Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed
Posted: Fri May 21, 2021 6:44 am
CHAP. XIV. Of Cities and Towns; and of the Fines for damaging a Crop.
Wherever Men of the Tribe of Sooder, and Husbandmen are very numerous, and where there is much Ground fit for Tillage, such Place is called Gram, or a Town.
A Place that hath Eight Cose in Length and Breadth, and on the Skirts of which, on all the Four Sides, is a Ditch, and above the Ditch, on all the Four Sides, a Wall or Parapet, and on all the Four Sides of it are Bamboos, and on the East or North Side thereof a hollow or covered Way, such Place is called Nigher, or a City: In the same Manner, if it hath Four Cose in Length and Breadth, it is called Kheet, or a small City; and if it hath Two Cose in Length and Breadth, it is called Gherbut, or a small City.
The Road for passing and repassing shall be at the Choice of the Inhabitants of a Town; but if a Man Possess only a small Lot of Ground, a small Parcel only of his Ground shall be included in the Road; and whoever has a large Parcel of Ground, a larger Share of his Ground shall be included in the Road.
On each of the Four Sides of a Town, they shall leave Four Hundred Cubits, and from thence commence their Tillage; and on each of the Four Sides of a City, they shall leave Sixteen-Hundred Cubits, and from thence commence their Tillage; and on each of the Four Sides of a small City, they shall leave Twelve Hundred Cubits, and from thence commence their Tillage; and on each of the Four Sides of a smaller City, they shall leave Eight Hundred Cubits, and from thence commence their Tillage; within this Space above specified, no Tillage shall be made: If a Person, having made any Cultivation, neglects to enclose it, and the Crop thereof should be eaten by the Cows, Buffaloes, and such Kind of Animals, the Owner of those Animals, and the Keeper of them, shall not be amenable: If any Person knowingly leaves his Cattle upon such Tillage, and so causes them to feed there, the Magistrate shall punish such a Person in the same Degree as a Thief.
If a Person cultivates Land adjoining to the Road, without enclosing such Land, and the Crop thereof be eaten by Cows, Buffaloes, Horses, Camels, Goats, Sheep, or any such Kind of Animals, the Owner and the Keeper of them shall not be amenable: If any Person knowingly causes his Cattle to feed upon the Crops, the Magistrate shall punish such a Person in the same Degree as a Thief.
During the Night, if a single Cow should get into any Person's Ground, and feed there, without Hinderance, in that Case, the Magistrate shall fine the Owner of the Cow Five Silver Coins; and if, during the Day, a single Cow hath eaten the Crop upon any Person's Ground, without Hinderance, the Magistrate shall fine the Owner of the Cow Six Silver Coins; Also, if, either during the Day or the Night, a single Cow should feed upon the Crop on any Person's Ground, without Hinderance, for the Space of Two Ghurries, the Magistrate shall fine the Owner of the Cow Two Silver Coins; and if the Cow was under the Care of a Keeper, at the Time of her feeding upon such Crop, the Keeper shall pay the Fine, and pay also to the Owner of the Land the Value of whatever Part of the Crop such Cow hath eaten.
If a Camel hath eaten of the Crop upon the Ground of any Person, the Magistrate shall fine the Owner of the Camel Twelve Silver Coins, and give the Value of such Crop to the Owner of the Land; if the Camel was under the Care of a Keeper, at the Time of eating the Crop upon a Person's Ground, in that Case, the Keeper shall make good the Suit of the Owner of the Ground, and shall also pay the Fine.
If a Horse or Buffalo hath eaten the Crop upon any Person's Ground, the Magistrate shall cause the Owner of the Land to pay the Crop, and shall also fine him Twenty Silver Coins; if the Horse or Buffalo was under the Care of a Keeper, at the Time of eating such Crop, the Owner of them has no Concern therein, the Keeper shall be held to make good both the Fine and the Crop.
If a Goat or a Sheep hath eaten of the Crop upon any Person's Ground, in that Case, the Magistrate shall cause the Owner of the Goat or Sheep to give such Crops to the Owner of the Ground, and shall fine him Four Silver Coins; if the Goat or Sheep was under Care of a Shepherd, at the Time of eating the Crop, in that Case, the Shepherd shall be held to make good both, the Fine and the Crop, the Owner has no Concern therein.
