10

10. Consequently, where there is no agreement as to the time of

to that merchandise for which the price has been tendered. When the price has not been tendered, there is no offence to be imputed to the vendor, except in the case of a special agreement.

* 1 1. It is for the sake of gain that merchants are in the habit of buying and selling merchandise of every sort. That gain is, in proportion to the price, either great or the reverse.

*i2. Therefore shall merchants fix a just price for their merchandise, according to the locality and season, and let them refrain from dishonest dealings. Thus (by adhering to these principles) traffic be- comes an honest profession.

* I. When a purchaser, after having purchased an article for a (certain) price, repents (of the purchase made by himself), it is termed Rescission of Pur- chase, a title of law.

*2. W^hen a purchaser, after having purchased an article for a (certain) price, thinks he has made a foolish bargain, he may return it to the vendor on the same day, in an undamaged condition.

delivery, the vendor commits no wrong by retaining a commodity sold, on purpose to obtain payment. Thus according to the gloss in Colebrooke's Digest, III, 3, 20. The Viramitrodaya (p. 441) has a slightly different explanation. * Where the price for a sold chattel has not been paid, and the purchase concluded through a verbal engagement merely, there is no offence whether it be ratified or not, unless. there should be an agreement in this form, "This purchase cannot be rescinded." '

*3. When the purchaser returns it on the second day (after the purchase has been made), he shall lose a thirtieth part of the price. (He shall lose) twice as much on the third day. After that time, the purchaser is bound to keep it.

* 4. The (intending) purchaser shall first examine an article (before purchasing it), in order to find out its good and bad qualities. That which has been approved by the purchaser after close examination, cannot be returned to the vendor.

* 5. Milch cattle may be examined for three days; animals of burden, for five days; and in the case of precious stones, pearls, and coral, the period of examination may extend over seven days.

^^6. Bipeds shall be examined within half a month; a female, within twice the same (space of time); all sorts of grain, within ten days; iron and clothes, within a single day.

* 7. A worn gown, which is in a ragged condition and soiled with dirt, cannot be returned to the vendor, if it was in that blemished state at the time when the purchase was effected.

^'8. Wearing apparel loses the eighth part of its value on being washed for the first time; the fourth

IX, 3. ' He shall lose a thirtieth part,' he shall give one-thirtieth part more than the stipulated price. ' Twice as much,' i. e. a fifteenth. See Colebrooke's Digest, III, 3, 5.

5, 6. ' For three days,' including the day of purchase. The terms ' for five days,' &c., have to be interpreted in the same way. ' Milch cattle,' such as e.g. female buffaloes. 'Animals of burden,' such as e. g. young bulls. ' Bipeds,' males, i. e. male slaves. ' Twice the same space of time,' a month. ' A female,' a female slave. Vira- mitrodaya, pp. 433, 434. Manu VIII, 222; Y%-wavalkya II, 177.

8, 9. When apparel has been given to a washerman to be washed by him, he is bound to make good the value of that

part (on being washed) for the second time; the third part (on being washed) for the third time; and one half (on being washed) for the fourth time.

*9. One half of the original value having been lost, a quarter (of the reduced value) shall be de- ducted henceforth, till the fringe is tattered and (the cloth) In rags. In the case of tattered cloth, there is no rule regarding the reduction of its value (through being washed).

* 10. There is no other way for preparing metallic apparatus of any sort than by forging it in fire according to the rules (of art). While they are being forged, (the weight of) the metals is diminished by exposure in fire.

* 1 1. Gold is not injured at all (by such treatment). On silver, the loss amounts to two Palas in the hundred. On tin and lead, the loss is eight Palas in the hundred.

■^'' 12. On copper, as well as on utensils made of it, the loss should be known to be five Palas (in the hundred). As for iron, there is no fixed rule re- garding the loss arising on it, because it is different in nature from the other metals.

which has been spoiled by him. If it has been washed a single time, he must make good its original value minus an eighth. If it has been washed twice, he must make good its original value minus a fourth. Thus if it has been washed three times, a third has to be deducted from the original value, and so forth. Viramitrodaya,

II, 12. The value of gold is not diminished on its being heated in fire. Therefore, as much (gold) as has been delivered to a goldsmith for making a bracelet and the like, thus much shall the goldsmith restore after having weighed it. Otherwise, he shall be compelled to restore the loss, and to pay a fine. When silver, a hundred Palas in weight, is heated in fire, the loss amounts to

13. The loss and gain arising from the prepara- tion of cloth shall be stated (next). On yarns made of cotton or wool, the increase of value amounts to ten in the hundred.

14. (This rule has reference) to large tissue (only). In the case of (tissue of) middle size, five in the hundred (is gained). In the case of very fine tissue, the gain is said to amount to three Palas in the hundred.

