examine the document. Kaly4zabhasfa has composed three verses in explanation of the technical terms 4gama, sambandha, and hetu. Sambandha, ‘connexion,’ according to him, may be founded on descent, caste, marriage, friendship, and social intercourse. I, 147. DEBTS ; DOCUMENTS. 79 meant for a different purpose, it has to be examined, in case its genuineness should be suspected, by inquiring into the connexion (previously existing between the two parties) and into the (probability of) title, and by resorting to reasonable inference. 145. An (obligation which has been stated in) writing can only be annulled by (another) writing, and an attested bond by witnesses. A writing is superior to witnesses; witnesses are not superior to a writing. *146. If a document is split, or torn, or stolen, or effaced, or lost, or badly written, another document has to be executed. This is the rule regarding documents. 11. Witnesses. *147. In doubtful cases, when two parties are quarrelling with one another, the truth has to be Agama, ‘a title,’ may be founded on inheritance, purchase, mortgaging, seizure, friendship, and acquisition. Hetu, ‘reasonable inference,’ may be founded on reasoning and an efficient cause. A. For other explanations of the terms 4gama and hetu in an analogous passage of Yagiavalkya (II, 92), see the Mitakshar4. The Mayfikha agrees with Kalyfzabhaéfa. 145. If the debtor states that he has paid the debt, he must be able to produce an acquittance in the creditor’s handwriting. In the same way, if the creditor pleads that the bond has been stolen, or lost, or burnt, &c., he must produce a certificate from the debtor stating its loss. Where, however, the bond was attested by subscribing witnesses, the debt has to be discharged in the presence of the same witnesses. A. 146. Where a document has met with any one out of the divers accidents mentioned in this paragraph, the party by whom it was executed may be compelled to give another document instead of it. YAgfiavalkya II, 91. Here ends the chapter on documents, the eighth section of the law of debt. A.
2A. 146. Where a document has met with any one out of the divers accidents mentioned in this paragraph, the party by whom it was executed may be compelled to give another document instead of it. YAgfiavalkya II, 91. Here ends the chapter on documents, the eighth section of the law of debt. A. 147. When the plaintiff and defendant in a lawsuit quarrel 80 NARADA. ‘ I, 148. gathered from (the deposition of) witnesses, whose knowledge is based on what has been seen, heard, or understood by them. 148. He should be considered as a_ witness who has witnessed a deed with his own ears or eyes; with his ears, if he has heard another man speaking; with his eyes, if he has seen something himself. ; *149. Eleven descriptions of witnesses are distinguished in law by the learned. Five of them are termed appointed, and the other six not appointed. *150, A subscribing witness, one who has been reminded, a casual witness, a secret witness, and an indirect witness, these are the five sorts of appointed witnesses. about a doubtful affair of any sort, the truth has to be ascertained by examining the statements of the witnesses, who have seen, or heard, or been present at, the transaction, A. 148. Manu VIII, 74; Vishzu VIII, 13. 149. Definitions of the eleven witnesses are given in the following - paragraphs. A. 150. ‘A subscribing witness,’ i.e. one by whom a document is attested. ‘A secret witness,’ one who concealed in a house or room listens to the discourse of the parties. A. Katyayana defines the technical terms in this paragraph as follows: ‘One adduced by the claimant himself, whose name is inserted in the deed, is a subscribing witness, A reminded witness is not entered inadeed. He is called a reminded witness who in order to insure the publicity of a transaction is reminded of it again and again by the claimant. One purposely brought near, and one who happened to be on the spot accidentally, are two witnesses not entered in a deed, by whom a claim may be corroborated. One who standing concealed is caused, for the purpose of establishing the claim, to hear distinctly the statements of the defendant, is termed a secret witness. One who subsequently corroborates the statements of other witnesses, whether from his own knowledge, or from hearsay, is called an indirect witness.’ I, 155. WITNESSES. 81 *151. The witnesses not appointed by (the party) himself have been declared sixfold : viz. the village, a judge, a king, *152. One acquainted with the affairs of the two parties, and one deputed by the claimant. In family quarrels, members of that family shall be witnesses. 153. They shall be of honourable family, straightforward, and unexceptionable as to their descent, their actions, and their fortune. The witnesses shall not be less than three in number, unimpeachable, honest, and pure-minded.
