Hindu Law and Custom (Recht und Sitte) c8.108

c8.108

Sureties, called Pratibhū "representative" or Lagnaka "bail" can be held responsible not only for the payment of a debt (*dāna*), but also for appearance (*darśana* or *upasthāna*), for delivering the debtor's assets (*rnidravyārpaṇa*), for delivering a pledge (gṛhītabandhopasthāna) and for reliability (viśvāsa or pratyaya), i. e. for the good conduct of the debtor or for his capacity to pay. In a law-suit (vāde), either for the complainant or for the accused, a surety may stand for the performance of an ordeal (divya, śapatha), for assurance (abhaya), i. e. protection against a sudden injury, or for a written document (lekhye kṛte). The first five kinds of sureties may eventually be held responsible for the payment of the debt, in which however the creditor has to proceed with utmost mildness and must allow respite.