16

16. The Vai^yas would abandon their work, and the KS'iidras eclipse all (the rest), if the kings did not visit their subjects with punishment (when they have committed an offence).

1 7. To show favour to the virtuous at all times and to oppress the wicked, that is declared to be the duty of kings; gain (results to them) from the op- pression of their foes.

18. As fire is not polluted even though it always burns the creatures of this world, even so a king is not polluted by inflicting punishment on those who deserve it.

19. Intelligence is the glory of rulers; it becomes

14, 15. ManuVII, 20. 16. Manu VII, 21, 24.

19. For 'intelligence' the Nepalese MS. has 'a royal edict.'

manifest in their speeches; whatever sentence they may pass, whether unjust or just, settles the law between litigant parties.

20. (Law) personified as a king, roams on earth visibly, with a thousand eyes. Mortals cannot live at all if they transgress his commandments.

21. Whatever a king does is right, that is a settled rule; because the protection of the world is entrusted to him, and on account of his majesty and benignity towards living creatures.

22. As a husband though feeble must be con- stantly worshipped by his wives, in the same way a ruler though worthless must be (constantly) wor- shipped by his subjects.

23. In order that mortals, fearing the orders issued by kings, might not swerve from the path of duty, therefore royal orders are declared to arise from lawsuits.

24. It is for the establishment of order that various laws (/^aritra) have been proclaimed by kings. A royal order is declared to overrule such laws even.

25. A ruler has purchased his subjects through (the practice of) austerities; therefore the king is their lord. For that reason, his bidding must be obeyed; their livelihood even depends on the king.

26. Kings, endowed with immense power, appear (variously) in the five different forms of Agni, Indra, Soma, Yama, and the God of Riches.

24. Aaritra seems to mean Maw' or 'custom' in this place. Regarding the comparative authority of ^aritra and ra^ufdsana, *a royal order,' see p. 7, note. The Nepalese MS. omits 23, 24.

27. When a ruler is, either justly or without (suf- ficient) reason, ardent in wrath and burns (or tor- ments) his subjects, he is called Agni (the god of fire).

28. When, relying on his regal power, the king attacks his foes, desirous of victory and upraising a weapon, he is termed Indra.

29. When, free from ardent wrath, he appears before his subjects with a cheerful countenance, he is denoted Soma (the Moon).

30. When the king having seated himself, full of majesty, on the throne of judgment, deals out punish- ment, equitable towards all creatures, he is called Vaivasvata (or Yama).

31. When a ruler gladdens with gifts petitioners, persons commanding respect, wise men, servants and others, he Is called the God of Riches.

32. Therefore one must not treat him with con- tempt, and, particularly, not scold at him, and pay obedience to his bidding; to disobey him would bring on (Instantaneous) death.

33. His duties are, the protection of his subjects, honouring the aged and wise, the trial of lawsuits, and to make (each caste) abide by the duties as- signed to it.

34. Let a king be constantly Intent on showing honour to the Brahmans. A field furnished with Brahmans Is the root of the prosperity of the world.

34. Manu VII, 82, 83; Ya^Tzavalkya I, 314.

distinguished seat at the king's court. The king shall show his face in the morning before the Brah- mans first of all, and shall salute them all.

36. When nine or seven persons (of different rank) meet, they shall first make room for the Brahman to pass by. (Further privileges assigned to the Brahman caste are) free access to the houses of other people, for the purpose of begging alms,

2,"]. The right to collect fuel, flowers, water, and the like, without its being regarded as theft, and to converse with other men's wives, without being restrained (in such intercourse) by others,

38. And the right to cross rivers without paying any fare, and to be conveyed (to the other bank) before other people. When engaged in trading and using a ferry-boat, they shall have to pay no toll.

