Chapter 257 - Settlement of disputes relating to the boundaries of fields

[Sanskrit text for this chapter is available]

[Full title: Settlement of disputes relating to the boundaries of fields (sīmāvivāda)]

Fire-god said:

1-2. In the event of a dispute relating to the boundary of a field, the guards, the assembly of elders, cowherds, the tillers of the bordering lands and all the foresters should lay down (the boundaries) demarcated by coal, husks, trees, mounds, anthills, slopes, bones, and pile of stones.

3. Four or eight or ten guards wearing (garland of) red flowers and red dress should be there in each village for laying the boundaries.

4. (Those that make a) false statement (relating to the boundaries of a field) should be punished with the madhyamasāhasa.^[1] In the absence of men familiar with the fields or the marks of identification, the king himself should demarcate.

5. The same procedure is known (to be applicable) in the case of groves, temples, villages, reservoirs, gardens, houses and channels of rain water.

6. If one transgresses the boundary or encroaches into (another’s) field or removes the boundary, that person is to be punished with the adhama or uttama or madhyama (sāhasa)^[2].

7. A minor encroachment should not be obstructed if it is for the sake of a bridge that benefits (all). (Similarly) one that encroaches another’s field for a well occupying a little space and providing copious water (should not be obstructed).

8. If a bridge is built in a field without informing its owner, the owner will have the right to its use after it is completed. The king (would have the right to its use) in the absence of an owner.

9. One who does not cultivate or employ (someone) to cultivate in a field that has been tilled should not be given the fruits of the cultivation and the field should be made over to another (for cultivation).

10-11. The owner of a she-buffalo that (trespasses on another’s field and) causes destruction of the grains, should be fined eight māṣas (a particular weight of gold). (The owner) of a cow (should be fined) four (māṣas), of a she-goat two (māṣas) (for the same offence). (They should be levied) twice that told above, if they sit (and watch) them grazing in the pasture land. The same amount (of fine) has to be levied as that for the she-buffalo, if an ass or camel (trespasses into another’s field).

12. The owner of the field would get the same quantity of grains that has been destroyed (as above). The keeper (of the animal) should be beaten and the owner of the cow should get the punishment already described.

13. But it is not objectionable (if the grazing is done) on a field laying along the roadside, or at the end of the grazing grounds of a village if done unintentionally. But if it is done wantonly, (the concerned person) deserves to be finished like a thief.

14. The cows let loose by strong bulls, (the cow) that has delivered (a calf), the cow that has strayed and those that have the keeper should be freed (i.e. not to be punished). (So also cows) injured accidentally or by the king (should also not be punished).

15. The cowherd should return the cows in the evening as entrusted to him (in the morning). A paid servant is bound to pay (the price of the animals) that were killed or lost (in his custody) by his negligence.

16. A cowherd is to be punished in the event of a cow being killed on account of his negligence. In such cases, he has to pay a fine of half of thirteen paṇas (paṇa is a particular coin) to the master and also (restore a similar) animal.

17. The pasture land should be set apart (at a place) according to the wish of (the people of) the village or being beneficial to the land and the king. A brahmin may collect grass, fuel and flowers from any land as if it were his own.

18. The extent of the interspace between the village and the field should be one hundred dhanus,^[3] while that between the market-town (and the field) should be two hundred (dhanus) and that between the city (and the field should be) four hundred (dhanus).

19. If a property is sold to another without disclosing its defects, then (the purchaser) has the right to take it at a lower price. If it is sold at a higher price than its real value (the excess amount has to be returned). If it is sold without defining the boundaries, (the disposer is considered) as a thief.

20. (A man) who has found out a lost and stolen (article) should cause the thief to be apprehended. But if there was a lapse of time and (was found) at a distant place, (the owner) should himself apprehend (the thief) and hand him over (to the authorities).

21. (The purchaser) gets free after showing the seller (of a stolen property). The owner (would get) the property. The king (would get) the fine. The purchaser would get his money back from the seller.

22. Allowance should be made for wear and tear by way of addition or enjoyment (for an article). If it exceeds the limit, a five-fold fine (should be paid) to the king.

23. A man who recovers or takes back a stolen or lost article from another, without intimating the king should be fined (to pay) ninety-six paṇas.

24. A lost or stolen article recovered by the customs officers or sentinels (should be given) to the owner if it is less than a year (after its loss) and thereafter (it should be) with the king.

