Chapter II: Part 2

145. The _stridhana_ of a wife dying without issue, who has been married in one of the four forms of marriage designated _brahma_ &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]

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, 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, 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 _mashas_,[248] if a cow, the half [of that sum]; if a goat or a sheep, the half of the latter.

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 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 _panas_ 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 _grama_,[261] and the [surrounding] fields, of two hundred for a _karvata_,[261] of four hundred for a _nagara_.[261]

168. A man may seize any thing, belonging to himself, which another has sold.[262] The purchaser incurs blame, if [he have bought] secretly: and, if [he bought] from a low man,[263] with secrecy, for a small price, and at an unusual hour, he is [to be accounted] a thief.

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

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

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

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

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

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

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

184. Though an apprentice have attained a knowledge of his art,[280] he shall [nevertheless] remain in his master's house for the stipulated time, receiving from his master maintenance, and giving up to him his earnings.[281]

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

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

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

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

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

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

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

192. What has just been enjoined is obligatory in like manner upon communities of craftsmen, of traders, and of _pashandas._[289] The monarch should preserve their distinctive character, and make them respectively adhere to their original callings.[290]

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

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

194. The monarch shall oblige him who gets work done without having previously fixed the rate of hire, to pay a tenth part, [whether] earnings in trade or [in care] of cattle, or [in cultivation] of corn.

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

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

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

197. If goods [when in transport from place to place] be lost, the carrier shall pay their value; except [the loss be] occasioned by the monarch or by act of 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 [_panas_], he shall pay to the keeper of the house one-fifth: others shall pay [the keeper] a tenth of their winnings.

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

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

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

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

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

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

204. If any give abusive words to one deprived of a limb or an organ of sense, or diseased, whether the words be true or untrue, or [in the guise of] ironical praise,--he shall be fined thirteen _panas_ 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 _panas._

206. Half [of this fine is to be imposed when the offensive words are] to inferiors, double if to the wives of other men or to superiors. The fine shall be regulated according to the higher or lower cast of the parties.[302]

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

208. If injury be threatened to a person's arm, or neck or eyes or thigh, the fine shall be one hundred _panas_; 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 _panas_; [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 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 _panas_; 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 brahman occasion pain to a brahman, 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 _panas._ 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 _panas_: 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 _panas._

218. He who beats with a stick or the like, short of effusion of blood, shall pay a fine of thirty-two _panas_; 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 _panas_ besides the value.

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

230. Forcibly taking away [any thing, though it be] public property, is _sahasa_;[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 _sahasa_, 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 _panas_. 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 _chandala_[325] who touches one of higher cast,

235. he who, when making an oblation to the gods or to ancestors, feeds Sudras, or _pravrajikas_,[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 _panas_.[328]

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

239. If, when father and son quarrel, one volunteer to be a witness,[330] the fine is three _panas_; 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 [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 _panas_, 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 _panas._

246. For making one sort of article to appear 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 _pana_ fifty _panas_, where [it amounts to] a _pana_ one hundred _panas_, where to two _panas_ two hundred _panas_: 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.

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 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 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 _panas_.[352]

The same fine is ordained for omission to send invitations to brahmans 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, 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 brahman [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 _krosh_[355] 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]

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.

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 _panas_ fine; the man, two hundred _panas_: 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.

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 _panas_; but, two hundred, one who brings a false charge against [a woman]. Whoso has carnal knowledge of a brute animal shall forfeit one hundred _panas_; 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 _panas._

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

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 carnal knowledge of a female mendicant, shall be fined twenty-four _panas._

294. [The monarch] shall banish him who goes to a woman of the lowest grade, having branded him with dishonoring emblems: if a Sudra 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 brahman 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 vaisya, the lowest fine; if to Sudra, 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 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 _panas_: 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 Sudra holding himself out as a brahman,--[each of these] shall be fined eight hundred _panas_.

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.

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 Varuna,[379] present thirty times the amount [of the fine] to brahmans.

FOOTNOTES:

[Footnote 43: Various terms are used by our author to denote the head of the State (_e.g._ Raja, Protector of men, Lord of men, &c.) to suit the metre or fancifully. In translation we have thought it better to be uniform.]

[Footnote 44: What is understood by science is explained in the first book sl. 3.]

[Footnote 45: Manu, ch. 8, sl. 9.]

