Fetching
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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
16. 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). 7. When a purchase has been made before an assembly of merchants, the king’s officers being aware of it (also), but from a vendor whose habitation is unknown; or when the purchaser has deceased : 8. The owner may recover his own property by Ratn. p. ror; Col. Dig. I], 2, 2; Viram. p. 374. Ratn. p. 102; Col. Dig. II, 2, 30; Viv. p. 57. Ratn. p. 101; Col. Dig. II, 2, 33; Viram. p. 379. Ratn. p. 106 ; Col. Dig. II, 2, 46. Ratn. p. 108; Col. Dig. II, 2, 52. 7-9. Ratn. p. 109; Col. Dig. II, 2, 53, 54. Papo p 336 BRIHASPATI. XII, 9. paying half the price (tendered), the custom in that case being that one half of the value is lost to each of the two. g. A purchase from an unknown (vendor) is one fault (in that case); want of care in keeping it is another ; these two faults are viewed by the wise as legitimate grounds of loss to each party. 10. When a man purchases (a commodity) at a fair price, and (the purchase) has been previously announced to the king, there is no wrong about it; but he who makes a fraudulent purchase is a thief. 11, That should be known asa fraudulent purchase which is made at an unreasonably low price, in the interior of a house, outside of the village, at night, in secret, or from a dishonest person. XIV. Concerns OF A PARTNERSHIP. 1, Trade or other occupations should not be carried on by prudent men jointly with incompetent or lazy persons, or with such as are afflicted by an illness, ill-fated, or destitute. 2. A man should carry on business jointly with persons of noble parentage, clever, active, intelligent, familiar with coins, skilled in revenue and expenditure, honest, and enterprising. 3. As an equal, smaller, or larger share (of the 10, 11. Viv. p. 60; Viram. p. 375; Col. Dig. II, 2, 57. In 10, Colebrooke has ‘delivered by the owner in the presence of credible persons. I have translated the reading of the Viframitrodaya, ‘previously announced to the king.’ In 11, the clause ‘in secret’ is omitted in the Viramitrodaya. XIV, 1, 2. Ratn. p. r11; Col. Dig. Il, 3, 2; Viram. pp. 383, - 384. 3. Ratn. p.112; Col. Dig. II, 3, 5. XIV, 9. CONCERNS OF A PARTNERSHIP. 337 joint stock) has been contributed by a partner, in the same proportion shall he defray charges, perform labour, and obtain profit. 4. Of those who lend (jointly) gold, grain, liquids and condiments, or the like, the gain shall be equal to their respective shares (of the joint expenditure), whether equal, more, or less. 5. Whatever property one partner may give (or lend), authorized by many, or whatever contract he may cause to be executed, all that is (considered as having been) done by all.
25. Whatever property one partner may give (or lend), authorized by many, or whatever contract he may cause to be executed, all that is (considered as having been) done by all. 6. They are themselves pronounced to be arbitrators and witnesses for one another in doubtful cases, and when a fraudulent act has been discovered, unless a (previous) feud should exist between them. 7. When any one among them is found out to have practised deceit in a purchase or sale, he must be cleared by an oath (or ordeal) ; such is the rule in all disputes (of this sort). 8. When a loss or diminution has occurred through fate or the king, it is ordained that it should be borne by all (partners) in proportion to their respective shares. 9. When (a single partner acting) without the assent (of the other partners) or against their express instructions injures (their joint property) 4. Ratn. p. 123; Col. Dig. II, 3, 45. 5-7. Ratn. pp. 123, 113; Col. Dig. II, 3, 45, 9, 10; May. p. 121; Viram. p. 385. 8. Ratn. p. 113; Col. Dig. II, 3, 11. ‘A loss,’ destruction of ’ the principal ; ‘diminution,’ loss of profits. Ratn. g. Ratn. p. 113; Col. Dig. II, 3, 12; Viv. p. 61; Viram. p. 385. (33) Zz 338 BRIHASPATI. XIV, 10. through his negligence, he must by himself give a compensation to all his partners. 10. That (partner), on the other hand, who by his own efforts preserves (the common stock) from a danger apprehended through fate or the king, shall be allowed a tenth part of it (as a reward), the remainder being distributed among the other (partners), according to their shares (in the stock). 