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 1264

I, 122.
DEBTS; SURETIES.
7
if they prove dishonest, the surety (for payment and for honesty) must pay the debt; and (so must the surety for appearance), if he fails to produce the debtor.
120. When there is a plurality of sureties, they shall pay each (proportionately), according to agreement. If they wete bound severally, the payment shall be made (by any of them), as the creditor pleases.
*121. Twice as much as the surety, harassed by the creditor, has given to the creditor), shall the debtor pay back to the surety.
122. By the mode consonant with religion, by legal
surety for payment. A. Manu VIII, 158-160; Yâgñavalkya II, 53; Vishnu VI, 41.
120. Where a number of sureties have promised each to pay a certain stipulated share of the debt, in case of the debtor's inability to discharge it himself, the liability of each surety does not extend beyond what has been promised by him. Where, however, all the sureties have declared their joint liability for the whole debt, the creditor may enforce payment from any one among them whom he thinks able to satisfy his demand. A. Yågñavalkya II, 55; Vishnu
VI, 42.
121. When, however, the surety, anxious to obtain twice the amount of the sum for which he has given security, should pay the sum to the creditor of his own accord, without being pressed to do so by the creditor, the debtor shall pay that sum only to him, and not the double sum. A. Yagñavalkya II, 56; Vishnu VI, 43.
122. Identical with Manu VIII, 49. According to Asahầya, four out of the five modes of recovery of a debt are equivalent to the traditional four means of obtaining success, viz. conciliation, division (bheda), presents, and violence. Thus,' the mode consonant with religion' means conciliation, i.e. gentle remonstrances. If these should prove of no avail, legal proceedings,' or division' (bheda), shall be resorted to, i.e. the debtor shall be threatened with a plaint in a court of justice. After that, 'presents' or 'fraud' should be adhibited, i.e. a false hope of fictitious gain shall be held out to the debtor. If this mode also should prove unsuccessful, force' or 'violence'
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