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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
122. 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. 19,20. Zod. bhimer abhuktir lekhyasya yathak4lam adarsanam | asmarazam sAkshinim ka svarthahfnikarami 4a tasm4d yatnena kartavyam pramanaparipalanam | tena kary4mi sidhyanti sthavarani harani ka 21. Smriti&. na strizim upabhogad sydd vind lekhyam kathamana | ragasrotriyavitte 4a gadabaladhane tatha ui 22. Smritiz. bhuktikevalay4 naiva bhimiA siddhim avapnuyat | agamen4pi suddhena dvabhy4m sidhyati nanyatha tt IX, 28. POSSESSION. 313 23. Should even the father, grandfather, and greatgrandfather of a man be alive, land having been possessed by him for thirty years, without intervention of strangers, 24. It should be considered as possession extending over one generation; possession continued for twice that period (is called possession) extending over two generations ; possession continued for three times that period (is called possession) extending over three generations. (Possession continued) longer than that even, is (called) possession of long standing. 25. When the present occupant is impeached, a document or witness is (considered as) decisive. When he is no longer in existence, possession alone is decisive for his sons. 26. When possession extending over three generations has descended to the fourth generation, it becomes legitimate possession, and a title must never be inquired for. 27. When possession undisturbed (by others) has been held by three generations (in succession), it is not necessary to produce a title; possession is decisive in that case. 28. In suits regarding immovable property, (pos- 23,24. Smritiz. pité pitimaho yasya giveé ka prapitdmahad | trimsat sama ya tu bhukt4 bhimir avy&hat& paraif u bhuktiz sa paurushf g#ey4 dviguz4 4a dvipaurushf 1 tripaurusht 4a trigua4 paratah sya firantanf 25. Smritif. yatrahartaébhiyuktah sy4l lekhyam sdksht tada gurus | tadabh4ve tu putraxam bhuktir eka gartyasf ut 26. Smritié. bhuktis tripurusht yé 4a Aaturthe sampravartita | tad bhogasthiratam yAti na prikkhed Agamam kvasit ut 24. Smritiz. anishedhena yad bhuktam purushais tribhir eva tu t tatra naivagama/ karyo bhuktis tatra gariyasf u 28. Smritif. sthavareshu vivideshu kramét tripurushf 4a ya | svatantraiva hi s4 g#ey4 pramfnam sadhyanirnaye tt 314 BRIHASPATI. IX, 29. session) held by three generations in succession, should be considered as valid, and makes evidence in the decision of a cause. 29. He whose possession has passed through three lives, and is duly substantiated by a written title, cannot be deprived of it; such possession is equal to the gift of the Veda.
229. He whose possession has passed through three lives, and is duly substantiated by a written title, cannot be deprived of it; such possession is equal to the gift of the Veda. 30. He whose possession has passed through three lives and has been inherited from his ancestors, cannot be deprived of it, unless a previous grant should be in existence (in which the same property has been granted to a different person by the king). 31. That possession is valid in law which is uninterrupted and of long standing; interrupted possession even is (recognised as valid), if it has been substantiated by an ancestor. 32. A witness prevails over inference; a writing prevails over witnesses; undisturbed possession which has passed through three lives prevails over both. 33. When an event (forming the subject of a plaint) has occurred long ago, and no witnesses are forthcoming, he should examine indirect witnesses, or he should administer oaths, or should try artifice. 29. Smritif. yasya tripurushé bhukti#? samyag lekhyasamanvita | evamvidha brahmadey4 hartum tasya na sakyate The ‘gift of the Veda,’ i. e. instruction is mentioned as an instance of an inalienable gift. 30. Smritiz. yasya tripurusha bhuktiA paramparyakramégaté | na sa AAlayitum saky4 pirvakaé &hasan4d rite 3r. Smritif. bhuktir balavatf sAstrespy aviéksinnA firantant vikkhinnapi hi sé g#eya y4 tw pfirvaprasddhita u ‘If it has been substantiated by an ancestor,’ i.e. if a previous possessor has adduced a legitimate title. 32. Raghunandana, p. 49. 33. Viram. p. 223. X, 8 ORDEALS. 315 X. ORDEALS. 