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CHAP.
VIII.

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27. THE property of a student and of an infant, whether by descent or otherwise, let the king hold in his custody, until the owner shall have ended his studentship, or until his infancy shall have ceased in his sixteenth year.

28. Equal care must be taken of barren women, ' of women without sons, whose husbands have married other wives, of women without kindred, or whose husbands are in distant places, of widows true to 'their lords, and of women afflicted with illness.

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29. Such kinsmen, as, by any pretence, appropriate the fortunes of women during their lives, a just king must punish with the severity due to thieves.

30. Three years let the king detain the property

' of which no owner appears, after a distinct proclamation: the owner, appearing within the three years, may take it; but, after that term, the king may 'confiscate it.

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31. He, who says

"This is mine," must be duly ' examined; and if, before he inspect it, he declare its form, number, and other circumstances, the owner 'must have his property;

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32. But if he show not at what place and time it was lost, and specify not its colour, shape, and ' dimensions, he ought to be amerced:

33. The king may take a sixth part of the property so detained by him, or a tenth, or a twelfth, remembering the duty of good kings.

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34.

VIII.

Property lost by one man, and found by ano- CHAP. ther, let the king secure, by committing it to the care of trust-worthy men; and those, whom he shall 'convict of stealing it, let him cause to be trampled on by an elephant.

35. 'From the man, who shall say with truth, "This property, which has been kept, belongs to me," the king may take a sixth or twelfth part, for having secured it;

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36. But he, who shall say so falsely, may be fined ' either an eighth part of his own property, or else ' in some small proportion to the value of the goods falsely claimed, a just calculation having been made.

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37. A learned Bráhmen, having found a treasure
formerly hidden, may take it without any deduction;
since he is the lord of all;

38. But of a treasure anciently
treasure anciently reposited under
ground, which any other subject or the king has dis-
covered, the king may lay up half in his treasury,
having given half to the Bráhmens.

39. Of old hoards, and precious minerals in the earth, the king is entitled to half by reason of his general protection, and because he is the lord para'mount of the soil.

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40. To men of all classes, the king must restore 'their property, which robbers have seized; since a king, who takes it for himself, incurs the guilt of a robber.

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CHAP.

VIII.

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41. A king, who knows the revealed law, must enquire into the particular laws of classes, the laws or usages of districts, the customs of traders, and 'the rules of certain families, and establish their pe'culiar laws, if they be not repugnant to the law of • God;

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42. Since all men, who mind their own customary

ways of proceeding, and are fixed in the discharge ' of their several duties, become united by affection ' with the people at large, even though they dwell far · asunder.

43. Neither the king himself nor his officers must ever promote litigation; nor ever neglect a law-suit 'instituted by others.

44. As a hunter traces the lair of a wounded beast by the drops of blood; thus let a king investigate the true point of justice by deliberate arguments :

45. Let him fully consider the nature of truth, the 'state of the case, and his own person; and next, 'the witnesses, the place, the mode, and the time; firmly adhering to all the rules of practice:

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46. What has been practised by good men and by

• virtuous Bráhmens, if it be not inconsistent with the legal customs of provinces or districts, of classes and families, let him establish.

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47. WHEN a creditor sues before him for the reco

very of his right from a debtor, let him cause the 'debtor to pay what the creditor shall prove due.

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48. By whatever lawful means a creditor may have CHAP. gotten possession of his own property, let the king ratify such payment by the debtor, though obtained even by compulsory means.

VIII.

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49. By the mediation of friends, by suit in court,

by artful management, or by distress, a creditor may 6 recover the property lent; and, fifthly, by legal 'force.

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50. That creditor, who recovers his right from his debtor, must not be rebuked by the king for retaking his own property.

51. In a suit for a debt, which the defendant denies, let him award payment to the creditor of what, by good evidence, he shall prove due, and exact a ' small fine, according to the circumstances of the deb

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52. On the denial of a debt, which the defendant ' has in court been required to pay, the plaintiff must 'call a witness who was present at the place of the loan, or produce other evidence, as a note and the ' like.

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53. The plaintiff, who calls a witness not present at the place, where the contract was made, or, having knowingly called him, disclaims him as his witness; or who perceives not, that he asserts confused and 'contradictory facts;

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54. Or who, having stated what he designs to prove, varies afterwards from his case; or who, being

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CHAP.
VIII.

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questioned on a fact, which he had before admitted,
refuses to acknowledge that very fact;

55. Or who has conversed with the witnesses in a
place unfit for such conversation; or who declines
answering a question properly put;
properly put; or who departs
from the court;

56. Or who, being ordered to speak, stands mute;

or who proves not what he has alledged; or who 'knows not what is capable or incapable of proof; such a plaintiff shall fail in that suit.

57. Him who has said "I have witnesses," and,

being told to produce them, produces them not, the

judge must on this account declare nonsuited.

58. If the plaintiff delay to put in his plaint, he 6 may, according to the nature of the case, be corporally punished or justly amerced; and, if the defen'dant plead not within three fortnights, he is by law ⚫ condemned.

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59. In the double of that sum, which the defendant falsely denies, or on which the complainant falsely ' declares, shall those two men, wilfully offending against justice, be fined by the king.

60. When a man has been brought into court by

a suitor for property, and, being called on to answer,

' denies the debt, the cause should be decided by the • Bráhmen who represents the king, having heard 'three witnesses at least.

61. WHAT

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