Exclusive of these Animals, whole Names have been above-mentioned, if any other Animal whatever hath eaten the Crop upon any Person's Ground, in that Case, the Magistrate shall cause the Proprietor of the Animal to pay the Crop to the Owner of the Ground, and shall fine him One Pun, Five Gundaes of Cowries; if that Animal was under the Care of a Keeper, the Keeper shall be held to make good both the Fine and the Crop, the Owner hath no Concern therein.
If the Foal of a Mare, or of a Camel, or of a Cow, or of a Buffalo, or of any other Animal, hath eaten the Crop on any Person's Ground, in that Case, the Magistrate shall cause the Owner of the Foal to make good the Crop to the Owner of the Ground, and shall fine him Two Silver Coins; if such Foal was under the Care of a Keeper, while it fed upon such Crop, the Keeper shall be held to make good both the Crop and the Fine, the Owner hath no Concern therein.
If a Cow, or a Buffalo, or a Horse, or a Camel, or any other Animal, hath eaten a great Quantity of the Crop on another Person's Ground, and hath staid there a long Time, without any Disturbance, in that Case, the Magistrate shall cause the Owner of the Animal to make good the Crop to the Owner of the Land, and shall fine him Double of the Rates of Fines already above specified; if the Animal was under the Care of a Keeper, during the Time of eating such Crop, the Keeper shall be held to make good both the Crop and the Fines, the Owner hath no Concern therein.
If a Cow, or Buffalo, or any other Animal, hath eaten the Crop upon any Person's Ground, and hath slept the whole Day, or the whole Night, upon that Ground, in that Case, the Magistrate shall cause the Owner of the Animal to make good the Crop to the Owner of the Ground, and shall fine him Quadruple of the Rates of Fines already above specified; if there was a Keeper, at the Time the Crop was eaten, that Keeper shall make good both the Crop and the Fine, the Owner hath no Concern therein.
If a Person causes any Animal belonging to himself to eat, in his own Sight, the Crop upon another Man's Ground, in that Case, the Magistrate shall cause him to make good the Crop to the Owner of the Ground, and shall punish him in the same Manner as a Thief.
If a Cow, or Buffalo, or a Horse, or a Camel, or any other Animal, being under the Care of a Keeper, hath eaten the Crop upon the Ground of any Person, in such a Manner that there is not any Crop upon that Ground, in that Case, the Magistrate shall fine the Keeper to the utmost of his Worth; if the Keeper is unable to pay a Fine, in that Case, the Magistrate shall take a Fine from the Owner, and shall chastise the Keeper, and shall cause the Crop to be made good to the Owner of the Ground.
If a Horse, or a Camel, or a Buffalo, or any other Animal belonging to any Person, hath eaten the Crop upon another Man's Ground, and this Man makes a Demand for his Crop, in that Case, that Person shall make good such Crop, and shall also give whatever Quantity of Grass may arise upon that Crop.
If a Cow hath eaten the Crop on any Man's Ground, it is not right for that Man to take an Equivalent of such Crop from the Owner of the Cow, if he takes the Equivalent, he is entitled to it, but it is nevertheless a Crime in him.
During the Time that a Keeper is tending Kine, Buffaloes, or such Kind of Animals, if at such Time he attends the Summons of the Magistrate, or is stricken by Lightning, or bitten by a Serpent, or falls down from a Tree, or is carried off by a Tiger, or becomes sick, during these, or any such Kind of Accidents, if the Kine, Buffaloes, or any other Animals, eat the Crop on any Person's Ground, in that Case, the Keeper shall not be amenable; Also, if, while the Owner himself was tending his Kine, Buffaloes, or other Animals, any such Accidents should happen to him, and the Animals aforesaid should eat the Crop on any Person's Ground, the Owner of the Animals shall not be amenable.
A Bull, to whom Cows are driven for leaping, in Expectation of their producing Calves, such Bull is called Beejeshukta; if such Bull eats the Crops upon any Person's Ground, the Owner or Keeper of the Bull shall not be amenable.
