JUSTICE IN NEPAL. 



123 



When such, liowever, does occur nevertheless, the matter is taken out of 

 the hands of the Panchayat and decided by the court which appointed it. 



The Panchdyat has no power of its own to summon or to enforce the 

 attendance of any person, to make an unwilling witness depose, or to secure 

 the production of necessary papers. All such executive aid being afforded 

 by the court appointing it ; and in like manner the decision of this 

 tribunal is referred for execution to the court. The assumption of any 

 power of their own by the Panchdyat would be a grave offence. 



The PancJi are required to be unanimous. Such at least is the rule, 

 but a very large majority will suffice in certain cases. 



There are no permanent or established individual Paiicli men, but in 

 all cases wherein Pdrhattiahs (Hindus of the mountains) are concerned, 

 it is necessary to choose the Panch men out of the following distinguished 

 tribes: — 1st Arjal; 2d.Khadal; 3d Pandh; 4th Panth; 5th Soharah; 6th 

 Rana ; one person being selected out of each tribe ; and among the Newdrs, 

 the tribes from which Panch men must necessarily be chosen, are 1st Maikh; 

 2d Bhanil; 3d Achdr; 4th St isht. In matters affecting neither Pdrhattiahs 

 nor Neivdrs there is no limit as to the selection by the parties of their 

 Panch men ; but old, learned, honest and experienced men may be supposed 

 to have the preference. They receive no compensation for travelling 

 expenses or loss of time, or on any account whatever. Indeed the very 

 idea of compensating them is abhorred. 



IV. The Law. 



§ 17. Codes applicable to the different classes of inhabitants. 



Custom or precedent is the law in many cases ; the Dharmashastra, or 

 sacred canons, in many more ; and the decision of numerous cases depends 

 almost equally on both. 



Infringements of the laws of caste fall under the Shdstras. Other 

 matters are almost entirely governed by the Dh A' char, or customary law 

 of the province of Gorkhd. 



