A Code of Gentoo Laws, by Nathaniel Brassey Halhed

That's French for "the ancient system," as in the ancient system of feudal privileges and the exercise of autocratic power over the peasants. The ancien regime never goes away, like vampires and dinosaur bones they are always hidden in the earth, exercising a mysterious influence. It is not paranoia to believe that the elites scheme against the common man. Inform yourself about their schemes here.

Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat Apr 17, 2021 1:11 am

Names of the Hindoo Months, With the corresponding Dates in the English Months, for the Bengal Year 1181, or the English Year 1774, and Part of 1775.

Bysaac begins the 11th April, 1774.
Jeyt 12th May.
Assar 12th June.
Sawun 14th July.
Bhadun 14th August.
Assen 14th September.
Cautic 15th October.
Aghun 14th November.
Poos 13th December.
Maug 11th January, 1775.
Phaugoon 10th February.
Cheyt 12th March, ending the 30th, with the 10th April.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat Apr 17, 2021 1:13 am

NAMES of AUTHORS Quoted in this Compilation.

Beeba-dur Tunnagurkar
Bheb-deeb Bhet
Chendeesur
Gerheisur
Gobind Raje
Helayoodeh
Hurree Hur
Jeimoot Bahun
Jogue Logue
Kulp-teroo
Lukkee Deher
Meidhab-teetee
Pacheshputtee Misr
Palook
Parreejaut
Perkashkar
Phakooree
Sewarteh Behtacharige
Shertee Shar
Sirree Kishen Terkalungkar
Sirree Kerracharige
Sool Panee
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat Apr 17, 2021 1:22 am

A LIST OF THE BOOKS From whence this POOTEE was compiled, ranked in the Order of their several Dates, as nearly as could be ascertained.

Munnoo, Written by Munnoo. — A general Treatise.

Jaike-bulk, Written by Jaike bulk. — A general Treatise.

Kirte Kulp-teroo, Written by Lukkee Deher. — A general Treatise.

Pareejat, Written by Muddun Pareejat. — A general Treatise.

Bebadrutnakur, Written by Chendeesur. — A general Treatise.

Bebad Chentamunnee, Written by Pacheshputtee Misr. — A general Treatise.

Neet Chentamunnee, Written by Pachestputtee Misr, — Upon the Duties of the Magistrate.

Dherum Rutten, Written by Jeimoot Bahun,— Upon Inheritable Property.

Bubhar Matereeka, Written by Jeimoot Bahun.— Upon justice.

Bubhar-teilook, Written by Bheb-deeb Bhet, — Upon justice.

Deep Kateekau, Written by Sool Panee.—A general Treatise.

Munoo-teeka, Written by Moolook Bhet. — A general Treatise.

Daie-tutt Unt, Written by Acharige Chooramunnee. — Upon Inheritable Property.

Jaike-bulke-teeka, Written by Beishroop.—A general Treatise.

Perashchut Bebeik, Written by Sool Panee. — Upon Retaliation.

Mirtekhera, Written by Mirtekhera Kar. — A general Treatise.

Daie Tutt, Written by Sewarteh Behtacharige. — Upon Inheritable Property.

Bubhar Tutt, Written by Sewarteh Behtacharige. — Upon justice.

Dayadhe-karee-kerm Shungerah, Written by Sirree Kishen Terkalungkar. — Upon Inheritable Property.

Dherum Rutten-teeka, Written by Sirree Kishen Terkalungkar. — Upon Inheritable Property.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat Apr 17, 2021 2:44 am

PREFACE.

Account of the Creation.


THE Principle of Truth, having first formed the Earth, and the Heavens, and the Water, and the Fire, and the Air, produced a Being, called Burmha, the Dewtah, for the Creation of all Beings (Dewtah is that to which all offer their Worship) afterwards he created the Bramin from his Mouth, the Chehteree from his Arms, the Bice from his Thighs, and Sooder from his Feet: And he ordered Burmha to complete the other Creations, and to settle the several Employments respectively of the Bramin, the Chehteree, the Bice, and the Sooder, that he had created; and he committed the Government of all Beings to Burmha, — Burmha, according to Order, produced in the World Mankind, and Beasts innumerable, and Birds, and Vegetables, and all inanimate Things, and Serpents of all Kinds and Varieties, and Piety, and Morality, and justice, and Continence, and Lust, and Anger, and Avarice, and Folly, and Arrogance, and Drunkenness. And whereas the Bramin proceeded from the Mouth of the Principle of Truth, for this Reason His Rank is the most eminent; the Chehteree s prung from his Arms, his Rank therefore is Second; the Origin of the Bice is from the Thighs, and his Rank is the Third in Eminence; and the Sooder, who sprung from the Feet, is therefore the least in Degree of them all. Burmha first settled the Occupation of each of these Four Tribes; as that the Occupation of the Bramin should be to read the Beids, and other Shaster, and to teach the Shaster, and to perform the Jugg and Worship; and to cause the Performance of the Poojeh, i.e. the Worship to Dewtah, and of the Jugg by others; and to perform and to accept the Dan (an Explanation of the Terms Jugg and Dan is to be found in the Chapter of Inheritable Property:) Among these Occupations already described, Three are for their Subsistence and Support; and Three for the Exercise of Piety, as for Instance, to cause the Performance of the Poojeh and Jugg of others; and to Instruct Pupils, from whom some Premium is received; and to accept the Dan: These Three Occupations are to be the Source of Subsistence to the Bramin; and the other Three Occupations are for the Exercise of his Piety. The Occupations of the Chehteree are to learn the Sciences, to perform the Poojeh and Jugg, to perform the Dan, and, arming himself with the Implements of War, to defend and secure the Reyots; and for his Subsistence, the Chehteree shall serve in the Defence of the Reyots; the other Three Occupations are for Exercises of Piety to the Chehteree. To the Bice also, it was enjoined to learn the Sciences, and to perform the Dan and the Jugg; and besides this, to him was permitted Commerce, and the tending of Cattle, and Agriculture; the Acquisition of Science, and the Performance of the Dan and Jugg, are for the Advancement of his eternal Happiness; and Commerce, and the tending of Cattle and Agriculture, are for his Livelihood. The Tribe of Sooder shall be Servants to the Bramin, the Chehteree, and the Bice.

If a Bramin cannot procure a Subsistence by the Exercise of his own appointed Occupations, he shall earn a Livelihood by applying to the Occupations of the Chehteree: If also he fails to acquire a Subsistence from the Occupations of the Chehteree, he shall exercise those of the Bice; but of those Occupations, he shall first apply to the tending of Cattle, and to Commerce; if from these also, he cannot earn his Support, he shall then betake himself to Agriculture. If a Bramin applies himself to Commerce, he shall not sell either Salt, or any Articles of Sweet, or of Bitter, or of Astringent, or of Acid, or Victuals, or Stones, or Iron, or Animals, or Men, or Red Cotton Cloth, or Silk Pieces, or Blankets, or other Species of the same Kind made of Sheeps Wool, or Camphire and other Aromaticks, or Honey, or Water, or Poison, or Flesh, or Milk, or Tyer (Soar Cream) or Ghee, or bitter Oil, or Sesamum, or the Grass Kose (which is a particular Species of Grass) or Birds, or Wine, or Fish, or Wax; but the Sesamum, if it be produced in Land belonging to the Bramin, he may sell on the same Day that it is cleared from the Husk. The Chehteree, if he cannot subsist by his own proper Occupations, shall exercise those of the Bice; and if the Bice fails of a Subsistence from his own Occupations, he shall apply to those of the Sooder; and if the Sooder fails of a Livelihood, he shall apply to Painting, or to Needle-Work, or some other such Employment: In this Manner are their several Occupations divided and distinguished from each other. — For some Period after the Creation of the World, there was neither Magistrate nor Punishment; and no Man committed Crimes, or exercised Injustice and Oppression upon his Fellow Creatures; and the Reyots were nourished with Piety and Morality; but, in process of Time, Lust and Anger, and Avarice, and Folly, and Arrogance, and Drunkenness, became so predominant over the several Members of Men, that with-holding them from Actions of Piety, they became the Guides to all Wickedness; and Men employed themselves in all Occupations of Debauchery and Iniquity, and assumed the Licentiousness of eating Things forbidden them to eat, and of uttering Words forbidden them to utter; no Man regulated his Actions in conformity to the Beids, nor walked in any Path but that of Sin. When such Iniquities first began in the World, Burmha having reflected within himself, and having written in the Shaster the Means for the Improvement of Mankind, and the Business of the Magistrate, and the several Duties of the Bramin, the Chehteree, the Bice, and the Sooder, and the Proportions of Punishment to be inflicted on Offenders by the Magistrate, and all other Affairs and Concerns, issued his Command to a Man named Beirooja, a Chehteree, to assume the Magistracy, and to protect the Reyots, and to punish the Guilty, according to the Ordinations of the Shaster, to the end that Men might not have the Power of committing Injustice and Violence upon each other. Beirooja, not consenting to accept the Magistracy, left his Son Keiroot-man, and himself fled into the Desarts, to pay his Adorations to the Principle of Truth: In the same Manner also Keiroot-man left his own Son, by Name Kerdum, and himself took the Path of Adoration; Kerdum also, leaving his own Son, by Name Anung, hastened to the Way of Truth; Anung, the Son of Kerdum, becoming the Magistrate, for some Time regulated his Actions in conformity to the Shaster: After which Neit-man his Son took upon him the Magistracy and the Government; a Son was born to Neit-man, by Name Bein, in whom every Sign of an inhuman Disposition plainly appeared; as for Instance, during his Childhood, at the Time of Play, he would bind the Children Hand and Foot, and throw them into deep Rivers, and would break Men's Pitchers, and employ himself in all such Kind of foolish and unworthy Occupations; the Reyots of the Kingdom, desponding under his Injustice and Oppression, came before his Father, who was the Magistrate, and solicited Redress; the Father on hearing this Account of the eternal Injustice and perpetual Innovations of his Son, and not being able to restrain him, departed into the Desart: The Kingdom being thus left without a Magistrate, the Bramins constituted Bein to the Magistracy: This unworthy Person, thus becoming the Magistrate, issued a Proclamation throughout his Kingdom, that no Man should perform the Jugg, or the Poojeh, or any such Works of Piety; and that whoever executed Justice should receive severe Punishment: Upon this Intelligence the Bramins went to him, and gave him many Sermons of Advice, and many Lectures of Admonition, telling him, "that the Duty of a Magistrate was to cause Exercises of Piety to be performed throughout his Kingdom; and that he who caused any Obstruction or Opposition to Good Works would go to Gehenmun; and that if the Magistrate did not protect and comfort the Reyots, it would be the Cause of his Kingdom's Destruction. If the Magistrate deserts the Exercise of Piety, How can it be that the Reyots should employ themselves in good Actions? In that Case, Men will take the Possessions and Wives of each other. A Kingdom with an unjust Magistrate, and a Kingdom without a Magistrate, are similar to each other; and a Kingdom where Works of Iniquity are practised, and where the Poojeh and Worship are not performed, such a Kingdom is as if it were without a Magistrate; as for Instance, a Man of the Chehteree Cast commits Adultery with a Woman of the Bramin Cast, and a Bramin with a Woman of the Chehteree; and in the same Manner all the Casts unite with each other promiscuously; and from the Conjunction of Two different Casts proceeds the Tribe of Burrun Sunker; and that there should be a Burrun Sunker is criminal; it is better therefore to desist from these impious Practices." Bein answered, " hese your Admonitions are not profitable for me, neither do I approve of these Speeches; let us see, since the Tribe of Burrun Sunker is produced, what its Religion and Manners must be; the Bramins afflicted and disgusted departed to their own Habitations; and that oppressive Magistrate, sending for a Woman of the Bramin Cast, had carnal Connexion with her, and from thence a Son was born; and in the same Manner, from the Conjunction of Men of one Tribe with Women of a different Tribe, many Sons and many Daughters came into Existence; and from the Connexion of a Man of the Bice with a Woman of the Sooder Cast, the Child that was born, his Tribe is called Kerrum or Koit; and from a Man of the Bramin and a Woman of the Bice Cast sprung the Tribe of Ambusht or Bade, and Kundeh-beneik or Druggists, and the Tribe of Kunkar or Artificers in Kafeh, and Kafeh is a Mixture of Copper and Arzeez; and the Tribe of Sunkahtar or Artificers in Sunkah (or Sea Shells) and the Women wore Sunkhab upon their Hands; these Four Tribes were produced: And from a Man of the Chehteree and a Woman of the Sooder Cast sprung the Tribe of Okeree, and the Tribe of Hejam (Barbers) and the Tribe of Moduck, i.e. Sellers of Candy, were derived; and from a Man of the Sooder and a Woman of the Chehteree Cast sprung the Tribe of Koinbehkar, i.e. Kelal or Potters, and the Tribe of Tunterba, i.e. Weavers, and the Tribe of Ghermkar, i.e. Smiths, and the Tribe of Dost; and from a Man of the Bice and a Woman of the Chehteree Cast are derived the Tribe of Magdeh, i.e. Fortune-Tellers, and the Tribe of Koop; and from a Man of the Bramin and a Woman of the Sooder Cast is sprung the Tribe of Barjebee, i.e. Berree; and from a Man of the Chehteree and a Woman of the Bramin Cast the Tribe of Soot and Malakar, i.e. Sellers of Flowers; and from a Man of the Bice and a Woman of the Sooder Cast sprung the Tribe of Tawleek or Tillee, and Tumboolee (Pansellers.) These Tribes are of the First Rank among the Tribes of the Burrun Sunker.

From a Man of the Kerrun and a Woman of the Bice Cast sprung the Tribe of Tukkehyah, i.e. Carpenters, and the Tribe of Rujuk, or Washers; and from a Man of the Ambusht and a Woman of the Bice Cast the Tribes of Sherrunkar, or Goldimiths, and of Shoberun-bencik, or Soonar Buneeah; and from a Man of the Koop and a Woman of the Bice Cast were derived the Tribes of Teilkar, i.e. Sellers of Oil, and of Abheir; and from a Man of the Koop and a Woman of the Sooder Cast sprung the Tribe of Dheiber or Julya, and the Tribe of Shoondruk or Soondrie; and from a Man of the Malakar and a Woman of the Sooder Cast sprung the Tribe of Natt or Dancers, and the Tribe of Sharuk; and from a Man of the Magdeh and a Woman of the Sooder Cast arose the Tribes of Seeker and Jaleik. These Tribes bear the middle Rank of the Tribes of the Burrun Sunker.

From a Man of the Goldsmith and a Woman of the Ambusht Cast sprung the Tribe of Mulukerrhee; and from a Man of the Shoberun-beneik and a Woman of the Bade Cast sprung the Tribe of Koorooba; and from a Man of the Sooder and a Woman of the Bramin Cast was derived the Tribe of Chendal; and from a Man of the Abheir and a Woman of the Koop Cast sprung the Tribe of Beroor; and from a Man of the Abheir and a Woman of the Bice Cast was propagated the Tribe of Tukkeh, and Chermkar, i.e. Shoemakers; and from a Man of the Rujuk and a Woman of the Bice Cast sprung the Tribe of Keht Jeibenee, i.e. the Tribe of Putnee; and from a Man of the Cast of Oil-Seller and a Woman of the Bice Cast came the Tribe of Dooba-bahee; and from a Man of the Dheiber and a Woman of the Sooder Cast arose the Tribe of Mull. These Tribes are of the last Rank among the Tribes of the Burrun Sunker.  

Keroor is the Name of a Bird. Keroor, having brought a Man from Shakud Deep, call him down upon Jumboo Deep, i.e. this World; that Tribe is called Deeiool; and there are Seven Deeps, viz.

Jumboo Deep,
Pulkhoo Deep,
Shoolmeloo Deep,
Kooshud Deep,
Keroonchud Deep,
Shakud Deep,
Pooshkerud Deep.


The Explanation of Deep is this: Deep signifies Land; and on every Side of each Deep is the Sumooder, or Main Ocean; and the Length and Breadth of this Deep, which is called Jumboo, is One Hundred Thousand of Joojun, or Four Hundred Thousand Cose; and the Length and Breadth of the Second Deep, is twice as much as that of this Deep; and that of the Third Deep, Four Times as much; and that of the Fourth, Eight Times as much; and that of the Fifth, Sixteen Times as much; and that of the Sixth, Thirty-two Times as much; and that of the Seventh, Sixty-four Times as much. And from a Man of the Deiool, and a Woman of the Bice Cast was derived the Tribe of Gung, or Astronomers, and the Tribe of Baduk, i.e. the Tribe of Baitee, and the Tribe of Poolund, and the Tribe of Powukkush, and the Tribe of Kehsh, and the Tribe of Jebun, and the Tribe of Shookeh, and such Kind of Tribes, called Muluch; Muluch are such Tribes as eat forbidden Food, and to whom permitted and forbidden Meats are equal: These sprung from the Members of the tyrannick Bein.

The Bramins, upon Intelligence of all this, execrating the oppressive Magistrate with internal Hatred, put him to Death: When the Kingdom was thus without a Magistrate, the Bramins rubbed his two Hands, and from his Right Hand produced a Son, by Name Pert-hoo, armed and dressed in the Arms and Habiliments of War, and well skilled in the Science of War, and a Pundit in the Shaster, and in Form and Shape like to the Dewtaj' and from his Left-Hand they raised a Daughter, and this Daughter they married to Pert-hoo, and raised him to the Magistracy; and Pert-hoo was very just, and protected his Subjects, and caressed the peaceable, and punished the oppressive, and behaved with Respect end Regard towards the Bramins, and employed himself laudably in all such Kind of good Actions, in conformity to the Shaster: Then all the People, both great and mean, were employed in Works of Piety, and the Kingdom enjoyed Comfort and Tranquillity. The Bramins, having expressed their Praises and Approbation, took their leave. Pert-hoo, fulfilling the Offices of Fidelity and good Intention, governed the Kingdom with Justice and Equity; but his Mind remained embarrassed and uneasy; wherefore he summoned the Bramins, and inquired of them, saying, "I exercise the Magistracy, and protect the Reyots, according to the Shafter; tell me therefore, What is the Cause that my Mind is Disturbed, and why are the Reyots of the Kingdom in Poverty?" The Bramins answered, "Your Father carried Injustice and Works of Iniquity to the last Extremity; insomuch that the Tribes of Burrun Sunker originate from him: And whereas he would listen to none of the Cautions that were given him; from the Enormity of his Crimes, the Kingdom is become ripe for Disobedience; on this Account, the Fruits of the Earth are produced in less plenty, and the Reyots also are stricken with Poverty; and this likewise is the Cause of the Vexations of your noble Disposition." Pert hoo, on hearing this Account, said to the Bramins, "Now, therefore, How shall I act, and what Remedy can I apply to this? Shall I put the Tribes of Burrun Sunker to Death? Tell me what is most advisable." The Bramins, upon Consultation, and mutual Consent among themselves, replied, "The Tribes of Burrun Sunker, such as they now are, let them remain: And be it cautiously observed, and provided for, that, exclusive of these, no other new Tribes of Burrun Sunker may be produced. It is not right to put these to Death; but you must appoint them their several Occupations, and direct them to the Exercise of Piety; neither shall they be disobedient to your Commands: Whosoever controverts your Orders shall be accounted criminal, and worthy of Death: Act therefore as your Understanding directs." This just Magistrate therefore summoned all the Tribes of Burrun Sunker before him, and said to them, "Wherefore are your Forms so vile; your Bodies so emaciated and disgusting; your Cloaths so inconvenient, so coarse and so ragged?" They answered, "What Manner of Speech is this? Our Forms are the farthest from vile; and our Dress is elegant; and our Bodies are plump and healthy: Are you not Possessed of Sight? Our Origin is from the Practices of your Father; Burmha, is not of superior Rank to us." The Bramins, who were in the Magistrate's Presence, smiled at these Expressions; but the just Magistrate was incensed at the Speeches of these disorderly Wretches; and the Servants, according to his Order, bound and beat them. The Tribes of Burrun Sunker, now reduced to Extremity, fought for Pity, and implored Pardon for their Offences, saying, "We will be obedient to your Commands; act therefore as to you shall seem most proper, to change our vile and wretched Appearance to Neatness and Elegance: Appoint us also our Occupations; and settle our Burrun, or Peculiarity, and Property of Tribes." Pert-hoo, upon this, addressed himself to the Bramins, saying, "You are Pundits, and learned and wise; constitute therefore to each of these, according to their several Abilities, an Occupation and a Tribe." In Obedience to the Order of this just Magistrate, the Bramins said to them, "You are of the Casts of Sooder; let each Person among you declare what Employment he is willing to exercise." On hearing this, the Tribe of Kerrun first stepped forth, and addressed them, saying, "We are altogether ignorant and foolish; what Petition can we make in this Case? But you, who are Pundits, make proper Investigation, and settle accordingly." The Bramins then made known to the just Magistrate, that "This Person will become of sound Understanding, and of laudable Principles; he has spoken with great Propriety. This Tribe shall perform the Service of the Magistrate, and shall have due Faith in the Bramins, and in the Dewtah; and of the Sooder Casts this Tribe shall be the First in Rank." The Bramins then said to Kerrun, "Do you exercise the Profession of Writing and Reading; and find Employment in the Service of the Magistrate." Next stood up the Tribe of Ambusht, to whom was given the Shaster of Physick. Afterwards came Kundeh beneik, to him was allotted the Occupation of Druggist. Then appeared the Tribe of Kunkur, to him it was allotted to make Vessels of Brass, and Kafeh, and Copper, and all such Kind of Things. Next appeared the Tribe of Sunkehkar, to whom it was given to work in Sunkha or Sea Shells. Afterwards came the Tribe of Ookenee, to him was allotted the Occupation of War. Then the Tribe of Hejam, to whom Hejamut or the Profession of Barber was consigned. Next came the Tribe of Moduk, into his Hands was put the Preparation of Confectionary. After those the Tribe of Koombehkar, to whom was appointed the Business of making earthen Vessels. Then came the Tribe of Tunterba, to weave Cloth became his Occupation. Next appeared Ghermkar, the Formation of all Instruments of Iron became his Employment. After that came the Tribe of Magdeh, to whom the Bramins said, "Do you make War your Occupation." They answered, "We are not able to follow the Employment of War; except this, order us whatever Occupation you choose." The Bramins returned Answer, "You shall then display the Characters and good Qualities of the People, and shall write the same, and carry it about from Kingdom to Kingdom, and give Intelligence; Description shall be your Employment." Then came the Tribe of Koop, his Employment was appointed to take care of Accompt Books. Afterwards came the Tribe of Berree, to whom it was allotted to raise the Paan or Beetle Plant. Afterwards appeared the Tribe of Russoot, the Care of Horses became his Employ. Next stood forth the Tribe of Malakar, to sell Flowers became his Occupation. Then came the Tribe of Tawleek, to sell the Beetle-Nut became his Employ. Afterwards appeared the Tribe of Tumboolee, his Occupation it became to sell the Beetle Plant. Then came the Tribe of Tukkehyah, to him it was allotted to cut Wood and to split Timber, and to prepare all Manner of Articles in Wood. Next came the Tribe of Rujuk, to him was appointed the Employment of Sewing Cloaths. Then came the Tribe of Sherrunkar, to himwas given to make Jewellery. Next appeared the Tribe of Shooberun-beneik, to him was allotted the Occupation of Perrikhaye, or Trial of Gold and Silver. Then came the Tribe of Teilkar, to whom it was given to make and to sell Oil. Afterwards appeared the Tribe of Dheiber, whose Occupation it became to catch Fish. Then the Tribe of Natt, whose Occupation it became to dance. Afterwards the Tribe of Chendal appeared, the Occupation of feeding Dogs and Asses was given to it; and its Habitation shall be without the Town, and it shall take the Cloaths of dead Persons, and shall Cast out the Bodies of such as die without Heirs; and whomsoever the Magistrate orders to be put to Death, this Tribe shall put the condemned Person to Death accordingly. Next came the Tribe of Chermkar, working in Leather was appointed for its Occupation. Next came the Tribe of Nujoomee, the Jooteese or Shaster of Astronomy was given to it for an Employ. Then stood up the Tribe of Baduk, Drum-beating, and Playing on other Musical Instruments, was given to it for an Occupation. Next came the Tribe of Powukkush, to him was given the Employment of slaying wild Beasts.

All this preceding Explanation is to make manifest the Reason of the first Institution of the Shaster, and the Cause of the Superiority of one Tribe over another.

The several Indian Words, which are adopted in this Account of the Creation, except the Appellations of the Tribes of the Burrun Sunker, are all explained in the different Chapters and Sections where they occur.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat Apr 17, 2021 3:59 am

Account of the Qualities requisite for a Magistrate, and of his Employment.

PROVIDENCE created the Magistrate for the Guardianship of all. The Magistrate must not be considered as a mere Man; even in the Case of the Magistrate being a Child, he must still be looked upon in the Light of the Dewtah; in Truth, the Magistrate is the Dewtah in a human Form, born in this World: The Magistrate must never be held low and contemptible; if any Person conceives the Magistrate to be mean and abject, such Person the Magistrate destroys, together with all his Effects and Property; and to whomsoever the Magistrate behaves with Respect and Kindness, such Person's Effects and Property become extensive; and against whomsoever he is enraged, that Person dies; and whoever vilifies and abuses the Magistrate sports with his own Life. Providence created Punishment for the Preservation of the Magistracy; if the Magistrate inflicts Punishment according to the Shaster, his Subjects are obedient to his Commands; if he omits to punish according to the Shaster, his Kingdom and his Property become ruined and desolate.

