Hindu Law and Judicature Part 15

[Footnote 245: or similar constructions, as a tank, &c. (_M._)]

[Footnote 246: _semble_, the landowner. The Commentator throws no light on this ambiguity.]

[Footnote 247: or any other crop. (_M._)]

[Footnote 248: a _masha_ is the twentieth part of a copper _pa?a_.

(_M._) Supra pa. 7.]

[Footnote 249: Manu, ch. 8, sl. 241.]

[Footnote 250: no penalty therefore or liability. (_M._)]

[Footnote 251: being an open field. (_M._)]

[Footnote 252: Manu, ch. 8, sl. 237, 8, 9.]

[Footnote 253: let loose to propitiate the G.o.ds. (_M._)]

[Footnote 254: wanderers from a distant herd. (_M._)]

[Footnote 255: _scil._ other animals, as elephants, horses, &c.

(_M._)]

[Footnote 256: Manu, ch. 8, sl. 242.]

[Footnote 257: _i. e._ counting them. (_M._)]

[Footnote 258: Manu, ch. 8, sl. 232.]

[Footnote 259: for oblations to the G.o.ds. (_M._) Manu does not expressly restrict this privilege to the twice-born; ch. 8, sl. 339.]

[Footnote 260: This term (literally 'a bow') is a land measure, equivalent to the modern oottah or four hats.]

[Footnote 261: These three are in progressive increase: the first is, a mere village; the second, the central or sudder station of several villages; the third, a town of more extended population and importance. Manu, ch. 8, sl. 237.]

[Footnote 262: or which has been given away, or pledged, by a stranger without right. (_M._) Manu, ch. 8, sl. 199.]

[Footnote 263: _scil._ one dest.i.tute of property. (_M._) The expression in the text is applicable to any whose position or lack of means might justify a suspicion that he had not come honestly by the goods.]

[Footnote 264: the man who sold or a.s.signed it to him. (_M._)]

[Footnote 265: or stolen, or given in pledge. (_M._)]

[Footnote 266: Supra, sl. 27.]

[Footnote 267: Inasmuch as he abets concealment of the thief or wrongdoer. (_M._)]

[Footnote 268: Manu, ch. 8, sl. 30. The Commentator accounts for the discrepancy between the two law-givers by supposing Manu to have alluded to the property of learned brahma?s only.]

[Footnote 269: This fine is considered by the Commentator a consideration or indemnity for safe keeping, and an exception to the rule laid down by Manu, ch. 8, sec. 33.]

[Footnote 270: Colebrooke's rendering of this sloka (Digest ch. 4, sec. 1, --16,) differs from ours, which however we consider to be the correct signification of the text before us.]

[Footnote 271: Manu, ch. 8, sl. 222.]

[Footnote 272: The Commentator explains this to refer to slaves.]

[Footnote 273: Supra, p. 7.]

[Footnote 274: These facts are related, says the Commentator, as an index to or test of the honesty of metal-workers.]

[Footnote 275: Made into coa.r.s.e thread. (_M._)]

[Footnote 276: This sloka, as appears from the Commentary, is in allusion to the loss on working or manufacture of textile fabrics mentioned in the previous slokas.]

[Footnote 277: or given or pledged. (_M._)]

[Footnote 278: The slavery or servitude being to secure or work out a debt.]

[Footnote 279: _e.g._ a brahma? cannot be slave to a kshattriya.

Manu, ch. 8, sl. 410--15.]

[Footnote 280: _scil._ medicine or handicraft. (_M._)]

[Footnote 281: The Commentator thus explains and a.n.a.lyses the subject of servitude or working for others:

There are two descriptions of persons who serve. I. Those whose employment is of a respectable kind. II. Those whose employment is not so. The first division he subdivides into--1, the disciple; 2, the apprentice; 3, the workman; 4, the overseer.

The disciple is the student of the vedas; the apprentice is one learning an art; the workman is one who is paid for his work; the overseer superintends workmen. There are three sorts of workmen--1, soldiers; 2, husbandmen; 3, they who bear burdens.

II. The other and meaner description of employment is performed by slaves, _scil._ cleaning the house, cleaning away filth, &c.

Slaves, the Commentator subdivides, according to their origin and mode of enslavement, into fifteen cla.s.ses, _scil._

1. A born slave of the house.

2. A purchased slave.

3. One [otherwise] acquired _e.g._ by donation.

4. One obtained by inheritance.

5. One rescued from starvation during a famine.

6. One received in pledge.

7. One who becomes a slave to discharge a debt.