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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1*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, for hire shall be witnesses for other members of the same association. Outcasts shall be witnesses for other low-caste persons. Women shall be witnesses where two women quarrel with one another. In all these cases, the qualities of the witnesses need not be tested. A. Manu VIII, 68; Vasish/ha XVI, 30. 156. If in a company of traders any one member should contract an enmity towards the other members of it, they are unworthy to bear testimony against or about him, on account of their enmity towards him. Here ends the chapter on witnesses, the tenth section of the law of debt. A. 158. The reason why the persons referred to in this paragraph are excluded seems to lie in their entire renunciation of earthly interests, which renders them unfit to appear in a court of justice. See Manu VIII, 65, where ‘one dead to the world’ is mentioned among the incompetent witnesses, and other parallel passages. T, 163. INCOMPETENT WITNESSES, 83 gamblers, assassins, are incompetent on account of their depravity ; there is no truth to be found in them. 160. If the statements of witnesses, who have all been summoned by the king for the decision of the same cause, do not agree, they are rendered incompetent by contradiction. *161. He who, without having been appointed to be a witness, comes of his own accord to make a deposition, is termed a spy in the law-books; he is unworthy to bear testimony. *162. Where can (any person) bear testimony if the claimant is no longer in existence, whose claim should have been heard? Such a person is an incompetent witness by reason of intervening decease. *163. If two persons quarrel with one another, 162. Supposing a man were to claim a certain sum from another and to name a witness, whom he states to have witnessed the transaction. Ifthe soi-disant creditor should die, it would be impossible to ascertain whether the statement of the witness is true or false. Therefore such a witness must not be admitted by reason of intervening decease. A.
2Ifthe soi-disant creditor should die, it would be impossible to ascertain whether the statement of the witness is true or false. Therefore such a witness must not be admitted by reason of intervening decease. A. 163. A claimant declares, ‘This bull, which you have got, is mine. He was stolen by thieves, who took seven cows along with him. If they are found among your property, they may be known by a red mark on the forehead, or by their white feet, or by other signs. ... I am able to adduce four witnesses who will declare them to be mine.’ The opponent replies, ‘ Pragdpati (the Creator) has created many two-legged and four-legged beings closely resembling one another. If a superficial likeness is to be considered as evidence, I might take another man’s wife into my house, because she has eyebrows, ears, a nose, eyes, a tongue, hand, and feet like my wife. This bull is born and bred in my own house. I am able to adduce four witnesses from the village in which he is being kept ; their statements will establish the fact that he belongs to me.’ In a dispute of this sort the witnesses of him who was the first to bring the suit into court will decide the suit. A. Y4géiavalkya II, 17; Vishau VIII, 10. t G2 84 NARADA. T, 164. and if both have witnesses, the witnesses of that party shall be heard which was the first to go to law. * 164. If the claimant should be cast at the trial, his cause proving as the weaker one of the two, it is fit that the witnesses of the defendant should be heard. *165. No one should converse in secret with a witness summoned by his adversary, neither should he try to estrange him from the cause of his opponent by other means. A party resorting to such practices as these is cast. 166. If a witness dies or goes abroad after having been appointed, those who have heard his deposition may give evidence; for indirect proof (through a second-hand statement) makes evidence (as well as direct proof). . _ “167. Even after a great lapse of time (the deposition of) a subscribing witness retains its validity ; 164. Where the plaint is rejected and the defence acknowledged as correct, the witnesses of the defendant have to be examined. A. YAgaiavalkya II, 17; Vishazu VIII, 11. 165. That man who holds secret conversations with a witness produced by his opponent, or who tries to intimidate him by threats, abuse, and the like, or to bribe him, loses his suit. A. 166. Ifa witness dies or goes abroad, indirect witnesses, i.e. those who have heard him speak of the matter, on his deathbed, or when he was about to start, either in answer to questions of the plaintiff, or of his own accord, shall be examined. A. Vish#u VIII, 12.
