ver the debt with the whole amount of interest, since the surety called upon must immediately pay the whole sum. Whence then can the interest be recovered on the share of the debt which is payable by the son of a deceased surety? To this it is answered, if there be many sureties severally bound like a single surety, should any one of them die, leaving no son or other heir liable for the debt, from whom could his share of the debt be recovered? Consequently, as in that case the surviving sureties must contribute their proportionate shares of the deficiency, and discharge the debt, although payment be made as the creditor pleases;" so in this case also, even though the son be living, he is as it were non-existent in respect of interest : conse quently the surviving sureties, together with the son of the deceased surety, must contribute their proportionate shares of the principal sum, but the amount of interest must be made good by them, unaided by that son.

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But some lawyers remark, when the creditor makes his election of recovering the whole sum from one surety, he shall receive it from one alone; how can the surety, who discharges the debt, recover proportionate shares from the rest? But if the creditor have chosen to receive the sum from all the sureties in due proportion, then the son of a deceased surety must pay his share of the debt without interest. Again; when five persons have become jointly bound as sureties for a debt, then, should one die, his share of the debt must be received from his son without interest: but if he leave no son, or other amenable heir, his proportionate share is lost; since it was virtually understood, when the agreement was made, that the five persons were each bound for a fifth part of the debt. Yet, if it were agreed, “should any one of us die, the debt must be discharged by such of us as survive," then the whole debt must be paid by the surviving sureties contributing their proportionate shares. This is mentioned merely as an example; that in other cases also the adjustment must be made according to the tenor of the agreement, may be easily inferred by the reader himself.

Shall the surety, thus becoming a creditor, recover what has been paid by him to the original creditor, in consequence of the debt remaining undischarged by the debtor though living, but insolvent, dishonest, or the like? CLX.

VRIHASPATI ordains :-Should a surety, being harassed, pay the debt for which he was bound, he shall receive twice the sum from the debtor, after the lapse of a month and a half.

"A surety;" a person who has become bound for another. Being harassed;" being adjudged by the arbitrators to pay the debt in this form, "since he became surety for that man, he must pay the debt to the creditor." "After the lapse of three fortnights, or a month and a half;" after forty-five days. A debt of one hundred suvernas, having accumulated with interest to two hundred suvernas, is again doubled, and amounts therefore to four hundred suvernas; that sum he shall receive from the debtor. The cause of doubling the debt is the offence committed in not immediately paying it,

CLXI.

VISHNU and NÂREDA :-If the surety, being harassed by the creditor, discharge the debt, the debtor shall pay twice as much to the surety.

CLXII.

YAJNYAWALCYA :-When the surety is compelled to pay a notorious debt to the creditor, the debtor shall be forced to repay double the sum to the surety.

"Notorious;" adjudged by arbitrators. "Notorious" should be understood in the text of VISHNU and NAREDA, for it has the same import with the text of YAJNYAWALCYA, VRIHASPATI renders the meaning evident.

CLXIII.

VRĬHASPATI :—If dull sureties innocently pay the debt, when unbidden, or when required to pay another debt, how and from whom can they recover the sum?

"Dull;" whose understanding is sluggish; being slow even in their own affairs, it is perceived that their minds are heavy. without guile. "Unbidden" by the umpire.

Innocently;" The Retnácara.

The meaning is, not told by arbitrators, "pay the sum to that man." Here "unbidden by arbitrators" also implies, that it is not any-how proved by witnesses that the debt should be paid by the surety. Accordingly YAJNYAWALCYA says "notorious," that is, not unbidden by arbitrators. So,

CLXIV.

CÁTYÁYANA:-The surety shall immediately receive from the debtor, but without interest, the sum which he has paid, when legally urged by the creditor, on proving the case by witnesses.

