9

9. If the case of an officiating priest or sacrificer who has left the other party from anger, avarice, or some other reprehensible motive, and without delinquencies on the part of the other party, be brought before the king, he shall punish him. A. Manu VIII, 389; Ya^navalkya II, 237; Vish«u V, 113.

ficer, who is no offender and free from guilt, or where (a sacrificer) forsakes a faultless priest, they shall both be punished.

* lo. There are three sorts of officiating priests: one honoured by previous generations, one appointed by (the sacrificer) himself, and one who performs the functions of a priest of his own accord through friendship.

* II. This law applies to hereditary and self- chosen priests. But it is no sin to abandon a priest officiating of his own accord.

*I2. A trader on reaching a toll-house should pay the legal duty. A prudent man must not try to evade it, (because) it is called the (king's) tax.

'"' 13. If he evades a toll-house, or if he buys or sells at another than the legal hour, or if he does not state the value (of his goods) correctly, he shall be fined eight times the amount which he tried to evade.

11. In the case of those officiating priests who have been em- ployed by the ancestors of the sacrifices, i. e. who are hereditary in his family, and in the case of those who have been chosen by himself the punishment ordained for forsaking a priest should be inflicted. But if the sacrificer abandons one who officiates for him from friendship, and employs in his place one better qualified, or more acceptable to himself, awarding to him the stipulated fee, he is free from blame. A.

12. A duty is the king's due, and traders must not defraud the king of it. A.

13. There are three ways for evading a duty: one, if a merchant avoids a toll-house and thus escapes paying the ordinary toll; another, if he buys or sells at an unseasonable time a commodity on which he has not paid the customary duty; a third, if he does not state correctly the amount or value of his goods or chattels, A merchant, who has committed any one out of these offences, shall pay eight times the amount of the duty embezzled by him as a fine. A. Manu VIII, 400; Y^iiavalkya II, 262.

14. It Is declared that a wise man should always abstain from levying a toll on that property of a learned Brahman which belongs to his household; but not (on that which he uses) for trading purposes.

15. The alms received by Brahmans, the pro- perty of stage players, and what is capable of being carried on one's back; on all that he must raise no duty.

* 16. If a travelling merchant who has come Into his country should die there, the king shall preserve his goods till the heir comes forward.

* 17. On failure of an heir, he must make them over to his relatives or connexions. On failure of them, he shall keep them well guarded for a period of ten years.

'''' 18. When such property without an owner, and which is not claimed by an heir, has been preserved for ten years, the king may keep it for himself. Thus the sacred law will not be violated.

1 4. The term ^Srotriya, ' a learned Brahman,' applies to Brahmans generally in this place. All the chattels of a Brahman, except what belongs to the household furniture, are liable to pay duty. Likewise, if he imports and exports goods in trading, those goods have to pay duty. A, Manu VII, 133; Apastamba II, 10, 26, 10; VasishMa XIX, 23; Vish;m III, 26.

15. The following three descriptions of property shall be exempt from taxation: alms received by Brahmans, no matter how great their value; the property of actors, singers, and the like persons; and what may be carried on the shoulders by any one. A. VasishMa XIX, 37.

■^'''i. Where a man wishes to resume what he has given, because it has been unduly given by him, it is called Resumption of Gift, a title of law.

* 2. What may be given and what not, valid gifts and invalid gifts; thus the law of gift is declared fourfold in judicial affairs.

* 3. Again, what may not be given is eightfold; what may be given is of one kind only; of valid gifts there are seven species; and sixteen sorts of invalid gifts.

* 4. An Anvahita deposit, a Yd/^ita, a pledge, joint property, a deposit, a son, a wife, the whole property of one who has offspring,

* 5. And what has been promised to another man; these have been declared by the spiritual guides to be inalienable by one in the worst plight even.

^'' 6. What is left (of the property) after the ex- pense of maintaining the family has been defrayed,

IV, I. 'Unduly' means in a mode opposed to law. Mitakshara, Viramitrodaya, Mayukha, &c. Manu VIII, 214.

2. ' Valid gifts,' literally ' what is given.' * Invalid gifts,' literally ' what is not given/

4. For the meaning of the technical terms, Anvahita and Ya^ita, see II, 1 4. The prohibition of such gifts as would leave the family destitute appears to relate principally to charitable donations and religious endowments.

6. That only may be given which is left after the cost of living has been defrayed for those whom the head of the family is bound to support. Any gift, on the other hand, which causes hardship to the family, is reprehensible, and not meritorious. A.

may be given. But by giving away anything be- sides, a householder will incur censure.

