32
NARADA.
who shuns the judicial investigation ; one who does
not make his appearance (before the tribunal); one
who makes no reply; and one who absconds after
receiving the summons : these five kinds of persons
are called Hina (cast in their present suit).
34. Precious stones, such as rubies, golden orna-
ments, such as Dinaras, pearls, coral, shells, and
other (jewels and precious metals) shall be returned
to in the preceding paragraph, may be said to have lost their cause
for once and all, viz. one who is convicted of untruth by the deposi-
tion of the witnesses, and one who confesses his wrong himself.
The two others, viz. one who remains silent and one who absconds,
are liable to punishment, but they do not entirely lose their suit, as
their cause may be tried anew. Similarly, the five persons mentioned
in par. 33, though non-suited in the case in hand, may have their
cause tried anew. ‘One who alters his statements,’ i.e. one who,
from forgetfulness, says something different from what he had stated
before. ‘One who shuns the judicial investigation,’ i.e. one who,
from repugnance against judicial investigation, throws the proceed-
ings into confusion. ‘ One who does not make his appearance
before the tribunal,’ i.e. on account of a calamity which has befallen
him through the king or through fate, &c. ‘ One who makes no
reply,’ i.e. one who does not give in his answer at once, and asks
for delay to prepare it. ‘One who absconds’ from fear of an
enemy. A. This interpretation has evidently been called forth by
a desire to reconcile par. 33 with the preceding paragraph, as the
persons called Hina are partly identical with those designed as
Avasannas. It may be doubted, however, whether par. 32 belongs
to the original work of Narada, as the identical rule is elsewhere
attributed to Bn'haspati (see Viram., p. 102), and as it is certainly
difficult to reconcile the two paragraphs with one another.
34. If the owner of the articles mentioned in this rule sells them
for genuine, and the purchaser, putting belief in his statements,
accepts them as such, and pays for them, but finds out afterwards
that they are not genuine, the seller must take them back, and must
give other articles in exchange for them which are really valuable,
or he must make good their value to the purchaser. A. As for the
meaning of the term Dinara, which corresponds to the Latin
denarius, see the Introduction.
NARADA.
who shuns the judicial investigation ; one who does
not make his appearance (before the tribunal); one
who makes no reply; and one who absconds after
receiving the summons : these five kinds of persons
are called Hina (cast in their present suit).
34. Precious stones, such as rubies, golden orna-
ments, such as Dinaras, pearls, coral, shells, and
other (jewels and precious metals) shall be returned
to in the preceding paragraph, may be said to have lost their cause
for once and all, viz. one who is convicted of untruth by the deposi-
tion of the witnesses, and one who confesses his wrong himself.
The two others, viz. one who remains silent and one who absconds,
are liable to punishment, but they do not entirely lose their suit, as
their cause may be tried anew. Similarly, the five persons mentioned
in par. 33, though non-suited in the case in hand, may have their
cause tried anew. ‘One who alters his statements,’ i.e. one who,
from forgetfulness, says something different from what he had stated
before. ‘One who shuns the judicial investigation,’ i.e. one who,
from repugnance against judicial investigation, throws the proceed-
ings into confusion. ‘ One who does not make his appearance
before the tribunal,’ i.e. on account of a calamity which has befallen
him through the king or through fate, &c. ‘ One who makes no
reply,’ i.e. one who does not give in his answer at once, and asks
for delay to prepare it. ‘One who absconds’ from fear of an
enemy. A. This interpretation has evidently been called forth by
a desire to reconcile par. 33 with the preceding paragraph, as the
persons called Hina are partly identical with those designed as
Avasannas. It may be doubted, however, whether par. 32 belongs
to the original work of Narada, as the identical rule is elsewhere
attributed to Bn'haspati (see Viram., p. 102), and as it is certainly
difficult to reconcile the two paragraphs with one another.
34. If the owner of the articles mentioned in this rule sells them
for genuine, and the purchaser, putting belief in his statements,
accepts them as such, and pays for them, but finds out afterwards
that they are not genuine, the seller must take them back, and must
give other articles in exchange for them which are really valuable,
or he must make good their value to the purchaser. A. As for the
meaning of the term Dinara, which corresponds to the Latin
denarius, see the Introduction.