36. That privilege of the Brahman caste, which is referred to in the first part of this paragraph, finds its explanation in a well- known rule' of the Dharmaj-astra regarding persons for whom way- must be made, on meeting them in a road. Thus it is ruled by Gautama (VI, 24) that way must be made for a man seated in a carriage, for one who is in his tenth (decade), for one requiring consideration, for a woman, for a Snataka, and for a king; but that a king himself must make way for a iSrotriya (learned Brahman). This makes in all seven persons for whom way should be made. Manu (II, 138), Ya^>/avalkya (I, 117), Baudhayana (II, 6, 30), and Vish«u (LXIII, 51) agree in enumerating eight persons of this sort. Vasish//^a (XIV, 57-60) mentions nine. See, too, Apas- tamba II, 5> ii» 5-7-

37. Manu VIII, 339; Apastamba I, 10, 28, 3; Gautama XII, 28; Ya^wavalkya II, 166.

38. Manu VIII, 407; Vish«u V, 132. The last clause is thus given in the Nepalese MS.: 'They shall have to pay no toll on being carried across a river in a ferry, unless (they should cross it) for trading purposes.'

39. A Brahman engaged In travelling, who is tired and has nothing to eat, commits no wrong by taking himself two canes of sugar or two esculent roots.

40. (No gift must be accepted) from one accused of a crime, an outcast, an enemy, an atheist, one in distress, without necessity, or after inflicting pain on the giver.

41. (Gifts shall be accepted) from industrious people on account of their wealth, and from generous people because it Is proper to accept gifts from such; to accept gifts from kings is laudable; (they may be accepted) from all people excepting Brahmans.

42. Between a Brahman and a king, who are both devoted to their duty, there is no difference of any sort, when they protect mankind (acting) in accord- ance with the sacred law.

43. If a ruler, though severe, is mindful of his duty, correct in his conduct, and (quick to) punish the wicked, in order to protect (the virtuous), his wealth Is declared to be pure.

44. When a man accepts a gift from a covetous king, who transgresses the precepts of the sacred books, he shall have to pass through the well-known twenty-one hells in succession.

45. As pure and impure waters become alike on their junction in the ocean, even so (all) property acquired by a king (becomes pure in his hands).

39. Gautama XII, 49, 50; Manu VIII, 341. Or 'five esculent roots,' according to the Nepalese MS.

44. For a list of the twenty-one hells, see Manu IV, 88-90; Vishnu XLIII, 1-22. The Nepalese MS. omits this paragraph.

45. A different opinion has been enounced above, XV, 14.

46. As gold, on being thrown into blazing fire, acquires purity, even so all gains become pure in the hands of kings.

47. When any man gives any property of his to Brahmans, the king must give his consent to it; this is an eternal law.

48. Both the other customary receipts of a king and what is called the sixth of the produce of the soil, form the royal revenue, the reward (of a king) for the protection of his subjects.

49. Whatever has been bestowed on others than Brahmans may be resumed; but that which has been given to Brahmans can never be taken back again.

50. To give, to read, and to sacrifice (on his own account) are the three duties of a Brahman; To sacrifice for others, to teach, and, thirdly, to collect alms are his (three) means of subsistence.

5 1. Let a Brahman be devoted to his duty and take a livelihood from the king, and let him not accept gifts from persons of vile origin, if he is anxious to observe the law.

52. How should a king be inferior to a deity, as it is through his word that an offender may become innocent, and an innocent man an offender in due course?

53. Those who being acquainted with the divine nature of a king, endowed with majestic dignity as he is, accept gifts from him, do not in the least disgrace themselves (by doing so).

54. In this world, there are eight sacred objects:

48. Manu VII, 130-132; Gautama X, 24-27; Vasish//5a XIX, 26, 27; Apastamba II, 10, 26, 9; Vish«u III, 22-25; Baudhayana I, 10, 18, I.

a Brahman, a cow, fire, gold, clarified butter, the sun, the waters, and a king as the eighth.

55. These one must always look up to, worship and honour them personally, and turn the right side towards them, in order that one's existence may be prolonged.

I. Two kinds of robbers who steal the goods of others have to be distinguished, the one kind open, and the other kind concealed. Let a prudent king try to find them out.

*2. Open rogues are those who forge measures and weights, receivers of bribes, robbers, gamblers, public prostitutes,

*3. Those who walk in disguise, those who live by teaching the performance of auspicious ceremonies, these and such like persons are considered open rogues.

