A Code of Gentoo Laws, by Nathaniel Brassey Halhed

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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.  

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CHAP. IX. Of Wages.  

SECT. I. Of the Wages of Servants.

Whatever Wages were promised to a Servant, at the Time of his being hired, according to that Promise, Wages shall be paid.

If a Man hath hired any Person to conduct a Trade for him, and no Agreement is made in regard to Wages, in that Case, the Person hired shall receive One Tenth of such Profit.

Ira Man hath hired any Person to attend his Cattle, and no Agreement is made in regard to Wages, in that Case, the Person hired shall receive One Tenth of the Milk produced by the Cows.

If a Man hath hired any Person for the Business of Agriculture (exclusive of driving the Plough) and no Agreement is made in regard to Wages, that Person shall receive One Tenth of the Crop produced.

Where several Persons are employed in the Execution of One Piece of Business, of the whole Wages paid for such Work, they shall each receive a respective Proportion, according to the Difference of their Assiduity.

If a Person hired for the Business of Agriculture should abscond, the Magistrate shall censure him, and take a Fine from him.

If a Person, receiving his Victuals in the House of his Master, performs the Business of plowing the Ground, and no Wages are stipulated, in that Case, whatever Crop is produced from that Ground, the Person so employed shall receive One Fifth of that Crop; if he does not receive his Victuals at the House of his Master while he performs the Business of ploughing, he shall receive One Third.

If a Person, who is hired to bring up any domestick Animals or Birds, should abscond, the Magistrate shall hold him amenable, and shall censure him.

If a Person, having received his Wages, doth not perform the Business for which he was hired, and at the same Time is not sick, the Magistrate shall cause him to give back to his Master whatever Wages he may have received, and shall fine him in Double of that Sum.

If a Person, not having agreed for Wages at the Time of being hired, shall have performed the Business allotted him, upon which Business no Profit whatever should arise, in that Case, according to the Wages that other People in the same Kingdom receive for the same Kind of Business, he also shall receive Wages at the same Rate from his Master.

If a Person, not receiving his Wages, but making a Stipulation for the Payment and Proportion of them, is employed upon any Business, and, during the Time of such Employment, absconds from his Business, without the Plea of Sickness, or any Calamity, the Magistrate shall fine him in whatever Sum was agreed upon for his Wages.

If a Person, being hired to perform any Business, should forsake that Business, at a Time when but little of it remains unfinished, without the Plea of Sickness, or any Calamity, he shall not receive any Wages.

If a Person, hath given another a Promise, saying, "I will execute your Business," and at the same Time neglects to begin it, and, without the Plea of Sickness, or any Calamity, afterwards should say, "I shall not be able to execute your Business," in that Case, the Magistrate shall cause him to perform the Business; if, after the Order of the Magistrate, that Person still neglects to execute the Business, the Magistrate shall fine him Eight Gold Coins, and, without giving him any Wages, shall oblige him to perform the Work agreed for.

If a Person, being allotted the Execution of any Work, should fall sick after he has begun the Work, and afterwards, upon his Recovery, goes on with the Performance of the Business, he shall receive Wages also for the Time of his Sickness.

If a Man, by the Fault of his Master, forsakes his Service, in that Case, he shall receive proportionate Wages for whatever Number of Days he continued in the Service.  

If a Servant, by his own Fault, spoils any Thing belonging to his Master, that Servant shall make it good; but if that Thing be spoiled by any unexpected Calamity, or Innovation of the Magistrate, the Servant shall not pay for it.

If a Person, without any Fault committed by his Servant, discharges the Servant, the Magistrate shall take from that Person One Hundred Puns of Cowries, and cause him to pay the Servant his Wages.

If a Servant maliciously hurts the Property of his Master, he shall give Twice as much to the Magistrate for a Fine, and make good the Property of his Master.

If a Servant, at the Command of his Master, commits Theft, or Murder, or any such Crimes, in that Case, it is not the Fault of the Servant, the Master only is guilty.

If a Beopary, hiring a Person to go to any specified Place, takes him along with himself, and the Beopary, having sold all his Goods on the intermediate Road, discharges that Person, in that Case, he shall give him Wages for whatever Part of the Road he hath gone; and as to the Part of the Way agreed upon, which remains untravelled, he shall give him Half of the stipulated Wages for that Part; and, if, as they are on their Journey to the Place specified, any Person should hinder the Beopary from carrying his Goods, or should steal them, in that Case, the Person hired shall receive Wages for that Part of the Journey already accomplished, and for what remains unperformed, he shall receive Nothing.

If a Person, going on a Journey, takes another with him, and this Person should fall sick upon the Road, or is unable to travel on Account of Fatigue, in that Case, the Person who took him shall remain Three Days upon the Spot, in waiting for him; if he does not thus wait for him, the Magistrate shall fine him.

If a Person, without receiving Wages, or Subsistence, or Cloaths, attends Ten Milch Cows, in that Case, he shall select, for his own Use, the Milk of that Cow, whichever produces the most; and if he attends more Cows than those, he shall take Milk, after the same Rate, in lieu of Wages.

