128

128. (I) "An aurasa[191] son," is one born of a dharma[192] wife; equal with him is

(II) "A daughter's son."[193]

(III) "A wife's son," is a son begotten by

[42]

a relative[194] [of the husband] or by another [duly authorised].

129 (iv) "A son of hidden birth," is one brought forth in private, in the [husband's] dwelling.[195]

(v) "A girl's son," is one born of an unmarried girl;[196] he is considered the son of the maternal grandfather.

130 (vi) "A son of the twice-married," is one born of a woman [by a second marriage], whether she be [at the time of that marriage] a maid or not.[197]

(vii) "A son by gift," is one who is made a gift of, either by his father or his mother.[198]

131 (viii) "A son by purchase," is one sold by his parents.[199]

(ix) "A son made," is a son [born of parents deceased,] selected by any one for himself.

(x) "A self-given son," is one who has given himself [as a son to another.][200]

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(xi) "A son with the bride," is one of whom the mother is already pregnant [by another than her husband] when she marries.[201]

132 (xii) "A deserted son," is one adopted upon being forsaken [by his own parents.[202]]

The first in order that there may be, of the sons above described, shall present the oblation cake[203] and take the inheritance.[204]

133. Such is the rule enjoined by me for sons where there is equality of cast. Even the son begotten by a Śúdrá, on a slave-woman, shall have such share as [the father] may allot.[205]

134. [But if there be no partition till] after the father's death, then the brothers [born in marriage] are to assign him half a share: if there be no brothers nor daughters' sons, he then takes the whole.

135, 136. If a man depart this life without male issue; (i) his wife, (ii) his daughters, [44](iii) his parents,[206] (iv) his brothers,[207] (v) the sons of brothers,[208] (vi) others of the same gotra,[209] (vii) kindred more remote,[210] (viii) a pupil, (ix) a fellow-student[211]—these succeed to the [45]inheritance; each class upon failure of the one preceding. This rule applies to all the casts.

137. The heirs of a hermit, of a religious ascetic, of a professed brahmachári,[212] are successively, the preceptor, the disciple, and an associate dwelling in the same religious retreat.

138. One reunited[213] shall take the portion of his deceased reunited co-sharer, and shall give it up to a [son, if one be afterwards] born.[214] This is always so with uterine brothers.

139. A reunited half-brother shall take the property; not a [separated] half-brother: but a [uterine brother] whether reunited or not, shall take; this not being so with the half-brother.[215]

[46]

140. An impotent, an outcast as well as his son,[216] a cripple, a madman, an idiot, one blind, one incurably diseased, and such like,[217] are to be maintained, but do not share in the inheritance.

141. The aurasa sons of those [disqualified] persons, also their wives' sons,[218] if themselves free from defect,[219] succeed to shares; and their daughters[220] are to be maintained until provided with husbands.

142. [So] their childless wives shall be maintained, if of good conduct; but shall be cast off, if of vicious habits, or of an evil nature.[221]

143. What has been given [to a woman] by her father, her mother, her husband, or her brother, or received by her before the nuptial fire, or on occasion of her husband's marriage with [47]another wife, and such like,[222] is called stridhana.

144. Gifts from her kindred, from the bridegroom [before marriage], also subsequent gifts, descend to her own kindred, should she die without issue.

145. The stridhana of a wife dying without issue, who has been married in one of the four forms of marriage designated bráhma &c.,[223] belongs to the husband; if she have issue, then the stridhana goes to her daughters; should she have been married in another form,[224] then her stridhana goes to her parents.[225]

146. Whoso withholds his daughter,[226] after having promised to give her [in marriage], shall be amerced, and shall reimburse all expenses incurred with interest. If she die [after being affianced] he [i. e. the bridegroom] shall receive back what he has given, deduction being made for the expenditure on both sides.

