First Title. The Law Of Debt. 3. Property : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 3. Property. 43. 43 All transactions depend on wealth. In order to acquire it, exertion is necessary. To preserve it, p. 53 to increase it, and to enjoy it: these are, successively, the three sorts of activity in regard to wealth. 44. 44...
First Title. The Law Of Debt. 2. Valid : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 2. Valid And Invalid Transactions. 26. The sages declare that the transactions of a woman have no validity, especially the gift, hypothecation, or sale of a house or field. 27. Such transactions are valid when they are sanctioned by...
Fragments Of Bri And IHaspati. Xvi. Master : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XVI. MASTER AND SERVANT. 1. 1 What may not be given and kindred subjects have been declared; the law of servants shall be propounded next. (There) the title of Breach of Promised Obedience is treated first. p. 344 2. The titles...
Fragments Of Bri And IHaspati. Xxi. Assault : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XXI. ASSAULT. 1. 1 Injuring (a man) with a hand, stone, club, or (throwing at him) ashes, or mud, or dust, or (attacking him with) a weapon, is termed assault. 2. 2 Throwing ashes or the like (at a man), or striking him with a h...
Second Title Of Law. Deposits : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], SECOND TITLE OF LAW. DEPOSITS. * 1. 1 Where a man entrusts any property of his own with another in confidence and without suspicion, it is called by the learned a Deposit, a title of law. 2. 2 A sensible man should make a deposit with one...
Fragments Of Bri And IHaspati. I. Constituti : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 277 B"RI"HASPATI. I. CONSTITUTION OF A COURT OF JUSTICE. 1. 1 In former ages men were strictly virtuous and devoid of mischievous propensities. Now that avarice and malice have taken possession of them, judicial proceedings have been...
Title Page : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], THE MINOR LAW-BOOKS TRANSLATED BY JULIUS JOLLY PART I (There were no successive parts issued in this set.--JBH.) NRADA. B"RI"HASPATI Oxford: The Clarendon Press [1889] Scanned, proofed and formatted by John Bruno Hare , April 2008. This...
First Title. The Law Of Debt. 12. Incompetent : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 12. Incompetent Witnesses. * 157. The incompetent witnesses, too, have in this law-book been declared by the learned to be of five sorts: under a text of law, and on account of depravity, of contradiction, of uncalled-for depositi...
Eighteenth Title Of Law. Miscellaneous : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], EIGHTEENTH TITLE OF LAW. MISCELLANEOUS. * 1. 1 Under the head of Miscellaneous (Disputes) are comprised lawsuits depending on the king, (such as) transgression of the king's commandments and obedience towards his injunctions, * 2. 2 Grants...
Introduction To Narada : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. x p. xi INTRODUCTION TO NRADA. The Nrada-sm"ri"ti or Nradya Dharma"s"stra firstSupposed origin of the Code of Manu. attracted attention nearly a century ago by being quoted in the Preface to Sir W. Jones's celebrated translati...
First Title. The Law Of Debt. 16. Valid Evidence : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 16. Valid Evidence. 229. 229 Where there is conflicting evidence, the plurality of witnesses decides the matter. If the number of witnesses is equal (on both sides), the testimony of those must be accepted as correct, p. 96 whose veracity...
Eleventh Title Of Law. Boundary Disputes : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], ELEVENTH TITLE OF LAW. BOUNDARY DISPUTES. * 1. 1 Whenever (a decision has to be given) in regard to landed property, whether it be a dike (or bridge), a field, a boundary, a tilled piece of ground, or a waste, it is termed a Boundary...
First Title. The Law Of Debt. 17. Invalid Evidence : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 17. Invalid Evidence. 230. Where, however, an equal number of witnesses possessed of a good memory is found on both sides, the evidence of the witnesses is entirely valueless, on account of the subtle nature of the law of evidence. 231. But...
Quotations From Narada. Vii. Miscellaneous Laws : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], VII. MISCELLANEOUS LAWS. 1. 1 (Because fathers desire offspring, to be released from debt by their sons), therefore should a son begotten (by his father) give up his own property and assiduously redeem his father from debt, lest he should...
Quotations From Narada. Vi. Ordeals : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], VI. ORDEALS. 1. 1 Let (the defendant) touch the heads of his sons, wife, or friends; or else the (ordeal by) sacred libation (may be performed), whatever the nature of the charge may be. 2. 2 It is on the claimant that the duty of declaring...
