Appendix to Account of Hindu Courts of Justice. 175 



in tlie forest or wilderness, should cause their disputes to be adjusted by residents in both ; 

 that is, by persons abiding in the village and the forest [for they are conversant with dis- 

 putes incident to both.*] The heads of the family are the chief persons among the kin- 

 dred. The chiefs of the society are the leaders of a company assembled in a village, or on 

 a pilgrimage, and so forth. The city signifies the principal town ; the village, one infe- 

 rior thereto: thus there is a distinction between the inhabitants of a city and of a vil- 

 lage. The umpire, selected by the family, &c. completes the number of five resorts. 

 They are suited to particular descriptions of persons, as foresters, &c.f 



" An assembly is of four sorts : stationary, moveable, graced by the signet, and 

 governed by the institutes of law; the judges or arbitrators are as various. A station- 

 ary court meets in the town or village; a moveable one is assembled in the forest; one 

 graced by the signet is superintended by the chief jndge ; one governed by the institutes 

 of law is held before the king.f 



" The five first places of reference are adapted to particular descriptions of persons, 

 as foresters and the rest. If a dispute arise among persons dwelling within the bounds 

 of a village, it is determined by the inhabitants of the adjoining villages. The heads of 

 families, the chiefs of societies, and the inhabitants of towns and villages, select an um- 

 pire approved by both plaintiif and defendant. 



" The village and the rest are ten resorts common to all. The village intends people 

 dwelling together in the manner of a hamlet. Townsmen are the whole of the inhabi- 

 tants of a town. An assemblage (garia) is a set of families ; for Ca'tya'vana says ' an 

 assemblage of families is termed gan'a. Associations denote washermen and the rest of 

 eighteen low tribes. A scholar in the four sciences is a man conversant in logic and the 

 rest of four requisite branches of knowledge. The conjunctive particle, which occurs in 

 this place, indicates the association of such scholar with other learned persons ; for 

 Pitam'aha forbids the exposition of the law by one individual, however learned. Per- 

 sons belonging to the same class (varga) are such as appertain to the same assemblage, 

 and so forth ; for Ca'ta'yana says, ' Vrihaspati declares, that assemblages of families 

 and societies of heretics, companies of armed men, unions of low tribes, as well as other 

 associated persons, ai-e termed varga.' The authority of Vrihaspati is cited to show, 

 that the term was already known in this acceptation. A company of armed men is a 

 party of persons variously armed; for it is so explained by the same author. Families 

 import such as are related to the plaintiff or to the defendant within the degree of 

 sagotra. Heads of families are elders sprung of the same kin with the plaintiff and 

 defendant. Constituted judges are the chief judge with three assessors. The king, 

 assisted by hrdhman'as, &c. is last.§ 



" An assembly, which is held in the forest or other of three situations [first mentioned] 

 is moveable ; for, in general, it is suited to travelling. Among inhabitants of both town 

 and country and other specified situations it is stationary, for it is not adapted to change 



• Viramitr6dat/a. f Mddh. in Madhavii/a. 



i t'rlhaipati, cited in Sm. C'/t. C'a//i. and Mddh § Div. lih. in Sm. Ch. 



