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264
LAWS OF MANU.
VIII, 58.
4201
being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited.
58. If a plaintiff does not speak, he may be punished corporally or fined according to the law; if (a defendant) does not plead within three fortnights, he has lost his cause.
59. In the double of that sum which (a defendant) falsely denies or on which the plaintiff) falsely declares, shall those two (men) offending against justice be fined by the king.
60. (A defendant) who, being brought (into court) by the creditor, (and) being questioned, denies (the debt), shall be convicted (of his falsehood) by at least three witnesses (who must depose) in the presence of the Brahmana (appointed by) the king.
61. I will fully declare what kind of men may be made witnesses in suits by creditors, and in what manner those (witnesses) must give true (evidence).
62. Householders, men with male issue, and indigenous (inhabitants of the country, be they) Kshatriyas, Vaisyas, or Sudras, are competent, when called by a suitor, to give evidence, not any persons whatever (their condition may be) except in cases of urgency.
58. If a plaintiff does not speak,' i.e. after bringing a suit' (Kull.). Corporal punishment is for heavy cases (Kull.).
59. Yâgñ. II, 59. 60. Thus Gov., Kull., Râgh., but the last words may also mean in the presence of the king and of the Brâhmanas.'
61-72. Âp. II, 29, 7; Gaut. XIII, 1-4; Vas. XVI, 28-30; Baudh. 1, 19, 13; VI. VIII, 7-9; Yâgñ. II, 68-72.
62. Medh. and Nar. refer the expression not any person whatever (their condition may be),'to such as volunteer to give evidence without being summoned. The cases of urgency' are those mentioned below, verse 69.
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