First Title. The Law Of Debt. 14. False Witnesses : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 14. False Witnesses. 177. 177 Those must not be examined as witnesses who are interested in the suit, nor friends, nor associates, nor enemies, nor notorious offenders, nor persons tainted (with a heavy sin). * 178. 178 Nor a slave, n...
Eighth Title Of Law. Non Delivery Of A Sold : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], EIGHTH TITLE OF LAW. NON-DELIVERY OF A SOLD CHATTEL. * 1. When merchandise has been sold for a (certain) price and is not delivered to the purchaser, it is termed Non-delivery of a Sold Chattel, a title of law. * 2. Property in this world...
Quotations From Narada. Iii. The Answer : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], III. THE ANSWER. 1. 1 When a plaint of this description has been tendered by the plaintiff, the defendant shall deliver an answer corresponding to such plaint. 2. 2 That is called a (true) answer by those acquainted with the subject, which...
Fragments Of Bri And IHaspati. Iv. The Answer : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], IV. THE ANSWER. 1. 1 When the plaint has been well defined, a clear exposition given of what is claimed and what not, and the meaning of the plaint fully established, (the p. 293 judge) shall then cause the answer to be written (by...
Quotations From Narada. Iv. Writings : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], IV. WRITINGS AND POSSESSION. 1. 1 A writing (or document) should be signed by witnesses, the (natural) order of ideas and syllables should not be interrupted, local customs and general rules should be observed in it, and it should be...
Fifth Title Of Law. Breach Of A Contract : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 131 FIFTH TITLE OF LAW. BREACH OF A CONTRACT OF SERVICE. * 1. 1 If a man has promised to render service and fails to render it, it is termed Breach of a Contract of Service, a title of law. * 2. The sages have distinguished five sorts...
First Title. The Law Of Debt. 8. Sureties : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 8. Sureties. * 117. 117 The guarantee to be offered to a creditor may be twofold: a surety and a pledge. A document and (the deposition of) witnesses are the two modes of proof on which evidence is founded. * 118. 118 For appearance...
Untitled : * "It is truth which makes the earth bear all beings, truth which makes the sun rise. It is through truth that winds blow, and that the waters flow.--p. 93" This is a translation of the Hindu law books written about the sixth century CE by Narada and Brihaspati. These are later works th...
First Title. The Law Of Debt. 7. Usurers : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 7. Usurers. * 110. 110 Thus has the rule been declared for the interest to be paid on loans offered through friendship. If, however, interest be demanded on grain, at the rate which has been mentioned, it is termed usury. * 111. 111...
Introduction. Ii. The Plaint : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], II. THE PLAINT. 1. 1 The claimant, after having produced a pledge the value of which has been well ascertained, shall cause the plaint to be written. (He must have been impelled) to proffer his claim, by the nature of the claim, and must be...
Fragments Of Bri And IHaspati. Iii. The Plaint : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], III. THE PLAINT. 1. 1 The part called the declaration; the part called the answer; the part called the trial; and the part called the deliberation of the judges regarding the onus probandi: these are the four parts of a judicial proceeding...
Twelfth Title Of Law. The Mutual Duties : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], TWELFTH TITLE OF LAW. THE MUTUAL DUTIES OF HUSBAND AND WIFE. * 1. 1 That title of law in which the legal rules for women and men regarding marriage and the other p. 165 [paragraph continues] (mutual relations between them) are laid down is...
First Title. The Law Of Debt. 23. The Ordeal : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 23. The Ordeal By Poison. * 318. 318 Now I shall proclaim the excellent rule regarding the ordeal by poison: at what time, in what manner, and in what form it should be administered. * 319. 319 The exact quantity of the poison (to be given)...
First Title. The Law Of Debt. 15. Exhorting : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 15. Exhorting The Witnesses. * 198. 198 (The judge), after having summoned all the witnesses, and bound them down firmly by an oath, shall examine them separately. (They should be men) of tried integrity and conversant with...
First Title. The Law Of Debt. 5. Modes Of Proof : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 5. Modes Of Proof. * 68. Those invested with legal authority must pay strict attention to the (various) modes of proof. That even which is provable fails to be proved, if the (prescribed) modes of proof are not attended to. 69. 69 Documents...