For Four Months the Magistrate shall not collect Tribute from the Subjects, but shall give them free Agency; and endeavour, by promoting their Satisfaction and Content, to cause them to cultivate and improve their Lands: During the remaining Eight Months, he shall collect the settled yearly Tribute; and shall appoint Hircarrahs and Spies through his Kingdom, to inspect what Employment each Person pursues, and if Tranquillity is preserved; and when Men are guilty of Crimes, he shall cause them to be seized; and, becoming as inexorable as the Kingdom of Death, shall inflict Punishment on them: Such good Works let the Magistrate practise; and let him address the People in kind and affectionate Terms, that they may all be contented and thankful under him; and let him be so formidable, that his Enemy may not be able to come into his Presence; let him also be patient and forbearing, and support the Burthens of all his People.

The Magistrate shall cause to be made for himself a round Chat-her, or Umbrella of the feathers of the Bird Lut, or of Peacock's feathers.

Whoever is of laudable Principles and acute Judgment, and of good Actions, and of right Opinions, and a Man of Rank, and of Courage, and a Commender of what is laudable, and with whom the Reyots are contented, and who is Descended from a Father and Ancestors, who were Counsellors to the Magistrate, of such Persons the Magistrate shall constitute Seven or Eight Counsellors to himself.

Whoever has Memory to retain what he hears, and who speaks so intelligibly that no Doubt of his Meaning arises in his Audience, and who is a Man of good Actions, and not of profligate Habits, and who keeps in Subjection his Lust, his Anger, his Avarice, his Folly, his Drunkenness, and his Pride, and is a Man well Instructed in Science, such Person the Magistrate shall constitute his Leekhuk or Moonshi, and Writer.

Whoever is of laudable Principles, and very capable in all the Shaster, and in Business, and who can understand the Meaning of a Nod or a Sign, and who can discern from the Motion of the Magistrate's Lips, or the Aspect of his Countenance, the Magistrate's Pleasure or Displeasure, and who is respectable before all others, and who can well finish whatever Business he goes upon, and who can retain any Speech that he hears, and who is not governed by Lust, or Anger, or Avarice, or Folly, or Drunkenness, or Pride, and who is acquainted with the different Circumstances of all Kingdoms, and can distinguish proper from improper Seasons, and who is a Man of Strength, of Courage, and a fluent Speaker, such Person the Magistrate shall appoint his Doot, i.e. his Agent and Hircarrah.

The Magistrate shall erect a strong Fort in the Place where he chooses to reside; and shall build a Wall on all the Four Sides of the Fort, with Towers and Battlements; and shall make a full Ditch on all the Four Sides thereof, and shall have Water near it, that, at the Time of Necessity, when the Water fails in all the Nullahs, the Ditch may be completely full; and he shall plant Trees within the Fort, and he shall have within the Fort many Troops of Horse and Foot to guard the same, and great Store of Arms, and much Money, and many Things of all Kinds; and Store of Victuals and Drink, and Horses, and Elephants, and Camels, and Cattle, and all Beasts of Burthen in great Plenty; and he shall keep there great Stores of Hay; and many Bramins, and Painters, and Smiths, and all other Kind of Artificers; and all Sorts of Musical Instruments also shall be kept within the Fort; and he shall cause great Pools to be made: It is to be understood, that there should be Store of all Kinds of Things laid up within the Fort, that there may never be the Complaint of a Want of anything.

The Magistrate shall keep in Subjection to himself his Lust, Anger, Avarice, Folly, Drunkenness, and Pride: He who cannot keep these Passions under his own Subjection, How shall he be able to nourish and protect the People? Neither shall he be seduced by the Pleasures of the Chase, nor be perpetually addicted to Play; nor must he be always employed in dancing, singing, and playing on Musical Instruments; nor must he sleep in the Day-time; nor shall he falsely accuse any Person; nor shall he always remain concealed in his private Apartments; nor practise the drinking of Wine; nor shall he go to any Place without a Cause; and shall not dispraise any Person without knowing his Faults; nor shall he cause any Molestation to Men of Worth; nor shall he put any Person to Death by artful and deceitful Practices; nor shall he take away the Property of any Person; nor shall he envy another Person's superior Merit; nor shall he say, that such Persons as are Men of Capacity are Men of no Capacity; nor shall he abuse any Person; and shall not hold any Person guilty, without the Commission of a Crime.

To the good Man, the Magistrate shall give Effects and Money, and shall content and please Children, and old Men, and Men in Want, and Men who are worthy to perform Worship, by speaking kindly to them, and by giving them Money; and to such Persons as seek Defence from him, he shall shew Favour and Comfort, and shall preserve them under the Shadow of his Protection, and shall not take Bribes from them; and shall nourish the Reyots of his Kingdom, according to the Ordinations of the Shaster; and shall inflict a proper Punishment upon his Enemies; and shall not cherish any Resentment in his Heart against his Friends, but be of pure and clean Intentions; and in all Cases, he shall spare and excuse the Bramins; and if any Person, either his Superior or his Equal, or his Inferior in Strength, comes to make war against him, in the Presence of such Person, the Magistrate shall not fail of Courage.

The Magistrate shall not make war with any deceitful Machine, or with poisoned Weapons, or with Cannon and Guns, or any other Kind of Fire Arms; nor shall he slay in War a Person born an Eunuch, nor any Person who, putting his Hands together, supplicates for Quarter, nor any Person who has no Means of Escape, nor any Man who is sitting down, nor any Person who says, "I am become of your Party," nor any Man who is asleep, nor any Man who is naked, nor any Person who is not employed in War, nor any Person who is come to see the Battle, nor any Person who is fighting with another, nor any Person whose Weapons are broken, nor any Person who is wounded, nor any Person who is fearful of the Fight, nor any Person who runs away from the Battle.

If a Man hath taken in a Battle any Carriage, or Elephants, or Horses, or Camels, or Kine, or Buffaloes, or Goats, or Sheep, or any such Kind of Beasts, or Paddee, or Wheat, or Barley, or Gram, or Mustard Seed, or such Kinds of Seed and Grain, or Umbrellas, or Cloaths, or Salt, or Sugar, he shall become Possessor of them all; and if he hath taken, as a Prize, Gold or Silver, or Jewels, or Lands, all such Things shall belong to the Magistrate.

The Magistrate, at the Time of Battle, shall receive, from his Hircarrahs and Spies, Intelligence of the Adversary, and of his own Party, and of what is their immediate Employment; if his Counsellors and other Men are disheartened, then, by giving them Effects and Money, or by speaking kindly and comfortably to them, he shall endeavour to raise their Spirits.

The Magistrate shall first attempt with his Enemy Accommodations of Peace, and shall not at once prepare for War; if the Enemy does not make a Composition, then, by disbursing some Money, he shall shew the Way to a Reconciliation; if the Enemy is discontented with this also, he shall send to the adverse Party a Man of Intelligence, and well skilled in Artifice, to insinuate himself among the Enemy's Men, and make them dissatisfied with each other, that they may quarrel and fight among themselves, and so be ruined; if the Affair fails also of being compromised by these Means, he must then prepare for Battle.

Whenever the Army and the Implements of War are abundant, and the Counsellors contented and unanimous, then let them go to the Battle.

Whenever the Counsellors and Troops are contented, and in Spirits, and the Enemy has made but little Preparation, and the Troops and Counsellors of the Enemy are dissatisfied, then let them go to the Battle.

When the Enemy's Preparations are formidable, and your own Preparations are scanty, then you must divide your Army into Two Parts; and, by attaching the Enemy in Two Places, you shall obtain the Victory.

When the Enemy is victorious, and yourself defeated, Protection must be sought from such Person as is of a right Judgment, and of a peaceable Disposition.

The Leader of the Army shall keep a cautious Watch on all Sides; and on whatever Side the Enemy approaches, he shall on that Quarter go to Battle.

The Magistrate, whatever Province he shall conquer, and annex to his own Authority, shall pay Worship to the Dewtah of that Country, and shall give much Effects and Money to the Bramins of that Province, and shall shew Respect and Courtesy to Men of good Actions, and Kindness and Clemency to the Subjects there, and shall appoint whomsoever there shall happen to be descended from the same Grandfather with the Person whom he has conquered, to the Magistracy of that Province.

The Magistrate, while there yet remains Four Ghurrees of the Night, shall rise from Sleep, perform his Ablutions, and, in a proper Manner, pay the Poojeh to his Deity; after which, he shall put on a choice Dress, and valuable Jewels; and, having first performed due Obeisance, and respectful Salutations to the Dewtah, and to the Bramins, shall seat himself upon the Musnud (or Throne) of the Magistracy, and dispatch the several Affairs of Government; and, in every Transaction, shall act in conformity to the Shaster.

The Magistrate mill appoint some one Person his Gomastah or Agent in each Town; and he shall constitute a Person to Two Towns; and also an Ihtimandar or Superintending Agent to Three Towns; so also one Person to Five Towns; and one Person to Ten Towns; and one Person to Twenty Towns; and one Person to One Hundred Towns; and one Person Ihtimandar to One Thousand Towns. If any Affair should happen in any Town, the Gomastah of that Town shall give Intelligence thereof to the Ihtimandar of Two Towns; and the Ihtimandar of Two Towns to the Ihtimandar of Three Towns; and the Gomastah of Three Towns to the Ihtimabdar of Five Towns; and the Ihtimandar of Five Towns to the Ihtimandar of Ten Towns; and the Ihtimandar of Ten Towns to the Ihtimandar of Twenty Towns; and the Ihtimandar of Twenty Towns to the Lord of One Hundred Towns; and the Lord of One Hundred Towns to the Lord of One Thousand Towns; and the Lord of One Thousand Towns to the Supreme Magistrate.

The Magistrate, in the Month of Cheyt (Part of March and April) shall not let any Person dress his Victuals in the Day-time; and shall, in different Places, cause Wells and Pools to be digged; and shall plaister the Houses of the Kingdom with Clay; and shall call out the Heaps of Wood and Grass from the cultivated Country to the Waste; and shall cause the Wells and Pools that are filled with Mud, and Briers, and Rubbish, to be cleansed; and shall not permit any Person to light a Fire in the Day-time, except only that the Bramins shall perform the Jugg, and the Ironmongers and Goldsmiths, and such Kinds of Artificers, may light a Fire in their own Work-Shops, for the Performance of their Business; but they must keep their Fire under the nicest Caution: And, exclusive of those, if any other Person, during the Month of Cheyt, kindles a Fire in the Day-time, the Magistrate shall hold him guilty; and he shall be circumspect, that not a single Sign of Sharpers, and Men of bad Principles, and such as cannot distinguish, between their own Good and Evil, and such as are born Eunuchs, and such as are accustomed to be intoxicated with Liquor, appear in his Kingdom: If such as these appear, he shall expel them out of his City, lest by Chance they set Fire to any Person's House.

The Magistrate, having erected in his Kingdom some Buildings of Strength and Elegance, shall place therein, with all Dignity and Respect, Ten Bramins learned in the Beids of the Shaster, and in the Shertee of the Shaster (who are also Men skilled in Works of Piety, and who employ themselves in worthy Actions, and who are Men of Compassion and Clemency, and of an exalted Family, and acquainted with all Business, and who know the Excellencies and the Blemishes of each particular Cast) to inspect and control the Affairs of the Kingdom, both religious and otherwise. If he cannot place therein Ten Bramins, he shall place there Seven Persons, or Five, or Three, or Two; and whenever any Doubt arises in the Magistrate upon any Circumstance, he shall apply for a Solution thereof to those Bramins, who, coinciding in Sentiments, shall give him an Answer, conformably to the Shaster; according to which, the Magistrate shall take his Measures. If any Concern of the Reyots should arise, they shall request an Ordination from the Bramins; and whatever the Bramins order from the Inspection of the Shaster, to that the Reyots shall pay Obedience.

The Pundit Bramins, who are in the Magistrate's Kingdom, shall perform the Nut-kerm, the Neemtuk-kerm, the Santee-kerm, and the Pooshtee-kerm, and such other Works which are necessary and proper, according to the Shaster, for the Advantage of the Magistrate, and of the Subject.

Nut-kerm is the daily Performance of the Worship to Dewtah, and of the Jugg, and such other Works of Piety.

Neemtuk-kerm is the Performance of certain religious Acts, and of the Dan, and of the Seradeh (or Festivals of the Dead) and such other Works, during the Time of the Eclipses of the Sun and Moon.

Santee-kerm is the Performance of Worship to the Dewtah, during the Time of a calamitous Season, or in a dry Year, or a Year of Famine, or when any Pestilence happens in the Kingdom, for the Adversation of such Misfortunes.

Pooshtee-kerm is the Performance of Worship to the Dewtah, and of the Jugg, for the strengthening of the Body, and for Increase of Wealth.

The Chehteree, the Bice, and the Sooder, shall be obedient to the Bramins; and whatever Order the Bramins shall issue, conformably to the Shaster, the Magistrate shall take his Measures accordingly.

The Magistrate, with all possible Circumspection, shall nourish the Four Ifrum; an Account of the Four Ifrum will be given in the Chapter of Justice. Whoever hath forsaken the Principles of his own Cast, the Magistrate shall cause him to return to the Duties of that Cast; if he will not return, he shall oblige him by Menaces.

In whatever Magistrate's Kingdom the Bramins are unable to procure Food and Cloaths, that Kingdom becomes desolate; in such Case, the Magistrate shall most certainly appoint them Subsistence and Cloathing.

Whomsoever the Magistrate shall retain as a Servant, he shall appoint him a Stipend proportionably to his Occupation, that he may not be reduced to Necessity and Distress.

The Magistrate shall keep the High-Road open and plain, that Men and Cattle may have sufficient Room to pass and repass; and shall place in some retired Situation his Store-Houses, and Elephant Stalls, and Armories, and Stables, and Barracks for the Soldiers.

The Magistrate shall keep many intelligent Physicians, and Magicians (or Men who cure by Spells) and Surgeons, i.e. Men skilled in Operations of Surgery, and in applying Plaisters; and he shall keep great Quantities of Medicines, and of Oils of all Kinds in the Physick Shop; and shall retain in his Service a great Number of Buffoons, or Parasites, and jesters, and Dancers, and Athleticks; and he shall render all his Servants, both Counsellors and other tendants, contented and grateful.

If the Magistrate cannot punish Robbers and Night Murderers, and is unable, by apprehending the Thief, to restore Effects stolen from any Person, then he shall give to that Person, from his own Store-Houses, the Value of the Thing so stolen.

Such Things as are not proper for him to take, he shall not take on any Pretence; and of such Things as are right and proper for him to take, even although they are exceedingly minute, he shall not forego his Claim: And he shall esteem the Subjects in the Light of his own Children. And if any Calamity should happen to the Magistrate, yet he must not be terrified, nor remain afflicted, even during the Calamity. Also he must be easy and tranquil; but must not take any Diversions.

The Magistrate shall not be impatient and angry at hearing any Subject's Complaints; and if any Person, not having gained his Cause, speaks abusively to the Magistrate, even then he shall not be enraged against that Person, but shall forgive his Error. Upon performing the Jugg and Poojeh, and other pious Ceremonies, he shall give to the Bramins the Duchneh, i.e. the Wages for the Performance of the Jugg and Poojeh, and shall not require ought from any Person.  

The Magistrate shall take all prudential Measures in his own Kingdom, that no Person commit Adultery with another Person's Wife, and that no Person have Power to commit any Violence to another. And every Magistrate who causes the guilty to be punished is commendable.

The Magistrate shall collect from the People the necessary Tribute; and shall never commit Injustice; and shall listen upon all Affairs to such Men as are possessed of an acute Judgment, and who are very expert in all Affairs.

If a Plunderer should attack the Magistrate's Kingdom, and grievously Molest the People, the Magistrate shall most surely punish him; if he does not, he is unworthy of the Magistracy. And a Magistrate, who, without protecting and taking care of the Subjects, collects the accustomed Tribute from them, will go to Hell.

The Magistrate shall keep such a guard upon himself, that his Foibles may never be discovered; and, by sending Hircarrahs and Spies, he shall inform himself of the Faults of others.

If a Burrut, i.e. a Religious Foundation, hath been appointed to any Bramin, or other Person, being a stipulated Sum for the Performance of Poojeh to the Dewtah, the Magistrate has no Power to resume the Donation. Whoever resumes the established Burrut of a Bramin and the Dewtah, or of any other Person, will remain in Hell One Thousand Years.

In a Kingdom, where Men of Rank eat in the Houses of Prostitutes, or have carnal Connexion with Prostitutes, or practise the drinking of Wine, such Kingdom becomes desolate; therefore it is the Duty of the Magistrate to appoint Persons to prohibit such Practices.

If a Magistrate, not distinguishing between good and bad Men, takes Fines, in contradiction to the Shaster, his Kingdom becomes desolate.

If a Thief, or any other Person within the Observation of the Magistrate, and of the Magistrate's Counsellors, should cause any Molestation to the People, and the Magistrate and his Counsellors should not punish the Offender, such Magistrate and Counsellors, during their Life-time, are like dead Persons.

The Magistrate, at what Time he is desirous to consult with his Counsellors, shall choose a retired Place, on the Top of the House, or on the Top of a Mountain, or in the Desart, or some such secret Recess, and shall hold his Council there; and in Places where there are Parrots, or other talkative Birds, he shall not hold his Council while they are present.

The Magistrate shall not take Counsel of a weak old Man, or of a Woman, or of a Person unacquainted with Works of Piety. If any Person, exclusive of the Magistrate's Counsellors, is acquainted with the Designs of the Magistrate, his Magistracy is not of a long Duration.  
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat Apr 17, 2021 4:47 am

Translation of a Pootee, or Compilation, of the Ordinations of the Pundits.

CHAP. I. Of Lending and Borrowing.


Men are permitted to lend Money, but they should not lend to Women, Children, or Servants; and whenever they lend, it shall be upon the Credit of a Pledge, a Security, a Bond, or Witnesses, whichever of the Four is most to their Satisfaction, and not otherwise; the Pledge and Security are to answer the Payment of the Debt, the Bond and Witnesses to prove its Validity.

SECT. I. Of Interest.

If a Loan be granted upon a Pledge to a Man of the Bramin Cast, the Monthly Interest shall be One Part in Eighty upon the Principal; at this Rate, if the Principal be Eighty Rupees, the Interest shall be One Rupee per Month.

If a Loan be granted upon Security to a Bramin, First, One Part in Eighty upon the Principal is allowed, that is to say, One Rupee, and also One Eighth of One Eightieth of the Principal, which upon Eighty Rupees amounts to Two Annas; these Two Sums are to be added together for the Monthly Interest, so that, upon a Principal Debt of Eighty Rupees, the whole Interest at this Rate is Two Rupees Two Annas per Month.

If a Loan be granted to a Bramin without Pledge or Security, the Monthly Interest shall be Two per Cent.

If a Loan be granted to a Man of the Chehteree Cast, in that Case, where a Bramin pays Interest One Rupee, the Chehteree shall pay One Rupee Eight Annas; where the Bramin is charged One Rupee Two Annas, his Interest shall be One Rupee Eleven Annas; and in the place of Two Rupees, the Chehteree shall give Three.

If a Loan be granted to a Man of the Bice Cast, he shall be charged double the Interest of a Bramin.

If a Loan be granted to a Man of the Sooder Cast, in that Case, where the Bramin pays Interest One Rupee, the Sooder shall pay Two Rupees Eight Annas; in the place of One Rupee Two Annas, he shall give Two Rupees Thirteen Annas; and instead of Two Rupees, he shall be charged Five.

It is allowed the Tribe of Bice to charge Interest, at the Rates herein already specified, in Times either of publick Calamity, or of publick Prosperity.

Also it is allowed the Bramin, the Chehteree, and the Sooder, in Times of Calamity, to demand the above Interest.

But in Times of Prosperity, it is criminal in the Bramin, the Chehteree, and the Sooder, to charge Interest at these Rates.

Explanation of the various Denominations of Interest which are of Six Sorts.

The First is Kau-ee kau, so called, when Money is lent upon a stipulated Interest, with Agreement to be paid yearly.

The Second is Kan-tee-kau, so called, when, according to the Rate of the Agreement, Interest is to be paid monthly.

The Third is Chickerberdehee, so called, when, upon a Debtor's Inability to pay the Interest upon his original Debt, the Principal and Arrears of Interest are added together, and Interest commences upon the aggregate Sum.

The Fourth is Cortee-au, so called, when, in Times of Calamity, the Borrower voluntarily agrees to advance the Rate of Interest, which he must pay accordingly.

The Fifth is Seekhauberdehee, so called, when, according to the Rate of the Agreement, Interest is to be paid daily.

The Sixth is Bhook Labheh, so called, when a Creditor receives a Profit upon any Thing delivered over to him as a Pledge; as for Instance, when a Man pledges with another any domestick Animals, as Kine, Buffaloes, Goats, Horses, Camels, Elephants, &c. or Fruit Trees, as Mango Trees, Jacks, Cocoa Trees, Beetle, &c. or Houses, or tilled Land, or Women's Ornaments, or Pots, or Cloaths, or Mats, Carpets, &c. if they be applied to Use, and it be agreed, between those Two, that the Produce, or Usufruct of the Pledge, shall appertain to the Creditors, in lieu of Interest.

In Times of publick Calamity, either of the Four Tribes of Bramin, Chehteree, Sooder, or Bice, may receive Interest, at the Rate of One Part in Eighty, being One Rupee (as hath already been herein explained in a separate Article) by either of the Three Modes of Kau-ee kau, Kau-lee-kau, and Chickerberdehee.

Either in prosperous or calamitous Times, it is criminal for either of these Four Casts, except only the Bice, to exact Interest:, by either of the Three Methods of Cortee-au, Seekhauberdehee, or Bhook Labbeh.

It is lawful for the Tribe of Bice to receive Interest by either of the Three Modes of Cortee-au, Seekhauberdehee, and Bhook Labheh, in Times of Calamity, but in a prosperous Season criminal.

If a Creditor hath received no Interest upon his Money for Fifty Months, and if still a longer Time should elapse, yet the Arrears of Interest shall rise no higher than to double the Principal; and the Four Modes of Cortee-au, Kau-ee-kau, Kau-lee-kau, and Chickerberdehee, may be applied to collect the Interest upon this double Principal.

If Interest, by the Two Modes of Seekhauberdehee and Bhook Labheh, hath been paid for a very considerable Time, yet there shall be no Release from it, until the Principal Debt be discharged.

Neither of the Three Tribes, Bramin, Chehteree, or Sooder, but only the Bice, shall receive Interest by these Six Methods in Times of Prosperity.

There is a Tribe, denominated Burrun Sunker, composed of such whose Father and Mother, being of Two different Tribes, have begotten Children; if a Man of this Cast should borrow Money, he shall pay One Part in Sixteen upon the Principal; at this Rate, the Interest upon One Rupee is One Anna.

If a Creditor, by violent Means, causes his Debtor to agree to an increased Rate of Interest, the Agreement shall not be valid.  

If a Man borrows Money without a Pledge given, the Son of his Grandson shall not pay the Debt.

If a Man borrows Money upon a deposited Pledge, the Son of his Grandson must discharge the Debt.

If a Man borrows Money without stipulated Interest, and upon the Demand of his Creditor goes abroad, without sufficient Reason, and a Call of Business, or lurks secretly in his own House, fraudulently contriving Means to delay and to refuse Payment, in that Case, after Three Months, Interest upon the Debt shall commence from the Beginning of the Fourth Month; but if the Debtor goes abroad upon real and necessary Occasions, he shall pay Interest, after the Expiration of One Year.

If a Man borrows Jewels, Pearls, Coral, Silver, Gold, Cotton, or Cloaths made of Silk or of Goat's Hair, and any considerable Time elapse without Repayment, yet shall the Interest upon such a Debt arise no higher than to double the Principal.

If a Man, having purchased Goods upon Credit, fraudulently goes abroad without Payment, or conceals himself in his own House, and, by prevaricating Excuses and Delays, continues to withhold the Purchase-Money, in that Case, after Six Months are elapsed, Interest shall be accounted due from the Beginning of the Seventh; if the Purchaser is called abroad by his necessary Business, he Shall pay Interest, after the Expiration of One Year.

If a Man hath committed ought to the Charge of another, who, on Application f or the Return of the Trust, fraudulently absconds on a Journey, or if he leaves not his own House, but by Excuses and Prevarications detains the Charge in his own Possession, in that Case, if Six Months elapse from the Time of such Application, he shall be charged Interest from the Beginning of the Seventh.

Suppose a Man to borrow a Quantity of the Grain, called Shallee (or Paddee) upon this Agreement, that, at the Time of the Paddee Harvest, he will make an equitable and equivalent Return, in that Case, if, at the Time of Payment, Grain be something cheaper than when it was borrowed, he shall pay double the Quantity; if it be much fallen in Price, he shall pay Three Times as much; if it be still cheaper, Four-fold; and if its Value be exceedingly reduced, he shall return Five Times the Quantity lent him, and this Fifth Increase he shall never be obliged to exceed; if the Price, at the Time of Repayment be risen, with respect: to the Time of borrowing, the Bramin shall pay for Interest Two in One Hundred Parts, the Chehteree Three in One Hundred Parts, the Bice double of the Bramin, and the Sooder Five Parts in One Hundred.