1. A forger of gems, pearl, or coral, one withholding a deposit, a ruffian, and an adulterer, shall be tested by oaths or ordeals in every case. 2. In charges relating to a heavy crime or to the appropriation of a deposit, the king should try the cause by ordeals, even though there be witnesses. 3. When a thing has happened long ago or in secret, or when the witnesses have disappeared long ago, or are perjured all of them, the trial should be conducted by having recourse to an ordeal. 4. The balance, fire, water, poison, and, fifthly, sacred libation ; sixthly, grains of rice ; seventhly, a hot piece of gold, are declared (to be ordeals). 5. The ploughshare is mentioned as the eighth kind, the ordeal by Dharma (and Adharma) as the ninth. All these ordeals have been ordained by the Self-existent (Brahman). 6. Truth, a vehicle, weapons, cows, seeds, and gold, venerable gods or Brahmans, the heads of sons or wives: 7. By these have oaths been ordained, which are easy to perform and proper for trifling occasions. 8. When a quarrel between two litigants has arisen regarding a debt or other charge, that ordeal X, 1-3. Viram. p. 114. 4. M. Macn. X, 1, 2 (uncertain); Viram. p. 225. 5. Viram. p. 22g. For a description of the ordeal by Dharma and Adharma, see the laws of Pitamaha. 6, 7. Viram. p. 226. See Manu VIII, 114; Nfrada I, 19, 248 (above, p. 100).
3Viram. p. 114. 4. M. Macn. X, 1, 2 (uncertain); Viram. p. 225. 5. Viram. p. 22g. For a description of the ordeal by Dharma and Adharma, see the laws of Pitamaha. 6, 7. Viram. p. 226. See Manu VIII, 114; Nfrada I, 19, 248 (above, p. 100). 8. Zod. rin&dishu tu karyeshu visamvade parasparam | divyam samkhyanvitam deyam purushapekshayé tatha 316 BRIHASPATI. X, 9: must be administered which corresponds to the amount (of the sum in dispute) and to the (character or strength of the) individual (to be examined). g. (The ordeal by) poison should be administered when (property worth) a thousand (Pamas) has been stolen ; (the ordeal by) fire, when a quarter less than that (or 750, has been stolen). 10. When the charge concerns four hundred, the hot piece of gold should be administered. (When it concerns) three hundred, the grains of rice should be given ; and the sacred libation, (when it concerns). half of that. 11, When a hundred has been stolen or falsely denied, purgation by Dharma should be administered. Thieves of cows should be subjected by preference to the (ordeal by the) ploughshare by the judges. 12, These figures are applicable in the case of low persons ; for persons of a middling kind, double is ordained; and for persons of the highest rank, the amount has to be fixed four times as high by persons entrusted with judicial affairs. 13. The quantities (of various coins or weights), beginning with a floating particle of dust and ending with a K&arshapama, have been declared by Manu. They are applicable both to ordeals and to fines. 14. A Nishka is four Suvarvas. A Pama of g-12. Viram. p. 230. I read, with Smrvtif., Aatudsatabhiyoge in 10, and sabhyaif# phalam prayatnatad in rr. 11. Dharma, ‘test of right and wrong,’ is the ordeal which consists of drawing lots or slips of white and black paper. 1z. ‘Eminent persons,’ through their birth, qualities, or virtue. The same interpretation applies to the two other terms. Viram. 13. Viram. p. 233. See Manu VIII, 131-138. 14,15. Viram. p. 234. I read Adndik& for Aandriké in 11, with Viramitrodaya. X, 20. ORDEALS. 317 copper is a K4rshika (having the weight of one Karsha). A coin made of a Karsha of copper has to be known as a K4rshika Pama. 15. It is also called an Amdika. Four such are a Dhdnaka. Twelve of the latter are a Suvarma. That is also called a Dinara (denarius). 16. (The testimony of) witnesses is apt to become invalid, whether it be through affection, anger, or avarice. An ordeal properly administered never loses its validity. 17. When a doubt arises with regard to a document or oral evidence, and when ratiocination also fails, purgation through ordeal (is the proper test). 18, Let an ordeal be administered according to the established rule by persons acquainted with the rule of ordeals. If it is administered against the rule, ‘it is ineffective as a means of proving what ought to be proved. .
