VYAVASTHA”.IDARPANA. ᏮᏮ8 It should not be objected, that presents for religious purposes are (subject to) civil cognizance; else how could the king compel delivery The gift alone is religious; delivery is a matter of civil (cognizance.) Then (the law concerning) what may not be given and the like, should be admitted in the case of gifts for religious purposes? Coleb. Dig. Vol. II. p. 175. 377 In the case of wages, should an excessive amount be promised by a man in extreme distress, it shall not be delivered. Ibid. p. 79. “But if the reward be thus offered, ‘I will give all my property to him who saves me from this danger to which my life is exposed, it shall not be so (given.) " Ibid. p. 178. Danger of life is mentioned, to denote extreme distress Ibid. p. 179. 378 In fact, should a man, during a conflagration, or during the sickness of his son, or the like, promise all his wealth to the person who shall save him, that promise is not valid; but it is reasonable that the gift should be great in proportion to the benefit conferred. Ibid. p. 179. f 379 It must also be considered that, the resumption of an excessive gift being shown where it has been promised but not delivered, the donor has an equal right to recover it, even though it have been actually delivered. Ibid. p. 179. If any litigant party, being distressed, should in any instance promise, or actually give, an excessive fee to an umpire, the excess above the sixth part of the value in dispute may be resumed; deducting a sixth part (of that value) from the amount promised (or paid,) he may recover the remainder even through the intervention of the king. Ibid. p. 179. This is intimated by Ji-mutavashana (in the Dayabha-ga,) and staghunandana who in explaining the text of Kataoyayana respecting wealth acquired by science, “what has been received as a gift from a pupil, as a gratuity for the performance of a sacrifice, as a fee for answering a question in casuistry, for ascertaining a doubtful point of law,” mention the sixth part or the like which is received for well ascertaining (the point referred by) litigant parties, who apply for an explanation of the law. Ibid. pp. 179, 180. Vyawas thá W yawasthá Wwavasthá
