Fetching
One moment.
Fetching
One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Viramitrodaya, p. 421. The Ratndkara refers this paragraph to broken carriages and the like. See Colebrooke’s Digest, III, 1, 104. ‘Spoiled,’ i. e. partially disfigured. ‘Destroyed,’ i.e. entirely ruined. ‘Accident,’ when the things have been knocked against one another. Vtramitrodaya, ibid. VII, 1. The term ‘property kept as a deposit’ includes by implication a YAéita and the other species of bailments. Viramitrodaya, p. 374, and the other commentaries. See II. Title of Law, 14, 15. 2. The owner of a chattel, which has been sold by a stranger who has no right to it, may reclaim it from any one who happens to be possessed of it. Viramitrodaya, p. 375; Vishzu V, 164—- 166; Manu VIII, 201, 202; Ydg#avalkya II, 168. In the Nepalese MS. the last clause runs as follows: ‘The buyer who buys in secret is guilty of theft.’ VII, g. WAGES; SALES. 145 by the owner, he may keep it. No blame attaches to a sale effected in public, but a clandestine sale is viewed in the same light as theft according to law. * 3. If a man buys from a slave who has not been authorized (to sell) by his master, or from a rogue, or in secret, or at a very low price, or at an improper time, he is as guilty as the seller. *4. The purchaser must not make a secret of the way in which he came by a chattel (purchased by him). He becomes free from blame if he can point out the way in which the chattel was acquired by him. In any other case he is equally guilty with the vendor, and shall suffer the punishment of a thief. * 5. The vendor shall restore his property to the rightful owner, and shall pay to the buyer the price for which it was sold to him; besides that he shall pay a fine to the king. Such is the rule in the case 3. ‘One who has not been authorized (to sell) by his master,’ one who has received no special permission from him (to sell the chattel). The term ‘a slave’ has to be interpreted in a pregnant sense, so as to include young sons and other dependent persons. Viramitrodaya, p. 375. Vishnu V, 166; Yagfavalkya II, 168. 4. It appears from the detailed provisions of Brzhaspati, Katyayana, and other Smriti-writers on the subject of purchase and sale, that every purchase, in order to be legitimate, had to be concluded in open market, on a market day or hour; or that, at least, the purchaser was required to produce the vendor, when the purchase had not been made in open market. YAgAavalkya II, 168. The Nepalese MS. inserts the following paragraph here: ‘ Any purchase or sale which has been effected by another than the rightful owner must be known to be invalid; this is a rule in lawsuits.’ The quotations in the Viramitrodaya and other works prove this verse to be genuine. Y4gaavalkya II, 170. 5. Yagaavalkya II, 170. (33] L 146 NARADA. VII, 6 of a sale effected by another than the rightful owner.
2Y4gaavalkya II, 170. 5. Yagaavalkya II, 170. (33] L 146 NARADA. VII, 6 of a sale effected by another than the rightful owner. 6. If any one finds a treasure, which had been deposited by a stranger, he shall take it to the king. Every treasure, found by members of any caste, belongs to the king, excepting (those treasures which have been found by) members of the Brahman caste. 7. A Brahman even, when he has found a treasure, must at once give notice to the king. If the king gives it to him he may enjoy it. If he does not give notice, he is (viewed as) a thief. 8. Of his own property also, which he had lost and found again afterwards, a man must give notice to the king. If he does so, he may keep it as his lawful property. It is not his lawful property otherwise. EIGHTH TITLE OF LAW. NON-DELIVERY OF A SOLD CHATTEL. *1, When merchandise has been sold for a (certain) price and is not delivered to the purchaser, it is termed Non-delivery of a Sold Chattel, a title of law. * 2. Property in this world is of two kinds, movable and immovable. All that is termed merchandise in the laws regarding purchase and sale. * 3. The rule regarding the gift and receipt of 6-8. Gautama X, 36-38, 43-45; Vasish/ka III, 13-14; XVI, 19,20; Manu VIII, 30-39; Vishuu V, 56-64; Y4g@avalkya II, 33-35. The position of the two last paragraphs is inverted in the Nepalese MS. . VII, 3. ‘Gift’ means sale. ‘ Receipt’ means purchase. What VITI, 5. SALES ; NON-DELIVERY. 