*4. Rogues acting in secret are those who roam in the wood, or lie concealed, as well as those who make a profession of stealing. They attack and rob (those who do not beware of them).

5. Those who infest a country, a village, or a house, or disturb a sacrificial act, cut-purses, and

* This section is found in the Nepalese MS. only. See Intro- duction. The reading of several passages is uncertain, and this circumstance, taken together with the want of a Commentary, ren- ders my translation less reliable than could be desired.

Appendix. Theft. 1-4. Manu IX, 256-260. The technical terms have been translated in accordance with the glosses of Manu's commentators, as given in the notes to Professor Buhler's translation. In par. 4, mushya/w seems to stand for mush/ya/^.

Other persons of this sort have to be considered as concealed rogues also.

* 6. Blameless persons with whom the stolen goods are not found must not be chastised as robbers by the king; but let him quickly punish those robbers as guilty of theft with whom the stolen goods have been found.

*7. Those (rogues) who ravage in their own country, and those who disturb sacrificial acts, he shall strip of their entire wealth and rebuke them severely.

*8. Those on whom the stolen goods have not been seized he must examine, when they have been arrested from suspicion. Their fear having been excited, they will give evidence, through anxiety, in accordance with the facts of the case.

*9. Questions shall be proposed to them anti- thetically with regard to place, time, region, their caste, their name, their dwelling, and their occupa- tion, in case they happen to be workmen.

'^'^lo. When the face changes colour or the voice falters, or the features look suspicious, when they do not give evidence in public, when they make impos- sible statements as to place and time, when there exists a doubt as to their place of residence,

*ii. When they indulge in expense for bad pur- poses, when they have been previously convicted of larceny, when they keep bad company, or when documents speak against them, (by all such circum-

9. * Antithetically ' (vinigrahe), or ' when they have been arrested/

10, II. A somewhat analogous description of the signs by which a false witness may be found out, has been given previously: Ij 193-196.

Stances) they may be discovered (to be thieves), not by the possession of the stolen goods alone.

'''12. When a ruffian or robber becomes suspected, and (the judge) has found out circumstantial evidence (which speaks against him), he shall be caused to make an oath.

*i3. Those who give food to thieves, as well as those who supply them with fire or water, or who give shelter, or show the way to them, or make their defence,

*i4. Or who buy their goods, or receive (their goods), are held to be equally punishable as they, and so are those who conceal them.

15. Those who in a principality are the governors of that principality, and the neighbours called in (to watch over the safety of life and property) are (reckoned as) equal to thieves, when they stand neutral during the attack (of robbers).

*i6. He on whose ground a robbery has been committed, must trace the thieves to the best of his power, or else he must make good what has been stolen, unless the footmarks can be traced from that ground (into another man's ground).

^^17. When the footmarks, after leaving that ground, are lost and cannot be traced any further, the neighbours, inspectors of the road, and governors of that region shall be made responsible for the loss.

12. The term leja has been rendered by ' circumstantial evidence,' because it seems to be synonymous with yuktile^a, I, 236.

16. The term go^ara, translated 'ground,* may denote the landed property or pasture ground of a whole village. See above, XIV, 22, 23.

1 8. When a house has been plundered, the king shall cause the thief-catchers, the guards, and the in- habitants of that kingdom to make good the loss, when the thief is not caught.

19. Or, if he is a wicked man and there exists a doubt as to (whether) the robbery (was actually com- mitted or not), the person (alleged to have been) robbed shall be caused to make an oath regarding the robbery, to clear himself (from suspicion).

20. When another person than the thief has been accused of robbery and has been declared thief, be- cause he is unable to prove his innocence, he shall be paid twice as much (as has been stolen), after the (real) thief has been detected.

21. When a man has obtained property stolen by a thief, he must restore it in its pristine shape; if it be no longer in existence, he must make good its value, and must be made to pay a fine to the same amount

*22. For stealing wood, cane, grass and the like, (utensils) made of clay, bamboo, utensils made of bamboo, rattan, bone, leather,

'"'23. Vegetables, green roots, grass or flowers, cow-milk, molasses, salt, or oil,

*24. Cooked food (and other) prepared food, spirituous liquor, flesh, and every sort of objects of small value — (for stealing any of these) a fine five times the value (of the article stolen should be paid).

