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The Minor Law Books (SBE33), by Julius Jolly, [1889], at

p. 124



* 1. Where traders or others carry on business jointly, it is called Partnership, which is a title of law.

* 2. 2 Where several partners are jointly carrying on business for the purpose of gain, the contribution of funds towards the common stock of the association forms the basis (of their undertakings). Therefore let each contribute his proper share.

* 3. 3 The loss, expenses, and profit of each partner are either equal to those of the other partners, or exceed them, or remain below them, according as his share is equal to theirs, or greater, or less.

* 4. 4 The stores, the food, the charges (for tolls and the like), the loss, the freight, and the expense of keeping valuables must be duly paid for by each of the several partners, in accordance with the terms of their agreements.

5. 5 (Each partner) is responsible for what has been

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lost by his want of care, or in consequence of his acting against the instructions of, or without authorization from, all the other coparceners.

* 6. 6 Where the property of the partnership is in danger through fate, through a gang of robbers, or through the king, the tenth part of the goods shall belong to him who has preserved them through his own exertion.

* 7. 7 Should one partner meet with an accident, his heir shall replace him; or on failure of an heir, another man, or all (the partners) if they are capable (of becoming his substitute).

* 8. 8 In the sane way, where an officiating priest has met with an accident, another (priest) shall officiate for him, and receive from him his part of the fee to the stipulated amount.

* 9. 9 Where an officiating priest forsakes a sacrificer,

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who is no offender and free from guilt, or where (a sacrificer) forsakes a faultless priest, they shall both be punished.

* 10. There are three sorts of officiating priests: one honoured by previous generations, one appointed by (the sacrificer) himself, and one who performs the functions of a priest of his own accord through friendship.

* 11. 11 This law applies to hereditary and self-chosen priests. But it is no sin to abandon a priest officiating of his own accord.

* 12. 12 A trader on reaching a toll-house should pay the legal duty. A prudent man must not try to evade it, (because) it is called the (king's) tax.

* 13. 13 If he evades a toll-house, or if he buys or sells at another than the legal hour, or if he does not state the value (of his goods) correctly, he shall be fined eight times the amount which he tried to evade.

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14. 14 It is declared that a wise man should always abstain from levying a toll on that property of a learned Brahman which belongs to his household; but not (on that which he uses) for trading purposes.

15. 15 The alms received by Brahmans, the property of stage players, and what is capable of being carried on one's back; on all that he must raise no duty.

* 16. If a travelling merchant who has come into his country should die there, the king shall preserve his goods till the heir comes forward.

* 17. On failure of an heir, he must make them over to his relatives or connexions. On failure of them, he shall keep them well guarded for a period of ten years.

* 18. 18 When such property without an owner, and which is not claimed by an heir, has been preserved for ten years, the king may keep it for himself. Thus the sacred law will not be violated.


124:2 III, 2. Thus, e.g. a principal amounting to 1000 Drammas is invested in their common business by four partners. One contributes one-half of the principal, i.e. 500 Drammas. Another contributes one-fifth, i.e. 200 Drammas. A third contributes 200 Drammas likewise. A fourth contributes 100 Drammas. The percentage of the gain and of the charges will be in accordance with the share contributed by each partner. A.

124:3 Manu VIII, 211; Yâgñavalkya II, 259.

124:4 The expense incurred by the purchase of merchandise, for food, &c., has to be defrayed by all the partners in due shares, according to the terms originally agreed on, and the several shares contributed by them. A.

124:5 He who causes the loss of funds contributed by all the partners must make it good, and so must he who has infringed p. 125 the rules of the society, or who has caused a loss by acting without authorization from his partners. A. Yâgñavalkya II, 260.

125:6 If any one member of the society exerts himself to guard their common property against a fire, or against a gang of robbers, or against an encroaching prince who wants to seize it, he shall receive a tenth part of it, as a reward for his trouble. A. Yâgñavalkya II, 260.

125:7 Should any one among the partners die, his sons or other heirs shall take his share. Failing heirs, it shall belong to any other partner, who is able to officiate for him. Or, if all are able to officiate for him, they all shall take it together. A. Yâgñavalkya II, 265.

125:8 If among several officiating priests one should meet with a calamity, his share of the work shall pass to another, and the stipulated fee shall also belong to his substitute. A. Manu VIII, 206.

125:9 If the case of an officiating priest or sacrificer who has left the other party from anger, avarice, or some other reprehensible motive, and without delinquencies on the part of the other party, be brought before the king, he shall punish him. A. Manu VIII, 389; Yâgñavalkya II, 237; Vishnu V, 113.

126:11 In the case of those officiating priests who have been employed by the ancestors of the sacrifices, i.e. who are hereditary in his family, and in the case of those who have been chosen by himself the punishment ordained for forsaking a priest should be inflicted. But if the sacrificer abandons one who officiates for him from friendship, and employs in his place one better qualified, or more acceptable to himself, awarding to him the stipulated fee, he is free from blame. A.

126:12 A duty is the king's due, and traders must not defraud the king of it. A.

126:13 There are three ways for evading a duty: one, if a merchant avoids a toll-house and thus escapes paying the ordinary toll; another, if he buys or sells at an unseasonable time a commodity on which he has not paid the customary duty; a third, if he does not state correctly the amount or value of his goods or chattels. A merchant, who has committed any one out of these offences, shall pay eight times the amount of the duty embezzled by him as a fine. A. Manu VIII, 400; Yâgñavalkya II, 262.

127:14 The term Srotriya, 'a learned Brahman,' applies to Brahmans generally in this place. All the chattels of a Brahman, except what belongs to the household furniture, are liable to pay duty. Likewise, if he imports and exports goods in trading, those goods have to pay duty. A. Manu VII, 133; Âpastamba II, 10, 26, 10; Vasishtha XIX, 23; Vishnu III, 26.

127:15 The following three descriptions of property shall be exempt from taxation: alms received by Brahmans, no matter how great their value; the property of actors, singers, and the like persons; and what may be carried on the shoulders by any one. A. Vasishtha XIX, 37.

127:18 Read adâyâdam in the text.

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