On proof by witnesses that the debt ought to be paid. "Urged by the creditor;" mentioned as a matter of course, for payment would hardly be made by one who was not urged. From the expression "he shall receive the sum," it appears that the surety shall receive so much only as was paid by him to the creditor, and not double that sum. But the double sum has been directed by the text of YAJNYAWALCYA; there is consequently an inconsistency. It must therefore be settled, that within a month and a half he can only receive the exact sum paid, but after a month and a half he shall receive twice that sum. In this case, however, there is no reference to the period in which a debt is regularly doubled, such as fifty months and the like, for no such law exists; the expiration of a month and a half is alone a sufficient term, under the text of VRIHASPATI (CLX), to double the

sum.

Such is the best mode of interpretation approved in the Retnácara. GRAHESWARA and MISRA explain the text of CATYAYANA as intending only the following case: a considerable space of time having elapsed beyond the stipulated term, if the creditor resolve on recurring to the king, but the surety, apprehending punishment, pacify the creditor at a pecuniary expence, and discharge the debt, the surety shall in that case recover from the debtor the money employed in appeasing the creditor; but shall only receive back the exact sum, not twice the amount. But the author of the Mitácshará says, twice the sum must be immediately paid. He holds, that the lapse of a month and a half is not required. To reconcile the text of VRĬHASPATI, money expended in appeasing the creditor must be supposed. On this subject YAJNYAWALCYA propounds a distinction.

CLXV.

YÁJNYAWALCYA:-Female slaves and cattle delivered by a surety must be made good with their offspring; grain shall only be repaid twofold; cloth is declared to be quadrupled; and liquids octupled.

Female slaves and cattle;" a debt consisting of female slaves or cattle. If a surety be compelled by a creditor to deliver female slaves, goats, and the like, they shall be received back by the surety with their offspring only; but grain and the rest with the accumulation mentioned. Other. things can only be doubled. The Dipacalicá.

The doubling of every kind of property having been suggested, it is here directed by a special law, that liquids shall be repaid octuple; cloth quadruple; and female slaves or cattle with their offspring, that is, with no other recompense but their offspring. If one female goat, having been lent, be made good by the surety, in consequence of the debtor being unable to discharge the debt, then, after the lapse of considerable time, the debtor being able to discharge the debt, one female goat shall be delivered to the surety, and as many kids as have been produced from that first goat. If that female goat die unproductive, the debtor must afterwards deliver a single goat, and no kids, for none have been produced. "Grain and the rest;" grain, cloth, and liquids. "Other things;" gold and the like. The gloss of the Dipucalicá may be taken in a literal sense.

Here an observation should be made. When the surety would have been liable for the payment of the debt, in consequence of the debtor's absence; if the surety be dead, it shall be paid by his son alone, and without interest, as has been mentioned. Afterwards, when the debtor is amenable for the payment of the debt, it is reasonable that he should pay to the son of the surety twice the amount of the original sum paid by him without interest. Must that debtor again pay the arrear of interest to the creditor, or not? On this question some remark that the principal sum only, and no interest, has been received from the son of the surety: the interest shall therefore be recovered from the debtor; for it is inconsistent with reason that the creditor should sustain a loss without any fault on his part. But others say, that interest need not in that case be paid by the debtor, since no law directs it. Is not the general law, which ordains interest at the rate of an eightieth part, applicable to this case? No; for that is precluded by the text of CÁTYÁYANA (CLVIII), the terms of which are expounded “ void of interest;" since, if interest were payable by any person whomsoever, it could not be void of interest. Of these two opinions, preferring that which is best and most firmly established, a single rule of decision should be adopted.

On this text (CLXV) the Mitacshari has this comment: that kind of property, for which a special recompense or rate of interest has been propounded, being paid by a surety, the debtor must immediately make it good, without any reference to particular periods, but with the interest propounded: such is the implied sense. The author conceived, that interest is propounded by the text on female slaves, cattle, and the like: now there can be no interest without a loan, as has been already stated; but female slaves and cattle may be lent by one who is unable to maintain them himself, and wishes they should be supported: this text intends only such a loan.

CHAP. V.

ON THE

PAYMENT OF DEBTS.

