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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1_ 21. Women, infants, the suffering, and persons unacquainted with the art of writing, are deceived by-their own relations fabricating documents signed with their names. Such (forgery) may be found out by means of internal evidence and legitimate titles. 22. A document executed by a madman, an idiot, an infant, one who has absconded through fear of the king, a bashful person, or one tormented by fear, is not invalidated (by an impossibility to produce its author). — 23. (But, as a rule) a document executed by a dying person, an enemy, one oppressed with fear, a suffering person, a woman, one intoxicated, distressed by a calamity, at night, by fraud, or by force, does not hold good, 24. Where even a single witness entered in a deed is infamous and reproached (by the public voice), or where its writer is held in such estimation, it is called a false document. 1g. Smritiz., quoted by Burnell, Elements of South Indian Palaeography, p. roo. 20, 21. Viram. p. 197. 22. Viram. p. 198. The translation follows the gloss in the Viramitrodaya. 23, 24. May. p. 20. 308 BRIHASPATI. VIII, 25. 25. A writing being spoiled by fire, or executed a long time ago, or soiled with dirt, or intended for a very short period only, or containing (a number of) mutilated or effaced syllables, is reckoned as a false document. 26. Let a man show (a document) on every occasion to (meetings of) families, associations (of traders), assemblies (of cohabitants), and other (bodies of persons), and read it out to them, and remind them of it, in order to establish its validity. 27. The acquirer (of landed or other property) should establish the written title (under which he is holding it); his son should establish the fact of possession only. If (the father) has been impeached in a court of justice, the son also should be required to prove the written title. 28. When a loan (recorded in a bond) is not expressly claimed from a debtor who has means enough (to discharge it) and is at hand, the bond loses its validity, as the debt is presumed to have been paid (in that case). 29. A writing which has neither been seen nor read out for thirty years, should not be recognised as valid, even though the (subscribing) witnesses be living. 30. When a man does not produce the bond and omits to ask his debtor (to restore the loan), after 25. Apararka and Smritié., quoted by Fuhrer, No. 29. 26. Viram. p. 200. 27. Viram. p. 199. 28-30. Apararka, quoted by Fithhrer, loc. cit, Nos. 33-353 Smritif. (‘Katyayana’); Zod. In 28, I read suddharzasankayé, for suddham nasankaya, with Zodarananda. 30. The interest on a loan, according to the Indian Law of Debt, ceases on its becoming equal to the principal. IX, 4. POSSESSION. 309 his loan has ceased to yield interest, the bond becomes suspected. 31. A document is certainly not overruled either by witnesses or by an oath (or ordeal), but its validity is diminished by neglect, if it is neither shown nor read. IX. Possession.
2IX, 4. POSSESSION. 309 his loan has ceased to yield interest, the bond becomes suspected. 31. A document is certainly not overruled either by witnesses or by an oath (or ordeal), but its validity is diminished by neglect, if it is neither shown nor read. IX. Possession. 1. This set of rules regarding witnesses and documents has been propounded. The law concerning the acquisition of immovable property and possession will be proclaimed next. 2. Immovable property may be acquired in seven different ways, viz. by learning, by purchase, by mortgaging, by valour, with a wife (as her dowry), by inheritance (from an ancestor), and by succession _to the property of a kinsman who has no issue. 3. In the case of property acquired by one of these seven methods, viz. inheritance from a father (or other ancestor), acquisition (in the shape of a dowry), purchase, hypothecation, succession, valour, or learned knowledge, possession coupled with a legitimate title constitutes proprietary right. 4. That possession which is hereditary, or founded on a royal order, or coupled with purchase, hypothecation or a legitimate title: possession of this kind constitutes proprietary right. 31. Smritié. and Aparfrka, quoted by Fuhrer, No. 38. IX, 1-7. Viram. pp. 203, 204. 1. The Viramitrodaya argues that, although immovable property is principally referred to, the same law applies a fortiori to movable property. 310 BRIHASPATI. IX, 5. 