_viz._,
pledging upon the guarantee of character, or, a pledge of religious
merit, he goes on to say--It is here laid down, that one who receives
on his word, _scil._ words ratifying a bargain of sale and purchase,
&c., for instance, receiving a gold ring, &c., as earnest, shall be
made to repay twice the value of the thing so given, on breach of the
contract: if the party depositing the ring, &c., break off the
bargain, he forfeits what he gave as earnest; if the other party break
off, he is to be compelled to refund double the value of the earnest
received by him.]

[Footnote 128: punishable as a thief. (_M._)]

[Footnote 129: to one of the family who is a fit person. (_M._)]

[Footnote 130: The Commentator implies, that where the usufruct has
done more than this, still the transaction is closed by return of the
pledge.]

[Footnote 131: Manu, ch. 8, sl. 180.]

[Footnote 132:90 ibid, sl. 189.]

[Footnote 133: _yachita_, _e.g._ ornaments, clothes, &c. lent on
occasion of festivals. (_M._)]

[Footnote 134: _anvahita._ We have followed the Commentator in
translating this indefinite term.]

[Footnote 135: This qualification too is the Commentator's. The term
used _nyasa_ is simply, a deposit.]

[Footnote 136: which are those given in the presence of (_i. e._
personally to) the depositee. (_M._)]

[Footnote 137: such as gold &c. given to be worked (_M._)]

[Footnote 138: _tapaswi_, the third in rank of the Hindu religious
orders.]

[Footnote 139: The four objects of living being, in the creed of the
Hindu, virtue, wealth, pleasure, and final liberation of the soul.]

[Footnote 140: Manu, ch. 8, sl. 62, 63.]

[Footnote 141: The terms used are _jati_ and _varna_ which are
somewhat ambiguous; but the sense is evidently as rendered, and is so
explained by the Commentator. Manu adds,--Women should be witnesses
for women, ch. 8, sl. 68.]

[Footnote 142: _i. e._ if the regular and more appropriate witnesses
are not available. (_M._)

After sloka 69 the Calcutta edition has the following:--Those learned
in the Vedas, ascetics, the aged, devotees, and the like, are
incompetent witnesses, because so declared by law; no other ground [of
incompetency] is assigned.

We do not insert this additional sloka for the reasons stated in note
[79] supra.]

[Footnote 143: of not less than eighty years.(_M._)]

[Footnote 144: possessed of devils. (_M._) The expression used by the
Commentator may be also translated--unde