7. He who has, for three years, property sufficient to provide for those whom he is bound to maintain, or who has even more than that, shall drink the Soma juice.

* 8. The price paid for merchandise, wages, (a present offered) for an amusement, (a gift made) from affection, or from gratitude, or for sexual intercourse with a woman, and a respectful gift, are the seven kinds of valid gifts.

* 9. Invalid gifts are the following (sixteen): what

7. This rule applies to those cases where there is more wealth than what suffices to maintain the family. A. Manu XI, 7; Ya^navalkya I, 124; Vasish/>^a VIII, 10; Vish«u LIX, 8.

8. Those gifts only are valid which have been made in one of the seven modes here mentioned. The sixteen other modes of gift are illegal. A. ' A present offered for an amusement,' i. e. what has been given to bards, eulogists, and the like persons. ' A gift made from affection,' to a daughter or other relative. Virami- trodaya, &c. Instead of stribhakti, * sexual intercourse with a woman,' the MSS. of Vulg. and the quotations read strijulka, ' a nuptial gift presented to the relations of the wife.'

9-1 1. I. ' Fear,' as e. g. if an honest man promises one hundred drachmas to a ruffian who addresses him, while he is passing through a forest, with the words, * If thou givest me one hundred drachmas, thou shalt live. Otherwise, thou shalt die.* 2. ' Anger, or hatred:' if a man, actuated by jealousy, says to a Brahman, to whom his wife has offered a seat, ' All the furniture which you see in this house shall be yours.' 3. * Sorrow:' if a man, in a heavy afflic- tion, declares, ' I will go into the forest. My house has been given to Brahmans to-day.' 4. ' Pain: ' a man distressed by a painful illness, says to a Brahman, ' I have given thee one hundred 6'uvar;?as.' 5. 'A bribe;' a litigant says to an assessor of the court, ' I will give thee one hundred Pawas if my cause is declared victorious by thee.' 6. * In jest,' what has been laughingly given. 7. ' Under false pretences,' as e. g. under the following circum- stances-:— A libidinous man is enamoured of a public woman, by the name of ATiitamaw^ari (* Mango Bud '). He is deprived of her

has been given by a man under the influence of fear, anger, hatred, sorrow or pain; or as a bribe; or in jest; or fraudulently, under false pretences;

* lo. Or by a child; or by a fool; or by a person not his own master; or by one distressed; or by one intoxicated; or by one insane; or in consideration of a reward, thinking * This man will show me some service; '

*ii. And so is invalid what was given from ig- norance to an unworthy man thought to be worthy, or for a purpose (thought to be) virtuous.

* 1 2. Both the donee who covets invalid gifts and accepts them from avarice, and the donor of what ought not to be given who yet gives it away, deserve punishment.

by a Thakur, and is bewailing his separation from her. Some one asks him whether he will make him a present of a ring, in case he should bring A'utamaw^ari before him. He promises to give the ring and offers a surely for it. Thereupon the other exhibits a Mango bud (^(itaman^ari) to him, instead of the woman ICi^Ltsi- ma7?^art. 8. What was given by a child. 9. What was given by a fool. 10. What was given by a person not his own master. II. What was given by one distressed, as e.g. if a man being carried away by a current of water exclaims, 'I will give one hundred Suvarwas to any one who saves my life.' 12. What was given by one inebriated. 13. What was given by one insane or possessed by a demon. 14. What was given through a hope of recompense, in expectation of some service to be performed by the donee. 15. What was given to an unworthy man, from ignorance, as e. g. to a -Sfidra, whom the donor fancied to be a Brahman, because he saw him girt with the sacred thread. 16. What was given for a purpose (thought to be) virtuous, as e. g. if a devout man has made a religious endowment, and the donee employs it for gambling or libidinous purposes. A. Other jurists construe these texts somewhat differently, in order to obtain the sixteen sorts of void gifts distinguished by Narada. Manu VIII, 212.

FIFTH TITLE OF LAW. Breach of a Contract of Service.

* I. If a man has promised to render service and fails to render it, it is termed Breach of a Contract of Service, a title of law.

* 2. The sages have distinguished five sorts of attendants according to law. Among these are four sorts of labourers; the slaves (are the fifth category, of which there are) fifteen species.

* 3. A student, an apprentice, a hired servant, and fourthly, an official; these must be regarded as labourers; slaves are those born in the house and the rest.

* 4. The sages have declared that the state of de- pendence is common to all these; but that their respective position and income depends on their particular caste and occupation.

* 5. Know that there are two sorts of occupations; pure work and impure work. Impure work is that done by slaves. Pure work is that done by labourers.