11. Should any such partner in trade happen to die through want of proper care, his goods must be shown (and delivered) to officers appointed by the king. 12, And when any one comes forward claiming that man’s property as heir (to the deceased partner), he shall prove his right to it by (the evidence of) other men, and then let him take it. 13. The king shall take a sixth, a ninth, and a twelfth part respectively from the property of a Sddra, Vaisya, and Kshatriya ; and a twentieth from the property of a Brahman. 14. But after the lapse of three years, if no owner should come forward by any means, the king shall take that property; the wealth of a Brahman he shall bestow on (other) Brahmans. 15. So among (several) persons jointly performing a ceremony, if any one should meet with an accident, his (part of ) the ceremony shall be performed by a kinsman of his, or by all his associates (in work). 10. Ratn. p. 114; Col. Dig. I, 3,15; Viv. p. 61; Viram. p. 386. 11,12. Ratn. p.116; Col. Dig. II, 3, 21; Viv. p. 63. 13,14. Ratn. p. 116; Col. Dig. Il, 3, 22; Viv. p. 64. 15. Ratn. p.117; Col. Dig. II, 3, 29; Viv. p. 65. ‘A ceremony,’ such as a sacrifice. XIV, ar. CONCERNS OF A PARTNERSHIP. 339
3Ratn. p. 114; Col. Dig. I, 3,15; Viv. p. 61; Viram. p. 386. 11,12. Ratn. p.116; Col. Dig. II, 3, 21; Viv. p. 63. 13,14. Ratn. p. 116; Col. Dig. Il, 3, 22; Viv. p. 64. 15. Ratn. p.117; Col. Dig. II, 3, 29; Viv. p. 65. ‘A ceremony,’ such as a sacrifice. XIV, ar. CONCERNS OF A PARTNERSHIP. 339 16. They (the officiating priests) are pronounced to be threefold: coming (of their own accord), hereditary in the family, and appointed by (the sacrificer) himself; their business should be performed by them accordingly. 17. To a kinsman, relative, or friend one may lend money with a pledge (only); a loan to others must be guaranteed by a surety, or there must be a written contract or witnesses. 18. Gold or silver may be lent according to one’s own choice; liquids and condiments, and grain, for a specified period only; it is by local custom that both the loan and its recovery should be regulated. 19. That, however, which has been lent by several persons in common, must be recovered by them jointly; any (such lender) who fails to demand (the loan together with his partners) shall forfeit interest. 20. The law regarding loans has been declared before, (therefore) it is referred to in an abridged form only in the present chapter. Listen to the legal rules regarding cultivators of the soil and other (associates in work), which are declared as follows. 21. Tillage should be undertaken by a sensible 16. Ratn. p. 120; Col. Dig. II, 3, 44. The analogous text of Narada shows that officiating priests are the persons intended by this rule. 17-26. Ratn. pp. 123, 1243; Col. Dig. II, 3, 47-51. 18. In a loan of gold, a definite period for its return need not be specified ; but for liquids, &c. the stipulation of a fixed term is necessary. Ratn. 20. ‘Declared before,’ i.e. in Chapter XI. All the rules declared in that chapter are equally applicable to loans made by an association. Z2 340 BRIHASPATI. XIV, 22. man jointly with those who are his equals in point of cattle, workmen, seeds, and the like, as well as implements of husbandry. 22. They should refrain anxiously from cultivating an enclosed pasture-ground, land adjacent to a town, or to the king’s highway, barren soil, and ground infested by mice. 23. That man will enjoy produce who sows fertile land, which has many holes and is wet, capable of irrigation, surrounded by fields on all sides, and cultivated in due season. 24. A sensible cultivator must not admit cattle which is lean, very old, tiny, diseased, apt to run away, blind of one eye, or lame. 25. When by the deficiency of one (partner) as to cattle or seeds a loss happens in (the produce of) the field, it must be made good by him to all the husbandmen. 26. This primeval set of rules has been declared for cultivators of the soil. 27. One able to work up gold, silver, thread, wood, stone, or leather, and acquainted with the articles to be manufactured (with such materials), is called Silpin (an artizan or artist) by the wise.