Fragments Of Bri And IHaspati. Xviii. Rescissi : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XVIII. RESCISSION OF PURCHASE AND SALE. 1. 1 This set of rules concerning the law of agreements has been briefly stated; disputes arising from purchase and sale shall be treated next. 2. Two sorts of property are distinguished, immovable...
Quotations From Narada. I. Judicial Procedure : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 233 QUOTATIONS FROM NRADA. I. JUDICIAL PROCEDURE. 1, 2. 1 He is called a (Pr"d"vivka or) chief judge who--fully acquainted with the eighteen titles (of law) and with the eight thousand subdivisions ther, skilled in logic and other...
Fragments Of Bri And IHaspati. X. Ordeals : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 315 X. ORDEALS. 1. 1 A forger of gems, pearl, or coral, one withholding a deposit, a ruffian, and an adulterer, shall be tested by oaths or ordeals in every case. 2. In charges relating to a heavy crime or to the appropriati...
Fragments Of Bri And IHaspati. Xi : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XI. THE LAW OF DEBT. 1. 1 A creditor should never lend money without having first secured a pledge of adequate value, or a p. 320 deposit, or a trustworthy surety; nor without a bond written (by the debtor himself) or attested (by...
Sixth Title Of Law. Non Payment Of Wages : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], SIXTH TITLE OF LAW. NON-PAYMENT OF WAGES. * 1. A series of rules will be stated (next) for the payment and non-payment of labourers wages. It is termed 'Non-payment of Wages,' a title of law. * 2. 2 A master shall regularly pay wages...
Fragments Of Bri And IHaspati. Vi. The Judgment : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], VI. THE JUDGMENT. 1. 1 He is said to have gained his cause in this world who has proved his claim, and has been honourably dismissed by the chief judge and the other judges, and received a document recording his victory. 2. 2 Punishment...
Fragments Of Bri And IHaspati. Xix. Boundary : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XIX. BOUNDARY DISPUTES. 1. 1 This rule regarding rescission of purchase and sale has been declared. Hear the laws concerning boundaries of villages, fields, houses, and so forth. 2. 2 The determination of boundaries should be settled...
Ninth Title Of Law. Rescission Of Purchase : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], NINTH TITLE OF LAW. RESCISSION OF PURCHASE. * 1. When a purchaser, after having purchased an article for a (certain) price, repents (of the purchase made by himself), it is termed Rescission of Purchase, a title of law. * 2. When...
Tenth Title Of Law. Transgression Of A Compact : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], TENTH TITLE OF LAW. TRANSGRESSION OF A COMPACT. * 1. 1 The aggregate of the rules settled amongst heretics, followers of the Veda (Naigamas) and others, is called Samaya (compact, or established usage). Thus arises a title of law, termed...
First Title. The Law Of Debt. 21. The Ordeal : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 21. The Ordeal By Fire. * 285. 285 I will propound, next, the excellent law regarding the (ordeal by) fire. The interval between p. 109 every two circles is ordained to measure thirty-two Agulas. * 286. Thus the space covered by the eight...
Fragments Of Bri And IHaspati. V. The Trial : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], V. THE TRIAL. 1. 1 When litigants are quarrelling in a court of justice, the judges, after examining the answer, shall adjudge the burden of proof to either of the two parties. 2. The judges having heard both the plaint and the answer...
Abbreviations : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. xxiii ABBREVIATIONS. Aparrka = Aparrka's Commentary on the Y"g"avalkya-sm"ri"ti, Deccan College MS. pastamba, see Manu. Baudhyana, see Manu. Col. Dig. = Colebrooke's Digest of Hindu Law (translation of "G"aganntha's work). Dyabhga =...
First Title. The Law Of Debt. 10. Documents : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 10. Documents. * 135. 135 Documents should be known to be of two sorts: (the first), in the handwriting of the party himself; p. 76 [paragraph continues] (the second), in that of another person, (the former being valid) without subscribing...
Fragments Of Bri And IHaspati. Xiv. Concerns : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XIV. CONCERNS OF A PARTNERSHIP. 1. 1 Trade or other occupations should not be carried on by prudent men jointly with incompetent or lazy persons, or with such as are afflicted by an illness, ill-fated, or destitute. 2. A man should carry...
