Carl Clausewitz - The Strategy of Warfare – Boxed Set

(Boundary disputes.)

In all disputes regarding the boundary between any two villages, neighbours or elders of five or ten villages (panchagrámí dasagrámí vá) shall investigate the case on the evidence to be furnished from natural or artificial boundary marks.

Elders among cultivators and herdsmen, or outsiders who have had the experience of former possession in the place, or one or many persons (not) personally acquainted with the boundary marks under dispute shall first describe the boundary marks, and then, wearing unusual dress (viparítaveshah), shall lead the people (to the place). If the boundary marks just described are not found, a fine of 1,000 panas shall be imposed (on the misleading or guilty person). If, however, they arrive at the exact spot, the party who have either encroached upon the boundary or have destroyed the boundary marks shall be similarly punished.

The king shall beneficially distribute among others those holdings which have no boundary-marks or which have ceased to be enjoyed by any person.

(Disputes about fields.)

Disputes concerning fields shall be decided by the elders of the neighbourbood or of the village. If they are divided in their opinions, decision shall be sought for from a number of pure and respectable people, or, the disputants may equally divide the disputed holding among themselves. If both of these methods fail, the holding (vástu) under dispute shall be taken possession of by the king. The same rule shall hold good in the case of a holding for which no claimant is forthcoming; or it may beneficially be distributed among the people. Occupation of a holding (vástu) by force shall be punished as theft.

If a holding is taken possession of by another on some reasonable grounds, he shall be made to pay to the owner some rent, the amount of which is to be fixed after mature considerations of what is necessary for the subsistence of the cultivator of the holding by him.

Encroachment upon boundaries shall be punished with the first amercement. Destruction of boundaries shall be punished with a fine of 24 panas. The same rules shall hold good in disputes concerning hermitage in forests, pasture lands, high roads, cremation-grounds, temples, sacrificial places, and places of pilgrimage. Thus the determination of boundaries is dealt with.

(Miscellaneous hindrances.)

All kinds of disputes shall depend for their settlement on the evidence to be furnished by neighbours. Of pasture lands, fields (kedára), flower gardens, a threshing-floor (khala), houses, and stables of horses (váhanakoshtha), hindrance to any one coming first in order shall be removed in preference to the one or more coming later in the series. With the exception of people in forests of Bráhmans and of Soma-plants, temples, and places of sacrifice and pilgrimage, any person causing, while making use of a by-path to go to tanks, rivers, or fields, damage to the seeds sown in the fields of others, shall pay as much compensation to the sufferers as is equivalent to the damage.

If the owner of any one of the following, viz., wet-fields, parks, or any kinds of buildings, causes damage to the rest owned by others, the fine shall be double the value of the damage.

The water of a lower tank shall not submerge the field irrigated by a higher tank.

The natural flow of water from a higher to a lower tank shall not be stopped unless the lower tank has ceased to be useful for three consecutive years. Violation of this rule shall be punished with the first amercement. The same punishment shall be meted out for emptying a tank of its water (tatákavámanam cha). Buildings of any kind (setubandha), neglected for five consecutive years shall be forfeited, except in calamities.

(Remission of taxes.)

In the case of construction of new works, such as tanks, lakes, etc., taxes (on the lands below such tanks) shall be remitted for five years (panchavárshikah parihárah). For repairing neglected or ruined works of similar nature, taxes shall be remitted for four years. For improving or extending water-works, taxes shall be remitted for three years. In the case of acquiring such newly started works by mortgage or purchase, taxes on the lands below such works shall be remitted for two years. If uncultivated tracts are acquired (for cultivation) by mortgage, purchase or in any other way, remission of taxes shall be for two years. Out of crops grown by irrigation by means of wind power or bullocks (vátapravartimanandinibandháyatana) or below tanks, in fields, parks, flower gardens, or in any other way, so much of the produce as would not entail hardship on the cultivators may be given to the Government. Persons who cultivate the lands below tanks, etc., of others at a stipulated price (prakraya), or for annual rent (avakraya), or for certain number of shares of the crops grown (bhága) or persons who are permitted to enjoy such lands free of rent of any kind, shall keep the tanks, etc., in good repair; otherwise they shall be punished with a fine of double the loss.

Persons, letting out the water of tanks, etc., at any other place than their sluice gate (apáre), shall pay a fine of 6 panas; and persons who recklessly obstruct the flow of water from the sluice-gate of tanks shall also pay the same fine.

[Thus ends Chapter IX, "Sale of buildings, boundary disputes, determination of boundaries, and miscellaneous hindrances” in the section of “Buildings” in Book III, “Concerning Law” of the Arthasástra of Kautilya. End of the sixty-sixth chapter from the beginning.]

Table of Contents

PERSONS who obstruct, or make any kind of mischief with the flow of water intended for cultivation shall be punished with the first amercement. Construction in the sites belonging to others, of any buildings with a view to attract pilgrims thereto, of abodes of worship (chaitya), or of temples of gods; as also the sale or mortgage, or causing the sale or mortgage, of any long continued charitable building (púrvánuvrittam dharmasetum) shall be punished with the middlemost amercement. Those who are witnesses to such transactions shall be punished with the highest amercement excepting in the case of neglected or ruined buildings. In the absence of claimants to dilapidated religious buildings, villagers (grámáh), or charitable people (punyasíláva) may repair them.

(Blocking the roads.)

Forms of roads and paths have been dealt with in connection with the construction of forts. (First Chapter, Book II).

Obstruction to roads for inferior beasts or men shall be punished with a fine of 12 panas; to roads for superior beasts 24 panas; to roads for elephants or to those leading to fields, 54 panas; to those leading to any buildings or forests (setuvanapatham), 600 panas; to those for burial grounds or villages, 200 panas; to those for dronamukha, a fortress, 500 panas; and those leading to sthániya, country parts, or pasture grounds, 1,000 panas. The same fines shall be meted out in case of ploughing the several roads too deep (atikarshane chaishám); and ¼th of the same fines for ploughing merely on their surface.

If a cultivator or a neighbour makes encroachment upon a field during the time of sowing seeds, he shall be fined 12 panas, unless the encroachment is due to evils, calamities or intolerable occurrences arising otherwise from the field (anyatra doshopanipatávishahyebhyah).

(Settling in villages.)

Taxpayers shall sell or mortgage their fields to taxpayers alone; Bráhmans shall sell or mortgage their Brahmadaya or gifted lands only to those who are endowed with such lands; otherwise they shall be punished with the first amercement. The same punishment shall be meted out to a taxpayer who settles in a village not inhabited by taxpayers. If a taxpayer takes the place of another taxpayer, he shall enjoy all the holdings but the house of the latter. Even the house may be given to the new settler. If a person cultivates an inalienable land of another person who does not cultivate it, such a person shall restore the same after five years enjoyment on taking a certain amount of compensation equivalent to the improvement he made on the lands. Persons who are not taxpayers and who sojourn abroad shall retain the right of ownership (bhogam) of their lands.