A Code of Gentoo Laws, by Nathaniel Brassey Halhed

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Part 1 of 3

CHAP. II. Of the Division of Inheritable Property.

When a Father, a Grandfather,* [A Grandfather, in this Translation, always means a Father's Father; a Grandson always means a Son's Son; and all the Terms of Affinity, when they occur, without any restriction, are to be applied to the Male Line of Kindred; when the Female Line intervenes, it is particularly specified in the Expression.] a Great-Grandfather, and any Relations of this Nature decease, or lose their Cast:, or renounce the World, or are desirous to give up their Property, their Sons, Grandsons, Great-Grandsons, and other natural Heirs, may divide and assume their Glebe Land, Orchards, Jewels, Coral, Cloaths, Furniture, Cattle, and Birds, and all the Estate, real and personal, of which the Persons thus circumstanced stand possessed; such Property is called Daie, meaning Property capable of being thus left and inherited.

SECT. I. Of Inheritance from a Father, a Grandfather, a Great-Grandfather, and such Kind of Relations.

If a Man dies, or renounces the World, or for any Offence is expelled from his Tribe, his Relations, and Kindred, or is desirous to give up his Property, all his Possessions, be they Land, or Money, or Effects, or Cattle, or Birds, go to his Son; if there be several Sons, they all shall receive equal Shares.

If the Son be dead, it goes to the Grandson; if there be but One Grandson, he shall obtain the whole; if there be several Grandsons, they shall divide it, and all shall receive equal Shares.

If there is no Grandson, it goes to the Grandson's Son; if there be but One Grandson's Son, he shall obtain the whole; if there be several Sons of the Grandson, they shall all receive equal Shares of it.

If from such a Man as above-mentioned there should have sprung Two, Three or more Sons, and One of them should die, leaving behind him One or more Sons, the Son, thus left, shall receive his Father's Share from his Uncles, in equal Proportion with them; if the Uncles be dead, he shall receive his Father's Share from his Uncle's Son.

If a Man's Father and Grandfather be dead, he shall receive his Grandfather's Share from his Grandfather's Brothers, in equal Proportion with them; if there be no Brother of his Grandfather alive, he shall receive it from that Brother's Son.

If a Man has neither Son, Grandson, nor Grandson's Son, all his Property goes to his adopted Son; if there be no adopted Son, it goes to the adopted Son's Son; if there be no adopted Son's Son, it goes to the adopted Son's Grandson.

If there be no adopted Son's Grandson, then, if the Property has already been divided among the Heirs, it goes to the Wife; if it has not been divided, it goes to the Brother; but the Wife shall receive Food and Cloaths.

This Ordination is according to the Pundits of Meet-hul, but Sewarteh Behtacharige, Jeimoot Bahun, and Sirree Kishen Terkalungkar, and others, speak to this Effect, viz. That if there be no Son, nor Grandson, nor Grandson's Son, then the Husband's Share of the Property, whether it has or has not been divided among the Heirs, shall go to his Wife; if he had several Wives, they all shall receive equal Shares; if there is but One Wife, she shall receive the whole.

This is a good Ordination, and is approved: If the Wife is not unchaste, and remains in her Husband's House, then she shall obtain her Husband's Effects; if she be unchaste, and continues not in her Husband's House, or if she continues in her Husband's House, though unchaste, then she shall not obtain her Husband's Effects.

A Woman may give to the Bramins any Part of the Effects which she inherited from her Husband, to promote his future happiness; if she gives the whole, the Gift is approved; but she is blameable: She may also sell or mortgage it, to procure herself the immediate Necessaries of Life.

If there be no Wife, the Property goes to the unmarried Daughter; if there is but One unmarried Daughter, she shall obtain the whole; if there are several unmarried Daughters, they all shall receive equal Shares.

If an unmarried Daughter, who has inherited her Father's Effects, should afterwards marry and die, leaving a Son, that Son shall obtain the whole Property: If she should die, leaving a Daughter, that Daughter shall not receive any Thing.

If she dies without having borne a Child, that Property does not go to her Husband, but in equal Shares to her Sisters who have Children, or are capable of Child-bearing: (Women are to be considered as capable of Child-bearing, till their monthly Courses entirely cease; when those Courses are finally closed, it is certain, that Women shall bear no more Children; and a Sister in this Condition shall not receive any Share:) If there be but One Sister, she shall obtain the whole; if there are several Sisters, they all shall receive equal Shares.

If there is no unmarried Daughter, then equal Shares shall go to the Daughter who has borne Children, and to the Daughter capable of Child-bearing; if there is but One Daughter thus circumstanced, she shall obtain the whole, but the barren Daughter, and the Daughter who is a childless Widow, receive Nothing; but if there be no Person belonging to the Family of the Husband of the barren Daughter, or to that of the childless Widow, or they should be distressed for the immediate Necessaries of Life, in that Case, they shall receive Food and Cloaths: And when it becomes certain, that the barren Daughter can never bear Children, she shall share in an Inheritance, according to the Ordination of Jeimoot Bahun, and Sirree Kishen Terkalungkar, and others; and this is a good Ordination, and is approved (or rather is customary in this Kingdom) but Pacheshputtee Misr speaks to this Effect, viz, That if there is no Daughter who has Children, or likely to have them, then Property shall go in equal Shares to the barren Daughter, and to the Daughter who is a childless Widow; if of these barren and widowed Daughters there be but One alive, she shall obtain the whole; if there be more, they shall receive equal Shares.

If there be no Daughter, it devolves upon the Daughter's Son; if there be but One Daughter's Son, he shall obtain the whole; if there are several Sons of the Daughter, they shall all receive equal Shares: This Ordination is according to Sewarteh Behtacharige, Jeimoot Bahun, Sirree Kishen Terkalungkar, and Gopaul Punchanun, and is approved: Gobind Raje says, "That, even during the Daughter's Life, it shall go the Daughter's Son."

If Daughters who have received Shares of an Inheritance should die, and leave Children behind them, as One Son be left by One Daughter, and Two or more by the Second, these Sons shall divide the Property among themselves, in equal Shares, like Brothers born of the same Parents.

If there be no Daughter's Son, it goes to the Father; if there be no Father, to the Mother; if there be no Mother, to the Brother born of the same Parents; if there be but One Brother, he shall obtain the whole; if there are several Brothers, they all shall have equal Shares.

If there be no Brother by the same Parents, it shall go to the Brother by a different Mother; if there is but One Brother, he shall have the whole; if there are several Brothers, they all shall have equal Shares.

If there be Three, Four, or more Brothers, and among them, Two are Brothers by Blood, and the rest, Brothers by a different Mother, who have all separated from each other, among these, if the Half-Brother returns to live as a Companion, and the Brother by Blood continues separate, then the Half-Brother who is the Companion, and the Brother by Blood who lives separate, shall inherit equal Shares; if both the Brother by Blood, and the Half-Brother, after Separation, return to be Companions, Property goes to the Brother by Blood, and not to the Half-Brother; if One Brother by Blood returns, after Separation, to be a Companion, and the other Brothers by Blood continue separate, then it goes to the Brother who returned to be a Companion; and those who did not return shall not receive any Thing.

If a Parcel of Land hath not been divided among Brothers, in that Case, both the Brother by Blood, and the Half-Brother, who, after Separation, have all returned again to live together, shall receive equal Proportion of such Land; also, if after Separation they have all continued to live separate, they all shall receive equal Shares: And this Ordination, respecting the Separation and Reunion of Brothers, and their Shares in consequence, holds good also with respect to the Descendants of the Brother by Blood, and the Descendants of the Half-Brother.

If there be no Brother, Property goes to the Son of the Brother by Blood; if there is but One Son of the Brother by Blood, he shall receive the whole; if there are several Sons, they all shall have equal Shares.

If there be no Son of the Brother by Blood, it goes to the Son of the Half-Brother; if there is but One Son of the Half-Brother, he shall receive the whole; if there are several Sons, they all shall have equal Shares.

If there be no Son of the Half-Brother, it goes to the Grandson of the Brother by Blood, and to the Grandson of the Half-Brother, in equal Shares; if among these there be but One Grandson, whether of the Brother by Blood, or of the Half-Brother, he shall receive the whole Estate; if there are several Grandsons, both of the Brother by Blood and of the Half-Brother, they shall receive equal Shares: This Ordination is according to Sewarteh Behtacharige, Jeimoot Bahun, and Gopaul Punchanun, and is approved (or customary in this Kingdom:) Sirree Kishen Terkalungkar says, "That in Case a Grandson of the Brother by Blood be alive, the Grandson of the Half-Brother shall not receive any Share of the Property."

If there be no Brother's Grandson, it goes to the Sister's Son; if there is but One Sister's Son, he shall receive the whole; if there are several Sister's Sons, they all shall have equal Shares.

If there be no Sister's Son, it goes to the Grandfather; if there is no Grandfather, it goes to the Father's Mother; if there be no Father's Mother, to the Paternal Uncle; if there be but One Paternal Uncle, he shall obtain the whole; if there are several Paternal Uncles, they all shall receive equal Shares.

If there be no Paternal Uncle, it goes to the Paternal Uncle's Son; if there be but One Paternal Uncle's Son, he shall receive the whole; if there are several Paternal Uncle's Sons, they all shall obtain equal Shares.

If there be no Paternal Uncle's Son, it goes to the Paternal Uncle's Grandson; if there be but One Paternal Uncle's Grandson, he shall obtain the whole; if there are several Paternal Uncle's Grandsons, they all shall receive equal Shares.

If there be no Paternal Uncle's Grandson, it goes to the Son of the Grandfather's Daughter; if there is but One Grandfather's Daughter's Son, he shall receive the whole; if there are several Grandfather's Daughter's Sons, they shall all receive equal Shares. If there be no Grandfather's Daughter's Son, it goes to the Son of the Paternal Uncle's Daughter; if there is but One Paternal Uncle's Daughter's Son, he receives the whole; if there are several Paternal Uncle's Daughter's Sons, they all shall obtain equal Shares.

If there be no Paternal Uncle's Daughter's Son, it goes to the Grandfather's Father; if there be no Grandfather's Father, to the Grandfather's Mother; if there be no Grandfather's Mother, to the Grandfather's Brother; if there is but One Grandfather's Brother, he obtains the whole; if there be several Grandfather's Brothers, they shall all receive equal Shares.

If there be no Grandfather's Brother, it goes to the Grandfather's Brother's Son; if there is but One Grandfather's Brother's Son, he shall obtain the whole; if there be several Grandfather's Brother's Sons, they all shall have equal Shares.

If there be no Grandfather's Brother's Son, it goes to the Grandfather's Brother's Grandson; if there is but One Grandfather's Brother's Grandson, he shall obtain the whole; if there are several Grandfather's brother's Grandsons, they all shall receive equal Shares.

If there be no Grandfather's Brother's Grandson, it goes to the Grandfather's Father's Daughter's Son; if there is but One Grandfather's Father's Daughter's Son, he shall receive the whole; if there are several Grandfather's Father's Daughter's Sons, they all shall receive equal Shares.

If there be no Grandfather's Father's Daughter's Son, it goes to the Mother's Father; if there be no Mother's Father, it goes to the Maternal Uncle; if there is but One Maternal Uncle, he shall receive the whole; if there are several Maternal Uncles, they shall all have equal Shares.

If there be no Maternal Uncle, it goes to the Maternal Uncle's Son; if there is but One Maternal Uncle's Son, he receives the whole; if there are several Maternal Uncle's Sons, they shall all have equal Shares.

If there be no Maternal Uncle's Son, it goes to the Maternal Uncle's Grandson; if there be but One Maternal Uncle's Grandson, he receives the whole; if there are several Maternal Uncle's Grandsons, they all shall obtain equal Shares.

If there be no Maternal Uncle's Grandson, it goes to the Grandson's Grandson; if there be but One Grandson's Grandson, he shall obtain the whole; if there are several Grandson's Grandsons, they shall all receive equal Shares.

If there be no Grandson's Grandson, it goes to the Grandson's Grandson's Son; if there be but One Grandson's Grandson's Son, he shall obtain the whole; if there be several Grandson's Grandson's Sons, they shall all receive equal Shares.

If there be no Grandson's Grandson's Son, it goes to the Grandson's Grandson’s Grandson; if there is but One Grandson's Grandson's Grandson, he shall obtain the whole; if there are several Grandson's Grandson's Grandsons, they all shall obtain equal Shares.

If there be no Grandson's Grandson's Grandson, it goes to the Grandfather's Grandfather; if there be no Grandfather's Grandfather, it goes to the Grandfather's Paternal Uncle; if there is but One Grandfather's Paternal Uncle, he shall obtain the whole; if there be several Grandfather's Paternal Uncles, they shall all receive equal Shares.

If there be no Grandfather's Paternal Uncle, it goes to the Grandfather's Paternal Uncle's Son; if there is but One Grandfather's Paternal Uncle's Son, he shall obtain the whole; if there are several Grandfather's Paternal Uncle's Sons, they shall all have equal Shares.

If there be no Grandfather's Paternal Uncle's Son, it goes to the Grandfather's Paternal Uncle's Grandson; if there is but One Grandfather's Paternal Uncle's Grandson, he shall have the whole; if there are several Grandfather's Paternal Uncle's Grandsons, they shall all receive equal Shares.

If there be no Grandfather's Paternal Uncle's Grandson, it goes to the Grandfather's Grandfather's Daughter's Son; if there is but One Grandfather's Grandfather's Daughter's Son, he shall receive the whole; if there are several Grandfather's Grandfather's Daughter's Sons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Daughter's Son, it goes to the Grandfather's Grandfather's Father; if there be no Grandfather's Grandfather's Father, it goes to the Grandfather's Grandfather's Brother; if there is but One Grandfather's Grandfather's Brother, he shall receive the whole; if there are several Grandfather's Grandfather's Brothers, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Brother, it goes to the Grandfather's Grandfather's Brother's Son; if there is but One Grandfather's Grandfather's Brother's Son, he shall receive the whole; if there be several Grandfather's Grandfather's Brother's Sons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Brother's Son, it goes to the Grandfather's Grandfather's Brother's Grandson; if there be but One Grandfather's Grandfather's Brother's Grandson, he shall obtain the whole; if there are several Grandfather's Grandfather's Brother's Grandsons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Brother's Grandson, it goes to the Grandfather's Grandfather's Father's Daughter's Son; if there is but One Grandfather's Grandfather's Father's Daughter's Son, he shall receive the whole; if there are several Grandfather's Grandfather's Father's Daughter's Sons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Father's Daughter's Son, it goes to the Grandfather's Grandfather's Grandfather; if there be no Grandfather's Grandfather's Grandfather, it goes to the Grandfather's Grandfather's Father's Brother; if there is but One Grandfather's Grandfather's Father's Brother, he shall obtain the whole; if there are several Grandfather's Grandfather's Father's Brothers, they shall all have equal Shares.

If there be no Grandfather's Grandfather's Father's Brother, it goes to the Grandfather's Grandfather's Father's Brother's Son; if there is but One Grandfather's Grandfather's Father's Brother's Son, he shall receive the whole; if there are several Grandfather's Grandfather's Father's Brother's Sons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Father's Brother's Son, it goes to the Grandfather's Grandfather's Father's Brother's Grandson; if there is but One Grandfather's Grandfather's Father's Brother's Grandson, he shall receive the whole; if there be several Grandfather's Grandfather's Father's Brother's Grandsons, they shall all have equal Shares.

If there be no Grandfather's Grandfather's Father's Brother's Grandson, it goes to the Grandfather's Grandfather's Grandfather's Daughter's Son; if there be but One Grandfather's Grandfather's Grandfather's, Daughter's Son, he shall obtain the whole; if there are several Grandfather's Grandfather's Grandfather's Daughter's Sons, they shall all receive equal Shares.

If there be no Grandfather's Grandfather's Grandfather's Daughter's Son, it goes then to any One of the Family who is the next near Relation; if there, be no near Relation, it goes to One of distant Affinity; if there be none of these also, then the Magistrate shall obtain the Effects of the Chehteree, the Sooder, and the Bice; and the Property of the Bramin goes to the Person who gave the Deceased the Goiteree: (The Goiteree means a Charm, or Hindoo Incantation, which is taught the Bramin, at the Time of investing him with the Braminical Thread.)

In default of him, it goes to the Pupil whom the Deceased instructed in the Science of the Beids; if there is but One Pupil, he shall receive the whole; if there are several Pupils, they shall all receive equal Shares.

If there be no Pupil, it goes to the Fellow Student, with whom the Deceased learned the Science under the same Tutor; if there is but One Fellow Student, he shall receive the whole; if there are several Fellow Students, they shall all obtain equal Shares.

If there be no Fellow Student, it goes to the learned Bramin of the Village where the deceased Bramin had his Residence; if there is no learned Bramin there, the unlearned Bramins in that Village shall obtain it; if there are no Bramins in that Village, the Bramins living in the Environs of that Village shall receive it,

The Magistrate shall never receive the Effects of a Bramin.

SECT. II. Of Dividing the Property of the Berhemcharry, the Sinassee, and the Ban Perust.

If a Berhemcharry dies, the Man who taught the Deceased the Incantation Goiteree shall obtain his Effects; in default of him, another Berhemcharry shall receive them.

He is called a Berhemcharry, who, after assuming the Braminical Thread, remains in the Desart Twelve Years, in the Presence of his Theological Instructor, applying himself to the Study of the Science of the Beids, and who, in all that Time, sees the Face of Men of no other Tribe, but only of the Bramins, and who employs himself wholly in the Worship of God.

If a Sinassee dies, his Effects go to his Pupil in Religion; in default of him, to another Sinassee.

He is a Sinassee, who, after assuming the Braminical Thread, cuts and shaves all the Hair from his Head, burns the Braminical Thread, and cloathing himself in Two Red Cloths, and, carrying a Bamboo Staff of his own Height, in his Right-Hand, and an Earthen Pot in his Left, forsakes his Wife and Children, and becomes a Fakeer.

If a Ban Perust dies, the Man who was his Fellow Worshipper, in the same consecrated Ground, shall receive his Property; in default of him, it shall go to another Ban Perust.

He is a Ban Perust, who, after the Expiration of his Fiftieth Year of Life, renounces the World, and, dedicating himself wholly to the Worship of God in the Desart, returns no more to his own House.

SECT. III. Of a Woman s Property.

That is called a Woman's Property, First, Whatever she receives during the Ayammi Shadee (or Days of Marriage.)

The Ayammi Shadee begins with the Nandee Mookheh, (the Nandee Mookheh is when the Bridegroom, before the Marriage Exhortation is pronounced, performs the Fateheh Buzurgwar* [The Fateheh Buzurgwar is an Offering made by a Man to the Priests, for the Repose of the Souls of his Father, his Grandfather, &c.]) and ends with the Puntubbee-baden, that is, the Salute of Respect made to the Bridegroom by the Bride. The Space of Time, thus limited, is called the Ayammi Shadee.

Whatever she may receive from any Person, as she is going to her Husband's House, or coming from thence.

Whatever her Husband may at any Time have given her; whatever she has received at any Time from a Brother; and whatever her Father and Mother may have given her.

Whatever her Husband, on his contracting a Second Marriage, may give her, to pacify her.

Whatever a Person may have given a Woman for Food or Cloathing.

Whatever Jewels, or Wearing-Apparel, she may have received from any Person.

Also, whatever a Woman may receive from any Person, as an Acknowledgment, or Payment, for any Work performed by her.

Whatever she may by Accident have found any where.

Whatever she may gain by Painting, Spinning, Needle-Work, or any other Employment of this Kind.

Except from One of the Family of her Father, One of the Family of her Mother, or One of the Family of her Husband, whatever she may receive from any other Person.

Also, if the Father or Mother of a Girl give any Thing to their Son-in-Law, saying, at the same Time, "This shall go to our Daughter," and even without any Words to this Purpose, at the Time of making the Gift, if they merely have it in their Intentions, that the Thing thus given should revert to their Daughter: All and every of these Articles are called a Woman's Property.

If among these Articles here specified, a Woman's Husband should have given her Glebe Land, Orchards, or Houses, if she has gained any Thing by her own Industry, in Painting, Spinning, Needle-Work, and such Employments, and, exclusive of the Family of her Father, her Mother, or her Husband, if she has received any Thing from any other Person, these Things, thus received, are not in her own Disposal; all her other Effects, except whit is gotten by the Three Methods above-mentioned, may be disposed of in any Manner agreeable to her own Inclinations; but of Glebe Land, Orchards, and Houses, of the Money gained by Painting, and such Employments, and of the Presents given her by Strangers, (lie has not the Right of Disposal: And if a Woman does not leave her Property acquired by these Three Methods, or by the other Means already specified, to her Father, her Brother, or her Son, they shall not obtain it.

If, during the Time of a Famine, or for the Execution of some religious Purpose, or on Account of Sickness, or to satisfy the importunate Demands of a Creditor, who has proceeded so far as to seize his Debtor, and confine him without Victuals, the Husband should appropriate to himself his Wife's Property, without her Leave, he is justifiable, nor is he obliged to return or repay what is so appropriated; but in Times of Plenty and Prosperity, he has not Power to take it; and if in Times of Plenty he takes it without Leave of his Wife, he shall repay her both Principal and Interest; if he takes it by her Consent, he shall only return what he originally borrowed.

If a Man takes the Property of One of his Wives, and remains attached to a Second, without behaving with proper Civility to the First, the Magistrate shall cause her Property to be restored to her.

If a Husband neglects to give his Wife necessary Victuals and Apparel, she shall procure them by any Means in her Power.

Whatever Woman be of a Disposition altogether malevolent, or wanting in female Modesty or careless of her Property, or unchaste, such Woman is incapable of possessing what has been specified to be a Woman's Property.

SECT. IV. Of the Inheritance of a Woman's Property.

When a Woman dies, then whatever Effects she acquired during the Ayammi Shadee, even though she hath a Son living, shall first go to her unmarried Daughter; if there is but One unmarried Daughter, she shall obtain the whole; if there are several unmarried Daughters, they all shall have equal Shares.

And an unmarried Daughter, who has inherited her Mother's Effects, and afterwards marries, if she should die without having borne a Son, those Effects do not go to her Husband, but the Sisters of the said Daughter shall obtain them; if the Daughter should leave a Son, at her Death, that Son shall receive an equal Share of his Mother's Property from her Sisters.

If there be no unmarried Daughter, then it shall go in equal Shares to the Daughter who has Children, and to the Daughter who will have Children; of these, if there is but One Daughter, she shall obtain the whole Property; if there are several Daughters, they shall all receive equal Shares.

If there arc none of these, then it shall go in equal Shares to the barren Daughter, and to the Daughter who is a childless Widow.

If there are no barren Daughters or childless Widow, it shall go to the Son; if there is but One Son, he shall obtain the whole; if there are several Sons, they shall all receive equal Shares.

If there be no Son, it goes to the Daughter's Son; if there is but One Daughter's Son, he receives the whole; if there are several Daughter's Sons, they shall have equal Shares.

If there be no Daughter's Son, it goes to the Grandson, i.e. Son's Son; if there is but One Grandson, he receives the whole; if there are several Grandsons, they all obtain equal Shares.

If there be no Grandson, it goes to the Grandson's Son; if there be but One Grandson's Son, he shall receive the whole; if there are several Grandson's Sons, they all obtain equal Shares.

If there be no Grandson's Son, it goes to the Husband's Son by another Wife; if there is but One Son of the Husband by another Wife, he shall obtain the whole; if there are several Sons of the Husband by another Wife, they all receive equal Shares.

If there be no Son of the Husband by another Wife, it goes to the Grandson of the Husband by another Wife; if there is but One Grandson of the Husband by another Wife, he obtains the whole; if there are several Grandsons of the Husband by another Wife, they shall all receive equal Shares.

If there be no Grandson of the Husband by another Wife, it goes to the Grandson 's Son of the Husband by another Wife; if there is but One Son of the Grandson of the Husband by another Wife, he shall receive the whole: if there be several Grandson's Sons of the Husband by another Wife, they shall all receive equal Shares.

If there be no Grandson's Son of the Husband by another Wife, then, in Five of the Forms of Marriage, whatever Property a Woman may have acquired, after her Death, goes to her Husband.

Explanation of those Five Forms of Marriage.  

I. Berameh.
II. Deeyb.
III. Arsh.
IV. Kandehrub.
V. Perajaput.

First. Berameh, so called, when a Father, with much Entreaty and Importunity, has procured a Bridegroom of Distinction, and, on that Account, making magnificent Nuptial Presents, marries him to his Daughter.

Second. Deeyb, so called, when the Jugg is first performed: (The Jugg is thus celebrated; they pitch a Tent upon a select Spot of Ground, and make a Fire there; then they pour Ghee upon the Fire, uttering at the same Time certain Prayers to their Deities: For the Duchneh of this Ceremony, the Parents deck out their Daughter with fine Ornaments and handsome Cloaths, and give her in Marriage to the Bramin: The Duchneh is that Present which a Man gives to a Bramin whom he has procured to pray for him; in this Case, the Daughter is in lieu of that Present.)