3In family quarrels, members of that family shall be witnesses. 153. They shall be of honourable family, straightforward, and unexceptionable as to their descent, their actions, and their fortune. The witnesses shall not be less than three in number, unimpeachable, honest, and pure-minded. 154. They shall be Brahmans, Vaisyas, or Kshatriyas, or irreproachable Sfdras. Each of these shall be (witness) for persons of his own order, or all of them may be (witnesses) for all (orders). *155. Among companies (of artizans, or guilds of 151, 152. The village or the co-villagers shall be witnesses in a transaction which has taken place within the village. The testimony of the judge shall be heard in regard to a cause tried in a court of justice. The king shall be witness concerning a transaction which has taken place in his presence. These, and one acquainted with © the circumstances of both parties, the agent of the claimant, and members of a family in a lawsuit concerning that family, are the six kinds of witnesses not appointed. A. 153. ‘Of honourable family,’ belonging to a noble race. ‘ Straightforward,’ habitually veracious. ‘Less than three,’ viz. one or two persons may be witnesses if both parties consent to it. In a dispute regarding landed property, more than three witnesses are required. ‘Honest,’ free from avaricé. ‘ Pureminded,’ imbued with the precepts of religion. A. Manu VIII, 62,63; Vishau VIII, 8; Apastamba II, 11, 29, 7; Gautama XIII, 2; YAgnavalkya II, 68, 69; Vasish/ha XVI, 28. 154. Members of these four castes shall be witnesses for members of their own caste only. Or let members of any caste be witnesses for members of any other caste. A. Manu VIII, 62; Gautama XIII, 3; YAghavalkya II, 69; Vasish‘ha XVI, 29; Baudh4yana I, 19, 13. 155- Companies or guilds are of eighteen kinds. Labourers (33] G 82 NARADA. I, 156. merchants, other) artizans or merchants shall be witnesses ; and members of an association among other members of the same association; persons living outside among those living outside; and women among women. *156. And if in a company (of artizans or guild of merchants) or in any other association any one falls out (with his associates), they must not bear witness against him; for they all are his enemies. 12. Incompetent Witnesses. *157. The incompetent witnesses, too, have in this law-book been declared by the learned to be of five sorts: under a text of law, and on account of depravity, of contradiction, of uncalled-for deposition, and of intervening decease. *158, Learned Brahmans, devotees, aged persons, and ascetics, are those incapacitated under a text of law; there is no (special) reason given for it. *159. Thieves, robbers, dangerous characters,
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.
1If it is no longer in existence, the statements of those who saw it shall decide the matter. A. 143. ‘The handwriting,’ another specimen of the handwriting of the party. ‘The tenour of the document,’ the names of the subscribing witnesses. ‘ Peculiar marks,’ flourishes in the handwriting of the scribe. ‘Circumstantial evidence,’ ‘these two facts go together,’ or ‘they do not go together.’ ‘The probabilities of the case,’ ‘how has he got hold of this document?’ or ‘is he nervous or is his manner of speaking composed and quiet?’ By such expedients as these shall doubts regarding the genuineness of a document be removed. A. Vishau VII, 12; Yagmavalkya II, 92. 144. Ifa document has passed by purchase or acceptance from the original owner, who signed it, into the possession of a stranger, who claims the loan recorded in it from the debtor, the judge must examine the document. Kaly4zabhasfa has composed three verses in explanation of the technical terms 4gama, sambandha, and hetu. Sambandha, ‘connexion,’ according to him, may be founded on descent, caste, marriage, friendship, and social intercourse. I, 147. DEBTS ; DOCUMENTS. 79 meant for a different purpose, it has to be examined, in case its genuineness should be suspected, by inquiring into the connexion (previously existing between the two parties) and into the (probability of) title, and by resorting to reasonable inference. 145. An (obligation which has been stated in) writing can only be annulled by (another) writing, and an attested bond by witnesses. A writing is superior to witnesses; witnesses are not superior to a writing. *146. If a document is split, or torn, or stolen, or effaced, or lost, or badly written, another document has to be executed. This is the rule regarding documents. 11. Witnesses. *147. In doubtful cases, when two parties are quarrelling with one another, the truth has to be Agama, ‘a title,’ may be founded on inheritance, purchase, mortgaging, seizure, friendship, and acquisition. Hetu, ‘reasonable inference,’ may be founded on reasoning and an efficient cause. A. For other explanations of the terms 4gama and hetu in an analogous passage of Yagiavalkya (II, 92), see the Mitakshar4. The Mayfikha agrees with Kalyfzabhaéfa. 145. If the debtor states that he has paid the debt, he must be able to produce an acquittance in the creditor’s handwriting. In the same way, if the creditor pleads that the bond has been stolen, or lost, or burnt, &c., he must produce a certificate from the debtor stating its loss. Where, however, the bond was attested by subscribing witnesses, the debt has to be discharged in the presence of the same witnesses. A. 146. Where a document has met with any one out of the divers accidents mentioned in this paragraph, the party by whom it was executed may be compelled to give another document instead of it. YAgfiavalkya II, 91. Here ends the chapter on documents, the eighth section of the law of debt. A.
