Hindu Law and Judicature | Page 8

enjoined for appearance, for confidence,[117] and for payment.[118] If there be a failure of either of the first two, the surety [himself] in each case shall pay; of the third, his sons [also] must pay.
54. If surety for appearance or for confidence die, the sons have not to pay; of a surety for payment, the sons have to pay.[119]
55. If there are several sureties, they shall pay the debt according to their respective liabilities: if all have undertaken for the entire debt,[120] they shall [severally be made to] pay at the option of the creditor.
56. If a surety be compelled by process of law[121] to discharge the debt, the [principal] debtors shall reimburse him double the amount paid.
57. For [use of] women and cattle, the offspring shall be given: for corn, [a return of] three fold; for apparel, four fold; for liquids, eight fold.
58. [The owner's property in] a pledge is forfeited if it be not redeemed when the debt is doubled; of one made for a definite period, it is forfeited at the specified date. [The property in] a pledge with usufruct[122] does not become forfeit.
59. If a [simple] pledge be put to use, no interest is [demandable]: so it is if a pledge with usufruct be damaged. If the pledge be wholly spoiled or be destroyed, it must be replaced; except where caused by accident,[123] or by the monarch.[124]
60. A pledge is complete upon acceptance.[125] If the thing pledged have become worthless, although [duly] cared for, either another shall be given [in its place], or the creditor shall receive back his money.
61. If a pledge be [given or taken, in reliance] upon character,[126] the debtor shall be made to pay with interest: the debtor shall be made to repay two-fold, if he received on his plighted word.[127]
62. If one come [and pay his debt], the pledge shall be released; otherwise he [who has the pledge] is a thief:[128] should the creditor be absent, the debtor is to receive back his pledge upon paying the debt to the family;[129]
63. Or it may remain where it was, without interest [on the debt], the value at that date [of the thing pledged] being ascertained. If the debtor fail to come, the creditor may sell [the pledge] before witnesses.
64. If the debt secured by pledge have become doubled, the pledge shall be released; provided, the [value of the] usufruct of the thing pledged be double [the amount of] the loan.[130]
65. Upanidhi is something in a box delivered to the hands of another, without a declaration. This shall be restored in the same manner [as it was given].[131]
66. But one shall not be compelled to make good that of which he has been deprived by the monarch, by accident, or by thieves.[132] When the loss occurs after demand has been made, and the deposit not returned, the depositee is to make it good and to pay a fine of equal value.
67. Whoever of his own accord uses [this description of deposit] shall be fined, and must restore it, together with the profit made.
The same rule applies to things borrowed[133] [for a special occasion], also to what is delivered for the purpose of being restored to the owner,[134] also to what is deposited [in the absence of the head, with the other members of the family],[135] also to the deposits called nikshepa,[136] and the like.[137]
68. Those proper to be witnesses are, religious devotees,[138] they who bestow liberally, the wellborn, they who speak truth, they whose chief aim it is to be virtuous,[139] they who are strait in their conduct, they who have sons, and the wealthy.[140]
69. There should be at least three witnesses, such as observe the rites prescribed by the Sruti and the Smriti, and are of a class, whether mixed or unmixed,[141] corresponding [with that of the person who produces them]: otherwise,[142] any person may be a witness for any person.
70. Women, minors, aged men,[143] gamblers, persons intoxicated, madmen,[144] persons under suspicion of crime, stageplayers, infidels,[145] forgers, persons who are deprived of any sense,
71. heinous offenders,[146] intimate friends,[147] parties interested [in the suit], confederates, enemies [to either party], thieves, violent characters, the openly wicked,[148] persons cast off [by their friends and kin], and such like,[149] are inadmissible as witnesses.
72. Even one person,[150] being an intelligent follower of ritual duties,[151] may, with the consent of both parties, be witness [sufficient].
All are admissible[152] as witnesses in cases of rape, theft[153] defamation and personal trespass.[154]
73. The judge shall thus address the witnesses, as they come up to the plaintiff and defendant:
The worlds appointed for criminals, for atrocious criminals;[155]
74. the worlds appointed for incendiaries, for murderers of women and children--all these shall be the portion of him who gives false testimony!
75. Know, that whatever good has been done by thee in a hundred former births, all