15. In the case of cloth made of the hair of an animal, and of embroidered cloth, the loss amounts to one- thirtieth. In the case of silk stuff and of cloth prepared from the inner bark of trees, the gain is the same (as the loss in the preceding case). Nor is there any loss (in these cases).

*i6. A merchant who is acquainted with the qualities of the merchandise (he deals in) must not

two Palas. When a hundred Palas of tin or lead is heated in fire, the loss amounts to eight Palas. In the case of copper, the loss shall be five Palas. Artizans losing more than the above amount shall be punished. Mitakshara, pp. 264, 265. Ya^wavalkja, II, 178. 13-15. When a blanket or the like is made of coarse woollen thread, the increase must be considered to amount to ten Palas in the hundred. The same rule applies in the case of cloth and the like made of cotton thread. In the case of cloth and the like of a middling quality, i.e. which is not made of very fine thread, the increase amounts to five Palas. In the case of cloth made of very fine thread, the increase is three Palas in the hundred. All these rules apply in the case of washed cloth only. That is called ' embroidered cloth ' (karmika or karmakrz'ta) where a circle, Svas- tika, or other (figure) is worked on woven cloth, with coloured yarns. * Cloth made of the hair (of an animal) ' is where hairs are joined so as to form a piece of cloth or the like. Mitakshara, pp. 265, 266. ManuVIII, 397; Ya^^avalkya II, 179, 180.

16. * He must not annul a purchase,' he must not repent of it. * He must know ' before concluding a purchase, the ' loss and gain on merchandise,' such as horses or others, i.e. the diminution of

annul a purchase, after having once made it. He ought to know all about tho profit and loss on merchandise, and its origin.

^^ I. The aggregate of the rules settled amongst heretics, followers of the Veda (Naigamas) and others, is called Samaya (compact, or established usage). Thus arises a title of law, termed Trans- gression of a Compact.

* 2. Among heretics, followers of the Veda (Nai- gamas), guilds (of merchants), corporations (Ptigas), troops (of soldiers), assemblages (of kinsmen), and other (associations) the king must maintain the usages (settled among them), both in fortified towns and in the open country.

its value in one country, and the increase of its value in another country, and ' its origin,' the country where it comes from. That is the meaning. Viramitrodaya, pp. 434, 435.

X, I. 'Heretics,' Kshapawakas (Buddhist or Jain mendicants) and others who detract from the authority of the Veda. ' Naigamas,' traders or merchants. According to the Mitakshar^, the term Naigama refers to Pifupatas and others who uphold the authority of the Veda. The term 'and others' is used to include corporations of learned Brahmans and other (associations). Viramitrodaya, p. 423. The term samaya, literally 'compact,' denotes local or caste usages, the violation of which forms the subject of the tenth title of law.

2. Of the term Naigama, the commentators give the same two different interpretations as in the preceding paragraph. I have referred it to ' followers of the Veda,' because it comes immediately after the term ' heretics.' The term p%a has three interpretations in this place. Some say it means 'companies of traders or others.'

*3. Whatever be their laws, their (religious) duties, (the rules regarding) their attendance, and the (particular mode of) livelihood prescribed for them, that the king shall approve of.

*4. The king shall prevent them from undertaking such acts as would be either opposed (to the wishes of the king), or contemptible in their nature, or injurious to his interests.

* 5. Mixed assemblages, unlawful wearing of arms, and mutual attacks between those persons shall not be tolerated by the king.

Others say it denotes ' associations of persons differing in caste, whose mode of subsistence is not fixed.' The Viramitrodaya interprets it as referring to riders on elephants, horses, &c. In explanation of the terms vrata, ' a troop of soldiers,' and ga«a, ' an assemblage of kinsmen,' the commentators quote the following text of Katyayana: * A muldtude of united men armed with various weapons is called vrata. An assemblage of families is called ga«a.' Manu VIII, 41; Ya^ilavalkya II, 192, &c.

3. * Their laws,' such as to speak the truth. ' Their (religious) duties,' such as the duty of going about begging alms when the night is over, early in the morning. * The rules regarding their attendance,' the duty of attending, in a temple or other (public hall), for the affairs of the community, when the sound of a drum or other instrument is heard. Viramitrodaya, p. 430. The Ratnakara interprets the term karma, ' their (religious) duties,' by 'their proper occupation for a Lvelihood.' The drift of this rule, according to Gagann ^ ha, is this, that the king must not act otherwise than is consistent with the usages of castes or other corporations. See Colebrooke's Digest, III, 2, 11. Ya^navalkya II, 192, &c.

