VIII. < ygjy jQjjg |.jju^ .

217. ^ Tet, whether he be sick or well, if the work
* stipulated be not performed hy another for him or by
' himself^ his whole wages are forfeited, though the' ^ work want but a little of being complete.
218. ^ This is the general rule concerning work un- ^ dertaken for wages or hire : next, I will fully declare ' the law concerning such men as break their pro-
* mises.
219. ^ The man, among the traders and other inha- ^ bit ants of a town or district, who breaks a promise ' through avarice, though he had taken an oath to ' perform it, let the king banish from his realm :
220. ^ Or, according to circumstances j let the judge, ' having arrested the promise-breaker, condemn him ^ to pay six nishcasy or four suvemas^ or one satamdna ' of silver, or all three if he deserve such a fine.
221. ^ Among all citizens, and in all classes, let a ^ just king observe this rule for imposing fiiles on men, ' who shall break their engagements.
222. ' A MAN, who has bought or sold any thing in ' this world, that has a fixed price j and is not perish- ^ able, as land or metals, and wishes to rescind the ^ contract, may give or take back such a thing within ^ ten dayS;
223. ' But, after ten days, he shall neither give nor
' take
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FBIVATE AND CRIMINAL. 257
r take it bade : the ^ver or the taker^ ewcept by con- chap. ^ wfi^ shall be fined by die king six hundred panas. ^^*
224. ^ The king himself shall take a fine of ninety- ^ six pmM9 from him^ who gives a blemished giri in ^ marriage for a reward^ without avowing her bleniish ;
225. ^ But the man^ who^ through malignity^ says ^ of a damsel^ that she is no vii^in^ shall be fined a ^ hundred panas, if he cannot prove her defilement.
226. ^ The holy nuptial texts are applied solely to ^ virgins^ and no where on earth to girls, who have lost ^ tiieir virginity; since those women are in general ^ excluded fmn legal ceremonies:
227. ^ The nuptial texts are a certain rule in regard ^ to wedlock, and the bridal contract is known by ^ the learned to be complete and irrevocable on the ^ seventh stqp of the married pair, hand in band, after ^ those texts have been pronounced.
228. ^ By this law, in all business whatever here ^ below, must the judge confine, within the path of ' rectitude, a person inclined to rescind his contract of ^ sale and purchase.
229. * I NOW will decide exactly, according to prin- ' ciples of law, the contests usually arising from the ^ fault of such as own herds of cattle, and of such ^ as are hired to keep them.
" 290. ^ By day the blame fisdls on the herdsman ; by ' idgfat on the owner, if the cattte be fed and kept in
2 L 'his
^x-
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258 ON JUDICATURE ; AND ON LAW,
CHAP. ( his own kou&e ; but^ if the place of tfaek food and vni. r custody be different^ the keeper incurs the blame.
231. ' That hired servant ^ whose wages are paid ' with milk^ may, with the assent of the oHmer, milk ^ the best cow out of ten: such are the wages of ^ herdsmen, unless they be paid in . a ^Bfferent mode*
232. ^ The herdsman himself shaU make good the ^ loss of a beast, which through his want of due care
* has strayed, has been destroyed by reptiles, or kil-
* led by dogs, or has died by falling into a pit;
233. ' But he shall not be compelled to make it ^ good, when robbers have carried it away, if, after ^ fresh proclamation and pursuit^ he give notice to his
• ^ master in a proper place and season.
234. ^ When cattle die, let him carry to his master ^ their ears, their hides, their taik, the skin below ' their navels, their tendons, and the liquor exuding
* from their foreheads : let him also point out their ^ limbs.
235. ^ A flock of goats or of sheep being attacked ' by wolves, and the keeper not going to repel the ^ attack, he shall be responsible for every one of ^ them^ which a wolf shall violently kill;
236. ' But, if any one of them, while they graze ' together near a wood, and the shepherd keeps them ^ in order, shall be suddenly killed by a wolf spring- ^ ^ng on it, he ^all not in that case be respon»ble.