"^2^. (For stealing) any articles sold by weight or measure or tale, the fine shall be eight times their amount, in case they are very valuable.

19. The senseless reading of the MS., dapyaka tesham, has been conjecturally altered into doshakartaisha.

22-24. ManuVIII, 326-329. 25. Manu VIII, 321.

26. Corporal punishment (or death) shall be in- flicted on him who steals more than ten Kumbhas of grain; where the amount is less, he shall be made to pay eleven times as much. Thus Manu has declared.

*2 7. (For stealing) more than a hundred (Palas* worth) of gold, silver, or other (precious metals), or the finest clothes, or very precious gems, corporal punishment (or death shall be inflicted).

28. He who steals a man shall have to pay the highest fine; he who steals a woman (shall be stripped) of his entire wealth; and he who steals a maiden (shall sufler) corporal punishment.

*29. On him who forcibly seizes large domestic animals, the highest fine shall be inflicted; the middlemost amercement on him who takes cattle of middle size; and the smallest fine on him who steals small cattle.

30. The first (or lowest) fine to be inflicted on a guilty person shall amount to neither more nor less than twenty-four (Pa;^as). The middlemost fine shall consist of not more than four hundred, and not less than two hundred (Pawas).

31. The highest fine should be known to consist of not more than a thousand, and not less than five hundred (Pa;^as). This is the threefold gradation of punishment, which has been proposed by the Self- Existent for robberies.

26. Manu VIII, 320. 27,28. Manu VIII, 321, 323.

30, 31. The reading of these two paragraphs is quite uncertain. The rules laid down here apparently differ considerably from the analogous rules of Manu (VIII, 158) and other legislators.

'"'32. (When the offence has been committed) for the first time, cut-purses shall have their (little) finger and thumb cut off. (When it has been committed) for the second time, the first fine shall be levied on them.

"^2,3- For (stealing) cows belonging to a Brahman, for piercing (the nostrils of) a barren cow, and for stealing a female slave, (the thief) shall in every case lose half his feet.

34. With whatever limb a thief acts among men, that very (limb) shall be taken from him, this is a law enacted by Manu.

35. Let him Inflict a specially heavy punishment on a specially criminal thief, or (a lighter one) on one whose offence Is less heavy. But let him not (punish an habitual thief) In the same way as for the first offence.

36. Manu, the son of the Self-Existent, has declared ten places of punishment, which should be (selected) In (punishing members of the) three (lower) castes; a Brahman should remain uninjured always.

3y, (Those places are) the privy parts, the belly, the tongue, the two hands, and, fifthly, the two feet; as well as the eye, the nose, the two ears, the pro- perty, and the body.

33. The parallel passage of Manu (VIII, 325) shows that sthd- rayaj k/iedana,m is the correct reading. For the three different explanations of this term, which have been proposed by the com- mentators of Manu, see the note to Professor Biihler's translation. The translation follows the interpretation proposed by Kulluka, Govindara^a, and Raghavananda, which appears to be preferable to the others.

34. Nearly identical with Manu VIII, 334.

36, 37. Nearly identical with Manu VIII, 124, 125.

38. After carefully considering the (nature of the) offence, the place and time, and after examining the ability (of the offender), and the motive (by which he was actuated), he shall inflict these punishments.

39. Neither for the purpose of gaining a friend (in him), nor for the acquisition of large wealth, must a wicked criminal be suffered to go free by the king. Thus Manu has declared.

40. By pardoning an offender, a king commits the same offence as by punishing an innocent man. Religious merit accrues to him from punishing (the wicked).

41. Let him not on any account kill a Brahman, though convicted of all possible crimes. He may at pleasure cause him to be banished, thus has the law been settled.

42. Let the king take his entire wealth from him or leave him a fourth part of it (only he must not take his life), remembering the law promulgated by the Creator. This is just.

43. For four offences of a Brahman, branding him is ordained (as punishment): for violating the bed of a Guru, for drinking spirituous liquor, for theft, and for hurting another Brahman.

