themselves cause a lawsuit to be begun, or hush up one that has been brought (before them) by (some) other (man).

44. As a hunter traces the lair of a (wounded) deer by the drops of blood, even so the king shall discover on which side the right lies, by inferences (from the facts).

45. When engaged in judicial proceedings he must pay full attention to the truth, to the object (of the dispute), (and) to himself, next to the witnesses, to the place, to the time, and to the aspect.

46. What may have been practised by the virtuous, by such twice-born men as are devoted to the law, that he shall establish as law, if it be not

(Medh.), or 'the plaintiff or the defendant' (Kull.), or any suitor.' 'Others' explain the second half of the verse according to Medh., as follows, and let him not appropriate money brought to him in any other manner than for the suit.'

44. Thus Kull. and Râgh. But Medh. and Gov. take the verse a little differently, 'As the hunter tracks the steps of (a wounded) deer,' &c.

45. The truth,' i.e. 'removing all fraud’(Kull., Râgh.), or 'what portion (of this suit) is based on truth' (Nâr., Nand.). Artham, 'the object of the dispute,' i.e. 'if it be not too insignificant, in which case the plaint must not be accepted' (Medh., Gov., Kull., Râgh.). Nâr. explains artha by 'the money realised by a fine and the like,' Nand. by the aim.' 'Himself,' i.e. that he will obtain heaven by a just decision' (Kull., Râgh.). The place and the time,' i.e. 'what is befitting the place and the time' (Kull.), or 'the place, e.g. Banâras, and the time (e. g. of a famine) where and when the offence has been committed, and which may make the case lighter or heavier' (Medh., Râgh.), or 'the customs of the country and what is befitting the time' (Nâr.), or the place where the offence was committed and the age of the offender' (Gov.). Rûpam, ' the aspect,' i.e. the nature of the object' (Medh., Nand.), or the nature of the case' (Kull.), or 'the looks of the parties' (Medh. ' others,' Gov., Nâr., Râgh.).

46. Thus Kull., Nâr., Râgh., and Nand. But Medh. takes the verse differently, 'What has been practised by the virtuous and by

+

opposed to the (customs of) countries, families, and castes (gâti).

47. When a creditor sues (before the king) for the recovery of money from a debtor, let him make the debtor pay the sum which the creditor proves (to be due).

48. By whatever means a creditor may be able to obtain possession of his property, even by those means may he force the debtor and make him pay.

49. By moral suasion, by suit of law, by artful management, or by the customary proceeding, a creditor may recover property lent; and fifthly, by force.

50. A creditor who himself recovers his property from his debtor, must not be blamed by the king for retaking what is his own.

51. But him who denies a debt which is proved by good evidence, he shall order to pay that debt twice-born men .... ... that he shall establish as law for countries, families, and castes, if it is not opposed (to texts of the Sruti and Smriti.' Gov. reads anurûpam, 'conform with,' instead of aviruddham, not opposed,' and seems to agree with Medh. He says, 'And thus let him punish in lawsuits the litigant who acts in a contrary manner; and as here the phrase "what is practised by the virtuous" is used, this (rule) must refer to good conduct.' But the rule, given in verse 41, must refer to laws other than '(those relating to) good conduct.'

49. Vyavahârena, by suit of law' (Gov., Kull., Nâr.), or 'by threatening a lawsuit' (Nand.), or 'by forced labour' (Medh.), or 'by a forcible sale of property' (Râgh.). Akarita, 'the customary proceeding,' i.e. by killing one's wife, children, and cattle, and sitting at the debtor's door.' Brihaspati, quoted by Kull, and Râgh., or 'by fasting' (Gov.), or by the creditor's starving himself to death' (Nâr.). This custom corresponds to the so-called prâyopavesana, or Dharna, and to the Traga of the bards.

50. Vi. VI, 19; Yâgñ. II, 40.

51. In this case self-help must not be used' (Medh.). Regarding the amount of the fine, see below, verse 139.

to the creditor and a small fine according to his circumstances.

52. On the denial (of a debt) by a debtor who has been required in court to pay it, the complainant must call (a witness) who was present (when the loan was made), or adduce other evidence.

53. (The plaintiff) who calls a witness not present at the transaction, who retracts his statements, or does not perceive that his statements (are) confused or contradictory;

54. Or who having stated what he means to prove afterwards varies (his case), or who being questioned on a fact duly stated by himself does not abide by it ;

55. Or who converses with the witnesses in a place improper for such conversation; or who declines to answer a question, properly put, or leaves (the court);

56. Or who, being ordered to speak, does not answer, or does not prove what he has alleged; or who does not know what is the first (point), and what the second, fails in his suit.