If a Man borrows Cocoa-Nut Oil, or any spirituous Liquors, or Ghee, and returns it not in Fifty Months, he shall then repay Eight Times the original Quantity.

If a Man borrows Milk, Woollen Cloth, Perpets, Shawls, or Tapestry, and Carpets made of any Hair but that of Sheep, and returns it not in Fifty Months, he shall then repay Five Times the original Quantity.

If any Man borrows any Kind of Cloths (but those made of Silk) Iron, Copper, Talc, Brass, White Copper, Pewter, Tin, and Metals of this Kind, except Gold and Silver, and returns them not in Fifty Months, he shall then repay Three Times as much.  

If a Man borrows any Kind of Grain, except Paddee, as Wheat, Small Gram, Barley, and such Kinds of Grain, or Lentils, Gram, Mustard Seed, or Kunjud, and such other Produce of Tillage, and returns it not in Fifty Months, he shall repay it Four-fold.

If a Man borrows Green Herbs, such as Cabbage, Lettuce, &c. and repays them not in Fifty Months, he shall repay them Five-fold.

If a Man borrows Sugar Canes, and returns them not in Fifty Months, he shall then repay Six Times the Quantity.

If a Man borrows the Juice of the Sugar Cane, the better Sorts of Flowers, or of Fruits, Ginger, Radishes, Potatoes, or Yam, or any other of those Herbs whose Root is in common Use, whatever Quantity he borrowed, he shall return Three Times as much.

If dried Grass, Fuel Wood, Bricks, or Leaves, or Things made of Leather, or Bone, or Scimitars, Spears, Daggers, Muskets, and this Kind of warlike Instruments, or dried Flowers, or Fruits of the worst Species, be borrowed, and not repaid in Fifty Months, yet no Interest is to be given on them; but if it be originally stipulated, it shall be paid.

If a Man sells Goods without receiving immediate Payment, and, upon Demand made for the Money, the Purchaser puts him off with frivolous Delays, either staying at his own House, or going abroad, without sufficient Reason, Interest shall commence upon the Debt from the Beginning of the Fourth Month.

If a hired Servant hath been a long Time without receiving his Wages, yet he shall not demand Interest upon them, unless it be originally so stipulated.

If a Man hath agreed to pay another a certain Fine on any Account, and a long Time elapse without Payment, he shall not give Interest, unless it be Part of the original Agreement.

If a Man hath presented another with any Thing in the way of Friendship, which Present the Accepter neither takes to his own House at the Time it is given, nor doth the Donor send it to him, yet shall no Interest be paid upon the Gift thus with-held, unless by a prior Agreement.

If a Man hath given another any Thing by way of Recompense, which, after being accepted by the Person to whom it is offered, is yet detained at the Donor's House, and not delivered on Demand, Interest shall be paid upon its Value.

If a Man, in a friendly Manner, hath applied to his own Use any Thing of the separate Property of his Wife, on returning it, he shall give an Interest, together with the Principal; and if a Man, by forcible Means, hath taken ought belonging to his Wife, and doth not pay her both Principal and Interest, the Magistrate of the Time shall oblige him to pay Interest and Principal, and shall also fine him.

If a Man hath expended, on friendly Terms, any of his Wife's Property, and dies before he makes it good, his Son shall pay the Principal so borrowed, but without Interest.

If a Man offers to discharge a Debt, and the Creditor will not accept Payment, he shall not pay Interest upon the Debt, after such an Offer, unless it be previously stipulated.

If a Man, who has agreed to disburse a certain Sum for the Expences of a Marriage, or a Marriage Portion, pays it not for a considerable Time, he shall not pay Interest upon that Sum, unless according to previous Agreement.

If a Man hath dcposited a Pledge, and the Creditor possessing such Pledge applies it to his own Uses, or breaks it, or it be stolen from his House, in that Case, he shall not pay Interest upon it, unless by Agreement.

If a Man deposits a Pledge with another, and no Agreement be made that the Creditor shall make Use of the Pledge, in that Case, supposing the Pledgee to apply to Use the Goods so pledged, he shall pay half Interest, according to the Rates herein already specified.

If a Pledge, deposited in a Creditor's Hands, be spoiled, loss, or broken by an unforeseen Accident, in that Case, the Creditor shall still recover both Principal and Interest of his Debt; but the Debtor shall not receive the Value of his Pledge.

A Man may lend Money to another of the same Tribe, to his Relations, or particular Friends, upon a Pledge only, but from all others, he should demand a Bond and Security.

If a Man lends Gold to another, he shall appoint a fixed Day of Payment to his own Satisfaction; if he cannot fix a Day to his Mind, he may omit it.

If a Man borrows Paddee, Wheat, Barley, Gram, Small Gram, Lentils, or Doll, or Mustard-Seed of the Species of Grain and Pulse, or Salt of whatever Sort it may be, or Honey, Sugar, Sugar-Candy of the Species of Sweets, or round Pepper, or Peepul, dried Ginger, Kureelah, or Inderjoh of the Species of Warm Bitters, or Tamarinds, or four ilumbs, or Lemons of the Species of Acids, or Hurreh, Beheerreh, and Qulah of the Species of Affus, he shall surely fix a Day of Payment.

When several Men are Creditors to the same Debtor, they shall make a a Sort of Common Stock of their Debts, and receive their respective Shares of each Payment; if any Creditor refuses to accede to this Agreement, he shall lose his Share of the Interest.

If a Man hath sold Rice or Wheat for sowing of the Species of Grain, or Mustard Seed, or Kunjud of the Species of Seed, or the Seeds of Cotton, or Kureelab, or Pumpkin of the Species of Terkarree, or the Seed of the Water Melon, or Cucumber of this Species, and they do not spring up from the Ground, but the Spot should become waste, the Vender of the Seed shall make good the Crop.

SECT. II. Of Pledges.

If a Man, with whom a Pledge is deposited, should apply to his own Use the Things so pledged, and by that Means spoil it, he shall pay the Value of it to the Depositor, or procure another of the same Kind.

If a Man, who hath pledged ought to another for a Debt, offers to pay the Money, and demands his Pledge, which the Creditor fraudulently with-holds, in that Case, the Magistrate shall exact a Fine from the Creditor, cause the Pledge to be restored to the right Owner, and the Debt to be forthwith discharged.

If a Person mortgages to another such a Quantity of Land as will serve for the Subsistence of One Man, for One Year, and afterwards mortgages the same Land to a Second Mortgagee, he shall be punished with Death; or if his Life be spared, he shall be fined One Hundred Ashrusees; and if the Criminal be a Bramin (which Tribe is exempt from capital Punishment) he shall still pay the Fine of One Hundred Ashrusees.

If a Man mortgages a Quantity of Land less than will suffice to maintain a Man One Year, and afterwards engages the same Ground to a Second Mortgagee, the Magistrate shall fine him Sixteen Ashrusees.

If a Man hath deposited a Pledge with another, and suffers it to lie a considerable Time unredeemed, yet the Creditor shall not apply the Deposit to his own Use, or fell it, or spoil it, or pledge it as his own to another Person; if he acts in contradiction to this, he shall be obliged to make good the Pledge.

If a Man, having pledged any Thing to one Person, fraudulently contrives to engage the same Article as a Pledge: to a Second, the First Engagement shall be considered valid, and not the Second; but yet the Second Creditor shall receive both Principal and Interest of his Money; and he who thus Transgresses the Laws of justice shall be punished as a Robber.

If a Man pledges the same Article with Two Persons, and it be not known which Transaction was prior in Date, then, whichever of the Creditors, without Molestation of the other Pledgee, attaches the Pledge, it shall be accounted valid, with respect to him; if a Dispute arises, the Two Creditors shall have equal Shares in the Deposite.

If any Transaction between Two People pass before Witnesses only, and a Third Person produces a written Instrument of the same Transaction, attested also by Witnesses, the Writing thus witnessed shall be accounted valid.

If a Man pledges ought to another without a written Agreement, and afterwards deposites the same Pledge with a Second Person, adding a regular written Instrument, to testify the Validity of this Second Pledge, in that Case, the Second Engagement shall stand good, and the Borrower shall return back the Money lent him by the First Creditor.

If a Man mortgages to another a certain Quantity of Land, and the Mortgagee, by forcible Means, appropriates to his own Use a larger Space of Ground than is specified in the Agreement, in that Case, the Magistrate, without causing the Debt to be discharged, shall restore the mortgaged Ground to the right Owner, and hold the Mortgagee criminal.

SECT. III. Of Security.

There are Four Sorts of Security.

First, When a Man, desirous to borrow Money, is refused, by the Person whom he addresses, from a Want of Confidence in his Ability to repay it, if in the mean Time a Third Person should advise the refusing Party to lend the Money, and should promise, that, if the Debtor absconds upon the Day of Payment, he will cause him to appear, he, who by such Advice causes the Money to be lent, engages himself in a Kind of Security, and if he cannot produce the Borrower, when Payment becomes due, he must discharge the Debt, both Principal and Interest: If he dies, his Son shall not make good the Loan.

Secondly, When a Man, who is requested to lend Money, doubts the Character of the Borrower, and enquires it of a Third Person, if this Man should answer to the other's Character, and affirm, that to his own Knowledge he is worthy to be trusted, by thus inclining the Party to lend the Money, he is to be considered as a Kind of Security; and whoever, by giving a good Character to a bad Man, enables him to borrow Money, and this Circumstance can be proved, the Recommender shall be obliged to make good both Principal and Interest of the Debt; but if he dies, his Son is not answerable for the Money.

Thirdly, when a Man, desirous to borrow money, is refused, because the Person of whom he requests it has no Opinion of his Credit, if a Third Man should say, "Lend him what he desires, and I will be answerable for it," this also is a Kind of Security; and if the Borrower refuses Payment, the Security must discharge both Principal and Interest of the Debt; also if he dies, his Son shall make good the Principal.

Fourthly, When a Man, desirous to borrow any Thing for a Time, promising to return it as soon as the Business for which it is wanted shall be finished, is refused the Use of it, if another Person should advise the Possessor of the Thing required to lend it, and should promise, that he will take care to see it returned, this also is a Mode of Security; and if the Borrower returns not the Article lent him, the Security shall make it good, with Interest upon its Value: Also if he dies, his Son shall be answerable for the Principal.

If a Debtor, on the Day agreed for discharging of his Debt, should be unable to appear, either from some natural or publick Calamity, or from a necessary Attendance on a Court of justice, it is not to be accounted a Fault in the Man who became Security for him; but when the Debtor's Cause of Delay is removed, the Security must then procure his Appearance, or, upon Failure, must himself be answerable for the Cause in Dispute.

If a Man dies, who, having deposited a Pledge, is become personal Security for another, his Son shall discharge the Principal of the Debt.

If a Man who is Security for another should die, his Grandson and Great-Grandson are not answerable.

If several Men become Securities for a Debtor who fails to discharge his Debts, all the Securities shall pay the Money in equal Shares.

If, at the Time of lending Money, the Lender should say to the Securities, "Here are several of you engaged, but I expect, that any One of you, whom I may happen to find when Payment becomes due, shall discharge the Debt," if also the Securities assent to this Stipulation, then, should the Borrower fail in his Engagements, the Creditor shall exact Payment of any One of the Securities whom he can first find, according to Agreement,

If a Debtor should be Absent, and the Security is desirous to bring him to Appearance, the Creditor shall settle with the Security a Reasonable Time for his Departure and Return, and shall permit him to go in quest of the Debtor.

If a Security has not absolutely the Means to pay a Sum for which he bound himself, and the Creditor commences a Suit against him in a Court of Justice, the Magistrate of the Time shall appoint him to pay the Debt, by Instalments, according to his Ability, and shall not be too harsh and severe upon him; neither shall the Creditor be permitted to treat him with unreasonable Rigour, in the Exaction of his Claim.

If a Creditor of his own Head be extremely hard and severe upon a Security, whatever Money he hath by this Method extorted, after the Space of One Month and an Half, the Judge shall cause him to return double of that Sum to the Security; and if it be within the Space of One Month and an Half, whatever Sum he hath received, the Judge shall cause him to return the like Sum to the Security.

(According to Chendeesur.)

If a Security, unable to answer the harm and importunate Demands of a Creditor, should give him ought, by way of Bribe, to satisfy him for the present, and then complain to a Court of justice, if this Complaint be after One Month and an Half, the Judge shall cause the Creditor to give double of that Bribe to the Complainant; if the Complaint be laid within the Space of One Month and an Half, the Judge shall cause the Creditor to pay him a Sum equal to the Bribe.

(According to Gerheisur.)

A Man, who is unable to pay his Debts, and the Fines of a Court of justice, shall not be taken as a Security.

A Man shall not accept, as Security, a Person totally unknown to him, his own Master, an Enemy, a Prisoner, a very old Man, a Partner living in the same Family, a Friend, or a Pupil.

SECT. IV. Of Discharging Debts to whomsoever due.

If a Man pays his Grandfather's Debts, he shall not be charged Interest upon them.

If a Man lends Money upon a positive Stipulation to be paid on a certain Day, and the Borrower also assents to this restriction, the Money must absolutely be repaid accordingly.

If a Man lends Money with a Stipulation to be paid upon Demand, and the Borrower Consents to take it upon this restriction, he shall accordingly pay it when demanded.

If a Man dies in Debt, his Sons shall contribute their respective Shares to discharge his Obligations.

If a Man dies in Debt, his Grandchildren shall respectively contribute to pay the Money.

If a Man dies in Debt, his Great-Grandchildren shall not pay the Money.

If a Man in Debt renounces the World, and becomes Fakeer, his Sons and Grandchildren shall discharge his Obligations.

A Great-Grandfather's Debts are not obligatory upon the Great-Grandson; but if it be his own Choice, the Great-Grandson may pay them.

If a Man in Debt leaves his own Country, after he hath been Absent Twenty Years, his Son shall pay his Debts; also a Grandson shall discharge the Debts of his Grandfather, after Twenty Years Absence; likewise, within the Space of Twenty Years, the Son and Grandson may discharge the Debts of their Father and Grandfather, if they choose it; but the Creditor shall not, before the Expiration of Twenty Years, have Power to compel them.

If a Man dies, who hath deposited, as Pledges for Money borrowed, Fruit Trees, tilled Land, Houses, Kine, Buffaloes, Goats, Horses, Elephants, and such Kinds of Useful Animals, or Pots, Cloaths, Mats, and such Things as have been already specified, to produce an Interest for a Debt, his Great-Grandson shall discharge that Debt.  

If a Man in Debt be Absent from Home, and there be no Expectations that he will ever return, his Son and Grandson shall pay his Debts within Twenty Years.

If a Man in Debt be sick, beyond all Hopes of Recovery, the Son, in that Case, shall pay his Father's Debts.

If a Man be blind from his Cradle, or an Idiot, or be overcome by the Infirmities of Age, or be afflicted with a Consumptive Spitting of Blood and Phlegm, or with a Leprosy, and lives in his Son's Family, that Son shall discharge his Father's Debts; but if he lives apart from his Son, and contracts Debts, he shall himself discharge them; and the Son has no Connexion with them.

If a Man lends Money upon the Security of Two People, with Agreement that either of them whom he may happen to find, when Payment is due, shall be answerable for the Debt, in that Case, if One of the Securities should die, and leave no Children, and the other Security be Absent from Home, the Son of the Absentee shall pay the Money; if both the Securities die, whichever of them leaves Children, the Son shall pay his Father's Share of the Obligation.

Before the Dissolution of a Partnership, if One of the Parties, being in Debt, leaves his Country, or dies, in that Case, whichever of the Partners be found upon the Spot shall discharge the Debt.

Upon the Absence of a Master of a Family from Home, whether Abroad or in his own Country, if his Servant borrows Money for the immediate Support of his Master's Family and Dependants, the Master, on his Return, must be answerable for the Debt.

If a Man dies in Debt, and his Son and Grandson, at the Time of his Death, be very young, and incapable of managing their own Affairs, they shall not pay his Debts, until they arrive at Years of Discretion, and then they shall discharge them, according to their Ability.

A Father shall not be compelled to pay his Son's Debtd, but if he chooses it, from any Impulse of paternal Affection, he is permitted; but if a Father offers to be Security to a Man who has refused to lend Money to the Son, in that Case, the Father is obliged to pay what the Son borrows.

If a Man had been desirous to make a Present to another, without any sufficient Cause, and dies, leaving his Intention unfulfilled, his Son shall not give it.

If a Man had been desirous to make a Present to another, upon a proper and sufficient Cause, and dies in the mean Time, the Son shall fulfil his Father's Intentions.  

If a Man dies, having incurred Debts by Gaming, or drinking Spirituous Liquors, his Son shall not discharge them: (This Law is calculated for those Persons in whom Gaming, and the Use of Spirituous Liquors, is not accounted a moral Offence.)

If a Man who owed a Fine to a Court of justice should die, leaving Part of the Fine unpaid, his Son shall not pay that Part; also if no Part of the Fine was paid in the Man's Life-time, his Son shall not be answerable for it in any respect.

If a Man, by the Impulse of Lust, had promised any Present, and should die without fulfilling the Promise, his Son shall not give it.

If a Man, through the Impulse of Enmity, had agreed to give away any Thing, and dies without fulfilling the Agreement, his Son shall not give it.

If a Woman, in Times of Calamity, or for the immediate Support of her Household, Relations, and Servants, should borrow Money, her Husband and Son shall discharge the Debt; but if she contracts Debts on any other Account, her Husband and Son shall not pay them.

If the Wife of a Man of the Cast of Potters, or of Washers, or of Cow-Herds, or Dancers, or Hunters, contracts a Debt, her Husband and Sons are answerable for it; also if a Man, or his Son, among those Tribes, contracts Debts, the Wife must pay them.

If a Woman borrows Money with the Consent of her Husband and Son, the Husband and Son shall repay it.

If a Man, at the Point of Death, desires his Wife to discharge his Debts, then, if she inherits her Husband's Property and Possessions, she shall pay them accordingly.

If a Man dies in Debt, whoever happens to be his Heir shall discharge those Debts, but without Interest.

If a Bramin dies childless, whichever of his Kindred becomes his Heir, he shall discharge his Debts; if he has no Relations, the Bramim of the same Village where the childless Bramin resided shall administer to his Estate, and pay his Debts; if no other Bramins inhabit that Part, the Magistrate shall pay the childless Bramin's Debts from the Amount of his Effects, and shall cast the Overplus into the Water.

If a Chehteree dies childless, and hath no Relations, or Kindred, the Magistrate shall take Administration of his Effects, pay from the Amount the Debts of the Deceased, and keep the Overplus.

SECT. V. Of the Methods of Recovering Debts.

If a Creditor, on the Day appointed for Payment, demands his Money of the Debtor who refuses to discharge the Debt, first, he shall speak to the Friends and Relations of the Debtor, and procure them to demand Payment; next, he shall go in Person, and importune for his Money, and stay some Time at the Debtor's House, but without eating or drinking; if these Means fail, he shall carry the Debtor Home with him, and, having seated him before Men of Character and Reputation, shall there detain him; if even this Method should not succeed, he shall endeavour, by feigned Pretences, to get hold of some of his Goods; or if any Pledge was deposited with him on lending the Money, he shall carry the Goods so pledged to the Magistrate, who shall cause the Deposite to be sold, and pay the Creditor his Debt, with Interest, from the Amount of the Sale; if he cannot, by evasive Means, distrain the Debtor's Goods, and also if no Pledge be in his Possession, he shall then seize and confine the Debtor's Wife, Children, Cattle, Buffaloes, Horses, and such Kind of useful Animals; also his Pots, Cloaths, Mats, and Furniture; and, seating himself at the Debtor's Door, shall there receive his Money; if even these Methods prove unsuccessful, he shall seize and bind the Debtor's Person, and procure, by forcible Means, a Discharge of the Debt.

If Men of very low Casts, Coolies, and handicraft Men, owe Money, they shall be seized, detained, and compelled to pay.

If a Man lends Money to a Magistrate, to his own Master, or to a Bramin, he shall not be rude or uncivil in procuring Payment.

If a Man hath lent Money to One of the same Family, or to a Man of bad Principles, he shall, by evasive Pretences, get hold of some of the Debtor's Goods, and by that Means procure Payment.

If a Man of the Tribe of Arzal be unable to pay his Debts, he shall be obliged to work out Payment by daily Labour.

If a Bramin be unable to pay his Debts, the Magistrate shall appoint him to discharge them by little and little, according to his Means.

If a Debtor and Creditor are both of the Bramin Cast, the One shall not oblige the other to work out a Debt by Day Labour.

If a Man of the Chehteree, Sooder, or Bice Cast, is too poor to pay his Debts, the Creditor may oblige him to work out the Amount, in any Business of which the Debtor is capable; that is to say, the higher Cast may exact this Method of Payment from One inferior to itself, and Casts of equal Rank may thus mutually treat each other; but a low Cast cannot force the superior to compound Debts by Labour, but shall be paid by Instalments, on a Debtor's Inability to discharge the whole Debt at once.

If a Creditor, without previous Demand, seizes his Debtor by Force, and obliges him to work at a Business of which he is not capable, the Magistrate shall fine the Creditor, and dismiss the Debtor with the Debt unpaid.

If a Man discharges not a Debt in Fifty Months from the Time of borrowing, so that the Interest of Chickerberdehee takes place (an Explanation of which hath been already given above) he shall settle the Mode to his own Satisfaction, a and pay the Creditor his Money.

If a Man, who hath long since deposited a Pledge in another's Hands, should abscond, or die, the Creditor, in Presence of the Debtor's Friends, shall produce the Pledge, and ascertain its Value; after that, he shall keep it by him Ten Days; and, if within that Space the Debtor's next Heir does not come in, and satisfy his Claim, he shall sell the Article pledged, and take his own Money, with Interest, from the Amount; if there be any Remainder, the Creditor is not to keep it.

If a Man acknowledges himself indebted to another, and yet refuses to pay, the Creditor shall Use the Means above specified to recover his Money, without Hinderance or Molestation from the Magistrate; if the Debtor should lodge a Complaint, the Judge shall fine him, and cause the Creditor to be paid.

If a Man, owing another any Money, should flatly deny the Debt, when Payment is demanded, the Creditor shall not have Power to take him into his own Custody, but shall cause him to appear before a Magistrate, and there, upon indisputable Proof of the Debt, shall receive his Claim; but if the Creditor be desirous to attach and confine his Debtor, without Knowledge of the Judge, in this Case, he shall be fined.

If a Man hath lent some Ashrusies, and the Borrower acknowledges to have received some Rupees, but a less Sum than the Creditor pretends, also if the Lender demands Interest upon his Loan, and the Borrower asserts, to have discharged the Interest already, or if the Creditor affirms to have lent the Money upon mere good Faith, and the Debtor says, that he deposited a Pledge for the Loan, upon a Dispute of this Kind, the Creditor shall by no Means arrest the Debtor's Body, without Knowledge of the Magistrate; should he offend this Law he shall be fined.  

If a very rich Man, of weak Understanding, and of a very mean Tribe, from a Principle of Fraud and Obstinacy, refuses to pay his Debts, the Magistrate shall oblige him to discharge the Money claimed, and fine him double the Sum.

If a Man owes Money to several Creditors, he shall first discharge that Debt which was first contracted, and so in Order.

If a very rich Man, of an excellent Education, and of a superior Cast, from a Principle of Fraud and Obstinacy, refuses to pay his Debts, and the Creditor commences a Suit against him, the Magistrate shall cause the Money in Dispute to be paid, and shall fine the Debtor One Twentieth of the Sum recovered.

If a Debtor and Creditor are of equal Casts, and, on the Debtor's Refusal to pay his Debts, the Creditor should commence a Suit, the Magistrate shall cause the Money in Dispute to be paid, and shall also fine the Debtor One Tenth of the Sum recovered.

If a Man hath borrowed Money of several People in One Day, and the regular Order of borrowing cannot be ascertained, the Creditors shall all be paid in equal Shares.

When a Creditor procures Payment of his Money by Application to a Magistrate, he shall give him One Twentieth of the Sum recovered for his Interposition.

When a Debtor discharges his Debts by Instalments, he shall duly note upon the Back of the Bond the respective Sums so paid off; the Creditor also shall give a separate Receipt for each Payment: If the Debtor omits this Precaution, and the Creditor also has not given a Receipt for any particular Payment, the Sums so omitted shall not enter into the Account.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat Apr 17, 2021 7:19 am

Part 1 of 3

CHAP. II. Of the Division of Inheritable Property.

When a Father, a Grandfather,* [A Grandfather, in this Translation, always means a Father's Father; a Grandson always means a Son's Son; and all the Terms of Affinity, when they occur, without any restriction, are to be applied to the Male Line of Kindred; when the Female Line intervenes, it is particularly specified in the Expression.] a Great-Grandfather, and any Relations of this Nature decease, or lose their Cast:, or renounce the World, or are desirous to give up their Property, their Sons, Grandsons, Great-Grandsons, and other natural Heirs, may divide and assume their Glebe Land, Orchards, Jewels, Coral, Cloaths, Furniture, Cattle, and Birds, and all the Estate, real and personal, of which the Persons thus circumstanced stand possessed; such Property is called Daie, meaning Property capable of being thus left and inherited.

SECT. I. Of Inheritance from a Father, a Grandfather, a Great-Grandfather, and such Kind of Relations.

If a Man dies, or renounces the World, or for any Offence is expelled from his Tribe, his Relations, and Kindred, or is desirous to give up his Property, all his Possessions, be they Land, or Money, or Effects, or Cattle, or Birds, go to his Son; if there be several Sons, they all shall receive equal Shares.