147. A husband need not return to his wife stridhana appropriated by him, during a famine, or in order to perform sacred rites,[227] or when suffering from disease,[227] or when in prison.[227]

[48]

148. If he marry another wife, he shall give to the one he has, as a consideration for superseding her, should she not already have received stridhana, what is equivalent [to his gifts on the second marriage]: but, should she have already received stridhana, then, it is declared, [she is entitled to only] half the amount.[228]

149. If the fact of a partition be denied, the matter shall be ascertained by [reference to] relatives, near or remote, witnesses, and writings, also [by enquiry as to] separate possession of messuage and land.[229]

150. When there is a dispute as to boundaries, the neighbours of the [disputed] land, old men and the like,[230] cowherds, cultivators of the soil close to the [disputed] boundary, and all whose business is in forests—[231]

151.—these shall determine the boundaries, as they are indicated by elevated ground, by charcoal [-remnants],[232] by husks,[233] by trees, by a causeway, [49]by ant-hills, by depressions of the soil, by bones, by memorials,[234] and such like.[235]

152. Otherwise,[236] four, eight, or ten neighbours of the same village, wearing a red wreath and red garments, and carrying earth, shall settle the boundary.[237]

153. And if any falsehood be uttered, upon each one [speaking falsely] the monarch shall impose the medium fine.[238]

In the absence of any persons having knowledge of the matter, and of any indicatory signs, the monarch shall mark the boundary.[239]

154. The same rule applies to fruit-gardens, to out-houses, to villages,[240] to wells or tanks, to pleasure-gardens, and to dwellings, as well as to watercourses caused by the rain.[241]

155. If the boundary be broken, or be overstepped,[242] if a field[243] be taken away; the lowest, [50]the highest and the medium fines shall be imposed.[244]

156. [Constructing] a useful dam, if it occasion but slight damage [to individuals], is not to be prevented; nor is a well[245] which takes from another's land, if having an abundant supply of water and not of large extent.

157. If one construct a dam in a field, without notice to the owner thereof, the right to use it, when complete, shall belong to the owner of the field: if the field be without owner, then the user belongs to the monarch.

158. Whoso fails to complete the cultivation of a field which he has partially ploughed, shall be made to pay [to the landowner] the value of the [expected] crop. He[246] shall complete the cultivation by means of another.

159. If a female buffalo spoil corn,[247] [her owner] shall be fined eight máshas,[248] if a cow, the half [of that sum]; if a goat or a sheep, the half of the latter.

[51]

160. If, after having grazed, they repose there, the fine shall be double what is above specified.

The same [rule applies] to land kept for pasture. An ass and a camel are [in this respect] the same as a female buffalo.

161. There shall be an indemnity for the owner of the field equal in value to the corn destroyed.[249] The herdsmen shall receive a beating, but the cattle-owner be punished by fine, as before mentioned.

162. No guilt attaches[250] [to the cattle-owner,] if the field[251] be close to the public road, or to the village pasture lands,[252] and he do not intend [the trespass]; if he do intend it, then he incurs punishment as a thief.

163. A bull, cattle permitted to be at large,[253] a cow that has recently calved, estrays,[254] and the like,[255] having no keeper or brought there by accident or by act of the monarch, shall be let go free.[256]

164. The herdsman shall, at the close of the day, give back the cattle, in the same manner[257] as they were delivered to him: if he be in receipt of [52]wages, he shall replace such as have, through his negligence, died or been lost.[258]

165. If loss accrue by fault of the herdsman, he shall be fined thirteen paṇas and a half, and shall make good the loss to the owner.

166. Pasture-ground shall be allotted for cattle, such as the villagers agree upon, or in proportion to the whole area of land, or as the monarch wills.

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

167. There shall be a space of one hundred dhanus[260] between a gráma,[261] and the [surrounding] fields, of two hundred for a karvaṭa,[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, [53]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 paṇas.[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.

[54]

174. If it be a single-hoofed animal, the owner shall pay four paṇas; if a man, five paṇas; if a buffalo, or a camel, or a cow, two paṇas; if a goat or a sheep, the fourth part of a paṇa.[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 quantity: one hundred palas[273] of silver thereby lose two palas; of tin, one hundred palas lose [55]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 [circumstances, 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 [entitled 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]

[56]

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]

[57]

185. The monarch shall erect in the city a mansion and shall settle therein bráhmaṇs 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] [58]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 páshaṇḍas.[289] The monarch should [59]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]

[60]

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 God. 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 [paṇas], 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.

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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 paṇas 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 paṇas.

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 [62]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 paṇas; if to the foot or nose or ear or hand, and the like,[304] half of that [fine].

209. If the threat be by one who has not the power [to carry out his threat], he shall be fined ten paṇas; [the threatener] who has the power shall be, in addition, compelled to give surety for the safety of the person [threatened].

