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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