2A. 146. Where a document has met with any one out of the divers accidents mentioned in this paragraph, the party by whom it was executed may be compelled to give another document instead of it. YAgfiavalkya II, 91. Here ends the chapter on documents, the eighth section of the law of debt. A. 147. When the plaintiff and defendant in a lawsuit quarrel 80 NARADA. ‘ I, 148. gathered from (the deposition of) witnesses, whose knowledge is based on what has been seen, heard, or understood by them. 148. He should be considered as a_ witness who has witnessed a deed with his own ears or eyes; with his ears, if he has heard another man speaking; with his eyes, if he has seen something himself. ; *149. Eleven descriptions of witnesses are distinguished in law by the learned. Five of them are termed appointed, and the other six not appointed. *150, A subscribing witness, one who has been reminded, a casual witness, a secret witness, and an indirect witness, these are the five sorts of appointed witnesses. about a doubtful affair of any sort, the truth has to be ascertained by examining the statements of the witnesses, who have seen, or heard, or been present at, the transaction, A. 148. Manu VIII, 74; Vishzu VIII, 13. 149. Definitions of the eleven witnesses are given in the following - paragraphs. A. 150. ‘A subscribing witness,’ i.e. one by whom a document is attested. ‘A secret witness,’ one who concealed in a house or room listens to the discourse of the parties. A. Katyayana defines the technical terms in this paragraph as follows: ‘One adduced by the claimant himself, whose name is inserted in the deed, is a subscribing witness, A reminded witness is not entered inadeed. He is called a reminded witness who in order to insure the publicity of a transaction is reminded of it again and again by the claimant. One purposely brought near, and one who happened to be on the spot accidentally, are two witnesses not entered in a deed, by whom a claim may be corroborated. One who standing concealed is caused, for the purpose of establishing the claim, to hear distinctly the statements of the defendant, is termed a secret witness. One who subsequently corroborates the statements of other witnesses, whether from his own knowledge, or from hearsay, is called an indirect witness.’ I, 155. WITNESSES. 81 *151. The witnesses not appointed by (the party) himself have been declared sixfold : viz. the village, a judge, a king, *152. One acquainted with the affairs of the two parties, and one deputed by the claimant. In family quarrels, members of that family shall be witnesses. 153. They shall be of honourable family, straightforward, and unexceptionable as to their descent, their actions, and their fortune. The witnesses shall not be less than three in number, unimpeachable, honest, and pure-minded.
3In family quarrels, members of that family shall be witnesses. 153. They shall be of honourable family, straightforward, and unexceptionable as to their descent, their actions, and their fortune. The witnesses shall not be less than three in number, unimpeachable, honest, and pure-minded. 154. They shall be Brahmans, Vaisyas, or Kshatriyas, or irreproachable Sfdras. Each of these shall be (witness) for persons of his own order, or all of them may be (witnesses) for all (orders). *155. Among companies (of artizans, or guilds of 151, 152. The village or the co-villagers shall be witnesses in a transaction which has taken place within the village. The testimony of the judge shall be heard in regard to a cause tried in a court of justice. The king shall be witness concerning a transaction which has taken place in his presence. These, and one acquainted with © the circumstances of both parties, the agent of the claimant, and members of a family in a lawsuit concerning that family, are the six kinds of witnesses not appointed. A. 153. ‘Of honourable family,’ belonging to a noble race. ‘ Straightforward,’ habitually veracious. ‘Less than three,’ viz. one or two persons may be witnesses if both parties consent to it. In a dispute regarding landed property, more than three witnesses are required. ‘Honest,’ free from avaricé. ‘ Pureminded,’ imbued with the precepts of religion. A. Manu VIII, 62,63; Vishau VIII, 8; Apastamba II, 11, 29, 7; Gautama XIII, 2; YAgnavalkya II, 68, 69; Vasish/ha XVI, 28. 154. Members of these four castes shall be witnesses for members of their own caste only. Or let members of any caste be witnesses for members of any other caste. A. Manu VIII, 62; Gautama XIII, 3; YAghavalkya II, 69; Vasish‘ha XVI, 29; Baudh4yana I, 19, 13. 155- Companies or guilds are of eighteen kinds. Labourers (33] G 82 NARADA. I, 156. merchants, other) artizans or merchants shall be witnesses ; and members of an association among other members of the same association; persons living outside among those living outside; and women among women. *156. And if in a company (of artizans or guild of merchants) or in any other association any one falls out (with his associates), they must not bear witness against him; for they all are his enemies. 12. Incompetent Witnesses. *157. The incompetent witnesses, too, have in this law-book been declared by the learned to be of five sorts: under a text of law, and on account of depravity, of contradiction, of uncalled-for deposition, and of intervening decease. *158, Learned Brahmans, devotees, aged persons, and ascetics, are those incapacitated under a text of law; there is no (special) reason given for it. *159. Thieves, robbers, dangerous characters,
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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