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A digest of Hindu law, on contracts and successions, Volum 3
Visualització completa - 1801
according agreement amount answer appears assets authority bears become borrower called Catyayana cause Chandeswaba cited compelled concerns Consequently considered contracted creditor debt contracted debtor delivered delivery demand deposit depositary directed discharged distinction distress doubled effects eightieth equal evidence explained expounded expression father five four gift give given gloss grain half heir Hence hundred instance intended interest king land lender lent loan loss lost meaning mentioned Menu mode month mortgage Nabeda objection obtained opinion owner paid party pay the debt payment period person pledge possession practice principal produce promised proper proved punishment purchase question reason receipt received recover remain respect rest restored Retndcara rule Sage says sense signifies similar sold sorts stipulated surety taken term thing understood Vbihaspati whole wife witnesses writing written Yajnyawalcya
Pàgina 28 - Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of any thing that is lent upon usury : unto a stranger thou mayest lend upon usury ; but unto thy brother thou shalt not lend upon usury...
Pàgina vii - Nothing indeed could be more obviously just, than to determine private contests according to those laws, which the parties themselves had ever considered as the rules of their conduct and engagements in civil life...
Pàgina 99 - A decision must not be made solely by having recourse to the letter of written codes ; since, if no decision were made according to the reason of law, ('or according to immemorial usage ; for the word yucti admits both senses,') there might be a failure of justice.
Pàgina viii - ... body of men ; but my experience justifies me in declaring, that I could not with an easy conscience concur in a decision, merely on the written opinion of native lawyers, in any cause in which they could have the remotest interest in misleading the court : nor, how vigilant soever we might be, would it be very difficult for them to mislead us; for a single obscure text, explained by themselves, might be quoted as express authority, though perhaps in the very book, from which it was selected,...
Pàgina ix - The court of appeals in civil suits. gratify the emperor by quickness of dispatch ; but, with all its imperfections, it is a most valuable mine of judicial knowledge; it gives law, at this hour, to the greatest part of Europe; and, though few English lawyers dare make such an acknowledgment, it is the true source of nearly all our English laws, that are not of a fendal origin.
Pàgina 12 - Besides the particular occupations assigned to each of the mixed classes, they have the alternative of following that profession which regularly belongs to the class from which they derive their origin on the mother's side.
Pàgina viii - Hall, of whose discernment I had the highest opinion ;! and those sentiments I propose to unfold in this letter with as much brevity as the magnitude of the subject will admit.
Pàgina iii - A Digest of Hindu Law on Contracts and Successions, with a Commentary by Jagannatha Tercapanchanana, translated from the original Sanscrit, by HT Colebrooke, Esq., in three volumes, London, 1801.
Pàgina 179 - The sons must pay the debt of their father, when proved, as if it were their own, or with interest ; the son's son must pay the debt of his grandfather, but without interest ; and his son shall not be compelled to discharge it " ; to which the gloss is added " unless he be heir and have assets