[Footnote 46: The original is, _smriti adi_ (the second word being equivalent to &c.), which the Commentator explains, as translated, law and usage, or custom.]

[Footnote 47: The &c. signifies, description of chattels, with their number, also particulars of place and time. (_M._)]

[Footnote 48: The Commentator has enabled us to supply the ellipsis, but he does not fully explain the author's meaning. It would seem, that in those primitive times, it was considered harsh or inexpedient to harass a defendant, or accused person with two legal proceedings, of any sort, at the same time. The sentence will, however, bear the sense, that no stranger or intervener shall be permitted to come in and interrupt the progress of a pending suit.]

[Footnote 49: The Commentator, observing that this prohibition would seem to be implied in the terms of the sixth sloka, explains (on the authority of Narada) that the latter refers only to the general object of the suit, _e.g._, that if his verbal complaint be of a loan of money, his recorded complaint shall not be of a loan of apparel--but that this clause, in the ninth sloka, ensures further uniformity in the description of the grievance and character of the suit, _e.g._, where one has originally complained of retention of 100 pieces of money lent, he shall not vary his complaint to a forcible taking of 100 pieces.]

[Footnote 50: These are expressed by one word, _kalaha_: but the Commentator notes its comprehensive character, as we have translated it. See the analogous passage in Manu, ch. 8, sl. 6, where an equally ambiguous word _parushya_ is similarly explained in the text itself. The term rendered "slander" by Sir Wm. Jones is simply, reviling or verbal abuse.]

[Footnote 51: _sahasa_, explained by the Commentator, assault by means of poison, or any instrument destructive of life. The word has another and more particular signification, as infra sl. 230.]

[Footnote 52: Manu (ch. 8, sl. 59) inflicts a fine of double the debt upon the mendacious debtor.]

[Footnote 53: _parushya_, explained by the Commentator _kalaha_: see note [50].]

[Footnote 54: We have followed the Commentator in rendering these terms, which are very general and indefinite.]

[Footnote 55: _i. e._ restlessly before the Court.]

[Footnote 56: Manu ch. 8, sl. 25, 26.]

[Footnote 57: ibid, sl. 55, 56.]

[Footnote 58: Literally "put down," _i. e._ taken for granted, all question of it disposed of. See next note.]

[Footnote 59: This sloka is by no means unambiguous: but it is satisfactorily explained by the Commentator, who says: "What course is to be adopted where two parties simultaneously present themselves to the Court and tender proofs? _e.g._ A man acquired a field by gift, and, having for some time possessed it, departed with his family to another country: then, another person obtained a gift of the same field, and, having possessed it awhile, was likewise obliged to go to another country. Both parties return at the same time, claim the same field, and resort to a Court of law. Then arises the question,--whose proofs shall be taken? Yajnavalkya says (ut supra sl. 17); that is to say, where one sets up an older title, saying--I was possessed of this field at such a date--his witnesses are the first to be examined; but should the other party urge--True, the field was acquired and enjoyed by him at the first, but the king bought it of him and granted it to me--or--Another got the field and gave it to me; in that case, as the proofs of him who has the older title are of no consequence, and thus he is disposed of, the witnesses of the other claimant are to be examined. It is incorrect [to read the sloka as asserting] that, where there is a denial [of a claim] the witnesses of the plaintiff shall be examined, and where a former judgment or something as a ground of defence is set up, in [either of] which cases the original claim is met, then the witnesses of the defendant shall be heard; inasmuch as all this is included in the rule,--(here the Commentator quotes the 7th sloka of the text). This view is clearly supported by Narada, _viz._ On a denial, proof is upon the plaintiff; where some ground of defence is stated, upon the defendant; upon an allegation of prior decree, the decree shall be the proof.--After this Narada proceeds:--When there are two claimants, if there be witnesses, the witnesses of the prior claimant shall be [first examined]--So we perceive, this [description of] law-suit is distinguished from all others." These quotations favor the supposition, that the science of special-pleading is not of European origin, and is traceable to a remote antiquity.]

[Footnote 60: Supra sl. 11.]

[Footnote 61: _e.g._ that the defendant has got possession of gold and silver and apparel, &c. (_M._)]

[Footnote 62: Supra, sl. 6. The Commentator excludes from the operation of the harsh rule in this 20th sloka, an heir, who is supposed to deny his ancestor's debt or liability through ignorance; but he attempts to justify the rule itself by experience of human conduct.]

