Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
260. [A joint trader] who occasions loss [to the partnership] by
[engaging in] something which his partner has either prohibited or not
sanctioned, or by any negligence, shall make it good: if [on the other
hand by his personal exertion] he preserve anything [of the
partnership property] from loss, he shall have the tenth of it.[347]
261. The monarch, for fixing the prices, should receive a duty of a
twentieth.[348]
If an article of which the sale is prohibited, or one fitting for the
monarch[349] [to possess], be sold [without the royal license], it
shall be forfeited to the Crown.[350]
262. Whoever declares false weight, or avoids the place where custom
is levied, shall be made to pay eight-fold; so he who fraudulently
buys or sells.[351]
263. A ferryman levying [toll as though for] land-duties, shall be
made to pay a fine of ten _paṇas_.[352]
The same fine is ordained for omission to send invitations to
bráhmaṇs of the neighbourhood.[353]
264. On the death of one departed to a foreign country, his male
offspring, his maternal kindred, or those more remotely related, shall
take the property: in their default, the monarch [succeeds].
265. Let the partners of a man who acts dishonestly exclude him from
any share of the profits. Let him who is disabled [to act personally
in the partnership business] act by the agency of another. Thus too it
is enjoined for [associations of] priests[354] farmers, and craftsmen.
266. Capture of a thief by the officer is warranted by [his possession
of] the property stolen, or by traces of him, also by his having been
an offender previously, or his being an inmate of a house of ill
repute.
267. And others there are who may be arrested on suspicion, _viz._,
such as conceal their caste, name, &c., also those addicted to
gambling, to women, and to drinking, and such as have [betrayed
themselves by] a parched mouth in speaking, or a stammering voice;
268. those, moreover, who are inquisitive about others' goods and
houses, or who put on a disguise, or who expend [lavishly] although
they have no [ostensible] income, or who sell things that have been in
use.
269. If one arrested on suspicion of theft do not clear himself, he is
to be punished as a thief, being first compelled to make good the
property stolen.
270. [The monarch] should compel the thief to make restitution of the
stolen articles, and subject him to [such of] the different corporeal
inflictions [as may be proper]: a bráhmaṇ [who is a thief] he shall
brand and banish the realm.
271. When a murder or theft has occurred, and [the criminal] is not
traced beyond the village, blame falls on the village governor; if [he
be traced] to the public road, blame falls on the governor of the
district; if traced out of the district, the officer charged with
pursuit of criminals shall be to blame.
Public-domain text, read in full here on John Shaqi.
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