Chapter 51

The Rule of Sureties

For payment, appearance, in disputes, for trust, and for an oath, one should have a guarantor appointed, as is appropriate in each case. // K_530 //

A surety for appearance who does not produce the person at the specified place and time shall have to pay the amount of the bond, except in a case caused by an act of god or the king. // K_531 //

For the search of a person who has disappeared, a maximum of three fortnights should be given. If he produces him within that time, the surety shall be released. // K_532 //

If, after the time has passed, the surety does not produce him, he shall be made to pay that amount; this same rule applies in case of death. // K_533 //

Where one has stood as surety for another's appearance, having taken a pledge, if the father is absent, the son shall be made to pay that debt from it. // K_534 //

The man who stands as surety for another's appearance here, if he does not produce him, he shall pay the debt from his own wealth to that person. // K_535 //

The first two (sureties for appearance and trust), if they fail, are liable to pay the amount reported at that time. The latter two (for payment and oath), in case of default, they and also their sons are liable. // K_536 //

A son should pay the entire amount for one who has taken refuge under the same roof and has gone abroad. After the father's death, he is not liable for another's debt, says Bṛhaspati. // K_537 //

Of those who have entered under one roof, he who is seen there is liable. If he has gone abroad, his son is liable for the whole amount; if he is dead, the son is liable for the father's share. // K_538 //

He who, as a surety, pays a debt, being hard-pressed by the one for whom he stood surety, is entitled to receive double that amount after three fortnights. // K_539 //

Whatever was paid by one for another, according to the rule, having been requested, and proven by witnesses, the surety shall recover that amount. // K_540 //

In case of breach of a solemn promise, one should make him pay double. If he does not do it, the loss of that thing is the purpose of a solemn promise. // K_541 //