237. ' On
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PIIIVATE AND CWMINAL. 259
237. ^ On all sides of a village or small town^ let chap. ^ a space be left for pasture, in breadth either four ^^i* ' hundred cubits, or three casts of a large stick; and
^ thrice that space round a city or considerable ^ town:
238. ^ Within that pasilure ground, if cattle do any ' damage to grain in a field untnclosed with a hedge, ^ the king shall not punish the herdsman.
239. ^ Let the owner of the field enclose it with a ^ not look; and let him stop every gap, through ^. which a dog or a boar could thrust his head.
240. ^ Should cattle, attended by a herdsmaiv do ' mischief near a highway^ in an enclosed field or ^ near the village, he shall be fined a hundred panw ; ^ but against cattle which have no keeper, let the ^ owner of the field secure it.
241. ' In other fields, the otcrn^ ojT cattle doing mis- ^ chief shall be fined one patia and a quarter; but, ' in all places, the valt^ of the damaged grain must ^ be paid: such is the fixed rule concerning a hus- ^ bandman.
242. ^ For damage by a cow before ten days have ^ passed since her calving, by bulls kept for impreg- ^ nation, and by cattle consecrated to the deity, ^ whether attended or unattended, Mbnu has ordained ^ no fine.
243. ' If land be injured, by the fault of the farmer
2 L 2 ' hunself,
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W^ ON JUOiCATjDRE I Aift> ON LAW,
CHAP. ' himself^ ag if he faih to saw it in due time, he dull
^'^'- ' be fined ten times as mufih as the kin^s share of
^ the eropj that might otherwise have been raised; but
^ only five times as much^ if it was tbe fault of bis
^ servants without his knowledge*
244« ^ Hiese rules let a just prince observe in all ^ cases of transgressicm by masters^ their cattle^ and ^ their herdsmen.
245- ^ If a contest arise between two viHages^ or ^ landholders, concerning a boundary^ let the king^ or ^ his Judge ascertain the limits in the month of ^ Jyaishfha^ when the landmarks are seen more dis- * tinctly.
246. ^ When boundaries frst are established, let strong ^ trees be planted on them^ Vatasy Pippalas, Paldsas, ^ Sdlmalis, Sdlas or Tdlas; or such trees (Jike the Udum- ' bara or Vajradru) as abound in milk;
247. * Or clustering shrubs^ or Vinus of different ^ sorts, or iSamZ-trees^ and creepers^ or Saras, and ^ clumps of Cubjacas: and mounds of earth should be ^ raised on them, so that the landmark may not ' easily perish:
248. ' Lakes and wells, pools and streams, ought ^ also to be made on the common limits^ and tem- ^ pies dedicated to the gods.
249. ^ The persons concerned, reflecting on the per- ^ petual trespasses committed by men here below
^ through
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PmiViLTB AMD OaafZNAL* 261
' landmarks to be concealed under ground:
250. ^ Large {ueces of stone, bones, tails of cows, ' bran, ashes, potsherds, dried cow-dung, brides and ' tiles, charcoal, pebbles, and sand,
251. ^ And substances of all sorts, which the earth
* corrodes not evten in a long time, should be placed ' in j(trs not appearing above ground on the common
* boimdary.
252. ' By such marks, or by the course of a stream, ' and long continued possession, the judge may ascer- ^ tain the limit between the lands of two parties in ' litigation.
253. ^ Should there be a doubt, even on the in- ^ spection of those marks, recourse must be had^ for ^ the decision of such a ccmtest, to the declarations ^ of witnesses.
254. ^ Those witnesses must be examined concern- ^ ing the landmarks, in the presence of all the towns- ^ men or villagers, or of both the contending parties:
255. ^ What the witnesses, thus assembled and in- ^ terrogated, shall positively declare concerning the ' limits^ must be recorded in writing, together with
* all their names.