4. ' Contemptible in their nature,' essentially despicable, such as the eating of betel, which is customary among heretics and others. * Injurious to his interests,' causing pecuniary loss, &c. ' He shall prevent them from undertaking such acts,' he shall act so that they do not undertake them. Viramitrodaya, pp. 430, 431.

5. * Mixed assemblages,' meetings or gatherings of persons differing in caste. 'Unlawful wearing of arms,' wearing arms without sufficient motives, such as the apprehension of a danger. See Ratnakara, as quoted in Colebrooke's Digest, III, 2, 25.

XI, 2. VIOLATION OF A COMPACT; BOUNDARIES. 1 55

'''6. Those who cause dissension among the members of an association, shall undergo punish- ment of a specially severe kind; because they would prove extremely dangerous, like an (epi- demic) disease, if they were allowed to go free.

*7. Whenever a criminal act, opposed to the dictates of morality, has been attempted, a king desirous of prosperity shall redress it.

ELEVENTH TITLE OF LAW. Boundary Disputes.

*i. Whenever (a decision has to be given) in regard to landed property, whether it be a dike (or bridge), a field, a boundary, a tilled piece of ground, or a waste, it is termed a Boundary Dispute.

2. In all quarrels regarding landed property or boundaries, the decision rests with the neighbours, the inhabitants of the same town or village, the

6. * An association,' a guild of merchants or other corporation. Viramitrodaya, p. 430.

7. When an act tainted with the sin of covetousness or another crime, and opposed to the dictates of revealed and traditional law, such as e.g. the prostitution of widows or other (virtuous females) among heretics or other (sinful men), has been attempted, the king must redress it, though it may have been practised for a long time. Viramitrodaya, p. 431.

XI, I. The meaning is as follows: 'A dike,' an embankment for the purposes of irrigation. *A field,' a cultivated piece of ground (under water). 'A boundary,' a landmark. 'A tilled piece of ground,' cultivated soil. *A waste,' uncultivated ground. When a decision has to be given in a quarrel with regard to any of these, it is called a lawsuit concerning landed property, or Boundary Dispute. Viramitrodaya, p. 451.

(other) members of the same community, and the senior (inhabitants of the district),

*3. (As also) with those living outside on the outskirts of the village and who live by the tillage of fields situated in those parts, and with herdsmen, bird-catchers, hunters, and other inhabitants of the woods.

4. These men shall determine the boundary, in accordance with the (old) landmarks, (such as) chaff of grain, coal, pot-sherds, wells, sanctuaries, trees,

5. Objects of general notoriety, such as ant-hills, artificial mounds, slopes, hills and the Hke, and fields, gardens, roads, and old dikes,

6. When a piece of ground has been carried off by a stream, or abandoned (by the owner), or when the boundary marks have been destroyed, (they shall fix the boundary) according to the inference to be drawn from (an inspection of) the spot, and according to the traces of possession (held by the former owner).

* 7. Should the neighbours speak falsely, when called upon to decide a question of this sort, they shall all be punished one by one by the king, each having to pay the fine of the (second or) middlemost degree.

*8. The corporation, the senior (Inhabitants of

3. The foresters shall only be consulted in default of cultivators whose fields are adjacent to the boundaries of the village. Virami- trodaya, p. 456. ManuVIII, 260. Ya^wavalkya II, 150.

4, 5. ManuVIII, 246-251; Ya^ilavalkya II, 151.

7. Manu VIII, 263; Ya^?iavalkya II, 153. The fine of the second degree consists of 500 Pawas.

8. The lower degree of punishment in the case of the persons here mentioned seems to be due to the fact that they may be supposed to be interested in the suit.

the district) and the rest shall also receive punish- ment one by one: they shall have to pay the fine of the first degree, if they make false statements.

*9. The boundary should not be fixed by one man single-handed, though he be a reliable person. This business should be entrusted to a plurality of persons, because it is an affair of importance.

*io. Should a single man undertake to fix the boundary, (he must do so) after having kept a fast, in a collected frame of mind, wearing a garland of red flowers and a (red) cloak, having strewed earth on his head.

* II. Should there be no persons conversant (with the true state of the question) and no boundary marks, then the king himself shall fix the boundary between the two estates, as he thinks best.

12. According to this rule let all contests be decided in regard to houses, gardens, reservoirs of water, sanctuaries and the rest, as well as the space intermediate between two villages.

* 1 3. When trees have grown on the boundary (or ridge) separating two contiguous fields, the fruits and blossoms shall be assigned to the owners of the two fields in common.

9. According to the Viramitrodaya (p. 458), this prohibition in regard to the determination of the boundary by a single man, has reference to those only who are not acceptable to both parties and unacquainted with the law.