DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0099
I, 122.
DEBTS ; SURETIES.
71
if they prove dishonest, the surety (for payment and
for honesty) must pay the debt; and (so must the
surety for appearance), if he fails to produce the
debtor.
120. When there is a plurality of sureties, they
shall pay each (proportionately), according to agree-
ment. If they were bound severally, the payment
shall be made (by any of them), as the creditor
pleases.
*121. Twice as much as the surety, harassed by
the creditor, has given (to the creditor), shall the
debtor pay back to the surety.
122. By the mode consonant with religion, by legal
surety for payment. A. Manu VIII, 158-160; YagAavalkya II,
5 3 ; Vishzzu VI, 41.
120. Where a number of sureties have promised each to pay a
certain stipulated share of the debt, in case of the debtor’s inability
to discharge it himself, the liability of each surety does not extend
beyond what has been promised by him. Where, however, all the
sureties have declared their joint liability for the whole debt, the
creditor may enforce payment from any one among them whom he
thinks able to satisfy his demand. A. Ya^mvalkya II, 55; Vishzzu
VI, 42.
121. When, however, the surety, anxious to obtain twice the
amount of the sum for which he has given security, should pay
the sum to the creditor of his own accord, without being pressed
to do so by the creditor, the debtor shall pay that sum only to him,
and not the double sum. A. Ya^navalkya II, 56 ; Vishzzu VI, 43.
122. Identical with Manu VIII, 49. According to Asahaya, four
out of the five modes of recovery of a debt are equivalent to the
traditional four means of obtaining success, viz. conciliation, division
(bheda), presents, and violence. Thus, ‘ the mode consonant with
religion’ means conciliation, i.e. gentle remonstrances. If these
should prove of no avail, ‘legal proceedings,’ or ‘ division’ (bheda),
shall be resorted to, i. e. the debtor shall be threatened with a plaint
in a court of justice. After that, ‘ presents ’ or ‘ fraud ’ should be adhi-
bited, i.e. a false hope of fictitious gain shall be held out to the debtor.
If this mode also should prove unsuccessful, ‘force’ or ‘violence’
DEBTS ; SURETIES.
71
if they prove dishonest, the surety (for payment and
for honesty) must pay the debt; and (so must the
surety for appearance), if he fails to produce the
debtor.
120. When there is a plurality of sureties, they
shall pay each (proportionately), according to agree-
ment. If they were bound severally, the payment
shall be made (by any of them), as the creditor
pleases.
*121. Twice as much as the surety, harassed by
the creditor, has given (to the creditor), shall the
debtor pay back to the surety.
122. By the mode consonant with religion, by legal
surety for payment. A. Manu VIII, 158-160; YagAavalkya II,
5 3 ; Vishzzu VI, 41.
120. Where a number of sureties have promised each to pay a
certain stipulated share of the debt, in case of the debtor’s inability
to discharge it himself, the liability of each surety does not extend
beyond what has been promised by him. Where, however, all the
sureties have declared their joint liability for the whole debt, the
creditor may enforce payment from any one among them whom he
thinks able to satisfy his demand. A. Ya^mvalkya II, 55; Vishzzu
VI, 42.
121. When, however, the surety, anxious to obtain twice the
amount of the sum for which he has given security, should pay
the sum to the creditor of his own accord, without being pressed
to do so by the creditor, the debtor shall pay that sum only to him,
and not the double sum. A. Ya^navalkya II, 56 ; Vishzzu VI, 43.
122. Identical with Manu VIII, 49. According to Asahaya, four
out of the five modes of recovery of a debt are equivalent to the
traditional four means of obtaining success, viz. conciliation, division
(bheda), presents, and violence. Thus, ‘ the mode consonant with
religion’ means conciliation, i.e. gentle remonstrances. If these
should prove of no avail, ‘legal proceedings,’ or ‘ division’ (bheda),
shall be resorted to, i. e. the debtor shall be threatened with a plaint
in a court of justice. After that, ‘ presents ’ or ‘ fraud ’ should be adhi-
bited, i.e. a false hope of fictitious gain shall be held out to the debtor.
If this mode also should prove unsuccessful, ‘force’ or ‘violence’