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NINTH TITLE OF LAW.

RESCISSION OF PURCHASE.

* 1. When a purchaser, after having purchased an article for a (certain) price, repents (of the purchase made by himself), it is termed Rescission of Purchase, a title of law.

* 2. When a purchaser, after having purchased an article for a (certain) price, thinks he has made a foolish bargain, he may return it to the vendor on the same day, in an undamaged condition.

3 When the purchaser returns it on the second day (after the purchase has been made), he shall lose a thirtieth part of the price. (He shall lose) twice as much on the third day. After that time, the purchaser is bound to keep it.

* 4. The (intending) purchaser shall first examine an article (before purchasing it), in order to find out its good and bad qualities. That which has been approved by the purchaser after close examination, cannot be returned to the vendor.

* 5. 5 Milch cattle may be examined for three days; animals of burden, for five days; and in the case of precious stones, pearls, and coral, the period of examination may extend over seven days.

* 6. Bipeds shall be examined within half a month; a female, within twice the same (space of time); all sorts of grain, within ten days; iron and clothes, within a single day.

* 7. A worn gown, which is in a ragged condition and soiled with dirt, cannot be returned to the vendor, if it was in that blemished state at the time when the purchase was effected.

* 8. 8 Wearing apparel loses the eighth part of its value on being washed for the first time; the fourth

11 Gold is not injured at all (by such treatment). On silver, the loss amounts to two Palas in the hundred. On tin and lead, the loss is eight Palas in the hundred.

* 12. On copper, as well as on utensils made of it, the loss should be known to be five Palas (in the hundred). As for iron, there is no fixed rule regarding the loss arising on it, because it is different in nature from the other metals.

13 The loss and gain arising from the preparation of cloth shall be stated (next). On yarns made of cotton or wool, the increase of value amounts to ten in the hundred.

14. (This rule has reference) to large tissue (only). In the case of (tissue of) middle size, five in the hundred (is gained). In the case of very fine tissue, the gain is said to amount to three Palas in the hundred.

15. In the case of cloth made of the hair of an animal, and of embroidered cloth, the loss amounts to one-thirtieth. In the case of silk stuff and of cloth prepared from the inner bark of trees, the gain is the same (as the loss in the preceding case). Nor is there any loss (in these cases).

* 16. 16 A merchant who is acquainted with the qualities of the merchandise (he deals in) must not

Footnotes

150:3 IX, 3. 'He shall lose a thirtieth part,' he shall give one-thirtieth part more than the stipulated price. 'Twice as much,' i.e. a fifteenth. See Colebrooke's Digest, III, 3, 5.

150:5 5, 6. 'For three days,' including the day of purchase. The terms 'for five days,' &c., have to be interpreted in the same way. 'Milch cattle,' such as e.g. female buffaloes. 'Animals of burden,' such as e.g. young bulls. 'Bipeds,' males, i.e. male slaves. 'Twice the same space of time,' a month. 'A female,' a female slave. Vîramitrodaya, pp. 433, 434. Manu VIII, 222; Yâgñavalkya II, 177.

150:8 8, 9. When apparel has been given to a washerman to be washed by him, he is bound to make good the value of that 151:11 11, 12. The value of gold is not diminished on its being heated in fire. Therefore, as much (gold) as has been delivered to a goldsmith for making a bracelet and the like, thus much shall the goldsmith restore after having weighed it. Otherwise, he shall be compelled to restore the loss, and to pay a fine. When silver, a hundred Palas in weight, is heated in fire, the loss amounts to 152:13 13-15. When a blanket or the like is made of coarse woollen thread, the increase must be considered to amount to ten Palas in the hundred. The same rule applies in the case of cloth and the like made of cotton thread. In the case of cloth and the like of a middling quality, i.e. which is not made of very fine thread, the increase amounts to five Palas. In the case of cloth made of very fine thread, the increase is three Palas in the hundred. All these rules apply in the case of washed cloth only. That is called 'embroidered cloth' (kârmika or karmakrita) where a circle, Svastika, or other (figure) is worked on woven cloth, with coloured yarns. 'Cloth made of the hair (of an animal)' is where hairs are joined so as to form a piece of cloth or the like. Mitâksharâ, pp. 265, 266. Manu VIII, 397; Yâgñavalkya II, 179, 180.

152:16 'He must not annul a purchase,' he must not repent of it. 'He must know' before concluding a purchase, the 'loss and gain on merchandise,' such as horses or others, i.e. the diminution of