Third. Arsh, so called, when the Parents of a Girl receive One Bull and One Cow from the Bridegroom, on his marrying their Daughter.

Fourth. Kandehrub, so called, when a Man and Woman, by mutual Consent, interchange their Necklaces, or Strings of Flowers, and both make Agreement, in some secret Place; as for Instance, the Woman says, "I am become your Wife," and the Man says, "I acknowledge it."

Fifth. Perajaput, so called, when the Parents of a Girl, upon her Marriage, say to the Bridegroom, "Whatever Act of Religion you perform, perform it with our Daughter," and the Bridegroom assents to this Speech.

If there be no Husband, a Woman's Property goes to her Brother; if there is but One Brother, he shall obtain the whole; if there are several Brothers, they all have equal Shares.

If there be no Brother, it goes to her Mother; if there be no Mother, it goes to her Father.

And under the other Three Forms of Marriage, whatever Property a Woman has acquired, if there be no unmarried Daughter, nor other Heirs, till after the Grandson's Son of the Husband by another Wife, as hath been already specified, after her Death, goes to her Mother; if there be no Mother, it goes to her Father; if there be no Father, to her Husband.  

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Part 2 of 3

Explanation of the other Three Forms of Marriage.

I. Ashore.
II. Rakhus.
III. Peishach.

First. Ashore, so called, when a Man gives Money to a Father and Mother, on his marrying their Daughter, and also gives something to the Daughter herself.

Second. Rakhus, so called, when a Man marries the Daughter of another, whom he has conquered in War.

Third. Peishach, so called, when, before Marriage, a Man, coming in the Dress and Disguise of a Woman, debauches a Girl, and afterwards the Mother and Father of the Girl marry her to the same Man.

After this Account of a Woman's Heirs, under the Eight different Forms of Marriage, which have been explained in Two Sections, if none, within the Limitations there specified, should remain, then the Property of a Woman goes, after her Death, to her Husband's Younger Brother; if there is but One Younger Brother, he receives the whole; if there are several Younger Brothers, they all obtain equal Shares.

If there be no Younger Brother of her Husband, it goes in equal Shares to the Son of her Husband's Younger Brother, and to the Son of her Husband's older Brother.

If there be none of these, it goes to her Sister's Son, if there is but One Sister's Son, he receives the whole; if there are several Sister's Sons, they shall all have equal Shares.

If there be no Sister's Son, it goes to her Husband's Sister's Son; if there is but One Husband's Sister's Son, he receives the whole; if there are several Husband's Sister's Sons, they all have equal Shares.

If there be no Husband's Sister's Son, it goes to her Brother's Son; if there is but One Brother's Son, he receives the whole; if there are several Brother's Sons, they shall all have equal Shares.

If there be no Brother's Son, it goes to her Daughter's Husband; if there is but One Daughter's Husband, he shall receive the whole; if there are several Daughter's Husbands, they shall all obtain equal Shares.

If there be no Daughter's Husband, it goes to her Husband's Father; if there be no Husband's Father, it goes to her Husband's Elder Brother; if there is but One Elder Brother of her Husband, he receives the whole; if there are several Elder Brothers of the Husband, they all obtain equal Shares.

If there be no Elder Brother of her Husband, it goes to her Husband's Brother's Grandson; if there is but One Husband's Brother's Grandson, he shall receive the whole; if there are several Husband's Brothers Grandsons, they all have equal Shares.

If there be no Husband's Brother's Grandson, it goes to the Husband's Grandfather;  if there be no Grandfather of her Husband, it goers to the Husband's Paternal Uncle; if there is but One Paternal Uncle of her Husband, he shall receive the whole; if there are several Husband's Paternal Uncles, they all shall obtain equal Shares.

If there be no Husband's Paternal Uncle, it goes to her Husband's Paternal Uncle's Son; if there is but One Husband's Paternal Uncle's Son, he shall receive the whole; if there are several Husband's Paternal Uncle's Sons, they shall all obtain equal Shares.

If there be no Husband's Paternal Uncle's Son, it goes to her Husband's Paternal Uncle's Grandson; if there is but One Husband's Paternal Uncle's Grandson, he shall obtain the whole; if there are several Husband's Paternal Uncle's Grandsons, they shall all receive equal Shares.

If there be no Husband's Paternal Uncle's Grandson, it goes to her Husband's Grandfather's Father; if there be no Husband's Grandfather's Father, it goes to her Husband's Grandfather's Brother; if there is but One Brother of her Husband's Grandfather, he receives the whole; if there are several Husband's Grandfather's Brothers, they shall all receive equal Shares.

If there be no Husband's Grandfather's Brother, it goes to her Husband's Grandfather's Brother's Son; if there is but One Husband's Grandfathers Brother's Son, he obtains the whole, if there are several Husband's Grandfather's Brother's Sons, they shall all receive equal Shares.

If there is no Husband's Grandfather's Brothers Son, it goes to her Husband's Grandfather's Brother's Grandson; if there is but One Husband's Grandfather's Brother's Grandson, he receives the whole; if there are several Husband's Grandfather's Brother's Grandsons, they all have equal Shares.

If there be no Husband's Grandfather's Brother's Grandson, it goes to her Husband's Grandson's Grandson; if there is but One Husband's Grandson's Grandson, he obtains the whole; if there are several Husband's Grandson's Grandsons, they all receive equal Shares.

If there be no Husband's Grandson's Grandson, it goes to her Husband's Grandson's Grandson's Son; if there is but One Husband's Grandson's Grandson’s Son, he receives the whole; if there are several Husband's Grandson's Grandson's Sons, they shall all obtain equal Shares.

If there be no Husband's Grandson's Grandson's Son, it goes to the Husband's Grandson's Grandson's Grandson; if there is but One Husband's Grandson's Grandson's Grandson, he shall obtain the whole; if there are several Husband's Grandson's Grandson's Grandsons, they all have equal Shares.

If there be no Husband's Grandson's Grandson's Grandson, it goes to her Husband's Grandfather's Grandfather; if there be no Husband's Grandfather's Grandfather, it goes to her Husband's Grandfather's Father's Brother; if there is but One Husband's Grandfather's Father's Brother, he shall receive the whole; if there are several Husband's Grandfather's Father's Brothers, they shall all obtain equal Shares.

If there be no Husband's Grandfather's Father's Brother, it goes to the Husband's Grandfather's Father's Brother's Son; if there is but One Husband's Grandfather's Father's Brother's Son, he obtains the whole; if there are several Husband's Grandfather's Father's Brother's Sons, they shall all receive equal Shares.

If there be no Husband's Grandfather's Father's Brother's Son, it goes to her Husband's Grandfather's Father's Brother's Grandson; if there is but One Husband's Grandfather's Fathers Brother's Grandson, he shall obtain the whole; if there are several Husband's Grandfather's Father's Brother's Grandsons, they shall all receive equal Shares.

If there be no Husband's Grandfathers Father's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Father; if there be no Husband's Grandfather's Grandfather's Father, it goes to her Husband's Grandfather's Grandfather's Brother; if there is but One Husband's Grandfather's Grandfather's Brother, he takes the whole; if there are several Husband's Grandfather's Grandfather's Brothers, they all receive equal Shares.

If there be no Husband's Grandfather's Grandfather's Brother, it goes to her Husband's Grandfather's Grandfather's Brother's Son; if there be but One Husband's Grandfather's Grandfather's Brother's Son, he receives the whole; if there are several Husband's Grandfather's Grandfather's Brother's Sons, they shall all obtain equal Shares.

If there be no Husband's Grandfather's Grandfather's Brothers Son, it goes to her Husband's Grandfather's Grandfather's Brother's Grandson; if there is but One Husband's Grandfather's Grandfather's Brother's Grandson, he shall obtain the whole; if there are several Husband's Grandfather's Grandfather's Brother's Grandsons, they all shall have equal Shares.

If there be no Husband's Grandfather's Grandfather's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Grandfather; if there be no Husband's Grandfather's Grandfather's Grandfather, it goes to her Husband's Grandfather's Grandfather's Father's Brother; if there is but One Husband's Grandfather's Grandfather's Father's Brother, he shall obtain the whole; if there are several Husband's Grandfather's Grandfather's Father's Brothers, they all receive equal Shares.

If there be no Husband's Grandfather's Grandfather's Father's Brother, it goes to her Husband's Grandfather's Grandfather's Father's Brother's Son; if there is but One Husband's Grandfather's Grandfather's Father's Brother's Son, he shall receive, the whole; if there are several Husband's Grandfather's Grandfather's Father's Brother's Sons, they shall all have equal Shares.

If there be no Husband's Grandfather's Grandfather's Father's Brother's Son,, it goes to the Husband's Grandfather's Grandfather's Father's Brother's Grandson; if there is but One Husband's Grandfather's Grandfather's Father's Brother's Grandson, he obtains the whole; if there are several Husband's Grandfather's Grandfather's Father's Brother's Grandsons, they shall all obtain, equal Shares.

If there be no Husband's Grandfather's Grandfather's Father's Brother's Grandson, it then goes to any One of her Husband's Family who is the next near Relation; if there be no near Relations, it goes to any One of distant Affinity; if there, be none of these also, then the Magistrate shall obtain the Property of the Wife of a Chehteree, a Sooder, or a Bice: And the Property of the Wife of a Bramin goes to the learned Bramins of the Village where she had her Residence; if there are no learned Bramins in the Village, she shall give it to the unlearned Bramins; if also there be no unlearned Bramins there, she shall give it to the Bramins of the Environs.

The Magistrate shall never obtain the Property of a Bramin's Wife

The Property of a Woman (exclusive of what she received during the Ayammi Shadee, and exclusive of what her Father may have given her, before or after Marriage) goes, after her Death, to her unmarried Daughter, and to her Son, in equal Shares; if there is no Son, the Daughter obtains the whole; if there is no Daughter, the Son obtains the whole; if there are several of these, they shall all obtain equal Shares.

If there are none of these, then the Daughter who has borne Children, and the Daughter who will bear Children, shall receive equal Shares; if of these there is only One Daughter, she obtains the whole; if there are several, they all shall possess equal Shares.

If there are none of these, it goes to the Grandson (i.e. Son's Son) if there is but One Grandson, he receives the whole; if there are several Grandsons, they receive equal Shares.

If there is no Grandson, it goes to the Daughter's Son; if there is but One Daughter's Son, he obtains the whole; if there are several Daughter's Sons, they shall all obtain equal Shares.

If there is no Daughter's Son, it goes to the Grandson's Son; if there is but One Grandson's Son, he shall take the whole; if there are several Grandson's Sons, they shall all obtain equal Shares.

If there is no Grandson's Son, it goes to the Husband's Son by another Wife; if there is but One Son of the Husband by another Wife, he shall obtain the whole; if there are several Sons of the Husband by another Wife, they shall receive equal Shares.  

If there is no Son of the Husband by another Wife, it goes to the Grandson  of the Husband by another Wife; if there is but One Grandson by another Wife, he shall obtain the whole; if there are several Grandsons of the Husband by another Wife, they shall all receive equal Shares.

If there is no Grandson of the Husband by another Wife, It goes to the Grandson's Son of the Husband by another Wife; if there is but One Grandson’s  Son of the Husband by another Wife, he takes the whole; if there are several Grandson's Sons of the Husband by another Wife, they shall all receive equal Shares.

If there is no Grandson's Son of the Husband by another Wife, it goes to the barren Daughter, and to the Daughter who is a childless Widow, in equal Shares; if of these there is but One Daughter, she shall obtain the whole; if there are several Daughters, they must take equal Shares.

If there are none of these, then the Property of every Woman who was married according to any One of the Five first Forms of Marriage goes to her Husband; if there is no Husband, to her Brother; if there is but One Brother, he receives the whole; if there are several Brothers, they must take equal Shares.

If there is no Brother, it goes to her Mother; if there is no Mother, it goes to her Father; if there is no Father, then the Property of a Woman who was married according to any One of the Three last Forms of Marriage, goes, after her Death (if there be no Daughter or other Heir within the Limits already before-mentioned) to her Mother; if there is no Mother, to her Father; if there is no Father, it goes to her Husband.

If there be no Husband, then the Property of every Woman who was married according to anyone of the Eight Forms of Marriage goes, after her Death, to her Husband's Younger Brother; if there is but One Younger Brother of her Husband, he shall receive the whole; if there are several Younger Brothers of her Husband, they must take equal Shares.

If there Is no Younger Brother of her Husband, then it goes, in equal Shares, to her Husband's Elder Brother's Son, and to her Husband's Younger Brother's Son; if there is but One Son of her Husband's Elder Brother, or One Son of her Husband's Younger Brother, he shall take the whole; if there are several, they shall all receive equal Shares.

If there is no Son of her Husband's Younger Brother, nor Son of her Husband's Elder Brother, it goes to her Sister's Son; if there is but One Sister's Son, he shall take the whole; if there are several Sister's Sons, they shall all obtain equal Shares.

If there be no Sister's Son, it goes to her Husband's Sister's Son; if there is but One Husband's Sister's Son, he shall take the whole; if there are several Husband's Sister's Sons, they shall all receive equal Shares.

If there be no Husband's Sister's Son, it goes to her Brother's Son; if there is but One Person her Brother's Son, he shall take the whole; if there are several Brother's Sons, they all receive equal Shares.

If there is no Brother's Son, it gees to her Daughter's Husband; if there is but One Daughter's Husband, he shall receive the whole; if there are several Daughter's Husbands, they shall all obtain equal Shares.

If there is no Daughter's Husband, it gees to her Husband's Father; if there is no Husband's Father, it goes to her Husband's Elder Brother; if there is but One Elder Brother of her Husband, he shall take the whole; if there are several Elder Brothers of her Husband, they shall receive equal Shares.

If there is no Elder Brother of her Husband, it goes to her Husband's Brother's Grandson; if there is but One Husband's Brother's Grandson, he shall take the whole; if there are several Husband's Brother's Grandsons, they all have equal Shares.

If there is no Husband's Brother's Grandson, it goes to her Husband's Grandfather;  if there is no Husband's Grandfather, it goes to her Husband's Paternal Uncle;  if there is but One Paternal Uncle of her Husband, he shall receive the whole; if there are several Paternal Uncles of her Husband, they shall take equal Shares.

If there is no Paternal Uncle of her Husband, it goes to her Husband's Paternal Uncle's Son; if there is but One Son of her Husband's Paternal Uncle, he shall receive the whole; if there are several Sons of her Husband's Paternal Uncle, they receive equal Shares.

If there is no Husband's Paternal Uncle's Son, it goes to her Husband's, Paternal Uncle's Grandson; if there is but One Husband's Paternal Uncle's Grandson, he shall take the whole; if there are several Husband's Paternal Uncle's Grandsons, they shall receive equal Shares.

If there is no Husband's Paternal Uncle's Grandson, it goes to her Husband's Grandfather's Father; if there is no Grandfather's Father of her Husband, it goes to her Husband's Grandfather's Brother; if there is but One Brother of her Husband's Grandfather, he shall take the whole; if there are several Brothers of her Husband's Grandfather, they shall receive equal Shares.

If there is no Husband's Grandfather's Brother, it goes to her Husband's Grandfather's Brother's Son; if there is but One Son of her Husband's Grandfather's Brother, he shall take the whole; if there are several Sons of her Husband's Grandfather's Brother, they shall all receive equal Shares.

If there is no Husband's Grandfather's Brother's Son, it goes to her Husband's Grandfather's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Brother, he shall take the whole; if there are several Grandsons of her Husband's Grandfather's Brother, they shall receive equal Shares.

If there is no Husband's Grandfather's Brother's Grandson, it goes to her Husband's Grandson's Grandson; if there is but One Grandson of her Husband's Grandson, he shall take the whole; if there are several of her Husband's Grandson's Grandsons, they shall all receive equal Shares.

If there is no Husband's Grandson's Grandson, it goes to her Husband's Grandson's Grandson's Son; if there is but One Husband's Grandson's Grandson’s Son, he shall take the whole; if there are several Husband's Grandson's Grandson’s Sons, they shall receive equal Shares.

If there be no Husband's Grandson's Grandson's Son, it goes to her Husband's Grandson's Grandson's Grandson; if there is but One Husband's Grandson's Grandson's Grandson, he shall take the whole; if there are several Husband's Grandson's Grandson's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandson's Grandson's Grandson, it goes to her Husband's Grandfather's Grandfather; if there be no Husband's Grandfather's Grandfather, it goes to her Husband's Grandfather's Father's Brother; if there is but One Husband's Grandfather's Father's Brother, he shall take the whole; if there are several Husband's Grandfather's Father's Brothers, they shall all receive equal Shares.

If there is no Husband's Grandfather's Father's Brother, it goes to her Husband's Grandfather's Father's Brother's Son; if there is but One Husband's Grandfather's Father's Brother's Son, he shall take the whole; if there are several Husband's Grandfather's Father's Brother's Sons, they shall receive equal Shares.

If there is no Husband's Grandfather's Father's Brother's Son, it goes to her Husband's Grandfather's Father's Brother's Grandson; if there is but One Husband's Grandfather's Father's Brother's Grandson, he shall receive the whole; if there are several of her Husband's Grandfather's Father's Brother's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandfather's Father's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Father; if there is no Husband's Grandfather's Grandfather's Father, it goes to her Husband's Grandfather's Grandfather's Brother; if there is but One Husband's Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Brothers, they shall all receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother, it goes to her Husband's Grandfather's Grandfather's Brother's Son; if there is but One Son of her Husband's Grandfather's Grandfather's Brother, he shall take the whole; if there are several Sons of her Husband's Grandfather's Grandfather's Brother, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother's Son, it goes to her Husband's Grandfather's Grandfather's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Brother's Grandsons, they all have equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Grandfather; if there is no Husband's Grandfather's Grandfather's Grandfather, it goes to her Husband's Grandfather's Grandfather's Father's Brother; if there is but One Brother of her Husband's Grandfather's Grandfather's Father, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Father's Brothers, they shall all receive equal Shares,

If there is no Husband's Grandfather's Grandfather's Father's Brother, it goes to her Husband's Grandfather's Grandfather's Father's Brother's Son; if there is but One Son of the Husband's Grandfather's Grandfather's Father's Brother, he receives the whole; if there are several of her Husband's Grandfather's Grandfather's Father's Brother's Sons, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Father's Brother's Son, it goes to her Husband's Grandfather's Grandfather's Father's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Grandfather's Father's Brother, he takes the whole; if there are several of her Husband's Grandfather's Grandfather's Father's Brother's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Father's Brother's Grandson, it goes then to any One of her Husband's Family who is the next near Relation; if there be no near Relation, he who is of distant Kindred to her Husband's Family shall obtain it; if there is not any One of these, then the Magistrate shall take the Property of the Wife of a Chehteree, a Sooder, or a Bice: And the Property of a Bramin's Wife shall be given to the learned Bramins of the Village where the said Bramin's Wife lived; if there be no learned Bramins in that Village, the unlearned Bramins of that Village shall obtain it; if also there are no unlearned Bramins in that Village, then it shall be given to the Bramin of the Environs.

The Magistrate shall never obtain the Property of a Bramin's Wife.

Whatever a Father may have given to his Daughter, either before or after her Marriage, such Property, after her Death, even though she hath a Son living, goes to her unmarried Daughter; if there is but One unmarried Daughter, she receives the whole; if there are several unmarried Daughters, they all receive equal Shares.

If an unmarried Daughter, having received her Mother's Effects, afterwards marries, and then dies childless, that Property does not go to her Husband, but her Sisters shall obtain it.

If she dies, leaving a Son, that Son shall obtain from his Mother's Sisters an equal Share with them.

If there is no unmarried Daughter, then it goes to the Daughter who has borne Children, and the Daughter who will bear Children, in equal Shares; if of these there is but One Daughter, she shall take the whole, if there are several, they shall have equal Shares.

If there are none of these, then it goes, in equal Shares, to the Daughter who is barren, and to the Daughter who is a childless Widow; if there is but One barren Daughter, or childless Widow, she shall take the whole; if there are several, they shall obtain equal Shares.

If there is no Daughter who is barren, or a childless Widow, it goes to her Son; if there is but One Son, he shall obtain the whole; if there are several Sons, they shall have equal Shares.

If there is no Son, it goes to the Daughter's Son; if there is but One Daughter's Son, he shall take the whole; if there are several Daughter's Sons, they shall receive equal Shares.

If there is no Daughter's Son, it goes to the Grandson; if there is but One Grandson, he shall take the whole; if there are several Grandsons, they shall receive equal Shares.

If there is no Grandson, it goes to the Grandson's Son; if there is but One Grandson's Son, he shall take the whole; if there are several Grandson's Sons, they shall receive equal Shares.

If there is no Grandson's Son, it goes to her Husband's Son by another Wife; if there is but One Son of her Husband by another Wife, he shall take the whole; if there are several Sons of her Husband by another Wife, they shall receive equal Shares.

If there is no Son of her Husband by another Wife, it goes to her Husband's Grandson by another Wife; if there is but One Grandson of the Husband by another Wife, he shall take the whole; if there are several Grandsons of her Husband by another Wife, they shall receive equal Shares.

If there is no Grandson of her Husband by another Wife, it goes to the Grandson's Son of her Husband by another Wife; if there is but One Grandson’s Son of her Husband by another Wife, he shall take the whole; if there are several Grandson's Sons of the Husband by another Wife, they all have equal Shares.

If there is no Grandson's Son of her Husband by another Wife, then the Property of every Woman who was married after any One of the first Five Forms of Marriage goes, after her Death, to her Husband.

If there is no Husband, it goes to her Brother; if there is but One Brother, he shall take the whole; if there are several Brothers, they shall receive equal Shares.

If there is no Brother, it goes to the Mother; if there is no Mother, it goes to the Father; if there is no Father, then the Property of every Woman who was married according to any One of the Three last Forms of Marriage goes, after her Death (if there is no Grandson's Son of her Husband by another Wife) to her Mother; if there is no Mother, it goes to her Father; if there is no Father, it goes to her Husband.

If there is no Husband, then the Property of a Woman who was married according to anyone of the Eight Forms of Marriage goes, after her Death, to her Husband's Younger Brother; if there is but One Younger Brother of her Husband, he shall take the whole; if there are several Younger Brothers of her Husband, they shall receive equal Shares.

If there is no Younger Brother of her Husband, it goes, in equal Shares, to her Husband's Younger Brother's Son, and to her Husband's Elder Brother's Son; if there is but One of these, he shall take the whole Property; if there are more than One, they shall obtain equal Shares.

If there is no Husband's Elder Brother's Son, and no Husband's Younger Brother's Son, it goes to her Sister's Son; if there is but One Sister's Son, he shall take the whole; if there are several Sister's Sons, they shall receive equal Shares.

If there is no Sister's Son, it goes to her Husband's Sister's Son; if there is but One Husband's Sister's Son, he shall take the whole; if there are several Husband's Sister's Sons, they shall all receive equal Shares.

If there is no Husband's Sister's Son, it goes to her Brother's Son; if there is but One Brother's Son, he shall take the whole; if there are several Brother's Sons, they shall receive equal Shares.

If there is no Brother's Son, it goes to her Daughter's Husband; if there is but One Daughter's Husband, he shall take the whole; if there are several Daughter's Husbands, they shall obtain equal Shares.

If there is no Daughter's Husband, it goes to her Husband's Father; if there is no Husband's Father, it goes to her Husband's Elder Brother; if there is but One Elder Brother of her Husband, he shall take the whole; if there are several Elder Brothers of her Husband, they shall receive equal Shares.

If there is no Elder Brother of her Husband, it goes to her Husband's Brother's Grandson; if there is but One Husband's Brother's Grandson, he shall take the whole; if there are several of her Husband's Brother's Grandsons, they shall receive equal Shares.

If there is no Husband's Brother's Grandson, it goes to her Husband's Grandfather; if there is no Husband's Grandfather, it goes to her Husband's Paternal Uncle; if there is but One Paternal Uncle of her Husband, he shall take the whole; if there are several of her Husband's Paternal Uncles, they shall receive equal Shares.

If there is no Husband's Paternal Uncle, it goes to her Husband's Paternal Uncle's Son; if there is but One Son of her Husband's Paternal Uncle, he shall receive the whole; if there are several of her Husband's Paternal Uncle's Sons, they all have equal Shares.

If there is no Husband's Paternal Uncle's Son, it goes to her Husband's Paternal Uncle's Grandson; if there is but One Grandson of her Husband's Paternal Uncle, he shall take the whole; if there are several of her Husband's Paternal Uncle's Grandsons, they shall all receive equal Shares.

If there is no Husband's Paternal Uncle's Grandson, it goes to her Husband's Grandfather's Father; if there is no Husband's Grandfather's Father, it goes to her Husband's Grandfather's Brother; if there is but One Brother of her Husband's Grandfather, he shall take the whole; if there are several of her Husband's Grandfather's Brothers, they shall receive equal Shares.

