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78
NARADA.
I, 143.
into another country, or burnt, or badly written, or stolen, a delay must be granted, in case it should exist still; if it be no longer in existence, the evidence of those who have seen it decides the matter.
143. If a doubt should subsist, as to whether a certain document be authentic or fabricated, its authenticity has to be established by examining the handwriting (of the party), the tenour of the document, peculiar marks, circumstantial evidence, and the probabilities of the case.
* 144. If a document is signed by a stranger and
court to discharge a certain debt, on the strength of a bond signed by himself, says: It is true. I had written that document. However, the money was not handed over to me, and I omitted to cause the document to be torn, because it did not happen to be at hand. A few days later the father of my would-be creditor informed me that he had lost the bond and could not find it anywhere; that, however, he was going to give me a written deed recording its loss. So he actually did, and I have deposited that written deed in a certain box while living in that house.' If the debtor pleads an excuse of this sort, he must be allowed some delay to search for the document in question. If it is no longer in existence, the statements of those who saw it shall decide the matter. A.
143. The handwriting,' another specimen of the handwriting of the party. "The tenour of the document,' the names of the subscribing witnesses. Peculiar marks,' flourishes in the handwriting of the scribe. 'Circumstantial evidence,''these two facts go together,' or 'they do not go together. The probabilities of the case,' 'how has he got hold of this document?' or 'is he nervous or is his manner of speaking composed and quiet ?' By such expedients as these shall doubts regarding the genuineness of a document be removed. A. Vishnu VII, 12; Yâgñavalkya II, 92.
144. If a document has passed by purchase or acceptance from the original owner, who signed it, into the possession of a stranger, who claims the loan recorded in it from the debtor, the judge must examine the document. Kalyanabhatta has composed three verses in explanation of the technical terms âgama, sambandha, and hetu. Sambandha, 'connexion,' according to him, may be founded on descent, caste, marriage, friendship, and social intercourse.
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