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BRIHASPATI.
XII, 12.
12. Should any (depositary) procure advantage for himself by an article deposited (with him), he shall be fined by the king, and compelled to pay its value together with interest.
13. He who, after receiving a deposit, denies the fact, and is convicted by the evidence of) witnesses or ordeal, shall be compelled to give up the deposit and to pay an equal amount as a fine.
14. When a dispute arises with regard to a deposit privately made, the performance of an ordeal is ordained for both parties, to establish the facts of the case.
15. The same set of rules applies in the case of a bailment for delivery (to a third person), a loan for use, an article delivered to an artist (such as gold delivered to a goldsmith to be worked by him into an earring), a pledge, and a person offering himself for protection.
XIII. SALE WITHOUT OWNERSHIP. 1. Immediately after deposits, sale by another person than the owner has been declared by Bhrigu; listen attentively, I will expound that subject thoroughly.
12. Ratn. p. 91; Col. Dig. II, 1, 31. The commentators observe that the use here referred to must have been made without the consent of the owner.
13. Ratn. p. 93; Col. Dig. II, 1, 45.
14. Ratn. p. 95; Vîram. p. 366. The term both parties' is used in order to imply that the ordeal may be performed either by the alleged depositor or depositary. Vfram.
15. May. p. 116; Ratn. p. 96; Viv. p. 54. 14, 15. Col. Dig. II, 1, 12. XIII, 1. Ratn. p. 101; Col. Dig. II, 2, 1.
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