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VIII, 166.
CIVIL AND CRIMINAL LAW; DEBTS. -
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affairs are fully known, the creditor may (in some cases) afterwards demand the debt (of the heirs)?
162. If the surety had received money (from him for whom he stood bail) and had money enough to pay), then (the heir of him) who received it, shall pay (the debt) out of his property; that is the settled rule.
163. A contract made by a person intoxicated, or insane, or grievously disordered (by disease and so forth), or wholly dependent, by an infant or very aged man, or by an unauthorised (party) is invalid.
164. That agreement which has been made contrary to the law or to the settled usage of the virtuous), can have no legal force, though it be established (by proofs).
165. A fraudulent mortgage or sale, a fraudulent gift or acceptance, and (any transaction) where he detects fraud, the (judge) shall declare null and void.
166. If the debtor be dead and (the money borrowed) was expended for the family, it must be paid by the relatives out of their own estate even if they are divided.
he became a surety (e. g. for appearance or good behaviour) being fully known' (Nâr., Rågh.).
162. Alamdhanah,'had money enough (to pay),' i.e.‘had received a sum equal to the loan contracted by him for whose appearance he stood surety' (Medh., Gov., Kull., Når.). According to Râgh. the adjective refers to the heir, and means if he has money enough to pay.' Nand. reads alakshitah, 'if a surety who received money be not found' (i.e. has died or disappeared, &c.).
163. Yâgñ. II, 32.
164. The sale of wife and children, giving away one's whole property, though one may have issue' (Medh.).
166. VI. VI, 39; Yâgñ. II, 45. The meaning is, as Nand. points out, that if a debt was contracted for the benefit of a united family,
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