22. Five Mashas (are the fine to be paid) for (damage done by) a cow,
23. Six for a camel or a donkey,
24. Ten for a horse or a buffalo,
25. Two for each goat or sheep.
26. If all is destroyed, (the value of) the whole crop (must be paid and a fine in addition).
27. If (a man) always neglects the prescribed
(duties) and does that which is forbidden, his pro-
perty beyond (the amount required for) raiment and
food shall be taken from him (until he amends).
28. He may take, as his own, grass for a cow,
and fuel for his fire, as well as the flowers of
creepers and trees and their fruit, if they be un-
enclosed.
29. The legal interest for money lent (is at the
rate of) five Mashas a month for twenty (Karsha-
pa#as).
used also by Ya^«avalkya I, 362. It equals 0-122 grammes of the metrical system, Prinsep, Useful Tables, p. 97.
20-21. Manu VIII, 240; Ya^«avalkya II, 162.
22-26. Manu VIII, 241; Ya^wavalkya II, 159-161 ; Colebrooke III, Digest IV, 40. Haradatta, relying on LLyanas everywhere, reckons twenty Mashas to the Karshapawa.
27. Apastamba II, n, 27, 18.
28. Apastamba I, 10, 28, 3; Colebrooke III, Digest IV, 22.
29. Manu VIII, 140; Yag^avalkya II, 37; Colebrooke I, Digest 25. Haradatta states that a Karshapa«a contains twenty
242 GAUTAMA. XII, 30.
30. Some (declare, that this rate should not be paid) longer than a year.
31. If (the loan) remains outstanding for a long
time, the principal may be doubled (after which-
interest ceases).
32. A loan secured by a pledge that is used (by the creditor) bears no interest ;
33. Nor money tendered, nor (a debt due by a debtor) who is forcibly prevented (from paying).
34. (Special forms of interest are) compound in- terest, periodical interest,
35. Stipulated interest, corporal interest, daily interest, and the use of a pledge.
Mashas. Thus the monthly interest for 400 M&shas being five M&shas, the rate is ij per cent for the month, or 15 per cent per annum.
30. Colebrooke I, Digest 40; Maim VIII, 153.
31. Manu VIII, 151 ; Colebrooke I, Digest 59.
32. Manu VIII, 143 ; Colebrooke I, Digest 79.
33. Colebrooke I, Digest 79. ' Likewise the debt of a debtor who, being desirous to pay, is imprisoned by the king or others in a prison or the like, and who is thus unable to pay, does not increase from that day.' — Haradatta.
34. For this and the next Sutra, see also Colebrooke I, Digest 35-45, in the notes on which latter text the various explana- tions of these terms, found here, have been fully discussed. ' If a large or a small interest is taken on condition that the loan is to be repaid on a certain date, and that, in case of non-payment, it is to be trebled or quadrupled, that is called periodical interest.'— Haradatta.
35. 'Where the lender and the borrower, having regard to the country, the time, the object, and the condition (of the bor- rower), agree between themselves (on a certain rate), e. g. of ten per cent per mensem, that is called stipulated interest. Corporal interest is that which is payable by bodily labour. Thus Br/'ha- spati says, " Corporal interest is that connected with work." But Vyasa explains it thus, "Corporal interest is that which arises from the work (or use) of a (pledged female quadruped) to be
Xii, 39- Criminal and Civil Law. 243
36. The interest on products of animals, on wool,
on the produce of a field, and on beasts of burden
(shall) not (increase) more than the fivefold (value
of the object lent).
37. The property of (a person who is) neither an
idiot nor a minor, having been used by strangers
before his eyes for ten years, (belongs) to him who
uses it,
38. (But) not (if it is used) by .Srotriyas, ascetics, or royal officials.
39. Animals, land, and females are not lost (to the owner) by (another's) possession.
milked, or of (a male) to carry burdens." K&tyayana explains the daily interest (lit. the interest resembling the growth of the lock on the head), " That which is taken daily is called daily interest." ... E.g. for a Prastha of grain lent a handful of grain is taken daily.' — Haradatta.
