________________
XI, 43.
THE LAW OF DEBT.
327
39. For appearance, for confidence, for payment, and for delivering the assets of the debtor: it is for these four different purposes that sureties have been ordained by the sages in the system (of law).
40. The first says, “I will produce (that man);' the second (says), · He is a respectable man;' the third (says), 'I will pay the debt;' the fourth (says), 'I will deliver his assets.'
41. If the debtors fail in their engagements, the two first (sureties themselves, but not their sons) must pay the sum lent at the appointed time; both the two last (sureties), and in default of them their sons (are liable for the debt), when the debtors break their promise (to pay the debt).
42. The creditor should allow time for the surety to search for a debtor who has absconded ; a fontnight, a month, a month and a half, according to the distance of) the place (where he is supposed to be hiding himself).
43. (Sureties) must not be excessively harassed; they should be made to pay the debt by instalments;
39. Col. Dig. I, 4, 142; Vîram. p. 321; Viv. p. 27. The author of the last-mentioned work reads rine dravyârpane for rinidravyårpane, which reading he refers to as the traditional one, and defines the fourth kind of surety to be one who vouches for the return of articles lent for use, such as ornaments for a festivity.
40. May. p. 107. The first surety promises to produce a debtor, who is likely to abscond; the second vouches for the debtor's honesty, declaring that he is a virtuous man, who will not deceive the creditor; the third promises to pay the debt himself together with the interest, if the debtor should fail to pay it; the fourth promises to deliver his movable property, such as household furniture, in the same case.
41. May. p. 107. 42, 43. Vîram. pp. 323, 328; Col. Dig. I, 4, 148; Ratn. p. 45.
Digitized by Google