If a Person attends One Hundred Cows, for the Space of One Year, without any Appointment of Wages, in that Case, by way of Wages, he shall take to himself One Heifer of Three Years old; and also, of all those Cows that produce Milk, whatever the Quantity may be, after every Eight Days, he shall take to himself the Milk, the entire Produce of One Day.

If a Person attends Two Hundred Cows, for the Space of One Year, without Appointment of Wages, in that Case, after every Eight Days, he shall take to himself the Milk, the entire Produce of One Day; and also, by way of Wages, One Cow in Milk, and her Calf.

Cattle shall be delivered over to the Cowherd in the Morning; the Cowherd shall tend the Herd the whole Day with Grass and Water, and in the Evening shall redeliver them to the Master, in the same Manner as they were intrusted to him; if, by the Fault of the Cowherd, any of the Cattle are hurt or stolen, that Cowherd shall make them good.

When a Person is employed, Night and Day, in attending Cattle, if One of them, by his Fault, should be hurt, he shall make it good.

If a Thief takes away, by Violence, a Cow or a Buffaloe, in the Owner's Sight, and the Cowherd, as soon as he knows the Circumstance, makes a violent Outcry, but is not able to preserve them, it is not to be imputed the Fault of the Cowherd; and, if in that Country, or in that particular Spot, any Calamity should happen, during which Time the domestick Animals come to any Damage, it is not to be imputed the Fault of the Cowherd, the Loss shall fall upon the Owner.

If a Cowherd drives away any Cows, Buffaloes, and such Kinds of Cattle, to feed, or on any Account carries them to another Place, he shall guard those Cattle, to the utmost of his Power, from any Accident of Flies, Thieves, Tigers, Pits, Rocks, or any such Kind of Misfortune; if he is unable to protect them from these Accidents, he shall, with a loud Voice, give Notice to the People there, or to the Owner of the Cattle; if he does this, no Fault lies upon the Cowherd; but if he neglects to act in this Manner, he shall make good the Cattle, and the Magistrate shall fine him Thirteen Puns of Cowries.

If a Cowherd should go to his own House, or to any other Place, and leave any sick Cattle upon the Plains, the Magistrate shall censure him.

If a Cow, or Buffaloe, or any such Kind of Cattle, should die of any Sickness, while the Cowherd, knowing the Remedy proper for such Sickness, neglected to administer it, the Magistrate shall censure him, and cause him to give such an Animal to the Owner of the Herd; he shall also fine him Thirteen Puns of Cowries, and cause the proportionate Part of his Wages to be paid him.

When a Cowherd hath led the Cattle to a distant Place to feed, if it happens, that One, or Two, or more of those should die of some Distemper, notwithstanding the Cowherd applied the proper Remedy, in that Case, the Cowherd shall carry the Head, or Tail, or Fore or Hind Foot, or some such convincing Proof taken from that Animal's Body, to the Owner of the Cattle; having done this, he shall be no farther answerable; if he neglects to act thus, he shall make good the Loss.

SECT. II. Of the Wages of Dancing Women or Prostitutes.

If a Prostitute, after having received Hire from any Person, neglects to go to him, whatever Money she received, she shall return back Twice as much; but if the Person who hired her does not require her Attendance, in consequence, the Money he hath given her shall not be returned.

If a Prostitute or Dancing Woman, having, at her own Request, received Hire from any Person, should be sick, fatigued with any Business, or melancholy on Account of any Calamity, or in waiting upon the Business of the Magistrate, at such Times, if the Person aforesaid requires her Attendance, and the Prostitute is unable to go, it is not her Fault; but, after her Recovery, or after the Termination of the Calamity, or after Dismission from the above-mentioned Business, she shall attend him; if she then neglects to go, she shall give back Double of the Hire she received.

If a Person, having settled the Sum to be given, hath hired a Prostitute, and attempts to commit any unnatural Act with her, he shall give her Eight Times the Sum stipulated, and pay a Fine also of Eight Times as much to the Magistrate.

If any Person verbally agrees with a Prostitute, and says, "I will employ you," and gives her Hire upon his own Account, but afterwards, instead of employing her himself, causes several other Men to enjoy her, in that Case, he shall pay her Eight Times as much as the Sum stipulated, and pay a Fine also of Eight Times as much to the Magistrate.

If a Man hath mentioned One particular Person's Name to a Prostitute, and, having given her a stipulated Hire in that Person's Name, carries her to another Man, the Magistrate shall fine that Man One Masheh of Gold ( 1/12 of Askrusie.)

If a Man, having agreed with a Prostitute for her Hire, goes to her accordingly, and afterwards does not pay her the stipulated Sum, then whatever Hire he had agreed to give, he shall pay Double of that Sum to the Woman, and a Fine also of Double of the same Sum to the Magistrate.