If the Son be dead, it goes to the Grandson; if there be but One Grandson, he shall obtain the whole; if there be several Grandsons, they shall divide it, and all shall receive equal Shares.

If there is no Grandson, it goes to the Grandson's Son; if there be but One Grandson's Son, he shall obtain the whole; if there be several Sons of the Grandson, they shall all receive equal Shares of it.

If from such a Man as above-mentioned there should have sprung Two, Three or more Sons, and One of them should die, leaving behind him One or more Sons, the Son, thus left, shall receive his Father's Share from his Uncles, in equal Proportion with them; if the Uncles be dead, he shall receive his Father's Share from his Uncle's Son.

If a Man's Father and Grandfather be dead, he shall receive his Grandfather's Share from his Grandfather's Brothers, in equal Proportion with them; if there be no Brother of his Grandfather alive, he shall receive it from that Brother's Son.

If a Man has neither Son, Grandson, nor Grandson's Son, all his Property goes to his adopted Son; if there be no adopted Son, it goes to the adopted Son's Son; if there be no adopted Son's Son, it goes to the adopted Son's Grandson.

If there be no adopted Son's Grandson, then, if the Property has already been divided among the Heirs, it goes to the Wife; if it has not been divided, it goes to the Brother; but the Wife shall receive Food and Cloaths.

This Ordination is according to the Pundits of Meet-hul, but Sewarteh Behtacharige, Jeimoot Bahun, and Sirree Kishen Terkalungkar, and others, speak to this Effect, viz. That if there be no Son, nor Grandson, nor Grandson's Son, then the Husband's Share of the Property, whether it has or has not been divided among the Heirs, shall go to his Wife; if he had several Wives, they all shall receive equal Shares; if there is but One Wife, she shall receive the whole.

This is a good Ordination, and is approved: If the Wife is not unchaste, and remains in her Husband's House, then she shall obtain her Husband's Effects; if she be unchaste, and continues not in her Husband's House, or if she continues in her Husband's House, though unchaste, then she shall not obtain her Husband's Effects.

A Woman may give to the Bramins any Part of the Effects which she inherited from her Husband, to promote his future happiness; if she gives the whole, the Gift is approved; but she is blameable: She may also sell or mortgage it, to procure herself the immediate Necessaries of Life.

If there be no Wife, the Property goes to the unmarried Daughter; if there is but One unmarried Daughter, she shall obtain the whole; if there are several unmarried Daughters, they all shall receive equal Shares.

If an unmarried Daughter, who has inherited her Father's Effects, should afterwards marry and die, leaving a Son, that Son shall obtain the whole Property: If she should die, leaving a Daughter, that Daughter shall not receive any Thing.

If she dies without having borne a Child, that Property does not go to her Husband, but in equal Shares to her Sisters who have Children, or are capable of Child-bearing: (Women are to be considered as capable of Child-bearing, till their monthly Courses entirely cease; when those Courses are finally closed, it is certain, that Women shall bear no more Children; and a Sister in this Condition shall not receive any Share:) If there be but One Sister, she shall obtain the whole; if there are several Sisters, they all shall receive equal Shares.

If there is no unmarried Daughter, then equal Shares shall go to the Daughter who has borne Children, and to the Daughter capable of Child-bearing; if there is but One Daughter thus circumstanced, she shall obtain the whole, but the barren Daughter, and the Daughter who is a childless Widow, receive Nothing; but if there be no Person belonging to the Family of the Husband of the barren Daughter, or to that of the childless Widow, or they should be distressed for the immediate Necessaries of Life, in that Case, they shall receive Food and Cloaths: And when it becomes certain, that the barren Daughter can never bear Children, she shall share in an Inheritance, according to the Ordination of Jeimoot Bahun, and Sirree Kishen Terkalungkar, and others; and this is a good Ordination, and is approved (or rather is customary in this Kingdom) but Pacheshputtee Misr speaks to this Effect, viz, That if there is no Daughter who has Children, or likely to have them, then Property shall go in equal Shares to the barren Daughter, and to the Daughter who is a childless Widow; if of these barren and widowed Daughters there be but One alive, she shall obtain the whole; if there be more, they shall receive equal Shares.

If there be no Daughter, it devolves upon the Daughter's Son; if there be but One Daughter's Son, he shall obtain the whole; if there are several Sons of the Daughter, they shall all receive equal Shares: This Ordination is according to Sewarteh Behtacharige, Jeimoot Bahun, Sirree Kishen Terkalungkar, and Gopaul Punchanun, and is approved: Gobind Raje says, "That, even during the Daughter's Life, it shall go the Daughter's Son."

If Daughters who have received Shares of an Inheritance should die, and leave Children behind them, as One Son be left by One Daughter, and Two or more by the Second, these Sons shall divide the Property among themselves, in equal Shares, like Brothers born of the same Parents.

If there be no Daughter's Son, it goes to the Father; if there be no Father, to the Mother; if there be no Mother, to the Brother born of the same Parents; if there be but One Brother, he shall obtain the whole; if there are several Brothers, they all shall have equal Shares.

If there be no Brother by the same Parents, it shall go to the Brother by a different Mother; if there is but One Brother, he shall have the whole; if there are several Brothers, they all shall have equal Shares.

If there be Three, Four, or more Brothers, and among them, Two are Brothers by Blood, and the rest, Brothers by a different Mother, who have all separated from each other, among these, if the Half-Brother returns to live as a Companion, and the Brother by Blood continues separate, then the Half-Brother who is the Companion, and the Brother by Blood who lives separate, shall inherit equal Shares; if both the Brother by Blood, and the Half-Brother, after Separation, return to be Companions, Property goes to the Brother by Blood, and not to the Half-Brother; if One Brother by Blood returns, after Separation, to be a Companion, and the other Brothers by Blood continue separate, then it goes to the Brother who returned to be a Companion; and those who did not return shall not receive any Thing.

If a Parcel of Land hath not been divided among Brothers, in that Case, both the Brother by Blood, and the Half-Brother, who, after Separation, have all returned again to live together, shall receive equal Proportion of such Land; also, if after Separation they have all continued to live separate, they all shall receive equal Shares: And this Ordination, respecting the Separation and Reunion of Brothers, and their Shares in consequence, holds good also with respect to the Descendants of the Brother by Blood, and the Descendants of the Half-Brother.

If there be no Brother, Property goes to the Son of the Brother by Blood; if there is but One Son of the Brother by Blood, he shall receive the whole; if there are several Sons, they all shall have equal Shares.

If there be no Son of the Brother by Blood, it goes to the Son of the Half-Brother; if there is but One Son of the Half-Brother, he shall receive the whole; if there are several Sons, they all shall have equal Shares.

If there be no Son of the Half-Brother, it goes to the Grandson of the Brother by Blood, and to the Grandson of the Half-Brother, in equal Shares; if among these there be but One Grandson, whether of the Brother by Blood, or of the Half-Brother, he shall receive the whole Estate; if there are several Grandsons, both of the Brother by Blood and of the Half-Brother, they shall receive equal Shares: This Ordination is according to Sewarteh Behtacharige, Jeimoot Bahun, and Gopaul Punchanun, and is approved (or customary in this Kingdom:) Sirree Kishen Terkalungkar says, "That in Case a Grandson of the Brother by Blood be alive, the Grandson of the Half-Brother shall not receive any Share of the Property."

If there be no Brother's Grandson, it goes to the Sister's Son; if there is but One Sister's Son, he shall receive the whole; if there are several Sister's Sons, they all shall have equal Shares.

If there be no Sister's Son, it goes to the Grandfather; if there is no Grandfather, it goes to the Father's Mother; if there be no Father's Mother, to the Paternal Uncle; if there be but One Paternal Uncle, he shall obtain the whole; if there are several Paternal Uncles, they all shall receive equal Shares.

If there be no Paternal Uncle, it goes to the Paternal Uncle's Son; if there be but One Paternal Uncle's Son, he shall receive the whole; if there are several Paternal Uncle's Sons, they all shall obtain equal Shares.

If there be no Paternal Uncle's Son, it goes to the Paternal Uncle's Grandson; if there be but One Paternal Uncle's Grandson, he shall obtain the whole; if there are several Paternal Uncle's Grandsons, they all shall receive equal Shares.

If there be no Paternal Uncle's Grandson, it goes to the Son of the Grandfather's Daughter; if there is but One Grandfather's Daughter's Son, he shall receive the whole; if there are several Grandfather's Daughter's Sons, they shall all receive equal Shares. If there be no Grandfather's Daughter's Son, it goes to the Son of the Paternal Uncle's Daughter; if there is but One Paternal Uncle's Daughter's Son, he receives the whole; if there are several Paternal Uncle's Daughter's Sons, they all shall obtain equal Shares.

If there be no Paternal Uncle's Daughter's Son, it goes to the Grandfather's Father; if there be no Grandfather's Father, to the Grandfather's Mother; if there be no Grandfather's Mother, to the Grandfather's Brother; if there is but One Grandfather's Brother, he obtains the whole; if there be several Grandfather's Brothers, they shall all receive equal Shares.

If there be no Grandfather's Brother, it goes to the Grandfather's Brother's Son; if there is but One Grandfather's Brother's Son, he shall obtain the whole; if there be several Grandfather's Brother's Sons, they all shall have equal Shares.

If there be no Grandfather's Brother's Son, it goes to the Grandfather's Brother's Grandson; if there is but One Grandfather's Brother's Grandson, he shall obtain the whole; if there are several Grandfather's brother's Grandsons, they all shall receive equal Shares.

If there be no Grandfather's Brother's Grandson, it goes to the Grandfather's Father's Daughter's Son; if there is but One Grandfather's Father's Daughter's Son, he shall receive the whole; if there are several Grandfather's Father's Daughter's Sons, they all shall receive equal Shares.

If there be no Grandfather's Father's Daughter's Son, it goes to the Mother's Father; if there be no Mother's Father, it goes to the Maternal Uncle; if there is but One Maternal Uncle, he shall receive the whole; if there are several Maternal Uncles, they shall all have equal Shares.

If there be no Maternal Uncle, it goes to the Maternal Uncle's Son; if there is but One Maternal Uncle's Son, he receives the whole; if there are several Maternal Uncle's Sons, they shall all have equal Shares.

If there be no Maternal Uncle's Son, it goes to the Maternal Uncle's Grandson; if there be but One Maternal Uncle's Grandson, he receives the whole; if there are several Maternal Uncle's Grandsons, they all shall obtain equal Shares.

If there be no Maternal Uncle's Grandson, it goes to the Grandson's Grandson; if there be but One Grandson's Grandson, he shall obtain the whole; if there are several Grandson's Grandsons, they shall all receive equal Shares.

If there be no Grandson's Grandson, it goes to the Grandson's Grandson's Son; if there be but One Grandson's Grandson's Son, he shall obtain the whole; if there be several Grandson's Grandson's Sons, they shall all receive equal Shares.

If there be no Grandson's Grandson's Son, it goes to the Grandson's Grandson’s Grandson; if there is but One Grandson's Grandson's Grandson, he shall obtain the whole; if there are several Grandson's Grandson's Grandsons, they all shall obtain equal Shares.

If there be no Grandson's Grandson's Grandson, it goes to the Grandfather's Grandfather; if there be no Grandfather's Grandfather, it goes to the Grandfather's Paternal Uncle; if there is but One Grandfather's Paternal Uncle, he shall obtain the whole; if there be several Grandfather's Paternal Uncles, they shall all receive equal Shares.

If there be no Grandfather's Paternal Uncle, it goes to the Grandfather's Paternal Uncle's Son; if there is but One Grandfather's Paternal Uncle's Son, he shall obtain the whole; if there are several Grandfather's Paternal Uncle's Sons, they shall all have equal Shares.

If there be no Grandfather's Paternal Uncle's Son, it goes to the Grandfather's Paternal Uncle's Grandson; if there is but One Grandfather's Paternal Uncle's Grandson, he shall have the whole; if there are several Grandfather's Paternal Uncle's Grandsons, they shall all receive equal Shares.

If there be no Grandfather's Paternal Uncle's Grandson, it goes to the Grandfather's Grandfather's Daughter's Son; if there is but One Grandfather's Grandfather's Daughter's Son, he shall receive the whole; if there are several Grandfather's Grandfather's Daughter's Sons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Daughter's Son, it goes to the Grandfather's Grandfather's Father; if there be no Grandfather's Grandfather's Father, it goes to the Grandfather's Grandfather's Brother; if there is but One Grandfather's Grandfather's Brother, he shall receive the whole; if there are several Grandfather's Grandfather's Brothers, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Brother, it goes to the Grandfather's Grandfather's Brother's Son; if there is but One Grandfather's Grandfather's Brother's Son, he shall receive the whole; if there be several Grandfather's Grandfather's Brother's Sons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Brother's Son, it goes to the Grandfather's Grandfather's Brother's Grandson; if there be but One Grandfather's Grandfather's Brother's Grandson, he shall obtain the whole; if there are several Grandfather's Grandfather's Brother's Grandsons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Brother's Grandson, it goes to the Grandfather's Grandfather's Father's Daughter's Son; if there is but One Grandfather's Grandfather's Father's Daughter's Son, he shall receive the whole; if there are several Grandfather's Grandfather's Father's Daughter's Sons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Father's Daughter's Son, it goes to the Grandfather's Grandfather's Grandfather; if there be no Grandfather's Grandfather's Grandfather, it goes to the Grandfather's Grandfather's Father's Brother; if there is but One Grandfather's Grandfather's Father's Brother, he shall obtain the whole; if there are several Grandfather's Grandfather's Father's Brothers, they shall all have equal Shares.

If there be no Grandfather's Grandfather's Father's Brother, it goes to the Grandfather's Grandfather's Father's Brother's Son; if there is but One Grandfather's Grandfather's Father's Brother's Son, he shall receive the whole; if there are several Grandfather's Grandfather's Father's Brother's Sons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Father's Brother's Son, it goes to the Grandfather's Grandfather's Father's Brother's Grandson; if there is but One Grandfather's Grandfather's Father's Brother's Grandson, he shall receive the whole; if there be several Grandfather's Grandfather's Father's Brother's Grandsons, they shall all have equal Shares.

If there be no Grandfather's Grandfather's Father's Brother's Grandson, it goes to the Grandfather's Grandfather's Grandfather's Daughter's Son; if there be but One Grandfather's Grandfather's Grandfather's, Daughter's Son, he shall obtain the whole; if there are several Grandfather's Grandfather's Grandfather's Daughter's Sons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Grandfather's Daughter's Son, it goes then to any One of the Family who is the next near Relation; if there, be no near Relation, it goes to One of distant Affinity; if there be none of these also, then the Magistrate shall obtain the Effects of the Chehteree, the Sooder, and the Bice; and the Property of the Bramin goes to the Person who gave the Deceased the Goiteree: (The Goiteree means a Charm, or Hindoo Incantation, which is taught the Bramin, at the Time of investing him with the Braminical Thread.)

In default of him, it goes to the Pupil whom the Deceased instructed in the Science of the Beids; if there is but One Pupil, he shall receive the whole; if there are several Pupils, they shall all receive equal Shares.

If there be no Pupil, it goes to the Fellow Student, with whom the Deceased learned the Science under the same Tutor; if there is but One Fellow Student, he shall receive the whole; if there are several Fellow Students, they shall all obtain equal Shares.

If there be no Fellow Student, it goes to the learned Bramin of the Village where the deceased Bramin had his Residence; if there is no learned Bramin there, the unlearned Bramins in that Village shall obtain it; if there are no Bramins in that Village, the Bramins living in the Environs of that Village shall receive it,

The Magistrate shall never receive the Effects of a Bramin.

SECT. II. Of Dividing the Property of the Berhemcharry, the Sinassee, and the Ban Perust.

If a Berhemcharry dies, the Man who taught the Deceased the Incantation Goiteree shall obtain his Effects; in default of him, another Berhemcharry shall receive them.

He is called a Berhemcharry, who, after assuming the Braminical Thread, remains in the Desart Twelve Years, in the Presence of his Theological Instructor, applying himself to the Study of the Science of the Beids, and who, in all that Time, sees the Face of Men of no other Tribe, but only of the Bramins, and who employs himself wholly in the Worship of God.

If a Sinassee dies, his Effects go to his Pupil in Religion; in default of him, to another Sinassee.

He is a Sinassee, who, after assuming the Braminical Thread, cuts and shaves all the Hair from his Head, burns the Braminical Thread, and cloathing himself in Two Red Cloths, and, carrying a Bamboo Staff of his own Height, in his Right-Hand, and an Earthen Pot in his Left, forsakes his Wife and Children, and becomes a Fakeer.

If a Ban Perust dies, the Man who was his Fellow Worshipper, in the same consecrated Ground, shall receive his Property; in default of him, it shall go to another Ban Perust.

He is a Ban Perust, who, after the Expiration of his Fiftieth Year of Life, renounces the World, and, dedicating himself wholly to the Worship of God in the Desart, returns no more to his own House.

SECT. III. Of a Woman s Property.

That is called a Woman's Property, First, Whatever she receives during the Ayammi Shadee (or Days of Marriage.)

The Ayammi Shadee begins with the Nandee Mookheh, (the Nandee Mookheh is when the Bridegroom, before the Marriage Exhortation is pronounced, performs the Fateheh Buzurgwar* [The Fateheh Buzurgwar is an Offering made by a Man to the Priests, for the Repose of the Souls of his Father, his Grandfather, &c.]) and ends with the Puntubbee-baden, that is, the Salute of Respect made to the Bridegroom by the Bride. The Space of Time, thus limited, is called the Ayammi Shadee.

Whatever she may receive from any Person, as she is going to her Husband's House, or coming from thence.

Whatever her Husband may at any Time have given her; whatever she has received at any Time from a Brother; and whatever her Father and Mother may have given her.

Whatever her Husband, on his contracting a Second Marriage, may give her, to pacify her.

Whatever a Person may have given a Woman for Food or Cloathing.

Whatever Jewels, or Wearing-Apparel, she may have received from any Person.

Also, whatever a Woman may receive from any Person, as an Acknowledgment, or Payment, for any Work performed by her.

Whatever she may by Accident have found any where.

Whatever she may gain by Painting, Spinning, Needle-Work, or any other Employment of this Kind.

Except from One of the Family of her Father, One of the Family of her Mother, or One of the Family of her Husband, whatever she may receive from any other Person.

Also, if the Father or Mother of a Girl give any Thing to their Son-in-Law, saying, at the same Time, "This shall go to our Daughter," and even without any Words to this Purpose, at the Time of making the Gift, if they merely have it in their Intentions, that the Thing thus given should revert to their Daughter: All and every of these Articles are called a Woman's Property.

If among these Articles here specified, a Woman's Husband should have given her Glebe Land, Orchards, or Houses, if she has gained any Thing by her own Industry, in Painting, Spinning, Needle-Work, and such Employments, and, exclusive of the Family of her Father, her Mother, or her Husband, if she has received any Thing from any other Person, these Things, thus received, are not in her own Disposal; all her other Effects, except whit is gotten by the Three Methods above-mentioned, may be disposed of in any Manner agreeable to her own Inclinations; but of Glebe Land, Orchards, and Houses, of the Money gained by Painting, and such Employments, and of the Presents given her by Strangers, (lie has not the Right of Disposal: And if a Woman does not leave her Property acquired by these Three Methods, or by the other Means already specified, to her Father, her Brother, or her Son, they shall not obtain it.

If, during the Time of a Famine, or for the Execution of some religious Purpose, or on Account of Sickness, or to satisfy the importunate Demands of a Creditor, who has proceeded so far as to seize his Debtor, and confine him without Victuals, the Husband should appropriate to himself his Wife's Property, without her Leave, he is justifiable, nor is he obliged to return or repay what is so appropriated; but in Times of Plenty and Prosperity, he has not Power to take it; and if in Times of Plenty he takes it without Leave of his Wife, he shall repay her both Principal and Interest; if he takes it by her Consent, he shall only return what he originally borrowed.

If a Man takes the Property of One of his Wives, and remains attached to a Second, without behaving with proper Civility to the First, the Magistrate shall cause her Property to be restored to her.

If a Husband neglects to give his Wife necessary Victuals and Apparel, she shall procure them by any Means in her Power.

Whatever Woman be of a Disposition altogether malevolent, or wanting in female Modesty or careless of her Property, or unchaste, such Woman is incapable of possessing what has been specified to be a Woman's Property.

SECT. IV. Of the Inheritance of a Woman's Property.

When a Woman dies, then whatever Effects she acquired during the Ayammi Shadee, even though she hath a Son living, shall first go to her unmarried Daughter; if there is but One unmarried Daughter, she shall obtain the whole; if there are several unmarried Daughters, they all shall have equal Shares.

And an unmarried Daughter, who has inherited her Mother's Effects, and afterwards marries, if she should die without having borne a Son, those Effects do not go to her Husband, but the Sisters of the said Daughter shall obtain them; if the Daughter should leave a Son, at her Death, that Son shall receive an equal Share of his Mother's Property from her Sisters.

If there be no unmarried Daughter, then it shall go in equal Shares to the Daughter who has Children, and to the Daughter who will have Children; of these, if there is but One Daughter, she shall obtain the whole Property; if there are several Daughters, they shall all receive equal Shares.

If there arc none of these, then it shall go in equal Shares to the barren Daughter, and to the Daughter who is a childless Widow.

If there are no barren Daughters or childless Widow, it shall go to the Son; if there is but One Son, he shall obtain the whole; if there are several Sons, they shall all receive equal Shares.

If there be no Son, it goes to the Daughter's Son; if there is but One Daughter's Son, he receives the whole; if there are several Daughter's Sons, they shall have equal Shares.

If there be no Daughter's Son, it goes to the Grandson, i.e. Son's Son; if there is but One Grandson, he receives the whole; if there are several Grandsons, they all obtain equal Shares.

If there be no Grandson, it goes to the Grandson's Son; if there be but One Grandson's Son, he shall receive the whole; if there are several Grandson's Sons, they all obtain equal Shares.

If there be no Grandson's Son, it goes to the Husband's Son by another Wife; if there is but One Son of the Husband by another Wife, he shall obtain the whole; if there are several Sons of the Husband by another Wife, they all receive equal Shares.

If there be no Son of the Husband by another Wife, it goes to the Grandson of the Husband by another Wife; if there is but One Grandson of the Husband by another Wife, he obtains the whole; if there are several Grandsons of the Husband by another Wife, they shall all receive equal Shares.

If there be no Grandson of the Husband by another Wife, it goes to the Grandson 's Son of the Husband by another Wife; if there is but One Son of the Grandson of the Husband by another Wife, he shall receive the whole: if there be several Grandson's Sons of the Husband by another Wife, they shall all receive equal Shares.

If there be no Grandson's Son of the Husband by another Wife, then, in Five of the Forms of Marriage, whatever Property a Woman may have acquired, after her Death, goes to her Husband.

Explanation of those Five Forms of Marriage.  

I. Berameh.
II. Deeyb.
III. Arsh.
IV. Kandehrub.
V. Perajaput.


First. Berameh, so called, when a Father, with much Entreaty and Importunity, has procured a Bridegroom of Distinction, and, on that Account, making magnificent Nuptial Presents, marries him to his Daughter.

Second. Deeyb, so called, when the Jugg is first performed: (The Jugg is thus celebrated; they pitch a Tent upon a select Spot of Ground, and make a Fire there; then they pour Ghee upon the Fire, uttering at the same Time certain Prayers to their Deities: For the Duchneh of this Ceremony, the Parents deck out their Daughter with fine Ornaments and handsome Cloaths, and give her in Marriage to the Bramin: The Duchneh is that Present which a Man gives to a Bramin whom he has procured to pray for him; in this Case, the Daughter is in lieu of that Present.)

Third. Arsh, so called, when the Parents of a Girl receive One Bull and One Cow from the Bridegroom, on his marrying their Daughter.

Fourth. Kandehrub, so called, when a Man and Woman, by mutual Consent, interchange their Necklaces, or Strings of Flowers, and both make Agreement, in some secret Place; as for Instance, the Woman says, "I am become your Wife," and the Man says, "I acknowledge it."

Fifth. Perajaput, so called, when the Parents of a Girl, upon her Marriage, say to the Bridegroom, "Whatever Act of Religion you perform, perform it with our Daughter," and the Bridegroom assents to this Speech.

If there be no Husband, a Woman's Property goes to her Brother; if there is but One Brother, he shall obtain the whole; if there are several Brothers, they all have equal Shares.

If there be no Brother, it goes to her Mother; if there be no Mother, it goes to her Father.

And under the other Three Forms of Marriage, whatever Property a Woman has acquired, if there be no unmarried Daughter, nor other Heirs, till after the Grandson's Son of the Husband by another Wife, as hath been already specified, after her Death, goes to her Mother; if there be no Mother, it goes to her Father; if there be no Father, to her Husband.  
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat Apr 17, 2021 7:19 am

Part 2 of 3

Explanation of the other Three Forms of Marriage.

I. Ashore.
II. Rakhus.
III. Peishach.


First. Ashore, so called, when a Man gives Money to a Father and Mother, on his marrying their Daughter, and also gives something to the Daughter herself.

Second. Rakhus, so called, when a Man marries the Daughter of another, whom he has conquered in War.

Third. Peishach, so called, when, before Marriage, a Man, coming in the Dress and Disguise of a Woman, debauches a Girl, and afterwards the Mother and Father of the Girl marry her to the same Man.