* 6. Sweeping the gateway, the privy, the road,

3. * A student,' one studying divine science. * A pupil,' an apprentice. Viramitrodaya, &c.

4. Their respective position depends on their caste, and their income depends on their occupation. A.

6. The term ' sweeping ' has to be construed with all four nouns, the gateway and the rest. * The privy,' i. e. a hole or other receptacle of impure substances. * The place for rubbish,' i. e. a place '^vhere the dust and other sweepings from the house are deposited. Viramitrodaya.

and the place for rubbish; shampooing the secret parts of the body; gathering and putting away the leavings of food, ordure, and urine,

* 7. And lastly, rubbing the master's limbs when desired; this should be regarded as impure work. All other work besides this is pure.

* 8. Till he has mastered science, let a student attend diligently on his teacher. The same conduct has to be observed by him towards his teacher's wife and son.

* 9. Let him preserve chastity and beg alms, lying on a low couch and using no ornaments. Let him go to rest after and rise before all (others who are staying at) his teacher's house.

* 10. Let him never come or stay without his teacher's bidding. His (teacher's) call he must obey without hesitation, when he is able to do so.

11. Let him read at the proper time, when his teacher is not averse to it, sitting on a lower seat than his teacher, by his side, or on a bench, and paying attention (to what he says).

12. Science, like the current of a stream, is con- stantly advancing towards the plain. Therefore, let one studying science be humble towards his teacher.

* 13. His teacher shall correct him, if he does not

8. He must obey his teacher's wife and son, as much as the teacher himself. A.

8-1 1. Vish«u XXVIII, and the references in the Notes to that Chapter.

12. 'The current of a stream,' meaning a river, advances into the plain, and so does science. Therefore one engaged in studying it should always be lowly and humble. A.

13-14. Gautama II, 42-44; Apastamba I, 28, 29, 31; Manu VIII, 299, 300.

pay obedience to him, scolding him or chastising him with a rope or with a small shoot of cane.

14. (The teacher) must not strike him a heavy blow, nor (must he beat him) on a noble part or on the chest; and he must encourage him, after having chastised him. Otherwise the king shall punish him.

*i5. After having completed his studies, let him give the customary present to his teacher and turn home. The conduct of a pupil has been declared.

* 16. If (a young man) wishes to be initiated into the art of his own craft, with the sanction of his relations, he must go and live with a master, the.duration of his apprenticeship having been fixed.

^' 1 7. The master shall teach him at his own house and feed him. He must not employ him in work of a different description, and treat him like a son.

*i8. If one forsakes a master, who instructs him

13. Scolding him, i.e. abusing him. A. The Nepalese MS. has a better reading of this clause: ' Or he shall beat him without hurting him, with ' &c.

14. A teacher, though angry, must not strike his pupil severely, nor on a noble part, nor on the chest. After having beaten him, he must again encourage him. If the teacher, actuated by an excess of anger, beats him too severely, the pupil shall announce it to the king, who shall punish the teacher. A.

15. Manu II, 245; Ya^Tiavalkya I, 51; Apastamba I, 11, 30, i; Gautama IX, i; Vishwu XXVIII, 42.

16. The teacher must make an agreement in this form, 'Let this apprentice stay with me so and so long.' Viramitrodaya.

1 7. The teacher shall cause the pupil to do the work peculiar to his own profession, and no other work, and shall feed him and instruct him at his own house. He shall treat him like a son, and not like a labourer. A.

18. If a pupil forsakes his teacher, though the latter has not committed a mortal sin or other heavy crime, the teacher may compel him by forcible means to remain at his house. A.

and whose character is unexceptionable, he may be compelled by forcible means to remain (at the master's house), and he deserves corporal punish- ment and confinement.

'"'19. Though his course of instruction be com- pleted, an apprentice must continue to reside at the house of his master, till the fixed period has expired. The profit of whatever work he may be doing there belongs to his master.

*20. When he has learnt the art of his craft within the (stipulated) period, the apprentice shall reward his master as plentifully as he can, and return home, after having taken leave of him.

21. Or, a certain fee having been agreed upon and the skill of the pupil examined, the apprentice shall take (his fee) and shall not go to live in the house of another man.

*2 2. Hired servants are of three kinds: highest, middlemost, and lowest. The wages due for their labour are fixed in proportion to their skill and to the value of their services.

*23. Soldiers constitute the highest class, agricul- turists the middle class, and porters the lowest class. These are the three classes of hired servants.

19. The whole gain of that work which is done by the apprentice while staying at the house of his master after completing his course of instruction, belongs to the master, and not to the apprentice. A. Ya^»lavalkya II, 184.

