SECT. I. Of Theft open and concealed.
Theft is, when a Man takes away any Thing without the Sight and Knowledge of the Owner of it, or without the Sight and Knowledge of the Person to whom it was intruded, and afterwards says, "I have not taken such Article;" and this admits of Two Distinctions, open Theft, and concealed Theft. — Open Theft is, when a Man, having weighed and learnt the Weight of any Article, commits a Theft in that Weight, upon Delivery or the Article; as for Instance, a Goldsmith, or an Ironmonger, or a Grocer, or any such Person who deals by Weight; or a Physician, who, not giving to a diseased Person the Physick proper for his Disorder, administers such unsuitable Remedies, as that by them the Sickness of the Diseased becomes more violent, and who afterwards says, "This Man is seized with a most difficult Disorder," and, upon saying this, takes any Thing for his Physick; or any Person, who, by the Chances of the Dice, or by any other Games of the same unlawful Nature, takes away a Man's Property; or an Arbitrator, who receives a Bribe from either Plaintiff or Defendant; or, in a Case, where several Persons have been jointly employed upon One Business, if any One of them deceives all the rest, and appropriates ought to himself; or if a Person should say to another, "Some great Misfortune and Calamity is coming upon you, give me something, that I may make Offerings to Dewtah, to avert his Calamity from you," and afterwards should appropriate to himself the Article given, instead of making such Offerings therewith; or a Man, who, concealing the Fault of any blemished Commodity, sells it for the Price of an unblemished Article of the same Kind; or when a Man, by giving false Witness, takes away anothers Property; or a Man, who, by shewing Tricks with Conjurors and Jugglers, gets any Thing; or a Man, who, either by terrifying another, or by cajoling him, contrives to get any Thing from him: These are called open (or apparent) Thefts. Exclusive of these, all other Kinds of Theft, such as House-Breaking, and other various Schemes of Robbery, are called concealed Theft: Both these Kinds of Thieves, the Magistrate shall apprehend; and, having told to the People the Fact of the Theft, shall take a Fine from the Thief, to the Value of whatever Goods he hath stolen. Also, whoever associates with Thieves, or is found to have about him any Instruments for piercing through Walls, or other Implements of Robbery, or any Goods that have been stolen from any Person, such Persons shall be apprehended, convicted of Theft, and the Punishment of a Thief without fail be inflicted on them; for, by punishing Thieves, the Reputation of the Magistrate is extended, and the Tranquillity of the Kingdom secured.
SECT. II. Of the Fines for open Theft.
If a Man, in weighing any Article, hath by any Means with-held One Eighth of the Whole, the Magistrate shall fine him Two Hundred Puns of Cowries; if he hath thus with-held One Ninth, in that Case, out of the Two Hundred Puns of Cowries, One Eighth shall be deducted, and the other Seven Parts shall be taken as a Fine; if he hath committed a Theft of One Seventh, he shall be fined Two Hundred Puns of Cowries, and also One Eighth of that Sum in Addition; and if a Man, in computing, or in writing, or in the Price of any Article, or in any Mode of the same Kind, commits a Theft of One Eighth, the Magistrate shall fine him according to the aforesaid Rates; if he is frequently guilty of this Kind of Theft, he shall cut off the Hair of his Head;* [Loss of Cast.] and whoever has a Passion, or ruling Propensity to such Thefts, his Ear, or his Nose, or his Hand, or some such Limb shall be cut off; if a Person, giving to another any inconsiderable Article, in Exchange for it, by some Device or Deceit, procures an Article of Value, or if he takes at a low Price any Article that should be prized very high, if, by such Device and Deceit, he hath occasioned to the other a Loss of One Sixth, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries; if there is a Loss of One Fifth, or of a still greater Proportion the Magistrate shall fine him Five Hundred Puns of Cowries.
If a Man, proffering to sell Grain for Seed, should sell Grain which is not fit for Seed, the Magistrate shall chastise him, and take a Fine according to the Offence.