If there is no Husband's Grandfather's Brother, it goes to her Husband's Grandfather's Brother's Son; if there is but One Son of her Husband's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Brother's Sons, they shall receive equal Shares.

If there is no Husband's Grandfather's Brother's Son, it goes to her Husband's Grandfather's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Brother's Grandsons, they shall all receive equal Shares.

If there is no Husband's Grandfather's Brother's Grandson, it goes to her Husband's Grandson's Grandson; if there is but One Grandson of her Husband's Grandson, he shall take the whole; if there are several of her Husband's Grandson's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandson's Grandson, it goes to her Husband's Grandson's Grandson's Son; if there is but One Husband's Grandson's Grandson’s Son, he shall take the whole; if there are several Husband's Grandson's Grandson's Sons, they shall receive equal Shares.  

If there is no Husband's Grandson's Grandson's Son, it goes to her Husband's Grandson's Grandson's Grandson; if there is but One Grandson of her Husband's Grandson's Grandson, he shall take the whole; if there are several of her Husband's Grandson's Grandson's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandson's Grandson's Grandson, it goes to her Husband's Grandfather's Grandfather; if there be no Husband's Grandfather's Grandfather, it goes to her Husband's Grandfather's Father's Brother; if there is but One Brother of her Husband's Grandfather's Father, he takes the whole; if there are several of her Husband's Grandfather's Father's Brothers, they all receive equal Shares.

If there is no Brother of her Husband's Grandfather's Father, it goes to her Husband's Grandfather's Father's Brother's Son; if there is but One Son of her Husband's Grandfather's Father's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Father's Brother's Sons, they shall have equal Shares.

If there is no Husband's Grandfather's Father's Brother's Son, it goes to her Husband's Grandfather's Father's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Father's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Father's Brother's Grandsons, they shall receive equal Shares.

If there is no Husband's Grandfather's Father's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Father; if there is no Husband's Grandfather's Grandfather's Father, it goes to her Husband's Grandfather's Grandfather's Brother; if there is but One Brother of her Husband's Grandfather's Grandfather, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Brothers, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother, it goes to her Husband's Grandfather's Grandfather's Brother's Son; if there is but One Son of her Husband's Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Brother's Sons, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother's Son, it goes to her Husband's Grandfather's Grandfather's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Brother's Grandsons, they all shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Brother's Grandson, it goes to her Husband's Grandfather's Grandfather's Grandfather; if there is no Husband's Grandfather's Grandfather's Grandfather, it goes to her Husband's Grandfather's Grandfather's Father's Brother; if there is but One Brother of her Husband's Grandfather's Grandfather's Father, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Father's Brothers, they shall receive equal Shares.

If there be no Husband's Grandfather's Grandfather's Father's Brother, it goes to her Husband's Grandfather's Grandfather's Father's Brother's Son; if there is but One Son of her Husband's Grandfather's Grandfather's Father's Brother, he shall take the whole; if there are several of her Husband's Grandfather's Grandfather's Father's Brother's Sons, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Father's Brother's Son, it goes to her Husband's Grandfather's Grandfather's Father's Brother's Grandson; if there is but One Grandson of her Husband's Grandfather's Grandfather's Father's Brother, he shall take the whole; if there are several Grandsons of her Husband's Grandfather's Grandfather's Father's Brother, they shall receive equal Shares.

If there is no Husband's Grandfather's Grandfather's Father's Brother's Grandson, it then goes to any One of her Husband's Family who is the next near Relation; if there is no near Relation, it goes to One of distant Affinity.

If there is not any One of these, then the Magistrate shall obtain the Effects of the Wife of a Chehteree, a Sooder, or a Bice: And the Property of the Wife of a Bramin goes to the learned Bramins of the Village where that Bramin had his Residence; if there is no learned Bramin, the unlearned Bramins of that Village shall obtain it; if there are none of these also, then the Bramins of the Environs shall obtain it.

The Magistrate mill never assume the Property of the Wife of a Bramin.

Of Inheriting from an unmarried Girl.

When an unmarried Girl dies, her Property gees to her Brother by the same Parents; if there is but One Brother by the same Parents, he shall take the whole; if there are several Brothers by the same Parents, they shall all receive equal Shares.

If there is no Brother by the same Parents, it goes to her Mother; if there is no Mother, it goes to her Father; if there is no Father, it goes to her Brother by a different Mother; if there is no Brother by a different Mother, it goes to the Son of her Brother by the same Parents; if there is no Son of her Brother by the same Parents, it goes to the Son of her Brother by a different Mother.

If there is no Son of her Brother by a different Mother, it goes to her Brother's Grandson; if there is but One Brother's Grandson, he shall take the whole; if there are several of her Brother's Grandsons, they shall receive equal Shares.

If there is no Brother's Grandson, it goes to her Grandfather (i.e. Father's Father) if there is no Grandfather, it goes to her Paternal Uncle; if there is but One Paternal Uncle, he shall take the whole; if there are several Paternal Uncles, they shall receive equal Shares.

If there is no Paternal Uncle, it goes to the Paternal Uncle's Son; if there is but One Paternal Uncle's Son, he shall take the whole; if there are several Paternal Uncle's Sons, they shall receive equal Shares.

If there is no Paternal Uncle's Son, it goes to her Paternal Uncle's Grandson; if there is but One Paternal Uncle's Grandson, he shall take the whole; if there are several Paternal Uncle's Grandsons, they shall receive equal Shares.

If there is no Paternal Uncle's Grandson, it goes to her Grandfather's Father; if there is no Grandfather's Father, it goes to her Grandfather's Brother; if there is but One Brother of her Grandfather, he shall take the whole; if there are several of her Grandfather's Brothers, they shall receive equal Shares.

If there is no Grandfather's Brother, it goes to her Grandfather's Brother's Son; if there is but One Son of her Grandfather's Brother, he shall take the whole; if there are several of her Grandfather's Brother's Sons, they shall receive equal Shares.

If there is no Grandfather's Brother's Son, it goes to her Grandfather's Brother’s Grandson; if there is but One Grandson of her Grandfather's Brother, he shall take the whole; if there are several of her Grandfather's Brother's Grandsons, they shall receive equal Shares.

If there is no Grandfather's Brother's Grandson, it goes to her Grandfather's Grandfather; if there is no Grandfather's Grandfather, it goes to her Grandfather's Father's Brother; if there is but One Brother of her Grandfather's Father, he shall take the whole; if there are several of her Grandfather's Father's Brothers, they shall receive equal Shares.

If there is no Grandfather's Father's Brother, it goes to her Grandfather's Father's Brother's Son; if there is but One Son of her Grandfather's Father's Brother, he shall take the whole; if there are several of her Grandfather's Father's Brother's Sons, they shall receive equal Shares.  

If there is no Grandfather's Father's Brother's Son, it goes to her Grandfather's  Father's Brothers Grandson; if there is but One Grandson of her Grandfather's Father's Brother, he shall take the whole; if there are several of Grandfather's Father's Brother's Grandsons, they shall have equal Shares.

If there is no Grandfather's Father's Brother's Grandson, it goes to her Grandfather's Grandfather's Father; if there is no Grandfather's Grandfather's Father, it goes to her Grandfather's Grandfather's Brother; if there is but One Brother of her Grandfather's Grandfather, he shall take the whole; if there are several of her Grandfather's Grandfather's Brothers, they shall receive equal Shares.

If there is no Grandfather's Grandfather's Brother, it goes to her Grandfather's Grandfather's Brother's Son; if there is but One Son of her Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Grandfather's Grandfather's Brother's Sons, they shall have equal Shares.

If there is no Grandfather's Grandfather's Brother's Son, it goes to her Grandfather's Grandfather's Brother's Grandson; if there is but One Grandson of her Grandfather's Grandfather's Brother, he shall take the whole; if there are several of her Grandfather's Grandfather's Brother's Grandsons, they shall receive equal Shares.

If there is no Grandfather's Grandfather's Brother's Grandson, it goes to her Grandfather's Grandfather's Grandfather; if there is no Grandfather's Grandfather's Grandfather, it goes to her Grandfather's Grandfather's Father's Brother; if there is but One Brother of her Grandfather's Grandfather's Father, he shall take the whole; if there are several of her Grandfather's Grandfather's Father's Brothers, they shall receive equal Shares.

If there is no Grandfather's Grandfather's Father's Brother, it goes to her Grandfather's Grandfather's Father's Brother's Son; if there is but One Son of her Grandfather's Grandfather's Father's Brother, he shall take the whole; if there are several of her Grandfather's Grandfather's Father's Brother's Sons, they shall receive equal Shares.

If there is no Grandfather's Grandfather's Father's Brother's Son, it goes to her Grandfather's Grandfather's Father's Brother's Grandson; if there is but One Grandson of her Grandfather's Grandfather's Father's Brother, he shall take the whole; if there are several of her Grandfather's Grandfather's Father's Brother's Grandsons, they shall receive equal Shares.

If there is no Grandfather's Grandfather's Father's Brother's Grandson, it then goes to any One of the Family of the aforesaid Girl's Father who is the next near Relation; if there is no near Relation, then One of distant Kindred shall obtain it.

If also there is no distant Relation, then the Magistrate shall assume the Effects of the unmarried Daughter of a Chehteree, a Sooder, and a Bice: And the Property of the unmarried Daughter of a Bramin shall be given to the learned Bramins of the Village where the aforesaid Daughter had her Residence.

If there is no learned Bramin in that Village, it shall be given to the unlearned Bramins of that Village.

If there are no unlearned Bramins also, it shall be given to the Bramins of the environs of that Village.

The Magistrate shall never assume the Property of the unmarried Daughter of a Bramin.

If, during the Life-time of a Girl deceased, any Person had entered into an Engagement to marry her, and that Person, or the Mother and Father of that Person had made that Girl any Present, that Gift shall revert again to the aforesaid Person.

If, after Agreement to marry a Daughter to a particular Person, that Daughter be given in Marriage to another Person, then whatever Present, either in Money or other Articles, the Person first mentioned, or his Mother and Father, had given to the Girl, or whatever Gift any other of that Person's Family had presented, on Account of the intended Marriage, such Money and other Articles shall again revert to the Person aforesaid.

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Part 3 of 3

SECT. V. Of Persons incapable of Inheritance.

Whoever is born an Eunuch; whoever is expelled from his Tribe, his Relations and Kindred, for commission of any Crimes; whoever is born Blind; whoever is Deaf from his Mother's Womb; whoever is an Idiot; whoever cannot distinguish between Good and Evil; whoever has no Principle of Religion; whoever is Dumb; whoever is born without Hand, or Foot, or Nose or Tongue, or Privy Member, or Fundament; whoever strikes and beats his own Father, or who, after his Father's Death, performs not the Seradeh (religious Offices to his Father's Memory) whoever is of such a general ill Behaviour, as that his Relations and Partners refuse to eat or drink with him, and who lives in constant commission of those Actions which are forbidden to his particular Tribe by the Beids; whoever is so incurably ordered, as that no Remedies have any Effect on him, and who, on Account of his Disorder, is never able to perform the Seradeh, the Poojeh, and other religious Duties of this Kind; whoever is afflicted with a scrofulous Leprosy, or a Leprosy breaking out in Boils, with a perpetual Discharge of Blood and Matter; Men afflicted with these Disorders, even after Perashchut (or Recovery), shall remain incapable of Inheritance: And also, whoever wears the Disguise of a Berhemchurry, or a Sinassee, and so gains a Livelihood in a fraudulent Manner; whoever is seized with a Gansee Jikkheh, or a Consumption, in which he brings up Blood mingled with Phlegm; whoever has professed himself a Sinassee; whoever procures his Subsistence by an unwarrantable Business or Profession; all or any of these Circumstances, here specified, incapacitate a Man for Inheritance.

But whoever shall supersede these Persons, in the Inheritance of bequeathed Property, must allow them Victuals and Cloathing; nevertheless the Man who has been expelled from his Tribe shall receive Nothing.

If the Sons of these People be totally free from all the Objections which have been dated above, they shall receive their Share of the Property left for Inheritance; nevertheless the Son of the Man expelled from his Tribe, who was born after such Expulsion, shall not receive any Share.

If there are unmarried Daughters of any of these, such Daughters shall be maintained in Victuals and Cloathing, until their Marriage.

And also to the Wives of these (if there are not unchaste) shall be allowed Victuals and Cloaths.

SECT. VI. Of Property liable to Division.

Of the Property of a Grandfather and a Father; and of such Property as arises from a Partnership Concern, and of whatever is given by a Relation of equal Affinity, indiscriminately, that is, without specifying the Name of any particular Person; as also of such Gains as arise from the Joint Labour and united Efforts of Two, Four, &c. Persons.

All such Property is liable to Division.

When Two or more Persons are Co-Heirs, if any Gain is made upon the Common Stock, then the Persons, by whose Labour or prudent Management such Gain was produced, shall each receive a double Share; those who did not join in the Plan or Execution of the Business shall each receive a single Share.

According to the Ordinations of Sirree Kishen Terkalungkar, and Gopaul Punchanun.

When Two, Four or more Persons are Partners, and One or Two of those Partners acquire any Profit, each Partner shall receive a Share of it, proportionable to his Property in the Joint Stock; and those who gained this Profit shall first divide the whole of it into equal Shares, and each take a single Share; and then receive a Part of what remains, proportionable to their Share in the Common Stock.

According to the Ordination of Sewarteh Behtacharige, and Jeimoot Bahun, and this Ordination is approved (or rather is customary in this Kingdom.)

If the Property of a Partnership belongs wholly to One of the Partners, and the other Parmer performs all the Labour of the Business, and makes a Profit upon that Property, such Profit shall be divided equally between them.

If One Partner both risks his Property and takes also his Share of the Labour of Business, and another Partner, without risking his own Property, takes only his Share of the Trouble and Management of Affairs, then he who advanced his Property, and exerted his Efforts, shall receive a double Share; he who only contributed his Efforts shall receive a single Share.

If a Man, without any Advance of Property, should, by his own mere Diligence and Efforts, acquire any Profit, his Partners shall receive no Share of it.

SECT. VII. Of Dividing Property earned by the Science of the Shaster, by the Art of Painting, Architecture, or other Arts of that Kind, on which a Profit may be gained.

If any Person, without Employment of any Stock in Partnership, by his own Efforts, in the Exertion of any Art, should acquire any Profit, then, whichever of his Partners by Affinity hath a greater or equal Share of Knowledge with himself, he shall give to each of such Partners a single Share, and he shall appropriate a double Share to himself; and whichever of them has less Knowledge than he, or is wholly without Skill in any Art, shall not receive a Share.

If any Person, who hath learnt any Art from his Father, his Grandfather, his Paternal Uncle, his Brother, or any Person in his own Family, should acquire any Profit by that Art, then whoever of the Family is totally unskilled in any Art, or hath less Knowledge than he, shall receive a single Share each; and whoever works for his own Subsistence shall take a double Share.

If One Person hath quitted his Partners by Affinity, for the Purpose of learning any Art, and another Person of the Family, unskilled in any Art, expends Part of his Property, in supporting the immediate Dependants of the Absentee, then he who went away, to improve himself in any Art, shall take to himself a double Share of any Profit he may gain by that Art, and shall give a single Share of it to the Person who supported his Dependants in his Absence; if those Dependants were supported from the Joint Stock, he shall not give any Thing.

If a Person learns any Art from a Stranger, and also receives Victuals and Cloaths from him, his Partners by Affinity shall not receive any Share of the Profits he may gain by that Art.

SECT. VIII. Of Dividing Property earned by a Man's Sons.

If any Man acquires a Profit, upon employing his Father's or Grandfather's Property, he shall give the Half of all his Gains to his Father; and if he hath not any Brothers, he shall take the other Half himself; if he hath Brothers, he shall take to himself a double Share of the remaining Half, and shall give a single Share to each of his Brothers.

If any Person, without any Advance of Property, should raise any Profit he shall give the Half of it to his Father, and shall take to himself the other Half: His Partners by Affinity shall not receive any Share of it.

If any Person, upon employing his Brother's Property, should acquire any Profit, of the whole of such Profit, he shall give One Half to his Father, if his Father be a Man of Knowledge and Skill; and of the remaining Half, he who raised the Profit shall receive a double Share; and he whose Property was employed shall receive a single Share; and those who employed no Property shall not receive any Thing: If the Father be not a Man of Knowledge or Skill, he shall receive a double Share; and he who made the Profit shall also receive a double Share; and the Man whose Property was employed shall receive a single Share.

SECT. IX. Of Possessions Indivisible

If a Man by Victory in War has made any Prize, it shall not be liable to be shared.

If a Man has received any Thing in the House of his Wife's Father, no Share of it shall appertain to his Partners (or Relations.)

If a Man's Father or Mother, out of particular Kindness, hath given him any Thing, no Share of it shall appertain to his Partners (or Relations.)

If a Person, without Employment of the Joint Stock, and without equal Labour on the Side of his Partners (and exclusive of what a Relation of equal Affinity may have given him) should acquire any Profit, it is not liable to be shared by his Partners.

If a Father gives, by his own Choice, Land, Houses. Orchards, and the Earnings of his own industry, to One of his Sons, the other Sons shall not receive any Share of it.

Every Man shall take of the Water of a Pool, or of a Well, according to his Necessity: No Account is to be had of a greater or lesser Share in this Article.

Exclusive of Glebe Land, if any other Property of a Father, or Grandfather, be not occupied, and One of the Partners by Affinity, without employing the Joint Stock, and exclusive of the Labour or Efforts of the other Partners, by Permission also of the other Partners, entered upon such Property, it shall not be divided into Shares; if, in the same Manner, by Permission of the Partners, One of them occupies any Glebe Land of his Father and Grandfather, then he shall divide such Glebe into Four Shares; and from thence he shall first take to himself One Share, and afterwards divide the Three remaining Shares equally between himself and his Partners.

In a Partnership of Affinity, the Wearing-Apparel of each Partner, all the Necessaries of his Sewarree (or travelling Equipage) the Ornaments worn about his Person, the Vessels and Dishes for Meat and Drink, that are in immediate Use, and the Slave Girl, whom he has the first destined for his Haram, exclusive of other Girls, and also the Carpets and Mats for sitting and sleeping, that are in constant Service, of these Things, if One Man expends a lesser and another a larger Quantity, no Account shall be had of such greater or lesser Shares; and if, of these Things, there are not more in the House than One for each Person, they shall all receive equal Shares.

The Place of Poojeh, that is of Worship, and the Place of Jugg, which has already been explained under the Article of Jugg, in the Section of a Woman's Property, is not liable to be shared: As also the Tagur, or Idol of Adoration, is not liable to Division.

The Space of Ground occupied by the House-Drain, the Path left for the Passage of the Cattle, and the Path of the Great Gate of the House, are not liable to Division.

Whatever is immediately necessary to any Person is not liable to be shared: As for Instance, when Two, Four, &c. Persons are Partners, One of them hires himself as a Servant, another becomes a Pundit, another a Painter, and, in this Manner, they all exercise different Professions, then each of them shall take of what may be in the House, according to the Occasions of his own Profession; if there is but One Article, they shall all take equal Shares of it; but if that Article be any Instrument belonging to the Calling exercised by any One of them, that Person shall take it, and shall give all his Partners their Proportion of the Price of it.

If, during the Life-time of a Father, all his Sons, either by Order of their Father, or even without Prohibition from their Father, make for themselves Houses and Gardens upon their Father's Land, if the Land so taken be in greater or lesser Quantities, it is not liable to be shared; but if among these some have made, and some have not made, Houses and Gardens, then it shall be divided into equal Shares.

SECT. X. Of a Father s Dividing among his Sons the Property earned by himself.

If a Father divides among his Sons the Property earned by himself, he shall give it according to his own Choice; if it is not the Father's Choice, his Sons shall not have Authority to force him to such a Division.

If a Father gives to his Sons, by his own Choice, a small Share of the Property earned by his own Industry, and keeps a larger Portion to himself, he has the Power; also if, after expending what he reserved for himself, he requires Food and Cloaths from his Sons, he shall have Power to take it.

If a Father divides among his Sons the Property earned by himself, he shall divide it among all his Sons, by equal Shares; but if any One of the Sons hath been particularly dutiful to his Father, or hath a very large Family, or is incapable of getting his own Living, upon these Three Accounts, if he gives a larger Share to such Sons than to the rest, he has Authority for so doing.

If a Father, instigated by Resentment, or by a particular Fondness for the Mother of any One of his Sons, or by the Influence of any Fit of Sickness, divides the Property acquired by himself unequally among his Sons, such Division is not approved.

If all the Sons go at once in a Body to their Father, jointly requesting their respective Shares of his Fortune, in that Case, the Father shall give equal Shares of the Property earned by himself to the Son incapable of getting his own Living; to the Son who hath been particularly dutiful to him, and to the Son who hath a very large Family, and also to the other Sons who do not lie under any of these Three Circumstances, in this Case, he shall not have Power to give to any One of them more or less than to the others.

If a Father has occupied any Glebe belonging to his Father, that was not before occupied, he shall not have Power to divide it among his Sons in unequal Shares, as in the Case of Property earned by himself.

SECT. XI. Of a Father's Dividing among his Sons the Property left by his Father and Grandfather.

If a Father desires to divide among his Sons the Property of his Father and Grandfather, whenever he altogether despairs of having a Son by any One of his Wives, he may divide and give it to them at his own Choice; if he has Hope of a Son from any One Wife, he has not Authority to divide it.

If it be not the Father's Choice, the Sons have no Authority to take from him by Force their respective Shares of their Ancestors Property; even if there is no Expectation that their Father shall ever have another Son, still they have not Authority to take it.

If a Father, by his own Choice, divides among his Sons the Property of his Father and Grandfather, he shall take to himself a double Share, and shall give a single Share to each of his Sons.

If a Father divides among his Sons the Glebe, Orchards, Houses, Rents, Slave Girls, and Slaves of his Father and Ancestors, to the Son who hath a large Family, to the Son who is incapable of getting his own Living, to the Son who hath been particularly dutiful to his Father, and to all his other Sons, he shall give it in equal Shares; he hath no Authority to give to some more, to others less; and these Things also he hath no Power to sell, or to give away, without the Consent of his Sons.

A Father shall not so give away, or sell the Effects and Glebe belonging to himself, or to his Father and Ancestors, as that his immediate Dependants should be distressed for Want of Victuals or Cloathing; if, reserving so much as may be necessary for the immediate Food and Cloaths of his Dependants, he should sell, or give away the rest of the Property, he has Authority so to sell and give away.

If a Father, exclusive of the Glebe, the Rents, the Slave Girls, and the Slaves of his Father and Ancestors, divides the rest of their Property among his Sons, then, in the same Manner as the Property earned by himself, in giving a Share to the Son who hath the large Family, to the Son who cannot get his own Living, and to the Son who hath been particularly dutiful, he has Power to give them a larger or a smaller Share; if all the Sons in a Body desire their respective Shares, then there shall be no One Share, greater or less than another.

If a Father, at the Time of dividing the Property gained by himself, or that of his Father and Ancestors, among his Sons, parts the whole into Twenty equal Shares, and from thence gives One Share to his Eldest Son, he has Authority to do so; and he shall then divide the other Nineteen Parts equally between his Eldest and his other Sons.

If a Man, of the Tribe of Sooder, of his own Choice, gives an equal Share of his Property to the Son born of a Concubine, and to the Son born of a Wife, he has Power to do it.

If a Father should die without having divided his Property, then, whatever Share the Son born of a Wife may receive, the Son born of the Concubine shall receive Half as much.

If there is no Son born of the Wife, nor Grandson, nor Grandson's Son, nor Wife, nor Daughters, nor Daughter's Son, then the Son born of the Concubine shall receive the whole Property.

If there is a Daughter's Son, he shall take an equal Share.

Whenever a Person gives a Share to his Sons, equal with the Share assumed by himself, to his Wife who hath neither Son, nor Grandson, nor Grandson's Son, and to whom hath been given nought of those Things which constitute a Woman's Property, he shall give One Share, at the Computation of the Share of One Son; if any of those Things that constitute a Woman's Property hath been given to the Wife, he shall give her at the Computation of Half the Share of One Son.

If he hath given a small Share to his Sons, and hath reserved a larger Part for himself, he shall then, from his own Share, give to the Wife above described One Share; at the Computation or Rate of the Share of One Son.

If a Father, being separated from his Sons, hath divided his Property among them, according to the Ordinations of the Shaster, and he also taking his own Share, according to the Shaster, returns no more to live with his Sons, afterwards if he should have another Son by the same Mother, this Son shall receive his Father's Share, and also whatever Acquisition of Property his Father may have made after such Separation.

If several Sons are born after this Separation, they shall all receive equal Shares; and these Sons shall pay whatever Debts their Father may have contracted after such Separation.