[Footnote 63: This Sastra teaches a system or science of ethics such as moralists now-a-days designate as Machiavellian or jesuitical; in which right or wrong have a relative but little intrinsic meaning.

The Artha Sastra is to be found in the writings of Usanas, of Brihaspati and others.]

[Footnote 64: A special-pleading signification is given to this dogma by the Commentator: _viz._

"In questions of debt, &c., though the prior act have been proved, yet a second act may be more important; _e.g._ if one prove that another by borrowing has incurred debt, and the other prove that the money borrowed has been repaid." (_M._)]

[Footnote 65: The word in the original is, acceptance: but this is evidently used as the concluding act of the transaction referred to, _scil._ gift.]

[Footnote 66: _e.g._ if one, for a consideration, pledge a field to another, and then pledge the same field to some one else, also for a consideration--the first act is the valid one. (_M._)]

[Footnote 67: Sir Wm. Jones and other learned persons would seem to have restricted the term here used (_pashyati_) to personal knowledge by sight; but it comprehends every mode of personal and actual observation or discovery.]

[Footnote 68: who has no legal connection with it. (_M._)]

[Footnote 69: The Commentator quotes Narada, _scil._ "The guilty one who holds possession without title, for even many hundred years, should be punished by the monarch as a thief"--and he endeavours to reconcile with this the law of Yajnavalkya, by confining the latter to the fruits or profits of the land withheld. But this construction cannot be admitted. There is a curious document germane to the subject of this sloka copied in the official notes of Sir Robert Chambers (Chief Justice of the Calcutta Supreme Court) in July 1791. It is a letter from Sir William Jones to the Governor of Bombay upon the Hindu title by adverse possession or prescription. Sir William writes, that the doctrine of the Mitakshara is; "An absolute property may be acquired in land by continued and undisputed possession for twenty years, in the presence of the owner, provided that the possessor came in by a fair title, either by descent or purchase; if he had no fair title, the intermediate profits only are irrecoverable, but the property is not lost." And he concludes; "I only add for your further satisfaction, that, if three descents have happened since the first possession, without a fair title, property is lost, even though the owner was absent; but if three descents have not been cast, an adverse possession for a hundred years gives an absolute property in the land to the possessor, unless the owner was under some legal disability." These may have been the modifications of a later age: they are not to be found in Manu or in Yajnavalkya. Manu ch. 8, sl. 147, &c.]

[Footnote 70: any thing delivered for safe-keeping, its quality and quantity being made known. (_M._)]

[Footnote 71: explained infra, sloka 65.]

[Footnote 72: The word literally or usually means "takes away"; and the Commentator explains--where a pledgee retains and refuses to give back the pledge, relying upon his long possession. The &c. refers to the other exceptions in sloka 25.]

[Footnote 73: The Commentator considers the force and intent of this qualification to be, to make the fine commensurate with the usurper's means, with a view rather of enhancing it to the wealthy than of moderating it to the poor, who are perhaps less likely to offend in this wise.]

[Footnote 74: gift, sale, &c. (_M._)]

[Footnote 75: as proof of ownership, (_M._) Manu, ch. 8, sl. 200.]

[Footnote 76: for three generations. (_M._)]

[Footnote 77: Possession is proof when attended with five incidents; a title, length of time, continuance, absence of counter-claim, knowledge of the adverse party. (_M._)]

[Footnote 78: This qualification is the Commentator's.]

[Footnote 79: Between this and the succeeding sloka another is introduced in the text of the Calcutta edition; _viz._ Possession accompanied by a clear title is proof; possession unaccompanied by a clear title is no proof.--We have omitted this, because the Commentator quotes it as a saying of Narada, and because it is not found (as vouched by professor Stenzler) in either of the M.S.S. in the Berlin Royal Library.]

[Footnote 80: _scil._ as directed in sloka 2.]

[Footnote 81: By a community (_puga_) is meant, the body of inhabitants of any village or place, without reference to cast or occupation. (_M._)]

[Footnote 82: A guild (_sreni_) signifies those of one calling, whether of the same cast or not. (_M._)]

[Footnote 83: Literally "before, before," which implies their successive rank and importance, _i. e._ that an appeal lies from the family to the guild, and so on.]

