98 HISTORY OF INDIA. [Book IV.
A I). — become so absolute, that the party attempting to rescind is subjected to a fine. It may happen that a seller is not the true owner. If he was aware of the
Sale and fact, lie is of coursc to be treated as a thief; but what becomes of the sale? The
puroias*. i^yygj. jjjj^y jjave pald full value, and been totally ignorant of the tlieft. Ought he in that case to be the loser? The question is one of some nicety, and is thus answered: — The purchaser, if he has bought "in open market," and "paid the price," is entitled to "the absolute property," provided he produce the seller; but if the seller is not produced, the purchaser, on proving the public sale, only escapes punishment, and the property returns to the original owner. In treating of bargains not fulfilled in terms of the agreement, some curious cases are men- tioned. One of these is: — "After one damsel has been shown, another is offered to the bridegroom;" the decision is, that " he may become the husband of both for the same price." Another case of a similar nature is that of " a kinsman who gives a damsel in marriage," without having " told her blemishes."
Hiring. X third case is that of a hired servant or workman who " fails to perform his work according to his agreement." If the failure is owing to indolence, a fine shall be inflicted, and the wages or hire shall not be paid. On the other hand, if "he be really ill, and, when restored to health, shall perform his work according to his original bargain, he shall receive his pay even for a very long time."
Master and The title relating to master and servant is very meagre, being confined
fid* V Am t
almost entirely to questions " arising from the fault of such as own herds of cattle, and of such as are hired to keep them." The general rule is, that " by day the blame falls on the herdsman, and by night on the owner," if the cattle are kept at home, but " if the place of their food and custody be different, the keeper bears the blame. As a specimen of the way in which the rule is applied, the following case may be mentioned: — "A flock of goats or of sheep being attacked by wolves, and the keeper not going to repel the attack, he shall be responsible for every one of them which a wolf shall violently kill ; but if any one of them, while they graze together near a wood and the shepherd keeps them in order, shall be suddenly killed by a wolf springing on it, he shall not in that case be responsible." uomidarics. Qu tlic subjcct of boundarics nothing of much interest occurs. The thing
most necessary is to fix boundaries at first in such a manner as to make it almost impossible to mistake them. With this view they ought to be marked both above and below gi'ound ; above by natural objects, as streams and lakes, or artificial objects, as pools and wells, temples, planted trees, and earthen mounds ; and below by " large pieces of stone, bones, tails of cows, bran ashes, potsherds, dried cow-dung, bricks and ashes, charcoal, pebbles and sand, and substances of all sorts which the earth corrodes not even in a long time." In the event of a contest between two villages, such marks, and "long-continued
possession," may enable the judge to find the limit ; but "should there be a doubt,"