The Sons who were first separated from their Father shall not receive this latter Property, neither shall they pay their Father's Debts; and also the Son who was born after the Separation shall not receive from them any Share of the original Property.
 
This Ordination concerns solely the Property immediately acquired by the Father.

If a Father divides the Property of his Father and Grandfather among his Sons, according to the Shaster; as for Instance, he takes to himself a double Share, and gives a single Share to each of his Sons, afterwards another Son is born, then that Son shall receive from his Brothers an equal Share of the Property that was divided, and shall also receive, upon his Father's Death, an equal Share of that Part of the Property which remained in his Father's Possession upon Division.

When a Father separates from his Sons, and gives to them their respective Shares of his Property, and also takes to himself his own Share, if at that time the Mother of those Sons be big with Child, the Son born after this Separation shall receive an equal Share from the Sons who are separated; and they shall all receive equal Shares of all that may be their Father's Property; and they shall all contribute to pay any Debts which the Father may have contracted.

SECT. XII. Of Sons Dividing the Property left by their Father.

If a Man, having a Wife, and Sons born from that Wife, dies, or renounces the World, or gives up all his Effects, or is expelled from his Tribe and Relations, so long as that Wife lives, it is not a right and decent Custom, that those Sons should share, and receive among themselves the Property left by that Person; if the Wife aforesaid gives them Instructions accordingly, then the Sons have Authority to divide it: At the Time of Division, if the Wife is desirous to receive a Share, she shall take One Share, at the Rate of the Share of One Son; if she does not wish to have a Share, she shall receive Victuals and Cloaths.

If a Man hath given to his Wife, or if the Father of that Man hath given to the Wife, ought of those Things that constitute a Woman's Property, then the Sons of that Person, at the Time of sharing his Property, shall give to their Mother, at the Computation of Half the Share of One Person; and to any other Wife of their Father, having neither Son, nor Grandson, nor Grandson’s Son, they shall not give a Share, but shall give her Victuals and Cloaths.

This Ordination is according to Sewarteh Behtacharige, and Sirree KishenTerkalungkar, and Jeimoot Bihun, and is approved (or customary in this Kingdom.)

The Father's Wife, having neither Son, nor Grandson, nor Grandson's Son, shall receive an equal Share with that of the Son, according to the Ordinations of the Pundits of Methilla.

If all the Brothers of One Family, by their own Choice, live together, then the Elder Brother, taking upon himself the Command of the Family, shall, in Manner of a Father, lend his Assistance towards the Support and Education of his Younger Brothers; and the Younger Brothers also, considering their Elder Brother in the Light of a Father and Patron, shall demean themselves conformably to his Pleasure.

If the Elder Brother is unfit for the Management of Affairs, then whichever of the Brothers is most capable shall take the Burden of them all upon himself, and shall govern the Family.

To live together is the Result of the general Consent of all the Partners, and to separate arises from the Inclination of any One of them, therefore, if, in consequence of the Inclination of One among them, they separate and divide their Stock, the Share of any Person who is Absent, and the Share of him who is a Child, shall be reserved for them, in some safe Place, that it may not be lost or diminished.

If all the Brothers, by their own Choice, selecting the Twentieth Part of Property above-mentioned, before the general Division, present it to their Elder Brother, and then share equally the remaining Nineteen Parts between the aforesaid Elder Brother and the Younger Brothers, it may be done; if it be not the Choice of all the Brothers, and the Elder Brother makes demand of this Twentieth Part, he shall not have Power to take it.

If any Member of a Partnership by Affinity gives up his Share, by his own Choice, and leaves his Partners, then the Partners aforesaid, for the Sake of hindering all future Disputes, that none of his Heirs might, at any distant Period make any Demand, shall give something to that Person, and take from him a written Acknowledgment.

At the Time that Partners by Affinity take their respective Shares of Property bequeathed them, it is necessary, that they discharge the Debts of the Man whose Estate they inherit; if they are unable to pay the Debts, they shall pacify the Creditor, and, taking their Share of the Property, give a Promise to pay the Debts hereafter, and shall pay accordingly, sooner or later, according to their Shares; and if the Deceased had intended to give ought to any Person, they shall give that also, upon their assuming their Shares of the Property left to them.

Among Partners, if One Person has a very large Family, and the others have but small Families, then the Men of small Families, at the Time of sharing the Property, shall not have Liberty to speak to the Man of large Family, upon Account of the larger Quantity of Victuals and Cloaths expended, during the Time of their living together, but shall receive, in equal Shares, whatever is there collected.

If a Brother, or an unmarried Sister, hath not yet performed the Ceremony of having the Ears bored, or of assuming the Braminical Thread, or of first tasting Salt, and the other Partners have all gone through these Duties, then the Partners, at the Time of dividing their Effects, shall give to these (exclusive of their Shares) whatever is necessary for the Expence of these Ceremonies, according to their Abilities, and shall then divide, in equal Shares, the rest of the Property, if the whole Property is not sufficient to answer the Expence of these Ceremonies, then the Partners above-mentioned shall respectively Use their Endeavours, to acquire Sufficiency for the Performance of these Duties.

If a Grandfather dies, not leaving a Son, and the Grandson makes Division of his Effects, then the Wives of the Grandfather, if they take their Share of what he left, shall receive equal Shares with the Grandson.

If they do not take their respective Shares, the Grandson shall give them Victuals and Cloaths; if those Wives have received what hath been described to be a Woman's Property, they shall receive a Share, at the Computation of Half the Share of the Grandson.  

SECT. XIII. Of Dividing the joint Stock of Persons, who agree to live together, after the Original Dispersion and Separation of the Family.

When a Man, after Separation, resumes again, upon a friendly Footing, his Connexion with his Father, his Brother, or his Paternal Uncle, and an Agreement is made between them, that, "My Property is yours, and your Property is mine," and this Agreement also, on both Sides, is made with upright Intentions, it is called Sungsersut-heh.

The Meaning of Sungsersut-heh is when, after a Separation, a fresh Connexion takes place.

Exclusive of those Persons above-mentioned, if a Man resumes his Connexion with any other Person, such Circumstance is not called Sungsersut-heh.

This is according to the Ordination of Jeimoot Bahun, and Sewarteh Behtacharige, and is approved (or customary.)

But the Pundits of Methilla say, that when a Person, after Separation from any Relation whatever, resumes his Connexion with him, such a Circumstance is called Sungsersut-heh.

If Two or more Brothers, after Separation, resume again their Connexion, and then separate the Second Time, they shall receive equal Shares of their Joint Effects.

If a Man, after Separation, resuming his former Connexion, hath in the mean Time acquired any Profit, by Dint of Science and Industry, or by Painting, or any other Art, from that Profit, he shall take to himself a double Share, and shall give to each of his Partners a single Share.

If a Father, after Separation from his Sons, resumes his Connexion with One or more of those Sons, and, after that Separation, the Father should beget another Son, then the Sons who, after Separation, resumed their Connexion, and every Son who was born after that Separation, after the Death of their Father, shall receive equal Shares, and shall, in equal Proportions, discharge the Father's Debts.

All those Sons, who resumed not their Connexion with their Father, have no Concern, either with the Effects of their Father or with the Payment of his Debts.

If a Father, after Separation from his Sons, resumes his Connexion with One or more of those Sons, and, after that Separation, the Father should beget another Son, if the Father, after such Separation, without the Efforts of his Sons, and without Employment of the Common stock, should acquire any Property, that Property, after the Death of the Father, shall be received by whatever Son was born after such Separation; and the others, who again resume their Connexion, shall not receive it.

If the Father, by Employment of the Common Stock, and by the Efforts and Labour of his Sons acquires any Property, it shall be divided by equal Shares.

And if the Father, for his own Purposes, contracts any Debt, the same Son who was born after the Separation shall discharge them.

SECT. XIV. Of a Partner s receiving his Share of the joint Stock, after a long Space of Time hath elapsed; also of the Inheritance of the Sons of a Woman of the Sooder Cast. by Two different Husbands; and also of adopted Sons.

If One of the Partners by Affinity, before Separation, goes into another Kingdom, and there fixes his Residence, so that, after a long Elapse of Time, either he, or his Son, or his Grandson, or his Grandson's Son, or any of his Descendants, should come to the Partners by Affinity before-mentioned, and make demand of his Share, he shall bring the Men of Credit among his Neighbours, his Relations, or any others, to prove his Affinity to the Man who fixed his Residence in a foreign Kingdom, and shall receive his Share of Inheritance.  

If a Woman of the Sooder Cast, who hath borne a Son to her Husband, should take that Son with her, and go to live with another Man of the same Cast, and while she remains in the House of this Second Person should bear to him also a Son, then each Son that is born to either Man, after the Death of that Man, shall receive his particular Property.

If the Mother of these Sons should die, then each Son shall separately inherit whatever was given to his Mother by his own Father; and if the Mother had any other Effects, exclusive of what the Fathers gave, the Sons shall both receive equal Shares of it.

A Man, without Permission of his Partners by Affinity, shall neither give away, nor sell to any One the Joint Property: If he gives away or sells a Part of it, at the Computation of his own Share, it is approved.

But if he gives, or sells, or mortgages such Property to a Man of fraudulent Principles, so that Loss and Vexations should accrue thereby to the Partners, the Man who thus gives away, sells or mortgages such Property, is to be accounted criminal.

According to the Ordination of Sewarteh Behtacharige, Jeimoot Bahun, and Sirree Kishen Terkalungkar, and is approved.

If any Person, without Permission of the Partners by Affinity, gives away, sells or mortgages a Part of the Joint Property, on Computation of his own Share, it is approved; according to the Ordination of the Pundits of Methilla.

If to a Man, who hath before patronized an adopted Son, a Son should afterwards be born of his own Seed, after the Death of the Father, the adopted Son shall receive a single Share, and the begotten Son shall receive a double Share of his Property.

SECT. XV. Of Dividing concealed Effects; and of rectifying unequal Divisions; and of the Modes of settling the Disputed Shares of Partners.

If any One of the Partners by Affinity, at the Time of sharing and dividing their Property, concealed any Part of the Effects, and this Circumstance should afterwards appear, that Part shall then be divided equally among all not the other Partners, and the Man who concealed it.

But if any One of the Partners still continues suspicious, he shall undergo the Purrikeh, that is Ordeal for him; whoever is not suspicious of him, he shall perform the Purrikeh.

If, at the Time of Division of Joint Stock, the Partners by Mistake should have made an unequal Distribution, it is not approved.

He who received too large a Share, whenever the Mistake is proved, shall divide equally among them all the Overplus of his proper Portion.

At the Time of Division of Joint Stock, if One Person be a Child, and any One of the Partners fraudulently takes from the Share of that Child, to add to his own, when this Circumstance comes to be proved, that Child shall receive from him the Balance of his Share.

If, at the Time of Division of Joint Stock, all the Partners, by their own Free-Will, receive unequal Shares, some more, some less, and are afterwards desirous to have an adjusted Settlement of their Shares, they shall not have the Power.

Every Kingdom has its own Customs, and every Town has its own Customs, so every Tribe has its own Customs; if, according to those Customs, an unequal Division takes place, it is approved.

If the Mode of unequal Division has passed regularly from Father and Ancestors, this also is approved.

If One Person of the Partners by Affinity should say, that "Our Property has been shared," and another should say, that "It hath not been shared," and upon such a Dispute they should refer their Claims to Arbitration, First, the Arbitrators shall inquire the State of the Case, of the Men Descended from the same Grandfather with the Plaintiff and Defendant, and who have formerly separated from the Family.

If the Master is not settled by Inquiry from Persons Descended from the same Grandfather, they shall next examine the Relations and Kindred of the Plaintiff and Defendant.

If it is not settled by Examination of the Relations and Kindred of the Plaintiff and Defendant, they shall next inquire and examine the Division Accounts; if there is no Division Account, then the Arbitrators shall proceed to examine Circumstances, as whether the Expence and Income of the Plaintiff and Defendant be separate and apart.  

Whether their Agriculture and Trade be on either Side distinct and separate.

If they are Bramins, whether One presents the Dan, and the other accepts the Dan: (The Dan is thus performed, they pronounce a certain Kind of Charm, or Incantation over any Thing, in the Wish of a happy Futurity, and give it as a Present to another Person:) Whether, between the Plaintiff and Defendant, a Pledge is deposited by One Party, and accepted by the other.

Whether, on either Side, One be Witness for the other, or One be Security for the other.

Whether they perform the Seradeh Amawus; (that is, the Ceremonies of the last Night of the Lunar Month, which is called the Night of Darkness.)

And the Seradeh-nowann, which is thus performed, in the Month Aghun, yearly, they put together new Rice, Milk, Sugar, Candy, ripe Plantains, Sugar Cane, Yam, Cocoa-Nut, Ginger, and Sugar-Candy, and perform the Fateheh Buzurgwar.

And the Seradeh Aperpukh: (Aperpukh is when, before the Ten Days, called Rozidus-hareh, [The Days in which the pompous Worship and Burial of the Hindoo Deities are celebrated.] upon the Days of the Shebbi Tareckee,* [Or Night of Darkness, so called, because then the Moon shines only a small Part of the Night.] (or Night of Darkness) which are Fifteen Days, sometimes in the Month of Bhadun, and sometimes in the Month of Assen, they perform the Fateheh Buzurgwar:) Whether they perform all these Serahehs separate and apart from each other.


Then, although there be no Witness, or Division Account, to prove the real State of the Case, if in these Ceremonies they act separately, it is to be accepted as a Proof that a Division has before taken place.

SECT. XVI. Of Acquiring Right of Possession in the Property of another, by Usufruct.

A Person who is not a Minor (a Man ceases to be a Minor at Fifteen Years of Age) nor impotent and incapable, nor diseased, nor an Idiot, nor so lame as not to have Power to walk, nor blind, and who, on going before a Magistrate, is capable of distinguishing and taking up his own Concerns, and who has not given to another Person Power to employ and apply to Use his Property, if, in the Face of such a Person, another Man applies to his own Use, for the Space of Twenty Years, the Glebe Land, or Houses, or Orchards of that Person, without Let or Molestation from him, from the Twenty-first Year, the Property becomes invested in the Person so applying such Things to Use; and any Claim of the First Person above-mentioned upon such Glebe, Houses or Orchards, shall by no Means stand good; but if the Person before-mentioned comes under any of the Circumstances herein before described, his Claim in that Case shall stand good.

According to the Ordinations of Sirree Kerracharige, and Palook, and Jogue Logue, and Bheb-deeb Bhet, and Sool Panee, and Chendeefur, and Sewarteh Bechtachurige, and is approved (or customary.)

A Person who is not a Minor, nor impotent and incapable, nor diseased, nor so lame as not to have Power to walk, nor blind, and who, on going before a Magistrate, is capable of distinguishing and taking up his own Concerns, and who has not given to another Person Power to employ and apply to Use his Property, if, in the Face of such a Person, another Man applies to his own Use, for the Space of Ten Years, the Gold and Silver, the Jewels, the Cloaths, the woven Silks, the Household-Furniture, and Iron Instruments, and other Goods and Chattels of this Kind (exclusive of Glebe, Houses and Orchards) belonging to that Person, without Let or Molestation from him, from the Eleventh Year, the Property becomes invested in the Person so applying such Goads and Chattels to Use; and any Claim of the First Person before-mentioned, for Possession of any such Goods and Chattels, shall by no Means stand good.

But if the Person before-mentioned comes under any of the Circumstances herein before described, his Claim in that Case shall stand good.

According to the Ordinations of Sirree Kerracharige, and Palook, and Jogue Logue, and Bbeb-deeb Bhet, and Sool Panee, and Chendeesur, and Sewarteh Bechtacharige; and is approved.

If any Person hath occupied the Glebe, Houses and Orchards, of another Person, and applied them to his own Use, and that Person, within the Space of Twenty Years, makes any Let or Molestation, then the Glebe, Houses and Orchards above-mentioned, revert to the Person aforesaid; but of the Produce of them, whatsoever the other Person has expended, he shall not receive any Thing,

Exclusive of Glebe, Houses and Orchards, if any Person has entered Upon, and applied to his own Use, any other Goods and Chattels belonging to another Person, and that Person, within the Space of Ten Years, lays claim to those Goods, then the Goods and Chattels so claimed shall revert to that Person; but if the other Person has made any Profit by those Things, he shall not receive any of it.

If any of the original Effects be spoiled or expended, that Person shall make it good, and the Magistrate shall inflict upon that Person the same Punishment as upon a Robber.

Any Thing deposited as a Pledge, any Thing committed to the Custody of another, under Hand and Seal, any Thing intrusted to another by Howaleh; (Howaleh is when a Person, in friendly Confidence, intrusts to another his Glebe Land, Orchards, Houses, Kine, Horses, Elephants, Camels, and such Kind of Cattle, as also his Household-Furniture, and all his Goods and Chattels.)

Things intruded in either of these Three Modes, if that Person, without Let or Molestation, has applied to his own Use, for a very considerable Length of Time, yet, when the Owner aforesaid shall make demand for those Things, he shall receive them: These Kind of Things do not come under the Limitation of Twenty Years, and of Ten Years.

Suppose a Person, having applied to his own Use the Glebe Land, Orchards and Houses of a Stranger, for the Space of Twenty Years, should then die, and the Son of that Person also, for the like Space of Twenty Years, having applied the same to his own Use, should then die, and the Grandson of that Person likewise, having applied the same to his own Use, for the like Space of Twenty Years, and should then die, the Glebe Land, Houses and Orchards above-mentioned, are applied to Use, by the Son of the Grandson of that Person.

In this Case, while the Property passed through Three different Possessors, for the Space of Sixty Years, if the right Owner of the Glebe Land, Houses and Orchards before-mentioned, through Inattention and Ignorance, hath attempted no Let or Molestation, in the Sixty-first Year, the Claim of the Defendants of that Owner shall by no Means stand good; the Glebe, Houses and Orchards above-mentioned, shall remain in possession of the Person who has applied them to Use.  

Suppose a Person, having applied to his own Use the Glebe, Houses and Orchards of a Stranger, for the Space of Sixty Years, through Inattention and Ignorance of the rightful Owner, should die, or if he and his Son together, having applied them to Use, for Sixty Years, should then die, and his Grandson also enjoys the present Use of such Property, in this Case, if the rightful Owner, or the Defendants of the rightful Owner, even after this Term of Sixty Years, put in their Claim, or cause any Let or Molestation, then the Glebe, Orchards and Houses aforesaid, shall revert to such Owner, and to the Defendants of such Owner; and the Man who applies them to Use shall not retain Possession of them.

Suppose a Person, having applied to his own Use, for more than Twenty Years, the Glebe, Orchards and Houses of a Stranger, should then die, and the Son of that Person also, having applied the same to his own Use, for a less Space of Time than Twenty Years, should then die, and his Grandson also, having applied the same to his own Use, for Twenty Years, should then die, in this Case, if the Property has passed through Three different Possessors, who, having applied it to Use, for the Space of Sixty Years, are since dead, yet the Son of his Grandson shall not receive that Glebe, but it shall go to the original Owner.

If Two Persons Possess separate Writings, as a Bill of Sale, a Deed of Gift, or a Mortgage, all properly authenticated, to entitle them to the same Thing; as for Instance, One Person has a Bill of Sale, or a Deed of Gift, and the other has a Mortgage, and the same Date should be upon the Deeds of both Claimants, or by Accident the Date happens to be obliterated, so that it cannot be ascertained which Instrument is prior to the other.

In that Case, the Property before-mentioned shall belong to that Person, who, in Sight of the Person Possessing the other Deed, without Let or Molestation from him, has appropriated and applied that Property to his own Use.

Such Property shall not go to the Man, who, not having appropriated or applied it to his own Use, hath not attempted any Let or Molestation to the other Person.

It it hath not been applied to Use by either of them, they shall both divide and receive equal Shares of it.

According to the Ordinations of Pacheshputtee Misr; and is approved.

Helayoodeh speaks to this Effect, viz. That he who Possesses a Mortgage shall receive a small Share, and he who Possesses a Bill of Sale, or a Deed of Gift, shall receive a larger Share.

If the Path to and from a House, or the Space of Ground occupied by the House-Drain of One Person, be in the Territories of another Person, that Person, who always hath passed to and fro, shall continue so to do; the other Person aforesaid, though he hath a Right of Property in the Ground, and hath an attested Sunnud thereof, shall not have Authority to cause him any Let or Molestation.

When Two Persons, between whom a Dispute hath arisen, refer it to Arbitration, the Arbitrators, at the Time of Examination, shall esteem Witnesses of more Validity than Opinion; and if there be any Writing produced, they shall give more Credit to that Writing than to Witnesses.

Suppose Two Persons should quarrel about the Right of Property in certain Glebe Lands, or Houses, or Orchards, and One of them should produce a written Deed, the other (after that the Property in Dispute has been occupied for the Space of Sixty Years, by Three following Possessors, who are now dead) is the Fourth Person now in Possession of such Property.

In that Case, the Possession of Three Persons in Succession is of more Validity than the Writing.

The Person who is in present possession shall obtain the Property of such Glebe Land, or Houses, or Orchards; and the Claim of him who produces the written Deed shall not be heard.

If a Man has for a long Time applied to his own Use the Effects of a Magistrate, or of a Magistrate's Servants, or the Effects of his Wife's Father, or the Effects of his Wife, or the Effects of his Daughter's Husband, or the Effects of a Reyot, or the Effects of a Man Descended from the same Grandfather with himself, or the Effects of his intimate Friend, or the Effects of his Maternal Uncle, or Sister's Son, or Paternal Uncle's Son, or such Kind of near Relations and Kindred, it is not approved (i.e. it shall not ensure him the Property of them:) And if a Bramin, who hath read the Beids, should, for any considerable Time, apply to his own Use any Person's Property, it is not approved.

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Part 1 of 2

CHAP. III. Of Bubhar, that is, of Justice.

SECT. I. Of the Forms of administering Justice.

If a Person brings a Complaint before a Magistrate, in the Name of another, the Magistrate shall make a thorough Investigation of the Affair; otherwise he shall by no Means of himself send for the Complainant, and cause him to bring on his Complaint.

If any Person goes to an Arbitrator of Discernment, for the Purpose of distinguishing the Nature of his own Cause, the Arbitrator also may make such Investigation.

When an Arbitrator of Discernment hears any Affair, he shall first demand of the Plaintiff, "What is your Claim?" The Plaintiff shall then relate his Claim: Afterwards he shall demand of the Defendant, "What Answer do you return in this Case?" The Defendant also shall then repeat his Answer, upon thus having heard the Accounts of both Plaintiff and Defendant. He who thoroughly investigates the Nature of the Affair is called an Arbitrator of Discernment, and such an Arbitrator as this shall be chosen.

A Magistrate, at the Time of Examination, shall have near him a Man of Knowledge and Discernment, and Officers tried by his own Experience, and a learned Bramin, and shall then examine the Cases of the Plaintiff and Defendant.

If a Magistrate, for any particular Reason, cannot himself examine a Cause, he shall delegate a learned Bramin as Examiner; if there is no learned Bramin, he shall delegate a learned Chehteree; if there is no learned Chehteree, he shall delegate an intelligent Bice as Examiner; if there is no intelligent Bice, he shall delegate an unlearned Bramin as Examiner; he shall never delegate a Soodar as Examiner upon the Sheertee of the Shaster, or Beids of the Shasters. Whoever, sitting aside a Bramin, constitutes a Sooder Arbitrator, in any Affair of the Shaster, the Possessions and Property of such a Man are ruined and dissipated: If a Sooder examines any Affairs of the Sheertee of the Shaster, he shall pay a Fine to the Magistrate of Two Thousand Puns of Cowries.

If a learned Man is present when an Affair is examined before a Magistrate, although the Magistrate should not delegate him as Examiner, yet he has the Liberty of uttering his Sentiments to the Case in Point.

Whoever considers in the same Light his Friends and his Enemies, and is knowing in the Beids of the Shaster, and in the Sheertee of the Shaster, and is a Man of Honour, and a Speaker of Truth, to such learned Bramins as these the Magistrate shall give Money, and every Token of Respect and Consideration in the Judgment-Seat, to have them near him; but he shall not retain fewer than Ten of such Bramins.

The Magistrate, having employed the first Four Ghurries of the Day in bathing and praying, and having paid due Adorations to his Deity, shall sit upon the Judgment-Seat, to settle Affairs, the Space of One and a Half Paufs; at this Rate, the Bench will break up after the Second Paufs of the Day.

If an Affair is not properly examined, or is decided unjustly, the Fault is divided into Four Shares, and falls upon Four Parties, One Share upon the Plaintiff or Defendant, whichever of them was the Cause of the improper Examination or Decision; and One Share falls upon the learned Bramins who partook of the improper Examination or Decision; and One Share to the Witness who gave in false Evidence: If the Examination is proper, the good Result of it is, that whatever Part of the Fault belongs to the Magistrate, and to the rest of those who were present upon the Bench, and partook of the Examination, all this Fault goes to the Person who made a futile and groundless Complaint.

