Chapter 25

The Document

A document is said to be of two kinds: written by one's own hand and by another. It can be without witnesses or with witnesses; their validity depends on local custom. // K_249 //

That which is written by the acquirer in his own hand and is without witnesses should be known as a document written by one's own hand; it is held by the wise to be a means of proof. // K_250 //

One should have written down the origin, caste, and name, as well as the amount of the wealth. If one remembers it thus, the matter is lost if unwritten. // K_251 //

A document should be made with witnesses, with an uninterrupted sequence of letters, in accordance with the customs of the region, and complete in all its parts. // K_252 //

A document that is endowed with proper letters, sentences, and action, is unambiguous, has clear letters, and is without missing sequences or marks, attains validity. // K_253 //

The established custom of learned Brahmins, cities, guilds, assemblies, and citizens—a document made to validate this would be a document of convention. // K_254 //

When people have been cleared of an accusation and have performed the prescribed penance, the document of purification, accompanied by witnesses, is to be known as given to them. // K_255 //

When an accusation has arisen among all the best people, the document that is a record of the events is to be known as a document of agreement. // K_256 //

When a boundary dispute has been settled, a document of boundaries is prepared. // K_257 //

A document bearing the king's own signature and marked with his seal is held to be a royal document, with witnesses in all matters. // K_258 //

The statements of the plaintiff and defendant, the plea, the testimony of the witnesses, and the decision on it, as well as how it was determined by oneself... // K_259 //

...all this should be entered into the document word for word, in the original order. The statements of the plaintiff and the accused should be entered first. // K_260 //

Then, the decision of the assessors, the Chief Judge, or the family councils should be entered. The opinion of the Smṛti scriptures should also be written therein. // K_261 //

The plaintiff, having been honored, should be joined with the established object of his claim. The king should then give him the document bearing his own signature. // K_262 //

And those assessors present there who are learned in the Smṛti scriptures should likewise have their own signatures placed there according to the rules for documents. // K_263 //

The wise know this procedure as a subsequent document. A subsequent document is made where the proof has been rejected by the plaintiff with evidence, but it is not prescribed in all cases. // K_264 //

To others than those defeated for changing their plea and so on, it is given. That which is established as a record of the proceedings shall be a document of victory. // K_265 //