Hindu Law and Custom (Recht und Sitte) c8.93

c8.93

At the payment of a debt as well as at the time of giving back a deposit (§ 30) the same forms are to be observed as when launching on them (Vi. 6, 1). Therefore if it was contracted orally or with written documents before witnesses, the same witnesses must be present also when it is paid back (Vi. 6,24 ; Y. 2,94). If a written contract had been made, as was usually the case at least in later times, the creditor must give it back or tear it or give the debtor an acquittance ; part payments too must every time be noted down on the back of the bond of debt, or if it is not at hand, a special acquittance must be given for them (Vi. 6,25 f. ; Y. 2,93). If the creditor refuses to give acquittance for a sum which has been paid he will forfeit the rest of his dues, and moreover the amount which has been paid to him but for which he has given no acquittance begins to accumulate interests for the debtor as it had till then done for the creditor (Nār. 1,115). Accumulation of interest stops if the creditor does not accept the offered payment (out of greed, in order to get further interests, according to the commentators) ; yet according to Y. 2,44 this happens only when the debtor deposits the money with a disinterested party. Among several concurring demands, according to Kāty.¹, the oldest one is to be satisfied first ; exception however should be made in favour of the demands of a Brahman or a king which shall be satisfied before all others. The Brahmans appear to be favoured also in another way; after the death of a creditor of this caste the debtor shall pay back the debt not only to his descendants or near or more distant relations, but shall pay it to other Brahmans on failure of such relations and if Brahmans too cannot be found, it should be thrown into water (Nār. 1, 112 f.). About the recovery of debts see § 53.