116 



ON THE ADMINISTRATION OF 



Where there is affirmation and denial by the parties and the trial of right 

 must be had, then the charges called Mri and karpan, which have also 

 been explained, attach ; and beyond these there are no other expenses atten- 

 dant on the prosecution of civil suits. 



The tax called j'ltaiiri means what is paid to the government in 

 actions of debt and right from the winner ; and what is paid from 

 the loser is called hdrauri. J'ltaun is ten per cent, upon the property 

 litigated, and hdrauri five per cent. ; dasond-bisond and jUauri-hdrauri 

 are therefore nearly identical expressions ; the manner of their ap- 

 plication requires more detailed illustration. In matters of debt and 

 contrast in which the defendant ( Asdnu ) does not persist in denying the 

 plaintiff's (Sdhu) claim, but only pleads present inability to pay, the Court, 

 after the adducing of the plaintiff 's books of account and other documen- 

 tary evidence, takes dasond, or ten per cent, of the property disputed from 

 the plaintiff", and bisond, or five per cent, from the defendant, on the settle- 

 ment of the cause in court. If the debtor deny the debt, in any form of 

 allegation, that is, if he say he never borrowed, or that he has paid the 

 sum, and will not recede from his denial, and the debt be proved, by evidence 

 or ordeal, then on the decision of the cause, dasond of the debt is levied (as 

 before) on the plaintiff, and the defendant suffers dand* (fine) more or less, 

 according to the obstinacy of his falsehood. If the plaintiff, persisting in 

 his allegation of a sum due, be cast ; and it be proved that there was no debt; 

 then the plaintiff or false accuser (Puldha) suffiers ddnd, proportioned to 

 the mischief or iniquity of the falsehood, and the falsely accused ( Saccha ) 



* Dand is not by itself a punishment. Punishments (Sazdna) are, death, maiming or 

 mutilating, imprisonment, and whipping with nettles or the corah, a true informer or accuser is 

 not Puldha ; a false and malicious informer or accuser is alone called (after conviction) Puldha. 

 If in the case supposed the crime he proved, the informer will receive a reward from the 

 government under the name of jitaurt, not pay a tax under that name. But if in such case the 

 accusation be proved false, then the accuser will suffer ddnd. 



Ddnd is not double of jUanrt, but half of ddnd is jitauri ; that is, the amount of ddnd is 

 that which is first decided according to circumstances, and is that which regulates the amount 

 of J'ltaun. H. 