147 merchandise is declared sixfold by the learned: (what is sold) by tale, by weight, by measure, according to work, according to its beauty, and according to its splendour. * 4. If a man sells property for a certain price, and does not hand it over to the purchaser, he shall have to pay its produce, if it is immovable, and the profits arising on it, if it is movable property. * 5. If there has been a fall in the market value of the article in question (in the interval, the purchaser) shall receive both the article itself, and together with it the difference (in point of value). This law applies to those who are inhabitants of the same place; but to those who travel abroad, the is counted before selling it is said to be sold ‘by tale.’ Betel-nuts may be mentioned as an instance. ‘What is sold by weight,’ such as gold or sandal-wood and the like substances, which are weighed on a pair of scales. ‘What is sold by measure,’ such as rice or the like. ‘ By work,’ such as animals giving milk or used for draught or burden. ‘ According to its beauty,’ something handsome, as e.g. a handsome prostitute. ‘According to its splendour,’ or lustre, as e.g. rubies. Viramitrodaya, p. 437. <A similar exposition is delivered in the Ratn4kara, as quoted in Colebrooke’s Digest, III, 3, 3-
3‘ According to its beauty,’ something handsome, as e.g. a handsome prostitute. ‘According to its splendour,’ or lustre, as e.g. rubies. Viramitrodaya, p. 437. <A similar exposition is delivered in the Ratn4kara, as quoted in Colebrooke’s Digest, III, 3, 3- 4. ‘The profits arising on it,’ such as e.g. the milk of a cow. Viramitrodaya, p. 437. The Vivadatintémazi (p. 55) and the Ratnakara, as quoted in Colebrooke’s Digest (III, 3, 18), take the term kriy4phalam as a Dvandva compound, denoting ‘the work, such as the carrying of burdens and the like, and the profits, such as milk and the like.’ Vishzu V, 127; YAgaavalkya II, 254. 5. The previous paragraph contains the rule for those cases where the value of the property has increased after its sale. The present rule refers to those cases where the value of the property has diminished after the sale. Vtramitrodaya, p. 437. Those who travel abroad, i.e. who are in the habit of visiting other countries (for trading purposes), may claim the profit which might have accrued to them from travelling abroad. Vivadasintamani, pp. 55, 56. Vishnu V, 129; YAgfavalkya II, 254. L2 148 NARADA. VIII, 6. profit arising from (dealing in) foreign countries shall be made over (as well). * 6, If the article (sold) should have been injured, or destroyed by fire, or carried off, the loss shall be charged to the seller, because he did not deliver it after it had been sold by him. * > When a man shows one thing, which is faultless (to the intending purchaser), and (afterwards) delivers another thing to him, which has a blemish, he shall be compelled to pay twice its value (to the purchaser), and an equal amount as a fine. * 8. So when a man sells something to one person, and (afterwards) delivers it to another person, he shall be compelled to pay twice its value (to the purchaser), and a fine to the king. * 9, When a purchaser does not accept an article purchased by himself, which is delivered to him (by the vendor), the vendor commits no wrong by selling it to a different person. *10. Thus has the rule been declared with regard 6. According to Gagannftha, this rule has reference to those cases only where the purchaser has not formally asked for the delivery of the property purchased by himself. He infers from a text of YAgfavalkya that after a demand the loss shall fall on the vendor, even though the property was injured in one of the modes mentioned by that authority, i.e. by force majeure. See Colebrooke’s Digest, IIT, 3, 27. It is quite doubtful, however, whether the compiler of the Naérada-smriti had this distinction in view. Yagfavalkya © II, 256.. 8, 9. Both he who shows unblemished goods, and sells blemished goods afterwards, and he who sells property to one man and afterwards sells the same property to another man, though the first sale has not been rescinded by the purchaser, shall pay twice the value of the property sold as a fine. Viramitrodaya, p. 440. Y4g#avalkya II, 257. g. Yagnavalkya II, 255.