57. Him also who says 'I have witnesses,' and,

52. Instead of desyam, (a witness) who was present (when the loan was made,' K., Râgh., Kull.), Medh., Gov., Nâr., and Nand. read desam, (must point out) the place.'

53-56. Yâgn. II, 16.

53. Medh., Gov., Nâr., and Nand. read apadesam, a wrong or impossible place,' instead of adesyam, a witness not present.' Kull. reads according to the editions, 'adesyam,' but his explanation agrees with the other reading.

54. Prazihitam, ‘duly stated (by himself),' (Kull., Nand.), i.e. ‘in the plaint' (Gov.), means according to Râgh. and Nâr. 'duly ascertained.'

56. 'Who does not know what is the first (point) and what is the second,' i.e. 'what is the proof and what the matter to be proved' (Kull., Râgh.), or what ought to be said first and what later' (Nâr., Nand.).

being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited.

58. If a plaintiff does not speak, he may be punished corporally or fined according to the law; if (a defendant) does not plead within three fortnights, he has lost his cause.

59. In the double of that sum which (a defendant) falsely denies or on which (the plaintiff) falsely declares, shall those two (men) offending against justice be fined by the king.

60. (A defendant) who, being brought (into court) by the creditor, (and) being questioned, denies (the debt), shall be convicted (of his falsehood) by at least three witnesses (who must depose) in the presence of the Brâhmana (appointed by) the king.

61. I will fully declare what kind of men may be made witnesses in suits by creditors, and in what manner those (witnesses) must give true (evidence).

62. Householders, men with male issue, and indigenous (inhabitants of the country, be they) Kshatriyas, Vaisyas, or Sûdras, are competent, when called by a suitor, to give evidence, not any persons whatever (their condition may be) except in cases of urgency.

58. If a plaintiff does not speak,' i. e. after bringing a suit' (Kull.). Corporal punishment is for heavy cases (Kull.).

59. Yâgn. II, 59.

60. Thus Gov., Kull., Râgh., but the last words may

' in the presence of the king and of the Brahmanas.'

also mean

61-72. Âp. II, 29, 7; Gaut. XIII, 1-4; Vas. XVI, 28-30; Baudh. I, 19, 13; Vi. VIII, 7–9; Yâgn. II, 68–72.

62. Medh. and Nâr. refer the expression not any person whatever (their condition may be),' to such as volunteer to give evidence without being summoned. The 'cases of urgency' are those mentioned below, verse 69.

63. Trustworthy men of all the (four) castes (varna) may be made witnesses in lawsuits, (men) who know (their) whole duty, and are free from covetousness; but let him reject those (of an) opposite (character).

64. Those must not be made (witnesses) who have an interest in the suit, nor familiar (friends), companions, and enemies (of the parties), nor (men) formerly convicted (of perjury), nor (persons) suffering under (severe) illness, nor (those) tainted (by mortal sin).

65. The king cannot be made a witness, nor mechanics and actors, nor a Srotriya, nor a student of the Veda, nor (an ascetic) who has given up (all) connexion (with the world),

66. Nor one wholly dependent, nor one of bad fame, nor a Dasyu, nor one who follows forbidden

64. 'Who have an interest in the suit' (Nâr.) means according to Medh., Gov., Kull., and Râgh. 'connected by money, i.e. creditors or debtors of the parties,' or according to Nand. 'men who have received benefits from one of the parties.' Sahâya, 'companions,' i.e. 'sureties and the like' (Medh.), or 'servants' (Kull., Nâr.). Drishtadosha, men formerly convicted (of perjury),' (Medh., Gov., Kull., Nâr., Râgh., Nand.), may according to Medh. also mean 'men who have been convicted (of any serious offence).' Men afflicted with serious illnesses must not be made witnesses, because such men are liable to become angry or to forget and thus to give false evidence (Medh.). Dûshita, 'tainted,' i.e. by mortal crimes or numerous smaller offences (Medh., Kull., Râgh.) means according to Nâr. and Nand. Abhisastas, 'those accused of such crimes.'

65. Kusîlava, ‘actors' (Nâr.), or 'dancers, musicians, and singers' (Medh.), or actors and so forth' (Gov., Kull.), or 'singers' (Nand.). A Srotriya, or Brâhmana learned in the Vedas, cannot be made a witness, because he has to attend to his studies and to the Agnihotra (Medh., Kull., Nâr., Râgh., Gov., Nand.). The same remark applies to the last two classes. Lingastha, 'a student,' includes according to Nâr., Gov., Nand., Medh. also ascetics.'

66. One wholly dependent,' i.e. 'a slave by birth' (Medh., Gov.,