If a Person, having agreed for the Hire of a Prostitute to himself, takes a Number of Men with him to that Prostitute, and there enjoys her, in that Case, whatever Hire he had agreed to pay, he shall give her Double of such Hire for every Person whom he carried with him; and in like Manner shall pay Double of such Hire for every single Person to the Magistrate as a Fine.

If a Bherooah (i.e.) a Pimp or attendant Musician upon Prostitutes, and a Prostitute have any Dispute, the Mistress of the Girl shall settle the Dispute.

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CHAP. X. Of Rent and Hire.

If a Person, paying Rent and Hire, builds a new House upon the Lands of any Stranger, and lives there, in that Case, whenever he quits that Place, and pays up his Rent without a Balance, he may do what he pleases with the House.

If a Person, without paying Rent, builds a new House upon the Lands of a Stranger, and lives there, in that Case, at the Time he quits that Place, he may not dispose of the House at his own Pleasure; the Owner of the Land shall also become Owner of the House.

If a Person hath hired any Thing for a stipulated Time, he shall pay the Rent accordingly.

If a Person hath hired any Thing from another, he shall continue to pay the Hire for it, until he returns it to the Owner.

If a Person hath hired any Thing from another, and does not apply to any Use the Things hired, he must pay the Rate of Hire for it, and be held to return it to the Owner.

If a Person, having agreed for the Rent of the Water of a Pool, or of the Water of a Well, or of the Water of a River, or of a House, does not pay it, the Magistrate shall cause such Rent and Hire to be paid.

If a Person hath hired any Thing from another, and the Thing so hired, without any unexpected Calamity, or Innovation of the Magistrate, be spoiled by the Fault of that Person, he shall make it good; if it be damaged by any natural Accident, or by the Innovation of the Magistrate, he shall not make it good.  

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CHAP. XI. Of Purchase and Sale.

SECT. I. Of the Venders not delivering up to the Purchaser the Commodity sold, and of the Magistrates causing him to deliver it.

If a Person hath sold to any One, Glebe Land, or Houses, or any such Property, and, having received the due Value for it, forcibly detains the Premises sold, and himself expends the Profit arising upon them, upon the Purchaser's laying a Complaint of this Nature before the Magistrate, that Magistrate shall cause the purchased Premises, and also the Profit accruing upon them, to be delivered over to the Purchaser; and if, at the Time of entering upon the Premises, the Price has fallen, with respect to the Time when the Purchase was made, he shall cause such Overplus of Price also to be given back to the Purchaser, by the Vender; but, if the Price hath risen, the Vender shall not receive such Difference of Price, and the Magistrate shall also fine the Vender One Hundred Puns of Cowries.

If a Person sells any Thing, except Glebe Land, to any One, and, having received the due Value, forcibly detains the purchased Commodity, and himself expends the Profits arising upon it, upon the Purchaser's carrying a Complaint of this Nature before the Magistrate, that Magistrate shall cause the Commodity bought to be delivered over to the Purchaser; and also whatever Profit thereupon accruing, which the Seller has applied to his own Use; and if, at the Time of delivering up the Purchase, the Price of such Commodity has fallen, with respect to the Time when the Purchase was originally made, the Vender shall also make good such Difference of Price, and shall pay to the Magistrate a Fine of One Hundred Puns of Cowries.

If a Person, having sold any Thing to a Merchant who is gone into another Country to trade, hath received the due Value for it, and then forcibly detains the purchased Commodity, in that Case, upon the Merchant's preferring a Complaint of this Nature to the Magistrate, that Magistrate shall cause the purchased Commodity to be delivered to the Buyer, and also whatever the present Profit falls short of that Profit which the Merchant would have gained by selling it in another Kingdom, at the Time of his making the Purchase, the Magistrate shall cause that Difference also to be made good to the Purchaser, and shall likewise take to himself, as a Fine, One Hundred Puns of Cowries: This Ordination is according to Beeba-dur Tunmgurkar: —Approved.

If a Person hath purchased any Thing with Agreement to take away the Goods the same Day, and hath settled a Day of Payment, and the Vender also Consents to this, yet does not deliver up the Goods on the Purchaser's Demand, upon the Purchaser's preferring a Complaint of this Nature to the Magistrate, that Magistrate shall cause such Goods to be delivered to the Purchaser, and shall also make the Vender give up whatever Advantage he may have enjoyed, arising from the Goods so detained, and shall fine him moreover One Hundred Puns of Cowries; but the Purchaser shall be held to pay according to the Stipulation; nevertheless, if, with respect to the Time of the Purchase, the Price is since fallen, the Vender shall make it good.

If a Person, having purchased any undamaged Commodity, afterwards returns it back to the Vender, at whatever Price the Purchase was made, the Vender shall detain One Tenth of such Price, and return the other Nine Parts to the Purchaser, receiving back at the same Time the purchased Goods.

If any Person hath sold any Commodity to another, and does not deliver up such Commodity to the Purchaser upon his Demand, after which the Commodity receives any Damage, the Vender shall make it good.

