Hindu Law and Custom (Recht und Sitte) c10.43

c10.43

§ 48. *The court expenses appeal and wager.* Not only the numerous and considerable fines (*daṇḍa*) were a lucrative source of income to the kings and their judges but fees too were imposed on the defeated party to meet the expenses of the court. Thus according to Vi. 6, 20 and Y. 2, 42, fees to the amount of 10 and 5 per cent. of the disputed sum had to be payed by the debtor and the creditor respectively. The fines which a complainant or an accused or one who performs an ordeal has to pay if convicted of treachery, is equal or twice the disputed sum (Y. 2, 11; M. 8, 59; Nār. Quot. 6, 86). According to another view indeed only the debtor has to pay a fine, which is doubled if he denies the debt and is then convicted (Nār. 1, 133; M. 8, 139 etc.). Also the Brahman who prescribes the penance for a murder receives a bull as his fee (§ 44). According to other texts, which Raghunandana 226 quotes, the Brahmans who prescribe a penance shall receive from him who performs it, a milch-cow, a bull or at least some trifle. Whether the king's judge received any fixed salary (*vṛtti, nibandha*) over and above the court fees, has not been expressly mentioned; yet however, analogy with the executive officers, who also exercised judicial functions suggests it (M. 7, 118 f.). The court fees are higher in the case of an appeal. He who thinks that the verdict given against him is unjust, may demand a renewal of the law-suit, but must bind himself to pay twice the fine decreed by the first verdict in the case of a defeat; if he is victorious in the second suit this poena dupli (double fine) is inflicted on his opponent and at the same time on the unjust judges (Y. 2, 4, 305 f.; Nār. I, 1, 65 f., cf. Bṛh. 6, 5 f.).