A Bull, upon whose Rump, at the Time of the Seradeh, or Festival of any Person, they make a Scar, and let him loose, such Bull goes wherever he chooses; no Person performs the Office of Keeper to such Bull; the Name of such Bull is Bereesocherg: If this Bull eats the Crop upon the Ground of any Person, the Owner of the Bull shall not be amenable.
If a Cow belonging to one Town hath been lost, or hath strayed to any other Town, and there eats the Crop upon the Ground of any Person, in that Case, the Owner and Keeper of the Cow shall not be amenable.
If a Cow, having brought forth a Calf, before the Elapse of Ten Days from the Time of her calving, should eat of the Crop upon the Ground of any Person, in that Case, the Owner and Keeper of the Cow shall not be amenable.
When a Cow, from her own Impulse and Inclination, is accompanying a Bull to be leaped by him, if, at such Time, the Cow aforesaid should eat of the Crop upon the Ground of any Person, in that Case, the Owner and Keeper of the Cow shall not be amenable.
If a Cow, or a Horse, or a Buffalo, or a Camel, or any other Animal, being blind or lame, should eat the Crop upon any Person's Ground, the Owner and Keeper of such Animals shall not be amenable.
If the Magistrate's Elephant, or the Magistrate's Horse, should eat the Crop upon the Ground of any Person, the Owner and the Keeper thereof shall not be amenable.
If a Weasel, or a Mouse, or a Rat, or any such Kind of small Animal, or a Mule, should eat of the Crop upon the Ground of any Person, the Owner and Keeper of these Animals shall not be amenable.
If a Cow without a Keeper, being frightened at feeing an Army, or by a Thunder Storm, or any other Accident, should run away, and eat the Crop upon the Ground of any Person, the Owner of that Cow shall not be amenable.
If a Man hath laid up Hay in a Garden, or any other Place, to feed his own Cattle, and another Person's Cow, or Buffalo, or any other Animal, should eat that Hay, or should eat the Crop upon any Man's Ground, or should go into any Man's House, or Garden, or tilled Land, upon such Fault, that Person has Power to catch and bind the aforesaid Animals, and may also slightly beat them; if, without such Fault, any Person should catch and bind the aforesaid Animals, or beat them, the Magistrate, in that Case, shall hold him amenable.
Wherever Men of the Tribe of Sooder, and Husbandmen are very numerous, and where there is much Ground fit for Tillage, such Place is called Gram, or a Town.
A Place that hath Eight Cose in Length and Breadth, and on the Skirts of which, on all the Four Sides, is a Ditch, and above the Ditch, on all the Four Sides, a Wall or Parapet, and on all the Four Sides of it are Bamboos, and on the East or North Side thereof a hollow or covered Way, such Place is called Nigher, or a City: In the same Manner, if it hath Four Cose in Length and Breadth, it is called Kheet, or a small City; and if it hath Two Cose in Length and Breadth, it is called Gherbut, or a small City.
The Road for passing and repassing shall be at the Choice of the Inhabitants of a Town; but if a Man Possess only a small Lot of Ground, a small Parcel only of his Ground shall be included in the Road; and whoever has a large Parcel of Ground, a larger Share of his Ground shall be included in the Road.
On each of the Four Sides of a Town, they shall leave Four Hundred Cubits, and from thence commence their Tillage; and on each of the Four Sides of a City, they shall leave Sixteen-Hundred Cubits, and from thence commence their Tillage; and on each of the Four Sides of a small City, they shall leave Twelve Hundred Cubits, and from thence commence their Tillage; and on each of the Four Sides of a smaller City, they shall leave Eight Hundred Cubits, and from thence commence their Tillage; within this Space above specified, no Tillage shall be made: If a Person, having made any Cultivation, neglects to enclose it, and the Crop thereof should be eaten by the Cows, Buffaloes, and such Kind of Animals, the Owner of those Animals, and the Keeper of them, shall not be amenable: If any Person knowingly leaves his Cattle upon such Tillage, and so causes them to feed there, the Magistrate shall punish such a Person in the same Degree as a Thief.
If a Person cultivates Land adjoining to the Road, without enclosing such Land, and the Crop thereof be eaten by Cows, Buffaloes, Horses, Camels, Goats, Sheep, or any such Kind of Animals, the Owner and the Keeper of them shall not be amenable: If any Person knowingly causes his Cattle to feed upon the Crops, the Magistrate shall punish such a Person in the same Degree as a Thief.