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.
122. 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. 19,20. Zod. bhimer abhuktir lekhyasya yathak4lam adarsanam | asmarazam sAkshinim ka svarthahfnikarami 4a tasm4d yatnena kartavyam pramanaparipalanam | tena kary4mi sidhyanti sthavarani harani ka 21. Smriti&. na strizim upabhogad sydd vind lekhyam kathamana | ragasrotriyavitte 4a gadabaladhane tatha ui 22. Smritiz. bhuktikevalay4 naiva bhimiA siddhim avapnuyat | agamen4pi suddhena dvabhy4m sidhyati nanyatha tt IX, 28. POSSESSION. 313 23. Should even the father, grandfather, and greatgrandfather of a man be alive, land having been possessed by him for thirty years, without intervention of strangers, 24. It should be considered as possession extending over one generation; possession continued for twice that period (is called possession) extending over two generations ; possession continued for three times that period (is called possession) extending over three generations. (Possession continued) longer than that even, is (called) possession of long standing. 25. When the present occupant is impeached, a document or witness is (considered as) decisive. When he is no longer in existence, possession alone is decisive for his sons. 26. When possession extending over three generations has descended to the fourth generation, it becomes legitimate possession, and a title must never be inquired for. 27. When possession undisturbed (by others) has been held by three generations (in succession), it is not necessary to produce a title; possession is decisive in that case. 28. In suits regarding immovable property, (pos- 23,24. Smritiz. pité pitimaho yasya giveé ka prapitdmahad | trimsat sama ya tu bhukt4 bhimir avy&hat& paraif u bhuktiz sa paurushf g#ey4 dviguz4 4a dvipaurushf 1 tripaurusht 4a trigua4 paratah sya firantanf 25. Smritif. yatrahartaébhiyuktah sy4l lekhyam sdksht tada gurus | tadabh4ve tu putraxam bhuktir eka gartyasf ut 26. Smritié. bhuktis tripurusht yé 4a Aaturthe sampravartita | tad bhogasthiratam yAti na prikkhed Agamam kvasit ut 24. Smritiz. anishedhena yad bhuktam purushais tribhir eva tu t tatra naivagama/ karyo bhuktis tatra gariyasf u 28. Smritif. sthavareshu vivideshu kramét tripurushf 4a ya | svatantraiva hi s4 g#ey4 pramfnam sadhyanirnaye tt 314 BRIHASPATI. IX, 29. session) held by three generations in succession, should be considered as valid, and makes evidence in the decision of a cause. 29. He whose possession has passed through three lives, and is duly substantiated by a written title, cannot be deprived of it; such possession is equal to the gift of the Veda.
229. He whose possession has passed through three lives, and is duly substantiated by a written title, cannot be deprived of it; such possession is equal to the gift of the Veda. 30. He whose possession has passed through three lives and has been inherited from his ancestors, cannot be deprived of it, unless a previous grant should be in existence (in which the same property has been granted to a different person by the king). 31. That possession is valid in law which is uninterrupted and of long standing; interrupted possession even is (recognised as valid), if it has been substantiated by an ancestor. 32. A witness prevails over inference; a writing prevails over witnesses; undisturbed possession which has passed through three lives prevails over both. 33. When an event (forming the subject of a plaint) has occurred long ago, and no witnesses are forthcoming, he should examine indirect witnesses, or he should administer oaths, or should try artifice. 29. Smritif. yasya tripurushé bhukti#? samyag lekhyasamanvita | evamvidha brahmadey4 hartum tasya na sakyate The ‘gift of the Veda,’ i. e. instruction is mentioned as an instance of an inalienable gift. 30. Smritiz. yasya tripurusha bhuktiA paramparyakramégaté | na sa AAlayitum saky4 pirvakaé &hasan4d rite 3r. Smritif. bhuktir balavatf sAstrespy aviéksinnA firantant vikkhinnapi hi sé g#eya y4 tw pfirvaprasddhita u ‘If it has been substantiated by an ancestor,’ i.e. if a previous possessor has adduced a legitimate title. 32. Raghunandana, p. 49. 33. Viram. p. 223. X, 8 ORDEALS. 315 X. ORDEALS. 