If several Persons, at the same Time, make a Complaint to a Magistrate, or Arbitrator, then the Magistrate, or Arbitrator, at the Time of Investigation, shall first examine the Cause of him who has suffered the most Detriments; if the Causes of all the Complainants are equal, he shall then examine the Affair of him who is of the most honourable Tribe; if all the Complainants are of equal Tribes, and their Causes also of equal Consequence, then the Suit of him who first complained shall be first examined.

At the Time that the Plaintiff and Defendant are present before the Magistrate, or Arbitrator, then that Magistrate, or Arbitrator, shall take a Man of Responsibility and Property as Bail or Security for such Plaintiff or Defendant; if either the Plaintiff or Defendant are unable to give such Security, a Peiadac, or Guard, shall be appointed for both of them, and, in the Evening, the Plaintiff and Defendant shall give to that Peiadac Cowries sufficient for the Day's Subsistence.

SECT. II. Of Appointing a Vakeel (or Attorney.)

If the Plaintiff or Defendant have any Excuse for not attending the Court, or for not pleading their own Cause, or, on any other Account, excuse themselves, they shall, at their own Option, appoint a Person as their Vakeel; if the Vakeel gains the Suit, his Principal also gains; if the Vakeel is Cast, his Principal is Cast also.

In a Cause where the Accusation is for Murder, for a Robbery, for Adultery, for eating prohibited Food, for false Abuse, for thrusting a Finger into the Pudendum of an unmarried Virgin, for false Witness, or for destroying any Thing, the Property of a Magistrate, a Vakeel must not be appointed to plead and answer in such Cases; the Principals shall plead and answer in Person; but a Woman, a Minor, an Idiot, and he who cannot distinguish between Good and Evil for himself, may, even in such Causes as these, constitute a Vakeel.

Except the Brother, Father and Son of the Plaintiff and Defendant, if any other Person, at the Time of Trial, should abet, and speak for either Party, the Magistrate shall exact a Fine from him: If a Brother, a Father, a Son, or a Vakeel, should assist, and speak for either Party, it is allowed.

SECT. III. Of not Apprehending an accused Party.

If a Person is employed in celebrating a Marriage, at that Time, neither a Creditor, nor any other Person for his own Concerns, shall apprehend and seize him: If the Creditor, or any other Person, should make complaint against him before a Magistrate, the Magistrate also, during the Term of the Marriage Festivals, shall not have Power to seize him.

If a Person, in a Fit of Sickness, until his Recovery, neither his Creditor, nor any other Person for his own Concerns, shall have Power to apprehend and seize him: If the Creditor, or any other Person, during such Sickness, makes complaint in his Name, the Magistrate also, during his Disorder, shall not apprehend him.

If a Man is employed in the Jugg, the Poojeh, the Dan, or any such religious Duties, until he finds Respite from those Offices, neither his Creditor, nor any other Person upon his own Concerns, shall have Power to apprehend and seize him; if a Complaint is lodged against him before a Magistrate, the Magistrate also shall not apprehend him during that Period.

If any Person is appointed Vakeel to plead or answer in any Suit, until he is released from such Appointment, neither his Creditor, nor any other Person for his own Concerns, may have Power to apprehend and detain him; if a Complaint is lodged against him before a Magistrate, the Magistrate also shall not apprehend him.

If any Person is employed, in the Magistrate's Presence, upon such Magistrate's Affairs, until he is released from the Magistrate's Business, neither his Creditor, nor any other Person for his own Concerns, shall have Power to apprehend or seize him; if a Complaint is lodged against him before a Magistrate, that Magistrate also shall not apprehend him.

If any Person is employed in feeding his Kine, or Buffaloes, or Goats, or Sheep, or such Kind of domestick Animals, until he is at Leisure from such Occupation, neither his Creditor, nor any other Person for his own Concerns, shall have Power to apprehend and detain him; if the Creditor, or any other Person lodges a Complaint against him, the Magistrate also, during that Period, must not apprehend him.

If any Person is employed in watching his Tillage, until he returns from thence, neither his Creditor, nor any other Person for his own Concerns, may have Power to apprehend and detain him; if a Complaint is preferred against him before a Magistrate, the Magistrate also shall not apprehend him during that Period.

If any Person is employed as a Painter, a Carpenter, a Builder, or in other Works of this Kind, until he is at Leisure from such Business, neither his Creditor, nor any other Person for his own Concerns, shall have Power to apprehend and detain him; if a Complaint is preferred against him before a Magistrate, the Magistrate also, during that Period, shall not apprehend him.

If any Person is engaged in War, until the War is determined, neither a Creditor, nor any other Person for his own Concerns, shall at that Time apprehend and detain him; if his Creditor, or any other Person, during that Period, prefers a Complaint against him before a Magistrate, the Magistrate also shall not apprehend him.

If any Person is employed as a Messenger, Until he returns, neither his Creditor, nor any other Person for his own Concerns, may have Power to apprehend and detain him; if a Complaint is preferred against him before a Magistrate, the Magistrate also, until he returns from the Execution of his Message, may not apprehend him.

If a Person is a Minor, his Creditor may not apprehend him; and if the Creditor makes complaint against him before a Magistrate, the Magistrate also shall not have Power to apprehend him.

If a Season of Scarcity or Calamity should happen to any Kingdom or Town, until the Calamity is ceased in that Kingdom or Town, a Person for his own Concerns shall not have Power to apprehend and detain another; if a Person on his own Concerns makes Complaint before a Magistrate, the Magistrate also may not apprehend a Person during that Period.

If any Person, having a Claim on another, hath preferred his Complaint, the Person sued must answer the Suit, and settle the Claim, before he can commence a Suit against the other; if he makes a Complaint, the Magistrate shall exact a Fine from him, but his Suit shall not drop.

If any Person has made a Complaint against another, as that, "Such a Person has traduced my Character, or has threatened me," in that Case, if the Complainant had first traduced, or threatened the other, the latter, without answering the Suit brought against him, may prefer a Complaint against the other for Abuse, or for Threats.

If any Person hath first abused another, or threatened him, after that, if the Second should abuse or threaten the First, he is not amenable; but he who first abused, or threatened the other, shall be fined by the Magistrate.

If a Person, to procure a Man's Death, should set his House on Fire, or cause him to take Poison, or endeavour to assassinate him, or should seize his Wife, and carry her away with him, or plunder and take away all his Effects and Grain, if the other should deprive such a Man of Life, he is not amenable: If a Bramin should commit such Crimes as these above-mentioned, his Life shall not be taken away; but if such a Bramin should come with Intent to murder another, and that Person has no Means of escaping, and cannot save his own Life, but by the Death of the Bramin, in that Case, if he should even kill the Bramin, the Magistrate shall not take a Fine from him: Also, if a Cow should attempt to kill any Person, and there is no Way of escaping, that Person may kill the Cow, for the Preservation of his own Life, and, in this Case, he shall not be amenable.

If Two Persons mutually abuse each other, or give Blows to each other, and the Abuse and Threats are equal on both Sides, the Magistrate shall exact from each of them an equal Fine.

If any Person first abuses another, or gives him Blows, and afterwards the Other returns him more Abuse, and a greater Number of Blows, the Magistrate shall exact a Fine from both of them; but he who first proceeded to Violence shall pay the largest Fine.

SECT. IV. Of Giving immediate Answer to a Complaint.

If a Person brings a Suit against another for the Murder of a Man, in that Case, the Accused, at the Time of appearing before a Magistrate, shall immediately, upon the Spot, give his Answer to this Affair; he may not be allowed any Time in giving his Answer.

If any Person is apprehended on Account of a Robbery, that Person, at the Time of appearing before a Magistrate, or Arbitrator, shall give immediate Answer to this Affair, and shall not be allowed any Delay in speaking.

If any Person accuses another for false and scandalous Abuse, the Accused, when he comes before a Magistrate, or Arbitrator, shall immediately give his Answer, and not be guilty of any Delay.

If any Person is apprehended upon an Affair concerning a Cow that produces Milk, he shall not be allowed any Procrastination in his Answer, but shall speak his Defence immediately.

On an Accusation for drinking Wine, a Man must not make any Delay in giving his Answer, he shall answer immediately to such an Affair.

If a Man is apprehended, on a Complaint, For criminal Conversation with any of his Father's Wives, exclusive of her who bore him, in such a Case, he shall not make delay in returning his Answer, but shall immediately answer to the Point.

If any Person makes complaint against another, that, "Such a Person has destroyed some very valuable Goods of mine," in such an Affair, the Accused shall not make any Procrastination in his Answer; he shall answer immediately to the Point.

If any Person has called a modest Woman unchaste, and the Woman or her Husband should make complaint to a Magistrate, whenever the Person accused appears before the Magistrate, or Arbitrator, he shall, upon the Spot, answer to the Complaint, and make no Delay.

If Two Persons quarrel for Possession of a Slave Girl, and both of them should separately assert the Girl to be their own Property, and One of them makes complaint against the other before a Magistrate, that Person shall directly give his Answer, and shall make no Delay.

In all other Causes, except such as have been before-mentioned, the Defendant may require some Delay to give in his Answer; but the Accuser shall in no Cause make any Delay in his pleading.

If either the Plaintiff or Defendant, being terrified, are unable to give immediate Answer, then, according to the Nature of the Affair, a Time shall be appointed them for giving in their Answer; if at the Time appointed they are unable, either by some Calamity of the Season, some Innovation of the Magistrate, to give their Answer, they are not blamable; but they shall be held to prove such Calamity of the Season, or Innovation of the Magistrate; if they cannot produce this Proof, they shall incur Blame; and on the Time appointed, if they, with any fraudulent Intent, do not give in their Answer, the Magistrate shall make them amenable, and they shall be Cast in that Cause.

SECT. V. Of Plea and Answer.

When the Plaintiff and Defendant come before the Magistrate, or Arbitrator, the Plaintiff at that Time shall give an Account of the Circumstances of his Plea, in such a Manner, that the Words be few and the Meaning extensive, and that no Doubt of the Sense of his Speech may arise in the Minds of any of the Audience, and that the first and last Parts of his Plea be well connected and consistent, and the Cause of the Dispute shall be therein explained, and the Reason why the Defendant should be Cast; in the same Manner also the Defendant, after Conclusion of the Plaintiff's Plea, shall return his Answer.

If the Plaintiff gives, in Writing, to the Magistrate, or Arbitrator, a Statement of his Case, he shall write that Statement also, in the same Manner that hath been above directed; and the Defendant also shall write his Answer after the same Mode.

If the Plaintiff hath delivered in a written Statement of his Suit, until the Defendant gives in his written Answer, the Plaintiff may take back his Representation, to alter what may be too full, or too concise, in some Places, and give in a fresh corrected Writing; but if the Defendant hath delivered in his written Answer, the Plaintiff may not correct and rewrite what may be too copious, or too contracted of his original Plea.

When the Plaintiff, or Defendant, writes his Plea or Answer, it shall be written. with his own Hand; if he is unable to write, he shall cause it to be written by another: If the Plaintiff or Defendant should give one Explanation of his Case, and the Copyist should state it another way, that Copyist shall receive the same Punishment as a Robber.

In a Cause concerning Property, if the Plaintiff or Defendant should be guilty of a Mistake or two in the Course of his Pleading, he shall not, upon that Account, lose his Suit, but the Magistrate shall fine him.

If a Person complains against another, that, "Such a Person has kicked me on the Head," and it should afterwards appear that he has not kicked him on the Head, but has struck him with his Fist, that Person is condemned in that Suit, and he shall become amenable to the Magistrate.

When the Plaintiff urges his Plea, the Defendant must answer regularly, according to the Plea, and not deviate from the immediate Subject of the Suit.

After Suit begun by the Plaintiff, if the Defendant should abscond, after an Absence of One Month and an Half, he shall be cast.

After Suit begun by the Plaintiff, if the Defendant delays to answer beyond Seven Days, he shall be Cast; if an appointed Day for Answer be given him, and he does not give his Answer in the Time of that Appointment, he shall be Cast.

If the Plaintiff urges his Plea, and the Defendant denies it, in that Case, when the Plaintiff, by producing Witnesses, can prove his Suit, the Defendant shall be Cast.

SECT. VI. Of Two Sorts of Answer, proper and improper.

That is a proper Answer, when, after Statement of the Plaintiffs Plea, upon the Defendant's giving in his Answer, he weighs his Words with such Nicety, that they comprehend the whole of his Meaning, and no Doubt arises in the Audience from his pleading, and the first and last Parts of his Speech are well connected and consistent, and he explains himself in so clear and perspicuous a Manner, that every Person understands him. — This is called a proper Answer.

That is an improper Answer which does not regularly take up the Assertions of the Plea; as for Instance, when the Plaintiff gives a full and copious Statement of his Case, and the Defendant makes a contracted, defective Answer, or when the Plaintiff's Plea is concise, and the Defendant's Answer prolix; when there is a Difference and Inconsistency between the first and last Parts of the Answer, and when it is confused and varied, so as not to be intelligible. This is called an improper Answer.

The Two Modes of Answer, that have been explained above, are composed of Four Distinctions, viz.

First. Mut-booter.
Second. Shumpertee-putt.
Third. Pertubbish Gunden.
Fourth. Perranek Neeay.

First. Mut-booter, that is, an Answer denying the Plea.

Mut-booter has Four Distinctions.

First. When the Plaintiff brings in a regular Bill, and the Defendant says, "Your Plea is false."

Second. When the Plaintiff brings in a regular Bill, and the Defendant says, "I know Nothing of the Matter."

Third. When the Plaintiff brings in his Suit, as, "In such a Year, I deposited such Goods in your Hands, or lent you such a Sum," the Defendant answers, "In that Year, I was not yet born."

Fourth. When the Plaintiff brings in a regular Suit, that, "In such a Year, in such a Place, I deposited certain Goods in your Hands, or lent you a Sum of Money," the Defendant answers, that, "In the Year specified, I never was at the Place you mention," upon Answer being given in these Four Methods, the Proof of the Plea rests with the Plaintiff.

Second. Shumpertee-putt is when a Man producing Claim upon another, the Person answers, "I confess that the Subject of your Claim is in my Possession," in this Case, there is no Need of Writing or Witnesses.

Third. Pertubbish Gunden is when a Man producing a Claim upon another, the Person answers, "I acknowledge the Justice of your Claim," but at the same Time, if he has it not in his Power to make good the Subject of the Claim, he should so express himself: Pertubbish Gunden also admits of Three Distinctions: As,

1st. When a Man produces a Claim against another, saying, that, "You owe me a Debt of One Hundred Rupees" the Person answers, "I confess to have borrowed One Hundred Rupees of you, but I have repaid them," in which Case, the Proof of the Affair rests with the Claimant;

2d. When One Man says, "Such a Piece of Ground belongs to me by Inheritance from my Father and Ancestors," and another Person also affirms of the same Piece of Ground, that, "It belongs to me by Inheritance from my Father and Ancestors," in this Case, the Proof of the Affair rests with the First Claimant; and if he is unable to produce Proofs, the Second Claimant shall then ascertain and prove his Title to the Ground in Question.

3d. When Two Persons lay claim to the same Parcel of Land, One saying, "This Ground belongs to me by Inheritance from my Father and Ancestors," the other replying, "I have applied to my own Use this Piece of Ground, for the Space of Ten Years, and of Right it belongs to me," in this Suit, the former Claimant is held to prove the Inheritance derived from his Father and Ancestors; if he can prove this Point, then the Cause must be referred to the Chapter of the Daye Bhag, for considering the Time of the Usufruct, which is explained in the Section of Acquiring a Property in the Possessions of another.

4th. Perranek Necay is when a Man, upon losing his Cause before a Magistrate, or Arbitrator, says, that, "My Opponent, in this Affair, was formerly Cast upon a Trial before such an Arbitrator, and I gained my Suit," in such Case, he who affirms to have had a Verdict in his Favour, upon the Investigation of a former Arbitrator, shall be held to produce Proofs of that Circumstance.

If a Man brings a Suit against another, saying, "I lent you One Hundred Rupees" and the Defendant answers, "I never received One Hundred Rupees, I received Fifty Rupees, and have repaid them," in this Case, the Arbitrators shall first investigate the Repayment, and afterwards make Inquiry, whether the Sum lent was really One Hundred or Fifty Rupees.

If a Man brings a Suit against another, saying, "You owe me a Debt of One Hundred Rupees" if the Defendant answers, "I never received One Hundred Rupees, I received Twenty-five Rupees, and have repaid them," in this Case, the Arbitrators shall first investigate, whether the original Debt was really One Hundred or Twenty-five Rupees, and afterwards shall make Inquiry as to the Repayment; and in all Cases, where the Plaintiff makes a large Demand, of which the Defendant acknowledges a Part only, less than Half the Sum claimed, Inquiry shall be conducted upon this Principle here explained.

A Plaintiff lays his Claim for One Hundred Rupees lent, the Defendant answers, "I never borrowed from you any Part of it," but at the same Time the Plaintiff hath in his Hand a Bond for One Hundred Rupees, and it therein appears that the Defendant hath repaid Fifty Rupees, and there are Witnesses to this Circumstance, in such a Case, the Arbitrator shall first investigate the Bond, and then examine the Witnesses.

If a Man brings a regular Suit against another, and that Person absolutely denies the Claim, in that Case, the Plaintiff shall be held to prove his Claim; if the Plaintiff has neither Writing nor Witnesses for his Proof, the Defendant shall perform the Purrikeh (that is) an Ordeal, to satisfy the other.

If a Man brings a Suit against another, who answers, " I am in doubt about this Affair," such Plea is not to be admitted as an Answer; in that Case, the Plaintiff shall prove his Claim by a Deed, by Witnesses, or by Usufruct on the Part of the Defendant; if he fails in these Three Modes, he shall take his Oath, or perform the Purrikeh: In every Affair, where a Deed, Witnesses, or Proof of Usufruct cannot be produced, an Oath must be taken, or the Purrikeh performed.

If a Man brings a Suit against another, saying, "I have lent you several different Articles," and the Person answers, "I never received One of the Articles you mention," in that Case, if the Plaintiff proves any One of all the Articles claimed, to be in the Defendant's Possession, the Magistrate shall cause the whole so claimed to be restored: In this Affair, it is not the Fault of the Magistrate; if the Plaintiff, having made his Claim for several Things, should add afterwards, that, "Another Article is still in your Possession, which by Mistake I formerly omitted to mention in my Suit;" such a Claim is not approved; according to the Ordinations of Sewarteh Behtacharige, and this Ordination is approved (or customary.)

If a Man brings a Suit against another, saying, "I have lent you several different Articles," and that Person answers, "I have not received any Thing, if you can prove my Receipt even of One Article, I will make good the whole of your Claim," in that Case, if the Person can prove any One Article, the other shall be held to make good the whole; according to the Ordination of Jogue Logue, and the Pundits of Methilla.

If a Man hath accused another of the Murder of a Man, or of a Robbery, or of Adultery, and should say, "You have in several Places been guilty of these Crimes," and the Defendant denies the Accusation, in such a Case, if the Accuser can prove upon the other the Commission of any One of these Crimes, it shall be a Proof of the whole Complaint.

If a Man brings a Suit against another, saying, "I have intrusted several Articles (or) I have lent a Sum of Money to your Father, or Uncle, or Grandfather," which he demands should be returned, and the other denies the Affair, saying, "I know not the least of this Matter, prove your Claim, and receive it," in that Case, whatever Article the Plaintiff can prove he shall receive, and whatever he cannot prove he shall not receive.

When Two Persons upon a Quarrel refer to Arbitrators, those Arbitrators, at the Time of Examination, shall observe both the Plaintiff and Defendant narrowly, and take notice, if either and which of them, when he is speaking, hath his Voice falter in his Throat, or his Colour change, or his Forehead sweat, or the Hair of his Body stand erect, or a Trembling come over his Limbs, or his Eyes water, or if, during the Trial, he cannot stand still in his Place, or frequently licks and moistens his Tongue, or hath his Face grow dry, or, in speaking to One Point, wavers and shuffles off to another, or, if any Person puts a Question to him, is unable to return an Answer; from the Circumstances of such Commotions, they shall distinguish the guilty Party.

In a Suit where One of the Parties, be it either Plaintiff or Defendant, produces a Writing, which the other doth not approve or allow, the Possessor of that Writing shall not gain his Suit, until he can confirm it by Proof. The Mode of ascertaining a Writing is this, that he shall produce another Copy of the Man's Writing, who, with his own Hand, drew out the Writing in Question, and so prove its Authenticity.

If a Man brings a Suit against another, and can by any Means produce Proof of his Claim, the Cause shall be decreed in his Favour.

A Writing is of Two Sorts, First, that which a Man writes with his own Hand; Second, that which he procures to be written by another: Of these Two Sorts, that which is written by a Man's own Hand, even without Witnesses, is approved; and that written by another, if void of Witnesses, is not approved.

When a Debtor, having caused his Bond to be written by another Person, and, having procured Witnesses to it, hath borrowed Money upon it, after that, supposing that the Witness, who signed his Name upon the Bond, and he also, by whose Hand the Bond was written, are both dead, and the Debtor and Creditor also are dead, and a Dispute arises between the Sons of the Debtor and Creditor concerning this Bond, the Son of the Debtor, saying, "I know Nothing of this Bond," then, if the Creditor, or Sons of the Creditor, at the Time when the Bond became due, had demanded their Money from the Debtor, in the Presence of some other Persons, and had caused the Bond to be read by Three or Four People, and can prove this Circumstance, the Bond is approved; but if any Article had been pledged, then, even without previous Demand of the Sum due by the Bond, before other Persons, and without having caused it to be read, the Bond is approved.

If a Lender of Money says to a Person, "A Debt due to me is outstanding in your Hands," and that Person denies the Debt, if at that Time the Bond is not in the Lender's Hands, but should be in some other Kingdom, then, until he brings the Bond from such other Kingdom, the Suit shall not be determined.  

If it should happen that a Bond in a Creditor's Possession should be burnt, or some of the Letters in it are become invisible, or the Bond be stolen from him, or by any Means be spoiled, and, upon Demand of the Sum due, the Debtor should refuse Payment, in that Case, the Creditor shall bring any Person who had formerly seen the Bond, and shall prove the Bond by his Evidence.

If a Bond in a Creditor's Possession should chance to be torn, or the Letters should be obliterated, or the Bond by any Means be spoiled, the Creditor shall cause the Debtor, in such Case, to write a fresh Obligation.

If a Man hath, for any Reason, executed a Bond, in the Name of another Person, and borrowed a Sum of Money on Account of it, and afterwards, upon the Creditor's demanding Payment of the Man, from whom he received the Bond, that Person should answer, "I never borrowed any Money of you, if I have so borrowed, produce my Bond," the Creditor says, "You borrowed Money of me upon a Bond, written in the Name of another Person," which other Person says, "I never borrowed any Money of you, but, as a strict Intimacy subsisted between the Borrower and me, he gave the Bond in my Name, and converted the Money to his own Use,'' on a Dispute of this Nature, the Arbitrator shall first examine the Connexion that subsisted at the Time of the Execution of the Bond in Question, between the Borrower of the Money and him in whose Name the Bond was passed, and whether or no they are near Relations; from these Two Circumstances he shall form his Judgment, and also from the Evidence of the Witness who originally attested the Bond.

If a Person possesses the Title Deed of any Article, and another Person, by Intervention of his own, renders that Deed unapproved, in that Case, he who Possesses such a Writing shall reduce it to Proof; but if that Person should be dead, after having applied the Article in Point to his own Use, the Son of that Person shall not be held to prove the Title Deed, but shall prove his Father's Usufruct.

If a Person, possessing the Title Deed of any Article, should die, without having applied that Article to his own Use, in that Case, his Son shall be held to prove the Validity of the Title Deed.

If a Lender of Money should say to a Person, "You owe me a Sum of Money, I demand Payment," to which Demand that Person makes no Reply, after that, he again makes the same Demand, and in like Manner receives no Kind of Answer, after a Repetition of such Demand for Five several Times, if that Person should say to the Claimant, "I owe you Nothing," upon such a Suit, the Magistrate shall cause that Person to pay the Claimant the Money demanded.

If a Plaintiff prefers a Claim, and the Defendant denies it, then, upon Proof of the justice of the Claim, the Magistrate shall cause the Money in Dispute to be paid to the Plaintiff, and shall also exact a Fine from the Defendant.

If a Person, who hath brought a Suit against another, can ascertain his Claim, by the Evidence of Witnesses, by a Writing, by Proof of Usufruct, by Opinion of Arbitrators, by the Purrikeh, or by an Oath, the Suit shall be given in his Favour: If he cannot prove it by any of these Means, he is culpable, even if he acknowledges the Fault he has committed, he shall still be deemed culpable.

SECT. VII. Of Evidence.

Whoever has seen a Transaction with his own Eyes, or has heard it with his own Ears, such a Person is a Witness.