Quotations From Narada. V. Witnesses : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], V. WITNESSES. 1. 1 (By false evidence concerning land, a witness kills everything; beware, then, of giving false evidence concerning land.) In the case of (false evidence concerning) water, the consequence is said to be the same as for l...
Fragments Of Bri And IHaspati. Xx. Defamation : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XX. DEFAMATION. 1. 1 Injury (prushya) is declared to be of two kinds, harsh speeches and beating; each of these two kinds is again divided into three species, and the punishment is pronounced to be threefold. 2. 2 Abuse of the first...
Introduction. Iii. Courts Of Justice : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 36 III. COURTS OF JUSTICE. * 1. 1 One who has not been authorized must not speak on any account at the trial. But authorized persons must deliver their opinion in an unbiassed spirit. * 2. 2 Whether unauthorized or authorized, one...
Third Title Of Law. Partnership : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 124 THIRD TITLE OF LAW. PARTNERSHIP. * 1. Where traders or others carry on business jointly, it is called Partnership, which is a title of law. * 2. 2 Where several partners are jointly carrying on business for the purpose of g...
Narada. The Author's Preface : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 1 NRADA. THE AUTHOR'S PREFACE. 1. 1 Holy Manu, in order to promote the welfare of all beings, composed a book here, which was to become the foundation of the established rule of conduct. It was made up of twenty-four sections, on (1)...
First Title. The Law Of Debt. 4. Means : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 4. Means Of Livelihood For A Brahman In Times Of Distress. 56. 56 In times of distress, a Brahman is allowed to gain his substance in the mode prescribed for the caste next to him in rank; or he may gain his substance like a Vai"s"ya. But...
First Title. The Law Of Debt. 6. Lending : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 6. Lending Money At Interest. * 98. 98 A contract of delivery and receipt may be made with a view to the profit arising from Sthna. It is called Kusda (lending money at interest), and money-lenders make a living by it. p. 66 * 99. 99 Let...
Fragments Of Bri And IHaspati. Xxii. Robbery : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XXII. ROBBERY AND VIOLENCE. 1. 1 Homicide, theft, assault on another man's wife, and the two kinds of injury (abuse and assault) are the four species of violence (Shasa). 2. 2 Thieves are declared to be of two kinds, open and concealed...
Fragments Of Bri And IHaspati. Xv. Resumpti : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XV. RESUMPTION OF GIFTS. 1. 1 The system of rules relative to Concerns of a Partnership has been fully declared thus; the rules regarding what may, or may not, be given, valid, and invalid gifts, will be declared (next). p. 342 2. 2 Th...
First Title. The Law Of Debt. 26. The Ordeal : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 26. The Ordeal Of The Hot Piece Of Gold. 343. 343 Now I shall give a description of the ordeal of the hot piece of gold, which has been ordained by Brahman himself for the purpose of distinguishing virtue from vice. * 344. (The judge)...
First Title. The Law Of Debt. 22. The Ordeal : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 22. The Ordeal By Water. 304. I will now proclaim the excellent law regarding the (ordeal by) water, (which may be performed at all seasons) one after the other, excepting the winter and dewy seasons. * 305. 305 (This ordeal may be...
Fragments Of Bri And IHaspati. Ix. Possession : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], IX. POSSESSION. 1. 1 This set of rules regarding witnesses and documents has been propounded. The law concerning the acquisition of immovable property and possession will be proclaimed next. 2. Immovable property may be acquired in seven...
Fourteenth Title Of Law. Heinous Offences : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], FOURTEENTH TITLE OF LAW. HEINOUS OFFENCES. * 1. 1 Whatever act is performed by force (sahas) by persons inflamed with (the pride of) strength, is called Shasa (a heinous offence); sahas (force) means strength in this world. * 2. 2...
Thirteenth Title Of Law. The Law Of Inheritance : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], THIRTEENTH TITLE OF LAW. THE LAW OF INHERITANCE. * 1. 1 Where a partition of the paternal property p. 189 is instituted by the sons, it is called by the learned, Partition of Property, a title of law. * 2. 2 The father being dead, the sons...