5. Immovable property obtained by a division (of the estate among co-heirs), or by purchase, or inherited from a father (or other ancestor), or presented by the king, is acknowledged as one’s lawful property ; itis lost by forbearance in the case of adverse possession. 6. He who is holding possession (of an estate) after having merely taken it, occupying it without meeting with resistance, becomes its legitimate owner thus; and it is lost (to the owner) by such forbearance. 7. He whose possession has been continuous from the time of occupation, and has never been interrupted for a period of thirty years, cannot be deprived of such property. 8. That property which is publicly given by coheirs or others to a stranger who is enjoying it, cannot be recovered afterwards by him (who is its legitimate owner). 9. He who does not raise a protest when a stranger is giving away (his) landed property in his sight, cannot again recover that estate, even though he be possessed of a written title to it. 10. Possession held by three generations produces ownership for strangers, no doubt, when they are related to one another in the degree of a Sapinda ; it does not stand good in the case of Sakulyas. 11. A house, field, commodity or other property having been held by another person than the owner, 5, 6. Col. Dig. V, 6, 384. 8, 9. Viram. p. 209. 10-12. Col. Dig. V, 7, 396. 10-14. Viram. p. 221. Sapindaship in this rule includes four generations; the term Sakulya is used to denote more remote relations. IX, 17. POSSESSION. 311
3Col. Dig. V, 6, 384. 8, 9. Viram. p. 209. 10-12. Col. Dig. V, 7, 396. 10-14. Viram. p. 221. Sapindaship in this rule includes four generations; the term Sakulya is used to denote more remote relations. IX, 17. POSSESSION. 311 is not lost (to the owner) by mere force of possession, if the possessor stands to him in the relation of a friend, relative, or kinsman. 12. Such wealth as is possessed by a son-in-law, a learned Brahman, or by the king or his ministers, does not become legitimate property for them after the lapse of a very long period even. 13. Forcible means must not be resorted to by the present occupant or his son, in maintaining possession of the property of an infant, or of a learned Brahman, or of that which has been legitimately inherited from a father, 14. Nor (in maintaining possession) of cattle, a woman, a slave, or other (property). This is a legal rule. 15. If a doubt should arise in regard to a house or field, of which its occupant has not held possession uninterruptedly, he should undertake to prove (his enjoyment of it) by means of documents, (the depositions of) persons knowing him as_ possessor, and witnesses. 16. Those are witnesses in a contest of this kind who know the name, the boundary, the title (of acquisition), the quantity, the time, the quarter of the sky, and the reason why possession has been interrupted. 17. By such means should a question regarding occupation and possession be decided in a contest concerning landed property ; but in a cause in which 15-17. Viram. p, 222. 16. Read namaghafagamam. ‘The title,’ the cause of ownership, such as gift. ‘The quantity,’ of land. ‘The quarter of the sky,’ a description of the region in which a certain estate is situated. ‘The time,’ at which the estate was acquired. Zodarfnanda. 312 BRIHASPATI. IX, 18. no (human) evidence is forthcoming, divine test should be resorted to. 18. When a village, field, or garden is referred to in one and the same grant, they are (considered to be) possessed of all of them, though possession be held of part of them only. (On the other hand) that title has no force which is not accompanied by a slight measure of possession even. 19. Not to possess landed property, not to show a document in the proper time, and not to remind witnesses (of their deposition): this is the way to lose one’s property. 20. Therefore evidence should be preserved carefully ; if this be done, lawsuits whether relating to immovable or to movable property are sure to succeed. 21. Female slaves can never be acquired by possession, without a written title; nor (does possession create ownership) in the case of property belonging to a king, or to a learned Brahman, or to an idiot, or infant. 22. It is not by mere force of possession that land becomes a man’s property; a legitimate title also having been proved, it is converted into property by both (possession and title), but not otherwise. 18. Viram. pp. 221, 222; Col. Dig. V, 6, 383.