If a Man conceals the Faults of any blemished Commodity, or mixes good and bad Articles together, and sells them all as good, or refits any old Article, and sells it as new, the Magistrate shall cause him to give Double the Price of the Purchase to the Purchaser, and shall fine him in the original Price of the Purchase.
If a Man shews to another, the Butkarah, or his own Stone Weight, and, going from the Shop to any other Place, says, "This Stone is in Weight One Seer," whereas, in truth, the Stone weighs less than One Seer, and the other Person being ignorant of the Deficiency of Weight in the above-mentioned Stone, should sell any Goods in the Shop of that Man, by the Weight of that Stone, in that Case, the Magistrate shall fine that Man Eight Times the Price of the Commodity sold; and if he is frequently guilty, of that Crime, the Magistrate shall confiscate all his Goods.
Whoever Uses a Pair of false Scales, and adjusts them fraudulently, the Magistrate shall fine him One Thousand Puns of Cowries; whoever tries Gold and Silver, if he says, that, adulterated Gold or Silver is pure and fine, and gives it to any Man as such, or if he says of pure Gold or Silver, that, it is adulterated, and takes it as such, the Magistrate shall fine him One Thousand Puns of Cowries.
If the Magistrate's Counsellor gives Advice void of justice, or gains a Subsistence by constantly receiving Bribes, the Magistrate shall confiscate all the Possessions of such Persons, and banish them the Kingdom.
If a Physician, unskilled in the Art of Physick, causes any One to take a Medicine, or, if skilled in his Profession, he gives not to a sick Man the Remedy proper for his Disorder, in that Case, if he hath administered his Physick to a Man of a superior Cast, the Magistrate shall fine him One Thousand Puns of Cowries; if he hath given it to a Man of an inferior Cast, he shall fine him Five Hundred Puns of Cowries.
If a Man, by Device or Deceit, takes any Thing from a Person, who cannot distinguish between Good and Evil, the Magistrate shall fine him Five Hundred Puns of Cowries.
If a Man, ignorant of Astrology, tells the Magistrate of his own accord, that, some Calamity will happen to him, the Magistrate shall fine him, according to the Extent of his Fortune.
If a Washerman wears another Man's Cloaths, the Magistrate shall fine him Three Puns of Cowries.
If a Man sells White Copper, and Tutanague made to counterfeit Silver, the Magistrate shall break the Hand, Nose, and Teeth of such Person, and fine him One Thousand Pans of Cowries.
If a Man sells Silver, or any other Article made to counterfeit Gold, the Magistrate shall break his Hand, Nose and Teeth, and fine him One Thousand Puns of Cowries; if he is constantly guilty of such Practices, the Magistrate shall cut him into Pieces with a Razor.
If a Man sells any White Stone made to counterfeit a Jewel, or the Thread of Cotton made to counterfeit Silk, or common Fuel Wood made to counterfeit sandalwood, in selling such Counterfeits, whatever Price he has exacted, greater than the real Value of the Article, the Magistrate shall take Eight Times as much from him as a Fine.
If a Man sells Clay made to counterfeit Musk, or any other Articles, in selling it, whatever Price he has exacted, greater than the real Value of such Article, the Magistrate shall take Eight Times as much from him as a Fine; and whatever Price the Purchaser hath given, he shall receive it back again, and the Magistrate shall return to the Seller the Article sold.
If a Man sells any Article, by a nice Imitation and Counterfeit made to look like Pearls or Coral, whatever Price he hath received for such Article, the Magistrate shall return that Price to the Purchaser, and shall take Double of that Sum as a Fine, and the Seller shall receive back the Article sold.
Gold, which, on being burnt One whole Day and Night, loses Nothing of its Weight, is called pure Gold; when a Man shews such Gold to a Person well skilled in allaying that Metal, and requires his Opinion of that Gold, if that Man answers, that, the Gold in Question is not pure, in that Case, the Magistrate shall fine him according to his Means.
If One Hundred Tolechehs of Silver, upon being melted One whole Day and Night in the Fire, are but Two Tolochehs deficient, such Silver is called pure; when a Man shews some such Silver to a Person well skilled in assaying that Metal, and requires his Opinion of that Silver, if that Person answers, that, "The Silver in Question is not pure, the Deficiency will be greater than the customary Two Tolechehs" in that Case, the Magistrate shall fine him according to his Means.