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.
16. 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). 7. When a purchase has been made before an assembly of merchants, the king’s officers being aware of it (also), but from a vendor whose habitation is unknown; or when the purchaser has deceased : 8. The owner may recover his own property by Ratn. p. ror; Col. Dig. I], 2, 2; Viram. p. 374. Ratn. p. 102; Col. Dig. II, 2, 30; Viv. p. 57. Ratn. p. 101; Col. Dig. II, 2, 33; Viram. p. 379. Ratn. p. 106 ; Col. Dig. II, 2, 46. Ratn. p. 108; Col. Dig. II, 2, 52. 7-9. Ratn. p. 109; Col. Dig. II, 2, 53, 54. Papo p 336 BRIHASPATI. XII, 9. paying half the price (tendered), the custom in that case being that one half of the value is lost to each of the two. g. A purchase from an unknown (vendor) is one fault (in that case); want of care in keeping it is another ; these two faults are viewed by the wise as legitimate grounds of loss to each party. 10. When a man purchases (a commodity) at a fair price, and (the purchase) has been previously announced to the king, there is no wrong about it; but he who makes a fraudulent purchase is a thief. 11, That should be known asa fraudulent purchase which is made at an unreasonably low price, in the interior of a house, outside of the village, at night, in secret, or from a dishonest person. XIV. Concerns OF A PARTNERSHIP. 1, Trade or other occupations should not be carried on by prudent men jointly with incompetent or lazy persons, or with such as are afflicted by an illness, ill-fated, or destitute. 2. A man should carry on business jointly with persons of noble parentage, clever, active, intelligent, familiar with coins, skilled in revenue and expenditure, honest, and enterprising. 3. As an equal, smaller, or larger share (of the 10, 11. Viv. p. 60; Viram. p. 375; Col. Dig. II, 2, 57. In 10, Colebrooke has ‘delivered by the owner in the presence of credible persons. I have translated the reading of the Viframitrodaya, ‘previously announced to the king.’ In 11, the clause ‘in secret’ is omitted in the Viramitrodaya. XIV, 1, 2. Ratn. p. r11; Col. Dig. Il, 3, 2; Viram. pp. 383, - 384. 3. Ratn. p.112; Col. Dig. II, 3, 5. XIV, 9. CONCERNS OF A PARTNERSHIP. 337 joint stock) has been contributed by a partner, in the same proportion shall he defray charges, perform labour, and obtain profit. 4. Of those who lend (jointly) gold, grain, liquids and condiments, or the like, the gain shall be equal to their respective shares (of the joint expenditure), whether equal, more, or less. 5. Whatever property one partner may give (or lend), authorized by many, or whatever contract he may cause to be executed, all that is (considered as having been) done by all.
25. Whatever property one partner may give (or lend), authorized by many, or whatever contract he may cause to be executed, all that is (considered as having been) done by all. 6. They are themselves pronounced to be arbitrators and witnesses for one another in doubtful cases, and when a fraudulent act has been discovered, unless a (previous) feud should exist between them. 7. When any one among them is found out to have practised deceit in a purchase or sale, he must be cleared by an oath (or ordeal) ; such is the rule in all disputes (of this sort). 8. When a loss or diminution has occurred through fate or the king, it is ordained that it should be borne by all (partners) in proportion to their respective shares. 9. When (a single partner acting) without the assent (of the other partners) or against their express instructions injures (their joint property) 4. Ratn. p. 123; Col. Dig. II, 3, 45. 5-7. Ratn. pp. 123, 113; Col. Dig. II, 3, 45, 9, 10; May. p. 121; Viram. p. 385. 8. Ratn. p. 113; Col. Dig. II, 3, 11. ‘A loss,’ destruction of ’ the principal ; ‘diminution,’ loss of profits. Ratn. g. Ratn. p. 113; Col. Dig. II, 3, 12; Viv. p. 61; Viram. p. 385. (33) Zz 338 BRIHASPATI. XIV, 10. through his negligence, he must by himself give a compensation to all his partners. 10. That (partner), on the other hand, who by his own efforts preserves (the common stock) from a danger apprehended through fate or the king, shall be allowed a tenth part of it (as a reward), the remainder being distributed among the other (partners), according to their shares (in the stock). 