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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
119. In the case of an answer of the first or third kinds, divine and human proof should be employed ; but in the case of an answer of the fourth kind, an attested document recording the success of either party should be produced. 20. In the cases of a plea of former judgment and of a special plea, the defendant shall prove the contents of his answer; but in the case of a denial, the plaintiff shall prove the contents of the plaint. VI. THe JupGMENT. 1. He is said to have gained his cause in this world who has proved his claim, and has been honourably dismissed by the chief judge and the other judges, and received a document recording his victory. 2. Punishment corresponding to the nature of the offence shall be ordained there (in the decree). 17,18. Viram. p. 110. 19. Smritiz. prathame va tritlye vA pramazam daivamanusham | uttare sy44 Aaturthe tu sasakshi gayapattrakam |) An answer of the first kind is a denial; an answer of the third kind is a confession; an answer of the fourth kind is a plea of former judgment. 20. Smr#i#. praanydye pratyavaskande pratyarthf s&dhayet svakam | uttarartham pratig#Artham arthi mithyottare punas Il VI, 1. Raghunandana, p. 60. 2, Viram. p. 124. 298 - BRIHASPATI. VI, 3. 3. Whatever has been transacted in a suit, the plaint, answer, and so forth, as well as the gist of the trial, should be noted completely in the document recording the success (of the claimant or defendant). 4. When the king gives the victorious party a document recording the plaint, answer, and trial, and closing with the sentence, it is called a document recording the success (of either party). 5. When a man does not feel satisfied with a decision passed by meetings of kindred or other (resorts for the redress of wrongs), the king should revise the decision declared by them, and institute a fresh trial, if it should prove unjust. 6. After having considered the matter in common with ‘many Brahmans well versed in science, he should punish the wicked men, who were acting as judges in the former trial, together with the victorious party. 7. One appointed by his master to look after his expenses and to superintend (transactions regarding) tillage, loans, and trade, is called a manager. 8. Whatever has been transacted by him is valid, whether relating to receipt, non-receipt, expenses or income, and whether it may have been transacted at home or abroad. The master must not annul such transactions as these. 3, 4. Raghunandana, p. 60. I read pfirvottarakriy4yuktam in 4. - §, 6. Viram. p. 123. 4,8. Viram. p. 127. Read in 7, krishikusfdavanigye. These two texts relate to the subject of valid and invalid transactions, which is generally discussed along with the rules of judicial procedure, and with the onus probandi and judgment in particular. They might also have been inserted in the chapter on Master and Servant. VII, 7. WITNESSES. ° 299 VII. WIrtnessEs.
2They might also have been inserted in the chapter on Master and Servant. VII, 7. WITNESSES. ° 299 VII. WIrtnessEs. 1. Asubscribing witness, one caused to be written, a secret witness, one who has been reminded, a member of the family, a messenger, a spontaneous witness, an indirect witness, a stranger who has accidentally witnessed the deed, 2. The king, a chief judge, and the (people of the) village : thus have the twelve kinds of witnesses been declared. I am going to declare precisely in order their respective characteristics. 3. He is called a subscribing witness who enters in a deed his own as well as his father’s caste, name, and so forth, and his place of residence. 4. He is termed one caused to be written, who has been distinctly entered in the deed, together with the details of the agreement, by the plaintiff when writing a contract of loan or another (contract). 5. He is called a secret witness who is made to listen to the speeches of the debtor, standing concealed behind a wall, (and relates them) just as they were spoken, (when the debtor tries to deny them.) 6. He is called one reminded who, after having been appointed and invited to be present at a transaction concerning a loan, deposit, purchase, or the like, is repeatedly reminded of it. 7. He is designed as a family witness who is appointed by both parties to witness a deed of partition, gift, or sale, being connected and on good VII, 1, 2a. May. p. 23. 2b—-15. Viram. pp. 144, 145. 3. I read gatinamadi, with Smretizandriké. 6. I read krayAdike, with Smritifandrika. 300 BRIHASPATI, VIF, 8. terms with both parties, and acquainted with (the rules of) duty. 8. He is denominated a messenger who is a respectable man, esteemed and appointed by both parties, and has come near to listen to the speeches of the plaintiff and defendant. 9. He is a spontaneous witness who declares that he has witnessed the transaction, after having approached the court of his own accord, while a cause is being heard. 10. That witness who communicates what he has heard to another man, at a time when he is about to go abroad, or lying on his deathbed, should be considered as an indirect witness. 11. He also is called an indirect witness who repeats, from his own hearing or from hearsay, the previous statements of actual witnesses. 12. He is called a secret witness to whom an affair has been entrusted or communicated by both parties, or who happens to witness the transaction. 13. The king in person having heard the speeches of plaintiff and defendant, may act as witness if both should quarrel with one another. 14. If after the decision of a suit a fresh trial should take place, the chief judge, together with the assessors, may act as a witness there, but not in any other case. 15. The (people of the) village may no doubt give testimony, even without a special appointment, as to what has been anywhere spoiled or damaged in the boundary line.
