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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1The same rule is ordained in the case of a gift or a sale. 36. Which course should be adopted in cases of a competition between three different acts, the identical property having been sold, mortgaged, and given away on one and the same day ? 37. The three parties should divide that lawful property of theirs among themselves in proportionate shares, the two first in the ratio of their respective claims, whereas the donee ought to obtain a full third. 38. The pledgee can never be compelled to restore the pledge against his will, before the whole amount due to him has been paid, nor must (the pledge be obtained from him) by deceit or by (the mode called) Karita. the recovery of the loan, attended by the restoration of the pledge to the pledger, takes place after the lapse of the stipulated period. By mutual consent, however, it may take place before that time. 34. The term ‘a field’ includes by implication any pledge for use. Viram. p. 312. Other commentators add that possession must have been obtained without forcible means. Col. Dig. I, 3, 132. 35. Smriiz. ; Col. Dig. I, 3, 133; Ratn. p. 37. 36, 37. Viram. p. 314 (‘ Vasishéha’); V. T. 38. Ratn. p. 27; Col. Dig. I, 3, 102. Regarding the mode called Xarita or Afarita, see below, XI, 58. XI, 43. THE LAW OF DEBT. 327 39. For appearance, for confidence, for payment, and for delivering the assets of the debtor: it is for these four different purposes that sureties have been ordained by the sages in the system (of law). 40. The first says, ‘1 will produce (that man) ;’ the second (says), ‘He is a respectable man;’ the third (says), ‘1 will pay the debt ;” the fourth (says), ‘T will deliver his assets.’ 41. If the debtors fail in their engagements, the two first (sureties themselves, but not their sons) must pay the sum lent at the appointed time ; both the two last (sureties), and in default of them their sons (are liable for the debt), when the debtors break their promise (to pay the debt). 42. The creditor should allow time for the surety to search for a debtor who has absconded ; a fort+ night, a month, a month and a half, according to.{ghe distance of) the place (where he is supposed, fo be mang himself). 3. (Sureties) must not be excessively harassed ; they should be made to pay the debt by instalments; 39. Col. Dig. I, 4, 142; Viram. p. 321; Viv. p. 27. The author of the last-mentioned work reads rive dravy4rpane for rinidravy4rpane, which reading he refers to as the traditional one, and defines the fourth kind of surety to be one who vouches for the return of articles lent for use, such as ornaments for a festivity.
2p. 321; Viv. p. 27. The author of the last-mentioned work reads rive dravy4rpane for rinidravy4rpane, which reading he refers to as the traditional one, and defines the fourth kind of surety to be one who vouches for the return of articles lent for use, such as ornaments for a festivity. 40. May. p. 107. The first surety promises to produce a debtor, who is likely to abscond; the second vouches for the debtor’s honesty, declaring that he is a virtuous man, who will not deceive the creditor; the third promises to pay the debt himself together with the interest, if the debtor should fail to pay it; the fourth promises to deliver his movable property, such as household furniture, in the same case. 41. May. p. 107. 42, 43. Viram. pp. 323, 328; Col. Dig. I, 4, 148; Ratn. p. 45. 328 BRIHASPATI. XI, 44. they must not be attacked when the debtor is present: such is the law regarding sureties. 44. When (a surety), being harassed, pays a proved debt which he has vouched for, (the debtor) shall pay him twice as much, after the lapse of a month and a half. 45. Should foolish (sureties) in good faith pay the debt, though not required to do so, or on being required to pay a different debt, how and from whom can they recover that sum ? 46. By whom, to whom, and how, should, or should not, be paid a loan which has been received from the hands of another man in the shape of a loan on interest, will now be declared. 47. A loan shall be restored on demand, if no time has been fixed (for its restoration); or on the expiration of the time (if a definite period has been fixed) ; or when interest ceases (on becoming equal to the principal). If the father is no longer alive, (the debt must be paid) by his sons. 48. The father’s debt must be paid first of all, and after that, a man’s own debt; but a debt contracted by the paternal grandfather must always be paid before these two even. 49. The father’s debt, on being proved, must be paid by the sons as if it were their own; the grandfather’s debt must be paid (by his son’s sons) without 44. Viram. p. 328. 45. Ratn. p. 46; Col. Dig. I, 4, 163. 46. Ratn. p. 47; Col. Dig. I, 5, 166. 47. Ratn. p. 47; Col. Dig. I, 5, 166 ; Viv. p. 32. 48. Ratn. p. 47; Col. Dig. I, 5,167; May. p. 112. 49. May. p.112; Col. Dig. I, 5,167. ‘As if it were their own,’ i.e. with interest. Ratn. XI, 54. THE LAW OF DEBT. 329 interest; but the son of a grandson need not pay it at all. 50. When a debt has been incurred, for the benefit of the household, by an uncle, brother, son, wife, slave, pupil, or dependant, it must be paid by the head of the family. ‘51. Sons shall not be made to pay (a debt incurred by their father) for spirituous liquor, for losses at play, for idle gifts, for promises made under the influence of love or wrath, or for suretyship, nor the balance of a fine or toll (liquidated in part by their father).