À DEBT of such a kind should be paid; a debt of such a kind should not be paid; it should be paid by this heir; it should be paid at this time; it should be paid in this mode: thus the subject is five-fold in respect of the debtor. It is two-fold in respect of the creditor, namely, the rule for delivery, and the rule for receipt. Of these seven topicks of loans and payment, one topick, the rule for delivery by the creditor, has been expounded. Explaining the verb "give" or deliver in the sense of payment, the other six topicks are expounded in the two following chapters. Such is the method authorized by the Mitacshará.

CLXVI.

VRIHASPATI:-By whom, to whom, and in what mode, should, or should not, be paid a loan which has been received from the hands of another in the form of a loan on interest, shall be now declared:

2.

If the time of payment be not expressed, the debt shall be paid on demand, with the interest then due; if expressed, at the full time limited; and if not previously demanded, when interest ceases on becoming equal to the principal: if the father should die in debt, it shall be paid by his sons, with interest as far as the law allows.

By the text of NAREDA (I) the forensick term of "loans and payment" is stated as comprehending twenty topicks in respect of the creditor and debtor. The verb "give" or deliver, has consequently the double sense of lend and pay. The topicks suggested by the verb taken in its sense of lend," namely, the eight-fold rule for delivery by the creditor (interest and

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the rest), and the rule for receipt by the debtor (stipulated interest, and the delivery of the interest promised, and so forth), which constitute ten topicks of loan and payment, have been directly or virtually expounded. The topicks suggested by the verb taken in its sense of "pay," are now propounded, namely, the eight-fold rule for payment by the debtor, and the rule for receipt by the creditor, which also constitute ten topicks of loan and payment.

"From the hauds of another;" from the hands of the lender. "In the form of a loan on interest;" with a declaration, " that shall be repaid with interest by me to him:" the construction is, 'the debt which had been received in this manner.' By what debtor that should, or should not, be repaid; to what creditor it should, or should not, be paid; and how, or in what form it should, or should not, be paid. Again; imagining the word “what," the topicks of what should, or should not, be paid, may be understood, as in one reading of the text of NAReda (1).

"It shall be now declared;" this, signifying almost at the present time,' expresses, that it shall be forthwith declared. The Sage proceeds to the rule for payment (CLXVI 2): that debt, which has been received for no stipulated term, must be repaid on demand; that is, on a simple demand. Consequently, for that loan, which has been received on requesting it in this simple form, "lend me the sum," the rule of payment is such that no delay must be made when the debtor is told, pay the debt."

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When it is settled by both parties, that the will of the creditor shall regulate the time of payment, the debt must be paid on a simple demand; but when another term has been fixed, it must be paid at the full time limited. MISBA.

And BHAVADÉVA says, when a time has been settled by both parties as the period of payment, or when the debt has been made payable at the option of the creditor, &c. In this gloss the words "specifick time" must be supplied. To both these opinions it may be objected, that the subsequent phrase "at the full time limited" would be a needless repetition. But that phrase concerns a debt for which a time of payment has been fixed. Consequently, for that loan which has been received on application made in this form, "I will pay the debt within two years, lend me the sum required," the rule of payment is such that no delay must be made when that period is complete. But when a loan has been received on a simple request in this form, "lend me the sum required," and the creditor meanwhile has not demanded it, what should be done? The Sage adds, "when the interest ceases; now interest ceases on the debt after the lapse of time sufficient to double it, as has been already mentioned: that it must be then paid, is the rule of payment for such debts. This and other points may be argued.

It has been thus explained, that the very person who contracted the debt must discharge it. But in the case of his death, the Sage adds, "If the father should die in debt, it must be paid by his sons." On failure of the

father, who contracted the debt; that is, if he die, or be secluded from the world, or go to a foreign country, the debt must be paid by his sons, with interest. It must be paid even by his son's son, but without interest.

CLXVII.

VRIHASPATI:-The father's debt must be first paid, and next a debt contracted by the man himself; but the debt of the paternal grandfather must even be paid before either of those.