After this Account of a Woman's Heirs, under the Eight different Forms of Marriage, which have been explained in Two Sections, if none, within the Limitations there specified, should remain, then the Property of a Woman goes, after her Death, to her Husband's Younger Brother; if there is but One Younger Brother, he receives the whole; if there are several Younger Brothers, they all obtain equal Shares.

If there be no Younger Brother of her Husband, it goes in equal Shares to the Son of her Husband's Younger Brother, and to the Son of her Husband's older Brother.

If there be none of these, it goes to her Sister's Son, if there is but One Sister's Son, he receives the whole; if there are several Sister's Sons, they shall all have equal Shares.

If there be no Sister's Son, it goes to her Husband's Sister's Son; if there is but One Husband's Sister's Son, he receives the whole; if there are several Husband's Sister's Sons, they all have equal Shares.

If there be no Husband's Sister's Son, it goes to her Brother's Son; if there is but One Brother's Son, he receives the whole; if there are several Brother's Sons, they shall all have equal Shares.

If there be no Brother's Son, it goes to her Daughter's Husband; if there is but One Daughter's Husband, he shall receive the whole; if there are several Daughter's Husbands, they shall all obtain equal Shares.

If there be no Daughter's Husband, it goes to her Husband's Father; if there be no Husband's Father, it goes to her Husband's Elder Brother; if there is but One Elder Brother of her Husband, he receives the whole; if there are several Elder Brothers of the Husband, they all obtain equal Shares.

If there be no Elder Brother of her Husband, it goes to her Husband's Brother's Grandson; if there is but One Husband's Brother's Grandson, he shall receive the whole; if there are several Husband's Brothers Grandsons, they all have equal Shares.

If there be no Husband's Brother's Grandson, it goes to the Husband's Grandfather;  if there be no Grandfather of her Husband, it goers to the Husband's Paternal Uncle; if there is but One Paternal Uncle of her Husband, he shall receive the whole; if there are several Husband's Paternal Uncles, they all shall obtain equal Shares.

If there be no Husband's Paternal Uncle, it goes to her Husband's Paternal Uncle's Son; if there is but One Husband's Paternal Uncle's Son, he shall receive the whole; if there are several Husband's Paternal Uncle's Sons, they shall all obtain equal Shares.

If there be no Husband's Paternal Uncle's Son, it goes to her Husband's Paternal Uncle's Grandson; if there is but One Husband's Paternal Uncle's Grandson, he shall obtain the whole; if there are several Husband's Paternal Uncle's Grandsons, they shall all receive equal Shares.

If there be no Husband's Paternal Uncle's Grandson, it goes to her Husband's Grandfather's Father; if there be no Husband's Grandfather's Father, it goes to her Husband's Grandfather's Brother; if there is but One Brother of her Husband's Grandfather, he receives the whole; if there are several Husband's Grandfather's Brothers, they shall all receive equal Shares.

If there be no Husband's Grandfather's Brother, it goes to her Husband's Grandfather's Brother's Son; if there is but One Husband's Grandfathers Brother's Son, he obtains the whole, if there are several Husband's Grandfather's Brother's Sons, they shall all receive equal Shares.

If there is no Husband's Grandfather's Brothers Son, it goes to her Husband's Grandfather's Brother's Grandson; if there is but One Husband's Grandfather's Brother's Grandson, he receives the whole; if there are several Husband's Grandfather's Brother's Grandsons, they all have equal Shares.

If there be no Husband's Grandfather's Brother's Grandson, it goes to her Husband's Grandson's Grandson; if there is but One Husband's Grandson's Grandson, he obtains the whole; if there are several Husband's Grandson's Grandsons, they all receive equal Shares.

If there be no Husband's Grandson's Grandson, it goes to her Husband's Grandson's Grandson's Son; if there is but One Husband's Grandson's Grandson’s Son, he receives the whole; if there are several Husband's Grandson's Grandson's Sons, they shall all obtain equal Shares.

If there be no Husband's Grandson's Grandson's Son, it goes to the Husband's Grandson's Grandson's Grandson; if there is but One Husband's Grandson's Grandson's Grandson, he shall obtain the whole; if there are several Husband's Grandson's Grandson's Grandsons, they all have equal Shares.

If there be no Husband's Grandson's Grandson's Grandson, it goes to her Husband's Grandfather's Grandfather; if there be no Husband's Grandfather's Grandfather, it goes to her Husband's Grandfather's Father's Brother; if there is but One Husband's Grandfather's Father's Brother, he shall receive the whole; if there are several Husband's Grandfather's Father's Brothers, they shall all obtain equal Shares.

If there be no Husband's Grandfather's Father's Brother, it goes to the Husband's Grandfather's Father's Brother's Son; if there is but One Husband's Grandfather's Father's Brother's Son, he obtains the whole; if there are several Husband's Grandfather's Father's Brother's Sons, they shall all receive equal Shares.

If there be no Husband's Grandfather's Father's Brother's Son, it goes to her Husband's Grandfather's Father's Brother's Grandson; if there is but One Husband's Grandfather's Fathers Brother's Grandson, he shall obtain the whole; if there are several Husband's Grandfather's Father's Brother's Grandsons, they shall all receive equal Shares.

If there be no Husband's Grandfathers Father's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Father; if there be no Husband's Grandfather's Grandfather's Father, it goes to her Husband's Grandfather's Grandfather's Brother; if there is but One Husband's Grandfather's Grandfather's Brother, he takes the whole; if there are several Husband's Grandfather's Grandfather's Brothers, they all receive equal Shares.

If there be no Husband's Grandfather's Grandfather's Brother, it goes to her Husband's Grandfather's Grandfather's Brother's Son; if there be but One Husband's Grandfather's Grandfather's Brother's Son, he receives the whole; if there are several Husband's Grandfather's Grandfather's Brother's Sons, they shall all obtain equal Shares.

If there be no Husband's Grandfather's Grandfather's Brothers Son, it goes to her Husband's Grandfather's Grandfather's Brother's Grandson; if there is but One Husband's Grandfather's Grandfather's Brother's Grandson, he shall obtain the whole; if there are several Husband's Grandfather's Grandfather's Brother's Grandsons, they all shall have equal Shares.

If there be no Husband's Grandfather's Grandfather's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Grandfather; if there be no Husband's Grandfather's Grandfather's Grandfather, it goes to her Husband's Grandfather's Grandfather's Father's Brother; if there is but One Husband's Grandfather's Grandfather's Father's Brother, he shall obtain the whole; if there are several Husband's Grandfather's Grandfather's Father's Brothers, they all receive equal Shares.

If there be no Husband's Grandfather's Grandfather's Father's Brother, it goes to her Husband's Grandfather's Grandfather's Father's Brother's Son; if there is but One Husband's Grandfather's Grandfather's Father's Brother's Son, he shall receive, the whole; if there are several Husband's Grandfather's Grandfather's Father's Brother's Sons, they shall all have equal Shares.

If there be no Husband's Grandfather's Grandfather's Father's Brother's Son,, it goes to the Husband's Grandfather's Grandfather's Father's Brother's Grandson; if there is but One Husband's Grandfather's Grandfather's Father's Brother's Grandson, he obtains the whole; if there are several Husband's Grandfather's Grandfather's Father's Brother's Grandsons, they shall all obtain, equal Shares.

If there be no Husband's Grandfather's Grandfather's Father's Brother's Grandson, it then goes to any One of her Husband's Family who is the next near Relation; if there be no near Relations, it goes to any One of distant Affinity; if there, be none of these also, then the Magistrate shall obtain the Property of the Wife of a Chehteree, a Sooder, or a Bice: And the Property of the Wife of a Bramin goes to the learned Bramins of the Village where she had her Residence; if there are no learned Bramins in the Village, she shall give it to the unlearned Bramins; if also there be no unlearned Bramins there, she shall give it to the Bramins of the Environs.

The Magistrate shall never obtain the Property of a Bramin's Wife

The Property of a Woman (exclusive of what she received during the Ayammi Shadee, and exclusive of what her Father may have given her, before or after Marriage) goes, after her Death, to her unmarried Daughter, and to her Son, in equal Shares; if there is no Son, the Daughter obtains the whole; if there is no Daughter, the Son obtains the whole; if there are several of these, they shall all obtain equal Shares.

If there are none of these, then the Daughter who has borne Children, and the Daughter who will bear Children, shall receive equal Shares; if of these there is only One Daughter, she obtains the whole; if there are several, they all shall possess equal Shares.

If there are none of these, it goes to the Grandson (i.e. Son's Son) if there is but One Grandson, he receives the whole; if there are several Grandsons, they receive equal Shares.

If there is no Grandson, it goes to the Daughter's Son; if there is but One Daughter's Son, he obtains the whole; if there are several Daughter's Sons, they shall all obtain equal Shares.

If there is no Daughter's Son, it goes to the Grandson's Son; if there is but One Grandson's Son, he shall take the whole; if there are several Grandson's Sons, they shall all obtain equal Shares.

If there is no Grandson's Son, it goes to the Husband's Son by another Wife; if there is but One Son of the Husband by another Wife, he shall obtain the whole; if there are several Sons of the Husband by another Wife, they shall receive equal Shares.  

If there is no Son of the Husband by another Wife, it goes to the Grandson  of the Husband by another Wife; if there is but One Grandson by another Wife, he shall obtain the whole; if there are several Grandsons of the Husband by another Wife, they shall all receive equal Shares.

If there is no Grandson of the Husband by another Wife, It goes to the Grandson's Son of the Husband by another Wife; if there is but One Grandson’s  Son of the Husband by another Wife, he takes the whole; if there are several Grandson's Sons of the Husband by another Wife, they shall all receive equal Shares.

If there is no Grandson's Son of the Husband by another Wife, it goes to the barren Daughter, and to the Daughter who is a childless Widow, in equal Shares; if of these there is but One Daughter, she shall obtain the whole; if there are several Daughters, they must take equal Shares.

If there are none of these, then the Property of every Woman who was married according to any One of the Five first Forms of Marriage goes to her Husband; if there is no Husband, to her Brother; if there is but One Brother, he receives the whole; if there are several Brothers, they must take equal Shares.

If there is no Brother, it goes to her Mother; if there is no Mother, it goes to her Father; if there is no Father, then the Property of a Woman who was married according to any One of the Three last Forms of Marriage, goes, after her Death (if there be no Daughter or other Heir within the Limits already before-mentioned) to her Mother; if there is no Mother, to her Father; if there is no Father, it goes to her Husband.

If there be no Husband, then the Property of every Woman who was married according to anyone of the Eight Forms of Marriage goes, after her Death, to her Husband's Younger Brother; if there is but One Younger Brother of her Husband, he shall receive the whole; if there are several Younger Brothers of her Husband, they must take equal Shares.

If there Is no Younger Brother of her Husband, then it goes, in equal Shares, to her Husband's Elder Brother's Son, and to her Husband's Younger Brother's Son; if there is but One Son of her Husband's Elder Brother, or One Son of her Husband's Younger Brother, he shall take the whole; if there are several, they shall all receive equal Shares.

If there is no Son of her Husband's Younger Brother, nor Son of her Husband's Elder Brother, it goes to her Sister's Son; if there is but One Sister's Son, he shall take the whole; if there are several Sister's Sons, they shall all obtain equal Shares.

If there be no Sister's Son, it goes to her Husband's Sister's Son; if there is but One Husband's Sister's Son, he shall take the whole; if there are several Husband's Sister's Sons, they shall all receive equal Shares.

If there be no Husband's Sister's Son, it goes to her Brother's Son; if there is but One Person her Brother's Son, he shall take the whole; if there are several Brother's Sons, they all receive equal Shares.

If there is no Brother's Son, it gees to her Daughter's Husband; if there is but One Daughter's Husband, he shall receive the whole; if there are several Daughter's Husbands, they shall all obtain equal Shares.

If there is no Daughter's Husband, it gees to her Husband's Father; if there is no Husband's Father, it goes to her Husband's Elder Brother; if there is but One Elder Brother of her Husband, he shall take the whole; if there are several Elder Brothers of her Husband, they shall receive equal Shares.

If there is no Elder Brother of her Husband, it goes to her Husband's Brother's Grandson; if there is but One Husband's Brother's Grandson, he shall take the whole; if there are several Husband's Brother's Grandsons, they all have equal Shares.

If there is no Husband's Brother's Grandson, it goes to her Husband's Grandfather;  if there is no Husband's Grandfather, it goes to her Husband's Paternal Uncle;  if there is but One Paternal Uncle of her Husband, he shall receive the whole; if there are several Paternal Uncles of her Husband, they shall take equal Shares.

If there is no Paternal Uncle of her Husband, it goes to her Husband's Paternal Uncle's Son; if there is but One Son of her Husband's Paternal Uncle, he shall receive the whole; if there are several Sons of her Husband's Paternal Uncle, they receive equal Shares.

If there is no Husband's Paternal Uncle's Son, it goes to her Husband's, Paternal Uncle's Grandson; if there is but One Husband's Paternal Uncle's Grandson, he shall take the whole; if there are several Husband's Paternal Uncle's Grandsons, they shall receive equal Shares.

If there is no Husband's Paternal Uncle's Grandson, it goes to her Husband's Grandfather's Father; if there is no Grandfather's Father of her Husband, it goes to her Husband's Grandfather's Brother; if there is but One Brother of her Husband's Grandfather, he shall take the whole; if there are several Brothers of her Husband's Grandfather, they shall receive equal Shares.

If there is no Husband's Grandfather's Brother, it goes to her Husband's Grandfather's Brother's Son; if there is but One Son of her Husband's Grandfather's Brother, he shall take the whole; if there are several Sons of her Husband's Grandfather's Brother, they shall all receive equal Shares.

If there is no Husband's Grandfather's Brother's Son, it goes to her Husband's Grandfather's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Brother, he shall take the whole; if there are several Grandsons of her Husband's Grandfather's Brother, they shall receive equal Shares.

If there is no Husband's Grandfather's Brother's Grandson, it goes to her Husband's Grandson's Grandson; if there is but One Grandson of her Husband's Grandson, he shall take the whole; if there are several of her Husband's Grandson's Grandsons, they shall all receive equal Shares.

If there is no Husband's Grandson's Grandson, it goes to her Husband's Grandson's Grandson's Son; if there is but One Husband's Grandson's Grandson’s Son, he shall take the whole; if there are several Husband's Grandson's Grandson’s Sons, they shall receive equal Shares.

If there be no Husband's Grandson's Grandson's Son, it goes to her Husband's Grandson's Grandson's Grandson; if there is but One Husband's Grandson's Grandson's Grandson, he shall take the whole; if there are several Husband's Grandson's Grandson's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandson's Grandson's Grandson, it goes to her Husband's Grandfather's Grandfather; if there be no Husband's Grandfather's Grandfather, it goes to her Husband's Grandfather's Father's Brother; if there is but One Husband's Grandfather's Father's Brother, he shall take the whole; if there are several Husband's Grandfather's Father's Brothers, they shall all receive equal Shares.

If there is no Husband's Grandfather's Father's Brother, it goes to her Husband's Grandfather's Father's Brother's Son; if there is but One Husband's Grandfather's Father's Brother's Son, he shall take the whole; if there are several Husband's Grandfather's Father's Brother's Sons, they shall receive equal Shares.

If there is no Husband's Grandfather's Father's Brother's Son, it goes to her Husband's Grandfather's Father's Brother's Grandson; if there is but One Husband's Grandfather's Father's Brother's Grandson, he shall receive the whole; if there are several of her Husband's Grandfather's Father's Brother's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandfather's Father's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Father; if there is no Husband's Grandfather's Grandfather's Father, it goes to her Husband's Grandfather's Grandfather's Brother; if there is but One Husband's Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Brothers, they shall all receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother, it goes to her Husband's Grandfather's Grandfather's Brother's Son; if there is but One Son of her Husband's Grandfather's Grandfather's Brother, he shall take the whole; if there are several Sons of her Husband's Grandfather's Grandfather's Brother, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother's Son, it goes to her Husband's Grandfather's Grandfather's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Brother's Grandsons, they all have equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Grandfather; if there is no Husband's Grandfather's Grandfather's Grandfather, it goes to her Husband's Grandfather's Grandfather's Father's Brother; if there is but One Brother of her Husband's Grandfather's Grandfather's Father, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Father's Brothers, they shall all receive equal Shares,

If there is no Husband's Grandfather's Grandfather's Father's Brother, it goes to her Husband's Grandfather's Grandfather's Father's Brother's Son; if there is but One Son of the Husband's Grandfather's Grandfather's Father's Brother, he receives the whole; if there are several of her Husband's Grandfather's Grandfather's Father's Brother's Sons, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Father's Brother's Son, it goes to her Husband's Grandfather's Grandfather's Father's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Grandfather's Father's Brother, he takes the whole; if there are several of her Husband's Grandfather's Grandfather's Father's Brother's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Father's Brother's Grandson, it goes then to any One of her Husband's Family who is the next near Relation; if there be no near Relation, he who is of distant Kindred to her Husband's Family shall obtain it; if there is not any One of these, then the Magistrate shall take the Property of the Wife of a Chehteree, a Sooder, or a Bice: And the Property of a Bramin's Wife shall be given to the learned Bramins of the Village where the said Bramin's Wife lived; if there be no learned Bramins in that Village, the unlearned Bramins of that Village shall obtain it; if also there are no unlearned Bramins in that Village, then it shall be given to the Bramin of the Environs.

The Magistrate shall never obtain the Property of a Bramin's Wife.

Whatever a Father may have given to his Daughter, either before or after her Marriage, such Property, after her Death, even though she hath a Son living, goes to her unmarried Daughter; if there is but One unmarried Daughter, she receives the whole; if there are several unmarried Daughters, they all receive equal Shares.

If an unmarried Daughter, having received her Mother's Effects, afterwards marries, and then dies childless, that Property does not go to her Husband, but her Sisters shall obtain it.

If she dies, leaving a Son, that Son shall obtain from his Mother's Sisters an equal Share with them.

If there is no unmarried Daughter, then it goes to the Daughter who has borne Children, and the Daughter who will bear Children, in equal Shares; if of these there is but One Daughter, she shall take the whole, if there are several, they shall have equal Shares.

If there are none of these, then it goes, in equal Shares, to the Daughter who is barren, and to the Daughter who is a childless Widow; if there is but One barren Daughter, or childless Widow, she shall take the whole; if there are several, they shall obtain equal Shares.

If there is no Daughter who is barren, or a childless Widow, it goes to her Son; if there is but One Son, he shall obtain the whole; if there are several Sons, they shall have equal Shares.

If there is no Son, it goes to the Daughter's Son; if there is but One Daughter's Son, he shall take the whole; if there are several Daughter's Sons, they shall receive equal Shares.

If there is no Daughter's Son, it goes to the Grandson; if there is but One Grandson, he shall take the whole; if there are several Grandsons, they shall receive equal Shares.

If there is no Grandson, it goes to the Grandson's Son; if there is but One Grandson's Son, he shall take the whole; if there are several Grandson's Sons, they shall receive equal Shares.

If there is no Grandson's Son, it goes to her Husband's Son by another Wife; if there is but One Son of her Husband by another Wife, he shall take the whole; if there are several Sons of her Husband by another Wife, they shall receive equal Shares.

If there is no Son of her Husband by another Wife, it goes to her Husband's Grandson by another Wife; if there is but One Grandson of the Husband by another Wife, he shall take the whole; if there are several Grandsons of her Husband by another Wife, they shall receive equal Shares.

If there is no Grandson of her Husband by another Wife, it goes to the Grandson's Son of her Husband by another Wife; if there is but One Grandson’s Son of her Husband by another Wife, he shall take the whole; if there are several Grandson's Sons of the Husband by another Wife, they all have equal Shares.

If there is no Grandson's Son of her Husband by another Wife, then the Property of every Woman who was married after any One of the first Five Forms of Marriage goes, after her Death, to her Husband.

If there is no Husband, it goes to her Brother; if there is but One Brother, he shall take the whole; if there are several Brothers, they shall receive equal Shares.

If there is no Brother, it goes to the Mother; if there is no Mother, it goes to the Father; if there is no Father, then the Property of every Woman who was married according to any One of the Three last Forms of Marriage goes, after her Death (if there is no Grandson's Son of her Husband by another Wife) to her Mother; if there is no Mother, it goes to her Father; if there is no Father, it goes to her Husband.

If there is no Husband, then the Property of a Woman who was married according to anyone of the Eight Forms of Marriage goes, after her Death, to her Husband's Younger Brother; if there is but One Younger Brother of her Husband, he shall take the whole; if there are several Younger Brothers of her Husband, they shall receive equal Shares.

If there is no Younger Brother of her Husband, it goes, in equal Shares, to her Husband's Younger Brother's Son, and to her Husband's Elder Brother's Son; if there is but One of these, he shall take the whole Property; if there are more than One, they shall obtain equal Shares.

If there is no Husband's Elder Brother's Son, and no Husband's Younger Brother's Son, it goes to her Sister's Son; if there is but One Sister's Son, he shall take the whole; if there are several Sister's Sons, they shall receive equal Shares.

If there is no Sister's Son, it goes to her Husband's Sister's Son; if there is but One Husband's Sister's Son, he shall take the whole; if there are several Husband's Sister's Sons, they shall all receive equal Shares.

If there is no Husband's Sister's Son, it goes to her Brother's Son; if there is but One Brother's Son, he shall take the whole; if there are several Brother's Sons, they shall receive equal Shares.

If there is no Brother's Son, it goes to her Daughter's Husband; if there is but One Daughter's Husband, he shall take the whole; if there are several Daughter's Husbands, they shall obtain equal Shares.

If there is no Daughter's Husband, it goes to her Husband's Father; if there is no Husband's Father, it goes to her Husband's Elder Brother; if there is but One Elder Brother of her Husband, he shall take the whole; if there are several Elder Brothers of her Husband, they shall receive equal Shares.

If there is no Elder Brother of her Husband, it goes to her Husband's Brother's Grandson; if there is but One Husband's Brother's Grandson, he shall take the whole; if there are several of her Husband's Brother's Grandsons, they shall receive equal Shares.

If there is no Husband's Brother's Grandson, it goes to her Husband's Grandfather; if there is no Husband's Grandfather, it goes to her Husband's Paternal Uncle; if there is but One Paternal Uncle of her Husband, he shall take the whole; if there are several of her Husband's Paternal Uncles, they shall receive equal Shares.

If there is no Husband's Paternal Uncle, it goes to her Husband's Paternal Uncle's Son; if there is but One Son of her Husband's Paternal Uncle, he shall receive the whole; if there are several of her Husband's Paternal Uncle's Sons, they all have equal Shares.

If there is no Husband's Paternal Uncle's Son, it goes to her Husband's Paternal Uncle's Grandson; if there is but One Grandson of her Husband's Paternal Uncle, he shall take the whole; if there are several of her Husband's Paternal Uncle's Grandsons, they shall all receive equal Shares.

If there is no Husband's Paternal Uncle's Grandson, it goes to her Husband's Grandfather's Father; if there is no Husband's Grandfather's Father, it goes to her Husband's Grandfather's Brother; if there is but One Brother of her Husband's Grandfather, he shall take the whole; if there are several of her Husband's Grandfather's Brothers, they shall receive equal Shares.

If there is no Husband's Grandfather's Brother, it goes to her Husband's Grandfather's Brother's Son; if there is but One Son of her Husband's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Brother's Sons, they shall receive equal Shares.

If there is no Husband's Grandfather's Brother's Son, it goes to her Husband's Grandfather's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Brother's Grandsons, they shall all receive equal Shares.

If there is no Husband's Grandfather's Brother's Grandson, it goes to her Husband's Grandson's Grandson; if there is but One Grandson of her Husband's Grandson, he shall take the whole; if there are several of her Husband's Grandson's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandson's Grandson, it goes to her Husband's Grandson's Grandson's Son; if there is but One Husband's Grandson's Grandson’s Son, he shall take the whole; if there are several Husband's Grandson's Grandson's Sons, they shall receive equal Shares.  

If there is no Husband's Grandson's Grandson's Son, it goes to her Husband's Grandson's Grandson's Grandson; if there is but One Grandson of her Husband's Grandson's Grandson, he shall take the whole; if there are several of her Husband's Grandson's Grandson's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandson's Grandson's Grandson, it goes to her Husband's Grandfather's Grandfather; if there be no Husband's Grandfather's Grandfather, it goes to her Husband's Grandfather's Father's Brother; if there is but One Brother of her Husband's Grandfather's Father, he takes the whole; if there are several of her Husband's Grandfather's Father's Brothers, they all receive equal Shares.

If there is no Brother of her Husband's Grandfather's Father, it goes to her Husband's Grandfather's Father's Brother's Son; if there is but One Son of her Husband's Grandfather's Father's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Father's Brother's Sons, they shall have equal Shares.

If there is no Husband's Grandfather's Father's Brother's Son, it goes to her Husband's Grandfather's Father's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Father's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Father's Brother's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandfather's Father's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Father; if there is no Husband's Grandfather's Grandfather's Father, it goes to her Husband's Grandfather's Grandfather's Brother; if there is but One Brother of her Husband's Grandfather's Grandfather, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Brothers, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother, it goes to her Husband's Grandfather's Grandfather's Brother's Son; if there is but One Son of her Husband's Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Brother's Sons, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother's Son, it goes to her Husband's Grandfather's Grandfather's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Brother's Grandsons, they all shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Grandfather; if there is no Husband's Grandfather's Grandfather's Grandfather, it goes to her Husband's Grandfather's Grandfather's Father's Brother; if there is but One Brother of her Husband's Grandfather's Grandfather's Father, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Father's Brothers, they shall receive equal Shares.

