a (debtor) of a higher caste shall pay it gradually (when he earns something).

178. According to these rules let the king equitably decide between men, who dispute with each other the matters, which are proved by witnesses and (other) evidence.

179. A sensible man should make a deposit (only) with a person of (good) family, of good conduct, well acquainted with the law, veracious, having many relatives, wealthy, and honourable (ârya).

180. In whatever manner a person shall deposit anything in the hands of another, in the same manner ought the same thing to be received back (by the owner); as the delivery (was, so must be) the re-delivery.

181. He who restores not his deposit to the depositor at his request, may be tried by the judge in the depositor's absence.

182. On failure of witnesses let the (judge) actually deposit gold with that (defendant) under some pretext or other through spies of suitable age and appearance (and afterwards demand it back).

183. If the (defendant) restores it in the manner and shape in which it was bailed, there is nothing

178. Pratyaya, '(other) evidence,' i.e. by inference and divine proof' (Medh.), or 'by inference, oaths, and so forth' (Gov.), or 'by oaths' (Nâr., Nand.).

180. Yâgn. II, 65. See also below, verse 195. Nand. omits 184, and places the other verses as follows: 180, 195, 188 b, 185, 186, 189, 194, 187, 188 a, 181, 182, 183, 196, 190, 191, 192, 193.

181. The order of the verses referring to the trial of the bailee, is according to Gov. 181, 183, 184, 182, and according to Nâr. 181, 183, 182, 184.

(of that description) in his hands, for which others. accuse him.

184. But if he restores not that gold, as he ought, to those (spies), then he shall be compelled by force to restore both (deposits); that is a settled rule of law.

185. An open or a sealed deposit must never be returned to a near relative (of the depositor during the latter's lifetime); for if (the recipient) dies (without delivering them), they are lost, but if he does not die, they are not lost.

186. But (a depositary) who of his own accord returns them to a near relative of a deceased (depositor), must not be harassed (about them) by the king or by the depositor's relatives.

187. And (in doubtful cases) he should try to obtain that object by friendly means, without (having recourse to) artifice, or having inquired into the (depositary's) conduct, he should settle (the matter) with gentle means.

188. Such is the rule for obtaining back all those open deposits; in the case of a sealed deposit (the depositary) shall incur no (censure), unless he has taken out something.

189. (A deposit) which has been stolen by thieves

185. Pratyanantare, 'to a near relative,' i. e. ' to his son, brother, or wife' (Medh.).

an error.

187. According to Nâr., this verse refers to cases when one believes a deposit to be with another, but has not made it over oneself; according to Gov. and Kull., to cases where there may be Gov. and Kull. think that the person who should act in the manner described is the king, and they explain anvikkhet, ‘one should try to obtain,' by 'he should decide.' Nâr. and Râgh., on the other hand, think that the depositor should act thus. The former explanation is perhaps preferable.

189. Yâgn. II, 66.

or washed away by water or burned by fire, (the bailee) shall not make it good, unless he took part of it (for himself).

190. Him who appropriates a deposit and him (who asks for it) without having made it, (the judge) shall try by all (sorts of) means, and by the oaths prescribed in the Veda.

191. He who does not return a deposit and he who demands what he never bailed shall both be punished like thieves, or be compelled to pay a fine equal (to the value of the object retained or claimed).

192. The king should compel him who does not restore an open deposit, and in like manner him who retains a sealed deposit, to pay a fine equal (to its value).

193. That man who by false pretences may possess himself of another's property, shall be publicly punished by various (modes of) corporal (or capital) chastisement, together with his accomplices.

190. By all (sorts of) means,' i. e. 'by the four expedients, kindness and so forth' (Gov., Kull., Râgh.), or 'by spies and so forth (Nâr.), or by blows, imprisonment, and so forth' (Medh.). By the oaths prescribed in the Veda,' i.e. ' by the ordeals, such as carrying fire' (Gov., Kull., Nâr.). Nâr. quotes a passage of the Veda, in which it is prescribed that the accused shall take hold of a hot axe.