3A. 166. Ifa witness dies or goes abroad, indirect witnesses, i.e. those who have heard him speak of the matter, on his deathbed, or when he was about to start, either in answer to questions of the plaintiff, or of his own accord, shall be examined. A. Vish#u VIII, 12. 167. What follows here is intended to show how long the statements of each of the five appointed witnesses mentioned in par. 150 retain their validity. A subscribing witness may give valid evidence after the lapse of a very long period even. Such a witness should subscribe his name with his own hand, at the time when the document is being executed, as e.g. ‘I, Devadatta, have witnessed this transaction.’ If he is unable to write, he should cause another person to write in his own name. The document will make evidence, whenever the occasion arises. A. I, 174. WITNESSES; CIRCUMSTANTIAL EVIDENCE. 85 if a man can write, he should write (his name) himself; if he cannot (write himself), he should cause it to be written by another man. *168. (The deposition of) a witness who has been reminded (of the transaction) remains valid in this world up to the eighth year, that of a casual witness remains valid up to the fifth year. *169. (The deposition of) a secret witness remains valid up to the third year; (the deposition of) an indirect witness is declared to remain valid for one year only. *170. Or no definite period is fixed for judging a witness; for those acquainted with law have declared that testimony depends upon memory. *171. A witness whose understanding, memory, and hearing have never been deranged, may give evidence even after a very considerable lapse of time. 18. Six Cases where Witnesses are unnecessary. *172. However, six different kinds of proceedings have been indicated in which witnesses are not required. (Other) indications of the crime committed are substituted for the evidence of witnesses in these cases by the learned. *173. It should be known that one carrying a firebrand in his hand is an incendiary; that one taken with a weapon in his hand is a murderer; and that, where a man and the wife of another man seize one another by the hair, the man must be an adulterer. *174. One who goes about with a hatchet in his 170, 171. Under this rule, the validity of any testimony is declared independent of length of time, and to depend on the competence of the witness alone. A. 86 NARADA. I, 175. hand and makes his approach may be recognised as a destroyer of bridges (and embankments) ; one carrying an axe is declared a destroyer of trees. *175, One whose looks are suspicious is likely to have committed an assault. In all these cases witnesses may be dispensed with; only in the (lastmentioned) case of assault careful investigation is required.
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*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, for hire shall be witnesses for other members of the same association. Outcasts shall be witnesses for other low-caste persons. Women shall be witnesses where two women quarrel with one another. In all these cases, the qualities of the witnesses need not be tested. A. Manu VIII, 68; Vasish/ha XVI, 30. 156. If in a company of traders any one member should contract an enmity towards the other members of it, they are unworthy to bear testimony against or about him, on account of their enmity towards him. Here ends the chapter on witnesses, the tenth section of the law of debt. A. 158. The reason why the persons referred to in this paragraph are excluded seems to lie in their entire renunciation of earthly interests, which renders them unfit to appear in a court of justice. See Manu VIII, 65, where ‘one dead to the world’ is mentioned among the incompetent witnesses, and other parallel passages. T, 163. INCOMPETENT WITNESSES, 83 gamblers, assassins, are incompetent on account of their depravity ; there is no truth to be found in them. 160. If the statements of witnesses, who have all been summoned by the king for the decision of the same cause, do not agree, they are rendered incompetent by contradiction. *161. He who, without having been appointed to be a witness, comes of his own accord to make a deposition, is termed a spy in the law-books; he is unworthy to bear testimony. *162. Where can (any person) bear testimony if the claimant is no longer in existence, whose claim should have been heard? Such a person is an incompetent witness by reason of intervening decease. *163. If two persons quarrel with one another, 162. Supposing a man were to claim a certain sum from another and to name a witness, whom he states to have witnessed the transaction. Ifthe soi-disant creditor should die, it would be impossible to ascertain whether the statement of the witness is true or false. Therefore such a witness must not be admitted by reason of intervening decease. A.
