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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1It is true that some commentators interpret prdya by ‘importunate demands’ (prarthanabahulya or prarthan4). 56. Col. Dig. I, 6,238; May. p. 109, &c. ‘ With a crafty design,’ as e. g. when valuable ornaments are borrowed from the debtor, on the pretence of using them at a festivity. ‘An Anvahita deposit’ is an article deposited for delivery to another person. Viram. p. 333- 57. Col. Dig. I, 6, 240. 58. Col. Dig. I, 6, 239. 59. Ratn. p. 71; Col. Dig. I, 6, 246. XI, 65. THE LAW OF DEBT. 331 60. When the time fixed (for payment) has elapsed, and the interest has ceased (on becoming equal to the principal), the debtor may either recover his loan or cause a new bond to be written in the form of compound interest. 61. As compound interest is taken on the doubled principal, so does the use of a pledge (become a new principal), the debt together with the interest being considered as the (new) principal. 62. This rule concerns an acknowledged (debt) ; but (a debtor) denying (his liability) shall be compelled to pay, on the debt being proved in a (judicial) assembly by a document or by witnesses. 63. (A debtor) claiming judicial investigation in a doubtful case, shall never be put under restraint (by the creditor). He who puts under restraint one not liable to such treatment, shall be fined according to law. 64. A debtor who makes a declaration in this form, ‘What may be found to be justly due, that I will pay,’ is termed ‘one claiming judicial investigation.’ 65. When there is a difference of opinion between the two parties regarding the nature (of the loan), or the number or the like, or the (amount of) interest, 60. May. p. 110; Col. Dig. I, 6, 255. The new bond is to be one in which the interest is calculated on the interest added to the principal, i.e. on the doubled principal. 61. Ratn. p. 72; Col. Dig. I, 6, 259. The comparison here proposed relates to the case when a pledge for use has been accidentally destroyed, and a new bond is executed, in which the interest is calculated on the principal together with the lost usufruct. 62. Ratn. p. 75; May. p. 110; Col. Dig. I, 6, 160. 63. May. p. 110; Col. Dig. I, 6, 161. 63-65. Ratn. p. 25. 64. May. p. 110; Col. Dig. I, 6, 162. 65. Col. Dig. 1, 6, 163. ‘The nature of the loan,’ whether it be gold or silver, &c.; ‘or the like,’ such as the pledge given, &c. Ratn. 332 BRIHASPATI. XI, 66. or whether the sum be due or not, it is termed a doubtful case. 66. Should a man, after recovering his debt by moral suasion or one of the other modes, fail to receipt it on the bond, or to give a deed of acquittance, it shall yield interest (to the debtor). XII. Deposits. 1. The Law of Debt, beginning with the delivery of a loan and ending with its recovery, has been declared. Hear, now, the complete set of rules concerning Deposits.
2XII. Deposits. 1. The Law of Debt, beginning with the delivery of a loan and ending with its recovery, has been declared. Hear, now, the complete set of rules concerning Deposits. 2. When any chattel is deposited in the house of another man, through fear of the king, robbers, or other dangers, or for the purpose of deceiving one’s heirs, it is called a Nydsa deposit. 3. When a chattel enclosed in a cover and marked with a seal (is deposited) without describing its nature or quantity, and without showing it, it is termed an Aupanidhika deposit. 4. Let a man make a deposit, after duly considering the place, house, master of the house, the power, means, qualities, veracity, and kindred (of the depositary). 5. (A deposit) is declared to be of two sorts: 66. Ratn. p. 80; Col. Dig. I, 6, 288. The term vriddhi, ‘interest,’ is interpreted ‘forfeiture’ by a certain number of commentators. This erroneous interpretation has been adopted by Colebrooke. Sir W. Jones has the correct translation. XII, x. Ratn. p. 83; Col. Dig. II, 1, 1. 2. Ratn. p. 83; Col. Dig. II, 1, 6; Viram. p. 361. 3. Ratn. p. 83; Col. Dig. II, 1, 7 (with several different readings). 4. Ratn. p. 85; Col. Dig. II, 1, 14. 5-8. Ratn. pp. 85, 86; Col. Dig. II, 1, 19. XII, 1. DEPOSITS. 333 attested, or deposited in private; it must be guarded with the same care as a son ; for it would be destroyed by neglect. 