History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.208.5

v4.c63.208.5

where the mortgagee or pledgee mortgages or pledges the property or thing to another and hands over the former deed to his own creditor). The two branches of private documents (jānapada) are either *ciraka* or not ciraka; ciraka is defined as a document written by hereditary scribes residing in the capital, who are approached by the parties and bearing the signatures of the parties and witnesses and the names of their fathers (Saṅgraha q. by Sm. C. II. p. 59, Par. M. III. p. 127). Vide n. 437 above and Śukra II. 299-318 and IV. 5. 172-177 for definitions of these and other kinds of documents. But acc. to Vyāsa quoted by Sm. C. II. p. 59 private documents are of eight kinds viz. ciraka, upagata (a receipt), svahasta (written by the executant himself), ādhipatra, krayapatra, sthitipatra, sandhipatra, viśuddhipatra. Some works like the Vyavahārasāra (p. 69) and the Mit. write the word as *ciraku* and not *ciraka*. It was so called (viz. *ciraka*) probably because it was written on the back (of the bark of the birch or some other tree). If the proper word is *ciraka* then it was employed because being executed by scribes appointed by the king, it had validity for all time (*cira*) as compared with purely private documents. ‘Ciraka’ in this last sense seems to be equal to ‘sthānakṛta’ of other writers.