قراءة كتاب Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya

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Hindu Law and Judicature
from the Dharma-Sástra of Yájnavalkya

Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya

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دار النشر: Project Gutenberg
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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 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,

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