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im who asserts the elder title, are to be [first] examined: if that title be admitted,[58] then the witnesses of him who claims by subsequent title [shall be examined].[59] 18. Should the suit be accompanied by a wager, [the Court] shall compel the losing party to pay the fine [prescribed],[60] as well as his wager and his debt to the creditor. 19. Let the monarch, rejecting subtleties, conduct the trial of suits upon the merits: even merits, in the absence of proof, must fail of success in the suit. 20. If one plead a denial to a representation including several matters,[61] and one part be proved against him, the monarch shall compel him to pay the whole amount claimed: but what has not been previously declared [by the plaintiff][62] is inadmissible. 21. If two texts of the Law be opposed to each other, an argument founded on usage is of force; but the Dharma Sastra is of greater force than the Artha Sastra.[63] This is a settled rule. 22. Legal proofs are described as, writing, possession, and witnesses. In the absence of either of those, it is ordained, that some one of the ordeals is [to be resorted to.] 23. In all disputes where property is concerned, the last act is of greater force;[64] except in [cases of] pledge, gift,[65] and sale, when the first act is of greater force.[66] 24. If one see[67] his land in the possession of another[68] and say nothing, it is lost after twenty years; moveables after ten years:[69] 25. excepting pledges, boundary-limits, deposits with specification,[70] property of idiots and children, deposits without specification,[71] property of the monarch, of women, and of those learned in the Vedas. 26. One who appropriates[72] a pledge, &c., shall be compelled to restore to the owner his property, and to pay a fine of equal value, or according to his means,[73] to the monarch. 27. Acquisition by title[74] is stronger[75] than possession, unless this has come down from ancestors;[76] but acquisition by title is of no avail without possession for a short time.[77] 28. If one holding by title have it questioned [in a Court of justice], he must establish it by proof: but not so his son, nor his son's son; in their case, possession is of greater weight. 29. If one whose title is questioned die [pending the suit[78]], his heir must establish it by proof; in such case possession without title will not avail.[79] 30. Those appointed by the monarch,[80] communities,
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