If there be no Husband's Grandfather's Grandfather's Father's Brother, it goes to her Husband's Grandfather's Grandfather's Father's Brother's Son; if there is but One Son of her Husband's Grandfather's Grandfather's Father's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Father's Brother's Sons, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Father's Brother's Son, it goes to her Husband's Grandfather's Grandfather's Father's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Grandfather's Father's Brother, he shall take the whole; if there are several Grandsons of her Husband's Grandfather's Grandfather's Father's Brother, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Father's Brother's Grandson, it then goes to any One of her Husband's Family who is the next near Relation; if there is no near Relation, it goes to One of distant Affinity.

If there is not any One of these, then the Magistrate shall obtain the Effects of the Wife of a Chehteree, a Sooder, or a Bice: And the Property of the Wife of a Bramin goes to the learned Bramins of the Village where that Bramin had his Residence; if there is no learned Bramin, the unlearned Bramins of that Village shall obtain it; if there are none of these also, then the Bramins of the Environs shall obtain it.

The Magistrate mill never assume the Property of the Wife of a Bramin.

Of Inheriting from an unmarried Girl.

When an unmarried Girl dies, her Property gees to her Brother by the same Parents; if there is but One Brother by the same Parents, he shall take the whole; if there are several Brothers by the same Parents, they shall all receive equal Shares.

If there is no Brother by the same Parents, it goes to her Mother; if there is no Mother, it goes to her Father; if there is no Father, it goes to her Brother by a different Mother; if there is no Brother by a different Mother, it goes to the Son of her Brother by the same Parents; if there is no Son of her Brother by the same Parents, it goes to the Son of her Brother by a different Mother.

If there is no Son of her Brother by a different Mother, it goes to her Brother's Grandson; if there is but One Brother's Grandson, he shall take the whole; if there are several of her Brother's Grandsons, they shall receive equal Shares.

If there is no Brother's Grandson, it goes to her Grandfather (i.e. Father's Father) if there is no Grandfather, it goes to her Paternal Uncle; if there is but One Paternal Uncle, he shall take the whole; if there are several Paternal Uncles, they shall receive equal Shares.

If there is no Paternal Uncle, it goes to the Paternal Uncle's Son; if there is but One Paternal Uncle's Son, he shall take the whole; if there are several Paternal Uncle's Sons, they shall receive equal Shares.

If there is no Paternal Uncle's Son, it goes to her Paternal Uncle's Grandson; if there is but One Paternal Uncle's Grandson, he shall take the whole; if there are several Paternal Uncle's Grandsons, they shall receive equal Shares.

If there is no Paternal Uncle's Grandson, it goes to her Grandfather's Father; if there is no Grandfather's Father, it goes to her Grandfather's Brother; if there is but One Brother of her Grandfather, he shall take the whole; if there are several of her Grandfather's Brothers, they shall receive equal Shares.

If there is no Grandfather's Brother, it goes to her Grandfather's Brother's Son; if there is but One Son of her Grandfather's Brother, he shall take the whole; if there are several of her Grandfather's Brother's Sons, they shall receive equal Shares.

If there is no Grandfather's Brother's Son, it goes to her Grandfather's Brother’s Grandson; if there is but One Grandson of her Grandfather's Brother, he shall take the whole; if there are several of her Grandfather's Brother's Grandsons, they shall receive equal Shares.

If there is no Grandfather's Brother's Grandson, it goes to her Grandfather's Grandfather; if there is no Grandfather's Grandfather, it goes to her Grandfather's Father's Brother; if there is but One Brother of her Grandfather's Father, he shall take the whole; if there are several of her Grandfather's Father's Brothers, they shall receive equal Shares.

If there is no Grandfather's Father's Brother, it goes to her Grandfather's Father's Brother's Son; if there is but One Son of her Grandfather's Father's Brother, he shall take the whole; if there are several of her Grandfather's Father's Brother's Sons, they shall receive equal Shares.  

If there is no Grandfather's Father's Brother's Son, it goes to her Grandfather's  Father's Brothers Grandson; if there is but One Grandson of her Grandfather's Father's Brother, he shall take the whole; if there are several of Grandfather's Father's Brother's Grandsons, they shall have equal Shares.

If there is no Grandfather's Father's Brother's Grandson, it goes to her Grandfather's Grandfather's Father; if there is no Grandfather's Grandfather's Father, it goes to her Grandfather's Grandfather's Brother; if there is but One Brother of her Grandfather's Grandfather, he shall take the whole; if there are several of her Grandfather's Grandfather's Brothers, they shall receive equal Shares.

If there is no Grandfather's Grandfather's Brother, it goes to her Grandfather's Grandfather's Brother's Son; if there is but One Son of her Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Grandfather's Grandfather's Brother's Sons, they shall have equal Shares.

If there is no Grandfather's Grandfather's Brother's Son, it goes to her Grandfather's Grandfather's Brother's Grandson; if there is but One Grandson of her Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Grandfather's Grandfather's Brother's Grandsons, they shall receive equal Shares.

If there is no Grandfather's Grandfather's Brother's Grandson, it goes to her Grandfather's Grandfather's Grandfather; if there is no Grandfather's Grandfather's Grandfather, it goes to her Grandfather's Grandfather's Father's Brother; if there is but One Brother of her Grandfather's Grandfather's Father, he shall take the whole; if there are several of her Grandfather's Grandfather's Father's Brothers, they shall receive equal Shares.

If there is no Grandfather's Grandfather's Father's Brother, it goes to her Grandfather's Grandfather's Father's Brother's Son; if there is but One Son of her Grandfather's Grandfather's Father's Brother, he shall take the whole; if there are several of her Grandfather's Grandfather's Father's Brother's Sons, they shall receive equal Shares.

If there is no Grandfather's Grandfather's Father's Brother's Son, it goes to her Grandfather's Grandfather's Father's Brother's Grandson; if there is but One Grandson of her Grandfather's Grandfather's Father's Brother, he shall take the whole; if there are several of her Grandfather's Grandfather's Father's Brother's Grandsons, they shall receive equal Shares.

If there is no Grandfather's Grandfather's Father's Brother's Grandson, it then goes to any One of the Family of the aforesaid Girl's Father who is the next near Relation; if there is no near Relation, then One of distant Kindred shall obtain it.

If also there is no distant Relation, then the Magistrate shall assume the Effects of the unmarried Daughter of a Chehteree, a Sooder, and a Bice: And the Property of the unmarried Daughter of a Bramin shall be given to the learned Bramins of the Village where the aforesaid Daughter had her Residence.

If there is no learned Bramin in that Village, it shall be given to the unlearned Bramins of that Village.

If there are no unlearned Bramins also, it shall be given to the Bramins of the environs of that Village.

The Magistrate shall never assume the Property of the unmarried Daughter of a Bramin.

If, during the Life-time of a Girl deceased, any Person had entered into an Engagement to marry her, and that Person, or the Mother and Father of that Person had made that Girl any Present, that Gift shall revert again to the aforesaid Person.

If, after Agreement to marry a Daughter to a particular Person, that Daughter be given in Marriage to another Person, then whatever Present, either in Money or other Articles, the Person first mentioned, or his Mother and Father, had given to the Girl, or whatever Gift any other of that Person's Family had presented, on Account of the intended Marriage, such Money and other Articles shall again revert to the Person aforesaid.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat Apr 17, 2021 7:19 am

Part 3 of 3

SECT. V. Of Persons incapable of Inheritance.

Whoever is born an Eunuch; whoever is expelled from his Tribe, his Relations and Kindred, for commission of any Crimes; whoever is born Blind; whoever is Deaf from his Mother's Womb; whoever is an Idiot; whoever cannot distinguish between Good and Evil; whoever has no Principle of Religion; whoever is Dumb; whoever is born without Hand, or Foot, or Nose or Tongue, or Privy Member, or Fundament; whoever strikes and beats his own Father, or who, after his Father's Death, performs not the Seradeh (religious Offices to his Father's Memory) whoever is of such a general ill Behaviour, as that his Relations and Partners refuse to eat or drink with him, and who lives in constant commission of those Actions which are forbidden to his particular Tribe by the Beids; whoever is so incurably ordered, as that no Remedies have any Effect on him, and who, on Account of his Disorder, is never able to perform the Seradeh, the Poojeh, and other religious Duties of this Kind; whoever is afflicted with a scrofulous Leprosy, or a Leprosy breaking out in Boils, with a perpetual Discharge of Blood and Matter; Men afflicted with these Disorders, even after Perashchut (or Recovery), shall remain incapable of Inheritance: And also, whoever wears the Disguise of a Berhemchurry, or a Sinassee, and so gains a Livelihood in a fraudulent Manner; whoever is seized with a Gansee Jikkheh, or a Consumption, in which he brings up Blood mingled with Phlegm; whoever has professed himself a Sinassee; whoever procures his Subsistence by an unwarrantable Business or Profession; all or any of these Circumstances, here specified, incapacitate a Man for Inheritance.

But whoever shall supersede these Persons, in the Inheritance of bequeathed Property, must allow them Victuals and Cloathing; nevertheless the Man who has been expelled from his Tribe shall receive Nothing.

If the Sons of these People be totally free from all the Objections which have been dated above, they shall receive their Share of the Property left for Inheritance; nevertheless the Son of the Man expelled from his Tribe, who was born after such Expulsion, shall not receive any Share.

If there are unmarried Daughters of any of these, such Daughters shall be maintained in Victuals and Cloathing, until their Marriage.

And also to the Wives of these (if there are not unchaste) shall be allowed Victuals and Cloaths.

SECT. VI. Of Property liable to Division.

Of the Property of a Grandfather and a Father; and of such Property as arises from a Partnership Concern, and of whatever is given by a Relation of equal Affinity, indiscriminately, that is, without specifying the Name of any particular Person; as also of such Gains as arise from the Joint Labour and united Efforts of Two, Four, &c. Persons.

All such Property is liable to Division.

When Two or more Persons are Co-Heirs, if any Gain is made upon the Common Stock, then the Persons, by whose Labour or prudent Management such Gain was produced, shall each receive a double Share; those who did not join in the Plan or Execution of the Business shall each receive a single Share.

According to the Ordinations of Sirree Kishen Terkalungkar, and Gopaul Punchanun.

When Two, Four or more Persons are Partners, and One or Two of those Partners acquire any Profit, each Partner shall receive a Share of it, proportionable to his Property in the Joint Stock; and those who gained this Profit shall first divide the whole of it into equal Shares, and each take a single Share; and then receive a Part of what remains, proportionable to their Share in the Common Stock.

According to the Ordination of Sewarteh Behtacharige, and Jeimoot Bahun, and this Ordination is approved (or rather is customary in this Kingdom.)

If the Property of a Partnership belongs wholly to One of the Partners, and the other Parmer performs all the Labour of the Business, and makes a Profit upon that Property, such Profit shall be divided equally between them.

If One Partner both risks his Property and takes also his Share of the Labour of Business, and another Partner, without risking his own Property, takes only his Share of the Trouble and Management of Affairs, then he who advanced his Property, and exerted his Efforts, shall receive a double Share; he who only contributed his Efforts shall receive a single Share.

If a Man, without any Advance of Property, should, by his own mere Diligence and Efforts, acquire any Profit, his Partners shall receive no Share of it.

SECT. VII. Of Dividing Property earned by the Science of the Shaster, by the Art of Painting, Architecture, or other Arts of that Kind, on which a Profit may be gained.

If any Person, without Employment of any Stock in Partnership, by his own Efforts, in the Exertion of any Art, should acquire any Profit, then, whichever of his Partners by Affinity hath a greater or equal Share of Knowledge with himself, he shall give to each of such Partners a single Share, and he shall appropriate a double Share to himself; and whichever of them has less Knowledge than he, or is wholly without Skill in any Art, shall not receive a Share.

If any Person, who hath learnt any Art from his Father, his Grandfather, his Paternal Uncle, his Brother, or any Person in his own Family, should acquire any Profit by that Art, then whoever of the Family is totally unskilled in any Art, or hath less Knowledge than he, shall receive a single Share each; and whoever works for his own Subsistence shall take a double Share.

If One Person hath quitted his Partners by Affinity, for the Purpose of learning any Art, and another Person of the Family, unskilled in any Art, expends Part of his Property, in supporting the immediate Dependants of the Absentee, then he who went away, to improve himself in any Art, shall take to himself a double Share of any Profit he may gain by that Art, and shall give a single Share of it to the Person who supported his Dependants in his Absence; if those Dependants were supported from the Joint Stock, he shall not give any Thing.

If a Person learns any Art from a Stranger, and also receives Victuals and Cloaths from him, his Partners by Affinity shall not receive any Share of the Profits he may gain by that Art.

SECT. VIII. Of Dividing Property earned by a Man's Sons.

If any Man acquires a Profit, upon employing his Father's or Grandfather's Property, he shall give the Half of all his Gains to his Father; and if he hath not any Brothers, he shall take the other Half himself; if he hath Brothers, he shall take to himself a double Share of the remaining Half, and shall give a single Share to each of his Brothers.

If any Person, without any Advance of Property, should raise any Profit he shall give the Half of it to his Father, and shall take to himself the other Half: His Partners by Affinity shall not receive any Share of it.

If any Person, upon employing his Brother's Property, should acquire any Profit, of the whole of such Profit, he shall give One Half to his Father, if his Father be a Man of Knowledge and Skill; and of the remaining Half, he who raised the Profit shall receive a double Share; and he whose Property was employed shall receive a single Share; and those who employed no Property shall not receive any Thing: If the Father be not a Man of Knowledge or Skill, he shall receive a double Share; and he who made the Profit shall also receive a double Share; and the Man whose Property was employed shall receive a single Share.

SECT. IX. Of Possessions Indivisible

If a Man by Victory in War has made any Prize, it shall not be liable to be shared.

If a Man has received any Thing in the House of his Wife's Father, no Share of it shall appertain to his Partners (or Relations.)

If a Man's Father or Mother, out of particular Kindness, hath given him any Thing, no Share of it shall appertain to his Partners (or Relations.)

If a Person, without Employment of the Joint Stock, and without equal Labour on the Side of his Partners (and exclusive of what a Relation of equal Affinity may have given him) should acquire any Profit, it is not liable to be shared by his Partners.

If a Father gives, by his own Choice, Land, Houses. Orchards, and the Earnings of his own industry, to One of his Sons, the other Sons shall not receive any Share of it.

Every Man shall take of the Water of a Pool, or of a Well, according to his Necessity: No Account is to be had of a greater or lesser Share in this Article.

Exclusive of Glebe Land, if any other Property of a Father, or Grandfather, be not occupied, and One of the Partners by Affinity, without employing the Joint Stock, and exclusive of the Labour or Efforts of the other Partners, by Permission also of the other Partners, entered upon such Property, it shall not be divided into Shares; if, in the same Manner, by Permission of the Partners, One of them occupies any Glebe Land of his Father and Grandfather, then he shall divide such Glebe into Four Shares; and from thence he shall first take to himself One Share, and afterwards divide the Three remaining Shares equally between himself and his Partners.

In a Partnership of Affinity, the Wearing-Apparel of each Partner, all the Necessaries of his Sewarree (or travelling Equipage) the Ornaments worn about his Person, the Vessels and Dishes for Meat and Drink, that are in immediate Use, and the Slave Girl, whom he has the first destined for his Haram, exclusive of other Girls, and also the Carpets and Mats for sitting and sleeping, that are in constant Service, of these Things, if One Man expends a lesser and another a larger Quantity, no Account shall be had of such greater or lesser Shares; and if, of these Things, there are not more in the House than One for each Person, they shall all receive equal Shares.

The Place of Poojeh, that is of Worship, and the Place of Jugg, which has already been explained under the Article of Jugg, in the Section of a Woman's Property, is not liable to be shared: As also the Tagur, or Idol of Adoration, is not liable to Division.

The Space of Ground occupied by the House-Drain, the Path left for the Passage of the Cattle, and the Path of the Great Gate of the House, are not liable to Division.

Whatever is immediately necessary to any Person is not liable to be shared: As for Instance, when Two, Four, &c. Persons are Partners, One of them hires himself as a Servant, another becomes a Pundit, another a Painter, and, in this Manner, they all exercise different Professions, then each of them shall take of what may be in the House, according to the Occasions of his own Profession; if there is but One Article, they shall all take equal Shares of it; but if that Article be any Instrument belonging to the Calling exercised by any One of them, that Person shall take it, and shall give all his Partners their Proportion of the Price of it.

If, during the Life-time of a Father, all his Sons, either by Order of their Father, or even without Prohibition from their Father, make for themselves Houses and Gardens upon their Father's Land, if the Land so taken be in greater or lesser Quantities, it is not liable to be shared; but if among these some have made, and some have not made, Houses and Gardens, then it shall be divided into equal Shares.

SECT. X. Of a Father s Dividing among his Sons the Property earned by himself.

If a Father divides among his Sons the Property earned by himself, he shall give it according to his own Choice; if it is not the Father's Choice, his Sons shall not have Authority to force him to such a Division.

If a Father gives to his Sons, by his own Choice, a small Share of the Property earned by his own Industry, and keeps a larger Portion to himself, he has the Power; also if, after expending what he reserved for himself, he requires Food and Cloaths from his Sons, he shall have Power to take it.

If a Father divides among his Sons the Property earned by himself, he shall divide it among all his Sons, by equal Shares; but if any One of the Sons hath been particularly dutiful to his Father, or hath a very large Family, or is incapable of getting his own Living, upon these Three Accounts, if he gives a larger Share to such Sons than to the rest, he has Authority for so doing.

If a Father, instigated by Resentment, or by a particular Fondness for the Mother of any One of his Sons, or by the Influence of any Fit of Sickness, divides the Property acquired by himself unequally among his Sons, such Division is not approved.

If all the Sons go at once in a Body to their Father, jointly requesting their respective Shares of his Fortune, in that Case, the Father shall give equal Shares of the Property earned by himself to the Son incapable of getting his own Living; to the Son who hath been particularly dutiful to him, and to the Son who hath a very large Family, and also to the other Sons who do not lie under any of these Three Circumstances, in this Case, he shall not have Power to give to any One of them more or less than to the others.

If a Father has occupied any Glebe belonging to his Father, that was not before occupied, he shall not have Power to divide it among his Sons in unequal Shares, as in the Case of Property earned by himself.

SECT. XI. Of a Father's Dividing among his Sons the Property left by his Father and Grandfather.

If a Father desires to divide among his Sons the Property of his Father and Grandfather, whenever he altogether despairs of having a Son by any One of his Wives, he may divide and give it to them at his own Choice; if he has Hope of a Son from any One Wife, he has not Authority to divide it.

If it be not the Father's Choice, the Sons have no Authority to take from him by Force their respective Shares of their Ancestors Property; even if there is no Expectation that their Father shall ever have another Son, still they have not Authority to take it.

If a Father, by his own Choice, divides among his Sons the Property of his Father and Grandfather, he shall take to himself a double Share, and shall give a single Share to each of his Sons.

If a Father divides among his Sons the Glebe, Orchards, Houses, Rents, Slave Girls, and Slaves of his Father and Ancestors, to the Son who hath a large Family, to the Son who is incapable of getting his own Living, to the Son who hath been particularly dutiful to his Father, and to all his other Sons, he shall give it in equal Shares; he hath no Authority to give to some more, to others less; and these Things also he hath no Power to sell, or to give away, without the Consent of his Sons.

A Father shall not so give away, or sell the Effects and Glebe belonging to himself, or to his Father and Ancestors, as that his immediate Dependants should be distressed for Want of Victuals or Cloathing; if, reserving so much as may be necessary for the immediate Food and Cloaths of his Dependants, he should sell, or give away the rest of the Property, he has Authority so to sell and give away.

If a Father, exclusive of the Glebe, the Rents, the Slave Girls, and the Slaves of his Father and Ancestors, divides the rest of their Property among his Sons, then, in the same Manner as the Property earned by himself, in giving a Share to the Son who hath the large Family, to the Son who cannot get his own Living, and to the Son who hath been particularly dutiful, he has Power to give them a larger or a smaller Share; if all the Sons in a Body desire their respective Shares, then there shall be no One Share, greater or less than another.

If a Father, at the Time of dividing the Property gained by himself, or that of his Father and Ancestors, among his Sons, parts the whole into Twenty equal Shares, and from thence gives One Share to his Eldest Son, he has Authority to do so; and he shall then divide the other Nineteen Parts equally between his Eldest and his other Sons.

If a Man, of the Tribe of Sooder, of his own Choice, gives an equal Share of his Property to the Son born of a Concubine, and to the Son born of a Wife, he has Power to do it.

If a Father should die without having divided his Property, then, whatever Share the Son born of a Wife may receive, the Son born of the Concubine shall receive Half as much.

If there is no Son born of the Wife, nor Grandson, nor Grandson's Son, nor Wife, nor Daughters, nor Daughter's Son, then the Son born of the Concubine shall receive the whole Property.

If there is a Daughter's Son, he shall take an equal Share.

Whenever a Person gives a Share to his Sons, equal with the Share assumed by himself, to his Wife who hath neither Son, nor Grandson, nor Grandson's Son, and to whom hath been given nought of those Things which constitute a Woman's Property, he shall give One Share, at the Computation of the Share of One Son; if any of those Things that constitute a Woman's Property hath been given to the Wife, he shall give her at the Computation of Half the Share of One Son.

If he hath given a small Share to his Sons, and hath reserved a larger Part for himself, he shall then, from his own Share, give to the Wife above described One Share; at the Computation or Rate of the Share of One Son.

If a Father, being separated from his Sons, hath divided his Property among them, according to the Ordinations of the Shaster, and he also taking his own Share, according to the Shaster, returns no more to live with his Sons, afterwards if he should have another Son by the same Mother, this Son shall receive his Father's Share, and also whatever Acquisition of Property his Father may have made after such Separation.

If several Sons are born after this Separation, they shall all receive equal Shares; and these Sons shall pay whatever Debts their Father may have contracted after such Separation.

The Sons who were first separated from their Father shall not receive this latter Property, neither shall they pay their Father's Debts; and also the Son who was born after the Separation shall not receive from them any Share of the original Property.
 
This Ordination concerns solely the Property immediately acquired by the Father.

If a Father divides the Property of his Father and Grandfather among his Sons, according to the Shaster; as for Instance, he takes to himself a double Share, and gives a single Share to each of his Sons, afterwards another Son is born, then that Son shall receive from his Brothers an equal Share of the Property that was divided, and shall also receive, upon his Father's Death, an equal Share of that Part of the Property which remained in his Father's Possession upon Division.

When a Father separates from his Sons, and gives to them their respective Shares of his Property, and also takes to himself his own Share, if at that time the Mother of those Sons be big with Child, the Son born after this Separation shall receive an equal Share from the Sons who are separated; and they shall all receive equal Shares of all that may be their Father's Property; and they shall all contribute to pay any Debts which the Father may have contracted.

SECT. XII. Of Sons Dividing the Property left by their Father.

If a Man, having a Wife, and Sons born from that Wife, dies, or renounces the World, or gives up all his Effects, or is expelled from his Tribe and Relations, so long as that Wife lives, it is not a right and decent Custom, that those Sons should share, and receive among themselves the Property left by that Person; if the Wife aforesaid gives them Instructions accordingly, then the Sons have Authority to divide it: At the Time of Division, if the Wife is desirous to receive a Share, she shall take One Share, at the Rate of the Share of One Son; if she does not wish to have a Share, she shall receive Victuals and Cloaths.

If a Man hath given to his Wife, or if the Father of that Man hath given to the Wife, ought of those Things that constitute a Woman's Property, then the Sons of that Person, at the Time of sharing his Property, shall give to their Mother, at the Computation of Half the Share of One Person; and to any other Wife of their Father, having neither Son, nor Grandson, nor Grandson’s Son, they shall not give a Share, but shall give her Victuals and Cloaths.

This Ordination is according to Sewarteh Behtacharige, and Sirree KishenTerkalungkar, and Jeimoot Bihun, and is approved (or customary in this Kingdom.)

The Father's Wife, having neither Son, nor Grandson, nor Grandson's Son, shall receive an equal Share with that of the Son, according to the Ordinations of the Pundits of Methilla.

If all the Brothers of One Family, by their own Choice, live together, then the Elder Brother, taking upon himself the Command of the Family, shall, in Manner of a Father, lend his Assistance towards the Support and Education of his Younger Brothers; and the Younger Brothers also, considering their Elder Brother in the Light of a Father and Patron, shall demean themselves conformably to his Pleasure.

If the Elder Brother is unfit for the Management of Affairs, then whichever of the Brothers is most capable shall take the Burden of them all upon himself, and shall govern the Family.

To live together is the Result of the general Consent of all the Partners, and to separate arises from the Inclination of any One of them, therefore, if, in consequence of the Inclination of One among them, they separate and divide their Stock, the Share of any Person who is Absent, and the Share of him who is a Child, shall be reserved for them, in some safe Place, that it may not be lost or diminished.

If all the Brothers, by their own Choice, selecting the Twentieth Part of Property above-mentioned, before the general Division, present it to their Elder Brother, and then share equally the remaining Nineteen Parts between the aforesaid Elder Brother and the Younger Brothers, it may be done; if it be not the Choice of all the Brothers, and the Elder Brother makes demand of this Twentieth Part, he shall not have Power to take it.