366. ^ Let them^ puttii^ earth on their heads, wear- ' ing cha];dets of red flowers and olad in red mantles, ^ be sworn by the rewcard of all their several good
^ actions,^
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262 ON JUDICATUBE $ AND ON LAW,
CHAP. v«^- ' and bounds*
257. ^ Veracious witnesses^ who give evidence as ' the law requires^ are absolved from their sins; but ^ such^ as give it uiyustly, shall each be fined two ^ hundred panas.
258. ^ If there be no witnesses, let four men, who ' dwell on all the four sides of the two villages, makie ^ a decision concerning the boundary, being duly pre-
• * pared, like the witnesses^ in the presence of the ' king.
259. ^ If there be no such neighbours on all sides, ^ nor any men, whose ancestors had lived there since ^ the villages were built, nor other inhabitants of ^ towns, who can give evidence on the limits, the ^ judge must examine the following men, who inhabit
* the woods ;
260. ^ Hunters, fowlers, herdsmen, fishers, diggers ^ for roots, catchers of snakes, gleaners, and other
* foresters :
261. * According to their declaration, when they are ' duly examined, let the king with precision order ^ landmarks to be fixed on the boundary line between ' the two villages.
262. ^ As to the bounds of arable fields, wells or ^ pools, gardens and houses, the testimony of next ' neighbours on every side must be considered as die ^ best means of decision:
263. ' Should
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PRIVATE AND CRIMINAL. 263
263. * ShcHiId the neighbours say any thing untroe, chap. ^ when two men dispute about a landmark^ the king
^ shall make each of those witnesses pay the middle- ^ most of the three usual amercements.
264. ' He^ who^ by means of intimidation^ shall pos- ' sess himself of a house^ a pool^ a fields or a garden, ^ shall be fined five hundred panas; but only two ^ hundred, if he trespassed through ignorance of the
* right
265. ^ If the boundary cannot be otherwise ascer- ^ tained, let the king, knowing what is just, that is, ' without partiality J and consulting the future benefit ^ of both parties, make a bound*line between their ' lands : this is a settled law.
266. * Thus has the rule been propounded for deci-
* sions concerning landmarks : I, next, will declare the
* law concerning defamatory words.
267. ' A soLDiBR, defaming a priest, shall be fined 'a hunched panas; a merchant, tkas offending y an ' hundred and fifty, or two hundred; but, for such ^ an offence^ a mechanick or servile man shall be
* whipped.
268. ^ A prieirt shall be fined fifty,* if he slander a
* soldier ; twenty-five, if a merchant ; and twelve, if he ^ slander a man of the servile class.
269. * For abusing one of the same class, a twice- ' bom man
' dry
"^ See Note on Book Vm.vene26&
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264 ON JUDICATURE; AND ON LAW,
CHAP, t ^ry not to be uttered^ even that and every fine shall
* he doubled.
270. ^ A once-born man, who insults the twice-born ' with gross invectives, ought to have his tongue slit; ^ for he sprang from the lowest part of Brahma' :
271. ^ If he mention their names and classes with ^ contumely, as if he say " Oh DeVadatta, thou ^ refuse of Brdhmens,'' an, iron style, ten fingers long, ^ shall be thrust red hot into his mouth.
272. ^ Should he, through pride, give instruction to ^ priests concerning their duty, let the king order ^ some hot oil to be dropped into his mouth and his
* ear.
273. ^ He, who falsely denies, through insolence^ the ^ sacred knowledge, the country, the class, or the ^ corporeal investitxu^e of a man equal in ranky shall ^ be compelled to pay a fine of two hundred panas.
274. ^ If a man call another blind with one eye, or ^ lame, or defective in any similar way, he shall pay ^ the small fine of one pana^ even though he speak. ' truth.
275. ^ He shall be fined a hundred, who de&mes ^ his mother, his father^ his wife, his brother, his son,
* or his preceptor; and he, who gives not his precep- ^ tor the way.
