Hindu Law and Judicature Part 7

A twice-born man may, in every place, appropriate as his own, gra.s.s, fuel, and flowers.[259]

167. There shall be a s.p.a.ce of one hundred _dha.n.u.s_[260] between a _grama_,[261] and the [surrounding] fields, of two hundred for a _karva?a_,[261] of four hundred for a _nagara_.[261]

168. A man may seize any thing, belonging to himself, which another has sold.[262] The purchaser incurs blame, if [he have bought]

secretly: and, if [he bought] from a low man,[263] with secrecy, for a small price, and at an unusual hour, he is [to be accounted] a thief.

169. If one obtain property [which he afterwards discovers to have been] lost or stolen, he should cause the taker[264] of it to be secured: should time or the place not permit of this being done, he must himself restore the property [to its owner].

170. Upon his producing the seller, he [the possessor,] is himself cleared: the owner takes the property, the monarch the fine, and the [defrauded] purchaser the value from the seller.

171. [A claim to] property [as] lost,[265] is to be supported by proof of acquisition[266] or of user: [the claimant,] if he fail, shall pay to the monarch one-fifth of the value [of the property] as a fine.

172. Whoever takes [back] from the hand of a stranger what has been stolen or lost [from himself] without informing the monarch, shall pay a fine of ninety six _pa?as_.[267]

173. When lost or stolen property has been recovered by customs officers or by the local police, the owner may claim it until one year has elapsed;[268] after that time it goes to the monarch.

174. If it be a single-hoofed animal, the owner shall pay four _pa?as_; if a man, five _pa?as_; if a buffalo, or a camel, or a cow, two _pa?as_; if a goat or a sheep, the fourth part of a _pa?a_.[269]

175.[270]Any property, other than women and children, may be given away, if it be no detriment to the family--but not the whole property, where there are children; nor any portion which has been already promised to another.

176. The acceptance [of a gift] should be public, especially of immovable property. Whatever may be lawfully given and is contracted to be given, shall not, after gift, be resumed.

177. The time given for trial [on purchase] of seed, is ten days;[271]

of iron, one day; of beasts of burden, five days; of precious stones, seven days; of women,[272] one month; of milch-cows, three days; of men,[272] half a month.

178. By the action of fire, gold is not lessened in quant.i.ty: one hundred _palas_[273] of silver thereby lose two _palas_; of tin, one hundred _palas_ lose eight; lead and copper, out of one hundred _palas_, lose five; iron, of one hundred _palas_, loses ten.[274]

179. One hundred _palas_ of wool or cotton when worked[275] are increased by ten _palas_; if the thread be of middling fineness, the increase is five _palas_; if very fine, three _palas._

180. In figured textures and in those made of hair, the loss is estimated at one thirtieth part. In a texture of silk or of the bark of trees, there is neither loss nor increase.

181. Whenever loss has been sustained, the artisan shall be imperatively required to pay what competent judges award, after they shall have investigated [circ.u.mstances, of] place, of time, of the mode of using [the material], and its quality of strength or lightness.[276]

182. One made a slave by compulsion, and one sold[277] [into slavery]

by robbers, are [ent.i.tled to be] set free; so also is [a slave] who saves his master's life; also one who [having adopted servitude for a living,] abandons his claim to maintenance; also one enslaved who pays off what is due from him.[278]

183. One who, being a religious mendicant, forsakes that condition, shall be, until death, the monarch's slave. Slavery must be in the order of the casts, not inversely.[279]

184. Though an apprentice have attained a knowledge of his art,[280]

he shall [nevertheless] remain in his master's house for the stipulated time, receiving from his master maintenance, and giving up to him his earnings.[281]

185. The monarch shall erect in the city a mansion and shall settle therein brahma?s learned in the three Vedas, and endow them, giving them injunction to discharge their duties.[282]

186. They shall diligently practise all observances stipulated for[283] [in the endowment] which do not interfere with their personal duties, also whatever other observances the monarch may enjoin.[284]

187. Whoso appropriates what belongs to the community or violates his engagement [with the community], shall forfeit his property and be banished the realm.[285]

188. The word of those who [are appointed to] superintend the affairs[286] of the community must be obeyed by all [the members]: he who acts in violation thereof shall be amerced in the first [_i. e._ lowest] fine.[287]

189. Those who have come [from other parts] upon the affairs of the community shall, upon completion of the business, be dismissed by the monarch, with gifts, with honour, and with hospitable entertainment.