2Ifthe soi-disant creditor should die, it would be impossible to ascertain whether the statement of the witness is true or false. Therefore such a witness must not be admitted by reason of intervening decease. A. 163. A claimant declares, ‘This bull, which you have got, is mine. He was stolen by thieves, who took seven cows along with him. If they are found among your property, they may be known by a red mark on the forehead, or by their white feet, or by other signs. ... I am able to adduce four witnesses who will declare them to be mine.’ The opponent replies, ‘ Pragdpati (the Creator) has created many two-legged and four-legged beings closely resembling one another. If a superficial likeness is to be considered as evidence, I might take another man’s wife into my house, because she has eyebrows, ears, a nose, eyes, a tongue, hand, and feet like my wife. This bull is born and bred in my own house. I am able to adduce four witnesses from the village in which he is being kept ; their statements will establish the fact that he belongs to me.’ In a dispute of this sort the witnesses of him who was the first to bring the suit into court will decide the suit. A. Y4géiavalkya II, 17; Vishau VIII, 10. t G2 84 NARADA. T, 164. and if both have witnesses, the witnesses of that party shall be heard which was the first to go to law. * 164. If the claimant should be cast at the trial, his cause proving as the weaker one of the two, it is fit that the witnesses of the defendant should be heard. *165. No one should converse in secret with a witness summoned by his adversary, neither should he try to estrange him from the cause of his opponent by other means. A party resorting to such practices as these is cast. 166. If a witness dies or goes abroad after having been appointed, those who have heard his deposition may give evidence; for indirect proof (through a second-hand statement) makes evidence (as well as direct proof). . _ “167. Even after a great lapse of time (the deposition of) a subscribing witness retains its validity ; 164. Where the plaint is rejected and the defence acknowledged as correct, the witnesses of the defendant have to be examined. A. YAgaiavalkya II, 17; Vishazu VIII, 11. 165. That man who holds secret conversations with a witness produced by his opponent, or who tries to intimidate him by threats, abuse, and the like, or to bribe him, loses his suit. A. 166. Ifa witness dies or goes abroad, indirect witnesses, i.e. those who have heard him speak of the matter, on his deathbed, or when he was about to start, either in answer to questions of the plaintiff, or of his own accord, shall be examined. A. Vish#u VIII, 12.
3A. 166. Ifa witness dies or goes abroad, indirect witnesses, i.e. those who have heard him speak of the matter, on his deathbed, or when he was about to start, either in answer to questions of the plaintiff, or of his own accord, shall be examined. A. Vish#u VIII, 12. 167. What follows here is intended to show how long the statements of each of the five appointed witnesses mentioned in par. 150 retain their validity. A subscribing witness may give valid evidence after the lapse of a very long period even. Such a witness should subscribe his name with his own hand, at the time when the document is being executed, as e.g. ‘I, Devadatta, have witnessed this transaction.’ If he is unable to write, he should cause another person to write in his own name. The document will make evidence, whenever the occasion arises. A. I, 174. WITNESSES; CIRCUMSTANTIAL EVIDENCE. 85 if a man can write, he should write (his name) himself; if he cannot (write himself), he should cause it to be written by another man. *168. (The deposition of) a witness who has been reminded (of the transaction) remains valid in this world up to the eighth year, that of a casual witness remains valid up to the fifth year. *169. (The deposition of) a secret witness remains valid up to the third year; (the deposition of) an indirect witness is declared to remain valid for one year only. *170. Or no definite period is fixed for judging a witness; for those acquainted with law have declared that testimony depends upon memory. *171. A witness whose understanding, memory, and hearing have never been deranged, may give evidence even after a very considerable lapse of time. 18. Six Cases where Witnesses are unnecessary. *172. However, six different kinds of proceedings have been indicated in which witnesses are not required. (Other) indications of the crime committed are substituted for the evidence of witnesses in these cases by the learned. *173. It should be known that one carrying a firebrand in his hand is an incendiary; that one taken with a weapon in his hand is a murderer; and that, where a man and the wife of another man seize one another by the hair, the man must be an adulterer. *174. One who goes about with a hatchet in his 170, 171. Under this rule, the validity of any testimony is declared independent of length of time, and to depend on the competence of the witness alone. A. 86 NARADA. I, 175. hand and makes his approach may be recognised as a destroyer of bridges (and embankments) ; one carrying an axe is declared a destroyer of trees. *175, One whose looks are suspicious is likely to have committed an assault. In all these cases witnesses may be dispensed with; only in the (lastmentioned) case of assault careful investigation is required.
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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