36. Colebrooke I, Digest 62. Haradatta mentions also another explanation of the Sutra : ' Another (commentator) says, " If pro- ducts of animals and the rest have been bought, and the price is not paid at once, that may increase fivefold by the addition of interest, but not to a greater sum.'"
37. Manu VIII, 147-148; Ya^wavalkya II, 24.
38. Haradatta adds that in the case of a -Srotriya and of an ascetic, the owner may allow the use of his property for a long time, desiring to acquire merit by doing so, and that fear may prevent him from opposing the king's servants. Hence pro- longed possession by such persons does not necessitate the con- clusion that the owner had given up his rights. As ascetics cannot possess any property, the Sutra must refer to their occupying an empty house which has an owner.
39. Manu VIII, 149; Ya^wavalkya II, 25. The translation given above agrees with an explanation of the Sutra which Hara- datta mentions, but rejects. He himself prefers the following : 'Animals, i.e. quadrupeds; land, i.e. a field, a garden, and the like ; females, i e. female slaves and the like. No long possession of animals and the rest is necessary in order to acquire the rights of ownership over them. Even after a short period they become the
244 GAUTAMA. XII, 40.
40. The heirs shall pay the debts (of a deceased person).
41. Money due by a surety, a commercial debt, a
fee (due to the parents of the bride), debts con-
tracted for spirituous liquor or in gambling, and a
fine shall not involve the sons (of the debtor).
42. An (open) deposit, a sealed deposit, an object
lent for use, an object bought (but not paid), and a
pledge, being lost without the fault of the holder,
(shall not involve) any blameless person.
43. A man who has stolen (gold) shall approach
the king, with flying hair, holding a club in his hand,
and proclaim his deed.
property of the possessor. For how (would it be possible that) a person, who himself wants buttermilk and the like, should allow a cow which he himself has bought, and which gives daily a Dro«a of milk, to be milked in the house of another person ? ' &c. &c.
40. Manu VIII, 162; Ya^Tzavalkya II, 51.
41. Manu VIII, 159-160; Y%»avalkya II, 47, 54; Cole- brooke I, Digest 202. Taking iato account the parallel passages of Manu and Ya^vzavalkya, Haradatta very properly restricts this rule to a bail for the personal appearance of an offender. In explanation of the expression ' a commercial debt * he gives the following instance : ' If a person has borrowed money from some- body on the condition that he is to repay the principal together with the gain thereon, and if he dies in a foreign country, while travelling in order to trade, then that money shall not be repaid by the son.' The instance explaining the term ' fee ' (sulka) is as follows : ' If a person has promised a fee (to the parents of a woman) and dies after the wedding, then that fee does not involve his son, i.e. need not be paid by him.' The word julka is, however, ambiguous, and may also mean ' a tax or toll.'
42. Manu VIII, 189 ; Ya^avalkya II, 59, 66 ; Colebrooke II, Digest I, 29. Haradatta declares the meaning to be, that in case the bailee was guilty of no negligence and took the same care of the deposits &c. as of his own property, neither he nor his heirs need make good the value of those which were lost or destroyed.
43. Apastamba I, 9, 25, 4.
Xii, 5*- Criminal and Civil Law. 245
44. Whether he be slain or be pardoned, he is purified (of his guilt).
45. If the king does not strike, the guilt falls on him.
46. Corporal punishment (must) not (be resorted to in the case) of a Brahmawa.
47. Preventing (a repetition of) the deed, pub-
licly proclaiming his crime, banishment, and branding
(are the punishments to which a Brihma«a may be
subjected).
48. That (king) who does not do his duty (by
inflicting punishment) becomes liable to perform a
penance.
49. (A man who) knowingly (becomes) the servant (of a thief shall be treated) like a thief,
50. Likewise he who (knowingly) receives (goods) from (a thief or) an unrighteous man'.
51. The award of the punishment (must be regu-
lated) by a consideration (of the status) of the criminal,
of his (bodily) strength, of (the nature of) the crime,
and whether the offence has been repeated.