3‘51. Sons shall not be made to pay (a debt incurred by their father) for spirituous liquor, for losses at play, for idle gifts, for promises made under the influence of love or wrath, or for suretyship, nor the balance of a fine or toll (liquidated in part by their father). 52. The liability for the debts devolves on the successor to the estate, when the son is involved in calamity; or on the taker of the widow, in default of a successor to the estate. 53. Debts contracted by the wives of distillers of spirituous liquor, hunters, washermen, herdsmen, barbers or the like persons, shall be paid by their protector ; they were contracted for the affairs of their husbands. 54. When (a debtor) has acknowledged a debt, it may be recovered from him by the expedients of friendly expostulation and the rest, by moral suasion, 50. Ratn. p. 543; Col. Dig. I, 5, 189; Viv. p. 39. 51. Ratn. p. 57; Col. Dig. I, 5, 201; May. p.113. Regarding promises made under the influence of love or wrath, see Katy4yana X, 53, 54: 52. Ratn. p. 64; Col. Dig. I, 5,174; May. p. 114; Viv. p. 37. 53. Viram. p. 354 (‘ Katyayana’); Col. Dig. I, 5, 217; Ratn. p-60. ‘Protector’ means husband. Ratn. ‘Barbers,’ napita, are referred to according to the reading of the Ratnakara. The Viramitrodaya reads nfvika, ‘sailors,’ which reading is mentioned as a varia lectio in the Ratnfkara. Colebrooke has ‘shepherds.’ 54. Col. Dig. I, 6, 244; May. p. 109. 330 BRIHASPATI. XI, 55. by artful management, by compulsion, and by confinement at his house. 55. When a debtor is caused to pay by the advice of friends or kinsmen, by friendly remonstrances, by constant following, or by (the creditor) starving himself to death, it is termed moral suasion. 56. When acreditor, with a crafty design, borrows anything from his debtor, for his own use, or withholds an Anvahita deposit or the like, and thus enforces payment of the debt, it is termed artful management, 57. When a debtor is fettered and conducted into (the creditor's) own house, where he is compelled to pay the debt by beating or other (forcible) means, it is called compulsion. 58. When a debtor is made to pay by confining his wife, son or cattle, and by watching at his door, it is termed Aéarita (the customary mode). 59. An indigent debtor may be taken to his own house by the creditor and compelled to do work there, such as distilling spirits and the like; but a Brahman must be made to pay gradually. 55. Col. Dig. I, 6, 236; May. p. 109; Ratn. p. 67; Viv. p. 43. The term praya or praéyopavesana corresponds without doubt to the modern custom of Dharma, or ‘ fasting upon’ a debtor, when the creditor places himself before the debtor’s house and threatens to starve himself to death, unless the debt be paid. It is true that some commentators interpret prdya by ‘importunate demands’ (prarthanabahulya or prarthan4).