If One Hundred Tolechehs of Arzeez (Tin) and Lead, upon being melted One whole Day and Night in the Fire, are but Eight Tolechehs deficient, such Arzeez and Lead are pure; when a Man shews some such Arzeez and Lead to a Person well skilled in assaying those Metals, and requires his Opinion thereon, if that Person answers, that, "This Arzeez and Lead are not pure, the Deficiency will be greater than that of the usual Eight Tolechehs" in that Case, the Magistrate shall fine him according to his Means.
If One Hundred Tolechehs of Copper, upon being melted One whole Day and Night in the Fire, are Five Tolechehs deficient, or One Hundred Maunds of Iron, upon being melted One whole Day and Night in the Fire, are Ten Maunds deficient, and a Man shews some such Copper and Iron to a Person well skilled in assaying those Metals, if that Person says, "This Copper and Iron are not pure," the Magistrate shall fine him according to his Means.
If a Man gives to be woven One Hundred Tolechehs Weight of coarse Cotton Thread, or of coarse Silk, upon being finished, its Weight shall be increased Ten Tolechehs; if he gives middling Thread, it shall be increased Five Tolechehs; if he gives fine Thread, it shall be increased Three Tolechehs; such Cloth, if a Man shews to a Person well skilled in judging these Matters, and that Person says less than the Weight herein above specified, the Magistrate shall fine him according to his Means.
SECT. III. Of the Fines for concealed Theft.
Whoever, by breaking through Walls, hath frequently stolen much Wealth, the Magistrate shall cause the Booty to be returned to the Owners, and shall cut off both the Hands of such Person, and crucify him.
Whoever robs on the Highway, the Magistrate shall cause a Rope to be tied about his Neck, and shall thus deprive him of Life.
A Thief, who, by plundering in his own Country, spoils the Province, the Magistrate shall confiscate his Goods, and crucify him; if he robs in another Kingdom, he shall not confiscate his possessions, but shall crucify him.
If a Man steals any Man of a superior Cast, the Magistrate shall bind the Grass Beena (a particular Species of Grass so called) round his Body, and burn him with Fire; if he steals a Woman of a superior Cast, the Magistrate shall cause him to be stretched out upon a hot Plate of Iron, and, having bound the Grass Beena round his Body, shall burn him in the Fire.
If a Person steals a Man or Woman of a middling Cast, the Magistrate shall cut off both his Hands and Feet, and Cast him out upon a Highway where Four Roads meet.
If a Person steals a Man of an inferior Cast, the Magistrate shall fine him One Thousand Puns of Cowries; if he steals a Woman of an inferior Cast, the Magistrate shall confiscate all his Property.
If a Man, in the Time of War, steals an Elephant or a Horse, the Magistrate shall deprive him of Life; if it is not in Time of War, he shall cut off from him One Hand and One Foot.
If a Man steals an Elephant or a Horse excellent in all Respects, the Magistrate shall cut off his Hand, and Foot, and Buttock, and deprive him of Life.
If a Man steals an Elephant or a Horse of small Account, the Magistrate shall cut off from him One Hand and One Foot.
If a Man steals a Camel or a Cow, the Magistrate shall cut off from him One Hand and One Foot.
If a Man steals a Goat or a Sheep, the Magistrate shall cut off One of his Hands.
If a Man steals any small Animal, exclusive of the Cat and the Weasel, the Magistrate shall cut off Half his Foot.
If a Man steals a greater Quantity than Ten Kombehs of Paddee, or Wheat, or Barley, or small Gram, or Doll, or Grain, or Mustard-Seed, or Kunjud, or any such Sorts of Grain, the Magistrate shall deprive him of Life.
The Mode of Computation of the Kombeh is this:
Three Tolechehs, Two Maushs and Eight Surcks make One Pul,
Four Puls -------- One Koodup,
Four Koodups --------One Perust,
Four Perusts -------- One Adhuk,
Four Adhuks -------- One Deroon,
Twenty Beroons -------- One Kombeh:
-- According to the Ordinations of Kulp-teroo.
