व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

S. VI. 3-6 ] DEPOSIT 223
M. p. 116 l. 11-p 117 l. 2 ]
makes a living (by the use of the deposit) he should be fined and made
to return the deposit with interest
'Ājīvan' (in Yāj) means 'subsisting by enjoying it, or by letting
it out at interest,' 'udayah' means 'interest'. Kātyāyana mentions a special
rule about interest:
A deposit, the balance of interest, purchase and sale—these if not return-
ed (or paid) when demanded bear interest at five per cent (per month).¹
Manu (VIII 192) says:
(The king) should inflict on a depositary who denies (or conceals) a
deposit a fine equal to it (in value), specially so should the king (fine
one) who conceals (or denies) an upanidhi (deposit of a sealed box &c)

• Bṛhaspati (p. 333 v. 10) says
  If a deposit were to be destroyed together with the goods of the bailee
  through the adverse act of fate or the king, then no blame attaches (to
  the bailee).
  Yājñavalkya (II 66) says:
  (The bailee) should not be made to return what was carried away (or
  lost) by fate, the king or thieves²
  Manu (VIII 186) says
  A depositary who of his own accord returns (the deposit) to the near-
  est (relative) of the deceased (depositor) should not be proceeded against
  by the king nor by the relatives of the depositor.
  'Pratyanantaraḥ' means 'the nearest'. The meaning is that he
  (depositary) should not be proceeded against (or harassed) for more in the
  absence of evidence Bṛhaspati (p 334 v. 15) extends all these rules about
  nikṣepa to other matters also:
  This same law is declared in the case of a bailment for delivery (to a
  third person), a loan for use, an article delivered to an artisan (for
  being worked up), a pledge, a person who seeks protection.³
  'Anvāhitam' is that which is handed over to another person with the
  words 'so and so deposited it with me and you should deliver this to him';
  'yācitaka' is an ornament or the like borrowed on the occasion of a marriage
  or the like for show; 'śilpinyāsa' means 'what is made over to a gold-
  smith or the like for being made into an ear-ring or the like'. Nārada (p.
  123 v 14) also says:
  ‡The same rules apply in the case of yācita, anvāhita and the like and
  in deposits with artisans, in nyāsa and pratinyāsa

1. This verse occurs above (text p. 169 and translation p 199)
2. The mention of fate and the king is illustrative of every calamity that is irremedi-
   able or irresistible.
   3 'Bailment for delivery' where A makes a deposit with B and B hands it over
   to C for being delivered to A, this is anvāhita. Vide Mit. on Yāj. II 67.

• P. 192 (text). ‡ P. 193 (text).