* 44. For violating the bed of a Guru, (the brand of) a female part should be made; for drinking

42. The third Pada of this paragraph has been conjecturally altered, as it cannot be made out in the MS.

44. 45. Manu IX, 237. The last Pada in paragraph 44 cannot be made out in the MS.

Spirituous liquor, (the brand of) a liquor sign is ordained; for theft, he shall make (the brand of) a dog's foot (on his forehead).

45. The slayer of a Brahman shall have (the brand of) a headless man stamped on his forehead, and it is forbidden to speak to him. This is a law enacted by Manu.

46. A thief must approach the king with flying hair, running, and proclaiming his theft (with the words): ' Thus have I acted. Chastise me.'

47. By so doing he is cleared from guilt, because he has confessed his deed; the king, thereupon, shall touch him (with a club), or dismiss him, if he is innocent.

48. Those men who have received a punishment from the king for an offence committed by them, proceed to heaven, free from sin, as (if they were) virtuous men who had acted well.

49. Whether he be punished or released, the thief is freed from his crime; if, however, the king does not punish him, the crime committed by the thief falls on (the king) himself.

50. Self-possessed men are corrected by their Guru; wicked men are corrected (or punished) by the king; but those who have sinned in secret are corrected by Yama, the son of Vivasvat.

51. The crime of a ^Stidra in theft is eightfold (that of a man of the lowest caste); of a Vai^ya, sixteenfold; and of a Kshatriya, thirty-twofold.

46. Nearly identical with Manu VIII, 314.

49. Nearly identical with Manu VIII, 316. 51. Nearly identical with Manu VIII, 337.

52. Of a Brahman, sixty-fourfold; thus the son of the Self-Existent has declared. Knowledge makes a difference also. For knowing persons, (the punishment) is specially severe.

*53. Punishment is pronounced to be twofold: corporal punishment and fines. Corporal punish- ment is again declared to be of ten sorts; fines are (also) of more than one kind.

^''54. Fines begin with a Kaka^i, and the highest, amount of a fine is one's entire property. Corporal punishment begins with confinement and ends with capital punishment.

*55. ' Fines beginning with a K^ka/^t ' are declared to amount to no less than one Misha. Those are called 'fines amounting to no less than a Mdsha' which amount to one Karshapa;^a at most.

*56. ' Fines beginning with no less than a Karsha- pa;/a ' are those amounting to no less than four Karshapa;/as; or which begin with two, and end with eight (Kdrshapa/^as); or which begin with three, and end with twelve (Karshipa/^as).

*57. A Karshapa;^a is a silver coin in the southern country; in the east, it is an equivalent for (a certain number of) Pa;^as, and is equal to twenty Pa^^as.

53. ManuVIII, 129. See too, above, paragraphs 36, 37.

54. Kakam or Kakiwt is the name of a small coin. See par. 58. 53-56. This passage is quoted in the Smrz'ti^andriH, with

several different readings. One of them, in par. 55, deserves special notice. For mashavara^ smata^ (read smn'ta^), the Smn'tik. reads mashapara^ smrz'ta^, 'are declared to amount to no more than one Masha.' This is probably the correct reading.

57. According to Manu (VIII, 136), the Karshapawa is a copper coin. The reading of the second half of this paragraph is quite uncertain.

* 58. A Masha should be known to be the twentieth part of a Karshapa;^a. A Kdka;^i is the fourth part of a Masha or Pala.

59. By that appellation which is in general use in the region of the Punjaub, the value of a Karshapa;^a is not circumscribed here.

*6o. A Karshapa/^a has to be taken as equal to an A;^^ika; four of these are a Dhanaka; twelve of the latter are a Suvar;^a, which is called Dinara otherwise.

61. Let the king practise the duties of his office, and (follow) the rule of inflicting punishment, faithful to the tenets (of the sacred law). Let him destroy accordingly, as governor, the evil-doers, after having traced them by the application of cunning stratagems and arrested them.

59. The term iha, ' here,' may be either referred to the place of residence of the author of the Narada-smr/ti, or it may mean ' in this work/

60. An Andik^i is elsewhere reckoned at four Yavas. In the Viramitrodaya and other works, this text is attributed to Br/haspati. The coin called Dinara is the Roman denarius.

