233. But for (an animal) stolen by thieves, though he raised an alarm, the herdsman shall not pay, provided he gives notice to his master at the proper place and time.

234. If cattle die, let him carry to his master their ears, skin, tails, bladders, tendons, and the yellow concrete bile, and let him point out their particular marks.

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

236. But if they, kept in (proper) order, graze together in the forest, and a wolf, suddenly jumping on one of them, kills it, the herdsman shall bear in that case no responsibility.

237. On all sides of a village a space, one hundred dhanus or three samyâ-throws (in breadth), shall be reserved (for pasture), and thrice (that space) round a town.

238. If the cattle do damage to unfenced crops on that (common), the king shall in that case not punish the herdsmen.

239. (The owner of the field) shall make there a hedge over which a camel cannot look, and stop

234. I read with Medh. and Gov. aǹkâms ka, 'their particular marks,' instead of angâni, 'their (other) limbs' (Râgh., Nand., K., and the editions). To judge from the commentary, Kull. must have had the same reading as Medh. and Gov.

235. Vi. V, 137.

=

237. Yâgn. II, 167. Dhanus, literally a bow's length' 4 hastas or about 6 feet. The samyâ is a short, thick piece of wood, used at sacrifices. A samyâ-throw is mentioned as a measure also by Ấp. I, 9, 6.

every gap through which a dog or a boar can thrust

his head.

240. (If cattle do mischief) in an enclosed field near a highway or near a village, the herdsman shall be fined one hundred (panas); (but cattle), unattended by a herdsman, (the watchman in the field) shall drive away.

241. (For damage) in other fields (each head of) cattle shall (pay a fine of) one (pana) and a quarter, and in all (cases the value of) the crop (destroyed) shall be made good to the owner of the field; that is the settled rule.

242. But Manu has declared that no fine shall be paid for (damage done by) a cow within ten days after her calving, by bulls and by cattle sacred to the gods, whether they are attended by a herdsman

or not.

243. If (the crops are destroyed by) the husbandman's (own) fault, the fine shall amount to ten times as much as (the king's) share; but the fine (shall be) only half that amount if (the fault lay) with the servants and the farmer had no knowledge of it.

240–242. Âp. II, 28, 5; Gaut. XII, 19-26; Vi. V, 140-150; Yâgй. II, 161–163.

241. The cattle,' i. e. 'the herdsman shall pay for the cattle.' 'In all cases,' i. e. ' whether the cattle were attended by a herdsman or not' (Medh., Gov., Kull., Râgh.).

6

242. A cow is, according to Nâr., during the first days after calving utterly unmanageable. Bulls,' i. e. those set at liberty (see Vi. LXXXVI) are meant ' (Nâr., Kull.), which may be met with near many Indian villages and in many towns. Cattle sacred to the gods,' i.e. either 'such as are set apart for sacrifices,' or 'such as are dedicated to temples' (Medh.). The other commentators prefer the second explanation.

243. Âp. II, 28, i. The husbandman's (own) fault,' i.e. ' if he

244. To these rules a righteous king shall keep in (all cases of) transgressions by masters, their cattle, and herdsmen.

245. If a dispute has arisen between two villages concerning a boundary, the king shall settle the limits in the month of Gyaishtha, when the landmarks are most distinctly visible.

246. Let him mark the boundaries (by) trees, (e. g.) Nyagrodhas, Asvatthas, Kimsukas, cotton - trees, Sâlas, Palmyra palms, and trees with milky juice,

247. By clustering shrubs, bamboos of different kinds, Samis, creepers and raised mounds, reeds, thickets of Kubgaka; thus the boundary will not be forgotten.

