Hindu Law and Judicature | Page 6

year, month, half-month, day, names, cast, &c.,[47] being given.
7. The answer [of the defendant] to what he has heard [read] is then to be put in writing, in presence of him who made the first representation: and then the latter shall, at once, furnish a statement in writing of the proof to support what he has asserted.
8. This being established, he succeeds in his suit; otherwise, the reverse. Thus it appears, the procedure in law-suits has four steps.
9. Let not a counter-complaint be preferred until the [original] complaint is disposed of, nor let a third person [sue] him against whom a complaint is pending.[48] The statement of the cause of suit is not to be varied.[49]
10. [The defendant] may bring a counter-plaint for abusive language,[50] or personal trespass,[50] or for acts of atrocious violence.[51] On behalf of each party, a surety, competent to meet the result of the suit, shall be bound.
11. One against whom, after [a plea of] denial, judgment is given, shall pay the amount [adjudged to the plaintiff] together with an equal sum to the monarch.[52] One who has made a false complaint, shall forfeit double the amount of his claim.
12. In a case of atrocious violence, of theft, of reviling or personal trespass,[53] where a cow is the subject, or a [malicious] charge of crime,[54] or an offence destructive of life or property[54] where a female [of the household] is the subject--[in each of these cases] the Court shall compel the parties to go to trial forthwith. In other cases, a day may be appointed at pleasure.
13. One who moves from place to place,[55] who licks the corners of his mouth, whose forehead sweats, and whose countenance changes colour.
14. who with words from a dry throat, stammering, says much that is contradictory, who makes no response to word or look, who contracts the lips--
15. whosoever [in this wise] changes his natural manner, in the action of his mind, of his speech, and of his person, is to be set down as false in his complaint, or [if a witness] in his testimony.[56]
16. One who enforces by his own arbitrary act a claim which is denied, who absconds, or who does not respond when called--[each of these] is considered to have failed, and is amenable to punishment.[57]
17. Where there are [rival claims, and] witnesses on both sides, the witnesses of him who asserts the elder title, are to be [first] examined: if that title be admitted,[58] then the witnesses of him who claims by subsequent title [shall be examined].[59]
18. Should the suit be accompanied by a wager, [the Court] shall compel the losing party to pay the fine [prescribed],[60] as well as his wager and his debt to the creditor.
19. Let the monarch, rejecting subtleties, conduct the trial of suits upon the merits: even merits, in the absence of proof, must fail of success in the suit.
20. If one plead a denial to a representation including several matters,[61] and one part be proved against him, the monarch shall compel him to pay the whole amount claimed: but what has not been previously declared [by the plaintiff][62] is inadmissible.
21. If two texts of the Law be opposed to each other, an argument founded on usage is of force; but the Dharma S��stra is of greater force than the Artha S��stra.[63] This is a settled rule.
22. Legal proofs are described as, writing, possession, and witnesses.
In the absence of either of those, it is ordained, that some one of the ordeals is [to be resorted to.]
23. In all disputes where property is concerned, the last act is of greater force;[64] except in [cases of] pledge, gift,[65] and sale, when the first act is of greater force.[66]
24. If one see[67] his land in the possession of another[68] and say nothing, it is lost after twenty years; moveables after ten years:[69]
25. excepting pledges, boundary-limits, deposits with specification,[70] property of idiots and children, deposits without specification,[71] property of the monarch, of women, and of those learned in the Vedas.
26. One who appropriates[72] a pledge, &c., shall be compelled to restore to the owner his property, and to pay a fine of equal value, or according to his means,[73] to the monarch.
27. Acquisition by title[74] is stronger[75] than possession, unless this has come down from ancestors;[76] but acquisition by title is of no avail without possession for a short time.[77]
28. If one holding by title have it questioned [in a Court of justice], he must establish it by proof: but not so his son, nor his son's son; in their case, possession is of greater weight.
29. If one whose title is questioned die [pending the suit[78]], his heir must establish it by proof; in such case possession without title will not avail.[79]
30. Those appointed by the monarch,[80] communities,[81] guilds,[82] and families, have authority, one