315. The (people of the) village may no doubt give testimony, even without a special appointment, as to what has been anywhere spoiled or damaged in the boundary line. 11, The reading bhashatém in the Viramitrodaya is a misprint for bhashate. ‘. VII, 22. WITNESSES, " 301 16. There should be nine, seven, five, four, or three witnesses; or two only, if they are learned Brahmans, are proper (to be examined); but let him never examine a single witness. 17. Of subscribing and secret witnesses, there should be two (of each sort); of spontaneous, reminded, family witnesses, and indirect witnesses, there should be three, four, or five (of each sort). 18. A single witness even may furnish valid proof, if he is a messenger, an accountant, one who has’ accidentally witnessed the transaction, or a king, or chief judge. 19. (A witness) should be exhorted by judges acquainted with law, by speeches extolling veracity and denouncing falsehood. 20. Whatever religious merit has been acquired by thee from the time of thy birth to the time of thy death, all that will be lost by thy telling a falsehood. 21. An iniquitous judge, a false witness, and the slayer of a Brahman are pronounced to be criminal in an equal degree; nor is a killer of an embryo or a destroyer of wealth considered as a greater sinner than they are. 22. Knowing this, a witness should give evidence according to truth. 16-18. May. p. 23. The ‘accountant’ is a species of ‘messenger. Viramitrodaya. Regarding the ‘witness who has accidentally witnessed the transaction,’ see VII, 12. 19-22. Zod. satyaprasamsfvakanair anrttasyApavadanai | sabhyaik sa bodhanfyas tu dharmas4strapravedibhiZ u 4 ganmatas £4 marazAt sukritam yadupargitam | tat sarvam nfsam Ayati anritasy4bhisamsanat k/asabhya’ kQasikshf brahmah4 4a sama’ smritah bhrfivaha vittaha Aaishim nadhikah samudahritah wevam viditva tat sikshf yath4bhftam vadet tatah ul 302 BRIHASPATI. VII, 23. 23. After putting off his shoes and his turban, he should stretch out his right hand, and declare the truth, after taking in his hands gold, cow-dung, or blades of sacred grass. 24. When witnesses summoned (in a suit) are faulty, the opponent may expose them. But a litigant trying to cast a blemish on faultless witnesses is liable to pay a fine to the same amount (as the property in dispute). 25. Whatever faults there may be in a document or in witnesses, they should be exposed at the time of the trial; those cannot be used as valid objections which are declared afterwards. 26. He whose documents or witnesses are objected to in a suit, cannot gain his cause till he has removed the objections raised against it. 27. I will now state, according to the rules of science, which men may be appointed as witnesses, and which others should be avoided as being low wretches.
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.
119. In the case of an answer of the first or third kinds, divine and human proof should be employed ; but in the case of an answer of the fourth kind, an attested document recording the success of either party should be produced. 20. In the cases of a plea of former judgment and of a special plea, the defendant shall prove the contents of his answer; but in the case of a denial, the plaintiff shall prove the contents of the plaint. VI. THe JupGMENT. 1. He is said to have gained his cause in this world who has proved his claim, and has been honourably dismissed by the chief judge and the other judges, and received a document recording his victory. 2. Punishment corresponding to the nature of the offence shall be ordained there (in the decree). 17,18. Viram. p. 110. 19. Smritiz. prathame va tritlye vA pramazam daivamanusham | uttare sy44 Aaturthe tu sasakshi gayapattrakam |) An answer of the first kind is a denial; an answer of the third kind is a confession; an answer of the fourth kind is a plea of former judgment. 20. Smr#i#. praanydye pratyavaskande pratyarthf s&dhayet svakam | uttarartham pratig#Artham arthi mithyottare punas Il VI, 1. Raghunandana, p. 60. 2, Viram. p. 124. 298 - BRIHASPATI. VI, 3. 3. Whatever has been transacted in a suit, the plaint, answer, and so forth, as well as the gist of the trial, should be noted completely in the document recording the success (of the claimant or defendant). 4. When the king gives the victorious party a document recording the plaint, answer, and trial, and closing with the sentence, it is called a document recording the success (of either party). 5. When a man does not feel satisfied with a decision passed by meetings of kindred or other (resorts for the redress of wrongs), the king should revise the decision declared by them, and institute a fresh trial, if it should prove unjust. 6. After having considered the matter in common with ‘many Brahmans well versed in science, he should punish the wicked men, who were acting as judges in the former trial, together with the victorious party. 7. One appointed by his master to look after his expenses and to superintend (transactions regarding) tillage, loans, and trade, is called a manager. 8. Whatever has been transacted by him is valid, whether relating to receipt, non-receipt, expenses or income, and whether it may have been transacted at home or abroad. The master must not annul such transactions as these. 3, 4. Raghunandana, p. 60. I read pfirvottarakriy4yuktam in 4. - §, 6. Viram. p. 123. 4,8. Viram. p. 127. Read in 7, krishikusfdavanigye. These two texts relate to the subject of valid and invalid transactions, which is generally discussed along with the rules of judicial procedure, and with the onus probandi and judgment in particular. They might also have been inserted in the chapter on Master and Servant. VII, 7. WITNESSES. ° 299 VII. WIrtnessEs.