[Footnote 84: Literally "outside." The Commentator explains it--outside of the town, &c.]

[Footnote 85: _artta_ out of health; evidently meaning here, the victim of disease so as to be unfit for the business of life.]

[Footnote 86: The word (_vyasani_) may also be rendered, suffering calamity; and the Commentator explains the use made of it in the text to be, a person who is unhappy either by reason of the absence of the object of his desire or by reason of the presence of what is disagreeable to him. We have however preferred the alternative meaning which the word admits of.]

[Footnote 87: &c., _i. e._ paralysed by any cause or emotion whatever. See Manu, ch. 8, sl. 163.]

[Footnote 88: by public officers and delivered to the king. (_M._)]

[Footnote 89: The Commentator considers the treasure-trove here alluded to, to be buried wealth, of which there is no claimant.]

[Footnote 90: Manu, ch. 8, sl. 37, 38.]

[Footnote 91: The Commentator explains--of the whole world!]

[Footnote 92: _i. e._ by any other than the monarch or a _learned_ brahman. (_M._)]

[Footnote 93: The Commentator (referring to Vasishtha and Gautama) reads this,--the finder shall take a sixth, the monarch the residue--such being the converse of the plain language used.]

[Footnote 94: Manu ch. 8, sl. 40: in which, to the monarch who fails to make restitution is imputed the guilt of the thief. Sir Wm. Jones' translation of this passage is too indefinite.]

[Footnote 95: _i. e._ The brahman borrower gives two hundredths, the kshattriya three hundredths, &c. (_M._) But Jagannat'ha, in his Digest (Colebrooke, B. 1, c. 1, s. 28) interprets the text inversely, _viz._ the brahman creditor takes two _suvarnas_ in a hundred, the kshattriya three, and so on. Manu, ch. 8, sl. 140-142.]

[Footnote 96: where there is risk of life or property. (_M._)]

[Footnote 97: as well brahmans as others, (_M._) Manu ch. 8, sl. 157.]

[Footnote 98: _scil._ Notwithstanding the above provisions of the law, where nothing is expressly stipulated, whatever interest is contracted for must be given and taken.]

[Footnote 99: oil, ghee, &c. (_M._)]

[Footnote 100: Manu enumerates five modes of enforcing or recovering a debt; persuasion, law-suits, artifice, worrying, force: ch. 8, sl. 49.]

[Footnote 101: as a fine. (_M._)]

[Footnote 102: to defray the cost of adjudication. (_M._)]

[Footnote 103: This includes one of equal cast (_M._) Manu ch. 8, sl. 177; also ch. 9, sl. 229.]

[Footnote 104: in conformity with the usages of his class. (_M._)]

[Footnote 105: This includes every debtor of superior cast to the creditor. (_M._)]

[Footnote 106: This rule of course (as observed by the Commentator) includes the head or manager of the family himself, if alive. Manu, ch. 8, sl. 166.]

[Footnote 107: for drinking. (_M._)]

[Footnote 108: _e.g._ what is promised to a flatterer, a mountebank, a panegyrist, a prize-fighter, &c. (_M._) Manu ch. 8, sl. 159.]

[Footnote 109: The Commentator explains this to mean, an acknowledgment by the husband on his death-bed or when about to go abroad.]

[Footnote 110: Colebrooke's translation of this passage adds "or son," but this is unauthorised either by the text or the Commentary.]

[Footnote 111: The Commentator adduces in illustration, his being afflicted with incurable disease.]

[Footnote 112: and this, notwithstanding they are wholly without patrimony or estate derived from their father. (_M._)]

[Footnote 113: that there is such a debt.]

[Footnote 114: capable of inheriting and managing. (_M._)]

[Footnote 115: _i. e._ marries.]

[Footnote 116: This is the reading sanctioned by the Commentator, _viz._ _putro' nanya'sritadravyah_, signifying, that, on failure of those before designated, a son who would be otherwise incapable, by reason of blindness, &c. is to be deemed capable. Another reading may be, as suggested by the Commentator, _putro nu'aya'sritadraoyah_, "not the son whose paternal estate another holds," which is adopted by Colebrooke, and by his author, Jagannat'ha, (Dig. B. 1, ch. 5, s. 171)]

[Footnote 117: _e.g._ "Give such a one money, he will not deceive you; he is the son of such a one." (_M._)]

[Footnote 118: "If he do not pay, I will." (_M._)]

[Footnote 119: Manu ch. 8, sl. 160-162.]

