History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.625

v4.c63.625

If the surety for appearance cannot produce the person at the time and place agreed upon, he should in that case pay to the creditor what he has bound himself to pay except where the debtor is prevented from appearing by act of God or of the king. But a period of a fortnight, a month or three fortnights at the most should be allowed to the surety to find out the absconding person⁷²⁹. If he can produce him within that time the surety would be free from liability (Kāt. 531, 532, Bṛ. in S. B. E. vol. 33 p. 327 verse 42). If the surety for appearance cannot (even after time is given) produce the debtor or the debtor dies then the surety has to pay from his own pocket the money due from the debtor (Manu VIII. 158 and Kāt. 532–33). All this is subject to the proviso of the act of God or of the king.