2They might also have been inserted in the chapter on Master and Servant. VII, 7. WITNESSES. ° 299 VII. WIrtnessEs. 1. Asubscribing witness, one caused to be written, a secret witness, one who has been reminded, a member of the family, a messenger, a spontaneous witness, an indirect witness, a stranger who has accidentally witnessed the deed, 2. The king, a chief judge, and the (people of the) village : thus have the twelve kinds of witnesses been declared. I am going to declare precisely in order their respective characteristics. 3. He is called a subscribing witness who enters in a deed his own as well as his father’s caste, name, and so forth, and his place of residence. 4. He is termed one caused to be written, who has been distinctly entered in the deed, together with the details of the agreement, by the plaintiff when writing a contract of loan or another (contract). 5. He is called a secret witness who is made to listen to the speeches of the debtor, standing concealed behind a wall, (and relates them) just as they were spoken, (when the debtor tries to deny them.) 6. He is called one reminded who, after having been appointed and invited to be present at a transaction concerning a loan, deposit, purchase, or the like, is repeatedly reminded of it. 7. He is designed as a family witness who is appointed by both parties to witness a deed of partition, gift, or sale, being connected and on good VII, 1, 2a. May. p. 23. 2b—-15. Viram. pp. 144, 145. 3. I read gatinamadi, with Smretizandriké. 6. I read krayAdike, with Smritifandrika. 300 BRIHASPATI, VIF, 8. terms with both parties, and acquainted with (the rules of) duty. 8. He is denominated a messenger who is a respectable man, esteemed and appointed by both parties, and has come near to listen to the speeches of the plaintiff and defendant. 9. He is a spontaneous witness who declares that he has witnessed the transaction, after having approached the court of his own accord, while a cause is being heard. 10. That witness who communicates what he has heard to another man, at a time when he is about to go abroad, or lying on his deathbed, should be considered as an indirect witness. 11. He also is called an indirect witness who repeats, from his own hearing or from hearsay, the previous statements of actual witnesses. 12. He is called a secret witness to whom an affair has been entrusted or communicated by both parties, or who happens to witness the transaction. 13. The king in person having heard the speeches of plaintiff and defendant, may act as witness if both should quarrel with one another. 14. If after the decision of a suit a fresh trial should take place, the chief judge, together with the assessors, may act as a witness there, but not in any other case. 15. The (people of the) village may no doubt give testimony, even without a special appointment, as to what has been anywhere spoiled or damaged in the boundary line.
315. The (people of the) village may no doubt give testimony, even without a special appointment, as to what has been anywhere spoiled or damaged in the boundary line. 11, The reading bhashatém in the Viramitrodaya is a misprint for bhashate. ‘. VII, 22. WITNESSES, " 301 16. There should be nine, seven, five, four, or three witnesses; or two only, if they are learned Brahmans, are proper (to be examined); but let him never examine a single witness. 17. Of subscribing and secret witnesses, there should be two (of each sort); of spontaneous, reminded, family witnesses, and indirect witnesses, there should be three, four, or five (of each sort). 18. A single witness even may furnish valid proof, if he is a messenger, an accountant, one who has’ accidentally witnessed the transaction, or a king, or chief judge. 19. (A witness) should be exhorted by judges acquainted with law, by speeches extolling veracity and denouncing falsehood. 20. Whatever religious merit has been acquired by thee from the time of thy birth to the time of thy death, all that will be lost by thy telling a falsehood. 21. An iniquitous judge, a false witness, and the slayer of a Brahman are pronounced to be criminal in an equal degree; nor is a killer of an embryo or a destroyer of wealth considered as a greater sinner than they are. 22. Knowing this, a witness should give evidence according to truth. 16-18. May. p. 23. The ‘accountant’ is a species of ‘messenger. Viramitrodaya. Regarding the ‘witness who has accidentally witnessed the transaction,’ see VII, 12. 19-22. Zod. satyaprasamsfvakanair anrttasyApavadanai | sabhyaik sa bodhanfyas tu dharmas4strapravedibhiZ u 4 ganmatas £4 marazAt sukritam yadupargitam | tat sarvam nfsam Ayati anritasy4bhisamsanat k/asabhya’ kQasikshf brahmah4 4a sama’ smritah bhrfivaha vittaha Aaishim nadhikah samudahritah wevam viditva tat sikshf yath4bhftam vadet tatah ul 302 BRIHASPATI. VII, 23. 23. After putting off his shoes and his turban, he should stretch out his right hand, and declare the truth, after taking in his hands gold, cow-dung, or blades of sacred grass. 24. When witnesses summoned (in a suit) are faulty, the opponent may expose them. But a litigant trying to cast a blemish on faultless witnesses is liable to pay a fine to the same amount (as the property in dispute). 25. Whatever faults there may be in a document or in witnesses, they should be exposed at the time of the trial; those cannot be used as valid objections which are declared afterwards. 26. He whose documents or witnesses are objected to in a suit, cannot gain his cause till he has removed the objections raised against it. 27. I will now state, according to the rules of science, which men may be appointed as witnesses, and which others should be avoided as being low wretches.
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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