VYAVAŞPÑA':f}A;RPANA.. 631 CHAPTEB y. on substraction of what HAS BEEN given. This is the fifth of the eighteen titles of (our) law it comprises the four kinds of alienatigns, which are thus declared by NA-RADA –“ In civil affairs, the law of gift in four-spla; who may or may not be given (i. e. what is a fit or unfit gift.) and what is or is not a yբlid gift.” See Coleh Dig vol. II, pp. 94, 95. - whAT is REQUIRED Fort THE VALIDITY OF A GIFт. 360 For civil purposes all that is required to render a gift valid is , the proof of the donor's having power to make such gift and of his being of a sound dis posing mind when he made the gift.” “Let the acceptance be public (a), especially of immovable property: and delivering what may be , given and has been promised, let not a wise man resume the donation.” JA on YAvALKYA. (a) “Public;”—i.e. in the presence of ; let him so act that he may not afterwards say, ‘this was not given by me,’ but intrusted for use. Coleb. Dig. vol. II. p. 160. “Evidence is said to -consist of written proof, possession, and witnesses. In the absence of all these, one of the divine tests is presetited.” Ja'unyaval,KYA, cited in the Mitakuhara’. See Maen. H. L. vol. I. p. 195. - “Land is conveyed by six formalities, by the assent of townsmen, , of kindred, of neighbours and of heirs, and by the delivery of gold and of water.” Although it is ordainca by this text ahew to taaka a gift-otsland, yetithat, regards a donation for religious uses. t 361 A-gift by word of-mouth is as good as a gift by a deed. g *Inasmuch as a deed is nothing but a proof of the gift made. And as a written gift is estaoblished on proof of the deed of gift, so a verbal gift is established on proof of the donor's declara tion to that effect. - - soon civil purposes, a written contract of gift is proper; in the want,of that, the donation *o*l&be attested. ' Vide*öleb. Dig. vol. II. p. 160.
- The authorities &c. for this, will be subsequently given.
Vyava•thá Wyavasthá