Pacheshputtee Misr says, that,
Twelve Handfuls -------- One Koodup,
Four Koodups -------- One Perust,
Four Perusts -------- One Adhuk,
Four Adhuks -------- One Deroon,
Twenty Deroons -------- One Kombeh,
But, according to the Ordinations of Sewarteh Behtacharige, it is thus:
Eight Handfuls -------- One Koonchy,
Eight Koonchys -------- One Pooskul,
Four Pooskuls -------- One Adhuk,
Four Adhuks -------- One Deroon,
Twenty Deroons -------- One Kombeh.
* This is approved (or customary.)
If a Man steals a lesser Quantity than Ten Kombehs of Paddee, or Wheat, or Barley, or small Gram, or Doll, or Grain, or Mustard-Seed, or Kunjud, or any such Sorts of Grain, in that Case, the Magistrate shall take, as a Fine from the Thief, Eleven Times as much as the Quantity stolen, and return the Article stolen to the Owner.
If a Man deals from another Person's Granary as much Paddee, or Wheat, Or Barley, or small Gram, or Doll, or Grain, or Mustard-Seed, or Kunjud, or any such Kinds of Grain as may be computed to be a sufficient Burden for One Man to carry, in that Case, the Magistrate shall cause the aforesaid Grain to be returned to the Owner, and shall fine the Thief One Hundred Puns of Cowries.
If a Man steals from his Friend's Granary as much Grain as may be computed a sufficient Burden for One Man to carry, the Magistrate shall cause the aforesaid Grain to be returned to the Owner, and shall fine the Thief Fifty Puns of Cowries.
If a Man steals Grain that has been reaped, which has not yet been taken from the Straw, the Magistrate shall fine him Five Coins of Gold, and give back the aforesaid Grain to the Owner.
If a Man hath cultivated, by Shares, the Arable Land of any Person, and, for want of his proper Care and Custody, the Crop on that Ground should be stolen, in that Case, whatever Share of Produce of that Ground the Cultivator was to have received, the Magistrate shall fine him Ten Times as much, and shall cause to be given to the Owner of the Ground whatever was his proportionate Share; if it be stolen by the Fault of the Cultivator's Servant, he shall only pay Five Times as much for the Magistrate's Fine, but the Servant shall be held to make good the Fine.
If a Man steals Camphire, or round Pepper, or Cardamoms, or Nutmegs, or Cloves, or such Kind of Things which are weighed in smaller Scales, the Magistrate shall cause the Article stolen to be returned to the Owner, and shall fine the Thief Ten Times as much; if he steals of these Things more than the Value of Ten Rupees, the Magistrate shall deprive him of Life.
If a Man steals Gold, or Silver, or fine Cloth, to a greater Amount than One Hundred Rupees, the Magistrate shall deprive him of Life; if he steals to a less Amount than One Hundred Rupees, and to a greater Amount than Fifty Rupees, he shall cut off his Hand; if he steals less than the Value of Fifty Rupees, and more than that of Twenty-five Rupees, the Magistrate shall fine him Eleven Times as much; if he steals to a less Value than Twenty-five Rupees, the Magistrate shall chastise him, and cause the Article stolen to be returned to the Owner.
If a Man steals Jewels of a considerable Value, the Magistrate shall deprive him of Life; if they are of small Value, he shall fine him One Thousand Puns of Cowries, and give back the Jewels to the Owner.
If a Man, in the Season of cultivating Land, and of sowing Grain, steals a Plough, or any other Implement of Husbandry, the Magistrate shall cause such Implement to be returned to the Owner, and shall fine that Man One Hundred and Eight Puns of Cowries.
If a Man steals Turreh, that is to say Sagh, that is, Greens or Roots, such as Ginger, or Onions, or Turb, that is, Radishes, or any such Kind of Things, the Magistrate shall fine him One Hundred Puns of Cowries, and cause the Article stolen to be returned to the Owner.