When a Plaintiff or Defendant have not applied to a Witness, who is conscious of any Transaction, desiring him to appear as a Witness in their Cause, if the Magistrate, or Arbitrator, summon such a Witness, and question him as to the Circumstances of the Transaction, such Part of his Evidence as relates to what he has seen with his own Eyes, and heard with his own Ears, is approved.

When a Person, being Witness of any Transaction, hath explained the Circumstances of that Transaction to another Person, the Plaintiff or Defendant may constitute such Person as a Witness, to testify whatever was explained to him by the other; such Person is called a Secondary Witness; and the Evidence delivered by such Secondary Witness is approved.

In a Suit concerning Limits and Boundaries, whoever is acquainted with the true State of those Limits and Boundaries, without being appointed Witness in the Cause, may deliver in his Evidence.

If a Plaintiff or a Defendant secretly hides a Person where he may over-hear the Discourse, and then asks a Witness the true Circumstances of the Case, and that Person with his own Ears hears the Relation of the Witness, such Person is called a hidden Witness, and the Evidence of a hidden Witness is true.

He who is a Witness shall keep by him a written Statement of every Transaction, in which he is a Witness, that, even after a considerable Space of Time, he may be enabled to recollect it.

A Witness, a Borrower, or a Principal in any other Affair, shall write with his own Hand an Account of every Affair so concerning him; if he does not know how to write himself, he shall cause it to be written by another.

SECT. VIII. Of Proper and Improper Evidence.

A Minor until Fifteen Years of Age, One single Person, a Woman, a Man of bad Principles, a Father, or an Enemy, may not be Witnesses; but if the Father and the Enemy are Men of good Disposition, and Speakers of Truth, and Men are well acquainted with the Goodness of their Disposition and Veracity, these Two Persons may be Witnesses.

He who regulates his Actions by the Beids and Sheerut of the Shaster, Three such Men shall be appointed Evidences; less than this Number shall not be made Witnesses; and this Order is in the Chapter concerning Affairs of a long Space of Time.

Men of every Tribe shall appoint Witnesses from their own Tribe, as a Bramin shall appoint a Bramin, a Chehteree shall appoint a Chekteree; and so in regard to each Tribe, Men of the same Tribe shall he constituted Witnesses; a Woman also shall appoint a Woman her Witness; but upon the Time of any Transaction, if a Person of the same Tribe happens not to be present, a Witness shall be appointed from those upon the Spot, to whatever Tribe they may chance to belong.

If the Plaintiff or Defendant, at their own Option, appoint a single Person only, known to be a Man of Veracity and good Behaviour, as their Witness, that single Person also may become a Witness; also a Person who is not of good Disposition, yet not fraudulently inclined, nor avaricious, if such a Person be agreeable to both Plaintiff and Defendant, he may, though single, be a Witness.  

If the Serwutteree, or Bramins learned in the Beids, give Evidence, Nine of them are required; if there are not Nine, there must be Seven; if there are not Seven of them, there must be Five; if there are not Five of them, there must be Four; if there are not Four of them, there must be Three; if there are not Three of them, Two shall give Evidence; a single Bramin, learned in the Beids, cannot be a Witness.

A Bramin Serwutteree, or learned in the Beids, a Devotee become very infirm, and a Sinassee shall not be Witnesses; but if these have seen a Quarrel between Two Persons, and of themselves deliver in Evidence, it is approved.

He who hath killed a Man, or who is guilty of Theft, of Adultery, or of false Abuse, or who, enticing a Man to himself, by Treachery and Deceit, deprives him of Life, and destroys his Effects, or whoever is a Juggler, and is constantly employed in Games of Dice and Chances, or whoever is a perpetual Wrangler, such Persons shall not be Witnesses.

A Slave of either Sex, a blind Man, a Woman, a Minor until Fifteen Years of Age, an old Man of Eighty Years, a Man afflicted with a Leprosy, One guilty of Murder, of Theft, of Adultery, or of false Abuse, or who, enticing a Man to himself, by Treachery and Deceit, deprives him of Life, and destroys his Effects, or whoever is constantly employed in Games of Dice and Chances, or who is a perpetual Wrangler, or a Juggler, such Persons, in Affairs of Murder, of Theft, of Adultery, and of false Abuse, may not be Witnesses: In these Four Cases, One single Man of Veracity and good Conduct, with whose good Disposition and Love of Truth Men are well acquainted, may alone be a Witness.

Supposing a Person to lend another Money secretly, or secretly to intrust his Property to the Care of another, in such Affairs, One single Person is a sufficient Witness.

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Part 2 of 2

SECT. IX. Of the Modes of Examining Witnesses.

He who means to question a Witness, having bathed himself, shall put his Questions in the Tenth Ghurrie of the Day: The Witness also, having bathed himself, and turned his Face towards the Eastern or Northern Quarter, shall deliver his Evidence: The Examiner shall ask the Witness (if a Bramin) with Civility and Respect, saying, "Explain to me what Knowledge you have of this Affair;" and to a Chehteree he shall say, "What do you know of this Affair? speak the Truth;" and to a Bice he shall say, "What do you know of this Affair? if you give false Evidence, whatever Crime there is in dealing Kine, or Gold, or Paddee, or Wheat, or Gram, or Barley, or Milliard, and such Kind of Grain, shall be accounted to you;" and to a Sooder he shall say, "What do you know of this Affair? speak; if your Evidence is false, whatever Crime is the greatest in the World, that Crime shall be accounted to you."  

He who means to take an Evidence shall separately explain the religious Merit of faithful Testimony, and the horrid Nature of the Crime of false Witness; as that the Merit of a true Deposition is greater than the Merit of a Thousand Ashummeed Juggs: (An Ashummeed Jugg [Ashvamedha] is when a Person, having commenced a Jugg, writes various Articles upon a Scroll of Paper, on a Horse's Neck, and dismisses the Horse, sending along with the Horse a stout and valiant Person, equipped with the best Necessaries and Accoutrements to accompany the Horse Day and Night, whithersoever he shall choose to go; and if any Creature, cither Man, Genius, or Dragon, should seize the Horse, that Man opposes such Attempt, and, having gained the Victory upon a Battle, again gives the Horse his Freedom: If any One in this World, or in Heaven, or beneath the Earth, would seize this Horse, and the Horse of himself comes to the House of the Celebrator of the Jugg, upon killing that Horse, he must throw the Flesh of him upon the Fire of the Juk, and utter the Prayers of his Deity; such a Jugg is called a Jugg Ashummeed, and the Merit of it as a religious Work is infinite.) And the Crime of false Witness is the same as if a Man had murdered a Bramin, or had deprived a Woman of Life, or had assassinated his Friend; or of One, who, in return for Good, gives Evil; or who, having learned a Science or Profession, gives his Tutor no Reward; or of a Woman, who, having neither Son, nor Grandson, nor Grandson's Son, after her Husband's Death, celebrates not the Seradeh to his Memory; or of a Son, who celebrates not the Seradeh for his Father and Mother; or of him, who, having received a Kindness, is always mentioning the Faults of his Benefactor, and conceals the Benefit received; or of him, who forsakes any One of the Four Isrum, or Modes of Life: (The Four Isrum are a Berhemcharry, a Sinassee, a Ban Perust, and a Householder; of these the Berhemcharry, the Sinnassee, and the Ban Perust, have already been explained in the Chapter of Daye Bhag, and a Householder is he who hath a Wife, a Son, a Brother, and Grandson; or, if he hath not these, who nevertheless keeps a House.) Whatever Crime is incurred in such Actions as above-mentioned, the same Crime is incurred by giving false Witness.

In an Affair concerning Kine, if any Person gives false Evidence, whatever Guilt is incurred by the Murder of Ten Persons, he becomes obnoxious to the Punishment due to such a Crime, besides the Guilt already explained.

In an Affair concerning a Horse, if any Person gives false Evidence, Guilt is as great as the Guilt of murdering One Hundred Persons.

Besides Kine and Horses, in an Affair concerning any other Animal that hath Hair upon its Tail, if any Person gives false Evidence, whatever Guilt is incurred by the Murder of Five Persons, that Guilt shall be imputed to him.

In an Affair, concerning a Man, if any Person gives false Evidence, whatever Guilt is incurred by the Murder of One Thousand Persons, he becomes amenable to the Punishment of such Guilt.

In an Affair concerning Gold, if any Person gives false Evidence, whatever Guilt would be incurred in murdering all the Men who have been born, or who shall be born in the World, shall be imputed to him.

In an Affair concerning Land, if any Person gives false Evidence, whatever Guilt would be incurred by the Murder of all living Creatures in the World, he shall be liable to the Punishment due to such Guilt.

Wherever several Persons are Witnesses to One Point, the Arbitrators, at the Time of examining the Witnesses, shall question such Witnesses in a Body together, and shall not examine them separately, these Witnesses also shall all deliver in their Evidence, at once, jointly.  

Wherever several Persons are Witnesses separately, and to different Points, the Arbitrators, at the Time of examining the Evidences, shall not question any One of these Witnesses in the Presence of the rest; the Witnesses also shall each of them separately give their own Evidence, out of hearing of the rest.

When a Witness is to give his Evidence, he shall testify, without having any Scruple of Doubt remaining in his Mind.

When a Man is appointed a Witness, if he will not give his Evidence, whatever Guilt is incurred by false Evidence, the same Guilt shall be imputed to him; and the Magistrate shall exact from him the same Fine as from a Person guilty of false Witness.

If the Plaintiff or Defendant in a Cause have appointed any Person a Witness, and afterwards should say to him, "Whatever you know of our Case, tell it to another Person," and the Witness upon this relates the Affair to another, afterwards, when the Arbitrator, having summoned this Witness, proceeds to Examination, if that Witness should say, "I know not this Affair," in that Case, whatever is the Value of the Article in Dispute, he shall pay a Fine of Eight Times as much: If a Bramin, being appointed a Witness, should be guilty of this Practice, a Fine shall not be exacted from him, but he shall be banished [from] the Kingdom.

Wherever a true Evidence would deprive a Man of his Life, in that Case, if a false Testimony would be the Preservation of his Life, it is allowable to give such false Testimony; and for Ablution of the Guilt of false Witness, he shall perform the Poojeeh Sereshtee; but to him who has murdered a Bramin, or slain a Cow, or who, being of the Bramin Tribe, has drunken Wine, or has committed any of these particularly flagrant Offences, it is not allowed to give false Witness in Preservation of his Life.

If a Marriage for any Person may be obtained by false Witness, such Falsehood may be told; as upon the Day of celebrating the Marriage, if on that Day the Marriage is liable to be incomplete, for want of giving certain Articles, at that Time, if Three or Four Falsehoods be asserted, it does not signify; or if, on the Day of Marriage, a Man promises to give his Daughter many Ornaments, and is not able to give them, such Falsehoods as these, if told to promote a Marriage, are allowable.

If a Man, by the Impulse of Lust, tells Lies to a Woman, or if his own Life would otherwise be lost, or all the Goods of his House spoiled, or if it is for the Benefit of a Bramin, in such Affairs, Falsehood is allowable.

In a Case where there are many Witnesses, if, at the Time of Examination, most of them give their Evidence for One Person, and One or Two of them depose in Favour of the other Party, the Evidence of the Majority is approved; if of the whole Number of Witnesses Half depose for One Side, and Half for the other, then the Evidence of any One of the Witnesses who is a Man of Science shall be credited; if they are all Men of Science, the Evidence of him among them who is the farthert advanced in Knowledge is approved; if the Knowledge of all of them is equal, the Testimony of him among them who regulates his whole Conduct by the Beids is approved; if they all regulate their Conduct by the Beids, and the Evidence of such Men is contradictory, then such a Suit as this cannot be decided by the Testimony of Witnesses; but the Purrikeh [Parikyah] must be performed.

THE OATH AND ITS ACCESSORIES...

So far, indeed, were the Barbarians from reposing implicit confidence in the integrity of their fellows that their earliest records show how fully they shared in the common desire of mankind to place the oath under the most efficient guarantees that ingenuity could devise. In its most simple form the oath is an invocation of some deity or supernatural power to grant or withhold his favor in accordance with the veracity of the swearer, but at all times men have sought to render this more impressive by interposing material objects dear to the individual, which were understood to be offered as pledges or victims for the divine wrath. Thus, among the Hindus, the ancient Manava Dharma Sastra prescribes the oath as satisfactory evidence in default of evidence, but requires it to be duly reinforced—

“In cases where there is no testimony, and the judge cannot decide upon which side lies the truth, he can determine it fully by administering the oath.

“Oaths were sworn by the seven Maharshis, and by the gods, to make doubtful things manifest, and even Vasishtha sware an oath before the king Sudama, son of Piyavana, when Viswamitra accused him of eating a hundred children.

“Let not the wise man take an oath in vain, even for things of little weight; for he who takes an oath in vain is lost in this world and the next.

“Let the judge swear the Brahman by his truth; the Kshatriya by his horses, his elephants, or his arms; the Vaisya by his cows, his corn, and his gold; the Sudra by all crimes.”

And in the more detailed code of Vishnu there is an exceedingly complicated system of objects to be sworn upon, varying with the amount at stake and the caste of the swearer...

The black Australioid Khonds ... Not only do they constantly employ the ordeals of boiling water and oil and red-hot iron, which they may have borrowed from their Hindu neighbors, but they administer judicial oaths with imprecations that are decidedly of the character of ordeals. Thus an oath is taken on a tiger’s skin with an invocation of destruction from that animal upon the perjured; or upon a lizard’s skin whose scaliness is invited upon him who may forswear himself; or over an ant-hill with an imprecation that he who swears falsely may be reduced to powder....

The hill-tribes of Rajmahal, who represent another of the pre-Aryan Indian races, furnish us with further developments of the same principle, in details bearing a marked analogy to those practised by the most diverse families of mankind. Thus the process by which the guilt of Achan was discovered (Joshua vii. 16-18), and that by which, as we shall see hereafter, Master Anselm proposed to identify the thief of the sacred vessels of Laon, are not unlike the ceremony used when a district is ravaged by tigers or by pestilence, which is regarded as a retribution for sin committed by some inhabitant, whose identification thus becomes all-important for the salvation of the rest. In the process known as Satane a person sits on the ground with a branch of the bale tree planted opposite to him; rice is handed to him to eat in the name of each village of the district, and when the one is named in which the culprit lives, he is expected to throw up the rice. Having thus determined the village, the same plan is adopted with respect to each family in it, and when the family is identified, the individual is discovered in the same manner. Another form, named Cherreen, is not unlike the ordeal of the Bible and key, not as yet obsolete among Christians. A stone is suspended by a string, and the names of the villages, families, and individuals are repeated, when it indicates the guilty by its vibrations. Thieves are also discovered and convicted by these processes, and by another mode known as Gobereen, which is a modification of the hot-water ordeal. A mixture of cow-dung, oil, and water is made to boil briskly in a pot. A ring is thrown in, and each suspected person, after invoking the Supreme Deity, is required to find and bring out the ring with his hand—the belief being that the innocent will not be burned, while the guilty will not be able to put his hand into the pot, as the mixture will rise up to meet it....

It is among the Aryan races that we are to look for the fullest and most enduring evidences of the beliefs which developed into the ordeal, and gave it currency from the rudest stages of nomadic existence to periods of polished and enlightened civilization. In the perfect dualism of Mazdeism, the Yazatas, or angels of the good creation, were always prompt to help the pure and innocent against the machinations of Ahriman and his Daevas, their power to do so depending only upon the righteousness of him who needed assistance. The man unjustly accused, or seeking to obtain or defend his right, could therefore safely trust that any trial to which he might be subjected would be harmless, however much the ordinary course of nature would have to be turned aside in order to save him. Thus Zoroaster could readily explain and maintain the ancestral practices, the common use of which by both the Zend and the Hindu branches of the Aryan family points to their origin at a period anterior to the separation between the kindred tribes. In the fragments of the Avesta, which embody what remains to us of the prehistoric law of the ancient Persians, we find a reference to the ordeal of boiling water, showing it to be an accepted legal process, with a definite penalty affixed for him who failed to exculpate himself in it:—

“Creator! he who knowingly approaches the hot, golden, boiling water, as if speaking truth, but lying to Mithra;

“What is the punishment for it?

“Then answered Ahura-Mazda: Let them strike seven hundred blows with the horse-goad, seven hundred with the craosho-charana!"

The fire ordeal is also seen in the legend which relates how Sudabeh, the favorite wife of Kai Kaoos, became enamored of his son Siawush, and on his rejecting her advances accused him to his father of endeavoring to seduce her. Kai Kaoos sent out a hundred caravans of dromedaries to gather wood, of which two immense piles were built separated by a passage barely admitting a horseman. These were soaked with naphtha and fired in a hundred places, when Siawush mounted on a charger, after an invocation to God, rode through the flames and emerged without even a discoloration of his garments. Sudabeh was sentenced to death, but pardoned on the intercession of Siawush. Another reminiscence of the same ordeal may be traced among the crowd of fantastic legends with which the career of Zoroaster is embroidered. It is related that when an infant he was seized by the magicians, who foresaw their future destruction at his hands, and was thrown upon a huge pile composed of wood, naphtha, and sulphur, which was forthwith kindled; but, through the interposition of Hormazd, “the devouring flame became as water, in the midst of which slumbered the pearl of Zardusht.”

In Pehlvi the judicial ordeal was known as var nirang, and thirty-three doubtful conjunctures are enumerated as requiring its employment. The ordinary form was the pouring of molten metal on the body of the patient, though sometimes the heated substance was applied to the tongue or the feet. Of the former, a celebrated instance, curiously anticipating the story told, as we shall see hereafter, of Bishop Poppo when he converted the Danes, is related as a leading incident in the reformation of the Mazdiasni religion when the Persian monarchy was reconstructed by the Sassanids. Eighty thousand heretics remained obstinate until Sapor I. was so urgent with his Magi to procure their conversion that the Dustoor Adurabad offered to prove the truth of orthodoxy by suffering eighteen pounds of melted copper to be poured over his naked shoulders if the dissenters would agree to yield their convictions in case he escaped unhurt. The bargain was agreed to, and carried out with the happiest results. Not a hair of the Dustoor’s body was singed by the rivulets of fiery metal, and the recusants were gathered into the fold.

Among the Hindu Aryans so thoroughly was the divine interposition expected in the affairs of daily life that, according to the Manava Dharma Sastra, if a witness, within a week after giving testimony, should suffer from sickness, or undergo loss by fire, or the death of a relation, it was held to be a manifestation of the divine wrath, drawn down upon him in punishment for perjured testimony. There was, therefore, no inducement to abandon the resource of the ordeal, of which traces may be found as far back as the Vedic period, in the forms both of fire and red-hot iron. In the Ramayana, when Rama, the incarnate Vishnu, distrusts the purity of his beloved Sita, whom he has rescued from the Rakshasha Ravana, she vindicates herself by mounting a blazing pyre, from which she is rescued unhurt by the fire-god, Agni, himself. Manu declares, in the most absolute fashion—

“Let the judge cause him who is under trial to take fire in his hand, or to plunge in water, or to touch separately the heads of his children and of his wife.

“Whom the flame burneth not, whom the water rejects not from its depths, whom misfortune overtakes not speedily, his oath shall be received as undoubted.

“When the Rishi Vatsa was accused by his young half-brother, who stigmatized him as the son of a Sudra, he swore that it was false, and, passing through fire, proved the truth of his oath; the fire, which attests the guilt and the innocence of all men, harmed not a hair of his head, for he spake the truth.”

And the practical application of the rule is seen in the injunction on both plaintiff and defendant to undergo the ordeal, even in certain civil cases.

In the more developed code of Vishnu we find the ordeal system exceedingly complicated, pervading every branch of jurisprudence and only limited by the amount at stake or the character or caste of the defendant. Yet Hindu antiquity is so remote and there have been so many schools of teachers that the custom apparently did not prevail in all times and places. One of the most ancient books of law is the Dharmasastra of Gautama, who says nothing of ordeals and relies for proof wholly on the evidence of witnesses, adding the very relaxed rule that “No guilt is incurred in giving false evidence in case the life of a man depends thereon.”

This, however, is exceptional, and the ordeal maintained its existence from the most ancient periods to modern times. Under the name of purrikeh, or parikyah, it is prescribed in the native Hindu law in all cases, civil and criminal, which cannot be determined by written or oral evidence, or by oath, and is sometimes incumbent upon the plaintiff and sometimes upon the defendant. In its various forms it bears so marked a resemblance to the judgments of God current in mediæval Europe that the further consideration of its use in India may be more conveniently deferred till we come to discuss its varieties in detail, except to add that in Hindu, as in Christian courts, it has always been a religious as well as a judicial ceremony, conducted in the presence of Brahmans, and with the use of invocations to the higher powers....

THE ORDEAL OF BOILING WATER.

The ordeal of boiling water (æneum, judicium aquæ ferventis, cacabus, caldaria) is the one usually referred to in the most ancient texts of laws. It was a favorite both with the secular and ecclesiastical authorities, and the manner in which the pagan usages of the ancient Aryans were adopted and rendered orthodox by the Church is well illustrated by the commendation bestowed on it by Hincmar, Archbishop of Reims, in the ninth century. It combines, he says, the elements of water and of fire; the one representing the deluge—the judgment inflicted on the wicked of old; the other authorized by the fiery doom of the future—the day of judgment, in both of which we see the righteous escape and the wicked suffer. There were several minor variations in its administration, but none of them departed to any notable extent from the original form as invented in the East. A caldron of water was brought to the boiling-point, and the accused was obliged with his naked hand to find a small stone or ring thrown into it; sometimes the latter portion was omitted, and the hand was simply inserted, in trivial cases to the wrist, in crimes of magnitude to the elbow; the former being termed the single, the latter the triple ordeal; or, again, the stone was employed, suspended by a string, and the severity of the trial was regulated by the length of the line, a palm’s breadth being counted as single, and the distance to the elbow as triple...

As a means of judicial investigation, the Church, in adopting it with the other ordeals, followed the policy of surrounding it with all the solemnity which her most venerated rites could impart, thus imitating, no doubt unconsciously, the customs of the Hindus, who, from the earliest times, have made the ordeal a religious ceremony, to be conducted by Brahmans, with invocations to the divine powers, and to be performed by the patient at sunrise, immediately after the prescribed ablutions, and while yet fasting....

The modern Hindoo variety of this ordeal consists in casting a piece of gold or a metal ring into a vessel of boiling ghee, or sesame oil, of a specified size and depth. Sacrifices are offered to the gods, a mantra, or Vedic prayer, is uttered over the oil, which is heated until it burns a fresh peepul leaf, and if the person on trial can extract the ring between his finger and thumb, without scalding himself, he is pronounced victorious. In 1783 a case is recorded as occurring at Benares, in which a Brahman accused a linen-painter of theft, and as there was no other way of settling the dispute, both parties agreed to abide by the result of the ordeal... So lately as 1867 the Bombay Gazette records a case occurring at Jamnuggur, when a camel-driver named Chakee Soomar, under whose charge a considerable sum of money was lost, was exposed by a local official to the ordeal of boiling oil... it was performed by placing a small silver ball in a brazen vessel eight inches deep, filled with boiling ghee. After various religious ceremonies, the accused plunged in his hand, and sometimes was obliged to repeat the attempt several times before he could bring out the ball. The hand was then wrapped up in tender palm leaves and examined after an interval of three days...

In almost all ages there has existed the belief that under the divine influence the human frame was able to resist the action of fire. Even the sceptic Pliny seems to share the superstition as to the families of the Hirpi, who at the annual sacrifice made to Apollo, on Mount Soracte, walked without injury over piles of burning coals, in recognition of which, by a perpetual senatus consultum, they were relieved from all public burdens. That fire applied either directly or indirectly should be used in the appeal to God was therefore natural, and the convenience with which it could be employed by means of iron rendered that the most usual form of the ordeal. As employed in Europe, under the name of judicium ferri or juise it was administered in two essentially different forms. The one (vomeres igniti, examen pedale) consisted in laying on the ground at certain distances six, nine, or in some cases twelve, red-hot ploughshares, among which the accused walked barefooted, sometimes blindfolded, when it became an ordeal of pure chance, and sometimes compelled to press each iron with his naked feet. The other and more usual form obliged the patient to carry in his hand for a certain distance, usually nine feet, a piece of red-hot iron, the weight of which was determined by law and varied with the importance of the question at issue or the magnitude of the alleged crime. Thus, among the Anglo-Saxons, in the “simple ordeal” the iron weighed one pound, in the “triple ordeal” three pounds. The latter is prescribed for incendiaries and “morth-slayers” (secret murderers), for false coining, and for plotting against the king’s life; while at a later period, in the collection known as the Laws of Henry I., we find it extended to cases of theft, robbery, arson, and felonies in general. In Sweden, for theft, the form known as trux iarn was employed, in which the accused had to carry the red-hot iron and deposit it in a hole twelve paces from the starting-point; in other cases the ordeal was called scuz iarn, when he carried it nine paces and then cast it from him. These ordeals were held on Wednesday, after fasting on bread and water on Monday and Tuesday; the hand or foot was washed, after which it was allowed to touch nothing till it came in contact with the iron; it was then wrapped up and sealed until Saturday, when it was opened in presence of the accuser and the judges. In Spain, the iron had no definite weight, but was a palm and two fingers in length, with four feet, high enough to enable the criminal to lift it conveniently. The episcopal benediction was necessary to consecrate the iron to its judicial use. A charter of 1082 shows that the Abbey of Fontanelle in Normandy had one of approved sanctity, which, through the ignorance of a monk, was applied to other purposes. The Abbot thereupon asked the Archbishop of Rouen to consecrate another, and before the latter would consent the institution had to prove its right to administer the ordeal. The wrapping up and sealing of the hand was a general custom, derived from the East, and usually after three days it was uncovered and the decision was rendered in accordance with its condition. These proceedings were accompanied by the same solemn observances which have been already described, the iron itself was duly exorcised, and the intervention of God was invoked in the name of all the manifestations of Divine clemency or wrath by the agency of fire—Shadrach, Meshach, and Abednego, the burning bush of Horeb, the destruction of Sodom, and the day of judgment. Occasionally, when several criminals were examined together, the same piece of heated iron was borne by them successively, giving a manifest advantage to the last one, who had to endure a temperature considerably less than his companions.