If a Person hath sold any Commodity to another, and the Purchaser doth not make demand for the Goods purchased, which Goods are afterwards damaged by the Vender's Fault, the Vender shall make good the Loss; but if the Damage arises from any Calamity of the Season, or from any Innovation of the Magistrate, the Vender shall not make good the Loss.

If a Person, producing to another a Commodity without Blemish, and, having stipulated for a Price according to the Value of such Commodity, afterwards gives to the Purchaser damaged Goods, in that Case, the Magistrate shall cause the Vender to give Double of such Price to the Purchaser, and himself also shall take from the Vender Double of such Price as a Fine.

If a Person, conscious of a Blemish in his Goods, conceals that Blemish when he sells those Goods, in that Case, the Magistrate shall cause the Vender to give Double of the Price of the Goods to the Purchaser, and himself also shall take from him the same Sum as a Fine.

If Idiots, or Persons rendered senseless by Intoxication, or Men who cannot distinguish between their own Good and Evil, sell any Thing, it is not approved; if they will take such Commodity back again, they are authorized.

la each particular Season, every Commodity has its particular Price; if a Person, under the Influence of Fear, sells any Commodity remarkably under Value, with respect to the Season, it is not approved; and, if he will take it back again, he is authorized.

If a Man, having sold a Commodity to one Person, afterwards sells the same Commodity to another, the Magistrate shall cause him to give Double of such Commodity to the First Purchaser, and himself also shall take the same Sum as a Fine.

If a Person hath sold any Thing to another, with Agreement to deliver up the Purchase on a stipulated Day, and, upon his tendering the Goods on that Day accordingly, the Purchaser refuses to receive them, the Vender, in that Case, may dispose of them elsewhere: In this Case, the Vender is not in fault; and, if, on the Second Sale, any Loss should accrue to the Vender, the First Purchaser shall make it good.

If a Person, without Agreement of Price, hath delivered to another any Goods, under the Name of Selling, saying, “I will receive the Value of them," and afterwards a Dispute should arise concerning the Price, then, whatever was the current Price of such Commodity, at the Time of the Purchase, according to the Price at that Period, the Arbitrators appointed by the Buyer and Vender shall terminate the Dispute.

SECT. II. Of Returning, or not Returning Articles purchased.

If a Person hath bought the Seeds of Paddee, of Wheat, Barley, Maush, Doll, Gram, Mustard-Seed, or such Kinds of Grain, without Inspection, and in Ten Days discovers any Defect in that Grain, he may return such Grain, within that Space of Ten Days; if Ten Days are past, he shall never afterwards return it; if he inspected the Grain at the Time of Purchase, he then shall not have Power to return it, even within the Space of Ten Days.

If a Person buys Iron, without Inspection, and afterwards discovers a Defect in that Iron, he may return it back within the Space of One Day; if he inspected it at the Time of Purchase, he shall never afterwards return it; and also, if One Day is past, he shall not afterwards return it, though not inspected at the Time of Purchase.

If a Person hath bought of any One, Pearls, Coral, or Diamonds, or any other Species of Precious Stones, without Inspection, and in Seven Days discovers any Defect in them, he may return them within that Space of Seven Days; if Seven Days are past, he shall never afterwards return them; if he inspected them at the Time of Purchase, he shall not have Power to return them, even within the Space of Seven Days.

If a Person hath purchased a Slave Girl of any One, and within a Month discovers any Defect in that Girl, he may return her within that Space of One Month; if One Month be past, she never afterwards shall be given back; and, if the Purchase was made upon Inspection, she shall not be returned, even within the Space of One Month.

If a Person purchases of any One, Camels, Bullocks, Asses, or such Kinds of Beasts of Burthen, and in Five Days any Defect should be found in them, they may be returned within that Space of Five Days; if Five Days are past, they must never be returned; if they were inspected at the Time of Purchase, the Purchaser shall not have Power to return them, even within Five Days.

If a Person, without Inspection, purchases of any One, Cows, or Cow Buffaloes in Milk, and any Defect is found on them in Three Days, they may be returned within that Space of Three Days; if Three Days are past, they must never afterwards be returned; if the Purchase was made upon Inspection, the Purchaser shall not have Power to return them, even within Three Days.

If a Person hath bought a Slave of any One, and in Fifteen Days any Defect be found in him, he may be returned within that Space of Fifteen Days; if Fifteen Days are past, he can never afterwards be returned; if he was inspected at the Time of Purchase, he may not be returned, even within Fifteen Days.

If a Person hath bought Grass, or Fuel-Wood, or Bricks, or Paddee, or Wheat, or Barley, or any other Grain, or Wine, or Honey, or Ghee, or Sugar, or Candy, of the Species of Sweet, or Round Pepper, or Long Pepper, of the Species of Bitter, or Hurreh, or Beheerreh, and other Things, of the Species of Assus, or Astringent, or Shaddock, or Tamarinds, and other Things, of the Species of Acid, or Salt, or Cloth, or Gold, or Copper, or Tin, or Tutenague, or White Copper, or Brass, and any Defect should be found in them the same Day, they may be returned within the Space of that Day; if that Day be past, they can never afterwards be returned; if the Purchase was made on Inspection, they shall not be returned, even within the same Day.