During the Night, if a single Cow should get into any Person's Ground, and feed there, without Hinderance, in that Case, the Magistrate shall fine the Owner of the Cow Five Silver Coins; and if, during the Day, a single Cow hath eaten the Crop upon any Person's Ground, without Hinderance, the Magistrate shall fine the Owner of the Cow Six Silver Coins; Also, if, either during the Day or the Night, a single Cow should feed upon the Crop on any Person's Ground, without Hinderance, for the Space of Two Ghurries, the Magistrate shall fine the Owner of the Cow Two Silver Coins; and if the Cow was under the Care of a Keeper, at the Time of her feeding upon such Crop, the Keeper shall pay the Fine, and pay also to the Owner of the Land the Value of whatever Part of the Crop such Cow hath eaten.
If a Camel hath eaten of the Crop upon the Ground of any Person, the Magistrate shall fine the Owner of the Camel Twelve Silver Coins, and give the Value of such Crop to the Owner of the Land; if the Camel was under the Care of a Keeper, at the Time of eating the Crop upon a Person's Ground, in that Case, the Keeper shall make good the Suit of the Owner of the Ground, and shall also pay the Fine.
If a Horse or Buffalo hath eaten the Crop upon any Person's Ground, the Magistrate shall cause the Owner of the Land to pay the Crop, and shall also fine him Twenty Silver Coins; if the Horse or Buffalo was under the Care of a Keeper, at the Time of eating such Crop, the Owner of them has no Concern therein, the Keeper shall be held to make good both the Fine and the Crop.
If a Goat or a Sheep hath eaten of the Crop upon any Person's Ground, in that Case, the Magistrate shall cause the Owner of the Goat or Sheep to give such Crops to the Owner of the Ground, and shall fine him Four Silver Coins; if the Goat or Sheep was under Care of a Shepherd, at the Time of eating the Crop, in that Case, the Shepherd shall be held to make good both, the Fine and the Crop, the Owner has no Concern therein.
Exclusive of these Animals, whole Names have been above-mentioned, if any other Animal whatever hath eaten the Crop upon any Person's Ground, in that Case, the Magistrate shall cause the Proprietor of the Animal to pay the Crop to the Owner of the Ground, and shall fine him One Pun, Five Gundaes of Cowries; if that Animal was under the Care of a Keeper, the Keeper shall be held to make good both the Fine and the Crop, the Owner hath no Concern therein.
If the Foal of a Mare, or of a Camel, or of a Cow, or of a Buffalo, or of any other Animal, hath eaten the Crop on any Person's Ground, in that Case, the Magistrate shall cause the Owner of the Foal to make good the Crop to the Owner of the Ground, and shall fine him Two Silver Coins; if such Foal was under the Care of a Keeper, while it fed upon such Crop, the Keeper shall be held to make good both the Crop and the Fine, the Owner hath no Concern therein.
If a Cow, or a Buffalo, or a Horse, or a Camel, or any other Animal, hath eaten a great Quantity of the Crop on another Person's Ground, and hath staid there a long Time, without any Disturbance, in that Case, the Magistrate shall cause the Owner of the Animal to make good the Crop to the Owner of the Land, and shall fine him Double of the Rates of Fines already above specified; if the Animal was under the Care of a Keeper, during the Time of eating such Crop, the Keeper shall be held to make good both the Crop and the Fines, the Owner hath no Concern therein.
If a Cow, or Buffalo, or any other Animal, hath eaten the Crop upon any Person's Ground, and hath slept the whole Day, or the whole Night, upon that Ground, in that Case, the Magistrate shall cause the Owner of the Animal to make good the Crop to the Owner of the Ground, and shall fine him Quadruple of the Rates of Fines already above specified; if there was a Keeper, at the Time the Crop was eaten, that Keeper shall make good both the Crop and the Fine, the Owner hath no Concern therein.
If a Person causes any Animal belonging to himself to eat, in his own Sight, the Crop upon another Man's Ground, in that Case, the Magistrate shall cause him to make good the Crop to the Owner of the Ground, and shall punish him in the same Manner as a Thief.