20. After the lapse of the stipulated period, i. e. when the time fixed for his apprenticeship has expired. A.

21. The apprentice shall receive whatever fee has been agreed upon, after his skill has been examined by the master. A. The only MS. of the earlier recension of the Narada-smr/ti breaks off at this paragraph. The remainder of the present translation has been done from the more recent recension of the Narada-smr/ti. See Introduction.

^24. One appointed to manage the property (of the family) and to superintend the household, must also be regarded as a labourer. He is also termed Kau/umbika (the general family servant).

^'' 25. Thus have the four classes of servants doing pure work been enumerated. All the others do dirty work and are slaves, of whom there are fifteen kinds.

^'26. One born at (his master's) house; one pur-

24. ' The property,' meaning fields or ready money, &c. * One appointed to manage it,' i. e. one deputed to administrate it. Viramitrodaya, p. 405.

26-28. * One born at (his master's) house,' one born of a female slave in the house (of her master). * One received (by gift),' one obtained by the acceptance of a gift and the like. ' One obtained by inheritance,' a slave of the father or other ancestor. ' One maintained during a general famine,' one whose life has been preserved, during a period of dearth, in order that he might do service (for his preserver). * One pledged by his rightful owner,' one reduced to the condition of a pledge, for a loan received (by his master). * One released from a heavy debt,' one enslaved for debt, whose debt has been paid and who has thereby become the slave (of him who paid the debt). * One made captive in a fight,' one defeated in a combat and enslaved by the victorious party. * One won through a wager,' one gained through the success of a cause, which was preceded by an agreement in this form, * If I am defeated in this quarrel, I will be thy slave.' ' One who has come forward declaring, " I am thine," ' one who has promised of his own accord to become the slave of another man. 'An apostate from asceticism,' one who has forsaken the order of religious ascetics. * One enslaved for a stipulated period,' one obtained through an agreement in this form, * I will be thy slave for such a space of time.' * One who has become a slave in order to get a maintenance,* one who has offered himself as a slave, on condition that food shall always be given to him. ' One enslaved on account of his connexion with a female slave:' by a female slave is meant a female house-slave; one enslaved for connexion with her is one who has married her through love, and has thus been reduced to the status of a slave. * One self-sold ' is one who has sold himself.

chased; one received (by gift); one obtained by Inheritance; one maintained during a general famine; one pledged by his rightful owner;

''''27. One released from a heavy debt; one made captive in a fight; one won through a wager; one who has come forward declaring, ' I am thine; ' an apostate from asceticism; one enslaved for a stipu- lated period;

*28. One who has become a slave in order to get a maintenance; one enslaved on account of his connexion with a female slave; and one self-sold. These are the fifteen classes of slaves as declared In law.

'"29. Among these, the four named first cannot be released from bondage, except by the favour of their owners. Their bondage is hereditary.

^'^ 30. Should any one out of them (however) save his master's life, when his life is in peril, he shall be released from slavery and shall take a son's share (of his master's wealth).

*3i. One maintained during a famine is released from bondage If he gives a pair of oxen. It is not

These are the fifteen species (of slaves). Mitakshara, p. 268. ManuVIII, 415.

30. This rule is applicable to any of the fifteen sorts of slaves. Mitakshara, p. 269. Other commentators cite an encounter with a tiger as an instance of a perilous situation. The slave, in order to obtain release from slavery, must have risked his own life in rescuing his master.

31. The objection that a slave cannot give a pair of oxen, as he has no property of his own according to Narada himself (V, 41), may be met by the argument that the dominion of slaves over affectionate gifts and the like is universally acknowledged, just as the right of a woman to dispose of Stridhana given to her as an affectionate present. See the gloss on this text in Colebrooke's Digest, III, I, 43.

by labour (alone) that the value of the food con- sumed during a famine can be repaid.

'"^^32. One pledged (is released) when his master redeems him by discharging the debt. If, however, he causes (the pledgee) to take him in lieu of pay- ment, he becomes equal to a purchased slave.

* 2>3' It is by paying his debt with interest, that a debtor is released from slavery. One enslaved for a stipulated period recovers freedom on the expiration of that period.

* 34. One who has come forward declaring, * I am thine,' one made a prisoner in war, and one won through a wager, these are released on giving a substitute whose capacity for work is equal to theirs.

*35. An apostate from asceticism shall become the king's slave. He can never be emancipated, nor is there any expiation of his crime.

*36. One who has become a slave in order to get a maintenance, is released at once on giving up the said subsistence. One enslaved on account of his being connected with a female slave is released on parting with her.