If a Man purchases old Cloaths, he must never return them.

If a Person, who is always employed in buying and selling various Sorts of Commodities, and is well skilled in that Business, should purchase any Thing, he shall not at any Time have Power to return it upon a Discovery of a Defect.  

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CHAP. XII. Of Boundaries and Limits.

To ascertain Boundaries, upon the Confines of those Boundaries shall be planted the Male and Female Banyan Tree, or the Plass Tree, or the Seemul (Cotton Tree) or the Saul, or the Toddy Tree, or the Zukkoom Tree, or the Lutta Tree, or the Bamboo, or a Mound of Earth must be made, or any large Tree, that produces not a great Number of Branches, must be planted; or by a Pool, a Well, a Bason, a Ditch, or any such Signs above-mentioned, shall the Boundaries be openly described; or a Temple shall be built there to Shaghur (i.e.) their Deity.

Dust, or Bones, or Seboos (i.e.) Bran, or Cinders, or Scraps of Earthen Ware, or the Hairs of a Cow's Tail, or the Seed of the Cotton Plant, all these Things above-mentioned, being put into an Earthen Pot, filled to the Brim, a Man must privately bury upon the Confines of his own Boundary, and there preserve Stones also, or Bricks, or Sea Sand, either of these Three Things may be buried, by way of Land-Mark of the Limits; for all these Things, upon remaining a long Time in the Ground, are not liable to rot, or become putrid; any other Thing also, which will remain a long Time in the Ground, without becoming rotten, or putrid, may be buried for the same Purpose: Those Persons, who, by any of these Methods, can shew the Line of their Boundaries, shall acquaint their Sons with the reflective Land-Marks of those Boundaries; and in the same Manner those Sons also shall explain the Signs of the Limits to their Children: If all Persons would act in this Manner, there could be no Dispute concerning Limits and Boundaries.

If a Suit, for the Limits of Ground, should arise, the Magistrate, having inspected the open and private Land-Marks above described, shall settle the Suit; if any Doubt or Perplexity should intervene, the Plaintiff and Defendant shall produce to the Magistrate their respective Accounts of Possession, under Proof, and the Suit of Boundaries shall be settled: If also there is no Land-Mark, and they cannot prove their respective Possessions, then the Plaintiff shall find out some old Men, well acquainted with the Boundaries, or the Person who first marked out the Spot, and settle the Dispute by their Means; but the Dispute of Limits shall not be settled by the Testimony of only One experienced Person, it shall not be determined by less than the Testimony of Four Persons.

If both the Plaintiff and the Defendant approve of some old and experienced Men for giving Testimony, in regard to the Settlement of a Dispute for Boundaries, then the Magistrate, or Arbitrator, shall question such Person as the Plaintiff and the Defendant have approved; and he, putting on a Red Necklace, and Red Cloaths, shall relate the true Circumstances of the Boundaries; if, after the Testimony of these Persons, the Suit is still undetermined, then the Magistrate shall select, and put the same Questions, to Four or Ten Persons of those who break up Faggot-Wood constantly in those Parts, or who are Hunters, or who, after the Grain is reaped, glean what is on the Ground; and these shall lay their Heads upon the Ground, making the due Reverences, and putting on Red Necklaces, and Red Cloaths, shall relate what they know of the Affair, saying, "If we give false Witness, may our good Actions all be reversed." In a Dispute concerning Boundaries, a single Person shall not give Testimony; but if the Plaintiff and Defendant join in approving a single Person, the Magistrate shall question him; and that Person, fasting for One whole Day, and putting on a Red Necklace, and Red Cloaths, with the due Reverences of laying his Head to the Ground, shall give his Testimony.

The Magistrate shall not settle a Dispute concerning Boundaries by the Testimony of a Person of bad Principles; if the Suit cannot be settled by Means above-mentioned, then the Magistrate shall go in Person to the Boundaries in Dispute, and inquire the Truth of the Affair from the Men in the Village, who were born in that Village, and who are well acquainted with the Boundaries; and those also who are gone to any other Part of the Country he shall summons, and, having upon Inquiries learnt the Truth from them, he shall settle the Dispute.

If the Magistrate, from Anger or Avarice, or any other bad Principle, gives the Land owned by one Person to another, it is not approved.

In a Place where there is any Dispute concerning the Boundaries of Villages, the Dispute concerning such Boundaries shall be settled by applying to the Men of Credit and Experience there; if there is a Dispute concerning Tillage, the Dispute shall be settled by applying to the Farmers in the Neighbourhood; and if there is a Dispute for the Ground on which a House stands, the Dispute shall be settled by applying to the Persons dwelling in the Neighbourhood of that House; if there are none of these, nor any Witness, nor any Land-Mark of the Boundary, nor any Account of the Usufruct, in that Case, the Magistrate shall mark out the Boundaries, according to his own Pleasure, and the Plaintiff and the Defendant shall both approve of the Decision; whichever of them shall not approve, the Magistrate shall fine him.

