History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.208.1

v4.c63.208.1

VII. 2 divides documents into three kinds viz. those written before the king (i. e. by public officers), those bearing the superscription of witnesses and those without witnesses. The first is a document written in a state office by a scribe appointed by the king and bearing the signature of the head or superintendent of the office. This is just like the registration of documents in modern India. Bṛ.⁴³⁷ (q. by V. P. p. 141, V. May. p. 24) divides documents into three sorts viz. royal writing, writing made at a fixed place and that written in one's own hand. Nār. IV. 135 speaks of two kinds viz. one written by the executant himself in his own hand and that written by another; (the first of these is valid) without attesting witnesses, while the second requires to be attested. In the former no writer (lekhaka) nor witnesses are necessary, while in the latter both are necessary. Even now in India no deed concerning even immoveable property is required by law to be attested except mortgages and gifts. The author of the Saṅgraha, the Mit. on Yāj. II. 84 and several others divide documents into *rājakīya* (public) and *jānapada* (private or of the common people). The V. Mayūkha (p. 24) says that *laukika* and *jānapada* are synonyms and jānapada document is of two kinds viz. written by the executant himself in his own hand and that written by another, and that the first may be without attestation of witnesses, but the other must be attested. On Yāj. II. 22 the Mit.