52. Or a pardon (may be given) in accordance
with the opinion of an assemblage of persons learned
in the Vedas.
45. Apastamba I, 9. 25, 5.
46. Manu VIII, 124 ; Macnaghten, Mitakshara III, 4, 9.
47. Manu IX, 239, 241; Apastamba II, 10, 27, 8, 17-19; Macnaghten loc. cit. Karmaviyoga, ' preventing (a repetition of) the deed,' may also mean ' suspension from (his priestly) functions.'
48. Apastamba II, n, 28, 13.
49-50. Manu IX, 278; Yogtfavalkya II, 276.
51. Manu VII, 16; VIII, 126 ; Ya^avalkya I, 367.
246 GAUTAMA. Xin, i.
CHAPTER XIII.
1. In disputed cases the truth shall be established by means of witnesses.
2. The (latter) shall be many, faultless as regards
the performance of their duties, worthy to be trusted
by the kingr. and free from affection for, or hatred
against either (party).
3. (They may be) .SYldras even.
4. But a Brahma^a must not be forced (to give
evidence) at the word of a non-Brahma«a, except if
he is mentioned (in the plaint).
5 (Witnesses) shall not speak singly or without being asked,
6. And if, (being asked,) they do not answer, they are guilty of a crime.
7. Heaven is their reward, if they speak the
XIII. i. Manu VIII, 45; Ya^vJavalkya II. 22.
2. Apastamba II, n, 29, 7. 'Many means at least three.' — Haradatta.
3. Manu VIII, 63. I.e. Madras endowed with the qualities mentioned above.
4. Manu VIII, 65. 'A Brahma«a means here a .SYotriya. If a man other than a Brahmana says : " This Brahmawa is a witness of this fact," then the (.Srotriya) shall not be forced to become, i.e. not be taken as a witness, provided he has not been mentioned, i. e. he has not been entered in the written plaint (as one of the witnesses). But if he has been entered in the plaint, he certainly becomes a witness.' — Haradatta.
5. Manu VIII, 79; Macnaghten, Mitakshara VI, i, 21. In the Mitakshara the Sutra is read nasamaveta^ pr/'sh/aA prabruyu^, ' witnesses need not answer if they are examined singly.' Mitra- mijra in the Vframitrodaya says that Haradatta's reading of the text is the same, and that his explanation does not agree with it.
6. Manu VIII, 107; \%mivalkya II, 76-77.
7. Apastamba II, n, 29, 9-10.
XIII, i g. WITNESSES. 247
truth ; in the contrary case hell (will be their portion).
8. (Persons) not mentioned (in the plaint), must also give evidence,
9. No objection (can be raised against witnesses) in a case of (criminal) hurt,
10. Nor if they have spoken inadvertently.
11. If the sacred law or the rules (referring to
worldly matters) are violated, the guilt (falls) on
the witnesses, the assessors, the king, and on the
offender.
12. Some (declare, that the witnesses) shall be charged on oath to speak the truth.
13. In the case of others than Brahmawas that
(oath shall be sworn) in the presence of the gods, of
the king, and of Br&hma#as.
14. By false evidence concerning small cattle a witness kills ten,
15. (By false evidence) regarding cows, horses,
men, or land, in each succeeding case ten times as
many (as in the one mentioned before),
9. Manu VIII, 72 ; Ya^avalkya II, 72.
10. ' Negligence, i.e. inadvertence. If anything has been spoken at random by a witness In a conversation referring to something else (than the case), no blame must be thrown on him for that reason.'— Haradatia.
IT. Manu VIII, 1 8. The translation follows Haradatta. Perhaps it would, however, be as well to take dharmatantra, ' the sacred law and the rules referring to worldly matters/ as a Tatpurusha, and to translate, 'If there is a miscarriage of justice, the guilt,' &c.
12-13. Apastamba 11, n, 29, 7.