If any Member of a Partnership by Affinity gives up his Share, by his own Choice, and leaves his Partners, then the Partners aforesaid, for the Sake of hindering all future Disputes, that none of his Heirs might, at any distant Period make any Demand, shall give something to that Person, and take from him a written Acknowledgment.

At the Time that Partners by Affinity take their respective Shares of Property bequeathed them, it is necessary, that they discharge the Debts of the Man whose Estate they inherit; if they are unable to pay the Debts, they shall pacify the Creditor, and, taking their Share of the Property, give a Promise to pay the Debts hereafter, and shall pay accordingly, sooner or later, according to their Shares; and if the Deceased had intended to give ought to any Person, they shall give that also, upon their assuming their Shares of the Property left to them.

Among Partners, if One Person has a very large Family, and the others have but small Families, then the Men of small Families, at the Time of sharing the Property, shall not have Liberty to speak to the Man of large Family, upon Account of the larger Quantity of Victuals and Cloaths expended, during the Time of their living together, but shall receive, in equal Shares, whatever is there collected.

If a Brother, or an unmarried Sister, hath not yet performed the Ceremony of having the Ears bored, or of assuming the Braminical Thread, or of first tasting Salt, and the other Partners have all gone through these Duties, then the Partners, at the Time of dividing their Effects, shall give to these (exclusive of their Shares) whatever is necessary for the Expence of these Ceremonies, according to their Abilities, and shall then divide, in equal Shares, the rest of the Property, if the whole Property is not sufficient to answer the Expence of these Ceremonies, then the Partners above-mentioned shall respectively Use their Endeavours, to acquire Sufficiency for the Performance of these Duties.

If a Grandfather dies, not leaving a Son, and the Grandson makes Division of his Effects, then the Wives of the Grandfather, if they take their Share of what he left, shall receive equal Shares with the Grandson.

If they do not take their respective Shares, the Grandson shall give them Victuals and Cloaths; if those Wives have received what hath been described to be a Woman's Property, they shall receive a Share, at the Computation of Half the Share of the Grandson.  

SECT. XIII. Of Dividing the joint Stock of Persons, who agree to live together, after the Original Dispersion and Separation of the Family.

When a Man, after Separation, resumes again, upon a friendly Footing, his Connexion with his Father, his Brother, or his Paternal Uncle, and an Agreement is made between them, that, "My Property is yours, and your Property is mine," and this Agreement also, on both Sides, is made with upright Intentions, it is called Sungsersut-heh.

The Meaning of Sungsersut-heh is when, after a Separation, a fresh Connexion takes place.

Exclusive of those Persons above-mentioned, if a Man resumes his Connexion with any other Person, such Circumstance is not called Sungsersut-heh.

This is according to the Ordination of Jeimoot Bahun, and Sewarteh Behtacharige, and is approved (or customary.)

But the Pundits of Methilla say, that when a Person, after Separation from any Relation whatever, resumes his Connexion with him, such a Circumstance is called Sungsersut-heh.

If Two or more Brothers, after Separation, resume again their Connexion, and then separate the Second Time, they shall receive equal Shares of their Joint Effects.

If a Man, after Separation, resuming his former Connexion, hath in the mean Time acquired any Profit, by Dint of Science and Industry, or by Painting, or any other Art, from that Profit, he shall take to himself a double Share, and shall give to each of his Partners a single Share.

If a Father, after Separation from his Sons, resumes his Connexion with One or more of those Sons, and, after that Separation, the Father should beget another Son, then the Sons who, after Separation, resumed their Connexion, and every Son who was born after that Separation, after the Death of their Father, shall receive equal Shares, and shall, in equal Proportions, discharge the Father's Debts.

All those Sons, who resumed not their Connexion with their Father, have no Concern, either with the Effects of their Father or with the Payment of his Debts.

If a Father, after Separation from his Sons, resumes his Connexion with One or more of those Sons, and, after that Separation, the Father should beget another Son, if the Father, after such Separation, without the Efforts of his Sons, and without Employment of the Common stock, should acquire any Property, that Property, after the Death of the Father, shall be received by whatever Son was born after such Separation; and the others, who again resume their Connexion, shall not receive it.

If the Father, by Employment of the Common Stock, and by the Efforts and Labour of his Sons acquires any Property, it shall be divided by equal Shares.

And if the Father, for his own Purposes, contracts any Debt, the same Son who was born after the Separation shall discharge them.

SECT. XIV. Of a Partner s receiving his Share of the joint Stock, after a long Space of Time hath elapsed; also of the Inheritance of the Sons of a Woman of the Sooder Cast. by Two different Husbands; and also of adopted Sons.

If One of the Partners by Affinity, before Separation, goes into another Kingdom, and there fixes his Residence, so that, after a long Elapse of Time, either he, or his Son, or his Grandson, or his Grandson's Son, or any of his Descendants, should come to the Partners by Affinity before-mentioned, and make demand of his Share, he shall bring the Men of Credit among his Neighbours, his Relations, or any others, to prove his Affinity to the Man who fixed his Residence in a foreign Kingdom, and shall receive his Share of Inheritance.  

If a Woman of the Sooder Cast, who hath borne a Son to her Husband, should take that Son with her, and go to live with another Man of the same Cast, and while she remains in the House of this Second Person should bear to him also a Son, then each Son that is born to either Man, after the Death of that Man, shall receive his particular Property.

If the Mother of these Sons should die, then each Son shall separately inherit whatever was given to his Mother by his own Father; and if the Mother had any other Effects, exclusive of what the Fathers gave, the Sons shall both receive equal Shares of it.

A Man, without Permission of his Partners by Affinity, shall neither give away, nor sell to any One the Joint Property: If he gives away or sells a Part of it, at the Computation of his own Share, it is approved.

But if he gives, or sells, or mortgages such Property to a Man of fraudulent Principles, so that Loss and Vexations should accrue thereby to the Partners, the Man who thus gives away, sells or mortgages such Property, is to be accounted criminal.

According to the Ordination of Sewarteh Behtacharige, Jeimoot Bahun, and Sirree Kishen Terkalungkar, and is approved.

If any Person, without Permission of the Partners by Affinity, gives away, sells or mortgages a Part of the Joint Property, on Computation of his own Share, it is approved; according to the Ordination of the Pundits of Methilla.

If to a Man, who hath before patronized an adopted Son, a Son should afterwards be born of his own Seed, after the Death of the Father, the adopted Son shall receive a single Share, and the begotten Son shall receive a double Share of his Property.

SECT. XV. Of Dividing concealed Effects; and of rectifying unequal Divisions; and of the Modes of settling the Disputed Shares of Partners.

If any One of the Partners by Affinity, at the Time of sharing and dividing their Property, concealed any Part of the Effects, and this Circumstance should afterwards appear, that Part shall then be divided equally among all not the other Partners, and the Man who concealed it.

But if any One of the Partners still continues suspicious, he shall undergo the Purrikeh, that is Ordeal for him; whoever is not suspicious of him, he shall perform the Purrikeh.

If, at the Time of Division of Joint Stock, the Partners by Mistake should have made an unequal Distribution, it is not approved.

He who received too large a Share, whenever the Mistake is proved, shall divide equally among them all the Overplus of his proper Portion.

At the Time of Division of Joint Stock, if One Person be a Child, and any One of the Partners fraudulently takes from the Share of that Child, to add to his own, when this Circumstance comes to be proved, that Child shall receive from him the Balance of his Share.

If, at the Time of Division of Joint Stock, all the Partners, by their own Free-Will, receive unequal Shares, some more, some less, and are afterwards desirous to have an adjusted Settlement of their Shares, they shall not have the Power.

Every Kingdom has its own Customs, and every Town has its own Customs, so every Tribe has its own Customs; if, according to those Customs, an unequal Division takes place, it is approved.

If the Mode of unequal Division has passed regularly from Father and Ancestors, this also is approved.

If One Person of the Partners by Affinity should say, that "Our Property has been shared," and another should say, that "It hath not been shared," and upon such a Dispute they should refer their Claims to Arbitration, First, the Arbitrators shall inquire the State of the Case, of the Men Descended from the same Grandfather with the Plaintiff and Defendant, and who have formerly separated from the Family.

If the Master is not settled by Inquiry from Persons Descended from the same Grandfather, they shall next examine the Relations and Kindred of the Plaintiff and Defendant.

If it is not settled by Examination of the Relations and Kindred of the Plaintiff and Defendant, they shall next inquire and examine the Division Accounts; if there is no Division Account, then the Arbitrators shall proceed to examine Circumstances, as whether the Expence and Income of the Plaintiff and Defendant be separate and apart.  

Whether their Agriculture and Trade be on either Side distinct and separate.

If they are Bramins, whether One presents the Dan, and the other accepts the Dan: (The Dan is thus performed, they pronounce a certain Kind of Charm, or Incantation over any Thing, in the Wish of a happy Futurity, and give it as a Present to another Person:) Whether, between the Plaintiff and Defendant, a Pledge is deposited by One Party, and accepted by the other.

Whether, on either Side, One be Witness for the other, or One be Security for the other.

Whether they perform the Seradeh Amawus; (that is, the Ceremonies of the last Night of the Lunar Month, which is called the Night of Darkness.)

And the Seradeh-nowann, which is thus performed, in the Month Aghun, yearly, they put together new Rice, Milk, Sugar, Candy, ripe Plantains, Sugar Cane, Yam, Cocoa-Nut, Ginger, and Sugar-Candy, and perform the Fateheh Buzurgwar.

And the Seradeh Aperpukh: (Aperpukh is when, before the Ten Days, called Rozidus-hareh, [The Days in which the pompous Worship and Burial of the Hindoo Deities are celebrated.] upon the Days of the Shebbi Tareckee,* [Or Night of Darkness, so called, because then the Moon shines only a small Part of the Night.] (or Night of Darkness) which are Fifteen Days, sometimes in the Month of Bhadun, and sometimes in the Month of Assen, they perform the Fateheh Buzurgwar:) Whether they perform all these Serahehs separate and apart from each other.


Then, although there be no Witness, or Division Account, to prove the real State of the Case, if in these Ceremonies they act separately, it is to be accepted as a Proof that a Division has before taken place.

SECT. XVI. Of Acquiring Right of Possession in the Property of another, by Usufruct.

A Person who is not a Minor (a Man ceases to be a Minor at Fifteen Years of Age) nor impotent and incapable, nor diseased, nor an Idiot, nor so lame as not to have Power to walk, nor blind, and who, on going before a Magistrate, is capable of distinguishing and taking up his own Concerns, and who has not given to another Person Power to employ and apply to Use his Property, if, in the Face of such a Person, another Man applies to his own Use, for the Space of Twenty Years, the Glebe Land, or Houses, or Orchards of that Person, without Let or Molestation from him, from the Twenty-first Year, the Property becomes invested in the Person so applying such Things to Use; and any Claim of the First Person above-mentioned upon such Glebe, Houses or Orchards, shall by no Means stand good; but if the Person before-mentioned comes under any of the Circumstances herein before described, his Claim in that Case shall stand good.

According to the Ordinations of Sirree Kerracharige, and Palook, and Jogue Logue, and Bheb-deeb Bhet, and Sool Panee, and Chendeefur, and Sewarteh Bechtachurige, and is approved (or customary.)

A Person who is not a Minor, nor impotent and incapable, nor diseased, nor so lame as not to have Power to walk, nor blind, and who, on going before a Magistrate, is capable of distinguishing and taking up his own Concerns, and who has not given to another Person Power to employ and apply to Use his Property, if, in the Face of such a Person, another Man applies to his own Use, for the Space of Ten Years, the Gold and Silver, the Jewels, the Cloaths, the woven Silks, the Household-Furniture, and Iron Instruments, and other Goods and Chattels of this Kind (exclusive of Glebe, Houses and Orchards) belonging to that Person, without Let or Molestation from him, from the Eleventh Year, the Property becomes invested in the Person so applying such Goads and Chattels to Use; and any Claim of the First Person before-mentioned, for Possession of any such Goods and Chattels, shall by no Means stand good.

But if the Person before-mentioned comes under any of the Circumstances herein before described, his Claim in that Case shall stand good.

According to the Ordinations of Sirree Kerracharige, and Palook, and Jogue Logue, and Bbeb-deeb Bhet, and Sool Panee, and Chendeesur, and Sewarteh Bechtacharige; and is approved.

If any Person hath occupied the Glebe, Houses and Orchards, of another Person, and applied them to his own Use, and that Person, within the Space of Twenty Years, makes any Let or Molestation, then the Glebe, Houses and Orchards above-mentioned, revert to the Person aforesaid; but of the Produce of them, whatsoever the other Person has expended, he shall not receive any Thing,

Exclusive of Glebe, Houses and Orchards, if any Person has entered Upon, and applied to his own Use, any other Goods and Chattels belonging to another Person, and that Person, within the Space of Ten Years, lays claim to those Goods, then the Goods and Chattels so claimed shall revert to that Person; but if the other Person has made any Profit by those Things, he shall not receive any of it.

If any of the original Effects be spoiled or expended, that Person shall make it good, and the Magistrate shall inflict upon that Person the same Punishment as upon a Robber.

Any Thing deposited as a Pledge, any Thing committed to the Custody of another, under Hand and Seal, any Thing intrusted to another by Howaleh; (Howaleh is when a Person, in friendly Confidence, intrusts to another his Glebe Land, Orchards, Houses, Kine, Horses, Elephants, Camels, and such Kind of Cattle, as also his Household-Furniture, and all his Goods and Chattels.)

Things intruded in either of these Three Modes, if that Person, without Let or Molestation, has applied to his own Use, for a very considerable Length of Time, yet, when the Owner aforesaid shall make demand for those Things, he shall receive them: These Kind of Things do not come under the Limitation of Twenty Years, and of Ten Years.

Suppose a Person, having applied to his own Use the Glebe Land, Orchards and Houses of a Stranger, for the Space of Twenty Years, should then die, and the Son of that Person also, for the like Space of Twenty Years, having applied the same to his own Use, should then die, and the Grandson of that Person likewise, having applied the same to his own Use, for the like Space of Twenty Years, and should then die, the Glebe Land, Houses and Orchards above-mentioned, are applied to Use, by the Son of the Grandson of that Person.

In this Case, while the Property passed through Three different Possessors, for the Space of Sixty Years, if the right Owner of the Glebe Land, Houses and Orchards before-mentioned, through Inattention and Ignorance, hath attempted no Let or Molestation, in the Sixty-first Year, the Claim of the Defendants of that Owner shall by no Means stand good; the Glebe, Houses and Orchards above-mentioned, shall remain in possession of the Person who has applied them to Use.  

Suppose a Person, having applied to his own Use the Glebe, Houses and Orchards of a Stranger, for the Space of Sixty Years, through Inattention and Ignorance of the rightful Owner, should die, or if he and his Son together, having applied them to Use, for Sixty Years, should then die, and his Grandson also enjoys the present Use of such Property, in this Case, if the rightful Owner, or the Defendants of the rightful Owner, even after this Term of Sixty Years, put in their Claim, or cause any Let or Molestation, then the Glebe, Orchards and Houses aforesaid, shall revert to such Owner, and to the Defendants of such Owner; and the Man who applies them to Use shall not retain Possession of them.

Suppose a Person, having applied to his own Use, for more than Twenty Years, the Glebe, Orchards and Houses of a Stranger, should then die, and the Son of that Person also, having applied the same to his own Use, for a less Space of Time than Twenty Years, should then die, and his Grandson also, having applied the same to his own Use, for Twenty Years, should then die, in this Case, if the Property has passed through Three different Possessors, who, having applied it to Use, for the Space of Sixty Years, are since dead, yet the Son of his Grandson shall not receive that Glebe, but it shall go to the original Owner.

If Two Persons Possess separate Writings, as a Bill of Sale, a Deed of Gift, or a Mortgage, all properly authenticated, to entitle them to the same Thing; as for Instance, One Person has a Bill of Sale, or a Deed of Gift, and the other has a Mortgage, and the same Date should be upon the Deeds of both Claimants, or by Accident the Date happens to be obliterated, so that it cannot be ascertained which Instrument is prior to the other.

In that Case, the Property before-mentioned shall belong to that Person, who, in Sight of the Person Possessing the other Deed, without Let or Molestation from him, has appropriated and applied that Property to his own Use.

Such Property shall not go to the Man, who, not having appropriated or applied it to his own Use, hath not attempted any Let or Molestation to the other Person.

It it hath not been applied to Use by either of them, they shall both divide and receive equal Shares of it.

According to the Ordinations of Pacheshputtee Misr; and is approved.

Helayoodeh speaks to this Effect, viz. That he who Possesses a Mortgage shall receive a small Share, and he who Possesses a Bill of Sale, or a Deed of Gift, shall receive a larger Share.

If the Path to and from a House, or the Space of Ground occupied by the House-Drain of One Person, be in the Territories of another Person, that Person, who always hath passed to and fro, shall continue so to do; the other Person aforesaid, though he hath a Right of Property in the Ground, and hath an attested Sunnud thereof, shall not have Authority to cause him any Let or Molestation.

When Two Persons, between whom a Dispute hath arisen, refer it to Arbitration, the Arbitrators, at the Time of Examination, shall esteem Witnesses of more Validity than Opinion; and if there be any Writing produced, they shall give more Credit to that Writing than to Witnesses.

Suppose Two Persons should quarrel about the Right of Property in certain Glebe Lands, or Houses, or Orchards, and One of them should produce a written Deed, the other (after that the Property in Dispute has been occupied for the Space of Sixty Years, by Three following Possessors, who are now dead) is the Fourth Person now in Possession of such Property.

In that Case, the Possession of Three Persons in Succession is of more Validity than the Writing.

The Person who is in present possession shall obtain the Property of such Glebe Land, or Houses, or Orchards; and the Claim of him who produces the written Deed shall not be heard.

If a Man has for a long Time applied to his own Use the Effects of a Magistrate, or of a Magistrate's Servants, or the Effects of his Wife's Father, or the Effects of his Wife, or the Effects of his Daughter's Husband, or the Effects of a Reyot, or the Effects of a Man Descended from the same Grandfather with himself, or the Effects of his intimate Friend, or the Effects of his Maternal Uncle, or Sister's Son, or Paternal Uncle's Son, or such Kind of near Relations and Kindred, it is not approved (i.e. it shall not ensure him the Property of them:) And if a Bramin, who hath read the Beids, should, for any considerable Time, apply to his own Use any Person's Property, it is not approved.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sun Apr 18, 2021 7:17 am

Part 1 of 2

CHAP. III. Of Bubhar, that is, of Justice.

SECT. I. Of the Forms of administering Justice.


If a Person brings a Complaint before a Magistrate, in the Name of another, the Magistrate shall make a thorough Investigation of the Affair; otherwise he shall by no Means of himself send for the Complainant, and cause him to bring on his Complaint.

If any Person goes to an Arbitrator of Discernment, for the Purpose of distinguishing the Nature of his own Cause, the Arbitrator also may make such Investigation.

When an Arbitrator of Discernment hears any Affair, he shall first demand of the Plaintiff, "What is your Claim?" The Plaintiff shall then relate his Claim: Afterwards he shall demand of the Defendant, "What Answer do you return in this Case?" The Defendant also shall then repeat his Answer, upon thus having heard the Accounts of both Plaintiff and Defendant. He who thoroughly investigates the Nature of the Affair is called an Arbitrator of Discernment, and such an Arbitrator as this shall be chosen.

A Magistrate, at the Time of Examination, shall have near him a Man of Knowledge and Discernment, and Officers tried by his own Experience, and a learned Bramin, and shall then examine the Cases of the Plaintiff and Defendant.

If a Magistrate, for any particular Reason, cannot himself examine a Cause, he shall delegate a learned Bramin as Examiner; if there is no learned Bramin, he shall delegate a learned Chehteree; if there is no learned Chehteree, he shall delegate an intelligent Bice as Examiner; if there is no intelligent Bice, he shall delegate an unlearned Bramin as Examiner; he shall never delegate a Soodar as Examiner upon the Sheertee of the Shaster, or Beids of the Shasters. Whoever, sitting aside a Bramin, constitutes a Sooder Arbitrator, in any Affair of the Shaster, the Possessions and Property of such a Man are ruined and dissipated: If a Sooder examines any Affairs of the Sheertee of the Shaster, he shall pay a Fine to the Magistrate of Two Thousand Puns of Cowries.

If a learned Man is present when an Affair is examined before a Magistrate, although the Magistrate should not delegate him as Examiner, yet he has the Liberty of uttering his Sentiments to the Case in Point.

Whoever considers in the same Light his Friends and his Enemies, and is knowing in the Beids of the Shaster, and in the Sheertee of the Shaster, and is a Man of Honour, and a Speaker of Truth, to such learned Bramins as these the Magistrate shall give Money, and every Token of Respect and Consideration in the Judgment-Seat, to have them near him; but he shall not retain fewer than Ten of such Bramins.

The Magistrate, having employed the first Four Ghurries of the Day in bathing and praying, and having paid due Adorations to his Deity, shall sit upon the Judgment-Seat, to settle Affairs, the Space of One and a Half Paufs; at this Rate, the Bench will break up after the Second Paufs of the Day.

If an Affair is not properly examined, or is decided unjustly, the Fault is divided into Four Shares, and falls upon Four Parties, One Share upon the Plaintiff or Defendant, whichever of them was the Cause of the improper Examination or Decision; and One Share falls upon the learned Bramins who partook of the improper Examination or Decision; and One Share to the Witness who gave in false Evidence: If the Examination is proper, the good Result of it is, that whatever Part of the Fault belongs to the Magistrate, and to the rest of those who were present upon the Bench, and partook of the Examination, all this Fault goes to the Person who made a futile and groundless Complaint.

If several Persons, at the same Time, make a Complaint to a Magistrate, or Arbitrator, then the Magistrate, or Arbitrator, at the Time of Investigation, shall first examine the Cause of him who has suffered the most Detriments; if the Causes of all the Complainants are equal, he shall then examine the Affair of him who is of the most honourable Tribe; if all the Complainants are of equal Tribes, and their Causes also of equal Consequence, then the Suit of him who first complained shall be first examined.

At the Time that the Plaintiff and Defendant are present before the Magistrate, or Arbitrator, then that Magistrate, or Arbitrator, shall take a Man of Responsibility and Property as Bail or Security for such Plaintiff or Defendant; if either the Plaintiff or Defendant are unable to give such Security, a Peiadac, or Guard, shall be appointed for both of them, and, in the Evening, the Plaintiff and Defendant shall give to that Peiadac Cowries sufficient for the Day's Subsistence.

SECT. II. Of Appointing a Vakeel (or Attorney.)

If the Plaintiff or Defendant have any Excuse for not attending the Court, or for not pleading their own Cause, or, on any other Account, excuse themselves, they shall, at their own Option, appoint a Person as their Vakeel; if the Vakeel gains the Suit, his Principal also gains; if the Vakeel is Cast, his Principal is Cast also.

In a Cause where the Accusation is for Murder, for a Robbery, for Adultery, for eating prohibited Food, for false Abuse, for thrusting a Finger into the Pudendum of an unmarried Virgin, for false Witness, or for destroying any Thing, the Property of a Magistrate, a Vakeel must not be appointed to plead and answer in such Cases; the Principals shall plead and answer in Person; but a Woman, a Minor, an Idiot, and he who cannot distinguish between Good and Evil for himself, may, even in such Causes as these, constitute a Vakeel.

Except the Brother, Father and Son of the Plaintiff and Defendant, if any other Person, at the Time of Trial, should abet, and speak for either Party, the Magistrate shall exact a Fine from him: If a Brother, a Father, a Son, or a Vakeel, should assist, and speak for either Party, it is allowed.

SECT. III. Of not Apprehending an accused Party.

If a Person is employed in celebrating a Marriage, at that Time, neither a Creditor, nor any other Person for his own Concerns, shall apprehend and seize him: If the Creditor, or any other Person, should make complaint against him before a Magistrate, the Magistrate also, during the Term of the Marriage Festivals, shall not have Power to seize him.

If a Person, in a Fit of Sickness, until his Recovery, neither his Creditor, nor any other Person for his own Concerns, shall have Power to apprehend and seize him: If the Creditor, or any other Person, during such Sickness, makes complaint in his Name, the Magistrate also, during his Disorder, shall not apprehend him.

If a Man is employed in the Jugg, the Poojeh, the Dan, or any such religious Duties, until he finds Respite from those Offices, neither his Creditor, nor any other Person upon his own Concerns, shall have Power to apprehend and seize him; if a Complaint is lodged against him before a Magistrate, the Magistrate also shall not apprehend him during that Period.

If any Person is appointed Vakeel to plead or answer in any Suit, until he is released from such Appointment, neither his Creditor, nor any other Person for his own Concerns, may have Power to apprehend and detain him; if a Complaint is lodged against him before a Magistrate, the Magistrate also shall not apprehend him.

If any Person is employed, in the Magistrate's Presence, upon such Magistrate's Affairs, until he is released from the Magistrate's Business, neither his Creditor, nor any other Person for his own Concerns, shall have Power to apprehend or seize him; if a Complaint is lodged against him before a Magistrate, that Magistrate also shall not apprehend him.

If any Person is employed in feeding his Kine, or Buffaloes, or Goats, or Sheep, or such Kind of domestick Animals, until he is at Leisure from such Occupation, neither his Creditor, nor any other Person for his own Concerns, shall have Power to apprehend and detain him; if the Creditor, or any other Person lodges a Complaint against him, the Magistrate also, during that Period, must not apprehend him.