Fragments Of Bri And IHaspati. Xxvii. Miscellaneous : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XXVII. MISCELLANEOUS (PRAKR"N"AKA). 1. 1 This (aggregate of rules concerning) lawsuits instituted by litigants has been briefly declared; I will declare (next the law concerning) Miscellaneous Causes instituted by the king (in person). p...
First Title. The Law Of Debt. 13. Six Cases : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 13. Six Cases Where Witnesses Are Unnecessary. * 172. However, six different kinds of proceedings have been indicated in which witnesses are not required. (Other) indications of the crime committed are substituted for the evidence...
First Title. The Law Of Debt. 25. The Rice Ordeal : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 25. The Rice Ordeal. * 337. 337 Now I will proclaim the rule regarding the grains of rice which have to be chewed (by the defendant). This rice ordeal should be administered in cases of larceny, but on no other occasion whatsoever. That is...
Fragments Of Bri And IHaspati. Xiii. Sale : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XIII. SALE WITHOUT OWNERSHIP. 1. 1 Immediately after deposits, sale by another person than the owner has been declared by Bh"ri"gu; listen attentively, I will expound that subject thoroughly. p. 335 2. 2 An open deposit, a bailment...
First Title. The Law Of Debt. 20. The Ordeal : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 20. The Ordeal By Balance. * 260. 260 Wise legislators conversant with every law have proclaimed, after mature consideration, the following rules regarding the mode of performing the ordeal by balance, which may be administered in every...
Seventeenth Title Of Law. Games : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], SEVENTEENTH TITLE OF LAW. GAMES. * 1. 1 Dishonest gambling with dice, small slices of leather, little staves of ivory, or other (games), and betting on birds, form (the subject of) a title of law called (Gambling with Dice and Betting...
First Title. The Law Of Debt. 24. The Ordeal : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 24. The Ordeal By Sacred Libation. * 327. 327 Now I shall proclaim the excellent rule regarding the ordeal by sacred libation, as it has been laid down, for all seasons indiscriminately, by learned men. * 328. 328 The consecrated water...
Appendix. Theft : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 223 APPENDIX. THEFT 1. 1. 1 Two kinds of robbers who steal the goods of others have to be distinguished, the one kind open, and the other kind concealed. Let a prudent king try to find them out. * 2. Open rogues are those who forge...
First Title. The Law Of Debt. 18. What H : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 18. What Has To Be Done In Default Of Both Witnesses And Documents. * 235. When, owing to the negligence of the creditor, both a written contract and witnesses are missing, and the opponent denies his obligation, three different methods may...
Fragments Of Bri And IHaspati. Vii. Witnesses : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 299 VII. WITNESSES. 1. 1 A subscribing witness, one caused to be written, a secret witness, one who has been reminded, a member of the family, a messenger, a spontaneous witness, an indirect witness, a stranger who has accidentally...
Fifteenth And Sixteenth Titles Of Law. Abuse : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 207 FIFTEENTH AND SIXTEENTH TITLES OF LAW. ABUSE AND ASSAULT. * 1. 1 Abusive speeches, couched in offensive and violent terms, regarding the native country, caste, family, and so forth (of a man), are termed Abuse, (a title of law.) * 2...
Fragments Of Bri And IHaspati. Xxv : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XXV. THE LAW OF INHERITANCE. 1. 1 After the death of both parents, division of the property among brothers has been ordained (to take p. 370 place). It may take place even in their lifetime, if the mother be past child-bearing. 2. 2 Houses...
Fragments Of Bri And IHaspati. Xxiv. Duties : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XXIV. DUTIES OF MAN AND WIFE. 1. 1 The whole set of commandments concerning adultery has thus been stated; listen to me proclaiming the conduct prescribed for man and wife. 2. 2 A woman must be restrained from slight transgressions even by...
Fragments Of Bri And IHaspati. Addenda : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 391 ADDENDA. P. 231, Appendix v. 56. This difficult text, together with an additional text, is quoted in a somewhat different, but equally faulty form, in the recently published last fasciculus of the Vivdaratnkara in the Bibliothec...
Introduction. I. Legal Procedure : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 5 INTRODUCTION. I. LEGAL PROCEDURE. * 1. 1 When mortals were bent on doing their duty alone and habitually veracious, there existed neither lawsuits, nor hatred, nor selfishness. * 2. The practice of duty having died out among mankind...