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.
1The same rule is ordained in the case of a gift or a sale. 36. Which course should be adopted in cases of a competition between three different acts, the identical property having been sold, mortgaged, and given away on one and the same day ? 37. The three parties should divide that lawful property of theirs among themselves in proportionate shares, the two first in the ratio of their respective claims, whereas the donee ought to obtain a full third. 38. The pledgee can never be compelled to restore the pledge against his will, before the whole amount due to him has been paid, nor must (the pledge be obtained from him) by deceit or by (the mode called) Karita. the recovery of the loan, attended by the restoration of the pledge to the pledger, takes place after the lapse of the stipulated period. By mutual consent, however, it may take place before that time. 34. The term ‘a field’ includes by implication any pledge for use. Viram. p. 312. Other commentators add that possession must have been obtained without forcible means. Col. Dig. I, 3, 132. 35. Smriiz. ; Col. Dig. I, 3, 133; Ratn. p. 37. 36, 37. Viram. p. 314 (‘ Vasishéha’); V. T. 38. Ratn. p. 27; Col. Dig. I, 3, 102. Regarding the mode called Xarita or Afarita, see below, XI, 58. XI, 43. THE LAW OF DEBT. 327 39. For appearance, for confidence, for payment, and for delivering the assets of the debtor: it is for these four different purposes that sureties have been ordained by the sages in the system (of law). 40. The first says, ‘1 will produce (that man) ;’ the second (says), ‘He is a respectable man;’ the third (says), ‘1 will pay the debt ;” the fourth (says), ‘T will deliver his assets.’ 41. If the debtors fail in their engagements, the two first (sureties themselves, but not their sons) must pay the sum lent at the appointed time ; both the two last (sureties), and in default of them their sons (are liable for the debt), when the debtors break their promise (to pay the debt). 42. The creditor should allow time for the surety to search for a debtor who has absconded ; a fort+ night, a month, a month and a half, according to.{ghe distance of) the place (where he is supposed, fo be mang himself). 3. (Sureties) must not be excessively harassed ; they should be made to pay the debt by instalments; 39. Col. Dig. I, 4, 142; Viram. p. 321; Viv. p. 27. The author of the last-mentioned work reads rive dravy4rpane for rinidravy4rpane, which reading he refers to as the traditional one, and defines the fourth kind of surety to be one who vouches for the return of articles lent for use, such as ornaments for a festivity.
2p. 321; Viv. p. 27. The author of the last-mentioned work reads rive dravy4rpane for rinidravy4rpane, which reading he refers to as the traditional one, and defines the fourth kind of surety to be one who vouches for the return of articles lent for use, such as ornaments for a festivity. 40. May. p. 107. The first surety promises to produce a debtor, who is likely to abscond; the second vouches for the debtor’s honesty, declaring that he is a virtuous man, who will not deceive the creditor; the third promises to pay the debt himself together with the interest, if the debtor should fail to pay it; the fourth promises to deliver his movable property, such as household furniture, in the same case. 41. May. p. 107. 42, 43. Viram. pp. 323, 328; Col. Dig. I, 4, 148; Ratn. p. 45. 328 BRIHASPATI. XI, 44. they must not be attacked when the debtor is present: such is the law regarding sureties. 44. When (a surety), being harassed, pays a proved debt which he has vouched for, (the debtor) shall pay him twice as much, after the lapse of a month and a half. 45. Should foolish (sureties) in good faith pay the debt, though not required to do so, or on being required to pay a different debt, how and from whom can they recover that sum ? 46. By whom, to whom, and how, should, or should not, be paid a loan which has been received from the hands of another man in the shape of a loan on interest, will now be declared. 47. A loan shall be restored on demand, if no time has been fixed (for its restoration); or on the expiration of the time (if a definite period has been fixed) ; or when interest ceases (on becoming equal to the principal). If the father is no longer alive, (the debt must be paid) by his sons. 48. The father’s debt must be paid first of all, and after that, a man’s own debt; but a debt contracted by the paternal grandfather must always be paid before these two even. 49. The father’s debt, on being proved, must be paid by the sons as if it were their own; the grandfather’s debt must be paid (by his son’s sons) without 44. Viram. p. 328. 45. Ratn. p. 46; Col. Dig. I, 4, 163. 46. Ratn. p. 47; Col. Dig. I, 5, 166. 47. Ratn. p. 47; Col. Dig. I, 5, 166 ; Viv. p. 32. 48. Ratn. p. 47; Col. Dig. I, 5,167; May. p. 112. 49. May. p.112; Col. Dig. I, 5,167. ‘As if it were their own,’ i.e. with interest. Ratn. XI, 54. THE LAW OF DEBT. 329 interest; but the son of a grandson need not pay it at all. 50. When a debt has been incurred, for the benefit of the household, by an uncle, brother, son, wife, slave, pupil, or dependant, it must be paid by the head of the family. ‘51. Sons shall not be made to pay (a debt incurred by their father) for spirituous liquor, for losses at play, for idle gifts, for promises made under the influence of love or wrath, or for suretyship, nor the balance of a fine or toll (liquidated in part by their father).
