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

S. VII. 10-VIII. 1
M. p. 120 l. 25-p. 121 l. 9 ] FINDING OF TREASURE 229
The king having himself found a treasure¹ should give half of it to
brāhmaṇas; but a brāhmaṇa ( finding treasure ), if learned should take
( appropriate to himself ) the whole, since he ( learned brāhmaṇa ) is
master of everything When a treasure is found by anyone else, the king
should take a sixth part of it;² one who does not inform the king of the
find should be made to restore ( the treasure to the king ) and also pay
a fine.³
But when anyone proves by some distinctive mark or weight or other-
wise that the treasure ( found ) is his, then the king should deliver it to him
after giving a twelfth part to the finder and after taking a sixth for himself,
as Manu ( VIII 35 ) says :
When a man avers truthfully and says ' this is mine ', the king should
take a sixth share from him and a twelfth also.
*The twelfth share is for the finder On the subject of property stolen by
thieves the same author ( Manu VIII. 40 ) says
Property stolen by thieves must be restored by the king to the owner
to whatever varna he may belong, if the king appropriates it to his use
he incurs the sin of the thief ⁴
Where the king is unable to recover property ( from thieves ) Krsna-
Dvaipāyana ( Vyāsa ) says .
If unable to recover property stolen by thieves, the king when so
powerless shall make it good from his own treasury ⁵
Here ends the discourse on sale without ownership.
Now begins the section on joint undertakings ( or concerns ).
Nārada ( p 124 v. 1 ) says
Where traders and others carry on business ( or transactions ) jointly,
that is declared to be a joint concern, which is a title of law

1. Nidhi means a treasure buried in the earth. Compare Manu VIII. 37 for a
   proposition similar to ' he is master of everything '
2. The Mit interprets this part differently as ' the king should give a sixth part to
   the finder ' ( other than a brāhmaṇa or king ) and keep the rest for himself. The Mit.
   quotes Vasistha III 13 in support Vide Gautama X 43-45 The interpretation in the
   text is more natural and follows Aparārka.
   3 Compare the Indian Treasure Trove Act ( VI of 1878 ) sections 4, 10-12, 20 with
   these rules
3. Compare Yāj. II 36, Gautama X. 46, Visnu III. 66,
4. Compare Gautama X. 47, Viṣṇu III. 67.

• P. 200 ( text ),