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.
1Viramitrodaya, p. 421. The Ratndkara refers this paragraph to broken carriages and the like. See Colebrooke’s Digest, III, 1, 104. ‘Spoiled,’ i. e. partially disfigured. ‘Destroyed,’ i.e. entirely ruined. ‘Accident,’ when the things have been knocked against one another. Vtramitrodaya, ibid. VII, 1. The term ‘property kept as a deposit’ includes by implication a YAéita and the other species of bailments. Viramitrodaya, p. 374, and the other commentaries. See II. Title of Law, 14, 15. 2. The owner of a chattel, which has been sold by a stranger who has no right to it, may reclaim it from any one who happens to be possessed of it. Viramitrodaya, p. 375; Vishzu V, 164—- 166; Manu VIII, 201, 202; Ydg#avalkya II, 168. In the Nepalese MS. the last clause runs as follows: ‘The buyer who buys in secret is guilty of theft.’ VII, g. WAGES; SALES. 145 by the owner, he may keep it. No blame attaches to a sale effected in public, but a clandestine sale is viewed in the same light as theft according to law. * 3. If a man buys from a slave who has not been authorized (to sell) by his master, or from a rogue, or in secret, or at a very low price, or at an improper time, he is as guilty as the seller. *4. The purchaser must not make a secret of the way in which he came by a chattel (purchased by him). He becomes free from blame if he can point out the way in which the chattel was acquired by him. In any other case he is equally guilty with the vendor, and shall suffer the punishment of a thief. * 5. The vendor shall restore his property to the rightful owner, and shall pay to the buyer the price for which it was sold to him; besides that he shall pay a fine to the king. Such is the rule in the case 3. ‘One who has not been authorized (to sell) by his master,’ one who has received no special permission from him (to sell the chattel). The term ‘a slave’ has to be interpreted in a pregnant sense, so as to include young sons and other dependent persons. Viramitrodaya, p. 375. Vishnu V, 166; Yagfavalkya II, 168. 4. It appears from the detailed provisions of Brzhaspati, Katyayana, and other Smriti-writers on the subject of purchase and sale, that every purchase, in order to be legitimate, had to be concluded in open market, on a market day or hour; or that, at least, the purchaser was required to produce the vendor, when the purchase had not been made in open market. YAgAavalkya II, 168. The Nepalese MS. inserts the following paragraph here: ‘ Any purchase or sale which has been effected by another than the rightful owner must be known to be invalid; this is a rule in lawsuits.’ The quotations in the Viramitrodaya and other works prove this verse to be genuine. Y4gaavalkya II, 170. 5. Yagaavalkya II, 170. (33] L 146 NARADA. VII, 6 of a sale effected by another than the rightful owner.
2Y4gaavalkya II, 170. 5. Yagaavalkya II, 170. (33] L 146 NARADA. VII, 6 of a sale effected by another than the rightful owner. 6. If any one finds a treasure, which had been deposited by a stranger, he shall take it to the king. Every treasure, found by members of any caste, belongs to the king, excepting (those treasures which have been found by) members of the Brahman caste. 7. A Brahman even, when he has found a treasure, must at once give notice to the king. If the king gives it to him he may enjoy it. If he does not give notice, he is (viewed as) a thief. 8. Of his own property also, which he had lost and found again afterwards, a man must give notice to the king. If he does so, he may keep it as his lawful property. It is not his lawful property otherwise. EIGHTH TITLE OF LAW. NON-DELIVERY OF A SOLD CHATTEL. *1, When merchandise has been sold for a (certain) price and is not delivered to the purchaser, it is termed Non-delivery of a Sold Chattel, a title of law. * 2. Property in this world is of two kinds, movable and immovable. All that is termed merchandise in the laws regarding purchase and sale. * 3. The rule regarding the gift and receipt of 6-8. Gautama X, 36-38, 43-45; Vasish/ka III, 13-14; XVI, 19,20; Manu VIII, 30-39; Vishuu V, 56-64; Y4g@avalkya II, 33-35. The position of the two last paragraphs is inverted in the Nepalese MS. . VII, 3. ‘Gift’ means sale. ‘ Receipt’ means purchase. What VITI, 5. SALES ; NON-DELIVERY. 