Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
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, 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]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account