*37. That wretch who, being independent, sells himself, is the vilest of slaves. He cannot be re- leased from bondage.

^^'T,S. Those who are sold after having been captured by robbers, and those who are enslaved by forcible means, must be emancipated by the king. Their slavery is not legal.

*39. In the inverse order of the (four) castes,

33. Y%«avalkya II, 182. 35. Ya^wavalkya II, 183.

36. The Mitakshara (p. 270) declares that sexual intercourse with a slave is prohibited. Ya^«avalkya II, 182.

39. As a man of the highest caste may marry a wife of an

slavery is not ordained, except where a man violates the duties peculiar to his caste. Slavery (in that respect) is analogous to the condition of a wife.

*40. If one not his own master offers himself (as a slave), saying, * I am thine,' he (to whom he has offered himself) may not dispose of him. His former master may recover him when he likes.

*4i. Three persons are declared to have no pro- prietary right: a wife, a slave, and a son. What- ever property they acquire shall be made over to him to whom they belong.

*42. He who pleased in his mind wishes to emancipate his own slave, shall take from his (the slave's) shoulders a jar filled with water and smash it.

*43. He shall sprinkle his head with the water, which must contain whole grain and flowers, and

inferior caste or of his own caste, whereas a woman of the highest caste is forbidden to marry a man of inferior caste, the same rule should be observed with regard to a slave. Viramitrodaya, p. 406. An ascetic who violates the duties of his order is liable to become the slave of his inferior in caste even. Mitakshara, p. 271. Ya^«avalkya II, 183; Manu VIII, 410-414.

40. If a man, after having promised to become the slave of one man, enters the service of another man afterwards, that other man must relinquish him. ' One not his own master,' i. e. the slave of another man. Viramitrodaya, p. 411.

41. According to the standard commentators the purport of this rule is merely to indicate the want of independence of wives, sons, and slaves in the disposal of their property. See Professor Biihler's note on Manu VIII, 416. Identical with Manu VIII, 416.

42. 43. The breaking of a water-pot which the slave is carrying on his shoulder is said to be indicative of the discontinuance of the former slave's office to carry water. The solemn smashing of a water-jar (gha/a-spho/a) forms the principal part of another ceremony of a totally different character as well, viz. of the ceremony of expulsion from caste.

having declared him a free man three times, he shall dismiss him with his face turned towards the east ^

* I. A series of rules will be stated (next) for the payment and non-payment of labourers' wages. It is termed ' Non-payment of Wages,' a title of law.

* 2. A master shall regularly pay wages to the servant hired by him, whether it be at the com- mencement, at the middle, or at the end of his work, just as he had agreed to do.

* 3. Where the amount of the wages has not been fixed, (the servant of) a trader, a herdsman, and an agricultural servant shall respectively take a tenth part of the profit (derived from the sale of mer- chandise), of the seed of cows, and of the grain.

* 4. Their implements of work, and whatever else

* The Indian MSS. and some quotations insert the following para- graph here, which is omitted in the Nepalese MS. and in other quotations: —

' *44. From that time let it be said that this slave is cherished by the favour of his master. His food may be eaten, and presents accepted from him, and he shall be respected (by worthy persons).'

VI, 2. When the amount of the wages has been fixed by an agree- ment in this form, ♦ I will give thee thus much,' it shall be divided into three parts, and one part be given on three occasions, viz. at the commencement, middle, and end of the labour. This rule is applicable where the amount of the wages has been fixed. The next paragraph states the rule for those cases where the amount of the wages has not been fixed. Viramitrodaya, p. 414.

3. The strange term * the seed of cows ' denotes cows' milk according to the commentators. Yao'wavalkya II, 194.

4. The phrase ' whatever may have been entrusted to servants for their business ' is explained as referring to grain and the like

may have been entrusted to them for their business, they shall employ with due care and not neglect them wantonly.

'''' 5. If one fails to perform such work as he had promised to do, he shall be compelled to perform it, first paying him his wages. If he does not perform it after having taken wages, he must pay back twice the amount of his wages.

"'■ 6. One who abandons merchandise which he had agreed to convey to its destination, shall give a sixth part of the wages. (An employer) who does not pay the wages which he had agreed to give shall forfeit those wages together with interest.

* 7. A merchant who does not take a conveyance

used for agriculture. It appears from the preceding paragraph that business of every sort is intended. Ya^«avalkya II, 193.

5. Manu VIII, 215; Apastamba II, 11, 28, 2-3; Vish«u V, 153. 154; Ya^«avalkya II, 193.

6. The Ratnakara refers the second half of this paragraph, like the first half, to the special case of wages or hire promised to the carrier for the transport of goods. See Colebrooke's Digest, III, I, 92. Ya^wavalkya II, 198.

