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

S. XIV. 5-XV. 2 ] DISPUTE BETWEEN MASTER AND HERDSMAN 247
M. p. 181 ll. 6-23 ]
Neither the pitṛs nor the gods taste ( the offerings ) of that man who
demands back the corn destroyed by cows ¹
Thus ends the ( section on ) dispute between master and herdsman.
Now begins ( the section on ) boundary disputes.
Bṛhaspati ( p. 351 vv 5-6 ) states the means whereby boundaries may
be ascertained
Dry cowdung, bones, chaff, charcoal, gravel, pieces of stones hollowed
out, sand, bricks, cow's tails, cotton seeds, ashes—after having put these
things in jars one should deposit them underground at the ends of
boundaries.²
Yājñavalkya ( II. 152 ) states some special rules about witnesses in
this matter :
Or men from neighbouring villages, even in number, either four, eight
or ten, wearing red garments and garlands of red flowers and carrying on
their heads clods of earth, should trace ( or point out ) the boundary.³
Nārada ( p. 157 v. 9 ) says
One man⁴ single-handed should not settle the boundary, even though
he be confident ( about his knowledge of the boundary ). This decision
( about a boundary ) must be entrusted to many, since it is an affair of
importance

• Bṛhaspati ( p. 352 v 11 ) says
  In the absence of witnesses and signs ( of boundaries ) even a single
  upright man acceptable to both ( disputants ), wearing a garland of
  red flowers and a red garment and carrying a clod of earth on his head,
  adhering to truth and having kept a fast, may fix the boundary

1. The Vīr. (p 451) is careful to add that this applies to cows only at the time of s'rāddha
   2 The marks of boundaries are either patent ( prakās'a ) or concealed ( upāms'u )
   Vide Manu VIII 249 Wells, tanks, large trees, gardens, temples, mounds, beds of rivers—
   these are ( Br p 351 v. 3 ) visible signs and the verses in the text give the invisible ones.
   Compare Manu VIII 250-251 for a similar enumeration.
2. The boundary was to be settled by the evidence of witnesses properly so called ( a
   witness would be one who actually saw the boundary laid out ) Vide Manu VIII. 253.
   This verse says that in the absence of witnesses, sāmantas should settle it. 'Sāmantāḥ
   samagrāmāḥ' is explained by Mīt as 'neighbouring villagers even in number'. The
   words 'four, eight, ten' indicate according to Aparārka that two or six will not do, the
   Mit. does not support this view Vide Manu VIII. 258 about sāmantas being four and VIII.
   256 about red garments and garlands.
   4 Dr. Jolly translates 'pratyayavān-api' as 'even though he be a reliable person.'
   This is not correct The Mit. says that this verse applies where the single man is not
   accepted by both parties as an arbiter

• P. 222 (text).