Zend Avesta Part 03

SR No.: 007673
Original Sutra Author: N/A
Author: L H Mills
Publisher: Oxford
Publication Year: 1887
Total Pages: 2618
Language: English
Classification: Book_English
File Size: 49 MB

Page 1206

PROCEEDINGS AT LAW.
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: * 26. Because it proceeds from one of these three motives, carnal desire, wrath, and greed; therefore it is said to have three efficient causes. These are the three sources of lawsuits.
* 27. It is said to have two modes of plaint, because a plaint may be either founded on suspicion or on fact. It is founded on suspicion, when the defendant has been seen to move in bad company. It is founded on fact, when the stolen chattels or the like have come to light.
* 28. Because it is based on the statements of the two litigants, therefore it is said to have two openings. There the accusation is called the plaint ; the answer is called the declaration of the defendant.
* 29. Because it may be founded either on truth or on error, therefore it is said to have two issues. Truth is what rests on true facts. Error is what rests on mistake of facts.
30. Ordeals even are rendered nugatory by artful men. Therefore let no mistake be committed in regard to place, time, quantity, and so on.
a number of different headings, which will be quoted in the notes to this translation.
27. Supposing that the owner of a lost chattel casts his suspicion on a man who is constantly seen in the company of well-known thieves and other bad characters, or who lives with prostitutes, or is addicted to gambling, if he impeaches that man, it is called a charge founded on suspicion. If a man is impeached, after having been taken with the maner, the stolen goods having been found among his property, it is called a charge founded on fact. In a charge founded on suspicion, the decision must be referred to the gods (i.e. to an ordeal). In a charge founded on fact, the decision rests with the king's judge. A.
29. The issue of a lawsuit, like its beginning, may be twofold. Either a just decision is given, in accordance with fact, or the decision is erroneous. A.
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