6. The merit of one who preserves a deposit or one who places himself under his protection, is equal to the merit of one who gives (articles made of) gold, or of base metal, or clothes. 7. The sin of those who consume or spoil (by negligence) a bailed chattel is as great as (the sin) of a woman who injures her husband, or of a man who kills his son or his friend. 8. It is the best course not to accept a deposit ; but to destroy it (after having received it) is disgraceful ; after having taken it, a man should keep it carefully and restore it when it has been asked for even once only. 9. A deposit must be returned to the very man who bailed it, in the very manner in which it was bailed ; it must not be delivered to the successor of that man, 10. When a deposit is destroyed, together with the goods of the depositary, by the act of fate or of the king, (the depositary) is not to blame. 11. If the depositary should suffer the deposit to be destroyed by his want of care or indifference, or should refuse to restore it on being asked for it, he shall be made to pay (the value of) it with interest. 6,9. May. p. 115. 4, 8. Col. Dig. II, 1, 19. g. Col. Dig. II, 1,18; Viv. p. 51; Ratn. p. 87. 1o. Ratn. p. 88; Col. Dig. Il, 1, 23; Viram. p. 362; May. p. 116. 11. Ratn. p. 90; Col. Dig. II, 1, 34; May. p.116; Viv. p. 53. The commentators take bheda, ‘ want of care,’ to mean separation of the deposit from the depositary’s own property, and bestowing less care on it than on the effects of the depositary. 334 BRIHASPATI. XII, 12.
3p. 362; May. p. 116. 11. Ratn. p. 90; Col. Dig. II, 1, 34; May. p.116; Viv. p. 53. The commentators take bheda, ‘ want of care,’ to mean separation of the deposit from the depositary’s own property, and bestowing less care on it than on the effects of the depositary. 334 BRIHASPATI. XII, 12. 12, Should any (depositary) procure advantage for himself by an article deposited (with him), he shall be fined by the king, and compelled to pay its value together with interest. 13. He who, after receiving a deposit, denies the fact, and is convicted by (the evidence of) witnesses or ordeal, shall be compelled to give up the deposit and to pay an equal amount as a fine. 14. When a dispute arises with regard to a deposit privately made, the performance of an ordeal is ordained for both parties, to establish the facts of the case. 15. The same set of rules applies in the case of a bailment for delivery (to a third person), a loan for use, an article delivered to an artist (such as gold delivered to a goldsmith to be worked by him into an earring), a pledge, and a person offering himself for protection. XIII. Sate witHoutT OWNERSHIP. 1. Immediately after deposits, sale by another person than the owner has been declared by Bhyzgu; listen attentively, I will expound that subject thoroughly. 12. Ratn. p. 91; Col. Dig. IJ, 1, 31. The commentators observe that the use here referred to must have been made without the consent of the owner. 13. Ratn. p. 93; Col. Dig. II, 1, 45. 14. Ratn. p. 95; Viram. p. 366. The term ‘both parties’ is used in order to imply that the ordeal may be performed either by the alleged depositor or depositary. Vfram. 15. May. p.116; Ratn. p. 96; Viv. p. 54. 14, 15. Col. Dig. II, 1, 12. XIII, 1. Ratn, p. 101; Col. Dig. II, 2, 1. XIII, 8. SALE WITHOUT OWNERSHIP. 335 2. An open deposit, a bailment for delivery (Anvdhita), a Nydsa (sealed) deposit, stolen property, a pledge, or what has been borrowed for use: when any one of these articles has been. sold in secret by a man, he is declared a person different from the owner (asvdmin). 3. When the vendor has been produced and has been cast in the suit, (the judge) shall cause him to pay the price and a fine to the buyer and king respectively, and to restore the property to the owner. 4. When the former owner comes forward and makes good his claim to the thing bought, the vendor shall be produced (by the purchaser); by doing so, the purchaser may clear himself. 5. That greedy man who covets another man’s property, without having any claim to it, shall be compelled to pay twice the value (of the property claimed) as a fine, if he is unable to prove his claim. 6. When there is no evidence in a suit, the king shall consider the character of the parties and pass a decree himself, according to the equal, greater, or less (credibility of the parties).