In India this was one of the earliest forms of the ordeal, in use even in the Vedic period, as it is referred to in the Khandogya Upanishad of the Sama Veda, where the head of a hatchet is alluded to as the implement employed for the trial—subsequently replaced by a ploughshare. In the seventh century, A. D., Hiouen Thsang reports that the red-hot iron was applied to the tongue of the accused as well as to the palms of his hands and the soles of his feet, his innocence being designated by the amount of resultant injury. This may have been a local custom, for, according to Institutes of Vishnu, closely followed by Yajnavalkya, the patient bathes and performs certain religious ceremonies; then after rubbing his hands with rice bran, seven green asvattha leaves are placed on the extended palms and bound with a thread. A red-hot iron ball or spear-head, weighing about two pounds and three-quarters, is then brought, and the judge adjures it—

“Thou, O fire, dwellest in the interior of all things like a witness. O fire, thou knowest what mortals do not comprehend.

“This man being arraigned in a cause desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.”

The glowing ball is then placed on the hands of the accused, and with it he has to walk across seven concentric circles of cow-dung, each with a radius sixteen fingers’ breadth larger than the preceding, and throw the ball into a ninth circle, where it must burn some grass placed there for the purpose. If this be accomplished without burning the hands, he gains his cause, but the slightest injury convicts him. A minimum limit of a thousand pieces of silver was established at an early period as requisite to justify the administration of this form of ordeal in a suit. But the robust faith in the power of innocence characteristic of the earlier Hindus seems to have diminished, for subsequent recensions of the code and later lawgivers increase the protection afforded to the hand by adding to the asvattha leaves additional strata of dharba grass and barley moistened with curds, the whole bound around with seven turns of raw silk. Ali Ibrahim Khan relates a case which he witnessed at Benares in 1783 in which a man named Sancar, accused of larceny, offered to be tried in this manner.... The ordeal took place in presence of a large assemblage, when, to the surprise of every one, Sancar carried the red-hot ball through the seven circles, threw it duly into the ninth where it burnt the grass, and exhibited his hands uninjured.... Even in 1873, the Bombay Gazette states that this ordeal is still practised in Oodeypur, where a case had shortly before occurred wherein a husbandman had been obliged to prove his innocence by holding a red-hot ploughshare in his hands, duly guarded with peepul leaves, turning his face towards the sun and invoking it: “Thou Sun-God, if I am actually guilty of the crime, punish me; if not, let me escape unscathed from the ordeal!”—and in this instance, also, the accused was uninjured.

A peculiar modification of the hot-iron ordeal is employed by the aboriginal hill-tribes of Rajmahal, in the north of Bengal, when a person believes himself to be suffering from witchcraft. The Satane and the Cherreen are used to find out the witch, and then the decision is confirmed by a person representing the sufferer, who, with certain religious ceremonies, applies his tongue to a red-hot iron nine times, unless sooner burnt. A burn is considered to render the guilt of the accused indubitable, and his only appeal is to have the trial repeated in public, when, if the same result follows, he is bound either to cure the bewitched person or to suffer death if the latter dies....

THE ORDEAL OF FIRE.

The ordeal of fire, administered directly, without the intervention either of water or of iron, is one of the most ancient forms, as is shown by the allusions to it in both the Hindu Vedic writings, the adventure of Siawush, and the passage in the Antigone of Sophocles (pp. 266, 267, 270). In this, its simplest form, it may be considered the origin of the proverbial expression, “J’en mettrois la main au feu,” [Google translate: I put my hand in the fire] as an affirmation of positive belief, showing how thoroughly the whole system engrained itself in the popular mind. In India, as practised in modern times, its form approaches somewhat the ordeal of the burning ploughshares. A trench is dug nine hands in length, two spans in breadth, and one span in depth. This is filled with peepul wood, which is then set on fire, and the accused walks into it with bare feet. A more humane modification is described in the seventh century by Hiouen-Thsang as in use when the accused was too tender to undergo the trial by red-hot iron. He simply cast into the flames certain flower-buds, when, if they opened their leaves, he was acquitted; if they were burnt up, he was condemned....

THE ORDEAL OF COLD WATER...

In India the ordeal of cold water became simply one of endurance. The stream or pond was exorcised with the customary Mantras:—

“Thou O water dwellest in the interior of all things like a witness. O water thou knowest what mortals do not comprehend.

“This man being arraigned in a cause desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.”

The patient stood in water up to his middle, facing the East, caught hold of the thighs of a man “free from friendship or hatred” and dived under, while simultaneously an arrow of reed without a head was shot from a bow, 106 fingers’ breadth in length, and if he could remain under water until the arrow was picked up and brought back, he gained his cause, but if any portion of him could be seen above the surface he was condemned. Yajnavalkya says this form of ordeal was only used on the Sudras, or lowest caste, while the Ayeen Akbery speaks of it as confined to the Vaisyas, or caste of husbandmen and merchants. According to the Institutes of Vishnu, it was not to be administered to the timid or those affected with lung diseases, nor to those who gained their living by the water, such as fishermen or boatmen, nor was it allowed during the winter.

Although, as we have seen, the original cold-water ordeal in India, as described by Manu, was precisely similar to the European form, inasmuch as the guilty were expected to float and the innocent to sink, and although in this shape it prevailed everywhere throughout Europe, and its tenacity of existence rendered it the last to disappear in the progress of civilization, yet it does not make its appearance in any of the earlier codes of the Barbarians. The first allusions to it occur in the ninth century, and it was then so generally regarded as a novelty that documents almost contemporaneous ascribe its invention to the popes of that period...

THE ORDEAL OF THE BALANCE.

We have seen above that a belief existed that persons guilty of sorcery lost their specific gravity, and this superstition naturally led to the use of the balance in the effort to discover and punish the crime of witchcraft, which all experts assure us was the most difficult of all offences on which to obtain evidence. The trial by balance, however, was not a European invention. Like nearly all the other ordeals, it can be traced back to India, where, at least as early as the time of the Institutes of Vishnu, it was in common use. It is described there as reserved for women, children, old men, invalids, the blind, the lame, and the privileged Brahman caste, and not to be undertaken when a wind was blowing. After proper ceremonies the patient was placed in one scale, with an equivalent weight to counterbalance him in the other, and the nicety of the operation is shown by the prescription that the beam must have a groove with water in it, evidently for the purpose of detecting the slightest deflection either way. The accused then descended and the judge addressed the customary adjuration to the balance:—

“Thou, O balance, art called by the same name as holy law (dharma); thou, O balance, knowest what mortals do not comprehend.

“This man, arraigned in a cause, is weighed upon thee. Therefore mayest thou deliver him lawfully from this perplexity.”

Then the accused was replaced in the scale, and if he were found to be lighter than before he was acquitted. If the scale broke, the trial was to be repeated...

THE ORDEAL OF THE CROSS.

The ordeal of the cross (judicium crucis, stare ad crucem) was one of simple endurance and differed from all its congeners, except the duel, in being bilateral. The plaintiff and defendant, after appropriate religious ceremonies and preparation, stood with uplifted arms before a cross, while divine service was performed, victory being adjudged to the one who was able longest to maintain his position. An ancient formula for judgments obtained in this manner in cases of disputed titles to land prescribes the term of forty-two nights for the trial. It doubtless originated in the use of this exercise by the Church both as a punishment and as a penance...

In India a cognate mode is adopted by the people of Ramgur to settle questions of disputed boundaries between villages. When agreement by argument or referees is found impossible, each community chooses a champion, and the two stand with one leg buried in the earth until weariness or the bites of insects cause one of them to yield, when the territory in litigation is adjudged to the village of the victor...

THE CORSNÆD.

The ordeal of consecrated bread or cheese (judicium offæ, panis conjuratio, pabulum probationis, the corsnæd of the Anglo-Saxons) was administered by presenting to the accused a piece of bread (generally of barley) or of cheese, about an ounce in weight,1079 over which prayers and adjurations had been pronounced. After appropriate religious ceremonies, including the communion, the morsel was eaten, the event being determined by the ability of the accused to swallow it...

In India, this ordeal is performed with a kind of rice called sathee, prepared with various incantations. The person on trial eats it, with his face to the East, and then spits upon a peepul leaf. “If the saliva is mixed with blood, or the corners of his mouth swell, or he trembles, he is declared to be a liar.” A slightly different form is described for cases in which several persons are suspected of theft. The consecrated rice is administered to them all, is chewed lightly, and then spit out upon a peepul leaf. If any one ejects it either dry or tinged with blood, he is adjudged guilty.

Based on the same theory is a ceremony performed by the pre-Aryan hill-tribes of Rajmahal, when swearing judges into office preparatory to the trial of a case. In this a pinch of salt is placed upon a tulwar or scimitar, and held over the mouth of the judge, to whom is addressed the adjuration, “If thou decidest contrary to thy judgment and falsely, may this salt be thy death!” The judge repeats the formula, and the salt is washed with water into his mouth...

THE EUCHARIST AS AN ORDEAL.

From ancient times in India there has been in common use an ordeal known as cosha, consisting of water in which an idol has been washed. The priest celebrates solemn rites “to some tremendous deity,” such as Durga or the Adityas, whose image is then bathed in water. Three handfuls of this water are then drunk by the accused, and if within fourteen days he is not visited with some dreadful calamity from the act of the deity or of the king, “he must indubitably be acquitted.”...

THE ORDEAL OF THE LOT.

The appeal to chance, as practised in India, bears several forms, substantially identical in principle. One mode consists in writing the words dherem (consciousness of innocence) and adherem (its opposite) on plates of silver and lead respectively, or on pieces of white and black linen, which are placed in a vessel that has never held water. The person whose cause is at stake inserts his hand and draws forth one of the pieces, when if it happens to be dherem it proves his truth. Another method is to place in a vessel a silver image of Dharma, the genius of justice, and one in iron or clay of Adharma; or else a figure of Dharma is painted on white cloth and another on black cloth, and the two are rolled together in cow-dung and thrown into a jar, when the accused is acquitted or convicted according to his fortune in drawing Dharma....

CONDITIONS OF THE ORDEAL....

In India, the accused was required to undergo the risk of a fine if he desired to force his adversary to the ordeal; but either party could voluntarily undertake it, in which case the other was subject to a mulct if defeated.1214 The character of the defendant, however, had an important bearing upon its employment. If he had already been convicted of a crime or of perjury he was subject to it in all cases, however trifling; if, on the other hand, he was a man of unblemished reputation, he was not to be exposed to it, however important was the385 case.1215 In civil cases, however, it apparently was only employed to supplement deficient evidence.—“Evidence consists of writings, possession, and witnesses. If one of these is wanting, then one of the ordeals is valid.”...

The absence of satisfactory testimony, rendering the case one not to be solved by human means alone is frequently, as in India, alluded to as a necessary element; and indeed we may almost assert that this was so, even when not specifically mentioned, as far as regards the discretion of the tribunal to order an appeal to the judgment of God...

These regulations give to the ordeal decidedly the aspect of punishment, as it was thus inflicted on those whose guilt was so generally credited that they could not find comrades to stand up with them at the altar as partakers in their oath of denial; and this is not the only circumstance which leads us to believe that it was frequently so regarded. This notion is visible in the ancient Indian law, where, as we have seen, certain of the ordeals—those of red-hot iron, poison, and the balance—could not be employed unless the matter at stake were equivalent to the value of a thousand pieces of silver, or involved an offence against the king...

In fact, the ordeal was practically looked upon as a torture by those whose enlightenment led them to regard as a superstition the faith popularly reposed in it. An epistle which is attributed both to Stephen V. and Sylvester II. condemns the whole system on the ground that the canons forbid the extortion of confessions by heated irons and boiling water; and that a credulous belief could not be allowed to sanction that which was not permitted by the fathers....

TORTURE...

In the Institutes of Manu there are very minute directions as to evidence, the testimony preferred being that of witnesses, whose comparative credibility is very carefully discussed, and when such evidence is not attainable, the parties, as we have seen above, are ordered to be sworn or tried by the ordeal. These principles have been transmitted unchanged to the present day.

-- Superstition and Force, by Henry Charles Lea

In every Suit where there is a Witness and a Writing, or a Proof of Usufruct, there shall be no Obligation to perform the Purrikeh.

If either the Plaintiff or Defendant defame the Character of a Witness, whose Conduct is unblemished, for such Defamation of a spotless Character, the Magistrate shall exact a Fine from that Person.

SECT. X. Of Appointing Arbitrators more than once; and of the Mode of drawing up the Statement of a Cause.

The Arbitrators, at the Time of having made an Examination, shall write a Jee Potr (i.e.) a Statement and Decree, and they shall draw it up in this Manner:

First. They shall write whatever the Plaintiff urged as the Matter of his Claim.

Second. After that, they shall write whatever Answer the Defendant gave to that Plea; then they shall state whatever Evidence was delivered in by the Witnesses; or, if a Writing was given in, they shall express the Contents of it; or otherwise they shall write the Circumstances of Usufruct, or of Opinion, or of the Purrikeh, or of the Oath; afterwards they shall write the Names of all the Arbitrators who were present: In this Manner, upon whatever Principle the Examination proceeded, shall a Statement be drawn up, viz. We, being such and so many Persons, have made this Examination to the best of our Knowledge.

Every Cause that comes to a Proof from the Face of a Writing, or from Witnesses, and the Plaintiff and Defendant are wearied out with Vexation of the Dispute, the Arbitrators, at the Option of the Plaintiff and Defendant, shall adjust and determine it.

When the Arbitrators have made a thorough Examination, if he who is proved culpable goes afterwards with Complaint to a Magistrate, the Magistrate shall not give him another Arbitrator; but should that Man assert, that, "The Arbitrators have committed Injustice; if they have not committed Injustice, I will forfeit a Fine of double the Sum now in Dispute;" upon a Proposition of this Nature, the Magistrate may appoint other Arbitrators.

If the Arbitrators have committed Injustice, and the Plaintiff can bring this Matter to a Proof, then the Magistrate shall appoint other Arbitrators, and shall hold the former Arbitrators amenable.

If a Man is convicted by his own Words, and afterwards petitions the Magistrate for other Arbitrators, in that Case, the Magistrate shall not give him other Arbitrators.

If an Arbitrator hath made his Examination under the Impulse of Lust; or Enmity, or in Sickness, or through Fear, or Positiveness, or Anger, it is not approved.

SECT. XI. Of Giving Preference to a Claim.

If the same Article be sold, or pledged, or given away, at twice, to Two different Persons, the first Transaction is approved; in all other Cases the latter.

If any Person, having sold any Article to One Person, sells the same Thing afterwards to another; or, having pledged it once any where, pledges it a Second Time at another Place; or, having once given it to One, afterwards presents it to another; then he who first bought it, or who first received it in Pledge, or to whom it was first given, is to be believed; and the last Purchaser, Pledgee, or Accepter, is not approved.

If a Man hath borrowed Money from another upon Agreement for a small Interest, and afterwards, at his own Option, Consents to an increased Rate of Interest, the former Agreement is to be believed.

If a Man, having deposited any Article with One Person, should afterwards give the same Thing as a Pledge, or should sell it, or present it to another, then it shall belong to him who bought it, or to whom it was pledged or presented.

If a Man, having pledged any Article with One Person, should afterwards sell or give it away to another, in that Case, the Article above-mentioned shall go to him who bought it, or to whom it was given; but he, in whose Hands it was detained as a Pledge, shall receive the Money due to him from his Debtor; if the Debtor is dead, or hath absconded, he shall receive the Sum of his Debt from him who hath bought the Article, or to whom it was given.

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CHAP. IV. Of Trust or Deposite.

Trust or Deposite is of Three Sorts,

First, When a Man intrusts his Property to another, upon this Consideration, viz. That, if I deposite any Thing with this Man, I shall most certainly recover it again: -- Such Trust is called Neekheep.

Second. When a Person from Suspicion of the Magistrate, or of Thieves, or from a Desire that his Heirs should not get Possession, intrusts his Property to another: — This is called Neeash.

Third. When a Man intrusts his Property to another, and that Person makes over the same Property in Trust to a Second, informing him, at the same Time, that such Property belongs to such a Person, and must be returned to him: — Such Trust is called Enahut.

In the Place where a Man resides, it must be inquired, whether he be of a good Family, of approved Conduct, of religious Principles, and a Speaker of Truth, whether he be very rich, and hath many Friends and Relations; when these Circumstances are favourable, Property shall be trusted to such a Person.

If a Man, having sealed and marked his Property, hath delivered it in Trust to any Person, the Trustee, upon redelivering such Goods, shall return them with the same Seal and Mark; if there be not the same Seal and Mark, he shall undergo the Purrikeh, or take his Oath concerning the Alteration of the Property in Trust.

If a Person should make Use of any Property intrusted to him, or it be spoiled for want of his Care and Attention, then, whatever Crime it is for a Woman to abuse her Husband, or for a Man to murder his Friend, the same Degree of Guilt shall be imputed to him, and the Value of the Trust must be made good.

A Man ought not to take upon himself the Trust of another's Property; if he accepts such Trust, he must preserve it with Care, and return it upon the First Demand.

If a Person hath intrusted any of his Property to another, and the Son of that Person should demand the Property so intrusted, the Trustee shall not deliver the Deposite without Order of the Father.

If a Man who hath intrusted any Property to another should die, and the Son of the Deceased does not demand his Father's Property, yet the Trustee shall of himself deliver up the Trust to that Son.

If a Man hath received in Trust the Property of another Person, and that Property, together with his own Effects, should be spoiled, in that Case, he shall not make good the Penalty upon the Property in Question; and if it be spoiled by any unforeseen Accident, or by the Innovation of the Magistrate, in that Case also, he shall not make good the Value.

If, at any Time, in any Manner, the Property in Deposite be spoiled by the Fault of the Trustee, he shall make it good.

If Property in Deposite should fall into the Water, or be burnt, or stolen, and the Trustee conceals any Part of it that may happen to have been saved, and this Circumstance can be proved, in that Case, he shall make good the whole Property.

If a Person hath intrusted his Property to another for a settled Time, or hath deposited it with this Agreement, "That whensoever the Necessities of my own Affairs shall cause me to remand my Property, it shall be returned to me," then, if according to such Promise, or the Appearance of the Depositor's Affairs, Application be made, and the Trustee refuses to deliver the Property, and after such Refusal it be spoiled, the Trustee shall make good all such Property, with Interest upon it; also, if, within the Time settled, it be spoiled by the Negligence of the Trustee, in that Case also, he shall make it good with Interest.

If a Person hath associated to himself other bad Men, in the fraudulent and deceitful Concealment of Property intrusted to him, the Magistrate shall punish and fine the Trustee, and cause the Property deposited to be restored to the Owner.

If a Trustee does not return to the Owner, upon Demand, the Property deposited in his Hands, the Magistrate shall fine him.

If a Person hath borrowed any Thing from another, promising to return it whenever the Business for which it was borrowed is completed, and then fraudulently and deceitfully detains it, the Magistrate shall cause the borrowed Property to be returned to the Owner, and shall fine the Borrower; also, if the Thing borrowed be not returned, after the Conclusion of the Business, and it should be afterwards spoiled by any Accident of the Season, or any Innovation of the Magistrate, the Borrower shall make it good; and if, during the Time the Business is in Hand, it should be spoiled by any unforeseen Accident, or Innovation of the Magistrate, it shall not be made good.

If any Person hath given to a Workman, under a Stipulation, for the Purpose of making Pots or Ornaments, or any Kind of wrought Work, Gold, Silver, Tutenague, Copper, Brass, or such Kind of Metals, and the Workman fraudulently and deceitfully conceals it, in that Case, the Magistrate shall cause the Article to be returned to its Owner, and shall exact a Fine from the Workman; or upon the Workman's not having given the Thing within the Time stipulated, if, after the Expiration of the Term of the Agreement, the Thing specified be spoiled by any Accident of the Season, or the Injustice of the Magistrate, the Workman must make it good; but if, within the Time stipulated, the Commodity should be spoiled by any Accident of the Season, or Innovation of the Magistrate, it shall not be made good.

If a Person employs in Trade the Property intruded to him, without Orders from the Owner to that Purpose, the Magistrate shall take a Fine from the Trustee, and cause the Property in Trust to be returned with Interest; and if, without employing such Property in Trade, the Trustee should expend it, to furnish himself with Victuals or Cloaths, in that Case, he shall repay the deposited Property with Interest, but he shall not be fined.

If a Man is desirous to intrust his Property to another, and that Person says, "I am not able to take charge of such Property," and, after a long Conversation and Debate, the First Person doth intrust his Property to the other, and the Trustee employs that Property to find himself in Food and Cloaths, he shall, in that Case, return whatever Property was intrusted to him, but he shall not pay any Interest upon it.

If a Person, who hath not intrusted his Property to another, should say to him, "I have deposited certain Things to your Charge, return them to me," in that Case, if the Demandant be poor, and hath always preserved the Tenets of his Cast, he shall pay to the Magistrate a Fine equal to the Sum falsely claimed; if he is rich, and an Apostate from the Principles of his Tribe, a double Fine shall be taken from him.

If any Person hath out of Ignorance spoiled any intrusted Property, then he who spoiled that Property shall not be obliged to make it good; also, if he should die, his Wife and Son shall not be held to pay.

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CHAP. V. Of Selling a Stranger's * [A Stranger here means a Person in no Degree related to the Seller.] Property.

Whoever sells to any Man another's Property, or Goods in Trust, or Property mortgaged, or Things borrowed, or lost Goods that he hath found, or Things stolen, or any Things of this Kind, being the Property of a Stranger, without Consent or Command of the Owner, is called Ashwamee Peikeree (i.e.) a Seller of a Stranger's Property.

If a Person, not being Owner of certain Property, sells that Property to another, or gives it away, or mortgages it, without Consent of the Owner, it is, not approved.

If a Person, Descended from the same Grandfather with the Owner of certain Property, should sell or give away such Property, without Consent of the Owner, the Magistrate shall fine him Six Hundred Puns of Cowries, and cause the Property to be restored to the Owner: — According to the Ordinations of Chendeesur.

If a Person, descended from the same Grandfather with the Owner of certain Property, causes that Property to be brought by the Hands of a Stranger, and sells it without the Consent and Command of the Owner, then the Magistrate shall fine him in a larger Mulct than Six Hundred Puns of Cowries;— According to the Ordinations of Chendeesur.

If a Person, Descended from the same Grandfather with the Owner of certain Property, should himself produce that Property, or cause it to be produced by the Hands of another, and sell it, or give it away, then the Magistrate shall fine him Six Hundred Puns of Cowries: — This Ordination is approved, according to the Ordinations of Phakooree, Meidhab-teetee, and Kulp-teroo, and Pacheshputtee Misr.

If a Person, not Descended from the same Grandfather with the Owner of certain Property, should of himself take any Thing out of the Owner's House, and sell it, or give it away, without Consent or Command of such Owner, he shall receive the same Punishment as a Thief: -- According to the Ordinations of Chendeesur.

If a Person, not Descended from the same Grandfather with the Owner of certain Property, should either of himself, or by the Hands of another, procure such Property, and sell or give it away, without the Consent or Command of the Owner, the Magistrate shall take from him the same Fine as from a Thief: According to the Ordinations of Phakooree, Meidhab-teetee, Kulp-teroo, and Pacheshputtee Misr: — Approved.

If a Person hath openly purchased any Commodity from another, who was not the Owner of it, and afterwards the Owner should come and say to the Purchaser, "This Property belongs to me," and should produce Proof of this, and if also he hath not given away, nor sold that Property to another, and likewise can prove this, and it should happen, that, because the Seller of that Property lives in another Kingdom, the Purchaser cannot cause him to appear, yet knows where the Seller lives, in that Case, the Purchaser shall not be amenable; but the Magistrate shall give the Property to the Owner, and cause the Value thereof to be given to the Purchaser.