If any Person is employed in watching his Tillage, until he returns from thence, neither his Creditor, nor any other Person for his own Concerns, may have Power to apprehend and detain him; if a Complaint is preferred against him before a Magistrate, the Magistrate also shall not apprehend him during that Period.

If any Person is employed as a Painter, a Carpenter, a Builder, or in other Works of this Kind, until he is at Leisure from such Business, neither his Creditor, nor any other Person for his own Concerns, shall have Power to apprehend and detain him; if a Complaint is preferred against him before a Magistrate, the Magistrate also, during that Period, shall not apprehend him.

If any Person is engaged in War, until the War is determined, neither a Creditor, nor any other Person for his own Concerns, shall at that Time apprehend and detain him; if his Creditor, or any other Person, during that Period, prefers a Complaint against him before a Magistrate, the Magistrate also shall not apprehend him.

If any Person is employed as a Messenger, Until he returns, neither his Creditor, nor any other Person for his own Concerns, may have Power to apprehend and detain him; if a Complaint is preferred against him before a Magistrate, the Magistrate also, until he returns from the Execution of his Message, may not apprehend him.

If a Person is a Minor, his Creditor may not apprehend him; and if the Creditor makes complaint against him before a Magistrate, the Magistrate also shall not have Power to apprehend him.

If a Season of Scarcity or Calamity should happen to any Kingdom or Town, until the Calamity is ceased in that Kingdom or Town, a Person for his own Concerns shall not have Power to apprehend and detain another; if a Person on his own Concerns makes Complaint before a Magistrate, the Magistrate also may not apprehend a Person during that Period.

If any Person, having a Claim on another, hath preferred his Complaint, the Person sued must answer the Suit, and settle the Claim, before he can commence a Suit against the other; if he makes a Complaint, the Magistrate shall exact a Fine from him, but his Suit shall not drop.

If any Person has made a Complaint against another, as that, "Such a Person has traduced my Character, or has threatened me," in that Case, if the Complainant had first traduced, or threatened the other, the latter, without answering the Suit brought against him, may prefer a Complaint against the other for Abuse, or for Threats.

If any Person hath first abused another, or threatened him, after that, if the Second should abuse or threaten the First, he is not amenable; but he who first abused, or threatened the other, shall be fined by the Magistrate.

If a Person, to procure a Man's Death, should set his House on Fire, or cause him to take Poison, or endeavour to assassinate him, or should seize his Wife, and carry her away with him, or plunder and take away all his Effects and Grain, if the other should deprive such a Man of Life, he is not amenable: If a Bramin should commit such Crimes as these above-mentioned, his Life shall not be taken away; but if such a Bramin should come with Intent to murder another, and that Person has no Means of escaping, and cannot save his own Life, but by the Death of the Bramin, in that Case, if he should even kill the Bramin, the Magistrate shall not take a Fine from him: Also, if a Cow should attempt to kill any Person, and there is no Way of escaping, that Person may kill the Cow, for the Preservation of his own Life, and, in this Case, he shall not be amenable.

If Two Persons mutually abuse each other, or give Blows to each other, and the Abuse and Threats are equal on both Sides, the Magistrate shall exact from each of them an equal Fine.

If any Person first abuses another, or gives him Blows, and afterwards the Other returns him more Abuse, and a greater Number of Blows, the Magistrate shall exact a Fine from both of them; but he who first proceeded to Violence shall pay the largest Fine.

SECT. IV. Of Giving immediate Answer to a Complaint.

If a Person brings a Suit against another for the Murder of a Man, in that Case, the Accused, at the Time of appearing before a Magistrate, shall immediately, upon the Spot, give his Answer to this Affair; he may not be allowed any Time in giving his Answer.

If any Person is apprehended on Account of a Robbery, that Person, at the Time of appearing before a Magistrate, or Arbitrator, shall give immediate Answer to this Affair, and shall not be allowed any Delay in speaking.

If any Person accuses another for false and scandalous Abuse, the Accused, when he comes before a Magistrate, or Arbitrator, shall immediately give his Answer, and not be guilty of any Delay.

If any Person is apprehended upon an Affair concerning a Cow that produces Milk, he shall not be allowed any Procrastination in his Answer, but shall speak his Defence immediately.

On an Accusation for drinking Wine, a Man must not make any Delay in giving his Answer, he shall answer immediately to such an Affair.

If a Man is apprehended, on a Complaint, For criminal Conversation with any of his Father's Wives, exclusive of her who bore him, in such a Case, he shall not make delay in returning his Answer, but shall immediately answer to the Point.

If any Person makes complaint against another, that, "Such a Person has destroyed some very valuable Goods of mine," in such an Affair, the Accused shall not make any Procrastination in his Answer; he shall answer immediately to the Point.

If any Person has called a modest Woman unchaste, and the Woman or her Husband should make complaint to a Magistrate, whenever the Person accused appears before the Magistrate, or Arbitrator, he shall, upon the Spot, answer to the Complaint, and make no Delay.

If Two Persons quarrel for Possession of a Slave Girl, and both of them should separately assert the Girl to be their own Property, and One of them makes complaint against the other before a Magistrate, that Person shall directly give his Answer, and shall make no Delay.

In all other Causes, except such as have been before-mentioned, the Defendant may require some Delay to give in his Answer; but the Accuser shall in no Cause make any Delay in his pleading.

If either the Plaintiff or Defendant, being terrified, are unable to give immediate Answer, then, according to the Nature of the Affair, a Time shall be appointed them for giving in their Answer; if at the Time appointed they are unable, either by some Calamity of the Season, some Innovation of the Magistrate, to give their Answer, they are not blamable; but they shall be held to prove such Calamity of the Season, or Innovation of the Magistrate; if they cannot produce this Proof, they shall incur Blame; and on the Time appointed, if they, with any fraudulent Intent, do not give in their Answer, the Magistrate shall make them amenable, and they shall be Cast in that Cause.

SECT. V. Of Plea and Answer.

When the Plaintiff and Defendant come before the Magistrate, or Arbitrator, the Plaintiff at that Time shall give an Account of the Circumstances of his Plea, in such a Manner, that the Words be few and the Meaning extensive, and that no Doubt of the Sense of his Speech may arise in the Minds of any of the Audience, and that the first and last Parts of his Plea be well connected and consistent, and the Cause of the Dispute shall be therein explained, and the Reason why the Defendant should be Cast; in the same Manner also the Defendant, after Conclusion of the Plaintiff's Plea, shall return his Answer.

If the Plaintiff gives, in Writing, to the Magistrate, or Arbitrator, a Statement of his Case, he shall write that Statement also, in the same Manner that hath been above directed; and the Defendant also shall write his Answer after the same Mode.

If the Plaintiff hath delivered in a written Statement of his Suit, until the Defendant gives in his written Answer, the Plaintiff may take back his Representation, to alter what may be too full, or too concise, in some Places, and give in a fresh corrected Writing; but if the Defendant hath delivered in his written Answer, the Plaintiff may not correct and rewrite what may be too copious, or too contracted of his original Plea.

When the Plaintiff, or Defendant, writes his Plea or Answer, it shall be written. with his own Hand; if he is unable to write, he shall cause it to be written by another: If the Plaintiff or Defendant should give one Explanation of his Case, and the Copyist should state it another way, that Copyist shall receive the same Punishment as a Robber.

In a Cause concerning Property, if the Plaintiff or Defendant should be guilty of a Mistake or two in the Course of his Pleading, he shall not, upon that Account, lose his Suit, but the Magistrate shall fine him.

If a Person complains against another, that, "Such a Person has kicked me on the Head," and it should afterwards appear that he has not kicked him on the Head, but has struck him with his Fist, that Person is condemned in that Suit, and he shall become amenable to the Magistrate.

When the Plaintiff urges his Plea, the Defendant must answer regularly, according to the Plea, and not deviate from the immediate Subject of the Suit.

After Suit begun by the Plaintiff, if the Defendant should abscond, after an Absence of One Month and an Half, he shall be cast.

After Suit begun by the Plaintiff, if the Defendant delays to answer beyond Seven Days, he shall be Cast; if an appointed Day for Answer be given him, and he does not give his Answer in the Time of that Appointment, he shall be Cast.

If the Plaintiff urges his Plea, and the Defendant denies it, in that Case, when the Plaintiff, by producing Witnesses, can prove his Suit, the Defendant shall be Cast.

SECT. VI. Of Two Sorts of Answer, proper and improper.

That is a proper Answer, when, after Statement of the Plaintiffs Plea, upon the Defendant's giving in his Answer, he weighs his Words with such Nicety, that they comprehend the whole of his Meaning, and no Doubt arises in the Audience from his pleading, and the first and last Parts of his Speech are well connected and consistent, and he explains himself in so clear and perspicuous a Manner, that every Person understands him. — This is called a proper Answer.

That is an improper Answer which does not regularly take up the Assertions of the Plea; as for Instance, when the Plaintiff gives a full and copious Statement of his Case, and the Defendant makes a contracted, defective Answer, or when the Plaintiff's Plea is concise, and the Defendant's Answer prolix; when there is a Difference and Inconsistency between the first and last Parts of the Answer, and when it is confused and varied, so as not to be intelligible. This is called an improper Answer.

The Two Modes of Answer, that have been explained above, are composed of Four Distinctions, viz.

First. Mut-booter.
Second. Shumpertee-putt.
Third. Pertubbish Gunden.
Fourth. Perranek Neeay.


First. Mut-booter, that is, an Answer denying the Plea.

Mut-booter has Four Distinctions.

First. When the Plaintiff brings in a regular Bill, and the Defendant says, "Your Plea is false."

Second. When the Plaintiff brings in a regular Bill, and the Defendant says, "I know Nothing of the Matter."

Third. When the Plaintiff brings in his Suit, as, "In such a Year, I deposited such Goods in your Hands, or lent you such a Sum," the Defendant answers, "In that Year, I was not yet born."

Fourth. When the Plaintiff brings in a regular Suit, that, "In such a Year, in such a Place, I deposited certain Goods in your Hands, or lent you a Sum of Money," the Defendant answers, that, "In the Year specified, I never was at the Place you mention," upon Answer being given in these Four Methods, the Proof of the Plea rests with the Plaintiff.

Second. Shumpertee-putt is when a Man producing Claim upon another, the Person answers, "I confess that the Subject of your Claim is in my Possession," in this Case, there is no Need of Writing or Witnesses.

Third. Pertubbish Gunden is when a Man producing a Claim upon another, the Person answers, "I acknowledge the Justice of your Claim," but at the same Time, if he has it not in his Power to make good the Subject of the Claim, he should so express himself: Pertubbish Gunden also admits of Three Distinctions: As,

1st. When a Man produces a Claim against another, saying, that, "You owe me a Debt of One Hundred Rupees" the Person answers, "I confess to have borrowed One Hundred Rupees of you, but I have repaid them," in which Case, the Proof of the Affair rests with the Claimant;

2d. When One Man says, "Such a Piece of Ground belongs to me by Inheritance from my Father and Ancestors," and another Person also affirms of the same Piece of Ground, that, "It belongs to me by Inheritance from my Father and Ancestors," in this Case, the Proof of the Affair rests with the First Claimant; and if he is unable to produce Proofs, the Second Claimant shall then ascertain and prove his Title to the Ground in Question.

3d. When Two Persons lay claim to the same Parcel of Land, One saying, "This Ground belongs to me by Inheritance from my Father and Ancestors," the other replying, "I have applied to my own Use this Piece of Ground, for the Space of Ten Years, and of Right it belongs to me," in this Suit, the former Claimant is held to prove the Inheritance derived from his Father and Ancestors; if he can prove this Point, then the Cause must be referred to the Chapter of the Daye Bhag, for considering the Time of the Usufruct, which is explained in the Section of Acquiring a Property in the Possessions of another.

4th. Perranek Necay is when a Man, upon losing his Cause before a Magistrate, or Arbitrator, says, that, "My Opponent, in this Affair, was formerly Cast upon a Trial before such an Arbitrator, and I gained my Suit," in such Case, he who affirms to have had a Verdict in his Favour, upon the Investigation of a former Arbitrator, shall be held to produce Proofs of that Circumstance.

If a Man brings a Suit against another, saying, "I lent you One Hundred Rupees" and the Defendant answers, "I never received One Hundred Rupees, I received Fifty Rupees, and have repaid them," in this Case, the Arbitrators shall first investigate the Repayment, and afterwards make Inquiry, whether the Sum lent was really One Hundred or Fifty Rupees.

If a Man brings a Suit against another, saying, "You owe me a Debt of One Hundred Rupees" if the Defendant answers, "I never received One Hundred Rupees, I received Twenty-five Rupees, and have repaid them," in this Case, the Arbitrators shall first investigate, whether the original Debt was really One Hundred or Twenty-five Rupees, and afterwards shall make Inquiry as to the Repayment; and in all Cases, where the Plaintiff makes a large Demand, of which the Defendant acknowledges a Part only, less than Half the Sum claimed, Inquiry shall be conducted upon this Principle here explained.

A Plaintiff lays his Claim for One Hundred Rupees lent, the Defendant answers, "I never borrowed from you any Part of it," but at the same Time the Plaintiff hath in his Hand a Bond for One Hundred Rupees, and it therein appears that the Defendant hath repaid Fifty Rupees, and there are Witnesses to this Circumstance, in such a Case, the Arbitrator shall first investigate the Bond, and then examine the Witnesses.

If a Man brings a regular Suit against another, and that Person absolutely denies the Claim, in that Case, the Plaintiff shall be held to prove his Claim; if the Plaintiff has neither Writing nor Witnesses for his Proof, the Defendant shall perform the Purrikeh (that is) an Ordeal, to satisfy the other.

If a Man brings a Suit against another, who answers, " I am in doubt about this Affair," such Plea is not to be admitted as an Answer; in that Case, the Plaintiff shall prove his Claim by a Deed, by Witnesses, or by Usufruct on the Part of the Defendant; if he fails in these Three Modes, he shall take his Oath, or perform the Purrikeh: In every Affair, where a Deed, Witnesses, or Proof of Usufruct cannot be produced, an Oath must be taken, or the Purrikeh performed.

If a Man brings a Suit against another, saying, "I have lent you several different Articles," and the Person answers, "I never received One of the Articles you mention," in that Case, if the Plaintiff proves any One of all the Articles claimed, to be in the Defendant's Possession, the Magistrate shall cause the whole so claimed to be restored: In this Affair, it is not the Fault of the Magistrate; if the Plaintiff, having made his Claim for several Things, should add afterwards, that, "Another Article is still in your Possession, which by Mistake I formerly omitted to mention in my Suit;" such a Claim is not approved; according to the Ordinations of Sewarteh Behtacharige, and this Ordination is approved (or customary.)

If a Man brings a Suit against another, saying, "I have lent you several different Articles," and that Person answers, "I have not received any Thing, if you can prove my Receipt even of One Article, I will make good the whole of your Claim," in that Case, if the Person can prove any One Article, the other shall be held to make good the whole; according to the Ordination of Jogue Logue, and the Pundits of Methilla.

If a Man hath accused another of the Murder of a Man, or of a Robbery, or of Adultery, and should say, "You have in several Places been guilty of these Crimes," and the Defendant denies the Accusation, in such a Case, if the Accuser can prove upon the other the Commission of any One of these Crimes, it shall be a Proof of the whole Complaint.

If a Man brings a Suit against another, saying, "I have intrusted several Articles (or) I have lent a Sum of Money to your Father, or Uncle, or Grandfather," which he demands should be returned, and the other denies the Affair, saying, "I know not the least of this Matter, prove your Claim, and receive it," in that Case, whatever Article the Plaintiff can prove he shall receive, and whatever he cannot prove he shall not receive.

When Two Persons upon a Quarrel refer to Arbitrators, those Arbitrators, at the Time of Examination, shall observe both the Plaintiff and Defendant narrowly, and take notice, if either and which of them, when he is speaking, hath his Voice falter in his Throat, or his Colour change, or his Forehead sweat, or the Hair of his Body stand erect, or a Trembling come over his Limbs, or his Eyes water, or if, during the Trial, he cannot stand still in his Place, or frequently licks and moistens his Tongue, or hath his Face grow dry, or, in speaking to One Point, wavers and shuffles off to another, or, if any Person puts a Question to him, is unable to return an Answer; from the Circumstances of such Commotions, they shall distinguish the guilty Party.

In a Suit where One of the Parties, be it either Plaintiff or Defendant, produces a Writing, which the other doth not approve or allow, the Possessor of that Writing shall not gain his Suit, until he can confirm it by Proof. The Mode of ascertaining a Writing is this, that he shall produce another Copy of the Man's Writing, who, with his own Hand, drew out the Writing in Question, and so prove its Authenticity.

If a Man brings a Suit against another, and can by any Means produce Proof of his Claim, the Cause shall be decreed in his Favour.

A Writing is of Two Sorts, First, that which a Man writes with his own Hand; Second, that which he procures to be written by another: Of these Two Sorts, that which is written by a Man's own Hand, even without Witnesses, is approved; and that written by another, if void of Witnesses, is not approved.

When a Debtor, having caused his Bond to be written by another Person, and, having procured Witnesses to it, hath borrowed Money upon it, after that, supposing that the Witness, who signed his Name upon the Bond, and he also, by whose Hand the Bond was written, are both dead, and the Debtor and Creditor also are dead, and a Dispute arises between the Sons of the Debtor and Creditor concerning this Bond, the Son of the Debtor, saying, "I know Nothing of this Bond," then, if the Creditor, or Sons of the Creditor, at the Time when the Bond became due, had demanded their Money from the Debtor, in the Presence of some other Persons, and had caused the Bond to be read by Three or Four People, and can prove this Circumstance, the Bond is approved; but if any Article had been pledged, then, even without previous Demand of the Sum due by the Bond, before other Persons, and without having caused it to be read, the Bond is approved.

If a Lender of Money says to a Person, "A Debt due to me is outstanding in your Hands," and that Person denies the Debt, if at that Time the Bond is not in the Lender's Hands, but should be in some other Kingdom, then, until he brings the Bond from such other Kingdom, the Suit shall not be determined.  

If it should happen that a Bond in a Creditor's Possession should be burnt, or some of the Letters in it are become invisible, or the Bond be stolen from him, or by any Means be spoiled, and, upon Demand of the Sum due, the Debtor should refuse Payment, in that Case, the Creditor shall bring any Person who had formerly seen the Bond, and shall prove the Bond by his Evidence.

If a Bond in a Creditor's Possession should chance to be torn, or the Letters should be obliterated, or the Bond by any Means be spoiled, the Creditor shall cause the Debtor, in such Case, to write a fresh Obligation.

If a Man hath, for any Reason, executed a Bond, in the Name of another Person, and borrowed a Sum of Money on Account of it, and afterwards, upon the Creditor's demanding Payment of the Man, from whom he received the Bond, that Person should answer, "I never borrowed any Money of you, if I have so borrowed, produce my Bond," the Creditor says, "You borrowed Money of me upon a Bond, written in the Name of another Person," which other Person says, "I never borrowed any Money of you, but, as a strict Intimacy subsisted between the Borrower and me, he gave the Bond in my Name, and converted the Money to his own Use,'' on a Dispute of this Nature, the Arbitrator shall first examine the Connexion that subsisted at the Time of the Execution of the Bond in Question, between the Borrower of the Money and him in whose Name the Bond was passed, and whether or no they are near Relations; from these Two Circumstances he shall form his Judgment, and also from the Evidence of the Witness who originally attested the Bond.

If a Person possesses the Title Deed of any Article, and another Person, by Intervention of his own, renders that Deed unapproved, in that Case, he who Possesses such a Writing shall reduce it to Proof; but if that Person should be dead, after having applied the Article in Point to his own Use, the Son of that Person shall not be held to prove the Title Deed, but shall prove his Father's Usufruct.

If a Person, possessing the Title Deed of any Article, should die, without having applied that Article to his own Use, in that Case, his Son shall be held to prove the Validity of the Title Deed.

If a Lender of Money should say to a Person, "You owe me a Sum of Money, I demand Payment," to which Demand that Person makes no Reply, after that, he again makes the same Demand, and in like Manner receives no Kind of Answer, after a Repetition of such Demand for Five several Times, if that Person should say to the Claimant, "I owe you Nothing," upon such a Suit, the Magistrate shall cause that Person to pay the Claimant the Money demanded.

If a Plaintiff prefers a Claim, and the Defendant denies it, then, upon Proof of the justice of the Claim, the Magistrate shall cause the Money in Dispute to be paid to the Plaintiff, and shall also exact a Fine from the Defendant.

If a Person, who hath brought a Suit against another, can ascertain his Claim, by the Evidence of Witnesses, by a Writing, by Proof of Usufruct, by Opinion of Arbitrators, by the Purrikeh, or by an Oath, the Suit shall be given in his Favour: If he cannot prove it by any of these Means, he is culpable, even if he acknowledges the Fault he has committed, he shall still be deemed culpable.

SECT. VII. Of Evidence.

Whoever has seen a Transaction with his own Eyes, or has heard it with his own Ears, such a Person is a Witness.

When a Plaintiff or Defendant have not applied to a Witness, who is conscious of any Transaction, desiring him to appear as a Witness in their Cause, if the Magistrate, or Arbitrator, summon such a Witness, and question him as to the Circumstances of the Transaction, such Part of his Evidence as relates to what he has seen with his own Eyes, and heard with his own Ears, is approved.

When a Person, being Witness of any Transaction, hath explained the Circumstances of that Transaction to another Person, the Plaintiff or Defendant may constitute such Person as a Witness, to testify whatever was explained to him by the other; such Person is called a Secondary Witness; and the Evidence delivered by such Secondary Witness is approved.

In a Suit concerning Limits and Boundaries, whoever is acquainted with the true State of those Limits and Boundaries, without being appointed Witness in the Cause, may deliver in his Evidence.

If a Plaintiff or a Defendant secretly hides a Person where he may over-hear the Discourse, and then asks a Witness the true Circumstances of the Case, and that Person with his own Ears hears the Relation of the Witness, such Person is called a hidden Witness, and the Evidence of a hidden Witness is true.

He who is a Witness shall keep by him a written Statement of every Transaction, in which he is a Witness, that, even after a considerable Space of Time, he may be enabled to recollect it.

A Witness, a Borrower, or a Principal in any other Affair, shall write with his own Hand an Account of every Affair so concerning him; if he does not know how to write himself, he shall cause it to be written by another.

SECT. VIII. Of Proper and Improper Evidence.

A Minor until Fifteen Years of Age, One single Person, a Woman, a Man of bad Principles, a Father, or an Enemy, may not be Witnesses; but if the Father and the Enemy are Men of good Disposition, and Speakers of Truth, and Men are well acquainted with the Goodness of their Disposition and Veracity, these Two Persons may be Witnesses.

He who regulates his Actions by the Beids and Sheerut of the Shaster, Three such Men shall be appointed Evidences; less than this Number shall not be made Witnesses; and this Order is in the Chapter concerning Affairs of a long Space of Time.

Men of every Tribe shall appoint Witnesses from their own Tribe, as a Bramin shall appoint a Bramin, a Chehteree shall appoint a Chekteree; and so in regard to each Tribe, Men of the same Tribe shall he constituted Witnesses; a Woman also shall appoint a Woman her Witness; but upon the Time of any Transaction, if a Person of the same Tribe happens not to be present, a Witness shall be appointed from those upon the Spot, to whatever Tribe they may chance to belong.

If the Plaintiff or Defendant, at their own Option, appoint a single Person only, known to be a Man of Veracity and good Behaviour, as their Witness, that single Person also may become a Witness; also a Person who is not of good Disposition, yet not fraudulently inclined, nor avaricious, if such a Person be agreeable to both Plaintiff and Defendant, he may, though single, be a Witness.  

If the Serwutteree, or Bramins learned in the Beids, give Evidence, Nine of them are required; if there are not Nine, there must be Seven; if there are not Seven of them, there must be Five; if there are not Five of them, there must be Four; if there are not Four of them, there must be Three; if there are not Three of them, Two shall give Evidence; a single Bramin, learned in the Beids, cannot be a Witness.

A Bramin Serwutteree, or learned in the Beids, a Devotee become very infirm, and a Sinassee shall not be Witnesses; but if these have seen a Quarrel between Two Persons, and of themselves deliver in Evidence, it is approved.

He who hath killed a Man, or who is guilty of Theft, of Adultery, or of false Abuse, or who, enticing a Man to himself, by Treachery and Deceit, deprives him of Life, and destroys his Effects, or whoever is a Juggler, and is constantly employed in Games of Dice and Chances, or whoever is a perpetual Wrangler, such Persons shall not be Witnesses.

A Slave of either Sex, a blind Man, a Woman, a Minor until Fifteen Years of Age, an old Man of Eighty Years, a Man afflicted with a Leprosy, One guilty of Murder, of Theft, of Adultery, or of false Abuse, or who, enticing a Man to himself, by Treachery and Deceit, deprives him of Life, and destroys his Effects, or whoever is constantly employed in Games of Dice and Chances, or who is a perpetual Wrangler, or a Juggler, such Persons, in Affairs of Murder, of Theft, of Adultery, and of false Abuse, may not be Witnesses: In these Four Cases, One single Man of Veracity and good Conduct, with whose good Disposition and Love of Truth Men are well acquainted, may alone be a Witness.

Supposing a Person to lend another Money secretly, or secretly to intrust his Property to the Care of another, in such Affairs, One single Person is a sufficient Witness.
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