11. Should any such partner in trade happen to die through want of proper care, his goods must be shown (and delivered) to officers appointed by the king. 12, And when any one comes forward claiming that man’s property as heir (to the deceased partner), he shall prove his right to it by (the evidence of) other men, and then let him take it. 13. The king shall take a sixth, a ninth, and a twelfth part respectively from the property of a Sddra, Vaisya, and Kshatriya ; and a twentieth from the property of a Brahman. 14. But after the lapse of three years, if no owner should come forward by any means, the king shall take that property; the wealth of a Brahman he shall bestow on (other) Brahmans. 15. So among (several) persons jointly performing a ceremony, if any one should meet with an accident, his (part of ) the ceremony shall be performed by a kinsman of his, or by all his associates (in work). 10. Ratn. p. 114; Col. Dig. I, 3,15; Viv. p. 61; Viram. p. 386. 11,12. Ratn. p.116; Col. Dig. II, 3, 21; Viv. p. 63. 13,14. Ratn. p. 116; Col. Dig. Il, 3, 22; Viv. p. 64. 15. Ratn. p.117; Col. Dig. II, 3, 29; Viv. p. 65. ‘A ceremony,’ such as a sacrifice. XIV, ar. CONCERNS OF A PARTNERSHIP. 339
3Ratn. p. 114; Col. Dig. I, 3,15; Viv. p. 61; Viram. p. 386. 11,12. Ratn. p.116; Col. Dig. II, 3, 21; Viv. p. 63. 13,14. Ratn. p. 116; Col. Dig. Il, 3, 22; Viv. p. 64. 15. Ratn. p.117; Col. Dig. II, 3, 29; Viv. p. 65. ‘A ceremony,’ such as a sacrifice. XIV, ar. CONCERNS OF A PARTNERSHIP. 339 16. They (the officiating priests) are pronounced to be threefold: coming (of their own accord), hereditary in the family, and appointed by (the sacrificer) himself; their business should be performed by them accordingly. 17. To a kinsman, relative, or friend one may lend money with a pledge (only); a loan to others must be guaranteed by a surety, or there must be a written contract or witnesses. 18. Gold or silver may be lent according to one’s own choice; liquids and condiments, and grain, for a specified period only; it is by local custom that both the loan and its recovery should be regulated. 19. That, however, which has been lent by several persons in common, must be recovered by them jointly; any (such lender) who fails to demand (the loan together with his partners) shall forfeit interest. 20. The law regarding loans has been declared before, (therefore) it is referred to in an abridged form only in the present chapter. Listen to the legal rules regarding cultivators of the soil and other (associates in work), which are declared as follows. 21. Tillage should be undertaken by a sensible 16. Ratn. p. 120; Col. Dig. II, 3, 44. The analogous text of Narada shows that officiating priests are the persons intended by this rule. 17-26. Ratn. pp. 123, 1243; Col. Dig. II, 3, 47-51. 18. In a loan of gold, a definite period for its return need not be specified ; but for liquids, &c. the stipulation of a fixed term is necessary. Ratn. 20. ‘Declared before,’ i.e. in Chapter XI. All the rules declared in that chapter are equally applicable to loans made by an association. Z2 340 BRIHASPATI. XIV, 22. man jointly with those who are his equals in point of cattle, workmen, seeds, and the like, as well as implements of husbandry. 22. They should refrain anxiously from cultivating an enclosed pasture-ground, land adjacent to a town, or to the king’s highway, barren soil, and ground infested by mice. 23. That man will enjoy produce who sows fertile land, which has many holes and is wet, capable of irrigation, surrounded by fields on all sides, and cultivated in due season. 24. A sensible cultivator must not admit cattle which is lean, very old, tiny, diseased, apt to run away, blind of one eye, or lame. 25. When by the deficiency of one (partner) as to cattle or seeds a loss happens in (the produce of) the field, it must be made good by him to all the husbandmen. 26. This primeval set of rules has been declared for cultivators of the soil. 27. One able to work up gold, silver, thread, wood, stone, or leather, and acquainted with the articles to be manufactured (with such materials), is called Silpin (an artizan or artist) by the wise.
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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