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

228 VYAVAHĀRAMAYŪKHA [ S. VII, C. 10
[ M. p. 119 l. 20-p. 120 l. 14
'Niveśaḥ in (Marīci) means ' the residence of the vendor Nārada
says
One should enjoy what is permitted (by the real owner) whether
women, cattle or land but he who enjoys without being offered (or per-
mitted) should be made to pay the profit of such enjoyment

• Uddiṣṭam means permitted bhuktabhogam means hire (or
  profit) in accordance with the enjoyment Yājñavalkya (II 178) says
  The owner of a thing that was lost or stolen and was brought to the
  king by the toll-gate keepers or by guards shall recover it (from the king)
  within one year after that the king shall take it ¹
  As regards what Manu (VIII. 30) says
  The king should keep in his custody for three years property the owner
  of which has disappeared (or cannot be found) the owner can take it
  (at any time) within three years beyond three years the king may
  retain it
  that refers to property of which a brāhmaṇa learned in the Vedas is the
  owner The same author (Manu VIII 33) says
  The king remembering the righteous conduct of the good should take a
  sixth tenth or even a twelfth part of property which had been lost and
  was then found (by the king or his officers) ²
  Here in the first year (the king) should give up the whole of the pro-
  perty in the second year he should take a twelfth share and then give up the
  property, in the third year a tenth part in the fourth year and the rest a
  sixth. The words beyond (three years) the king should retain it are
  meant only to permit the disposal of the thing after three years if the owner
  does not come (within three years) If the owner comes, it must be re-
  stored to him even if disposed of This is what the Mitākṣarā says. This,
  however holds good only if the owner be unknown but when there is
  certain knowledge so and so went away forgetfully leaving this property
  then he recovers it even after three years and the king also has no authority
  to dispose of it. But he may take a certain portion for himself (for safely
  keeping the articles) Yājñavalkya (II 174) mentions the remuneration
  (or wages) for guarding for a day animals belonging to another that were
  found straying
  (The owner of straying animals) should pay four paṇas if the animal
  be of the species with single hoofs, five for human beings, two paṇas for
  a buffalo camel and cow and one fourth of a paṇa for goats and sheep.
  But what was consumed by them must be paid for besides (the above)
  On a treasure being found Yājñavalkya (II 34-35) says

1. Compare Gautama X. 36-38.
   2 Various explanations are given as to when a sixth, tenth or twelfth share was to
   be taken. Vide notes to V M. p 301.

• P 109 (text). ‡ P 120 (text)