210. For abuse by imputation of a crime which would entail loss of cast, the middle fine [shall be exacted]; if of a lesser crime, the lowest fine.

211. If the abuse be directed against one conversant with the three Vedas, against the monarch, or against the gods, the highest fine [is incurred]; if against a whole cast or a community, the middle fine; if against a village or the realm, the lowest fine.

212. If a person be beaten without witnesses, the case shall be tried by marks, probabilities and [63]public report; not however without some suspicion that the marks may have been falsely contrived.

213. For [defiling by] touching with ashes, mud, or dust, a fine is fixed of ten paṇas; for [defiling by] touching with impurities,[305] scil. of the heel or of the saliva, double [that fine]:

214. that is, if the parties be on an equality. If [the offence be] against other men's wives, or against superiors, [then the penalty is] double; if against inferiors, the half. Should [the aggressors] be insane or intoxicated or the like, there shall not be punishment.

215. Should a limb of one not a bráhmaṇ occasion pain to a bráhmaṇ, it shall be cut off. If [a weapon] be raised [against one of inferior cast],[306] the lowest fine [is to be paid]; if the weapon be merely handled, then the fine shall be half.[307]

216. But should a hand or a foot be raised, the fine shall be [respectively] ten and twenty paṇas. People, however, of any [cast, who lift] weapons against their cast-fellows shall pay the middle fine.

217. For pulling a person by the foot, by the hair, by the clothing, or by the hand, the fine is ten paṇas: for inflicting pain by dragging about or by violent handling of the clothes, and for putting the foot upon a person, [the fine is] a hundred paṇas.

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218. He who beats with a stick or the like, short of effusion of blood, shall pay a fine of thirty-two paṇas; if blood appear, the fine is double[308]

219. For damaging a hand, a foot, or a tooth, and for cutting the ears or the nose, there is the middle fine: the same for rending open a wound, or for beating a person till he be as one lifeless.

220. For beating [one so that he] cannot stir, or [so that he cannot] eat, or [so that he cannot] speak, for destroying an eye and the like,[309] for breaking a neck, an arm, or a thigh, [there shall be] the middle fine.[310]

221. If several unite in beating one person, the fine shall be double[311] that prescribed; whatever property be taken away in the struggle shall be restored, and, in addition, the double fine [imposed].

222. Whoever causes pain to another [by any such means] shall be made to pay the expense of the cure, as well as the regulated fine for the fray.[312]

223. He who batters, rends, breaks or pulls down a wall, shall be made to pay a fine of five, ten or twenty paṇas besides the value.

224. He who casts into a dwelling house any thing hurtful or destructive of life, shall be made [65]to pay, for the first a fine of sixteen paṇas, for the second the middle fine.

225. For injury to the smaller sort of cattle, or for shedding their blood, for lopping one of their horns or the like[313] or one of their limbs, one shall pay a fine of two and a half paṇas and upwards.

226. For cutting off the male privy member [of such cattle], or slaying [one], the middle fine, as well as the value [of the animal], shall be paid. For the larger cattle in such cases the fine is double.[314]

227. For cutting down branches, or the trunk, or the entire tree,[315] of such as re-produce [after mutilation], [also for similar injuries] to trees which supply food,[316] the fine shall be doubled progressively up from twenty paṇas:[317]

228. should the trees be growing where there are memorial erections, or in places for disposal of the dead, or on boundary lines, or in holy places, or in a temple, a double fine [shall be levied]; so, for any famous tree.[318]

229. For cutting brushwood, grasses, shrubs, climbing plants, ground-spreading creepers, annuals, and herbs, at the places above mentioned, half of the fine is ordained.

[66]

230. Forcibly taking away [any thing, though it be] public property, is sáhasa;[319] the fine for it is double the value [of the property]. [If the crime be,] on denial, [proved,] then, four times the value.

231. He who instigates the commission of sáhasa, shall pay a double fine, and four-fold if he instigate by promise of reward.

232. He who rails at a venerable person,[320] or who disobeys such an one, he who maltreats his brother's wife,[321] he who fails to give that which he has promised, he who forces a dwelling-house with a seal upon it,[322]

233. he who does harm to his neighbour, or to his kindred, and such like[323]—each of these shall be fined fifty paṇas. So is it enjoined.

