FREE BOOKS

Author's List




PREV.   NEXT  
|<   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43  
44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   >>   >|  
the handwriting of the party, is to be received as proof, although it be not witnessed, unless procured by violence or by fraud.[166] 90. Payment of a debt incurred upon a writing, is obligatory only upon the debtor, his son, and grand-son;[167] but a pledge shall remain in use so long as the debt is unpaid. 91. If the instrument be in a foreign country, be illegibly written, be destroyed, faded, stolen, mutilated, burned, or torn, [the Court] shall direct a new one to be made. 92. The authenticity of a written instrument which is doubtful, is to be ascertained by [comparison with other] documents in the handwriting of the party &c.,[168] by [enquiry into] the probability of its having been obtained,[169] and [the mode of] its preparation, by [observation of] any marks, by [enquiry of] the relation [in which the parties stand to each other], and how the matter came about. 93. As often as the debtor makes a payment, either he shall write an indorsement to that effect on the document, or the creditor shall give a receipt under his hand. 94. When the debt is paid, [the debtor] shall cause the document to be torn up, or shall have another prepared, _viz._ of discharge. If the debt was incurred before witnesses, its payment should also be before witnesses.[170] 95. The scales, fire, water, poison, the sacred draught--these are the ordeals for exculpation,[171] in case of grave accusations, if the accuser be prepared to pay a fine. 96. When it is agreed on; one of the parties shall perform [the ordeal], the other be in readiness to pay the fine. Even without a fine, there shall be trial by ordeal in case of treason or great crime. 97. [The accused,] being summoned, shall, after bathing at sunrise and fasting, be made to go through the several ordeals, in presence of the monarch and the brahmans. 98. The scales are [the ordeal] for women, children, aged men, the blind, the lame, brahmans, and those afflicted with disease. Fire or water, or the seven barleycorns' weight of poison are [the ordeal] for a Sudra. 99. For a less value than a thousand _panas_, one shall not go through the ordeal of the [heated] iron plough-share, of poison, or of the scales: but in case of offence against the monarch or great crime, purifications[172] shall always be gone through. 100. When the accused has been placed in the scales by those who understand the art of weighing, a counter-weight adjusted, and a line drawn, he
PREV.   NEXT  
|<   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43  
44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   >>   >|  



Top keywords:

ordeal

 

scales

 
poison
 

debtor

 

brahmans

 

parties

 

payment

 
weight
 

enquiry

 

prepared


ordeals

 

accused

 

written

 

witnesses

 

monarch

 
document
 

handwriting

 
instrument
 

incurred

 

presence


witnessed

 

summoned

 

sunrise

 
fasting
 

treason

 

bathing

 
accusations
 

accuser

 
exculpation
 

violence


received
 
readiness
 
procured
 
agreed
 

perform

 

children

 

purifications

 

plough

 

offence

 

adjusted


counter

 
weighing
 

understand

 

heated

 

afflicted

 

disease

 

Payment

 
barleycorns
 
thousand
 

sacred