7. ' A conveyance,' a cart or the like. * Beasts for draught or burden,' horses or others. When a man hires the conveyance, &c. of another for the purpose of transporting merchandise, and does not transport the merchandise afterwards, because he has promised to pay an excessive hire, he shall pay a fourth part of the promised hire to the owner of the conveyance. When, however, he takes the conveyance and leaves it, after having completed one half of the journey, he shall have to pay the whole of the hire. Viramitrodaya, p. 420. Ya^^avalkya II, 198. Of vv. 6, 7, the Nepalese MS. has an entirely different version, as follows: ' * 6. One who abandons his work before the expiration of the term, forfeits his wages. If it is through the fault of his employer that he strikes work, he shall be rewarded for as much as has been finished by him. 7. He who leaves on the road that which he had undertaken to transport, shall give a sixth part of the (stipulated) wages. An employer who does not pay (wages) after having set the workman to work, (shall be

or beasts for draught or burden, after having hired them, shall be made to pay a fourth part of the hire; and the whole, if he leaves them half-way.

* 8. And so shall a carrier who fails to transport (the goods entrusted to him) forfeit his wages. He shall be compelled to pay twice the amount of his wages. If he raises difficulties at the time of starting.

* 9. When the merchandise has been damaged by the carrier's fault, he shall have to make good every loss, not including such losses as may have been caused by fate or by the king.

^^ 10. For (tending) a hundred cows, (a heifer shall be given to the herdsman) as wages every year; for (tending) two hundred (cows), a milch cow (shall be given to him annually), and he shall be allowed to milk (all the cows) every eighth day.

*ii. Those (cows) which a cowherd takes to

compelled to pay) the wages together with interest.' This is probably the true reading, as paragraphs 6 and 7 are quoted in this form in the Viramitrodaya and in Colebrooke's Digest respectively.

8. According to the Mitakshara (p. 280), the excessive fine ordained in the second half of this paragraph shall be inflicted when a man raises obstacles on specially important occasions, such as a wedding, or the auspicious time for undertaking a journey. Ya^wavalkya II, 197.

9. ' Merchandise,' pearls or other commodities which are to be transported. ' Damaged,' i. e. destroyed. In the terms ' mer- chandise ' and * carrier,' which are successively used in this para- graph, a bull and a husbandman are included by implication. Thus it is declared in the Madanaratna. Viramitrodaya, p. 418. What the Madanaratna means is this, that the responsibility of a husband- man for a bull used by him for the purposes of agriculture is analogous to the responsibility of a carrier for the goods he has undertaken to transport. Vishwu V, 155, 156; Ya^avalkya II, 197.

pasture every day when the night is over, he shall take back again in the evening, after they have eaten (grass) and drunk (water).

* 1 2. If such a cow meets with an accident, he shall struggle to protect her as best he may. If he is unable (to rescue her) he shall go in haste to announce it to his master.

*i3. Should he neither struggle to protect (the cow), nor raise a cry, nor announce it to his master, the herdsman must make good the value of the cow (to the owner), and (must pay) a fine to the king.

* 14. But the herdsman alone shall make good (the loss of an animal) which has strayed, or been destroyed by worms, or slain by dogs, or met its death (by tumbling) into a pit, if he did not duly exert himself (to prevent such accidents).

*i5. So if goats or sheep are surrounded by wolves, and the herdsman does not come (to their assistance), he shall be responsible for any (animal) which a wolf may attack and kill.

12. He shall struggle to protect the cow, and if unable to pro- tect her he shall raise an alarm. Ratnakara. See Colebrooke's Digest, III, 4, II.

13. The second half of this paragraph is read as follows in the Nepalese MS.: ' The herdsman is to blame in that case, and he shall make good the loss.'

14. Nearly identical with Manu VIII, 232. Read nash/aw in the text. The Nepalese MS. here inserts the following paragraph, which is nearly identical with Manu VIII, 234: 'If cattle die, let him give everything to the owner: the tail, skin, the hindpart, the thigh, the bladder, tendons, and yellow concrete bile, and let him point out their particular marks.'

15. Identical with Manu VIII, 235. The Nepalese MS. adds the following paragraph, which is nearly identical with Manu VIII, 236; * If they graze together in the forest, without being kept in order, and a wolf, suddenly jumping on one of them, kills it, the herdsman shall be free from blame in that case.'

* 16. But for (an animal) seized by robbers, though he raised a cry, the herdsman shall not be bound to pay, provided he gives notice to his master at the proper place and time.