248. Tanks, wells, cisterns, and fountains should be built where boundaries meet, as well as temples,

• 249. And as he will see that through men's ignorance of the boundaries trespasses constantly occur in the world, let him cause to be made other hidden marks for boundaries,

250. Stones, bones, cow's hair, chaff, ashes, potsherds, dry cowdung, bricks, cinders, pebbles, and sand,

has allowed his crops to be eaten by cattle, or has not sown the field in proper time, &c.' (Medh., Gov., Kull., Nâr., Râgh.).

245. Gyaishtha, i. e. May-June, 'when the grass has been dried up by the heat' (Medh., Kull., Râgh.).

246. Yâgn. II, 151. Nyagrodha, Ficus Indica; Asvattha, Ficus Religiosa; Kimsuka, Butea Frondosa; Sâla, Shorea Robusta. 'Trees with milky juice,' i. e. 'Arka (Calatropis Gigantea), Udumbara (Ficus Glomerata), &c.'

247. Samî, Acacia Suma; mounds,' i. e. the heaps of earth are meant which now are used generally as landmarks in British districts. Instead of Kubgaka Nand. reads Kulyaka.

251. And whatever other things of a similar kind the earth does not corrode even after a long time, those he should cause to be buried where one boundary joins (the other).

252. By these signs, by long continued possession, and by constantly flowing streams of water the king shall ascertain the boundary (of the land) of two disputing parties.

253. If there be a doubt even on inspection of the marks, the settlement of a dispute regarding boundaries shall depend on witnesses.

254. The witnesses, (giving evidence) regarding a boundary, shall be examined concerning the landmarks in the presence of the crowd of the villagers and also of the two litigants.

255. As they, being questioned, unanimously decide, even so he shall record the boundary (in writing), together with their names.

256. Let them, putting earth on their heads, wearing chaplets (of red flowers) and red dresses, being sworn each by (the rewards for) his meritorious deeds, settle (the boundary) in accordance with the truth.

257.

If they determine (the boundary) in the

251. According to Kull., who relies on a passage of Brihaspati, these objects are to be placed in jars.

254. According to the commentators the verse refers to a dispute between two villages, and the two litigants are persons deputed by each village to conduct the case (see also below, verse 261).

255. All the commentators explain nibadhnîyât by 'he shall record in writing,' and as it is specially mentioned that the names of the witnesses shall be given, it seems impossible to take the word in any other sense. Medh. says that, if the witnesses disagree, the opinion of the majority shall be taken.

256-260. Yâgй. II, 150-152.

manner stated, they are guiltless (being) veracious witnesses; but if they determine it unjustly, they shall be compelled to pay a fine of two hundred (panas).

258. On failure of witnesses (from the two villages, men of) the four neighbouring villages, who are pure, shall make (as witnesses) a decision concerning the boundary in the presence of the king..

259. On failure of neighbours (who are) original inhabitants (of the country and can be) witnesses with respect to the boundary, (the king) may hear the evidence even of the following inhabitants of the forest.

260. (Viz.) hunters, fowlers, herdsmen, fishermen, root-diggers, snake-catchers, gleaners, and other foresters.

261. As they, being examined, declare the marks for the meeting of the boundaries (to be), even so the king shall justly cause them to be fixed between the two villages.

262. The decision concerning the boundary-marks of fields, wells, tanks, of gardens and houses depends upon (the evidence of) the neighbours.

263. Should the neighbours give false evidence,

258. Men from the four surrounding villages are meant, as Kull. suggests. The correctness of this opinion is proved by the fact that the land-grants usually mention the four boundaries' (katurâghâtanâni) of the villages given away. Medh. and Nand. read gramasâmântavâsinah, 'four men living in, &c.'

259. Maulânâm, 'original inhabitants,' i. e. 'whose ancestors have lived there since the settlement of the village' (Medh., Gov., Kull., Râgh.).

260. Other foresters,' i. e. 'those who collect flowers, fruit, and fuel' (Medh., Gov., Kull.), or 'Sabaras and the rest' (Nâr.). 262. Vas. XVI, 13-15; Yâgй. II, 154.

263. Yâgй. I, 153.