JUSTICE IN NEPAL. 



121 



inward thoughts and acts are known to the gods, Surya and Chandra, and 

 Varuna and Yama, and that they will do right between the parties to 

 this dispute. When the puja is over, the brahman gives the tilalc to the 

 two Chdmdkhalaks and says to them, " let the champion of truth win and 

 let the false one's champion lose." This said, the brahman and the 

 parties come out of the water. The ChdmdkhalaTts then divide, one going 

 to the place where one reed* is erected, and the other, to the other reed. 

 They then enter the deep water and at a signal given both immerse 

 themselves at the same instant. Whoso first emerges from the water, 

 the reed beside him is instantly destroyed with the scroll attached to it. 

 The other reed is carried back to the court where the ball containing 

 the scroll is opened and the scroll read. If the scroll bear the plaintiff's 

 name, the plaintiff wins the cause; if the defendant's, the defendant is 

 victorious. The fine, called jitauri is then paid by the winner, and 

 that called hdrauri by the loser ; besides which, five rupees are demand- 

 ed from the winner in return for a turban t which he gets ; and the same 

 sum, under the name of Sahhd siddhali (or purification of the court) from 

 the loser. The above four demands on the parties, or jitauri, hdrauri, 

 pagri, and Sahhd siddhdh, are government taxes ; and exclusive of them 

 eight annas must be paid to the Mahdniahs of the court — eight annas 

 more to the Kotwdls — and, lastly, eight more to the Kharddr or register. 

 In this manner multitudes of causes are decided by Nydya, (ordeal) when 

 the parties cannot be brought to agree upon the subject matter of dispute, 

 and have no documentary or oral evidence to adduce. 



§ 16. Panchdyat. 



The Panchdyats in use are of two kinds, domestic and public, the 

 latter being called to settle suits come before the courts ; the former to 

 settle matters never brought under the court's cognizance. 



* " Markat." 



t The turban fee is called Pac/ri. 

 2 G 