*I7. It is according to these principles that all disputes arising with herdsmen have to be settled. In case of the (natural) death (of an animal entrusted to his care the herdsman) is free from blame, if he can produce the tail, the horns, and the rest.

*i8. If a public w^oman declines to receive a man after having received her fee, she shall pay twice the amount (of the fee). The same (fine shall be imposed) on a man who does not pay the (sti- pulated) fee, after having had connexion with a woman (of this description).

* 19. Should a man unnaturally abuse the person (of a public woman) or cause lier to be approached by many, he must pay eight times the amount (of the stipulated fee), and a fine to the same amount.

* 20. If a man "has built a house on the ground of a stranger and lives in it, paying rent for it, he may take with him, when he leaves the house, the thatch, the timber, the bricks, and other (building materials).

* 21. But if he has been residing on the ground

17. The term 'the rest' may be referred, in accordance with the analogous rule of Manu, to the ' ears, hide, bladder, tendons, the yellow concrete bile, and the special proofs or marks.' Manu VIII, 234.

18. Illness, however, is considered as a legitimate reason for breaking an engagement of this sort. Viramitrodaya, p. 422, and other commentaries.

21. The delivery of the materials, out of which the house has been constructed, to the owner of the ground, has to be regarded as a compensation for the ground having been used without authorisation from the owner.

of a stranger, without paying rent and against that man's wish, he shall by no means take with him, on leaving it, the thatch and the timber.

'"* 2 2. Hired commodities shall be restored (by the hirer), when the fixed period has expired. The hirer must make good whatever may have been spoiled or destroyed except in the case of (inevitable) accident.

Sales Effected by Another than the Rightful

*i. When property kept as a deposit, or the property of a stranger lost (by him) and found (by another man), or stolen articles, are sold in secret, it has to be considered as a 'Sale Effected by Another than the Rightful Owner.'

* 2. When a chattel, which had been sold by another person than the owner, has been recovered

2 2. This rule applies in the case of water-jars and the like having been injured or destroyed. Viramitrodaya, p. 421. The Ratnakara refers this paragraph to broken carriages and the like. See Cole- brooke's Digest, III, i, 104. ' Spoiled,' i. e. partially disfigured. 'Destroyed,' i.e. entirely ruined. 'Accident,' when the things have been knocked against one another. Viramitrodaya, ibid.

VII, I. The term 'property kept as a deposit' includes by im- plication a Ya>^ita and the other species of bailments. Viramitro- daya, p. 374, and the other commentaries. See II. Title of Law,

2. The owner of a chattel, which has been sold by a stranger who has no right to it, may reclaim it from any one who happens to be possessed of it. Viramitrodaya, p. 375; Vishwu V, 164- 166; Manu VIII, 201, 202; Ya^^avalkya II, 168. In the Nepalese MS. the last clause runs as follows: ' The buyer who buys in secret is guilty of theft.'

by the owner, he may keep it. No blame attaches to a sale effected in public, but a clandestine sale is viewed in the same light as theft according to law.

* 3. If a man buys from a slave who has not been authorized (to sell) by his master, or from a rogue, or in secret, or at a very low price, or at an improper time, he is as guilty as the seller.

* 4. The purchaser must not make a secret of the way in which he came by a chattel (purchased by him). He becomes free from blame if he can point out the way in which the chattel was acquired by him. In any other case he is equally guilty with the vendor, and shall suffer the punishment of a thief.

* 5. The vendor shall restore his property to the rightful owner, and shall pay to the buyer the price for which it was sold to him; besides that he shall pay a fine to the king. Such is the rule in the case

3. ' One who has not been authorized (to sell) by his master,' one who has received no special permission from him (to sell the chattel). The term ' a slave ' has to be interpreted in a pregnant sense, so as to include young sons and other dependent persons. Viramitrodaya, p. 375. Vishwu V, 166; Ya^wavalkya II, 168.

4. It appears from the detailed provisions of Br/haspati, Katya- yana, and other Smr/ti- writers on the subject of purchase and sale, that every purchase, in order to be legitimate, had to be concluded in open market, on a market day or hour; or that, at least, the purchaser was required to produce the vendor, when the purchase had not been made in open market. Ya^wavalkya II, 168. The Nepalese MS. inserts the following paragraph here: 'Any purchase or sale which has been effected by another than the rightful owner must be known to be invalid; this is a rule in lawsuits.' The quotations in the Viramitrodaya and other works prove this verse to be genuine. Ya^wavalkya II, 1 70.

of a sale effected by another than the rightful owner.