If a Man steals Milk, or any Thing that is made of Milk, the Magistrate shall cause the Thing stolen to be returned to the Owner, and shall take Double of the Value for a Fine.
If a Man steals the Flowers called Maasiser, or Koosm, or such Kind of Flowers as are used in dying Cloths, or the Lutta Tree, or any other Shrub, the Magistrate shall cause the Article stolen to be returned to the Owner, and take Five Coins of Gold as a Fine.
If a Man steals Cane, or Bamboo, or any such Wood, which is hollow within, the Magistrate shall cause the Article stolen to be returned to the Owner, and take Double the Value thereof as a Fine.
If a Man steals Thread, or Cotton, or Cow Dung, or Hay, or Water, or Sugar, or Cane Tokeries (a Tokerie is a Basket made of Cane, wherein any Thing may be deposited) or Salt, or Earthen Pots, or Clay, or sand, or Dust, or Fish, or Birds, or bitter Oil, or Meal, or Honey, or Leather, or the Teeth or the Bones of Animals, or Spirituous Liquor, or Victuals, or Fruit, the Magistrate shall cause the Article stolen to be returned to the Owner, and shall fine the Thief in Double the Value.
If a Man hath been guilty of great Theft in these Articles, the Magistrate shall fine him Five Times the Value.
If a Man steals any Wood which has been prepared for any particular Purpose, or Stone, or Images of Clay of an excellent Shape, or a Basket of Beet (Beet is a Sort of Grass which has Prickles on its Back) the Magistrate shall cause the Commodity stolen to be returned to the Owner, and shall take Five Times as much for a Fine.
If a Man steals the Water of a Pool, or of a Bason, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries; and whatever Quantity of Water he hath stolen, he shall cause to be returned to the Owner.
If a Man, having stolen any Thing, affirms, that, he hath not stolen it, and the Fact is afterwards proved upon him, the Magistrate shall take from him a Fine of Four Times as much, and cause the Article stolen to be restored to the Owner.
If a Man steals One Wheel, or any other Part of the Furniture of a Hackery, the Magistrate, causing such Article to be returned to the Owner, shall fine the Thief Forty Puns of Cowries.
If a Man steals a Chuckreh (or smaller Sort of Hackery used for carrying Burdens) the Magistrate shall fine him One Hundred and Eighty Puns of Cowries.
If a Man steals the Fire of the Jugg, the Magistrate shall fine him One Hundred Puns of Cowries.
If a Man steals the Bucket and Rope that is at the Mouth of a Well, the Magistrate shall fine him One Masheh of Gold.
If a Man, with Intent to steal, should once open any Thing that is closed up, and should be caught in the Act, the Magistrate shall cut off his Finger; if he should thus open any Thing a Second Time, he shall cut off his Hand and Foot; if he opens any Thing the Third Time, he shall be put to Death.
If a Man, with Intent to steal, should bind up any Thing that is open, and be caught in the Act, the Magistrate shall cause him to be punished as a Thief.
If a Man steals any Flowers, or Fruits, or Wood, or Grass, belonging to a Bramin, the Magistrate shall cut off his Hand.
In Thefts, where the Magistrate would put to Death a Man of any other Cast, if the Offender be a Bramin, he shall not be put to Death.
If any Bramin, who is a Man of Property, and doth not study the Beids, should commit a Robbery that deserves Death, the Magistrate shall not put him to Death, but he shall confiscate all his Effects, and banish him from the Kingdom.
If any Bramin, who is poor, and who also neglects to study the Beids, should commit a Robbery that deserves Death, the Magistrate shall fasten a Chain to the Leg of such Bramin, and cause him to become a Slave for Life, and give him such a Subsistence, as that at all Events his Life may be preserved.
If a learned Bramin, whether rich or poor, commies a Robbery that deserves Death, the Magistrate shall confine him in Prison for Life.
If a Bramin of moderate Capacity, who is neither very learned, nor very ignorant, commits a Robbery that deserves Death, the Magistrate shall stamp the Mark of the Pudendum Muliebre upon his Forehead with a hot Iron, and banish him from the Kingdom.
