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290
LAWS OF MANU.
VIII, 199.
199. A gift or sale, made by anybody else but the owner, must be considered as null and void, according to the rule in judicial proceedings.
200. Where possession is evident, but no title is perceived, there the title (shall be) a proof (of ownership), not possession; such is the settled rule.
201. He who obtains a chattel in the market before a number (of witnesses), acquires that chattel with a clear legal title by purchase.
202. If the original (seller) be not producible, (the buyer) being exculpated by a public sale, must be dismissed by the king without punishment, but the former owner) who lost the chattel shall receive it (back from the buyer).
203. One commodity mixed with another must not be sold (as pure), nor a bad one (as good), nor less (than the proper quantity or weight), nor anything that is not at hand or that is concealed.
199. Nand. omits this verse, and inserts instead, 'He who ignorantly makes a sale without ownership shall be punished according to the above rule (i. e. be fined); but he who does it knowingly shall be punished like a thief. Når. has no trace of verse 199, but quotes the beginning of the verse just translated (anena vidhineti).
200. Nand. places this verse after 202. 201-202. Vi. V, 164-166; Yâgñ. II, 168–170.
202. Thus Medh., Kull., Nár., and Ragh. (Kull., however, taking sodhita, 'exculpated,' in the sense of niskita, determined.') But Gov. takes the first part differently. If the price cannot be produced by him (the seller)-because he has gone to another country—then the buyer must not be punished by the king, being held to be guiltless on account of the open sale, in accordance with the rule of the preceding verse;' similarly Nand. The difference is caused thereby that Gov. apparently objects to the explanation of mulam (mālyam, Nand.) by 'the original (seller). According to Kull. the buyer receives half the value from the original owner.
203. Yâgñ. II, 245. 'Concealed,' i.e.'in a cloth'(Medh., Nár.), or in the earth'(Nand.), or covered with paint' (Gov., Kull., Rågb.).
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