Digest of Hindu Law, on Contracts and Successions

*The original work is divided into Books and Chapters, denominated dwipas and ratnas,
islands and gems, in allusion to the title of the book. The chapters (ratna) are generally
subdivided; sometimes, however, two or more chapters belong to the same subject. I have
taken no other freedom with the arrangement than naming these ratnas either chapters or
sections, according as the subject required. By this alteration, nine ratnas of the first book
are reduced to six chapters. The four last ratnas being chapters, whilst the first five are
sections, which I have placed in two chapters.

CHAPTER II.

ON INTEREST.

Sect. I. On Interest in general.-Legal interest on loans secur-

ed by a pledge. Interest is computed by vulgar time. Interest

on loans with or without a surety. Rates of interest vary

with the classes, and with the risk, time, place, and circum-

stances.....

Page.

Sect. II. On special Forms of Interest.-Six sorts of interest;

but fewer according to some. Limitation of various sorts of

interest. Usurious interest invalid. Interest varies by the

custom of the country. I. Exposition of the texts according

to the Mitácshará. II. According to CHANDÉSWARA. III.

According to MISRA. IV. According to ŚÚLAPANI. V.

According to CULLÚCABHATTA. VI. According to other com-

mentators. VII. Recapitulation. VIII. Assignment of bonds.

IX. Usage in general....

.....

Sect. III. On Interest specially authorized and specially pro-

hibited.-Art. I. On debts bearing Interest without a

special agreement. If payment be not made on demand,

interest accrues after three months, six months, or a year,

according to the circumstances of dishonesty, &c. No interest

without a demand..........

ART. II. ON THE LIMITS OF INTERESTS.-The principal can in

general be only doubled. Other limits on loans of grain, &c... 78

ART. III. ON DEBTS BEARING NO INTEREST.-Commodities sold,

&c., bear no interest without a special agreement. No interest

on a sum due by a surety, nor on a debt of which payment

has been tendered.......

300

CHAPTER III.

ON PLEDGES.

Sect. I. On Pledges lost or damaged-Distinction of pledges.

Interest forfeited by neglect of a pledge: the loss must be made

good, or the principal is forfeited. Penalty for the abuse of a

pledge. If the loss be casual, another pledge must be given... 101

Page.

Sect. II. On the Redemption of Pledges.-They need not be

restored without full payment of the debt. But they must be

released on tender of payment. Penalty for refusing it. Case

of an absent creditor. A mortgage remains to the close of its

term. Employment of a pledge unredeemed at its term.

Forms of hypothecation. Forfeiture of a pledge not redeemed.

Equity of redemption. The assignment of the pledge to

another person is forbidden. Public sale of a pledge unre-

deemed. A pledge of conscience.......

Sect. III. On the Validity of Hypothecation: it is valid by

occupancy, not by a written contract alone without posses-

sion. The first of two mortgages is valid. Punishment of a

fraudulent mortgager. If priority be not ascertained, the

earliest possessor retains the pledge. In the case of equal

claims, the pledge is shared. Written evidence prevails over

oral testimony. The most definite contract prevails. Inde-

finite pledges explained. Penalty for encroachments. Further

remarks on pledges......

Chap. IV. On Sureties.-Who should not be accepted as

sureties. Near relations cannot become sureties for each

other until after partition. Various sorts of sureties. Sons of

certain sureties are not amenable. Sureties liable on failure

of their engagements. Time and indulgence allowed to them.

The son of a surety for payment is amenable; and the sons

of other sureties if indemnified. Payment by sureties jointly

and severally bound. The son of a surety is not liable for

interest. The grandson is not amenable. Redress of a surety

against the debtor.......

Chap. V. On the Payment of Debts.-When and by whom debts
should be paid. Order of payment. A son must pay the debt
with interest; a grandson, without interest; a great-grandson
need not pay it. It must be paid by a son after the death of
his father, natural or civil; and after his long absence. But
he who holds assets is first liable. After him, the son; or the
guardian of the widow. In case of absence, the lapse of twenty
years is required, unless the debtor be presumed dead. Dis-
tinction of sons before and after partition. Payment of debts

contracted by coparceners, and by persons jointly and severally

bound. Payment of debts borrowed for the behoof of the

family, or on a credit given. The debts must in all cases be

proved. Certain debts not recoverable from a son. Husband

and wife, mother and son, not liable for the debts of each other;

except in certain cases. The paramour of an adulteress is liable

for the debts of her husband. Payment to the heir of a

deceased creditor........
*183

Chap. VI. On Redress for non-payment.-Compulsory means of

recovery ratified. Various modes of recovery. Treatment of

a prisoner. Labour exacted from an insolvent debtor for the

discharge of his debt: penalty for imposing an improper task.

Punishment of a fraudulent debtor. Renewal of the contract

in case of non-payment. A contested debt must be proved.

Fine for enforcing payment of a doubtful demand. Penalties

on parties cast in court. Preference of creditors accord-

ing to class, priority, &c. Acquittance granted after payment.

Authentication of partial payments. Penalty for refusing to

grant a receipt. Means of proof in contested cases. Dupli-

cates of unavailable documents......

230

BOOK II.

ON DEPOSITS, SALE WITHOUT OWNERSHIP, CONCERNS

AMONG PARTNERS, AND SUBTRACTION OF

WHAT HAS BEEN GIVEN.

CHAPTER I.

ON DEPOSITS AND OTHER BAILMENTS.

Sect. I. On the several Sorts of Bailments, open, under seal,
secret, mutual, for delivery, for use, for manufacture, and other
trusts to which the same laws are applicable. The restoration
of a deposit, whether attested or unattested, to the party
himself, or to his heir after his death; but not to his heir in
his lifetime without his assent. The obligation of carefully
guarding a deposit, and crime of neglecting it. Lost by the

Page.

fault of the depositary it must be made good by him, but not

otherwise; nor if the owner, warned of danger, persisted in

placing it: he by whose fault it is lost, must sustain the loss. 269

Sect. II. On the recovery of a Deposit from a Bailee with-.

holding it; or the value with interest, if it have been abused

or lost by his fault. In both cases fines to the king. A false

claim also punished by fine. Embezzlement under false pre-

tences punished by corporal pains. Loans for use restored

when the purpose is accomplished, or earlier if the chattel be

wanted by the owner. Trial of contested bailment. A thing

bailed with an artist must be made good by him, if lost or