Carl Clausewitz - The Strategy of Warfare – Boxed Set

An immovable property, pledged and enjoyable with or without labour (prayásabhogyhah phalabhogyová), shall not be caused to deteriorate in value while yielding interest on the money lent, and profit on the expenses incurred in maintaining it.

The pledgee who enjoys the pledge without permission shall not only pay the net profit he derived from it, but also forfeit the debt. The rules regarding deposits shall hold good in other matters connected with pledges.

(Property entrusted to another for delivery to a third person.)

The same rules shall apply to orders (ádesa), and property entrusted for delivery to a third person (anvádhi).

If, through a merchant, a messenger is entrusted with a property for delivery to a third person (anvádhihasta) and such messenger does not reach the destined place, or is robbed of the property by thieves, the merchant shall not be responsible for it; nor shall a kinsman of the messenger who dies on his way be responsible for the property.

For the rest, the rules regarding deposits shall also hold good here.

(Borrowed or hired properties.)

Properties either borrowed (yáchitakam) or hired (avakrítakam) shall be returned as intact as they were when received. If owing to distance in time or place, or owing to some inherent defects of the properties or to some unforeseen accidents, properties either borrowed or hired are lost or destroyed, they need not be made good. The rules regarding deposits shall also apply here.

(Retail sale.)

Retail dealers, selling the merchandise of others at prices prevailing at particular localities and times shall hand over to the wholesale dealers as much of the sale proceeds and profit as is realised by them. The rules regarding pledges shall also apply here. If owing to distance in time or place there occurs any fall in the value of the merchandise, the retail dealers shall pay the value and profit at that rate which obtained when they received the merchandise.

Servants selling commodities at prices prescribed by their masters shall realise no profit. They shall only return the actual sale proceeds. If prices fall, they shall pay only as much of the sale proceeds as is realised at the low rate.

But such merchants as belong to trade-guilds (samvyavaharikeshu) or are trustworthy and are not condemned by the king need not restore even the value of that merchandise which is lost or destroyed owing to its inherent defects or to some unforeseen accidents. But of such merchandise as is distanced by time or place, they shall restore as much value and profit as remains after making allowance for the wear and tear of the merchandise.

For the rest the rules regarding deposits shall apply here. It explains retail sale.

(Sealed deposits.)

The rules laid down concerning unsealed deposits (upanidhis) shall apply to sealed deposits also. A man handing over a sealed deposit to other than the real depositor shall be punished. In the case of a depositary's denial of having received a deposit, the antecedent circumstances (púrvápadánam) of the deposit and (the character and social position of) the depositor are the only evidences. Artisans (káravah) are naturally of impure character. It is not an approved custom with them to deposit for some reliable reason.

When a depositary denies having received a sealed deposit which was not, however, deposited for any reasonable cause, the depositor may obtain secret permission (from the judges) to produce such witnesses as he might have stationed under a wall (gúdhabhitti) while depositing.

In the midst of a forest or in the middle of a voyage an old or afflicted merchant might with confidence put in the custody of a depositary some valuable article with certain secret mark, and go on his way. On his sending this information to his son or brother, the latter may ask for the sealed deposit. If the depositary does not quietly return it, he shall not only forfeit his credit, but be liable to the punishment for theft besides being made to restore the deposit.

A reliable man, bent on leaving this world and becoming an ascetic, may place a certain sealed deposit with some secret mark in the custody of a man, and, returning after a number of years, ask for it. If the depositary dishonestly denies it, he shall not only be made to restore it, but be liable to the punishment for theft.

A childish man with a sealed deposit with some secret mark may, while going through a street at night, feel frightened at his being captured by the police for untimely walking, and, placing the deposit in the custody of a man, go on his way. But subsequently put into the jail, he may ask for it. If the depositary dishonestly denies, he shall not only be made to restore it, but be liable to the punishment for theft.

By recognising the sealed deposit in the custody of a man, any one of the depositor's family may probably ask not only for the deposit, but also for information as to the whereabouts of the depositor. If the custodian denies either, he shall be treated as before.

In all these cases, it is of first importance to inquire how the property under dispute came in one's possession, what are the circumstances connected with the various transactions concerning the property and what is the status of the plantiff in society as to wealth (arthasámarthyam).

The above rules shall also apply to all kinds of transaction between any two persons (mithassamaváyah).

Hence before witnesses and with no secrecy whatever, shall all kinds of agreements be entered into; either with one's own or different people, shall the circumstances of the time and place be minutely considered first.

[Thus ends Chapter XII “Concerning Deposits” in Book III, “Concernig Law” of the Arthasástra of Kautilya. End of the sixty-ninth chapter from the beginning.]

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THE selling or mortgaging by kinsmen of the life of a Súdra who is not a born slave, and has not attained majority, but is an Arya in birth shall be punished with a fine of 12 panas; of a Vaisya, 24 panas; of a Kshatriya, 36 panas; and of a Bráhman, 48 panas. If persons other than kinsmen do the same, they shall be liable to the three amercements and capital punishment respectively: purchasers and abettors shall likewise be punished. It is no crime for Mlechchhas to sell or mortgage the life of their own offspring. But never shall an Arya be subjected to slavery.

But if in order to tide over family troubles, to find money for fines or court decrees, or to recover the (confiscated) household implements, the life of an Arya is mortgaged, they (his kinsmen) shall as soon as possible redeem him (from bondage); and more so if he is a youth or an adult capable of giving help.

Any person who has once voluntarily enslaved himself shall, if guilty of an offence (nishpatitah), be a slave for life. Similarly, any person whose life has been twice mortgaged by others shall, if guilty of an offence, be a slave for life. Both of these two sorts of men shall, if they are once found desirous to run away to foreign countries, be slaves for life.

Deceiving a slave of his money or depriving him of the privileges he can exercise as an Arya (Aryabhava), shall be punished with half the fine (levied for enslaving the life of an Arya).

A man who happens to have taken in mortgage the life of a convict, or of a dead or an afflicted man shall be entitled to receive back (from the mortgager) the value he paid for the slave.

Employing a slave to carry the dead or to sweep ordure, urine, or the leavings of food; keeping a slave naked; or hurting or abusing him; or violating (the chastity of) a female slave shall cause the forfeiture of the value paid for him or her. Violation (of the chastity) of nurses, female cooks, or female servants of the class of joint cultivators or of any other description shall at once earn their liberty for them. Violence towards an attendant of high birth shall entitle him to run away. When a master has connection with a nurse or pledged female slave against her will, he shall be punished with the first amercement; a stranger doing the same shall be punished with the middlemost amercement. When a man commits or helps another to commit rape with a girl or a female slave pledged to him, he shall not only forfeit the purchase value, but also pay a certain amount of money (sulka) to her and a fine of twice the amount (of sulka to the Government).