The Minor Law Books (SBE33): Fragments of B<I>ri</I>haspati: VI. The Judgment

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The Minor Law Books (SBE33), by Julius Jolly, [1889], at sacred-texts.com

VI. THE JUDGMENT.

1. 1 He is said to have gained his cause in this world who has proved his claim, and has been honourably dismissed by the chief judge and the other judges, and received a document recording his victory.

2. 2 Punishment corresponding to the nature of the offence shall be ordained there (in the decree).

p. 298

3. 3 Whatever has been transacted in a suit, the plaint, answer, and so forth, as well as the gist of the trial, should be noted completely in the document recording the success (of the claimant or defendant).

4. When the king gives the victorious party a document recording the plaint, answer, and trial, and closing with the sentence, it is called a document recording the success (of either party).

5. 5 When a man does not feel satisfied with a decision passed by meetings of kindred or other (resorts for the redress of wrongs), the king should revise the decision declared by them, and institute a fresh trial, if it should prove unjust.

6. After having considered the matter in common with many Brahmans well versed in science, he should punish the wicked men, who were acting as judges in the former trial, together with the victorious party.

7. 7 One appointed by his master to look after his expenses and to superintend (transactions regarding) tillage, loans, and trade, is called a manager.

8. Whatever has been transacted by him is valid, whether relating to receipt, non-receipt, expenses or . income, and whether it may have been transacted at home or abroad. The master must not annul such transactions as these.

Footnotes

297:17 17, 18. Vîram. p. 110.

297:1 VI, 1. Raghunandana, p. 60.

297:2 Vîram. p. 124.

298:3 3, 4. Raghunandana, p. 60. I read pûrvottarakriyâyuktam in 4.

298:5 5, 6. Vîram. p. 123.

298:7 7, 8. Vîram. p. 127. Read in 7, krishikusîdavânigye. These two texts relate to the subject of valid and invalid transactions, which is generally discussed along with the rules of judicial procedure, and with the onus probandi and judgment in particular. They might also have been inserted in the chapter on Master and Servant.

Next: VII. Witnesses

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