234. He who, [on the impulse] of his own will [merely], goes to a widow,[324] he who, when there is a cry for help, does not haste [to render it], he who reviles without cause, a chandála[325] who touches one of higher cast,

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235. he who, when making an oblation to the gods or to ancestors, feeds Śúdrás, or pravrájikas,[326] he who swears an improper oath, or who does what he has no title to do,[327]

236. he who emasculates a bull or smaller animal, who embezzles common property, who destroys the embryo of a female slave,

237. and, among fathers and sons, sisters and brothers, husbands and wives, teachers and disciples, if either desert the other, [he or she] not being an outcast—[in these several instances,] the fine is a hundred paṇas.[328]

238. A washerman who wears another's dress shall be fined three paṇas; if he sell, let out, pledge, or, when importuned [give it away],[329] ten paṇas.

239. If, when father and son quarrel, one volunteer to be a witness,[330] the fine is three paṇas; but, if [on such an occasion] one offer himself as surety,[331] he shall be fined eight-fold.

240. Whoever falsifies scales, or a royal order, or a measure,[332] or a coin,[333] likewise whoever [68][knowingly] uses them [so falsified], shall be made to pay the highest fine.[334]

241. A tryer of coin who pronounces a false one to be genuine or a genuine one to be false, shall be made to pay the highest fine.

242. One who falsely sets himself up as a physician,[335] shall, [for his malpractice,] if brutes be concerned, pay the first fine—if mankind, the middle fine—but, if royal officers, the highest fine.

243. Whoso imprisons one not deserving of imprisonment,[336] or releases one found worthy of imprisonment or pending his trial,[337] shall pay the highest fine.

244. He who, in measurement, or [use of] the scales, defrauds [to the extent] of an eighth, shall be made to pay a fine of two hundred paṇas, and thus proportionably for a more or less quantity.

245. He who adulterates[338] medicine, or oily commodities, or salt, or perfumes, or corn, or sugar, or other saleable articles, shall be fined sixteen paṇas.

246. For making one sort of article to appear [69]to be of another sort, whether it be earthen goods, or skins, or precious stones, or threads, or corn, or wood, or bark of trees, or clothes, a fine [is ordained of] eight-fold the purchase money.

247. For him who changes a covered basket,[339] or who gives in pledge or sells counterfeit drugs in a wrapper,[340] the fines prescribed are,

248. where [the value is] below a paṇa fifty paṇas, where [it amounts to] a paṇa one hundred paṇas, where to two paṇas two hundred paṇas: with increase of value the fine increases.

249. The highest fine is imposed on those who, [although] aware of the rise or fall in prices, combine, to the prejudice of labourers and artists, to create a price [of their own].

250. For traders who combine, by [arbitrarily fixing] an improper price, to impede [the traffic in] any commodity, or to make [an injurious] sale of it,[341] the highest fine is ordained.

251. The price in [transactions of] sale and purchase, daily, is regulated by the monarch;[342] the difference[343] is declared to be the traders' profit.

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252. On goods of his own country let a trader clear a profit of five per cent., and ten per cent. on those of another country; provided he make prompt sale of his purchase.

253. [The monarch] is to determine the price, in unison with the wishes of both purchaser and seller; first adding to the cost of the article the expense of bringing it to the market.[344]

254. He who, having received the price of any commodity, fails to deliver it to the buyer, shall be compelled to deliver the article, together with damages [for the detention]; and should the buyer be from foreign parts, then, the foreign profit [shall be added].

255. There may be a re-sale of goods sold, if the original buyer will not receive them. If loss arise from misconduct of the buyer, he shall bear it.

256. Whatever damage may befal goods by [act of] the monarch, or by accident, shall be the loss of the seller,[345] where he has failed to make delivery on demand.

257. If a person re-sell that which has been sold to another, or sell, as sound, a damaged article; [in either case] the fine shall be double the value [of the article sold].

258. A trader who makes a purchase in ignorance of the rise and fall of prices, must not recede [71]from his bargain; if he do, he shall be fined a sixth [of the price].

