Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
The same [rule applies] to land kept for pasture. An ass and a camel
are [in this respect] the same as a female buffalo.
161. There shall be an indemnity for the owner of the field equal in
value to the corn destroyed.[249] The herdsmen shall receive a
beating, but the cattle-owner be punished by fine, as before
mentioned.
162. No guilt attaches[250] [to the cattle-owner,] if the field[251]
be close to the public road, or to the village pasture lands,[252] and
he do not intend [the trespass]; if he do intend it, then he incurs
punishment as a thief.
163. A bull, cattle permitted to be at large,[253] a cow that has
recently calved, estrays,[254] and the like,[255] having no keeper or
brought there by accident or by act of the monarch, shall be let go
free.[256]
164. The herdsman shall, at the close of the day, give back the
cattle, in the same manner[257] as they were delivered to him: if he
be in receipt of wages, he shall replace such as have, through his
negligence, died or been lost.[258]
165. If loss accrue by fault of the herdsman, he shall be fined
thirteen _paṇas_ and a half, and shall make good the loss to the
owner.
166. Pasture-ground shall be allotted for cattle, such as the
villagers agree upon, or in proportion to the whole area of land, or
as the monarch wills.
A twice-born man may, in every place, appropriate as his own, grass,
fuel, and flowers.[259]
167. There shall be a space of one hundred _dhanus_[260] between a
_gráma_,[261] and the [surrounding] fields, of two hundred for a
_karvaṭa_,[261] of four hundred for a _nagara_.[261]
168. A man may seize any thing, belonging to himself, which another
has sold.[262] The purchaser incurs blame, if [he have bought]
secretly: and, if [he bought] from a low man,[263] with secrecy, for
a small price, and at an unusual hour, he is [to be accounted] a
thief.
169. If one obtain property [which he afterwards discovers to have
been] lost or stolen, he should cause the taker[264] of it to be
secured: should time or the place not permit of this being done, he
must himself restore the property [to its owner].
170. Upon his producing the seller, he [the possessor,] is himself
cleared: the owner takes the property, the monarch the fine, and the
[defrauded] purchaser the value from the seller.
171. [A claim to] property [as] lost,[265] is to be supported by proof
of acquisition[266] or of user: [the claimant,] if he fail, shall pay
to the monarch one-fifth of the value [of the property] as a fine.
172. Whoever takes [back] from the hand of a stranger what has been
stolen or lost [from himself] without informing the monarch, shall pay
a fine of ninety six _paṇas_.[267]
173. When lost or stolen property has been recovered by customs
officers or by the local police, the owner may claim it until one year
has elapsed;[268] after that time it goes to the monarch.
Public-domain text, read in full here on John Shaqi.
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