History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.699

v4.c63.699

Yāj. II. 67, Nār. V. 14, Bṛ.⁷⁸² (S. B. E. vol. 33 p. 334 verse 15) extend these rules about *nikṣepa* to other kinds of bailments viz. to *yācitaka* (an article such as an ornament borrowed from a man on a festive occasion), *anvāhita* (what is handed over to a third man and is the property of another and has been pledged with a man), nyāsa, upanidhi, *śilpinyāsa* (giving an article such as gold to an artisan like a goldsmith for preparing an ear-ring or the like), *pratinyāsa* (mutual deposit). Some of the rules about yācitaka are stated above (pp. 426-427). Kauṭ.⁷⁸³ III. 12 states that a *yācitaka* or *avakrīta* (lent on hire) article should be returned in the same condition in which it was received. If lost through act of God or king or through theft (after taking proper care) the depositee would not be liable. Kāt. (610) provides⁷⁸⁴ that he who having taken the loan of an article for use does not deliver it even on demand should be restrained (by the owner) and forcibly made to return it and fined by the king if he does not return it; he should be made to pay the price with interest (if the thing be lost after demand). If the loan of an article was taken for a specified period or for a particular occasion or purpose and a demand for return be made in the middle and the article is not returned when demanded, the person taking the loan would not be made to pay the price: but if a person who has taken on loan an article does not return it after the period fixed has expired or the purpose is served, the borrower must offer to the owner the price if the article be destroyed or lost and if he does not return even after demand (when the period has ended) the borrower would have to pay the price with interest.