276. ^ For mutual abuse by a priest and a soldiw, ^ this fine must be imposed by a learned king; the
^ lowest
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PRIVATE AND CRIMINAL. 266
^ lowest amercement on the priest, and the middle* chap. ' most on the soldier. ^^'"
277. ^ Such exactly, as be/ore-meniionedy must be ' the punishment of a merchant and a mechanick, in ^ respect of their several classes, except the slitting
* of the tongue : this is a fixed rule of punishment.
278. * Thus fully has the law been declared for the ^ punishment of defamatory speech : I will, next, pro- ^ pound the established law concerning assault and ' battery.
279. * With whatever member a low-born man shall
* assault or hurt a superiour, even that member of ^ his must be slit, or cut more or less in proportion to
* the injury : this is an ordinance of Menu.
280. ^ He, who raises his hand or a staff against ano- ^ ther, shall have his hand cut; and he, who kicks
another in wrath, shall have an incision made in his ' foot.
281. ^ A man of the lowest class, who shall inso- ^ lently place himself on the same seat with one of ' the highest, shall either be banished with a mark ^ on his hinder parts, or the king shall cause a gash ^ to be made on his buttock :
282. ^ Should he spit on him through pride, the ^ king shall order both his lips to be gashed ; should ^ he urine on him, his penis ; should he break wind ^ against him, his anus.
283. * If he seize the Brdhmen by the locks, or by
2m 'the
vv
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266 ON JUDICATURE; AND ON LAW,
CHAP, t the feet, or by the beard, or by the throat, or by ^ the scrotum, let the king without hesitation cause ' incisions to be made in his hands.
284. ^ If any man scratch the skin of his equal in
^ clcLSSy or fetch blood from him, he shall be fined a
^ ^ hundred panas; if he wound a muscle, six nishcas;
^ but, if he break a bone, let him be instantly ba-
' nished.
285- ^ According to the use and value of all great ^ trees, must a fine be set for injuring them : this is ^ an established rule.
286. * If a blow, attended with much pain, be given ' either to human creatures or cattle, the king shall ^ inflict on the striker a punishment as heavy as the ^ presumed suflfering.
287. ^ In all cases of hurting a limb, wounding, or 4^ ' fetching blood, the assailant shall pay the expence
^ of a perfect cure ; or, an his failure^ both full da- ' mages and a fine to the same amount.
288. ^ He, who injures the goods of another, whe- ' ' ther acquainted or unacquainted with the owner of
' them, shall give satisfaction to the owner, and pay ^ a fine to the king equal to the damage.
289. * K injury be done to leather or to leathern ' bags, or to utensils made of wood or clay, the fine ' shall be five times their value.
290. ^ The wise reckon ten occasions, in r^ard to
' a carriage
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PRIVATE AND CRIMINAL. 267
* a carriage^ its driver, and ite owner, oh which the chap. ^ fine IB remitted ; on other occasions a fine is ordained ^^^* ^ by law :
291. ^ The nose-cord or bridle being cut, by some ^ accident without negligence^ or the yoke being snap- ^ ped, on a sudden overturn, or running against any ^ thing without faulty the axle being broken, or the ^ wheel cracked;
292. ' On the Inreaking of the thongs, of the halter, ' or of the reins, and when the driver has called aloud ^ to make way, on these occasions has Menu declared ^ that no fine shall be set:
293. * But, where a carriage has been overturned
* by the unskilfulness of the driver, there, in the ' case of any hurt, the master shall be fined two ^ hundred pana^.
294. ^ If the driver be skilful, but negligenty the ^ driver alone shall be fined ; and those in the carriage ^ shall be fined each a hundred, if the driver be ^ clearly unskilful.
295. * Should a driver, being met in the way by ^ another carriage or by cattle, kill any animal by his ^ negligence^ a fine shall, without doubt, be imposed
* by the following rule :
296. ' For killing a man, a fine, equal to that for ^ theft, shall be instantly set; half that amount, for ^ large brute animals, as for a bull or cow, an ele- ' phant, a camel, or a horse;
2 M 2 297. ' For
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268 ON JUDICATURE; AND ON LAW,
CHAP. 297. ^ For killing very young cattle, the fine shall