In a Place where Two Villages lie on the Two Banks of a River, if, from that River, a Nullah should spring out, which, after making an Elbow into the Land, returns again to the River, and some Glebe Land should remain fixed in its original Situation, between that Elbow of the Nullah and the main River, in inch a Case, the Glebe Land shall still belong to the Village that originally possessed it.
 
In a Place where there is a River, the Two Banks of which are Boundaries to the Estates of Two Persons, if that River should break off some Part of the Bank on one Side, and carry it over to the other, then the Owner of that Boundary, upon which the other broken Bank hath fallen, shall become Proprietor of that Bank so broken, and the Person whose Bank is so divided Shall no longer have any Property therein: If the River breaks off the whole of a Person's Land, and carries it over to the Boundaries of another Person, in that Case, the Person whose whole Ground is thus torn away shall still be the Owner thereof, and the Person upon whose Boundary such Land hath fallen shall not be entitled to Possession thereof.

If a Person, not being real Owner of any Land, should, by any fraudulent Means, get Possession of some Land, the Magistrate shall take from him that Land, or give it to some other Person (he is authorized so to do) and that Person shall not have Power to cause any Let or Molestation.

If a Person hath built a new House upon the waste Ground, and hath occupied it, then, if a powerful Man should erect a Mansion upon the same Place, and should join to his own Buildings the Spot of Ground occupied by the other, it is not approved.

Whatever Pool, or Well, a Person hath occupied, from the Commencement of building his House, another Person cannot afterwards prohibit him from using.

If a Man hath had a Window in his own Premises, another Person, having built a House very near to this, and living there with his Family, hath no Power to shut up that Man's Window; and, if this Second Person would make a Window in his own House, on the Side of it that is towards the other Man's House, and that Man, at the Time of his Constructing such Window, forbids and impedes him, he shall not have Power to make a Window; if, after the Window is finished, the other Person should cause him any Trouble, the Magistrate shall take a Fine from that Person, without causing the Window aforesaid to be shut up.

If the Drain of a Man's House hath, for a long Series of Time, passed through the Buildings belonging to another Person, that Person shall not give any Impediment thereto; but if that Person caused any Impediment at the first Commencement of such Drain, then the other shall not have Power to carry his Drain that Way; if that Person, at the Commencement of the Drain, gave no Interruption, yet afterwards causes the ether any Trouble, he shall be amenable to the Sircar of the Magistrate.

If a Man hath made a lofty Building for a Seat, and goes up thither to sit, then, if, at the Time of the Commencement of the aforesaid Building, none of his Neighbours gave him any Impediment, they shall not afterwards have Power to Molest him; if afterwards they impede and cause him any Trouble, they shall be amenable to the Magistrate.

Any House, which hath a Door in each of the Four Sides, if, at the first building of the House, no Person gave any Impediment to the Construction of such Doors, and yet should afterwards attempt to impede, he shall not have Power to do it; if he should then give the Owner of the House any Trouble or Molestation, he shall be amenable to the Magistrate.

If, from the Thatch Roof of any House, the Water falls off into a Place adjoining to that House, but the Property of another Man, then, if the Person, upon whole Ground such Water falls, gave no Impediment at the Beginning, he shall not afterwards have Power to impede; if, after the Completion of the House, he gives the other any Trouble or Molestation, he shall be amenable to the Magistrate; and, if a Person makes a Sejjah (or Fenced Terras) upon the Top of his House, another shall not impede him.

If there is an old passage for Men and Cattle through the Grounds of any Person, that Person has not Power to stop up such Road.

A Person may not make a Necessary-House adjoining to the House of any Person; nor shall he fling out Rubbish and Filth there, nor dig a Ditch.

A Person shall not plant the Tree Kooloo, or Cocoa Nut, from whence bitter Oil is extracted, adjoining to another Man's House; if he plants them there, he must leave the Breadth of Two Cubits between the Trees and the House.

A Door through which all People pass, and a Road upon which all People travel, no One shall shut, upon Pretence that it is within his own Boundaries; nor shall he make that Path a Place to piss, or a Recepticle for Filth, or for Sand to scower the Vessels wherein the Filth is carried; nor shall he make such a Recepticle near to a House; nor, when he has swept his House, shall he throw the Rubbish and Ashes into the Path; nor shall he ease himself there; neither shall he plant Trees there.

If a Person shuts up the Path where the Magistrate, or the Magistrate's Officers, pass and repass, he shall be amenable.

If a Person, in the Time of no general Calamity, throws Rubbish and Ashes upon the High Road, or makes a Hole there, or eases himself thereon, a single Time, or plants Trees there, the Magistrate shall take a Fine from him of One Masheh of Gold, and cause him to throw away the Filth with his own Hands.