I, 2. He is called a (Pra^vivdka or) chief judge who — fully acquainted with the eighteen titles (of law) and with the eight thousand subdivisions thereof, skilled in logic and other branches of science, and thoroughly versed in revealed and traditional lore — investigates the law relative to the case in hand by putting questions (pra/) and passing a decision (vive^^ayati) according to what was heard or understood by him.

3. Let not a king actuated by arrogance or avarice promote litigation among persons not engaged in a controversy.

4. The king shall examine judicial quarrels between two litigant parties in a proper way, acting on prin- ciples of equity and discarding both love and hatred.

5. (In disputes) among merchants, artizans, or the like persons, and in (disputes concerning) persons subsisting by agriculture or as dyers, it is impossible for outsiders to pass a sentence; and the passing of

I, I, 2. Smritik. ash/ada^apadabhi^Tias tadbhedash/asahasravit I anvikshikyadikmala-^ jrutismrz'tiparayawa-^ li vivadasaw^rita;;? dhar- ma;« pnM/iati pra/ jrutawi matam I vive^ayati yas tasmat pra^vivakas tu sa smrha.k\\

4. Vy. K. ra^a dharmasahayas tu dvayor vivadam^nayo^ sam- yak. karyawy aveksheta rdgadveshavivar^itaA II

the sentence must, therefore, be entrusted to per- sons acquainted with such matters (in a cause of this sort).

6. A lawsuit cannot be instituted mutually between a teacher and his pupil, or between father and son, or man and wife, or master and servant.

7. A plaint is declared (inadmissible) likewise by the learned in law, when it has been raised by one against many, or by women, or by menials.

8. He shall be admitted as plaintiff whose griev- ance is the greater, or whose affair is the more important of the two, and not he who was the first to go to law.

9. Half of the (ordinary) punishment is declared for him who either confesses his deed, after having committed an illicit act of violence, or says of his own accord, ' It is true.'

10. When (an assessor of the court) has recognised the royal mind to swerve from the path of duty, he must not pronounce an opinion which is agreeable to the king. (It is only by declaring what is just that) he becomes free from sin.

11. Transgression of (the king's) commands, kill- ing a female, mixture of castes, illicit intercourse with another man's wife, robbery, pregnancy caused by another man than the husband,

6. Vy. K.; Viram. p. 46 (' Bnliaspati ').

7. Ny.K.', Viram. p. 47. 8. Viram. p. 60.

9. Smrz'ti^. ayukta;;2 sahasaw kr/tva pratyapattiw vra^et tu ya^ 1 bruyat svayaw va sad iti tasya Mrthadama/^ smr/ta^ 1)

10. Viram. p. 15. 'He must not pronounce an opinion which is agreeable to the king,' i. e. he must not endeavour to please him by what he declares, but must deliver an equitable opinion. By acting thus, he becomes free from sin. Viram.

12. Abuse, insulting language, assault, and pro- curing abortion, are the ten (principal) crimes.

13. He who arrests (his adversary) by illegal means, such as by stopping his speech (through gagging the mouth), or by preventing him from breathing, and the like practices, is liable to punish- ment; but one who breaks (such arrest) is not (punishable).

14. When a lawsuit has been judged without any previous examination of witnesses (or other evi- dence), or when it has been decided in an improper manner, or when it has been judged by unauthorized persons, the trial has to be renewed.

15. Whatever property, whether movable or im- movable, has been kept (under the care of the judge, after having become the subject of a dispute), must be handed over afterwards to the victorious party together with the interest (accruing on it) and with a document (attesting his victory).

I. The defects of a plaint have been declared as follows. (It is defective, if it) relates to the pro- perty of a stranger; if it is without an object; if it does not state any quantity; if the mode of acquisi- tion is not referred to in it; if too little or too much is written in it; and if it is unmeaning.

13. May. p. 2. See above, pp. 12-19. This text shows very clearly what is meant by the technical term ' arrest ' (asedha).