[Footnote 120: metaphorically in the original "If all stand under the same shade:" The Commentator explains.]

[Footnote 121: lit. "publicly."]

[Footnote 122: as of a field, garden, &c. (_M._) Manu, ch. 8, sl. 143.]

[Footnote 123: fire, water, &c. (_M._)]

[Footnote 124: The Commentator excludes from this exception a culpable act of the monarch, but the text is general.]

[Footnote 125: Even though there be a written memorial of the pledge, and attested; yet, without actual acceptance and possession, it is incomplete. (_M._)]

[Footnote 126: _charitrabandhakam. charitra_ (the mode or the subject of pledge) is defined by the Commentator to be either, moral worth, or, the merit earned by performance of religious rites, such as ablution in the Ganges, &c. We have rendered it as the mode, not subject, of pledge. See Jagannat'ha's Digest (Colebrooke), Bk. 1, ch. 3, sec. 2, text cxxiv.]

[Footnote 127: Receiving on one's plighted word (_satyankara_) signifies, borrowing on a solemn promise to repay. The application is,--where, at the time of handing over the pledge, it was expressly declared by the debtor, that the loan should be repaid, even if increased to two-fold the original sum, and the pledge not abandoned; in such case also, the debtor should be made to repay twice the amount of the debt contracted.(_M._)

The Commentator adds another meaning or application of the latter words of this sloka, in which, reciting the first part, _viz._, pledging upon the guarantee of character, or, a pledge of religious merit, he goes on to say--It is here laid down, that one who receives on his word, _scil._ words ratifying a bargain of sale and purchase, &c., for instance, receiving a gold ring, &c., as earnest, shall be made to repay twice the value of the thing so given, on breach of the contract: if the party depositing the ring, &c., break off the bargain, he forfeits what he gave as earnest; if the other party break off, he is to be compelled to refund double the value of the earnest received by him.]

[Footnote 128: punishable as a thief. (_M._)]

[Footnote 129: to one of the family who is a fit person. (_M._)]

[Footnote 130: The Commentator implies, that where the usufruct has done more than this, still the transaction is closed by return of the pledge.]

[Footnote 131: Manu, ch. 8, sl. 180.]

[Footnote 132:90 ibid, sl. 189.]

[Footnote 133: _yachita_, _e.g._ ornaments, clothes, &c. lent on occasion of festivals. (_M._)]

[Footnote 134: _anvahita._ We have followed the Commentator in translating this indefinite term.]

[Footnote 135: This qualification too is the Commentator's. The term used _nyasa_ is simply, a deposit.]

[Footnote 136: which are those given in the presence of (_i. e._ personally to) the depositee. (_M._)]

[Footnote 137: such as gold &c. given to be worked (_M._)]

[Footnote 138: _tapaswi_, the third in rank of the Hindu religious orders.]

[Footnote 139: The four objects of living being, in the creed of the Hindu, virtue, wealth, pleasure, and final liberation of the soul.]

[Footnote 140: Manu, ch. 8, sl. 62, 63.]

[Footnote 141: The terms used are _jati_ and _varna_ which are somewhat ambiguous; but the sense is evidently as rendered, and is so explained by the Commentator. Manu adds,--Women should be witnesses for women, ch. 8, sl. 68.]

[Footnote 142: _i. e._ if the regular and more appropriate witnesses are not available. (_M._)

After sloka 69 the Calcutta edition has the following:--Those learned in the Vedas, ascetics, the aged, devotees, and the like, are incompetent witnesses, because so declared by law; no other ground [of incompetency] is assigned.

We do not insert this additional sloka for the reasons stated in note [79] supra.]

[Footnote 143: of not less than eighty years.(_M._)]

[Footnote 144: possessed of devils. (_M._) The expression used by the Commentator may be also translated--under planetary influence.]

[Footnote 145: which the Commentator explains _nirgranthi prabhritayah_, by which probably are indicated those of the Hindu community who disbelieve the Vedas, _e.g._ the Jains.]

[Footnote 146: the slayer of brahman, and such heinous criminals. (_M._) Manu ch. 11, sl. 54. See Note [155].]