If a Person, during the Time of a general Calamity, is guilty of the Practices above-mentioned, in the High Road, he shall not pay a Fine, nor be obliged to throw away the Filth with his own Hands.

If a Person, in the Time of no general Calamity, constantly throws Rubbish, Filth, and other Things above specified into the High Road, the Magistrate shall fine him Two Cahawuns of Cowries, and oblige him to throw the Filth into some other Place with his own Hands.

If, in Times either of Calamity, or of no Calamity, a feeble old Man, or a Child, or a Woman big with Child, should throw any of the Things above-mentioned into the High Road, they shall neither pay a Fine, nor be obliged to throw away the Filth with their own Hands; but the Magistrate shall caution them to be more careful for the future.

If a Person throws any Filth into a Garden, or near the Steps of a Pool, the Magistrate shall fine him One Hundred Puns of Cowries, and oblige him to throw away the Filth with his own Hands.

If a Person throws away Filth into the Places of Zeearut (or religious Walks) or near the Steps of a Pool, a Well, or Bason of Water, so that People are prevented from going thither, and cannot Use the Water of such Pool, Well or Bason, the Magistrate shall fine the Offender Two Hundred and Fifty Puns of Cowries, and oblige him to throw away the Filth with his own Hands.

If between the Boundaries of Two Persons any Tree should grow, the Flowers and Fruit of such Trees shall be indiscriminately used by both Parties.
 
If Trees be on the Boundaries of one Person, and the Branches of those Trees extend over the Boundaries of another, then the Person, into whose Premises such Branches extend, is Proprietor of those Branches, and may do with them as he pleases.

If a Person, by causing violent Apprehension in another Person, occupies that Person's House, or Pool, or Garden, or Tillage, the Magistrate shall cause the Possession thereof to revert to the Owner, and shall fine the other Person One Hundred Puns of Cowries.

If a Person, having by Mistake affirmed, that the House, Pool, Well, Garden, or Glebe, or any such Things, the Property of another, belonged to himself; hath applied them accordingly to his own Use, the Magistrate shall fine him Two Hundred Puns of Cowries, and cause the Possession thereof to revert to the real Proprietor.

If a Person should dig up by the Roots a Tree planted for a Land-Mark, as before specified, it is a Crime, and the Magistrate shall fine him Two Hundred Puns of Cowries.

If a Person, by removing a Land-Mark, fraudulently appropriates to himself an additional Piece of Land, the Magistrate shall take from him a Fine of Five Hundred and Forty Puns of Cowries, and shall give back the Ground to the Owner.  

If a Person entirely breaks the dividing Ridge between the Tillage of any Two Persons, the Magistrate shall fine him One Hundred and Eight Puns of Cowries.

If a Person hath destroyed much of the Tillage of another Man, and appropriated a larger Piece of Ground than what belongs to him, the Magistrate shall fine him One Thousand and Eight Puns of Cowries, and shall cause him to give back the Land to the Owner.

If a Person, to serve his own Tillage, steals the Water from another Man's Pool, and waters his Ground therewith, the Magistrate shall fine him One Hundred and Eight Puns of Cowries.

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CHAP. XIII. Of Shares in the Cultivation of Lands.

Fallow or Waste Land is of Three Sorts, viz.

1. Land Waste for Two Years, or One Year, which is called Arde Kheel, Half Waste.

2. Land Waste for Three Years, or Four Years, which is called Kheel, or Waste.

3, Land Waste for Five Years, or whatever longer Time it may happen, such Land is called Jungle.

If a Person makes over to another, for the Purpose of Cultivation, Land that has been waste for One or Two Years, and that Person, having, by careful Management, improved the Ground, should raise a Crop from thence, in that Case, of the whole Crop so raised, One Sixth shall go to the Owner of the Ground, and the remaining Five Sixths shall belong to the Cultivator; if this Person above-mentioned, having agreed to take Land of the other, for the Purpose of Cultivation, should afterwards neglect either to cultivate it himself, or to cause it to be cultivated by others, in that Case, whatever Crops other Lands in the same Place, similar to the Lands specified, shall produce upon a Medium, the Cultivator shall give to the Owner of the Ground the Proportion of One Sixth of such Medium Crop, and the Magistrate also shall take from the Cultivator a Fine of the same Value.

If a Man makes over to another, for the Purpose of Cultivation, Land that has been waste for Three Years, or for Four Years, and that Person by Improvement of the Soil raises a Crop there, in that Case, of the whole of the Crop so raised, One Eighth shall go to the Owner of the Ground, and the remaining Seven Eighths shall belong to the Cultivator; if this Person above-mentioned, having agreed to take Land of the other, for the Purpose of Cultivation, should afterwards neglect either to cultivate it himself, or to cause it to be cultivated by others, in that Case, whatever Crops other Lands in the same Place, similar to the Lands specified, shall produce upon a Medium, the Cultivator shall give to the Owner of the Ground the Proportion of One Eighth of such Medium Crop; and the Magistrate also shall take from the Cultivator a Fine of the same Value.