Fragments Of Bri And IHaspati. Introduction : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 268 p. 269 B"RI"HASPATI. p. 270 p. 271 INTRODUCTION TO THE FRAGMENTS OF B"RI"HASPATI. The fragments of B"ri"haspati are among the most precious relics of the early legal literature of India. Apart fromImportance of B"ri"haspati. their...
Fragments Of Bri And IHaspati. Xxiii. Adultery : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XXIII. ADULTERY. 1. 1 The two kinds of injury (abuse and assault) and the three kinds of violence have been declared. Learn the threefold (offence of) adultery, which is productive of sin. 2. The two first kinds of it are connected with...
First Title. The Law Of Debt. 9. Pledges : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 9. Pledges. * 124. 124 That to which a title is given (adhikriyate) is called a pledge. There are two kinds of it: a p. 73 pledge which must be redeemed within a certain time, and a pledge which must be retained till the debt has been...
Quotations From Narada. Ii. The Plaint : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], II. THE PLAINT. 1. The defects of a plaint have been declared as follows.. (It is defective, if it) relates to the property of a stranger; if it is without an object; if it does not state any quantity; if the mode of acquisition is not...
Fragments Of Bri And IHaspati. Xvii. Violati : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XVII. VIOLATION OF AGREEMENTS. 1. 1 Thus has been declared the law concerning the mutual relations between master and servant; learn now concisely the performance of agreements. 2. 2 Brahmans imbued with a knowledge of the Ved...
Fragments Of Bri And IHaspati. Viii. Documents : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], VIII. DOCUMENTS. 1. 1 The rule regarding the number of witnesses and their respective characteristics has been thus communicated to you; now I will state in order the laws regarding documents. 2. 2 Within a sixmonth's time even, doubts will...
Fragments Of Bri And IHaspati. Xii. Deposits : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XII. DEPOSITS. 1. 1 The Law of Debt, beginning with the delivery of a loan and ending with its recovery, has been declared. Hear, now, the complete set of rules concerning Deposits. 2. 2 When any chattel is deposited in the house of another...
First Title. The Law Of Debt. 1. Payment Of A Debt : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 41 FIRST TITLE OF LAW. THE LAW OF DEBT. 1. PAYMENT OF A DEBT. * 1. 1 Which debts must be paid, which other debts must not be paid; by whom, and in what form (they must be paid); and the rules of gift and receipt, (all that) is comprised...
First Title. The Law Of Debt. 11. Witnesses : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], 11. Witnesses. * 147. 147 In doubtful cases, when two parties are quarrelling with one another, the truth has to be p. 80 gathered from (the deposition of) witnesses, whose knowledge is based on what has been seen, heard, or understood by...
Fragments Of Bri And IHaspati. Xxvi. Gambling : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], XXVI. GAMBLING AND BETTING. 1. 1 Gambling has been prohibited by Manu, because it destroys truth, honesty, and wealth. It has been permitted by other (legislators) when conducted so as to allow the king a share (of every stake). 2. It shall...
Fourth Title Of Law. Resumption Of Gift : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 128 FOURTH TITLE OF LAW. RESUMPTION OF GIFT. * 1. 1 Where a man wishes to resume what he has given, because it has been unduly given by him, it is called Resumption of Gift, a title of law. * 2. 2 What may be given and what not, valid...
Seventh Title Of Law. Sales Effected : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], SEVENTH TITLE OF LAW. SALES EFFECTED BY ANOTHER THAN THE RIGHTFUL OWNER. * 1. 1 When property kept as a deposit, or the property of a stranger lost (by him) and found (by another man), or stolen articles, are sold in secret, it has to be...
Fragments Of Bri And IHaspati. Ii. General : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], II. GENERAL RULES OF PROCEDURE. 1. 1 This legal procedure is declared, however, to be divided into a number of branches. Hear, now, p. 283 its various divisions which may become the causes of lawsuits. 2. I will proclaim in due order...
First Title. The Law Of Debt. 19. Proof : * "The Minor Law Books (SBE33)", by Julius Jolly, [1889], p. 100 19. Proof By Ordeal. * 247. If no witness is forthcoming for either of the two litigant parties, he must test them through ordeals and oaths of every sort. * 248. 248 (Let him cause a Brahman to swear by) truth, (a Kshatriya) by his...
