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Manu Smriti - Hindu Online

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8.181. He who restores not his deposit to the depositor at his request, may be tried by the judge in the<br />

depositor’s absence.<br />

VDL@ $ DYH ¾L>L[L U{ Y\DH ÈS VPL1YW(! $SGH](] F V1\6\ LKU^\ W6\ W£YW!<br />

8.182. On failure of witnesses let the (judge) actually deposit gold with that (defendant) under some pretext or<br />

other through spies of suitable age and appearance (and afterwards demand it back).<br />

V \LG ¾LWS HW \ZD1\6W \ZDN‰WP Q W¥ LY WH LN LFG{ \W SU(U{ $L \X-\WH<br />

8.183. If the (defendant) restores it in the manner and shape in which it was bailed, there is nothing (of that<br />

description) in his hands, for which others accuse him.<br />

WH D Q G DG{ \LG WX W¬i LKU^\ \ZDLYL[ D( LQJÛ GD3\! 6\DG{ LW [P56\ [DU>D<br />

8.184. But if he restores not that gold, as be ought, to those (spies), then he shall be compelled by force to<br />

restore both (deposits); that is a settled rule of law.<br />

LQ@HS SLQ[, LQ7\ Q GH\D( ¾7\Q1WUH Q=\WDH LYLQSDWH WDY $LQSDWH 7Y $QDL]QD(<br />

8.185. An open or a sealed deposit must never be returned to a near relative (of the depositor during the latter’s<br />

lifetime); for if (the recipient) dies (without delivering them), they are lost, but if he does not die, they are not<br />

lost.<br />

6Y\P #Y WX \D( G DQ PW6\ ¾7\Q1WUH Q V UD`D $L \DH‹9\DH Q LQ@H»X] F E1[XL !<br />

8.186. But (a depositary) who of his own accord returns them to a near relative of a deceased (depositor), must<br />

not be harassed (about them) by the king or by the depositor’s relatives.<br />

$›OHQ #Y F $L1Y›HW WP $Z ¾,LWS8Y5NP LYFD\5 W6\ YD Y¢ VDÅD #Y SLUVD[\HW<br />

8.187. And (in doubtful cases) he should try to obtain that object by friendly means, without (having recourse<br />

to) artifice, or having inquired into (depositary’s) conduct, he should settle (the matter) with gentle means.<br />

LQ@HSH Y # X VYH5<br />

X LYL[! 6\DW SLUVD[QH V PX²H Q $½X\DW LN LFG{ \LG W6PDQ Q VKUHW<br />

8.188. Such is the rule for obtaining back all those open deposits; in the case of a sealed deposit (the depositary)<br />

shall incur no (censure), unless he has taken out something.<br />

FD(U(U{ ×W MOHQ A)P $L”QD G*[P #Y YD Q G DG{ \LG W6PDW V Q VKULW LN FQ<br />

8.189. (A deposit) which has been stolen by thieves or washed away by water or burned by fire, (the bailee)<br />

shall not make it good, unless he took part of it (for himself).<br />

LQ@HS6\ $SKWD5UP $LQ@H»DUP #Y F VY( 5U{ SD\(U{ $L1Y›HW ]SZ(] F #Y Y(LGN(!<br />

8.190. Him who appropriates a deposit and him (who asks for it) without having made it, (the judge) shall try by<br />

all (sorts of) means, and by the oaths prescribed in the Veda.<br />

\DH LQ@HS Q $S5\LW \] F $ LQL@3\ \DFWH WDY D( FD(UYW ]D6\D( GD3\D( YD W7VP GPP

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