259. Traders who carry on business jointly, for profit, shall share the profits and losses, either in proportion to the capital [brought in by each], or according to the contract between them.[346]

260. [A joint trader] who occasions loss [to the partnership] by [engaging in] something which his partner has either prohibited or not sanctioned, or by any negligence, shall make it good: if [on the other hand by his personal exertion] he preserve anything [of the partnership property] from loss, he shall have the tenth of it.[347]

261. The monarch, for fixing the prices, should receive a duty of a twentieth.[348]

If an article of which the sale is prohibited, or one fitting for the monarch[349] [to possess], be sold [without the royal license], it shall be forfeited to the Crown.[350]

262. Whoever declares false weight, or avoids the place where custom is levied, shall be made to [72]pay eight-fold; so he who fraudulently buys or sells.[351]

263. A ferryman levying [toll as though for] land-duties, shall be made to pay a fine of ten paṇas.[352]

The same fine is ordained for omission to send invitations to bráhmaṇs of the neighbourhood.[353]

264. On the death of one departed to a foreign country, his male offspring, his maternal kindred, or those more remotely related, shall take the property: in their default, the monarch [succeeds].

265. Let the partners of a man who acts dishonestly exclude him from any share of the profits. Let him who is disabled [to act personally in the partnership business] act by the agency of another. Thus too it is enjoined for [associations of] priests[354] farmers, and craftsmen.

266. Capture of a thief by the officer is warranted by [his possession of] the property stolen, or by traces of him, also by his having been an offender previously, or his being an inmate of a house of ill repute.

267. And others there are who may be arrested on suspicion, viz., such as conceal their caste, [73]name, &c., also those addicted to gambling, to women, and to drinking, and such as have [betrayed themselves by] a parched mouth in speaking, or a stammering voice;

268. those, moreover, who are inquisitive about others' goods and houses, or who put on a disguise, or who expend [lavishly] although they have no [ostensible] income, or who sell things that have been in use.

269. If one arrested on suspicion of theft do not clear himself, he is to be punished as a thief, being first compelled to make good the property stolen.

270. [The monarch] should compel the thief to make restitution of the stolen articles, and subject him to [such of] the different corporeal inflictions [as may be proper]: a bráhmaṇ [who is a thief] he shall brand and banish the realm.

271. When a murder or theft has occurred, and [the criminal] is not traced beyond the village, blame falls on the village governor; if [he be traced] to the public road, blame falls on the governor of the district; if traced out of the district, the officer charged with pursuit of criminals shall be to blame.

272. The village within whose boundary [the crime is perpetrated] shall pay; or [that village shall pay] to which track [of the criminal] leads; so, if the track lead to a place within a krôsh[355] [74]skirting five villages [all shall pay]; so of ten villages.

273. House-breakers,[356] they who steal horses or elephants, murderers by open violence—such shall be impaled.

274. He who purloins [apparel, &c.[357]] shall have a hand cut off; cut-purses,[358] shall have the thumb and fore-finger cut off; for a second offence, a hand and a foot shall be cut off.

275. For theft of goods of trifling, of medium, and of the highest value,[359] the penalty to be inflicted is proportioned to the value of what is stolen. In its determination, place, time, age, and ability, are to be considered.[360]

276. One who knowingly supplies a thief or a murderer with food, shelter, fire, water, counsel, implements, or money, incurs the highest fine.[361]

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277. For wounding with weapons, and for causing abortion, the highest fine is ordained; the highest or the lowest for killing a man or a woman.

278. A woman incorrigibly wicked, one who has slain a man, one who has destroyed dams,[362] shall, unless she be in a state of pregnancy, be thrown into [deep] water with a [heavy] stone tied to her.

279. A woman who is a poisoner, or an incendiary, one who has slain her husband, her guru, or her child, shall be put to death by bulls, her ears, hands, nose, and lips being cut off.[363]

280. If a man be slain, and it be not known who did the deed, his sons, kindred, wives, also women who are in habits of illicit intercourse, are to be separately and without delay questioned,—as to, whether any quarrel has occurred,

281. whether the deceased was addicted to women, or fond of what is costly, or seeking gain,[364] also with whom he had gone—or, the people in the neighbourhood of the place where the murder occurred shall be examined, by gentle means.

282. Incendiaries of fields, houses, forests, villages, pasture-grounds or granaries, also one who has intercourse with the wife of the king, are to be burned in a straw-fire.

