Hindu Law and Judicature | Page 7

after the other,[83] to investigate law-suits among men.
31. The monarch shall annul decisions of suits which have been brought about by force or fraud; also those made by women, those made at night, those made in private chambers, those made in a place beyond the limits,[84] and those made by enemies.
32. A suit instituted by one intoxicated, or insane, or stricken with disease,[85] or given up to vice,[86] or a minor, or one under the influence of fear, &c.,[87] or one having no interest, is invalid.
33. When lost property is found,[88] it shall be restored by the monarch to the owner: if the claimant fail to identify by some sign, he shall pay an equivalent fine.
34. If the monarch find a treasure,[89] he shall give half of it to the twice-born.[90] If, on the other hand, a twice-born [find a treasure], he shall, if learned, take the whole, for he is lord of all.[91]
35. Of treasure found by any one else,[92] the monarch shall take a sixth.[93] If the finder do not make report, but [his discovery] comes to light, he shall surrender [what he has found], and shall, besides, be punished.
36. Stolen property, however, is to be given up by the monarch to the subject; seeing that, if he do not give it, he shall bear all the sin of that person from whom [it is stolen].[94]
37. Where there is a pledge, the interest, month by month, shall be an eightieth part; otherwise, two, three, four or five parts, in a hundred, according to the order of cast.[95]
38. They however who travel in forests[96] give ten parts; they who go to sea, twenty parts, in a hundred. Or, all[97] must render to all, of whatever cast, the rate of interest settled amongst themselves.[98]
39. But for cattle and women lent [the return] is, their offspring: the highest encrease demandable for use of liquids[99] is eight-fold; for wearing apparel, for corn, and for gold, four-fold, three-fold and two-fold respectively.
40. The monarch should not blame one who enforces a recognised debt.[100] If he, against whom the debt is enforced, complain to the monarch, he may be punished, besides being compelled to pay the debt.
41. The debtor [as a general rule] shall be made to pay his creditors in the order in which he has received from them; but a br��hman he is to pay [first], and, after him, the monarch.
42. The debtor shall be made to pay to the monarch ten parts in a hundred of the sum proved against him;[101] and the creditor, when he has recovered his property, five parts.[102]
43. One of inferior cast,[103] who is without means, may be compelled to labour[104] in discharge of his debt; but a br��hman,[105] wanting means [to discharge his debt at once], shall pay gradually in proportion to what may come to him.
44. If one do not accept restitution of his property on loan when offered, it is to be delivered to some third party; from which time it ceases to carry interest.
45. A debt incurred by undivided kinsmen on account of the family shall be discharged by the heirs of the head of the family, should the latter die or leave the country.[106]
46. A woman has not to pay a debt incurred by her husband or by her son, nor a father the debt of his son; except such debts be incurred on account of the family: and it is the same with a husband [in respect of a debt] incurred by his wife.
47. A son has not to pay, in this world, his father's debt incurred for spirituous liquor,[107] or, for gratification of lust, or in gambling, nor a fine, nor what remains unpaid of a toll; nor [shall he make good] idle gifts.[108]
48. As to debts of wives of herdsmen, distillers, players, washermen and hunters, the husbands have to pay; because their maintenance depends upon their wives.
49. A debt acknowledged,[109] one incurred by her jointly with her husband, one incurred by herself [solely][110]--these must be paid by the wife; none other need be paid by her.
50. If a father have gone abroad, or died, or been subdued by calamity,[111] his debt shall be paid by his sons and grandsons;[112] on their denial,[113] the debt must be proved by witnesses.
51. He who takes the property of one who leaves no [capable][114] son, shall pay the debts; so, he who takes[115] the widow; also that son whose paternal estate no other has appropriated, [and who in such case shall always be deemed] fit to inherit property;[116] and if one die without any son, then, whosoever succeeds to the property.
52. To become surety, to be indebted, and to give evidence, is unlawful between brothers, between husband and wife, or between father and son; except, where they are separated in property.
53. Giving surety is