190. An emissary upon the business of the community shall deliver up whatever he has received [on their account]: if he fail to deliver voluntarily, he shall be amerced eleven times the value [of what he withholds].

191. They who have direction of the affairs of the community should be such as know their duties,[288] are pure minded, and not covetous; their word for the welfare of the community is to be followed.

192. What has just been enjoined is obligatory in like manner upon communities of craftsmen, of traders, and of _pasha??as._[289]

The monarch should preserve their distinctive character, and make them respectively adhere to their original callings.[290]

193. If one, after receipt of wages, abandon his work, he shall pay double the amount; if [he desert] when he has not received [his wages], he shall pay a sum equal [to his wages].[291]

The implements shall be in charge of the workman.[292]

194. The monarch shall oblige him who gets work done without having previously fixed the rate of hire, to pay a tenth part, [whether]

earnings in trade or [in care] of cattle, or [in cultivation] of corn.

195. A master[293] may treat as he thinks right one who disregards time or place, or [so acts that he] prevents profit being earned.[294]

The more that is done, the more shall be given.

196. Where work [contracted for by two] cannot be proceeded with by the two,[295] [the one who has to abandon the work] shall be paid according to what he has performed; but, if practicable, the original contract should be carried out.[296]

197. If goods [when in transport from place to place] be lost, the carrier shall pay their value; except [the loss be] occasioned by the monarch or by act of G.o.d. If he [who has contracted to transport goods] cause them not to start on the journey, he shall be made to pay twice the amount of his hire:

198. if he abandon [his charge] when at the outset of the journey, he shall pay [a sum equal to] a seventh part [of the hire]; if, when he has proceeded to some distance, a fourth part; if when half-way, the entire amount of hire. The like [rule is to be observed] where [the hirer] breaks [his contract].

199. If a professed gambler win at play [as much as] one hundred [_pa?as_], he shall pay to the keeper of the house one-fifth: others shall pay [the keeper] a tenth of their winnings.

200. The latter,[297] [in consideration of] having [royal] protection, shall pay the portion stipulated to the monarch, shall make over all stakes won to the winner, shall be true of speech, and forbearing.

201. The monarch shall enforce payment of winnings; [that is,] such as are made in a place kept by a licensed gaming-house-master paying the royal dues, among known players, meeting openly; in other cases, not.

202. They who manage suits [arising out of the games], also the witnesses, are to be such persons as those last described.

If any one play with false dice or cheat, the monarch shall have him branded and banished.

203. An overseer of the games should be appointed, who may thus become familiar with [the persons of reputed] thieves.[298]

The like rules apply to wagers at fighting games, whether of men or brutes.[299]

204. If any give abusive words to one deprived of a limb or an organ of sense, or diseased, whether the words be true or untrue, or [in the guise of] ironical praise,--he shall be fined thirteen _pa?as_ and a half.[300]

205. The monarch shall compel one who uses such insulting language as, "I will go to thy sister" or "to thy mother,"[301] to pay a fine of twenty-five _pa?as._

206. Half [of this fine is to be imposed when the offensive words are]

to inferiors, double if to the wives of other men or to superiors. The fine shall be regulated according to the higher or lower cast of the parties.[302]

207. [Thus;] if the offence occurs, [where the parties are] in the ascending line of cast, the fine shall be double or treble [as may be]; if in the descending line, the fine shall be always lessened one half.[303]

208. If injury be threatened to a person's arm, or neck or eyes or thigh, the fine shall be one hundred _pa?as_; if to the foot or nose or ear or hand, and the like,[304] half of that [fine].