147 merchandise is declared sixfold by the learned: (what is sold) by tale, by weight, by measure, according to work, according to its beauty, and according to its splendour. * 4. If a man sells property for a certain price, and does not hand it over to the purchaser, he shall have to pay its produce, if it is immovable, and the profits arising on it, if it is movable property. * 5. If there has been a fall in the market value of the article in question (in the interval, the purchaser) shall receive both the article itself, and together with it the difference (in point of value). This law applies to those who are inhabitants of the same place; but to those who travel abroad, the is counted before selling it is said to be sold ‘by tale.’ Betel-nuts may be mentioned as an instance. ‘What is sold by weight,’ such as gold or sandal-wood and the like substances, which are weighed on a pair of scales. ‘What is sold by measure,’ such as rice or the like. ‘ By work,’ such as animals giving milk or used for draught or burden. ‘ According to its beauty,’ something handsome, as e.g. a handsome prostitute. ‘According to its splendour,’ or lustre, as e.g. rubies. Viramitrodaya, p. 437. <A similar exposition is delivered in the Ratn4kara, as quoted in Colebrooke’s Digest, III, 3, 3-
3‘ According to its beauty,’ something handsome, as e.g. a handsome prostitute. ‘According to its splendour,’ or lustre, as e.g. rubies. Viramitrodaya, p. 437. <A similar exposition is delivered in the Ratn4kara, as quoted in Colebrooke’s Digest, III, 3, 3- 4. ‘The profits arising on it,’ such as e.g. the milk of a cow. Viramitrodaya, p. 437. The Vivadatintémazi (p. 55) and the Ratnakara, as quoted in Colebrooke’s Digest (III, 3, 18), take the term kriy4phalam as a Dvandva compound, denoting ‘the work, such as the carrying of burdens and the like, and the profits, such as milk and the like.’ Vishzu V, 127; YAgaavalkya II, 254. 5. The previous paragraph contains the rule for those cases where the value of the property has increased after its sale. The present rule refers to those cases where the value of the property has diminished after the sale. Vtramitrodaya, p. 437. Those who travel abroad, i.e. who are in the habit of visiting other countries (for trading purposes), may claim the profit which might have accrued to them from travelling abroad. Vivadasintamani, pp. 55, 56. Vishnu V, 129; YAgfavalkya II, 254. L2 148 NARADA. VIII, 6. profit arising from (dealing in) foreign countries shall be made over (as well). * 6, If the article (sold) should have been injured, or destroyed by fire, or carried off, the loss shall be charged to the seller, because he did not deliver it after it had been sold by him. * > When a man shows one thing, which is faultless (to the intending purchaser), and (afterwards) delivers another thing to him, which has a blemish, he shall be compelled to pay twice its value (to the purchaser), and an equal amount as a fine. * 8. So when a man sells something to one person, and (afterwards) delivers it to another person, he shall be compelled to pay twice its value (to the purchaser), and a fine to the king. * 9, When a purchaser does not accept an article purchased by himself, which is delivered to him (by the vendor), the vendor commits no wrong by selling it to a different person. *10. Thus has the rule been declared with regard 6. According to Gagannftha, this rule has reference to those cases only where the purchaser has not formally asked for the delivery of the property purchased by himself. He infers from a text of YAgfavalkya that after a demand the loss shall fall on the vendor, even though the property was injured in one of the modes mentioned by that authority, i.e. by force majeure. See Colebrooke’s Digest, IIT, 3, 27. It is quite doubtful, however, whether the compiler of the Naérada-smriti had this distinction in view. Yagfavalkya © II, 256.. 8, 9. Both he who shows unblemished goods, and sells blemished goods afterwards, and he who sells property to one man and afterwards sells the same property to another man, though the first sale has not been rescinded by the purchaser, shall pay twice the value of the property sold as a fine. Viramitrodaya, p. 440. Y4g#avalkya II, 257. g. Yagnavalkya II, 255.
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.