________________
VII, 7.
WITNESSES.
299
VII. WITNESSES.
1. A subscribing witness, one caused to be written, a secret witness, one who has been reminded, a member of the family, a messenger, a spontaneous witness, an indirect witness, a stranger who has accidentally witnessed the deed,
2. The king, a chief judge, and the (people of the) village : thus have the twelve kinds of witnesses been declared. I am going to declare precisely in order their respective characteristics.
3. He is called a subscribing witness who enters in a deed his own as well as his father's caste, name, and so forth, and his place of residence.
4. He is termed one caused to be written, who has been distinctly entered in the deed, together with the details of the agreement, by the plaintiff when writing a contract of loan or another (contract).
5. He is called a secret witness who is made to listen to the speeches of the debtor, standing concealed behind a wall, (and relates them) just as they were spoken, (when the debtor tries to deny them.)
6. He is called one reminded who, after having been appointed and invited to be present at a transaction concerning a loan, deposit, purchase, or the like, is repeatedly reminded of it.
7. He is designed as a family witness who is appointed by both parties to witness a deed of partition, gift, or sale, being connected and on good
VII, 1, 2 a. May. p. 23. 2b-15. Viram. pp. 144, 145. 3. I read gâtinâmâdi, with Smritikandrika. 6. I read krayâdike, with Smritikandrika.
Digitized by Google