id="FNanchor_45_45"/>[45]

4. Should the judges, from partiality, from love of gain, or from fear, act in anywise contrary to law or usage;[46] each one [so acting] shall be amerced in double the value of the suit.

5. When one who is aggrieved by others, in any way contrary to law or usage, makes a representation to the monarch; this is matter for a law-suit.

6. The representation, as made by the plaintiff, is to be put in writing, in presence of the defendant; the 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 Śástra is of greater force than the Artha Śástra.[63] This is a settled rule.

22. Legal proofs are described as, writing,