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.
1It is true that some commentators interpret prdya by ‘importunate demands’ (prarthanabahulya or prarthan4). 56. Col. Dig. I, 6,238; May. p. 109, &c. ‘ With a crafty design,’ as e. g. when valuable ornaments are borrowed from the debtor, on the pretence of using them at a festivity. ‘An Anvahita deposit’ is an article deposited for delivery to another person. Viram. p. 333- 57. Col. Dig. I, 6, 240. 58. Col. Dig. I, 6, 239. 59. Ratn. p. 71; Col. Dig. I, 6, 246. XI, 65. THE LAW OF DEBT. 331 60. When the time fixed (for payment) has elapsed, and the interest has ceased (on becoming equal to the principal), the debtor may either recover his loan or cause a new bond to be written in the form of compound interest. 61. As compound interest is taken on the doubled principal, so does the use of a pledge (become a new principal), the debt together with the interest being considered as the (new) principal. 62. This rule concerns an acknowledged (debt) ; but (a debtor) denying (his liability) shall be compelled to pay, on the debt being proved in a (judicial) assembly by a document or by witnesses. 63. (A debtor) claiming judicial investigation in a doubtful case, shall never be put under restraint (by the creditor). He who puts under restraint one not liable to such treatment, shall be fined according to law. 64. A debtor who makes a declaration in this form, ‘What may be found to be justly due, that I will pay,’ is termed ‘one claiming judicial investigation.’ 65. When there is a difference of opinion between the two parties regarding the nature (of the loan), or the number or the like, or the (amount of) interest, 60. May. p. 110; Col. Dig. I, 6, 255. The new bond is to be one in which the interest is calculated on the interest added to the principal, i.e. on the doubled principal. 61. Ratn. p. 72; Col. Dig. I, 6, 259. The comparison here proposed relates to the case when a pledge for use has been accidentally destroyed, and a new bond is executed, in which the interest is calculated on the principal together with the lost usufruct. 62. Ratn. p. 75; May. p. 110; Col. Dig. I, 6, 160. 63. May. p. 110; Col. Dig. I, 6, 161. 63-65. Ratn. p. 25. 64. May. p. 110; Col. Dig. I, 6, 162. 65. Col. Dig. 1, 6, 163. ‘The nature of the loan,’ whether it be gold or silver, &c.; ‘or the like,’ such as the pledge given, &c. Ratn. 332 BRIHASPATI. XI, 66. or whether the sum be due or not, it is termed a doubtful case. 66. Should a man, after recovering his debt by moral suasion or one of the other modes, fail to receipt it on the bond, or to give a deed of acquittance, it shall yield interest (to the debtor). XII. Deposits. 1. The Law of Debt, beginning with the delivery of a loan and ending with its recovery, has been declared. Hear, now, the complete set of rules concerning Deposits.
2XII. Deposits. 1. The Law of Debt, beginning with the delivery of a loan and ending with its recovery, has been declared. Hear, now, the complete set of rules concerning Deposits. 2. When any chattel is deposited in the house of another man, through fear of the king, robbers, or other dangers, or for the purpose of deceiving one’s heirs, it is called a Nydsa deposit. 3. When a chattel enclosed in a cover and marked with a seal (is deposited) without describing its nature or quantity, and without showing it, it is termed an Aupanidhika deposit. 4. Let a man make a deposit, after duly considering the place, house, master of the house, the power, means, qualities, veracity, and kindred (of the depositary). 5. (A deposit) is declared to be of two sorts: 66. Ratn. p. 80; Col. Dig. I, 6, 288. The term vriddhi, ‘interest,’ is interpreted ‘forfeiture’ by a certain number of commentators. This erroneous interpretation has been adopted by Colebrooke. Sir W. Jones has the correct translation. XII, x. Ratn. p. 83; Col. Dig. II, 1, 1. 2. Ratn. p. 83; Col. Dig. II, 1, 6; Viram. p. 361. 3. Ratn. p. 83; Col. Dig. II, 1, 7 (with several different readings). 4. Ratn. p. 85; Col. Dig. II, 1, 14. 5-8. Ratn. pp. 85, 86; Col. Dig. II, 1, 19. XII, 1. DEPOSITS. 333 attested, or deposited in private; it must be guarded with the same care as a son ; for it would be destroyed by neglect. 6. The merit of one who preserves a deposit or one who places himself under his protection, is equal to the merit of one who gives (articles made of) gold, or of base metal, or clothes. 