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(The Head-man of the village.)

When the head-man of a village has to travel on account of any business of the whole village, the villagers shall by turns accompany him.

Those who cannot do this shall pay 1½ panas for every yojana. If the headman of a village sends out of the village any person except a thief, or an adulterer, he shall be punished with a fine of 24 panas, and the villagers with the first amercement (for doing the same).

Re-entrance into a village for a person previously sent out of it (nirastasya), is explained by ‘settlement of persons in villages’ (treated of above).

At a distance of 800 angulas around every village, an enclosure with timber posts shall be constructed.

(Trespassing cattle.)

Pasture lands, plains, and forests may be availed of for grazing cattle.

For camels or buffaloes allowed to stray after grazing in pasture grounds, the fine shall be ¼th of a pana; for cows, horses, or asses, 1/8th of a pana; for inferior quadrupeds 1/16th of a pana; and for cattle found lying thereon after grazing, fines shall be double the above; for cattle ever found to live in the vicinity of pasture grounds, the fines shall be four times the above.

Bulls, let out in the name of the village deity (grámadevavrishah), cows which have not passed ten days inside the enclosure after calving, or bulls or bullocks kept for crossing cows shall not be punished. If crops are eaten away by animals, the owner or owners of them shall, if proved guilty, be made to pay twice as much as the loss. Persons driving their cattle through a field without intimating the owner shall be fined 12 panas. Any person who allows his cattle to stray shall be fined 24 panas; cowherds doing the same with the cattle under their care shall be fined half the above. The same punishment shall be meted out for letting cattle graze in flower gardens. For breaking the fence of fields, the punishment shall be double the above. If cattle are allowed to stray and eat the grains stored in houses, a threshing floor, or a court yard, the owners of the cattle shall pay adequate compensation. If beasts maintained in reserve-forests are found grazing in a field, they shall be brought to the notice of the forest officers and the beasts shall be driven out without being hurt or killed. Stray cattle shall be driven out by the use of ropes or whips. Persons hurting them in any way shall be liable to the punishment for assault or violence. Persons who invite (cattle to graze in the fields of others) or who are caught while committing such offences shall by all means be put down. Thus the destruction of pasture lands, fields, and roads is dealt with.

(Non-performance of agreement.)

The fine levied on a cultivator who arriving at a village for work, does not work shall be taken by the village itself. He shall refund not only double the amount of the wages he received promising to work, but also double the value of food and drink with which he has been provided. If the work is one of sacrificial performance (prahavaneshu), then also he shall pay double the amount of the wages. Any person who does not cooperate in the work of preparation for a public show, shall, together with his family, forfeit his right to enjoy the show (prekshá). If a man who has not cooperated in preparing for a public play or spectacle is found hearing or witnessing it under hiding, or if any one refuses to give his aid in a work beneficial to all, he shall be compelled to pay double the value of the aid due from him. The order of any person attempting to do a work beneficial to all shall be obeyed. Disobedience in such a case shall be punished with a fine of 12 panas. If others unitedly beat or hurt such a person so ordering, each of them shall pay double the amount of the fine usually levied for such offence. If among the above offenders one is a Bráhman or a person superior to a Bráhman, he shall first be punished. If a Bráhman does not take part in the combined performance of any sacrifice of his village, he shall not be violated, but may be persuaded to pay a share.

The above rules shall also apply to non-performance of agreements among countries (desa), castes, families, and assemblies.

Those who, with their united efforts construct on roads buildings of any kind (setubandha) beneficial to the whole country and who not only adorn their villages, but also keep watch on them shall be shown favourable concessions by the king.

[Thus ends Chapter X "Destruction of pasture lands, fields, and roads," in the section of "Buildings" in Book III, “Concerning Law” of the Arthasástra of Kautilya; end of “Buildings”; and of non-performance of agreements.' End of the sixty-seventh chapter from the beginning.]

Table of Contents

AN interest of a pana and a quarter per month per cent is just. Five panas per month per cent is commercial interest (vyávaháriki). Ten panas per month per cent prevails among forests. Twenty panas per month per cent prevails among sea-traders (sámudránám). Persons exceeding, or causing to exceed the above rate of interest shall be punished with the first amercement; and hearers of such transactions shall each pay half of the above fine.

The nature of the transactions between creditors and debtors, on which the welfare of the kingdom depends, shall always be scrutinised. Interest in grains in seasons of good harvest shall not exceed more than half when valued in money. Interest on stocks (prakshepa) shall be one-half of the profit and be regularly paid as each year expires. If it is allowed to accumulate owing either to the intention or to the absence abroad (of the receiver or payer), the amount payable shall be equal to twice the share or principal (múlyadvigunah). A person claiming interest when it is not due, or representing as principal the total amount of his original principal and the interest thereon shall pay a fine of four times the amount under dispute (bandhachaturgunah).

A creditor who sues for four times the amount lent by him shall pay a fine of four times the unjust amount.

Of this fine, the creditor shall pay ¾ths and the debtor ¼th. Interest on debts due from persons who are engaged in sacrifices taking a long time (dírghasatra), or who are suffering from disease, or who are detained in the houses of their teachers (for learning), or who are either minors or too poor, shall not accumulate.

A creditor refusing to receive the payment of his debt shall pay a fine of 12 panas. If the refusal is due to some (reasonable) cause, then the amount free from interest (for subsequent time) shall be kept in the safe custody of others. Debts neglected for ten years, except in the case of minors, aged persons, diseased persons, persons involved in calamities, or persons who are sojourning abroad or have fled the country and except in the case of disturbances in the kingdom (rájyavibhrama), shall not be received back.

Sons of a deceased debtor shall pay the principal with interest (kusí dam). (In the absence of sons), kinsmen claiming the share of the dead man or sureties, such as joint partners of the debt, (sahagráhinah pratibhuvo vá) shall pay the same. No other kind of surety is valid (na prátibhávyamanyat); a minor, as surety, is inefficient (bálaprátibhavyam asáram = surety of a minor is not strong).

A debt, the payment of which is not limited by time or place or both (asamkhyáta-desakálam), shall be paid by the sons, grandsons or any other heirs of the dead debtor. Any debt, the payment of which is not limited by time or place or both and for which life, marriage, or land is pledged, shall be borne by sons or grandsons.

(Regarding many debts against one.)

Excepting the case of a debtor going abroad, no debtor shall simultaneously be sued for more than one debt by one or two creditors. Even in the case of a debtor going abroad, he shall pay his debts in the order in which he borrowed them or shall first pay his debts due to the king or a learned Bráhman.