Hindu Law and Judicature Part 4

35. Of treasure found by any one else,[92] the monarch shall take a sixth.[93] If the finder do not make report, but [his discovery] comes to light, he shall surrender [what he has found], and shall, besides, be punished.

36. Stolen property, however, is to be given up by the monarch to the subject; seeing that, if he do not give it, he shall bear all the sin of that person from whom [it is stolen].[94]

37. Where there is a pledge, the interest, month by month, shall be an eightieth part; otherwise, two, three, four or five parts, in a hundred, according to the order of cast.[95]

38. They however who travel in forests[96] give ten parts; they who go to sea, twenty parts, in a hundred. Or, all[97] must render to all, of whatever cast, the rate of interest settled amongst themselves.[98]

39. But for cattle and women lent [the return] is, their offspring: the highest encrease demandable for use of liquids[99] is eight-fold; for wearing apparel, for corn, and for gold, four-fold, three-fold and two-fold respectively.

40. The monarch should not blame one who enforces a recognised debt.[100] If he, against whom the debt is enforced, complain to the monarch, he may be punished, besides being compelled to pay the debt.

41. The debtor [as a general rule] shall be made to pay his creditors in the order in which he has received from them; but a brahma? he is to pay [first], and, after him, the monarch.

42. The debtor shall be made to pay to the monarch ten parts in a hundred of the sum proved against him;[101] and the creditor, when he has recovered his property, five parts.[102]

43. One of inferior cast,[103] who is without means, may be compelled to labour[104] in discharge of his debt; but a brahma?,[105]

wanting means [to discharge his debt at once], shall pay gradually in proportion to what may come to him.

44. If one do not accept rest.i.tution of his property on loan when offered, it is to be delivered to some third party; from which time it ceases to carry interest.

45. A debt incurred by undivided kinsmen on account of the family shall be discharged by the heirs of the head of the family, should the latter die or leave the country.[106]

46. A woman has not to pay a debt incurred by her husband or by her son, nor a father the debt of his son; except such debts be incurred on account of the family: and it is the same with a husband [in respect of a debt] incurred by his wife.

47. A son has not to pay, in this world, his father's debt incurred for spirituous liquor,[107] or, for gratification of l.u.s.t, or in gambling, nor a fine, nor what remains unpaid of a toll; nor [shall he make good] idle gifts.[108]

48. As to debts of wives of herdsmen, distillers, players, washermen and hunters, the husbands have to pay; because their maintenance depends upon their wives.

49. A debt acknowledged,[109] one incurred by her jointly with her husband, one incurred by herself [solely][110]--these must be paid by the wife; none other need be paid by her.

50. If a father have gone abroad, or died, or been subdued by calamity,[111] his debt shall be paid by his sons and grandsons;[112]

on their denial,[113] the debt must be proved by witnesses.

51. He who takes the property of one who leaves no [capable][114] son, shall pay the debts; so, he who takes[115] the widow; also that son whose paternal estate no other has appropriated, [and who in such case shall always be deemed] fit to inherit property;[116] and if one die without any son, then, whosoever succeeds to the property.

52. To become surety, to be indebted, and to give evidence, is unlawful between brothers, between husband and wife, or between father and son; except, where they are separated in property.

53. Giving surety is enjoined for appearance, for confidence,[117] and for payment.[118] If there be a failure of either of the first two, the surety [himself] in each case shall pay; of the third, his sons [also] must pay.

54. If surety for appearance or for confidence die, the sons have not to pay; of a surety for payment, the sons have to pay.[119]

55. If there are several sureties, they shall pay the debt according to their respective liabilities: if all have undertaken for the entire debt,[120] they shall [severally be made to] pay at the option of the creditor.

56. If a surety be compelled by process of law[121] to discharge the debt, the [princ.i.p.al] debtors shall reimburse him double the amount paid.

57. For [use of] women and cattle, the offspring shall be given: for corn, [a return of] three fold; for apparel, four fold; for liquids, eight fold.

58. [The owner's property in] a pledge is forfeited if it be not redeemed when the debt is doubled; of one made for a definite period, it is forfeited at the specified date. [The property in] a pledge with usufruct[122] does not become forfeit.

