Chap. III.J HINDOO GOVERNMENT. 97
and exposed to the sun, to compel him to produce the money he owes." The a.d
interest lent on money without security is to be proportioned to the risk, or " in
the direct order of the classes." Thus, the monthly interest exigible from aAmmmtuf
Brahmin is 2 per cent. ; ft'om a Cshatriya or soldier, 3 ; from a Vaisya or mer- l^^bie.
chant, 4 ; and from a Sudra, 5 per cent. It is added, " never more," and, as one
should think, superfluously, since this so-called maximum is at the enormous
rate of GO per cent, per annum. Where a pledge has been taken as a security
merely, the interest must not exceed 1 J per cent, monthly, and where the pledge
is beneficial — in other words, is used by the pawnee for his profit — he is not
entitled to any interest at all. Interest must not be allowed to accumulate till
it "be more than enough to double the debt;" but the rule as to a maximum
will not apply in the case of extraordinary risks, and therefore " whatever
interest shall be settled by men well acquainted with sea voyages or journeys
by land, with times and with places, such interest shall have legal force." A
prescriptive right to ordinary moveables may be established; and therefore
"whatever chattel the owner sees enjoyed by others for ten years, while, though Prescription.
present, he says nothing, that chattel he shall not recover," provided he was at
the time of legal capacity ; but " a pledge, a boundary of land, the property of
an infant, a deposit either open or in a chest sealed, female slaves, the wealth
of a king, and of a learned Brahmin, are not lost in consequence of adverse
enjoyment."
On the subject of obligations, many nice and important distinctions are obligations. made. A contract mav be null from being entered into under the influence of force or fraud, or by parties labouring under incapacity; and the judge is bound, on discovering the flaw, to "annul the whole transaction." For the same reason, "that plaint can have no effect, though it may be supported by evidence, which contains a cause of action inconsistent with positive law or with settled usage." In some cases, however, a contract, which might not of itself be legally binding, will be enforced. Thus in the ordinary case, when a debtor dies without leaving the means of paying his debt, his family are not bound ; but should it be proved that the money borrowed was expended for their use, then " it must be paid by that family, divided or undivided, out of their own estate." In like manner, " should even a slave make a contract for the behoof of the family, the master, whether in his own country or abroad, shall not rescind it." On the other hand, there are cases in which an oblicja- tion which might have been enforced ao-ainst the original obligant will not be binding on his representatives. For instance, money " idly promised, or lost at play, or due for spirituous liquors, the son shall not be obliged to pay." The same rule holds in cases of surety for appearance ; but " if a surety for payment .should die, the j udge may compel even his heirs to discharge the debt."
Bargains of sale or purchase, though completed by delivery, may be rescinded at the wish of either seller or buyer within ten days; but after that period
Vol. II. 102