If a Person hath openly purchased any Commodity from another, who was not the Owner of it, and at the same Time does not know where the Seller resides, so as to cause him to appear, and afterwards the real Owner should come and prove his Property, and hath not given or sold it to any Person, and proves this also, then the Purchaser, taking Half the Value of the Property from the Owner, shall restore to him his own Property.

If a Person out of Ignorance hath sold the Property of another, the Magistrate shall fine him Six Hundred Puns of Cowries; if he sold it knowingly, he shall be punished as a Thief.

If a Person hath openly sold any Commodity, and afterwards another Person should come and say, "This is my Property," but at the same Time cannot prove himself Owner thereof, the Magistrate shall punish the false Pretender as a Thief, and the Purchaser of the Commodity shall retain it in Possession.  

If a Man clandestinely in his own House, or without the Village, or in the Night-Time, or from a Man of general bad Character, should purchase any Commodity, at a Rate inferior to the real Value, the Magistrate shall punish the Purchaser as a Thief.

If an indigent Man sells to another Person any Commodity that is not suitable to the Seller's Condition in Life, in that Case, the Purchaser shall be punished as a Thief.

If a Person buys any Commodity from a Man who is not the Owner, and afterwards the real Owner should come and say, "This Commodity belongs to me, neither have I given or sold it to any Person," and this is also proved, and the Purchaser knows not where the Seller resides, and there also should happen to have been no Person present at the Time the Purchase was made, upon a Dispute of this Nature, the Magistrate shall cause the purchased Commodity to be returned to the Owner, and shall take a Fine from the Purchaser.

If a Person buys any Commodity from a Man who is not the Owner, and afterwards the real Owner should come and prove himself the Owner, and the Purchaser should have it in his Power to produce the Vender, then there is no farther Connexion between the Purchaser and Vender; if the Vender is not upon the Spot, the Purchaser shall settle a stipulated Time for causing the Vender to appear; then, upon the Vender's Appearance, the Magistrate shall order him to pay to the Purchaser the Price of the Commodity, and cause the Property to revert to the right Owner, and punish the Vender as a Thief.

If a Man, whose Property hath been lost, or squandered away, should find such Property in any Stranger's Hand, and seize upon it, without acquainting the Magistrate, he shall be fined Ninety-fix Puns of Cowries.

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CHAP. VI. Of Shares.

SECT. I. Of Shares of Trade in Partnership.

A Man of a reputable Cast, experienced in Business, industrious, intelligent, and understanding his Income and Expences, a Man of Virtue, and of a clean Character, and of Perseverance in his Affairs, such a Man is to be chosen as a Partner in Trade.

If Persons have commenced a Partnership in Trade, without a settled Agreement concerning their respective Shares in the Profit and Loss, in that Case, they shall understand their Profit and Loss to be in Proportion to the Stock; if they have commenced the Partnership upon a settled Agreement concerning the Shares of Profit and Loss, they shall understand their Profit and Loss to be according to the Agreement.

Trade shall be carried on with such Persons as have never been convicted of any fraudulent Practices; if, after the Commencement of the Partnership, the Appearance of any Fraud in either of the Partners should arise, the Party suspected shall clear himself by taking an Oath, or undergoing the Purrikeh.  

If Stock of a Partnership in Trade be spoiled by any unforeseen Accident, or by any Innovation of the Magistrate, the Loss shall fall upon the Shares of all the Partners.

If a Person, without Consent of his Partners, nolens volens, in Opposition to them, should undertake any Business, and the Stock is thereby injured, he shall make good that Stock to the Partners.

If an unexpected Calamity, or any Innovation of the Magistrate should take place, during that Calamity, if any One of the Partners can preserve any Part of the Stock, he shall receive to himself One Tenth of the Property so preserved.

To a Man who hath been guilty of Frauds, no Part of the Profit shall be given;, but his original Share of the Stock shall be returned to him, and he shall be excluded from the Partnership.

If either of the Partners excuses himself from the Business, or the Preservation of the Stock, he shall appoint some able Person, upon his own Account, in his room; and if either of them, who is capable of transacting every Part of the Business, and who has engaged in some of the Trade, should die, in that Case, whoever is his Heir shall receive One Tenth of the Profit, and also his original Share: If he has no Heir, the Person who had the Care of the Stock shall receive the Tenth Part of the Profit; if the Care of the Stock was intrusted to no One in particular, all the Partners shall receive equal Shares; if all the Partners are dead, the Magistrate's Officers shall carry all the Goods to the Magistrate for his Inspection, and the Magistrate shall detain the Goods, until the Heirs bring in their Claim; if the Heirs come in, and prove their Right of Inheritance, the Magistrate shall give up all Pretensions to the Goods; if there is no Heir, and the House of the deceased Merchants be at a great Distance, the Magistrate shall keep the Property in his Custody for Ten Years; if the House be not at so very great a Distance, he shall keep it in Custody for Three Years; if their House is very near, he shall keep in Custody that Property for One Year; if, within that Space of Time, any Heir comes in, and can prove himself the Heir, in that Case, the Magistrate shall take for himself One Part in Twenty of the Property of a Bramin, One Twelfth of the Property of a Chehteree, One Ninth of that of a Bice, and One Sixth from that of a Sooder; if, within that Time, no Heir should appear, the Magistrate shall appropriate to himself the Property of a Chehteree, Bice, and Sooder, and give a Bramin's Property to other Bramins; and if there are no Bramins, he shall cause it to be thrown into the Water.

SECT. II. Of the Shares of Artificers.

If several Persons labour jointly in Gold and Silver, or such Species, or in Silk, or in Wood for Fuel, or in Stone, or Leather, or such Kind of Things, the Person who is but a young Practitioner in the Art shall receive a single Share, and he who is more experienced shall receive Two Shares, and he who is a complete Artificer at the Business shall receive Three Shares, and he who is Instructor to them all shall receive Four Shares.

If a Person jointly with others builds a House, or makes a Pool, he who is Chief among them all shall be entitled to a double Share thereof; the others shall each receive a single Share.

Among Singers, Musicians, and others exercising such Kinds of Professions, whoever of them understands the Regulation of Time shall receive One Share and a Half; the others shall receive each One Share, and the Chief shall receive Two Shares.

The Mode of Shares among Robbers is this: If any Thieves, by the Command of the Magistrate, and with his Assistance, have committed Depredations upon, and brought any Booty from another Province, the Magistrate shall receive a Share of One Sixth of the whole; if they received no Command or Assistance from the Magistrate, they shall give the Magistrate, in that Case, One Tenth for his Share; and of the Remainder their Chief shall receive Four Shares; and whosoever among them is perfect Master of his Occupation shall receive Three Shares; also whichever of them is remarkable strong and stout shall receive Two Shares, and the rest shall receive each One Share; if any One of the Community of the Thieves happens to be taken, and should be released from the Cutcherry, upon Payment of a Sum of Money, all the Thieves shall make good that Sum by equal Shares.

All these Shares of Painters, Singers, Thieves, &c. that have been above explained, are to be understood in Cases where no Agreement of Shares hath been originally settled; if any Agreement among them, in regard to Shares, hath taken place, they shall receive their Proportions by the Tenour of such Agreement.  

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CHAP. VII. Of Gift (or Alienation by Gift.) This has Four Distinctions:

First, Of what is not liable to be given away (i.e.) Adew.

One Partner cannot give away Goods belonging to the Partnership, without  Consent of the Partners; but according to the Ordination of Pacheshputtee Misr, Sewarteh Behtacharige, Jeimoot Bahun, and Sirree Kishen Terkalungkar, it is thus explained, That, from the Goods in Partnerships, if any Person gives away any Thing of that Part to which he has a Right, as his own Share, the Gift is approved, but the Donor is blamable: — Approved.

If a Calamity should happen to any Person, he may not give away his Wife to another Man, without that Wife's Consent; if she is willing, he has Power to give her away.

If a Man, during a Calamity, gives away or sells his Son to any Person, without the Consent of that Son, it is not approved; if the Son is willing, the Father has Power to sell or give him away.

If a Man hath only One Son, and that Son is willing to be sold or given away, in that Case, even in Time of Calamity, the Father hath not Power to sell or give away his Son.

The Wife may not give away or sell her Son, without the Consent of her Husband; if she so gives away or sells her Son, it is not approved; if she hath her Husband's Order to give away or sell her Son, it is approved.

A Person cannot give away or sell to any One the whole of his Property, without the Consent of his Heirs; if he so sells it, or gives it away, it is not approved; according to the Ordinations of Pacheshputtee Misr.

If a Person who hath an Heir alive, sells or gives away the whole of his Property, the Sale or Gift is approved; but it is to be imputed a Crime in the Vender or Giver; according to the Ordinations of Shertee Shar: — Approved.

During the Life-Time of an Heir, even if that Heir be willing, yet then a Person may not give away or sell the whole of his Property; according to the Ordinations of some Pundits, whose Names are not expressed in the Compilation.

A Person shall not give to another any Thing pledged to himself; if he gives it away, or sells it, it is not approved.

A Person shall not give to another any Thing committed in Trust to himself; if he gives it away, or sells it, it is not approved.

A Person, who hath borrowed any Thing from One Man, shall not give away the Thing so borrowed to another; if he so gives it away, or sells it, it is not approved.

If a Man shall have told another, "I will give you this Thing as a Present," that Man shall not afterwards give away the same Thing to a Second; if he so gives it away, or sells it, it is not approved.

Second, Of what is liable to be given (i, e.) Deu:

If a Man's Property and Possessions are more than will suffice to feed and clothe his Dependants, such Overplus of Property and Possessions is liable to be given away; if there is not more than is necessary for such uses, it is not liable to be given; if he gives it away, the Gift is not approved, and the Giver incurs a Blame.

If a Man hath told another, "I will give you such a Thing," and afterwards doth not give it, he is in Danger of Gebennum: Also, if, after having given it, he takes back his Gift, in that Case, he goes to Hell.

If a Man, not knowing the Objection of Want of Cast in another, hath promised to give him any Thing, and afterwards, upon discovering his Disgrace, doth not give it, he is not in fault.

If a Man, having desired of his own Free-Will to give any Thing to a Bramin, doth not give it, the Magistrate shall cause him to give the Thing specified, with Interest, and shall also take from him a Fine.

Third, Of what hath been once given cannot be taken back (i.e.) Dutta.

If a Person pays Wages for Work which he hath caused to be done, he cannot take such Wages back again.

If a Person, by a Display of his Abilities, gives another great Satisfaction, who, in consequence, makes him a Present, that Gift may not be taken back.

When a Man hath purchased any Article, he must, at all Events, pay the Price of if, and, after payment, he shall not have Power to take it back.

If a Person, upon the Marriage of his Son or Daughter, hath given any Thing, by way of Gratification, to the Son's Wife's Father's Family, or to the Daughter's Husband's Father's Family, he shall not have Power to take it back.

If a Man gives any Thing to another who hath conferred an Obligation upon him, he shall not have Power to take back his Gift.

If a Man, to his own Satisfaction, hath given any Thing to another who deserved Favour, there is no Redemption.

If a Man, in the way of Amity, gives any Thing to his Friend, he hath not the Power of taking it back.

If a Man, out of Kindness, hath given ought to his Son, to his Grandson, or to his Grandson's Son, or any such Heir, he may not take it back again.

Fourth, Of Gift unapproved (i.e.) Dutt.

If a Man, from a violent Impulse of Fear, gives any Thing to another, it is not approved.

If a Man, from a violent Impulse of Anger, gives any Thing to another, it is not approved.

If a Man, from a violent Impulse of Lust, gives any Thing to another, it is not approved.

If a Man, from violent Impulse of Grief, gives any Thing to another Person, it is not approved.

If a Man, having determined in his own Mind to give One particular Thing to any Person, by Mistake gives another Thing instead, it is not approved (or valid.)

If a Man jestingly gives any Thing to another, it is not approved.

If a Man hath determined in his own Mind to give any Thing to One Person, and by Mistake gives it to another, it is not approved.

If a Man, without knowing it, gives any Thing to another, it is not approved.

If a Child, who cannot distinguish between Good and Evil, gives a Person any Thing, it is not approved.

If a Person, who cannot distinguish his own Good and Evil, gives a Person any Thing, it is not approved.

If a Son or Grandson, during the Life of the Father or Grandfather, or a Servant, while he hath a Master, gives away any Thing, it is not approved.

If a Man, who hath drunk Wine until he is intoxicated, should, during that Intoxication, give any Thing to another, it is not approved.

If an Idiot gives a Person any Thing, it is not approved.

If a Person, whose Relations are in absolute Want of Food and Cloaths, gives any Thing to another, it is not approved.

If a Man says to another, "Do you perform my Business for me, and I will reward you for it," if that Person cannot do the Business, the other shall not give him any Thing; if he hath given him any Thing as Earned, he may take it back; if the Person will not return it, the Magistrate shall oblige him to Restoration, and shall fine him also Eleven Times as much.

If a Person, having declared, that he would give Something to another for a religious Account, should die, his Sons shall give it; if it be not for a religious Account, they shall not give it.

If a Man says to another, "I will give you Something, if you can procure me a Witness on a false Testimony, in a certain Affair," then, even if the other produces a Witness on the false Testimony, the promised Gift shall not be made good; if it was given before the Execution of the Business, it may be taken back.

If a Man says to another, "I will give you Something, if you are able to apprehend a Thief, or a Murderer, or such Kind of Criminals," then, even if the other should apprehend and bring such a Person, Nothing shall be bestowed on that Account; if any Thing had been given before the Business, it may be taken back.

If any Person hath requested and received any Thing from another upon a religious Account, and doth not then fulfil that Act of Religion, that Person may take back the Thing given; if by Force, or out of Avarice, it be not returned, the Magistrate shall cause it to be given backm and shall take a Fine from the Detainer.

If a Person receives from another any of those Things which are not liable to be given away, the Magistrate shall fine him.

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CHAP. VIII. Of Servitude.

SECT. I. Of appellations of Apprentices, Servants, Slaves, &c.

Service is of Five Sorts, viz.

1. Shish.

2. Antee Bashee.

3. Bhertuk.

4. Adhegeerun Gerrut.

5. Doss.

The First is when a Person is learning the Science of the Beids, or any other Shaster, he is called Shish; and, until he hath learned the Science, he shall perform Service for his Tutor; and, during the Time he remains in his Tutor's House to learn that Science, whatever Gain he may happen to acquire by such Science, his Tutor shall receive.

The Second is when a Person is learning Painting, or Designing, or Needle-Work, or any other such Employment from an Instructor, he is called Antee Bashee; and while he is learning that Art, he shall perform Service for his Master; and while he remains in his Master's House, until he shall have learnt that Art, during that Time, whatever Gain he may happen to acquire by such Art, his Master shall receive; and if an Apprentice should forsake his Master, who is without Fault, and should go elsewhere to learn his Art, the Magistrate shall banish such Apprentice from the Kingdom.

The Third is Bhertuk, which is Twofold; the First Arteh Bherut, the Second Bhook Bherut.

1. When a Person, on receiving Wages, performs Service for it, that is called Arteh Bherut.

2. When a Person, peopling and cultivating the Lands of any other Man, takes a Part of the Crop, by way of Wages, or who, upon breeding-up, for another Person, Kine, Buffaloes, and such Kind of Cattle, takes for his Wages the Milk, or some of the Kine and Buffaloes aforesaid, that is called Bhook Bherut.

The Fourth is when a Man takes care of his Relations and Family, that is called Adhegeerun Gerrut: From Servants of these Four Kinds no undue Service shall be required; they shall be caused to perform only such Duty as is suitable to their Cast: Undue Service shall be performed by the Doss. Undue Service is as follows: To sweep and cleanse the House, the Court of the House, the Doorway or Entrance, the Necessary, and other impure Places; and in Times of Sickness to attend upon and cleanse the Patient, after the natural Evacuations; and to take away the Excrements, and to rub the Feet: Except these Kinds of Service, all other Duty is suitable and due.

The Fifth is Doss, or Slaves; and the Doss is of Fifteen Species-:

1. Whoever is born of a Female Slave, and is called Gerhejat.

2. Whoever is purchased for a Price, and is called Keereeut.

3. Whoever is found anywhere by Chance, and is called Lubdehee.

4. Whoever is a Slave by Descent from his Ancestors, and is called Dayavaupakut.

5. Whoever hath been fed, and hath had his Life preserved by another during a Famine, and is called Eenakal Behrut.

6. Whoever hath been delivered up as a Pledge for Money borrowed, and is called Ahut.

7. Whoever, to free himself from the Debt of One Creditor, hath borrowed Money from another Person, and, having discharged the old Debt, gives himself up as a Servant to the Person with whom the present Debt is contracted; or whoever, by way of terminating the Importunities of a Creditor, delivers himself up for a Servant to that Creditor; and is called Mookhud.

8. Whoever hath been enslaved by the Fortune of Battle, and is called Joodeh Perraput.

9. Whoever becomes a Slave by a Loss on the Chances of Dice, or other Games, and is called Punjeet; according to the Ordinations of Perkashkar and Parreejaut; and according to the Ordination of Chendeesur; it is thus: That by whatever Chance he is conquered, and becomes a Slave, he is called Punjeet: — Approved.

10. Whoever, of his own Desire, says to another, "I am become your Slave," and is called Opookut.

11. When a Chehteree, or Bice, having become Sinassee, apostates from that Way of Life, the Magistrate shall make him a Slave, and is called Perberjabesheet.

12. Whoever voluntarily gives himself as a Slave to another for a stipulated Time, and is called Gheerut.

13. Whoever performs Servitude for his Subsistence, and is called Bhekut.

14. Whoever, from the Desire of possessing a Slave Girl, becomes a Slave, and is called Berbakrut.

15. Whoever, of his own Accord, sells his Liberty, and becomes a Slave, and is called Beekreet.  

SECT. II. Of the Modes of Enfranchising Slaves.

Whoever is born from the Body of a Female Slave, and whoever hath been purchased for a Price, and whoever hath been found by Chance anywhere, and whoever is a Slave by Descent from his Ancestors, these Four Species of Slaves, until they are freed by the voluntary Consent of their Masters, cannot have their Liberty; if their Master, from a Principle of Beneficence, gives them their Liberty, they become free.

Whoever, having received his Victuals from a Person during the Time of a Famine, hath become his Slave, upon giving to his Provider whatever he received from him during the Time of the Famine, and also Two Head of Cattle, may become free from his Servitude; according to the Ordinations of Pacheshputtee Misr: — Approved. Chendeesur, upon this Head, speaks thus; That he who has received Victuals during a Famine, and hath, by those Means, become a Slave, on giving Two Head of Cattle to his Provider, may become free.

Whoever, having been given up as a Pledge for Money lent, performs Service to the Creditor, recovers his Liberty whenever the Debtor discharges the Debt; if the Debtor neglects to pay the Creditor his Money, and takes no thought of the Person whom he left as a Pledge, that Person becomes the purchased Slave of the Creditor.

Whoever, being unable to pay his Creditor a Debt, hath borrowed a Sum of Money from another Person, and paid his former Creditor therewith, and hath thus become a Slave to the Second Creditor, or who, to silence the Importunities of his Creditor's Demands, hath yielded himself a Slave to that Creditor, such Kind of Slaves shall not be released from Servitude, until Payment of the Debts.

Whoever, by the Loss of the Chance in any Game, and whoever, by the Fortune of War, is enslaved, these Two Persons, upon giving Two others equal to themselves in Exchange, are released from their Servitude.

If the Slave of One Person goes to another, and of his own Desire Consents to be the Slave of that Person, in this Case, he must still be the Property of the Person to whom he was first a Slave: — The Mode of Release for every Kind of Slave shall take place, according to the Ordination laid down for each.

A Chehteree and Bice, who, after having been Sinassees, apostate from that Way of Life, and are become the Slaves of the Magistrate, can never be released.

If a Bramin hath committed this Crime, the Magistrate shall not make him a Slave, but, having branded him in the Forehead, with the Print of a Dog's Foot, shall banish him the Kingdom.

Whoever hath yielded himself a Slave for a stipulated Time, upon the Completion of that Term, shall recover his Freedom.

Whoever performs a Servitude for his Subsistence shall recover his Freedom, upon renouncing that Subsistence.

Whoever, for the Sake of enjoying a Slave Girl, becomes a Slave to any Person, he shall recover his Freedom, upon renouncing the Slave Girl.

Whoever hath become a Slave, by selling himself to any Person, he shall not be free, until the Master of his own Accord gives him his Freedom.

If the Master, from a Principle of Beneficence, gives him his Liberty, he becomes free.

If a Thief, having stolen the Child of any Person, sells it to another, or a Man, by absolute Violence, forces another to be his Slave, the Magistrate shall restore such Person to his Freedom.

If the Master of a Slave should be in imminent Danger of his Life, and at that Time this Slave, by his own Efforts and Presence of Mind, is able to save the Life of his Master, the Slave aforesaid shall be freed from his Servitude, and be held as a Son; if he chooses it, he may stay with his former Master; if he chooses it, he shall quit that Place, and go where he will at Liberty.

Whoever is without a legitimate Child, and from the Seed of his own Body hath a Child from the Womb of a Slave Girl, that Girl, together with her Son, becomes free.

When any Person, from a Principle of Beneficence, would release his Slave, the Mode of it is this; The aforesaid Slave shall fill a Pitcher with Water, and put therein Berenge-arook (Rice that has been cleansed without boiling) and Flowers, and Doob (a Kind of small Salad) and, taking the Pitcher upon his Shoulder, shall stand near his Master; and the Master, putting the Pitcher upon the Slave's Head, shall then break the Pitcher, so that the Water, Rice, Flowers, and Dooby that were in the Pitcher, may fall upon the Slave's Body; after that, the Master shall Three Times pronounce the Words, "I have made you free;" upon this Speech, the Slave aforesaid shall take some Steps towards the East, whereupon he shall be free.  

Whoever hath become a Slave to any Person, that Master is Proprietor of any Property that Slave may acquire, exclusive of the Price of his own Slavery, and exclusive also of any Thing which may be given to him as a Present.

SECT. III. Of such as are Slaves; and of such as are not Slaves.

If the Slave of any Person marries a Woman, that Woman becomes the Slave of the same Master, unless she be the Slave of any other Person.

If that Woman be the Slave of any Person, and her Master gives Consent to the Marriage, in that Case also, she becomes the Slave of her Husband's Master.

A Man of a superior Cast, if he is upright and steady in the Principles of that Cast, can never be the Slave to a Man of an inferior Cast.

Slaves are made of the Three Casts of Chehteree, Bice, and Sooder; a Bramin can never be a Slave.

If a Chehteree, a Bice, or a Sooder, cause a Bramin to become a Slave, the Magistrate shall exact a Fine from them of One Thousand One Hundred Puns of Cowries.

A Bramin cannot cause another Bramin to become a Slave; but the Bramin, who is learned in his Science, may cause an unlearned Bramin to perform all proper Service for him, exclusive of those undue Services above described; and he who is well grounded in Science may also cause such due Services to be performed, by those who are unprincipled in Science; according to the Ordinations of Parreejaut and Helayoodeh: — Approved.

Lukkee Deher, upon this Head, speaks thus, That whoever, being a Bramin, acts like a Chehteree, a Bice, or a Sooder, such Kind of Bramin must never cause other Bramins to perform Duty or Service for him.

If any Person obliges a learned Bramin, against his own Consent, to perform Labour and Service, the Magistrate shall fine him Six Hundred Puns of Cowries.

If a Bramin hath purchased a Sooder, or even if he hath not purchased him, he may cause him to perform Service.

The Chehteree, Bice, and Sooder, may each cause their respective Casts to perform Service; as a Chehteree may employ another Chehteree, a Bice may employ another Bice, and a Sooder may employ another Sooder: As also a superior Cast may employ the inferior Cast; as a Bramin may employ a Chehteree, a Chehteree may employ a Bice, and a Bice may employ a Sooder.

If a Man sells the Wife of a Bramin to any Person, or keeps her to himself, it is not approved; the Magistrate shall release the Woman, censure the Vender, and hold him amenable.

If a Person, in Time of Calamity, sells his Slave Girl to another Person, without her Consent, the Magistrate shall fine the Vender Two Hundred Puns of Cowries.  

A Woman, who is of good Character and Behaviour, and who, coming to a Person’s House, fixes her Abode there, shall not be obliged to perform any Labour or Service, nor shall she be delivered over to any Person; if she be obliged to perform Service, or be delivered over to any other Person, the Magistrate shall exact a Fine from the offending Party, and release the Woman.

If a Man commits Fornication with the Nurse who brought him up, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Woman, impelled by any Calamity, should come to any Person, and remain with him, if he commits Fornication with that Woman, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.