25. One should pay (as interest) four paṇas for a single hoofed animal, five for a slave, two for a buffalo, camel and cow and one fourth of that for a goat and sheep.

26. One may give away (his possessions), except his wife and son, for interest, without causing hardship to his own family members, if not objected to by any of them. If he does not have the progeny, he may give all his possessions.

27. The acceptance (of a property) should be made public, especially of an immovable property. After having given the promised thing that is payable to one, one should not take it back.

28. A person who gives the seed, iron, vehicle, gem, woman, milch animal and a man should wait for ten, one, five, seven days, a month, three days and a fortnight respectively (for interest).

29-31. In the case of gold (that does not get) reduced in fire as well as silver, (interest would be) two palas for (every) hundred palas, eight palas in the case of tin and lead, five in the case of copper and ten for iron. Interest (would be) ten (palas) for hundred for wool and cotton. For mediocre quality it is known to be five palas and in extremely thin varieties it is three palas. The wastage is known to be a thirtieth part (of the original weight) in the case of embroidered and woollen mixed material. No allowance for decay or interest in the case of silk and bark (garments).

32. The experts should declare with certainty the allowance to be made (on things) after knowing the place (of origin) of the things, the season, the wear and tear and the strength of the materials.

33-34. One who has saved the life of his master and has been forcibly made a slave by thieves and sold should be made free (by the king) even by paying a ransom. A religious mendicant who has renounced his order is a slave of the king until his death. For the (four castes), men of the next natural order of castes alone could be a slave, but not of the reverse order.

35. A pupil who has completed his studies should stay for the stipulated period at the house of his preceptor and has to serve him for the food got from him.

36. The king should allot a frontal place to the brahmins (in his city), provide for their livelihood by means of the three Vedas and tell them, “May you adhere to your own duty”.

37-38. One who adheres to the work agreed upon without conflicting with one’s own duties should also be protected by the king with care. One who transgresses the discipline laid down by the king, who swindles the property of the society and who breaks an agreement should be deprived of all his possessions and banished from the country.

39. Everyone should follow the words of those who preach for the welfare of the society. One who does the contrary should be made to pay the first (sāhasa) fine.

40. One who is entrusted with a task relating to the society should offer (to the king) all that he gets. If he himself does not offer, he should be made to pay a fine eleven times (that collected by him).

41. Those who think of public service should be learned in the scriptures and not greedy. (All) should follow the words of those who speak for the welfare of the society.

42. The same rule (holds good) in the case of guild of traders, assembly of interpreters of the scriptures and those professing other religions. The king has to maintain the separate entities of these and govern the former profession.

43. One who does not do a work after having received the wages (for the same) should pay double the amount (as fine). (If the amount) has not been taken, one has to pay an equal amount (as fine). The supplementary grants (given to the servants) should be retained by them.

44. One who gains by trade, cattle or grains without obtaining the previous permission should be made to pay one tenth (of the gain as fine) by the king.

45. It is the discretion of the employer to pay (an employee) if one does work for more than the stipulated period and does work beyond the country that was stipulated. More (money) should be paid if more work has been done.

46. One’s wages would be commensurate with the work done by him. If both the parties find it untenable, it should be done as laid down in the scriptures.

47. A carrier should restore to the owner, the article that he was carrying but was lost due to causes other than the government or accident. One who causes obstruction to a public carrier should pay double the amount of the wages.

48. If the carrier abandons the goods at the start, or on the way or on half the way, (he) would be required to pay one seventh or one fourth or the entire wages respectively.

49-53. If the stake at gambling is in the multiples of hundreds, then the king’s share would be five hundred (paṇas). If they are cheats and swindlers, then the king should take one thousand paṇas. The manager at the gambling house should run it properly and pay the king’s share as laid down. The defeated person should be made to deposit the amount that is payable to the victor. One should hear the true words (of the gamblers) patiently. When the king has obtained his share in the reputed society of the gamblers, he should put the defeated in the midst of the gamblers to pay the fine. If not, he should not. They are who see and the witnesses in such transactions. Those who indulge in false die and fraudulent ways should be banished by the king along with the marks (on their person). There should be only one leader of the gambling house in order to know the cheats (in gambling). The same is the procedure in gambling with fighting animals and betting after setting animals to fight.

Footnotes and references:

[1]:

One of three kinds of penalties or modes of punishment.

[2]:

Three kinds of fines of varying proportions.

[3]:

One dhanus is equal to four times the length of the fore-arm.