191. Vi. V, 169-171. The former punishment, which consists of mutilation and other corporal punishments (Medh., Nâr., Râgh.), or the highest amercement and the like (Gov.), shall be inflicted on others than Brâhmanas in particularly bad cases and for a repetition of the offence (Medh., Gov., Kull., Nâr., Râgh.).

192. Medh., Gov., and Kull. refer this rule to first offences. Nâr. takes aviseshena, 'in like manner,' to mean 'without making a distinction on account of the caste of the offender.' Medh. explains upanidhi, a sealed deposit,' by an object lent in a friendly manner.'

193. By false pretences,' i.e. by frightening others with the

194. If a deposit of a particular description or quantity is bailed by anybody in the presence of a number (of witnesses), it must be known to be of that particular (description and quantity; the depositary) who makes a false statement (regarding it) is liable to a fine.

195. But if anything is delivered or received privately, it must be privately returned; as the bailment (was, so should be) the re-delivery.

196. Thus let the king decide (causes) concerning a deposit and a friendly loan (for use) without showing (undue) rigour to the depositary.

197. If anybody sells the property of another man, without being the owner and without the assent of the owner, the (judge) shall not admit him who is a thief, though he may not consider himself as a thief, as a witness (in any case).

198. If the (offender) is a kinsman (of the owner), he shall be fined six hundred panas; if he is not a kinsman, nor has any excuse, he shall be guilty of theft.

king's anger, by promising to obtain for them favours from the king, or the love of a maiden, and so forth' (Medh.). By (various) modes of corporal chastisement,' i.e. 'by cutting off his hands, feet, or his head, &c.' (Gov., Kull., Râgh.), or 'by decapitating or impaling the offender, or having him trampled to death by elephants, and so forth' (Medh.).

194. I.e. the witnesses must be examined regarding it, and their evidence is conclusive.

196. This conclusion makes it somewhat doubtful if the term upanidhi, which occurs verses 185 and 191, and has been translated by a sealed deposit' in accordance with the opinion of most commentators, has really that meaning.

198. Any excuse,' e. g. 'that he received it as a present, or bought it from the son or other relative of the owner, and so forth' (Gov., Kull.). Nâr. reads anavasare, and buys at an improper (time or place).'

199. A gift or sale, made by anybody else but the owner, must be considered as null and void, according to the rule in judicial proceedings.

200. Where possession is evident, but no title is perceived, there the title (shall be) a proof (of ownership), not possession; such is the settled rule.

201. He who obtains a chattel in the market before a number (of witnesses), acquires that chattel with a clear legal title by purchase.

202. If the original (seller) be not producible, (the buyer) being exculpated by a public sale, must be dismissed by the king without punishment, but (the former owner) who lost the chattel shall receive it (back from the buyer).

203. One commodity mixed with another must not be sold (as pure), nor a bad one (as good), nor less (than the proper quantity or weight), nor anything that is not at hand or that is concealed.

199. Nand. omits this verse, and inserts instead, ' He who ignorantly makes a sale without ownership shall be punished according to the above rule (i.e. be fined); but he who does it knowingly shall be punished like a thief.' Nâr. has no trace of verse 199, but quotes the beginning of the verse just translated (anena vidhineti). 200. Nand. places this verse after 202.

201-202. Vi. V, 164–166; Yâgñ. II, 168–170.

202. Thus Medḥ., Kull., Nâr., and Râgh. (Kull., however, taking sodhita, exculpated,' in the sense of niskita, ' determined.') But Gov. takes the first part differently. If the price cannot be produced by him (the seller)—because he has gone to another country-then the buyer must not be punished by the king, being held to be guiltless on account of the open sale, in accordance with the rule of the preceding verse; similarly Nand. The difference is caused thereby that Gov. apparently objects to the explanation of mûlam (mûlyam, Nand.) by 'the original (seller).' According to Kull. the buyer receives half the value from the original owner.

203. Yâgñ. II, 245. 'Concealed,' i. e. ' in a cloth' (Medh., Nâr.), or ' in the earth' (Nand.), or ' covered with paint' (Gov., Kull., Râgh.).