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BAZHASPATI.

XII, 12.

12. Should any (depositary) procure advantage
for himself by an article deposited (with him), he
shall be fined by the king, and compelled to pay its
value together with interest.
13. He who, after receiving a deposit, denies the
fact, and is convicted by (the evidence of) witnesses
or ordeal, shall be compelled to give up the deposit
and to pay an equal amount as a fine.
14. When a dispute arises with regard to a de-
posit privately made, the performance of an ordeal
is ordained for both parties, to establish the facts of
the case.
15. The same set of rules applies in the case of a
bailment for delivery (to a third person), a loan for
use, an article delivered to an artist (such as gold
delivered to a goldsmith to be worked by him into
an earring), a pledge, and a person offering himself
for protection.
XIII. Sale without Ownership.
1. Immediately after deposits, sale by another
person than the owner has been declared by
Bhrfgu; listen attentively, I will expound that
subject thoroughly.

12. Ratn. p. 91; Col. Dig. II, 1, 31. The commentators ob-
serve that the use here referred to must have been made without
the consent of the owner.
13. Ratn. p. 93 ; Col. Dig. II, 1, 45.
14. Ratn. p. 95; Viram. p. 366. The term ‘both parties' is
used in order to imply that the ordeal may be performed either by
the alleged depositor or depositary. Viram.
15. May. p. 116; Ratn. p. 96 ; Viv. p. 54.
14, 15. Col. Dig. II, 1, 12.
XIII, 1. Ratn. p. 101; Col. Dig. II, 2, 1.
 
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