If a Man makes over to another, for the Purpose of Cultivation, Land that has been waste for Five Years, or for any longer Period whatever, and that Person, by Cultivation, raises a Crop there, in that Case, of the whole of the Crop so raised, One Tenth shall go to the Owner of the Ground, and the remaining Nine Tenths shall belong to the Cultivator; if this Person above-mentioned, having agreed to take Land of the other, for the Purpose of Cultivation, should afterwards neglect either to cultivate it himself, or to cause it to be cultivated by others, in that Case, he shall pay the proportionate Value and Fine, in the Manner above specified.

If a Person, by any Reason rendered incapable, neglects to till his own Ground, and another Person, without his express Permission, should cultivate such Land, after it has been waste One Year, or Two Years, or Three Years, or Four Years, and raise a Crop from thence, and the Owner of the Ground, being acquainted with the Cultivation, at the Time thereof, did not forbid it, in that Case, if the Owner of the Ground, within the Space of Seven Years, hath not furnished the proportionate Expence of cultivating the Land, he may not reclaim his Land; but the Cultivator shall be held to give to the Owner of the Land a Proportion of the Crop, after the Manner above specified; if he gives not such Proportion, the Owner of the Land may reclaim his Property, even within Seven Years; also, upon having furnished no Part of the Expence of Cultivation, after Seven Years, the Owner of the Land may take back his Ground: In the same Manner, if Land be cultivated, after lying waste for five or more Years, and the Owner of the Land, within the Space of Eight Years, hath not furnished the proportionate Expence of Cultivation, he may not reclaim his Land, he shall recover it after the Ninth Year; if Land that is not waste be cultivated, in that Case, the Owner may take back his Land, at his own Pleasure.

Upon the Death of any Person, if any other should cultivate the Land of the Deceased that has been waste for One, Two, Time, or Four Years, and jailed a Crop from thence, in that Case, if the Heirs of the Deceased, within the Space of Seven Years, have not furnished the Expence of cultivating that waste Land, they may not take the Ground from that Person; but the Cultivator shall give to the Heirs of the above-mentioned Deceased a Proportion, in the Manner already specified; if he hath not given such Proportion, the Owner of the Land may recover his Land, within the Space of Seven Years; also, after the Eighth Year, if the Heir above-mentioned hath not furnished the Expence, he may take his Land: In the same Manner, if Land be cultivated, after lying waste for Five or more Years, and the Heir aforesaid hath not to the Eighth Year furnished the Expence of cultivating the Waste Land, he shall not have Power to take his Land from that Person, he may reclaim it after the Ninth Year, at his own Pleasure.

When a Person is Absent upon Travel, if another should cultivate his Land, after it has lain waste One, or Two, or Three, or Four Years, and should raise a Crop from thence, in that Case, if neither the Person aforesaid, nor his Heirs, within the Space of Seven Years, have furnished the Expence, upon cultivating such waste Ground, that Ground may not be taken from the other Person; but the Cultivator shall pay to the Person aforesaid, or to his Heir, a Proportion, after the Manner above specified; if he does not give such Proportion, in that Case, the Owner of the Land, or his Heir, within the Space of Seven Years, may take the Land; Also, after the Eighth Year, if the Person aforesaid, or his Heir, have not furnished the Expence, upon cultivating the Waste Land, they may recover the Land: In the same Manner, if Land be cultivated, after lying waste for Five or more Years, in that Case, if that Person aforesaid, or his Heir, within the Space of Eight Years, hath not furnished the Expence, upon cultivating such Waste Land, they may not reclaim the aforesaid Land, they shall recover it after the Ninth Year.

If a Person gives to another, for Cultivation, Land that is not waste, who, by Cultivation, raises a Crop from thence, in that Case, of the whole of that Crop, One Sixth shall go to the Owner of the Ground, and he shall give the remaining Five Sixths to the Cultivator; if this Person above-mentioned, having agreed to cultivate the Land of such other Person, should afterwards neglect either to cultivate it himself, or to cause it to be cultivated by others, in that Case, the Cultivator shall pay the proportionate Value and Fine, in the Manner above specified, in the Section of the Cultivation of Waste Land.

If a Man gives to any Person, for cultivating, Land waste or not waste, he may not take it back from that Person, without some Fault found in him.

If a Man is desirous to cultivate the Land of any other Person, who does not give his Consent for the Cultivation of the same, and, without any Discourse having passed between them, that Man should cultivate the Land, and raise a Crop from thence, the whole of such Crop shall go to the Owner of the Ground, and the Cultivator shall receive Nothing.

If a Man sows Seed upon his own Ground, and by any Chance whatever some of that Seed should fall upon another Person's Ground, and a Crop should arise from thence, that Crop shall go to the Owner of the Ground, and not to the Owner of the Seed.

If a Man hath wowed Seed upon his own Land, and any other Person should spoil that Seed, in that Case, the Magistrate shall chastise that Person, and take a Fine from him, and cause him to make good to the other the Seed so spoiled.