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_ 21. Women, infants, the suffering, and persons unacquainted with the art of writing, are deceived by-their own relations fabricating documents signed with their names. Such (forgery) may be found out by means of internal evidence and legitimate titles. 22. A document executed by a madman, an idiot, an infant, one who has absconded through fear of the king, a bashful person, or one tormented by fear, is not invalidated (by an impossibility to produce its author). — 23. (But, as a rule) a document executed by a dying person, an enemy, one oppressed with fear, a suffering person, a woman, one intoxicated, distressed by a calamity, at night, by fraud, or by force, does not hold good, 24. Where even a single witness entered in a deed is infamous and reproached (by the public voice), or where its writer is held in such estimation, it is called a false document. 1g. Smritiz., quoted by Burnell, Elements of South Indian Palaeography, p. roo. 20, 21. Viram. p. 197. 22. Viram. p. 198. The translation follows the gloss in the Viramitrodaya. 23, 24. May. p. 20. 308 BRIHASPATI. VIII, 25. 25. A writing being spoiled by fire, or executed a long time ago, or soiled with dirt, or intended for a very short period only, or containing (a number of) mutilated or effaced syllables, is reckoned as a false document. 26. Let a man show (a document) on every occasion to (meetings of) families, associations (of traders), assemblies (of cohabitants), and other (bodies of persons), and read it out to them, and remind them of it, in order to establish its validity. 27. The acquirer (of landed or other property) should establish the written title (under which he is holding it); his son should establish the fact of possession only. If (the father) has been impeached in a court of justice, the son also should be required to prove the written title. 28. When a loan (recorded in a bond) is not expressly claimed from a debtor who has means enough (to discharge it) and is at hand, the bond loses its validity, as the debt is presumed to have been paid (in that case). 29. A writing which has neither been seen nor read out for thirty years, should not be recognised as valid, even though the (subscribing) witnesses be living. 30. When a man does not produce the bond and omits to ask his debtor (to restore the loan), after 25. Apararka and Smritié., quoted by Fuhrer, No. 29. 26. Viram. p. 200. 27. Viram. p. 199. 28-30. Apararka, quoted by Fithhrer, loc. cit, Nos. 33-353 Smritif. (‘Katyayana’); Zod. In 28, I read suddharzasankayé, for suddham nasankaya, with Zodarananda. 30. The interest on a loan, according to the Indian Law of Debt, ceases on its becoming equal to the principal. IX, 4. POSSESSION. 309 his loan has ceased to yield interest, the bond becomes suspected. 31. A document is certainly not overruled either by witnesses or by an oath (or ordeal), but its validity is diminished by neglect, if it is neither shown nor read. IX. Possession.
2IX, 4. POSSESSION. 309 his loan has ceased to yield interest, the bond becomes suspected. 31. A document is certainly not overruled either by witnesses or by an oath (or ordeal), but its validity is diminished by neglect, if it is neither shown nor read. IX. Possession. 1. This set of rules regarding witnesses and documents has been propounded. The law concerning the acquisition of immovable property and possession will be proclaimed next. 2. Immovable property may be acquired in seven different ways, viz. by learning, by purchase, by mortgaging, by valour, with a wife (as her dowry), by inheritance (from an ancestor), and by succession _to the property of a kinsman who has no issue. 3. In the case of property acquired by one of these seven methods, viz. inheritance from a father (or other ancestor), acquisition (in the shape of a dowry), purchase, hypothecation, succession, valour, or learned knowledge, possession coupled with a legitimate title constitutes proprietary right. 4. That possession which is hereditary, or founded on a royal order, or coupled with purchase, hypothecation or a legitimate title: possession of this kind constitutes proprietary right. 31. Smritié. and Aparfrka, quoted by Fuhrer, No. 38. IX, 1-7. Viram. pp. 203, 204. 1. The Viramitrodaya argues that, although immovable property is principally referred to, the same law applies a fortiori to movable property. 310 BRIHASPATI. IX, 5. 