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well as a fine equivalent to a tenth of the amount. 77. The lowminded man who, although he has knowledge (of the facts), declines to give his testimony, is, in sin, on a par with false witnesses; so is he, in his punishment. 78. In case of conflicting testimony, what is stated by the majority (of the witnesses) must be credited; if the numbers be equal, then those of the witnesses who are of distinguished qualities[157] must be credited; if again, these are in contradiction, then the most distinguished shall be credited.[158] 79. That party (to the suit) whose assertion the witnesses have verified, succeeds; that one whose assertion the witnesses have disproved, is defeated. 80. Although proof has been given by witnesses, yet, if others of more distinguished qualities or in number twice as many give opposite testimony, the first witnesses should be held as false ones. 81. As well they who suborn as they who give false testimony are to be severally fined in double the value of the suit:[159] a brahman, in such case, shall be banished.[160] 82. [The witness] who, after he has been addressed[161] [by the judge, yet] being blinded by passion, withholds his testimony,--he shall pay eight times the [ordinary] fine: in case of a brahman, he shall suffer banishment.[162] 83. Should it happen that the testimony of a witness must occasion the death of a person, whatever the cast of the latter,--the witness shall, in such case, speak untruth.[163] For their purification [after giving such false testimony] the twice-born must make oblation to SARASWATI.[164] 84. If any settlement have been mutually come to [between debtor and creditor], a written instrument should be drawn up before witnesses, the first mention being of the creditor. 85. In it should be written the date, _viz._ year, month, half month, day, also the name, cast, family, the Veda-school, and father's name, of each party, &c.[165] 86. This being completed, the debtor shall subscribe with his signature [a declaration, as follows]:--"What is written above, I, the son of such an one, agree to." 87. Then the witnesses, all being equal in grade, shall, after their fathers' names, write, with their own hands respectively: "I, such an one, am a witness." 88. And the writer shall subscribe at the foot, as follows:--"This has been written, at the request of both parties, by me, such an one, the son of such an one." 89. An instrument, entirely in
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