Pudendum Muliebre
Etymology: From Latin pudendum (“a thing to be ashamed of”) + muliebre, neuter form of muliebris (“of a woman”). Noun: (dated) A woman's pudendum; her vulva; compare pudendum virile.
-- pudendum muliebre, by Wiktionary
If a Bramin of no Capacity, who is not firm in the Principles of his Cast, commits a Robbery that deserves Death, the Magistrate shall put out his Eyes.
If a Bramin, who every Day performs the Jugg, commits a Robbery that deserves Death, the Magistrate shall cut off the Hair of his Head.
If a Bramin, not having any Means of Subsistence, should at such Time steal merely as much as is necessary to support himself, the Magistrate shall not take any Fine from him, but shall cause him to make the Perashchut (or Expiation.)
Exclusive of the Articles above specified, if a Person steals any other Articles, the Magistrate shall fine him in the Price of such Article, whatever it may be.
SECT. IV. Of apprehending Thieves.
If a Man should find upon any Person Irons for breaking into Houses, or any other Implements of Robbery, he shall call him a Thief, and apprehend him.
If a Man sees another Person in Possession of Things not suitable to him, he shall suspect him to be a Thief.
A Man, who has no Income, and whose Expences are large, such Man shall be suspected for a Thief.
When a Person is suspected to be a Thief, he shall be asked in what Quarter his Habitation is, in what Kingdom, in what Town, in what Place, and of what Cast he is, and what his Name is? upon such Questions, if, in giving his Answer, he should change Colour, or his Voice should alter, or he be seized with a Trembling, and cannot speak with Ease, and satisfactorily, and prevaricates in his Account, and cannot prove his Habitation or his Cast to be what he affirms, and spends his Money always in criminal Expences, and holds an Intimacy with bad Men, and all this is proved, he shall be judged a Thief; if these Signs are not found upon him, he is not a Thief.
From a Place whence any Thing has been stolen, if they can trace the Footsteps of the Robbers to the House of any Persons, or if the Article stolen hath by little and little dropped in the Way, and may be traced to that Person's House, or if such stolen Goods be found upon any Person, he shall be called the Thief, and apprehended accordingly.
If the Footsteps of a Thief may be traced for some little Distance, or if the Article stolen hath dropped for a little Distance, and afterwards no farther Sign can be found, then, whatever Town is near the Place where these Signs have for a little Way extended, the Thief shall be judged to lurk in that Town; if there are Two Towns near that Spot, then the Thief shall be suspected to be in either of those Towns where there are most People who are capable of committing a Robbery, and whoever is taken up on Suspicion of the Robbery shall be obliged to take his Oath, or stand the Purrikeh (or Ordeal.)
If a Bramin, or a Chehteree, or a Bice, being on a Journey, should not have wherewithal to furnish his Expences upon the Road, and, for that Purpose, should take from the Lands of any Stranger Two Plants of Sugar Cane, or, Two Radishes, and eat them, in this Case, they are not to be taken for Robbers; and such Persons also are permitted to take as much as they can eat of the Fruit of such Trees as bear Fruit with Blossoms, and they may also take and eat the Roots of such Trees.
If a Man takes Wood from a Stranger's Trees, for the Purpose of performing the Jugg, he shall not be reckoned a Thief; and whoever takes Grass for an Offering to Cows, such Person also is not a Thief.
If a Bramin takes from the Land of a Stranger Wood for the Jugg, or Flowers, or the Grass Kowe (which is a particular Species of Grass) he shall not be taken for a Thief.
SECT. V. Of these Persons who are to he considered as Thieves.
If any Person, wearing the Braminical Thread, should receive any Thing from a Thief, knowing him to be such, for instructing him in any Science, such Bramin is to be considered like a Thief.
If any Person sets Fire to any Man's House, with Intent to steal any Thing from thence, such Person is to be considered as a Thief.
If a Man furnishes Victuals for a Thief, knowing him to be such, that Person also is to be considered as a Thief.
If a Man furnishes another with Irons for House-Breaking, and such other Implements for the Commission of Theft, he also is to be considered as a Thief.