5. Immovable property obtained by a division (of the estate among co-heirs), or by purchase, or inherited from a father (or other ancestor), or presented by the king, is acknowledged as one’s lawful property ; itis lost by forbearance in the case of adverse possession. 6. He who is holding possession (of an estate) after having merely taken it, occupying it without meeting with resistance, becomes its legitimate owner thus; and it is lost (to the owner) by such forbearance. 7. He whose possession has been continuous from the time of occupation, and has never been interrupted for a period of thirty years, cannot be deprived of such property. 8. That property which is publicly given by coheirs or others to a stranger who is enjoying it, cannot be recovered afterwards by him (who is its legitimate owner). 9. He who does not raise a protest when a stranger is giving away (his) landed property in his sight, cannot again recover that estate, even though he be possessed of a written title to it. 10. Possession held by three generations produces ownership for strangers, no doubt, when they are related to one another in the degree of a Sapinda ; it does not stand good in the case of Sakulyas. 11. A house, field, commodity or other property having been held by another person than the owner, 5, 6. Col. Dig. V, 6, 384. 8, 9. Viram. p. 209. 10-12. Col. Dig. V, 7, 396. 10-14. Viram. p. 221. Sapindaship in this rule includes four generations; the term Sakulya is used to denote more remote relations. IX, 17. POSSESSION. 311
3Col. Dig. V, 6, 384. 8, 9. Viram. p. 209. 10-12. Col. Dig. V, 7, 396. 10-14. Viram. p. 221. Sapindaship in this rule includes four generations; the term Sakulya is used to denote more remote relations. IX, 17. POSSESSION. 311 is not lost (to the owner) by mere force of possession, if the possessor stands to him in the relation of a friend, relative, or kinsman. 12. Such wealth as is possessed by a son-in-law, a learned Brahman, or by the king or his ministers, does not become legitimate property for them after the lapse of a very long period even. 13. Forcible means must not be resorted to by the present occupant or his son, in maintaining possession of the property of an infant, or of a learned Brahman, or of that which has been legitimately inherited from a father, 14. Nor (in maintaining possession) of cattle, a woman, a slave, or other (property). This is a legal rule. 15. If a doubt should arise in regard to a house or field, of which its occupant has not held possession uninterruptedly, he should undertake to prove (his enjoyment of it) by means of documents, (the depositions of) persons knowing him as_ possessor, and witnesses. 16. Those are witnesses in a contest of this kind who know the name, the boundary, the title (of acquisition), the quantity, the time, the quarter of the sky, and the reason why possession has been interrupted. 17. By such means should a question regarding occupation and possession be decided in a contest concerning landed property ; but in a cause in which 15-17. Viram. p, 222. 16. Read namaghafagamam. ‘The title,’ the cause of ownership, such as gift. ‘The quantity,’ of land. ‘The quarter of the sky,’ a description of the region in which a certain estate is situated. ‘The time,’ at which the estate was acquired. Zodarfnanda. 312 BRIHASPATI. IX, 18. no (human) evidence is forthcoming, divine test should be resorted to. 18. When a village, field, or garden is referred to in one and the same grant, they are (considered to be) possessed of all of them, though possession be held of part of them only. (On the other hand) that title has no force which is not accompanied by a slight measure of possession even. 19. Not to possess landed property, not to show a document in the proper time, and not to remind witnesses (of their deposition): this is the way to lose one’s property. 20. Therefore evidence should be preserved carefully ; if this be done, lawsuits whether relating to immovable or to movable property are sure to succeed. 21. Female slaves can never be acquired by possession, without a written title; nor (does possession create ownership) in the case of property belonging to a king, or to a learned Brahman, or to an idiot, or infant. 22. It is not by mere force of possession that land becomes a man’s property; a legitimate title also having been proved, it is converted into property by both (possession and title), but not otherwise. 18. Viram. pp. 221, 222; Col. Dig. V, 6, 383.
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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