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 1268

I, 135
DEBTS; DOCUMENTS.
75
pay his debt, the king shall compel him to pay it by forcible means, and shall take five in the hundred for himself.
133. If the debtor acknowledges the debt with his own mouth, the king shall take from him ten per cent. (of the debt) as a fine; and twice as much (i. e. twenty per cent.) if he has been convicted (after denial of the debt).
134. If the debtor, owing to a calamity, has not means sufficient to discharge the whole debt, (the claim of the creditor) shall be entered in a legal document, specifying the caste (of the creditor and debtor), their names, and the names of their neighbours.
10. Documents. *135. Documents should be known to be of two sorts : (the first), in the handwriting of the party him
133. If the debtor, when impeached by the creditor, acknow. ledges the debt himself, the king shall take 10 per cent. only. If, however, the debtor had undergone the trouble of proving the correctness of his demand against the creditor, the king shall take from him twice as much, i.e. 20 per cent. A. Manu VIII, 139; Yâgñavalkya II, 42; Vishnu VI, 20, 21.
134. If a debtor, who has been cast in a suit, has not means sufficient to discharge the whole debt, he shall give a written bond. A. The meaning of the obscure terms gâti, samgna, adhivâsa may be gathered from a text of Brihaspati, which is quoted in Nandapandita's Vaigayanti (MS.) III, 74. There these three terms occur in an enumeration of ten points which have to be noticed in a written deed concerning landed property. According to Nandapandita, gâti denotes the caste, Brahmanical or other, of the plaintiff and defendant; samgñá denotes their names, as e. g. Devadatta ; adhivasa refers to the names of their neighbours.
135. A document in the handwriting of the party himself has the advantage of being valid without subscribing witnesses. The cus
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