If a Cow, or Buffalo, or a Horse, or a Camel, or any other Animal, being under the Care of a Keeper, hath eaten the Crop upon the Ground of any Person, in such a Manner that there is not any Crop upon that Ground, in that Case, the Magistrate shall fine the Keeper to the utmost of his Worth; if the Keeper is unable to pay a Fine, in that Case, the Magistrate shall take a Fine from the Owner, and shall chastise the Keeper, and shall cause the Crop to be made good to the Owner of the Ground.
If a Horse, or a Camel, or a Buffalo, or any other Animal belonging to any Person, hath eaten the Crop upon another Man's Ground, and this Man makes a Demand for his Crop, in that Case, that Person shall make good such Crop, and shall also give whatever Quantity of Grass may arise upon that Crop.
If a Cow hath eaten the Crop on any Man's Ground, it is not right for that Man to take an Equivalent of such Crop from the Owner of the Cow, if he takes the Equivalent, he is entitled to it, but it is nevertheless a Crime in him.
During the Time that a Keeper is tending Kine, Buffaloes, or such Kind of Animals, if at such Time he attends the Summons of the Magistrate, or is stricken by Lightning, or bitten by a Serpent, or falls down from a Tree, or is carried off by a Tiger, or becomes sick, during these, or any such Kind of Accidents, if the Kine, Buffaloes, or any other Animals, eat the Crop on any Person's Ground, in that Case, the Keeper shall not be amenable; Also, if, while the Owner himself was tending his Kine, Buffaloes, or other Animals, any such Accidents should happen to him, and the Animals aforesaid should eat the Crop on any Person's Ground, the Owner of the Animals shall not be amenable.
A Bull, to whom Cows are driven for leaping, in Expectation of their producing Calves, such Bull is called Beejeshukta; if such Bull eats the Crops upon any Person's Ground, the Owner or Keeper of the Bull shall not be amenable.
A Bull, upon whose Rump, at the Time of the Seradeh, or Festival of any Person, they make a Scar, and let him loose, such Bull goes wherever he chooses; no Person performs the Office of Keeper to such Bull; the Name of such Bull is Bereesocherg: If this Bull eats the Crop upon the Ground of any Person, the Owner of the Bull shall not be amenable.
If a Cow belonging to one Town hath been lost, or hath strayed to any other Town, and there eats the Crop upon the Ground of any Person, in that Case, the Owner and Keeper of the Cow shall not be amenable.
If a Cow, having brought forth a Calf, before the Elapse of Ten Days from the Time of her calving, should eat of the Crop upon the Ground of any Person, in that Case, the Owner and Keeper of the Cow shall not be amenable.
When a Cow, from her own Impulse and Inclination, is accompanying a Bull to be leaped by him, if, at such Time, the Cow aforesaid should eat of the Crop upon the Ground of any Person, in that Case, the Owner and Keeper of the Cow shall not be amenable.
If a Cow, or a Horse, or a Buffalo, or a Camel, or any other Animal, being blind or lame, should eat the Crop upon any Person's Ground, the Owner and Keeper of such Animals shall not be amenable.
If the Magistrate's Elephant, or the Magistrate's Horse, should eat the Crop upon the Ground of any Person, the Owner and the Keeper thereof shall not be amenable.
If a Weasel, or a Mouse, or a Rat, or any such Kind of small Animal, or a Mule, should eat of the Crop upon the Ground of any Person, the Owner and Keeper of these Animals shall not be amenable.
If a Cow without a Keeper, being frightened at feeing an Army, or by a Thunder Storm, or any other Accident, should run away, and eat the Crop upon the Ground of any Person, the Owner of that Cow shall not be amenable.
If a Man hath laid up Hay in a Garden, or any other Place, to feed his own Cattle, and another Person's Cow, or Buffalo, or any other Animal, should eat that Hay, or should eat the Crop upon any Man's Ground, or should go into any Man's House, or Garden, or tilled Land, upon such Fault, that Person has Power to catch and bind the aforesaid Animals, and may also slightly beat them; if, without such Fault, any Person should catch and bind the aforesaid Animals, or beat them, the Magistrate, in that Case, shall hold him amenable.