Hindu Law and Judicature Part 3

4 Suvar?as = 1 Nishka.

_Copper._

4 Karshas = 1 Pala.

1 Pa?a = 1 Karsha _i. e._ 1/4 Pala.

They by no means satisfactorily define the intrinsic weight and signification of the Pa?a, which, as the measure of pecuniary penalty, would seem to be the chief if not sole object of their introduction.

In the corresponding slokas of Manu, ten Palas are said to be equivalent to one Dhara?a. We can only reconcile this by supposing Manu to refer to a gold Pala and Yajnavalkya to a silver Pala.]

[Footnote 40: The Commentator remarks, that this includes every kind of corporal punishment.]

[Footnote 41: Manu, ch. 8, sl. 129, 130.]

[Footnote 42: ibid, sl. 126, also ch. 7, sl. 16. In the last pa.s.sage, Sir Wm. Jones has added to the term, strength, _his own_; this we consider to be an error, at any rate it is not a mere translation, and we have applied the term used, _viz._ _strength_ simpliciter, differently.]

THE SECOND BOOK

LAW AND JUDICATURE.

1. Let the monarch,[43] free from anger or thought of gain, in conjunction with learned brahma?s, adjudicate law-suits, according to the Dharma Sastras.

2. He shall appoint judges perfect in the Vedas and in science,[44]

versed in the Dharma Sastras, such as speak truth and bear themselves alike to friend and foe.

3. If the monarch, from press of other business, cannot adjudicate, he shall appoint a brahma? versed in the whole law, [to preside] with the judges.[45]

4. Should the judges, from partiality, from love of gain, or from fear, act in anywise contrary to law or usage;[46] each one [so acting] shall be amerced in double the value of the suit.

5. When one who is aggrieved by others, in any way contrary to law or usage, makes a representation to the monarch; this is matter for a law-suit.

6. The representation, as made by the plaintiff, is to be put in writing, in presence of the defendant; the year, month, half-month, day, names, cast, &c.,[47] being given.

7. The answer [of the defendant] to what he has heard [read] is then to be put in writing, in presence of him who made the first representation: and then the latter shall, at once, furnish a statement in writing of the proof to support what he has a.s.serted.

8. This being established, he succeeds in his suit; otherwise, the reverse. Thus it appears, the procedure in law-suits has four steps.

9. Let not a counter-complaint be preferred until the [original]

complaint is disposed of, nor let a third person [sue] him against whom a complaint is pending.[48] The statement of the cause of suit is not to be varied.[49]

10. [The defendant] may bring a counter-plaint for abusive language,[50] or personal trespa.s.s,[50] or for acts of atrocious violence.[51] On behalf of each party, a surety, competent to meet the result of the suit, shall be bound.

11. One against whom, after [a plea of] denial, judgment is given, shall pay the amount [adjudged to the plaintiff] together with an equal sum to the monarch.[52] One who has made a false complaint, shall forfeit double the amount of his claim.

12. In a case of atrocious violence, of theft, of reviling or personal trespa.s.s,[53] where a cow is the subject, or a [malicious] charge of crime,[54] or an offence destructive of life or property[54] where a female [of the household] is the subject--[in each of these cases] the Court shall compel the parties to go to trial forthwith. In other cases, a day may be appointed at pleasure.

13. One who moves from place to place,[55] who licks the corners of his mouth, whose forehead sweats, and whose countenance changes colour.

14. who with words from a dry throat, stammering, says much that is contradictory, who makes no response to word or look, who contracts the lips--

15. whosoever [in this wise] changes his natural manner, in the action of his mind, of his speech, and of his person, is to be set down as false in his complaint, or [if a witness] in his testimony.[56]

16. One who enforces by his own arbitrary act a claim which is denied, who absconds, or who does not respond when called--[each of these] is considered to have failed, and is amenable to punishment.[57]

17. Where there are [rival claims, and] witnesses on both sides, the witnesses of him who a.s.serts the elder t.i.tle, are to be [first]

examined: if that t.i.tle be admitted,[58] then the witnesses of him who claims by subsequent t.i.tle [shall be examined].[59]

18. Should the suit be accompanied by a wager, [the Court] shall compel the losing party to pay the fine [prescribed],[60] as well as his wager and his debt to the creditor.

19. Let the monarch, rejecting subtleties, conduct the trial of suits upon the merits: even merits, in the absence of proof, must fail of success in the suit.

20. If one plead a denial to a representation including several matters,[61] and one part be proved against him, the monarch shall compel him to pay the whole amount claimed: but what has not been previously declared [by the plaintiff][62] is inadmissible.

21. If two texts of the Law be opposed to each other, an argument founded on usage is of force; but the Dharma Sastra is of greater force than the Artha Sastra.[63] This is a settled rule.

22. Legal proofs are described as, writing, possession, and witnesses.

In the absence of either of those, it is ordained, that some one of the ordeals is [to be resorted to.]

23. In all disputes where property is concerned, the last act is of greater force;[64] except in [cases of] pledge, gift,[65] and sale, when the first act is of greater force.[66]

24. If one see[67] his land in the possession of another[68] and say nothing, it is lost after twenty years; moveables after ten years:[69]

25. excepting pledges, boundary-limits, deposits with specification,[70] property of idiots and children, deposits without specification,[71] property of the monarch, of women, and of those learned in the Vedas.

26. One who appropriates[72] a pledge, &c., shall be compelled to restore to the owner his property, and to pay a fine of equal value, or according to his means,[73] to the monarch.

27. Acquisition by t.i.tle[74] is stronger[75] than possession, unless this has come down from ancestors;[76] but acquisition by t.i.tle is of no avail without possession for a short time.[77]

28. If one holding by t.i.tle have it questioned [in a Court of justice], he must establish it by proof: but not so his son, nor his son's son; in their case, possession is of greater weight.

29. If one whose t.i.tle is questioned die [pending the suit[78]], his heir must establish it by proof; in such case possession without t.i.tle will not avail.[79]

30. Those appointed by the monarch,[80] communities,[81] guilds,[82]

and families, have authority, one after the other,[83] to investigate law-suits among men.

31. The monarch shall annul decisions of suits which have been brought about by force or fraud; also those made by women, those made at night, those made in private chambers, those made in a place beyond the limits,[84] and those made by enemies.

32. A suit inst.i.tuted by one intoxicated, or insane, or stricken with disease,[85] or given up to vice,[86] or a minor, or one under the influence of fear, &c.,[87] or one having no interest, is invalid.

33. When lost property is found,[88] it shall be restored by the monarch to the owner: if the claimant fail to identify by some sign, he shall pay an equivalent fine.

34. If the monarch find a treasure,[89] he shall give half of it to the twice-born.[90] If, on the other hand, a twice-born [find a treasure], he shall, if learned, take the whole, for he is lord of all.[91]