7. The sin of those who consume or spoil (by negligence) a bailed chattel is as great as (the sin) of a woman who injures her husband, or of a man who kills his son or his friend. 8. It is the best course not to accept a deposit ; but to destroy it (after having received it) is disgraceful ; after having taken it, a man should keep it carefully and restore it when it has been asked for even once only. 9. A deposit must be returned to the very man who bailed it, in the very manner in which it was bailed ; it must not be delivered to the successor of that man, 10. When a deposit is destroyed, together with the goods of the depositary, by the act of fate or of the king, (the depositary) is not to blame. 11. If the depositary should suffer the deposit to be destroyed by his want of care or indifference, or should refuse to restore it on being asked for it, he shall be made to pay (the value of) it with interest. 6,9. May. p. 115. 4, 8. Col. Dig. II, 1, 19. g. Col. Dig. II, 1,18; Viv. p. 51; Ratn. p. 87. 1o. Ratn. p. 88; Col. Dig. Il, 1, 23; Viram. p. 362; May. p. 116. 11. Ratn. p. 90; Col. Dig. II, 1, 34; May. p.116; Viv. p. 53. The commentators take bheda, ‘ want of care,’ to mean separation of the deposit from the depositary’s own property, and bestowing less care on it than on the effects of the depositary. 334 BRIHASPATI. XII, 12.
3p. 362; May. p. 116. 11. Ratn. p. 90; Col. Dig. II, 1, 34; May. p.116; Viv. p. 53. The commentators take bheda, ‘ want of care,’ to mean separation of the deposit from the depositary’s own property, and bestowing less care on it than on the effects of the depositary. 334 BRIHASPATI. XII, 12. 12, Should any (depositary) procure advantage for himself by an article deposited (with him), he shall be fined by the king, and compelled to pay its value together with interest. 13. He who, after receiving a deposit, denies the fact, and is convicted by (the evidence of) witnesses or ordeal, shall be compelled to give up the deposit and to pay an equal amount as a fine. 14. When a dispute arises with regard to a deposit privately made, the performance of an ordeal is ordained for both parties, to establish the facts of the case. 15. The same set of rules applies in the case of a bailment for delivery (to a third person), a loan for use, an article delivered to an artist (such as gold delivered to a goldsmith to be worked by him into an earring), a pledge, and a person offering himself for protection. XIII. Sate witHoutT OWNERSHIP. 1. Immediately after deposits, sale by another person than the owner has been declared by Bhyzgu; listen attentively, I will expound that subject thoroughly. 12. Ratn. p. 91; Col. Dig. IJ, 1, 31. The commentators observe that the use here referred to must have been made without the consent of the owner. 13. Ratn. p. 93; Col. Dig. II, 1, 45. 14. Ratn. p. 95; Viram. p. 366. The term ‘both parties’ is used in order to imply that the ordeal may be performed either by the alleged depositor or depositary. Vfram. 15. May. p.116; Ratn. p. 96; Viv. p. 54. 14, 15. Col. Dig. II, 1, 12. XIII, 1. Ratn, p. 101; Col. Dig. II, 2, 1. XIII, 8. SALE WITHOUT OWNERSHIP. 335 2. An open deposit, a bailment for delivery (Anvdhita), a Nydsa (sealed) deposit, stolen property, a pledge, or what has been borrowed for use: when any one of these articles has been. sold in secret by a man, he is declared a person different from the owner (asvdmin). 3. When the vendor has been produced and has been cast in the suit, (the judge) shall cause him to pay the price and a fine to the buyer and king respectively, and to restore the property to the owner. 4. When the former owner comes forward and makes good his claim to the thing bought, the vendor shall be produced (by the purchaser); by doing so, the purchaser may clear himself. 5. That greedy man who covets another man’s property, without having any claim to it, shall be compelled to pay twice the value (of the property claimed) as a fine, if he is unable to prove his claim. 6. When there is no evidence in a suit, the king shall consider the character of the parties and pass a decree himself, according to the equal, greater, or less (credibility of the parties).
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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