HINDU PERIOD
of interest on the money lent on bottomry is to be fixed by men well acquainted with sea voyages or journeys by land. In the same chapter there is another passage[1] which lays down the rule of fixing boat-hire in the case of a river journey and a sea voyage. But perhaps the most interesting passages in that important chapter are those which are found to lay down the rules regarding what may be called marine insurance. One of them holds the sailors collectively responsible for the damage caused by their fault to the goods of passengers, and the other absolves them from all responsibility if the damage is caused by an accident beyond human control.[2] Manu also mentions a
- ↑
दीर्घाध्वनि यथादेशं यथाकालं तरो भवेत्।
नदीतीरेषु तद्विद्यात् समुद्रे नास्ति लक्षणम्॥["For a long passage the boat-hire must be proportioned to the places and times. Know that this (rule refers) to passages along the banks of rivers; at sea there is no settled (freight)."]
- ↑ The passages in question are:—
यन्नावि किञ्चिद्दाशानां विशीर्य्येतापराधतः।
तद्दाशैरेव दातव्यं समागम्य स्वतोऽंशतः॥
एष नौयायिनामुक्तो व्यवहारस्य निर्णयः।
दासापराधतस्तोये दैविके नास्ति विग्रहः॥(Manu, viii. 409. 9.)["Whatever may be damaged in a boat by the fault of the boatmen, that shall be made good by the boatmen collectively (each paying) his share.
"This decision in suits (brought) by passengers (holds good only) in case the boatmen are culpably negligent on the water; in the case of (accident) caused by (the will of) the gods, no fine can be (inflicted on them)."]
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