[Footnote 120: metaphorically in the original "If all stand under the same shade:" The Commentator explains.] [Footnote 121: lit. "publicly."] [Footnote 122: as of a field, garden, &c. (_M._) Manu, ch. 8, sl. 143.] [Footnote 123: fire, water, &c. (_M._)] [Footnote 124: The Commentator excludes from this exception a culpable act of the monarch, but the text is general.] [Footnote 125: Even though there be a written memorial of the pledge, and attested; yet, without actual acceptance and possession, it is incomplete. (_M._)] [Footnote 126: _charitrabandhakam. charitra_ (the mode or the subject of pledge) is defined by the Commentator to be either, moral worth, or, the merit earned by performance of religious rites, such as ablution in the Ganges, &c. We have rendered it as the mode, not subject, of pledge. See Jagannát'ha's Digest (Colebrooke), Bk. 1, ch. 3, sec. 2, text cxxiv.] [Footnote 127: Receiving on one's plighted word (_satyankára_) signifies, borrowing on a solemn promise to repay. The application is,--where, at the time of handing over the pledge, it was expressly declared by the debtor, that the loan should be repaid, even if increased to two-fold the original sum, and the pledge not abandoned; in such case also, the debtor should be made to repay twice the amount of the debt contracted.(_M._) The Commentator adds another meaning or application of the latter words of this sloka, in which, reciting the first part, _viz._, pledging upon the guarantee of character, or, a pledge of religious merit, he goes on to say--It is here laid down, that one who receives on his word, _scil._ words ratifying a bargain of sale and purchase, &c., for instance, receiving a gold ring, &c., as earnest, shall be made to repay twice the value of the thing so given, on breach of the contract: if the party depositing the ring, &c., break off the bargain, he forfeits what he gave as earnest; if the other party break off, he is to be compelled to refund double the value of the earnest received by him.] [Footnote 128: punishable as a thief. (_M._)] [Footnote 129: to one of the family who is a fit person. (_M._)] [Footnote 130: The Commentator implies, that where the usufruct has done more than this, still the transaction is closed by return of the pledge.] [Footnote 131: Manu, ch. 8, sl. 180.] [Footnote 132:90 ibid, sl. 189.] [Footnote 133: _yáchita_, _e.g._ ornaments, clothes, &c. lent on occasion of festivals. (_M._)] [Footnote 134: _anváhita._ We have followed the Commentator in translating this indefinite term.] [Footnote 135: This qualification too is the Commentator's. The term used _nyása_ is simply, a deposit.] [Footnote 136: which are those given in the presence of (_i. e._ personally to) the depositee. (_M._)] [Footnote 137: such as gold &c. given to be worked (_M._)] [Footnote 138: _tapaswí_, the third in rank of the Hindu religious orders.]