

170 Mr. CoLEBiiOOKF. on Hindu Coxirts of Justice. 



wlien he is absent. The proper title of this liigh officer is Pi-dd'-vivdca, 

 which signifies ' interrogator and discriminative pronouncer.' He questions 

 the parties ; investigates the case ; distinguishes right and wrong ; awards 

 trial ; and pronounces judgment. All this is implied in the title of his office. 

 Another designation is Dharmddhyacsha, superintendent of justice. It 

 occurs in the rubrick and colophon of divers treatises on law, as the 

 author's official designation, especially in the works of Helayudha. 



The chief judge should be a brdhman'a, observant of the duties of his' 

 tribe ; conversant with the law in all its branches ; skilled in logic and 

 other sciences ; acquainted with scripture and jurisprudence ; and versed 

 in holy literature, possessing conciliatory qualities, witli many attainments. 

 He should be gentle, not austere ; deliberate, patient, and placid, yet 

 firm ; virtuous, wise, diligent, cheerful, impartial and disinterested ; and, 

 above all, sincere. 



But, if a brdhfnaii'a duly qualified cannot be found, a man of the military 

 class, or one of tlie commercial tribe (that is, acsJia/rij/a, or a vaisyd), who 

 is conversant with jurisprudence, may be appointed chief judge : but not a 

 siidra, on any account, whatever be his knowledge and qualifications. This 

 prohibition concerns spiritual consequences regarding the king's fortunes ; 

 it docs not affect the validity of the s't'idra's judicial acts. 



§ 3. The Assessors. 



The assessors of the court, appointed by the sovereign to assist the chief 

 judge witli their advice, or himself when presiding there in person, are 

 three, five, or seven, not fewer than the less, nor more than tlie greater 

 number mentioned ; an uneven number being required, that, in case of 

 disagreement, the opinions and votes of the majority may prevail, supposing 

 their capacity and qualifications equal. 



They should be brdhman'as, versed in sacred and profane literature, 

 conversant with jurisprudence, habitually veracious, and strictly impartial 

 towards friend and foe ; being honest, disinterested, and opulent ; incor- 

 ruptible, attentive to their duties, and devoid of wrath and avarice, and 

 uninfluenced by other passions. 



If brahman' as duly qualified cannot be selected, cshatriyas of vaisyas may 

 be nominated ; but not a s'lidra by any means. The judicial acts of an 

 incompetent or disqualified person are void, though they chance to be 

 conformable with the law. In the instance of the chief judge, however. 



