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

$\left.{l}S. VI. 10-VII 1
M. p.117 l.30-p 118 l.12 \right]$ DEPOSITS 225
'Kārmike' means 'in working figures of the svastika and the like
with fine silken thread on cloth already woven'. If something was deli-
vered to an artisan (for being worked up) and a time was fixed (at the
end of which the finished article was to be delivered) and (the owner of
the raw material) made a demand before the time fixed had elapsed, the
artisan would not be liable even if the article were lost when not returned
on demand. The same author declares this
If an artisan (after the owner of raw materials made them over to him)
for a particular purpose or after fixing a time (for delivery of the finish-
ed article) were requested (to return the materials) when the article
was only half finished, he (the artisan) is not to be made to deliver the
article or its price because (the finished article) was not obtained
(through act of God or king)¹
The reverse of this is laid down by the same author
When the time (fixed) has elapsed and the purpose is served, if the
artisan does not deliver it though requested, he would have to pay the
price, if the article be destroyed or stolen

• The same author says
  He who having taken a yācitaka (loan for use) does not deliver
  it even on demand should be restrained and forcibly made to return it
  and fined if he does not return.²
  Here ends the section on deposits.
  Now begins 'sale without ownership'
  Vyāsa says:
  What is borrowed for use or what is entrusted to a man for being
  delivered to a third person or a deposit or the wealth of another that is
  stolen–when these are sold behind the back of the (true) owner, it is known
  as sale without ownership.³
  Kātyāyana says

1. This and the following two verses ascribed to Yāj. here are not found in the printed
   text of Yāj. and are ascribed to Kātyāyana by other writers. The Sm C. and Vīr hold
   that this verse and the next apply to yācitaka and explain them differently, vide notes
   to V. M. pp. 355--356. Compare section 159 and 160 of the Indian Contract Act.
2. The lender had not to resort to the several means of persuasion &c. as in the case
   of a debt, he could at once resort to bala and if the borrower did not deliver even then the
   king would fine him.
3. 'Sold'—this includes a gift and a mortgage.

• P. 195 (text)
  V. M.29