178 Appendix to Account of Hindu Courts of Justice. 



" An assembly (puga) signifies a meeting ; for Ca'tya'yana's text expresses, that a 

 meeting of traders and the rest is lermeA puga. An assemblage of persons of different 

 classes is a company (sredi) : one of persons of the same class is a family (cula). When 

 these are appointed by the king for the decision of causes, the first respectively must be 

 deemed superior to the latter; and this superiority is relative to appeal and revision. 

 Thus, when a cause has been tried by an assembly, it must not be reheard by a company. 

 By these several authorities causes may be tried, except such as concern violent crimes. 

 So VrIhaspati declares.* 



" Judges appointed by the king are members of a court of judicature nominated by 

 the sovereign to administer justice. Assemblies are multitudes or meetings of persons 

 belonging to different tribes and following different avocations, but inhabiting tiie same 

 place, such as villagers, townsmen, or citizens. Companies are conventions of persons 

 belonging to various tribes, but subsisting by the practice of the same profession, such as 

 watchmen, dealers in betel, weavers, curriers, and the rest. Kindred signify meetings of 

 relations connected by consanguinity. Of these four, namely, the king's judges and the 

 rest, that jurisdiction which is here first mentioned must be deemed relatively 'superior,' 

 or possessed of higher power ' for the decision of law-suits,' or trial of causes ' among 

 men;' that is, between litigant parties. The meaning is, that in a cause decided by 

 judges appointed by the king, the party that is cast cannot revive the suit before the 

 townsmen and the rest, although he be dissatisfied, thinking the decision unjust. So, in 

 a cause decided by the co-habitants, there is no resort to the fellow-artisans ; nor, in one 

 adjudged by them, to the kindred. But, if it were determined by the family, it may be 

 appealed to the craft, and so fortli. In like manner, if it be decided by the company of 

 fellow-artisans, it may be appealed to the assembly ; or if adjudged by the assembly, the 

 next resort is to judges appointed by the king ; and Na'reda declares, that in a suit tried 

 by the king's judges, a further appeal lies to the king in person. Moreover, when he is 

 resorted to, and the appealed cause, whereon a double amercement is staked, shall be 

 decided by the king, aided by other assessors, together with the former judges, should 

 the appellant be cast, he shall be amerced ; or if he gain the cause, the former judges 

 shall be fined. 



" A cause tried by inferior judicatories may be appealed ; but the judgment passed in 

 a superior court cannot be reversed ;t but Na'reda has declared that a decision passed 

 by judges appointed by the sovereign, may be reversed before the king in person. 

 Here the mention of king sub-denotes the chief judge ; for he is superior in com- 

 parison with persons appointed by the sovereign. Therefore, a decision passed by 

 persons so appointed, may be revised before tlie chief judge; and one by him adjudged 

 may be rescinded before the king. Here, on appeal to the king, when a cause upon 

 whicii an amercement is staked against the first judges is tried by the king, assisted by 

 other assessors, should the appellant be cast, he shall be fined in a double penalty ; 



* S'idapan'i\\\ Xirpacalica. f yijnyanes'wara^\n l^titacskara on Yajn^awa/eyaj 1. 30. 



