Hindu Law and Judicature | Page 9

shall become his whom thou defeatest by falsehood![156]
76. That man who withholds his testimony, the monarch shall compel to pay, on the forty-sixth day, the entire debt, as well as a fine equivalent to a tenth of the amount.
77. The lowminded man who, although he has knowledge (of the facts), declines to give his testimony, is, in sin, on a par with false witnesses; so is he, in his punishment.
78. In case of conflicting testimony, what is stated by the majority (of the witnesses) must be credited; if the numbers be equal, then those of the witnesses who are of distinguished qualities[157] must be credited; if again, these are in contradiction, then the most distinguished shall be credited.[158]
79. That party (to the suit) whose assertion the witnesses have verified, succeeds; that one whose assertion the witnesses have disproved, is defeated.
80. Although proof has been given by witnesses, yet, if others of more distinguished qualities or in number twice as many give opposite testimony, the first witnesses should be held as false ones.
81. As well they who suborn as they who give false testimony are to be severally fined in double the value of the suit:[159] a br��hman, in such case, shall be banished.[160]
82. [The witness] who, after he has been addressed[161] [by the judge, yet] being blinded by passion, withholds his testimony,--he shall pay eight times the [ordinary] fine: in case of a br��hman, he shall suffer banishment.[162]
83. Should it happen that the testimony of a witness must occasion the death of a person, whatever the cast of the latter,--the witness shall, in such case, speak untruth.[163] For their purification [after giving such false testimony] the twice-born must make oblation to SARASWATI.[164]
84. If any settlement have been mutually come to [between debtor and creditor], a written instrument should be drawn up before witnesses, the first mention being of the creditor.
85. In it should be written the date, viz. year, month, half month, day, also the name, cast, family, the Veda-school, and father's name, of each party, &c.[165]
86. This being completed, the debtor shall subscribe with his signature [a declaration, as follows]:--"What is written above, I, the son of such an one, agree to."
87. Then the witnesses, all being equal in grade, shall, after their fathers' names, write, with their own hands respectively: "I, such an one, am a witness."
88. And the writer shall subscribe at the foot, as follows:--"This has been written, at the request of both parties, by me, such an one, the son of such an one."
89. An instrument, entirely in the handwriting of the party, is to be received as proof, although it be not witnessed, unless procured by violence or by fraud.[166]
90. Payment of a debt incurred upon a writing, is obligatory only upon the debtor, his son, and grand-son;[167] but a pledge shall remain in use so long as the debt is unpaid.
91. If the instrument be in a foreign country, be illegibly written, be destroyed, faded, stolen, mutilated, burned, or torn, [the Court] shall direct a new one to be made.
92. The authenticity of a written instrument which is doubtful, is to be ascertained by [comparison with other] documents in the handwriting of the party &c.,[168] by [enquiry into] the probability of its having been obtained,[169] and [the mode of] its preparation, by [observation of] any marks, by [enquiry of] the relation [in which the parties stand to each other], and how the matter came about.
93. As often as the debtor makes a payment, either he shall write an indorsement to that effect on the document, or the creditor shall give a receipt under his hand.
94. When the debt is paid, [the debtor] shall cause the document to be torn up, or shall have another prepared, viz. of discharge. If the debt was incurred before witnesses, its payment should also be before witnesses.[170]
95. The scales, fire, water, poison, the sacred draught--these are the ordeals for exculpation,[171] in case of grave accusations, if the accuser be prepared to pay a fine.
96. When it is agreed on; one of the parties shall perform [the ordeal], the other be in readiness to pay the fine. Even without a fine, there shall be trial by ordeal in case of treason or great crime.
97. [The accused,] being summoned, shall, after bathing at sunrise and fasting, be made to go through the several ordeals, in presence of the monarch and the br��hmans.
98. The scales are [the ordeal] for women, children, aged men, the blind, the lame, br��hmans, and those afflicted with disease. Fire or water, or the seven barleycorns' weight of poison are [the ordeal] for a S��dr��.
99. For a less value than a thousand panas, one shall not go through the ordeal of the [heated] iron plough-share, of poison, or of the scales: but in case of offence against