3‘51. Sons shall not be made to pay (a debt incurred by their father) for spirituous liquor, for losses at play, for idle gifts, for promises made under the influence of love or wrath, or for suretyship, nor the balance of a fine or toll (liquidated in part by their father). 52. The liability for the debts devolves on the successor to the estate, when the son is involved in calamity; or on the taker of the widow, in default of a successor to the estate. 53. Debts contracted by the wives of distillers of spirituous liquor, hunters, washermen, herdsmen, barbers or the like persons, shall be paid by their protector ; they were contracted for the affairs of their husbands. 54. When (a debtor) has acknowledged a debt, it may be recovered from him by the expedients of friendly expostulation and the rest, by moral suasion, 50. Ratn. p. 543; Col. Dig. I, 5, 189; Viv. p. 39. 51. Ratn. p. 57; Col. Dig. I, 5, 201; May. p.113. Regarding promises made under the influence of love or wrath, see Katy4yana X, 53, 54: 52. Ratn. p. 64; Col. Dig. I, 5,174; May. p. 114; Viv. p. 37. 53. Viram. p. 354 (‘ Katyayana’); Col. Dig. I, 5, 217; Ratn. p-60. ‘Protector’ means husband. Ratn. ‘Barbers,’ napita, are referred to according to the reading of the Ratnakara. The Viramitrodaya reads nfvika, ‘sailors,’ which reading is mentioned as a varia lectio in the Ratnfkara. Colebrooke has ‘shepherds.’ 54. Col. Dig. I, 6, 244; May. p. 109. 330 BRIHASPATI. XI, 55. by artful management, by compulsion, and by confinement at his house. 55. When a debtor is caused to pay by the advice of friends or kinsmen, by friendly remonstrances, by constant following, or by (the creditor) starving himself to death, it is termed moral suasion. 56. When acreditor, with a crafty design, borrows anything from his debtor, for his own use, or withholds an Anvahita deposit or the like, and thus enforces payment of the debt, it is termed artful management, 57. When a debtor is fettered and conducted into (the creditor's) own house, where he is compelled to pay the debt by beating or other (forcible) means, it is called compulsion. 58. When a debtor is made to pay by confining his wife, son or cattle, and by watching at his door, it is termed Aéarita (the customary mode). 59. An indigent debtor may be taken to his own house by the creditor and compelled to do work there, such as distilling spirits and the like; but a Brahman must be made to pay gradually. 55. Col. Dig. I, 6, 236; May. p. 109; Ratn. p. 67; Viv. p. 43. The term praya or praéyopavesana corresponds without doubt to the modern custom of Dharma, or ‘ fasting upon’ a debtor, when the creditor places himself before the debtor’s house and threatens to starve himself to death, unless the debt be paid. It is true that some commentators interpret prdya by ‘importunate demands’ (prarthanabahulya or prarthan4).
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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