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283. A man is to be apprehended for adultery, if [found] with another man's wife in mutual grasping of hair or with recent love-marks, or when both admit [their fault],

284. or [if the man be found] toying with her girdle, with her breasts, her upper garment, her thigh, or her hair, or conversing with her at an unfitting place or hour, or on the same spot with her.[365]

285. The wife, if [so acting] after express prohibition, shall pay one hundred paṇas fine; the man, two hundred paṇas: if both have been expressly prohibited [so demeaning themselves], their punishment shall be the same as for adultery.[366]

286. For adultery with a woman of equal cast, a man incurs the highest fine; with a woman of lower cast, the middle fine; with a woman of higher cast, [the penalty is] death,[367] and the woman is to have her ears, &c.[368] cut off.

287. If one make off with a virgin decked out [for the bridal], he shall pay the highest fine; if she be not so circumstanced, then the lowest fine. Thus it is, if the virgin be of equal cast: if she be of higher cast, [the penalty of] death is ordained.

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288. In the case of a virgin consenting and of inferior cast, no offence [is committed]; otherwise, there is a fine.[369] For ravishing her, the man's hand shall be cut off: if the virgin be of the highest cast, [the penalty is] death.

289. Whoso speaks disparagingly of a woman shall forfeit one hundred paṇas; but, two hundred, one who brings a false charge against [a woman]. Whoso has carnal knowledge of a brute animal shall forfeit one hundred paṇas; if of a lowest cast woman[370] or of a cow, the middle fine.

290. If a man[371] have carnal intercourse with female slaves or servants, or even with common women, [such slaves, &c.] being kept [by those to whom they belong] secluded,[372] he shall pay a fine of fifty paṇas.

291. For forcing a female slave,[373] it is written, there shall be a fine of ten paṇas; if many [men so] attack one slave, each one shall pay twenty-four paṇas.

292. A public woman who refuses after taking her hire, shall forfeit twice the amount; so, if the man [decline after contracting, yet] he shall pay.

293. Whoso knows a woman unnaturally, or voids his water upon a man, also one who has [78]carnal knowledge of a female mendicant, shall be fined twenty-four paṇas.

294. [The monarch] shall banish him who goes to a woman of the lowest grade, having branded him with dishonoring emblems: if a Śúdrá so act, he shall be [classed among] the lowest. Death shall be to the man of lowest grade who goes to a respectable woman.

295. Whoso fabricates a royal grant,[374] be it for much or little, or sets free one who has kidnapped a woman, shall pay the highest fine.

296. One who brings dishonor to a bráhmaṇ by giving as food what is unfit to be eaten, is amenable to the highest fine; if to a kshattriya, the medium fine; if to a vaisyá, the lowest fine; if to Śúdrá, half the lowest.

297. If one trade with counterfeit gold, or sell tainted meat; three of his members[375] shall be amputated, and he shall pay the highest fine.

298. Damage caused by four-footed animals shall not be borne by their owner, if he have given warning to clear the way: so, with regard to wood, earth, arrows, stones, a man's arm, or any yoked animals.

299. If death be caused by a vehicle through the breaking of the [animal's] nose-bridle, or through breaking of the yoke, or the like, or from [79]its running backwards, the owner is [to be held] blameless.[376]

300. If the owner of biting or horned animals do not, although able, rescue [a person attacked], he shall pay the lowest fine: but, if there was a cry for help, then, double that fine.

301. He who calls an adulterer, 'thief,' shall be made to pay a fine of five hundred paṇas: whoever releases such an one, being bribed thereto,[377] shall be made to pay eight-fold the amount [of the bribe].[378]

302. Whoso speaks what is offensive to the monarch, or reproaches the monarch, or divulges the monarch's counsel, shall have his tongue excised and be banished.

303. Whoso makes sale of garments [used to wrap] the dead, or strikes his guru, or seats himself on the vehicle or on the seat of the monarch, shall pay the highest fine.

304. Whoso beats out both [a person's] eyes, a bearer of odious tidings to the monarch, also a Śúdrá holding himself out as a bráhmaṇ,—[each of these] shall be fined eight hundred paṇas.

305. Such law suits as have been decided unrighteously shall be re-investigated by the monarch: [in case of reversal of the judgment] the judges and the winning party shall be amerced in double the amount of the fine decreed in the suit.

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306. Should one defeated on the contest of his suit represent as though he were not defeated, he shall, when he comes [again to urge his suit, besides] being re-defeated, be fined double.

307. Should the monarch have inflicted any fine unjustly, he shall himself, after making invocation to Varuṇa,[379] present thirty times the amount [of the fine] to bráhmaṇs.