59. If a [simple] pledge be put to use, no interest is [demandable]: so it is if a pledge with usufruct be damaged. If the pledge be wholly spoiled or be destroyed, it must be replaced; except where caused by accident,[123] or by the monarch.[124]

60. A pledge is complete upon acceptance.[125] If the thing pledged have become worthless, although [duly] cared for, either another shall be given [in its place], or the creditor shall receive back his money.

61. If a pledge be [given or taken, in reliance] upon character,[126]

the debtor shall be made to pay with interest: the debtor shall be made to repay two-fold, if he received on his plighted word.[127]

62. If one come [and pay his debt], the pledge shall be released; otherwise he [who has the pledge] is a thief:[128] should the creditor be absent, the debtor is to receive back his pledge upon paying the debt to the family;[129]

63. Or it may remain where it was, without interest [on the debt], the value at that date [of the thing pledged] being ascertained. If the debtor fail to come, the creditor may sell [the pledge] before witnesses.

64. If the debt secured by pledge have become doubled, the pledge shall be released; provided, the [value of the] usufruct of the thing pledged be double [the amount of] the loan.[130]

65. _Upanidhi_ is something in a box delivered to the hands of another, without a declaration. This shall be restored in the same manner [as it was given].[131]

66. But one shall not be compelled to make good that of which he has been deprived by the monarch, by accident, or by thieves.[132] When the loss occurs after demand has been made, and the deposit not returned, the depositee is to make it good and to pay a fine of equal value.

67. Whoever of his own accord uses [this description of deposit] shall be fined, and must restore it, together with the profit made.

The same rule applies to things borrowed[133] [for a special occasion], also to what is delivered for the purpose of being restored to the owner,[134] also to what is deposited [in the absence of the head, with the other members of the family],[135] also to the deposits called _nikshepa_,[136] and the like.[137]

68. Those proper to be witnesses are, religious devotees,[138] they who bestow liberally, the wellborn, they who speak truth, they whose chief aim it is to be virtuous,[139] they who are strait in their conduct, they who have sons, and the wealthy.[140]

69. There should be at least three witnesses, such as observe the rites prescribed by the Sruti and the Smriti, and are of a cla.s.s, whether mixed or unmixed,[141] corresponding [with that of the person who produces them]: otherwise,[142] any person may be a witness for any person.

70. Women, minors, aged men,[143] gamblers, persons intoxicated, madmen,[144] persons under suspicion of crime, stageplayers, infidels,[145] forgers, persons who are deprived of any sense,

71. heinous offenders,[146] intimate friends,[147] parties interested [in the suit], confederates, enemies [to either party], thieves, violent characters, the openly wicked,[148] persons cast off [by their friends and kin], and such like,[149] are inadmissible as witnesses.

72. Even one person,[150] being an intelligent follower of ritual duties,[151] may, with the consent of both parties, be witness [sufficient].

All are admissible[152] as witnesses in cases of rape, theft[153]

defamation and personal trespa.s.s.[154]

73. The judge shall thus address the witnesses, as they come up to the plaintiff and defendant:

The worlds appointed for criminals, for atrocious criminals;[155]

74. the worlds appointed for incendiaries, for murderers of women and children--all these shall be the portion of him who gives false testimony!

75. Know, that whatever good has been done by thee in a hundred former births, all shall become his whom thou defeatest by falsehood![156]

76. That man who withholds his testimony, the monarch shall compel to pay, on the forty-sixth day, the entire debt, as well as a fine equivalent to a tenth of the amount.

77. The lowminded man who, although he has knowledge (of the facts), declines to give his testimony, is, in sin, on a par with false witnesses; so is he, in his punishment.

78. In case of conflicting testimony, what is stated by the majority (of the witnesses) must be credited; if the numbers be equal, then those of the witnesses who are of distinguished qualities[157] must be credited; if again, these are in contradiction, then the most distinguished shall be credited.[158]

79. That party (to the suit) whose a.s.sertion the witnesses have verified, succeeds; that one whose a.s.sertion the witnesses have disproved, is defeated.