JUSTICE IN NEPAL. 



133 



If the stroke of the injured husband fail to kill the adulterer, and he 

 turn on the husband and slay him, the adulterer shall escape punishment, 

 and keep the woman to boot. Such is the usage among all the Parhattiahs 

 so long as they marry among the Parhattiahs ; but if a Parhattiah marry 

 a Neivcirni, he shall not have the privileges above described in respect to 

 her. If any Parhattiah ( Khas or Magar) marry the daughter of his ma- 

 ternal uncle, it is well, and even obligatory on the girl's parents if the man 

 seek it : and the parents must wait his permission to marry her elsewhere. 

 So, also, if the father's sister's son seek the mother's brother's daughter 

 in marriage, the latter must assent, nor can she marry elsewhere till he 

 has declared his disinclination ; if such a person there be in existence. 

 But if any Newdr have any sexual commerce with the daughter of his ma- 

 ternal uncle, it is totally unlawful (by way of marriage or not), and he 

 shall be severely fined. 



Assault.— two persons disagree, fall out, and one strike the other so 

 as to bring blood, and he who has lost blood go to the court and complain, 

 the court in case the charge is proved, shall make the blood-drawer " touch 

 the stone" and fine him five rupees to the Sirkdr. 



Fraud. — If any one, having mortgaged his land or property to a cre- 

 ditor, afterwards mortgage it to a second creditor, and the case come before 

 court, the court shall award the land or goods to the first creditor ; but if 

 the second creditor agree to pay the debt of the first creditor, the second 

 may keep the pledged land or goods till the pledge is redeemed. 



Guti Lands.— li any pledge his Guti'^' land for money and spend that 

 money, in such case both giver and taker of such pledge shall be fined. 



* Guti is land consecrated to the deity, a sort of mortmain remaining in the hand of the 

 niortmainer and his descendants, (ostensibly for the use of such deity, but really for own use ; 

 the obligation to the god being liquidated by a petty annual offering to him,) is for security from 

 rapacity of government or the prodigality of heirs. It is deemed more sacred than " birtha," 

 which is an offering to Brahmans, not to god himself, and is an alienation too. Whereas Guti 

 is only ostensibly an alienation— in fact, an entail of the strictest kind on the descendants of 

 the Gutiydr. It is neither partible among heirs, nor transferable in any degree — H. 



2 K 



