148 



HAROLD M. WIENER^ M.A.^ LL.B., ON THE 



Thus with § 261* we may compare Ndrada, vi, 10. For 

 (tending) a hundred cows, (a heifer shall be given to the 

 herdsman) as wages every year ; for (tending) two hundred 

 (cows), a milch cow (shall be given to him annually), and he 

 shall be allowed to milk (all the cows) every eighth day. 



Similarly when we read the sections! relating to the 

 liability of shepherds we are reminded of Indian provisions. 



Thus Manu writes : " During the day the responsibility for the 

 safety (of the cattle rests) on the herdsman, during the night on 

 the owner, (provided they are) in his house ; (if it be) otherwise^ 

 the herdsman will be responsible (for them also during the night). 



" The herdsman alone shall make good (the loss of a beast) 

 strayed, destroyed by worms, killed by dogs or (by falling) 

 into a pit, if he did not duly exert himself (to prevent it). 



" But for (an animal) stolen by thieves, though he raised an 

 alarm, the herdsman shall not pay, provided he gives notice to 

 his master at the proper place and time. 



" If cattle die, let him carry to his master their ears, skin,, 

 tails, bladders, tendons, and yellow concrete bile, and let him 

 point out their particular marks. 



" But if goats or sheep are surrounded by wolves and the 

 herdsman does not hasten (to their assistance), he shall be 

 responsible for any (animal) which a wolf may attack and 

 kill. 



" But if they, kept in (proper) order, graze together in the 

 forest, and a wolf, suddenly jumping on one of them, kills it,, 

 the herdsman shall bear in that case no responsibility."t 



And with §§ 263, 267, we may also compare Apastamba, ii^ 

 11, 28, 6. " If (a herdsman) who has taken cattle under his 

 care allows them to perish, or loses (them by theft, through his. 

 negligence), he shall replace them (or pay their value) to the 

 owners." 



Eules of this kind spring from the very nature of the 

 contract between an owner and his shepherd. The whole 

 object of employing a shepherd is to have a guardian of the 

 sheep who shall be responsible for their safe custody. Ac- 



* § 261 runs as follows : — If a man has hired a herdsman for the cows, 

 or a shepherd for the sheep, he shall give him eight Gur of corn per year. 



t §§ 263-267, especially the last two of these sections, providing that 

 where animals are lost through an act of God, or a lion's attack, the loss, 

 is to fall on the owner, while the shepherd is liable for losses through 

 negligence. 



X Manu, viii, 230, 232-6. See further Ndrada, vi, 11-17. 



