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Hindu Law and Custom (Recht und Sitte) c8.198

Hindu Law and Custom (Recht und Sitte) c8.198

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c8.198

applicable; in 8, 218 ff. he briefly describes the punishments for transgressing the rules of a corporation. On the other hand in Nār., Y., Bṛh. and other later works the laws of trading associations are exhaustively discussed and from these discussions, which are based on foundations much more real than the theory of the four Varṇas, a very interesting side-light into the development of the castes may be obtained. Everywhere warning is given against combination with incapable, sick or inactive persons; one should combine only with noble, clever, active, enterprising, honourable and experienced men. The division of the profit in a trading company should take place according to the capitals laid out and the expenses and actual losses too are to be divided in the same manner. He however who injures the company through negligence or arbitrary actions will have to pay compensation. On the other hand he who has saved the property of the company from a danger by dint of his own activity, e. g. by repulsing an attack of robbers, shall receive 1/20 of the property thus saved as extra remuneration. Companies for the cultivation of the soil must be particularly careful in selecting a proper piece of land and powerful beasts; the partner who is guilty of the loss of cattle or the produce in corn must make it good to the other partners. If an apprentice, a comrade, an expert and the master work together in a craft, the profit will be divided in the ratio of 1: 2: 3: 4, that is, exactly in the proportions laid down by M. for sacrificial priests as mentioned above. Freebooters and robbers too shall divide their booty in the same manner. Among masons, tank-diggers and tanners the leader or the master shall have a double share and the leader among musicians gets 1 1/2 shares (Nār. 3, 2-7; Bṛh. 14 1-32; Katy. 13, 1-6¹ etc.).

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