ig-t Appendix to Account of Hindu Courts of Justice. 



fear, are specified to restrict the precept which prescribes a penalty of twice the amount, 

 to the instance of acting through partiality, &c. ; it shall not be incurred in the case of 

 inadvertence, error, and so forth.* 



" Judges passing a decision contrary to law, through the influence of passion, shall 

 be severally fined in twice the amount of the thing which is the subject of the law-suit. 

 This direction for imposing fines is applicable in controversies concerning valuables; 

 but in other disputes, such as personal insult, &c. a different punishment must be 

 understood. Accordingly Vishn'u directs confiscation of property for acceptance of 

 bribes; and here acceptance of bribes is stated merely as an instance-! 



" The offending judge shall be compelled to pay twice the penally which is involved 

 in the suit. This meaning, consonant to the interpretation of many commentators, 

 must be received. Not as it has been interpreted by a certain commentator,^ twice the 

 amount of the thing which is the subject of controversy, for that is incongruous ; and 

 the incongruity has been shown by many authors : it is not here repeated, for fear of 

 prolixity.§ 



" Ca'tya'yana ordains punishment when the judge's fault is discovered subsequently 

 to the decision of the cause. Though determined by a corrupt judge, the judgment is not 

 to be rescinded by the king; but he should compel the iniquitous judge to make good 

 the loss.§ 



" The king should again try that cause which has been ill investigated and wrong 

 decided. || 



" The same author provides that the chief judge, or assessors, shall be fined even 

 for merely conversing in private with either of the parties, previous to the decision of 

 the cause.lf 



§ 13. Courl-House. 



" The place where the original matter is thoroughly investigated by a disquisition 

 of law, is a court of justice.** 



" The court of justice should be built on the eastern quarter [of the king's palace] ;ft 

 .ind should be furnished with fire and water.Jf 



" In the middle of his fortress, let the king construct a house, apart [from other 

 edifices], with trees and water adjacent §§ to it [or, according to a different reading, a 

 large edifice encompassed with water || ||] ; and let him allot for a court [an apartmentj on 

 the eastern side of it, with an eastern aspect, and duly proportioned, furnished too with 

 a throne, decorated with wreathes, perfumed with fragrant resins, supplied with corn, em- 

 bellished with gems, adorned with statues and pictures, and with images of deities, and 

 accommodated likewise with fire and water.ft 



* Mit. on Yajn. 2. 4. -f- Aparirca on Fajn. 2. 4. % Alluding apparently to Apararca. 



§ Dev. Bh. in Sm. Chand. || Vach. mk'r. in Vyav. Chint. f Div. Bh. in Sm. Cfiand. 



** Calyayana, cited in Sm. Chand. and Madh. ft Hev. Bh. 



XX Sanc'ha, cited in Stn. Ck. §§ As read in the Mad/i, || || As read in Sm. Chan. 



tH Vrlhaspali, cited in Sm. Ch. and MadJt. 