1. A forger of gems, pearl, or coral, one withholding a deposit, a ruffian, and an adulterer, shall be tested by oaths or ordeals in every case. 2. In charges relating to a heavy crime or to the appropriation of a deposit, the king should try the cause by ordeals, even though there be witnesses. 3. When a thing has happened long ago or in secret, or when the witnesses have disappeared long ago, or are perjured all of them, the trial should be conducted by having recourse to an ordeal. 4. The balance, fire, water, poison, and, fifthly, sacred libation ; sixthly, grains of rice ; seventhly, a hot piece of gold, are declared (to be ordeals). 5. The ploughshare is mentioned as the eighth kind, the ordeal by Dharma (and Adharma) as the ninth. All these ordeals have been ordained by the Self-existent (Brahman). 6. Truth, a vehicle, weapons, cows, seeds, and gold, venerable gods or Brahmans, the heads of sons or wives: 7. By these have oaths been ordained, which are easy to perform and proper for trifling occasions. 8. When a quarrel between two litigants has arisen regarding a debt or other charge, that ordeal X, 1-3. Viram. p. 114. 4. M. Macn. X, 1, 2 (uncertain); Viram. p. 225. 5. Viram. p. 22g. For a description of the ordeal by Dharma and Adharma, see the laws of Pitamaha. 6, 7. Viram. p. 226. See Manu VIII, 114; Nfrada I, 19, 248 (above, p. 100).
3Viram. p. 114. 4. M. Macn. X, 1, 2 (uncertain); Viram. p. 225. 5. Viram. p. 22g. For a description of the ordeal by Dharma and Adharma, see the laws of Pitamaha. 6, 7. Viram. p. 226. See Manu VIII, 114; Nfrada I, 19, 248 (above, p. 100). 8. Zod. rin&dishu tu karyeshu visamvade parasparam | divyam samkhyanvitam deyam purushapekshayé tatha 316 BRIHASPATI. X, 9: must be administered which corresponds to the amount (of the sum in dispute) and to the (character or strength of the) individual (to be examined). g. (The ordeal by) poison should be administered when (property worth) a thousand (Pamas) has been stolen ; (the ordeal by) fire, when a quarter less than that (or 750, has been stolen). 10. When the charge concerns four hundred, the hot piece of gold should be administered. (When it concerns) three hundred, the grains of rice should be given ; and the sacred libation, (when it concerns). half of that. 11, When a hundred has been stolen or falsely denied, purgation by Dharma should be administered. Thieves of cows should be subjected by preference to the (ordeal by the) ploughshare by the judges. 12, These figures are applicable in the case of low persons ; for persons of a middling kind, double is ordained; and for persons of the highest rank, the amount has to be fixed four times as high by persons entrusted with judicial affairs. 13. The quantities (of various coins or weights), beginning with a floating particle of dust and ending with a K&arshapama, have been declared by Manu. They are applicable both to ordeals and to fines. 14. A Nishka is four Suvarvas. A Pama of g-12. Viram. p. 230. I read, with Smrvtif., Aatudsatabhiyoge in 10, and sabhyaif# phalam prayatnatad in rr. 11. Dharma, ‘test of right and wrong,’ is the ordeal which consists of drawing lots or slips of white and black paper. 1z. ‘Eminent persons,’ through their birth, qualities, or virtue. The same interpretation applies to the two other terms. Viram. 13. Viram. p. 233. See Manu VIII, 131-138. 14,15. Viram. p. 234. I read Adndik& for Aandriké in 11, with Viramitrodaya. X, 20. ORDEALS. 317 copper is a K4rshika (having the weight of one Karsha). A coin made of a Karsha of copper has to be known as a K4rshika Pama. 15. It is also called an Amdika. Four such are a Dhdnaka. Twelve of the latter are a Suvarma. That is also called a Dinara (denarius). 16. (The testimony of) witnesses is apt to become invalid, whether it be through affection, anger, or avarice. An ordeal properly administered never loses its validity. 17. When a doubt arises with regard to a document or oral evidence, and when ratiocination also fails, purgation through ordeal (is the proper test). 18, Let an ordeal be administered according to the established rule by persons acquainted with the rule of ordeals. If it is administered against the rule, ‘it is ineffective as a means of proving what ought to be proved. .
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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