6. If any one finds a treasure, which had been deposited by a stranger, he shall take it to the king. Every treasure, found by members of any caste, belongs to the king, excepting (those treasures which have been found by) members of the Brahman caste.

7. A Brahman even, when he has found a trea- sure, must at once give notice to the king. If the king gives it to him he may enjoy it. If he does not give notice, he is (viewed as) a thief.

8. Of his own property also, which he had lost and found again afterwards, a man must give notice to the king. If he does so, he may keep it as his lawful property. It is not his lawful property other- wise.

*i. When merchandise has been sold for a (cer- tain) price and is not delivered to the purchaser, it is termed Non-delivery of a Sold Chattel, a title of law.

* 2. Property in this world is of two kinds, movable and immovable. All that is termed mer- chandise in the laws regarding purchase and sale.

* 3. The rule regarding the gift and receipt of

6-8. Gautama X, 36-38, 43-45; Vasish/^a III, 13-14; XVI, 19,20; Manu VIII, 30-39; Vishwu V. 56-64; Ya^^avalkya II, 33-35- The position of the two last paragraphs is inverted in the Nepalese MS.

VIII, 3. ' Gift ' means sale. * Receipt ' means purchase. What

merchandise is declared sixfold by the learned: (what is sold) by tale, by weight, by measure, according to work, according to its beauty, and according to its splendour.

* 4. If a man sells property for a certain price, and does not hand it over to the purchaser, he shall have to pay its produce, if it is immovable, and the profits arising on it, if it is movable property.

* 5. If there has been a fall in the market value of the article in question (in the interval, the pur- chaser) shall receive both the article itself, and together with it the difference (in point of value). This law applies to those who are inhabitants of the same place; but to those who travel abroad, the

is counted before selling it is said to be sold 'by tale/ Betel-nuts may be mentioned as an instance. ' What is sold by weight,' such as gold or sandal- wood and the like substances, which are weighed on a pair of scales. ' What is sold by measure,' such as rice or the like. ' By work,' such as animals giving milk or used for draught or burden. * According to its beauty,' something handsome, as e.g. a handsome prostitute. 'According to its splendour,' or lustre, as e.g. rubies. Viramitrodaya, p. 437. A similar exposition is delivered in the Ratnakara, as quoted in Colebrooke's Digest,

4. *The profits arising on it,' such as e.g. the milk of a cow. Viramitrodaya, p. 437. The Vivada^intamam (p. 55) and the Ratnakara, as quoted in Colebrooke's Digest (III, 3, 18), take the term kriyaphalam as a Dvandva compound, denoting * the work, such as the carrying of burdens and the like, and the profits, such as milk and the like.' Vishwu V, 127; Ya^wavalkya II, 254.

5. The previous paragraph contains the rule for those cases where the value of the property has increased after its sale. The present rule refers to those cases where the value of the property has diminished after the sale. Viramitrodaya, p. 437. Those who travel abroad, i. e. who are in the habit of visiting other countries (for trading purposes), may claim the profit which might have accrued to them from travelling abroad. Vivada^intama;?!, pp. 55, 56. Vish«u V, 129; Ya^wavalkya II, 254.

profit arising from (dealing in) foreign countries shall be made over (as well).

* 6. If the article (sold) should have been injured, or destroyed by fire, or carried off, the loss shall be charged to the seller, because he did not deliver it after it had been sold by him.

* 7. When a man shows one thing, which is fault- less (to the intending purchaser), and (afterwards) delivers another thing to him, which has a blemish, he shall be compelled to pay twice its value (to the purchaser), and an equal amount as a fine.

* 8. So when a man sells something to one person, and (afterwards) delivers it to another person, he shall be compelled to pay twice its value (to the purchaser), and a fine to the king.

* 9. When a purchaser does not accept an article purchased by himself, which is delivered to him (by the vendor), the vendor commits no wrong by selling it to a different person.

* 10. Thus has the rule been declared with regard

6. According to (xagannatha, this rule has reference to those cases only where the purchaser has not formally asked for the delivery of the property purchased by himself. He infers from a text of Ya^^avalkyathat after a demand the loss shall fall on the vendor, even though the property was injured in one of the modes men- tioned by that authority, i.e. by force majeure. See Colebrooke's Digest, III, 3, 27. It is quite doubtful, however, whether the com- piler of the Narada-smrzti had this distinction in view. Ya^^avalkya II, 256.

8. 9. Both he who shows unblemished goods, and sells blemished goods afterwards, and he who sells property to one man and after- wards sells the same property to another man, though the first sale has not been rescinded by the purchaser, shall pay twice the value of the property sold as a fine. Viramitrodaya, p. 440. Ya^«a- valkya II, 257.