If a Man furnishes a Place of Abode for a Thief, knowing him to be such, that Man also is to be considered as a Thief.
When a Thief has an Intention to steal any particular Article, if any Stranger acts in such a Manner as to give the Thief an Opportunity of stealing that Article, he also is to be considered as a Thief.
If any Man gives a Thief Instruments for the Commission of Theft, he also is to be considered as a Thief.
When a Thief goes to any Distance to commit a Robbery, if another Person, knowing him to be a Thief, furnishes him with Provisions for his Journey, he also is to be considered as a Thief: The Magistrate shall fine a Man, in any One of these Predicaments, One Thousand Puns of Cowries.
If a Person, who is able to apprehend Thieves, upon Discovery of a Thief, should not apprehend him, he also is to be considered as a Thief: The Magistrate shall inflict upon such Person Half the Punishment of a Thief.
He who conceals a stolen Article shall also be considered as a Thief: The Magistrate shall inflict upon such Person Half the Punishment of a Thief.
He who purchases a stolen Article, knowing it to be stolen, is also to be considered as a Thief: The Magistrate shall inflict upon such Person Half the Punishment of a Thief.
If a Magistrate has not sufficient Power to punish a Thief, and, in that Case, even gives him wherewithal to subsist, then it is no Fault of the Magistrate.
If a Person, who has been appointed by the Magistrate to take care of the Peace of the Country, does not properly execute his Office, he also is to be considered as a Thief: The Magistrate shall inflict upon such Person Half the Punishment of a Thief.
If a Person finds any stolen Commodity in the Hands of any Man upon the Road, and does not punish that Person to the utmost of his Power, the Magistrate shall banish such Person from the Kingdom.
SECT. VI. Of the Chokeydars (or Watchmen) making good Stolen Articles.
Whoever are appointed by the Magistrate, for the Protection of any City or Town, shall be held to protect such City or Town; if any Thing be stolen in such City or Town, and those Persons cannot produce the Thief, they shall make good the Article stolen.
If a Robbery is committed out of a City or Town, the Head Person of that City or Town shall make good the Theft; if the Theft is committed in the unfrequented Part of the Country, the Magistrate shall make it good; and afterwards the said Magistrate, having by Search detected the Thief, shall cause him to make good the Article stolen: If the Magistrate does not act thus, he is criminal; if he can take the Thief, he shall deliver him over to the Owner of the Article stolen.
If a Man, who hath lost a Number of Articles by Theft, should find any One of those Articles upon any Person, he shall oblige that Person to make good the whole; if the Owner of that Article says, "A great Number of other Things were stolen at the same Time with this," and the other Person says, "I took Nothing But this One Article," then this Person shall either take his Oath, or stand to the Purrikeh (Ordeal) and if the aforesaid Article was found in any Place, or was purchased, then, if he can produce the Person from whom it was purchased, there is no Claim upon the Person accused.
If the Guards and Watchmen find any stolen Articles upon a Thief, and do not know the Owner of those Articles, the Magistrate shall detain in safe Custody those Goods for One Year; if, within the Year, the Owner of the Goods should come and prove his Property therein, the Magistrate shall give up the Things to him; and if there is no Owner, he shall keep the Goods to himself.
-- According to the Ordinations of Pacheshputtee Misr.
If the Guards and Watchmen find any stolen Articles upon a Thief, and do not know the Owner of those Articles, the Magistrate shall detain the Goods in safe Custody for One Year; if, within the Year, the Owner of the Goods should not appear, he shall give One Quarter Share of the Goods to the Watchmen, and keep the remaining Three Quarters thereof to himself.
-- According to the Ordinations of Chendeesur: Approved (or customary)
If a Watchman hath found any stolen Goods, and a Person should say, "This Article is my Property," he shall then inquire of that Person, what Article it was that was stolen from him, and of what Kind it was, and of what Size or Quantity, and from what Place, and on what Day it was stolen? then, if that Person, according to each Question, can give in an Answer with Proof, the Magistrate shall give up the Article to him; if he cannot bring Proof, then, whatever was the Value of the Thing claimed, the Magistrate shall take so much from him as a Fine.