14. Vy. K. asakshikaw tu yad dr/sh/a/« vimarge«a kz. tiritam \ asa^zmatamatair dnsh/a^ punardarjanam arhati 1 1

15. Smr/ti/^. madhye yat sthapita;;i dravyaw ^'alaw vd yadi vd sthiram I pajX'at tat sodayaw dapyaw ^ayine pattrasa;;/yutam li

2. That plaint is declared by the wise to * relate to the property of a stranger ' in which joint pro- perty is referred to in a claim raised by one man alone who has no right to it, or without authorization from the other joint proprietors.

3. A plaint is said to be 'without an object' when a man, actuated by hatred or anger, taxes another with the murder of a Brahman (or some other deadly sin) and revokes his own charge afterwards on being required to prove it.

4. That plaint ' does not state any quantity ' in which no figure is given with regard to a certain quantity, writing, measure, field, house, or other (object).

5. That plaint 'contains no reference to the mode of acquisition ' which does not say whether (the property in dispute) has been acquired by learning, or gained as profit (or interest), or purchased, or obtained by inheritance.

6. * Too little ' is said to be written in that plaint in which the year, month, fortnight, lunar day, and day of the week is not referred to.

7. ' Too much ' may be said to be written in that plaint in which (the plaintiff) after having caused the plaint to be written goes on to mention the witnesses at once, without waiting for the answer (of the de- fendant) to be delivered.

8. That plaint is declared to be ' unmeaning '

2. That plaint is meant in which a stranger or one not authorized by his partners claims the property of a fellowship. Viram.

3. That plaint is said to be without an object which is dropped afterwards by the claimant himself. Viram.

7. * Witnesses/ or evidence generally. Viram.

8. There is another reading, ubhayaw purvaw, under which the

which is rendered unclear by the mode of writing (exhibited in it), though the claimant's previous statements be (duly) entered in it.

9. Let him avoid, as a mere semblance of a de- claration, (a plaint the tenour of) which is unnatural, not connected with an injury, senseless, purposeless, incapable of being proved, or at variance (with possi- bility, or with justice).

10. That suit which is prohibited by the king, or opposed to the interests of the citizens, or of the whole kingdom, or of the constituent elements of the state,

11. As well as (those suits) which are opposed to the interests of a town or village, or of eminent persons: all such suits are declared to be inadmis- sible.

12. A plaint in which several different subjects are mixed up together can have no effect.

claimant is stated to have proffered both the accusation and the answer. Viram.

9. Vy. K.; M. Macn. I, 4, 10 (uncertain). ' Unnatural,' such as e.g. That person has taken my rabbit's horn and refuses to restore it. ' Not connected with an injury,' as, That man is doing his business in his own house by the light of a lamp which is burning in mine. 'Senseless' (a number of syllables strung together), with- out any intelligible meaning, as, e.g. ka^a/apam or ^a</adagavam. * Purposeless,' as, This man, Dedavatta, is warbling a melodious song before my house. ' Incapable of being proved,' as, Devadatta mocks me by a frown. Such an assertion as this is incapable of being proved, because it does not admit of proof. Owing to the transient nature of the act, witnesses are not available, much less can documentary evidence be resorted to; nor would it be proper to perform an ordeal, on account of the trifling nature of the charge. *At variance' (with possibility), as, A dumb man has cursed me. Or, ' at variance ' with the interests of a town or kingdom. M.

10, II. Ny.K.\ M. Macn. I, 4, 11 and May. p. 10 (uncertain).

12. V. T.; M. Macn. I, 4, 12, &c. (uncertain). Each subject shall

13. That plaint is declared to be inadmissible in which the order (of the words) is inverted, or the arrangement confused, or scattered what belongs together, or which is meaningless, or relative to bygone times, or unapproved.

14. The order (of the words) is said to be inverted in that plaint the meaning of which is rendered un- clear by the omission (of certain words) in their proper place, and which is not accepted (in conse- quence).

15. When the original claim is forsaken and re- placed by a different proposition, the plaint is de- clared to be meaningless, and the previous claim is not carried.

16. When a claim is raised in regard to certain property long after the expiration of the proper time, the plaint is said to relate to bygone times, though evidence be forthcoming.