পাতা:ব্যবস্থা-দর্পণঃ দ্বিতীয় খণ্ড.pdf/১৯৯

WYAW ASTHA-DARPANA. 846 On failure of the legitimate son, the son of the wife and the rest (as aforesaid) are ordained, to be an eleven-sold substitute. (D. Mim. Sect. I, § 52.) "On failure of the first respectively, in est the next with filial rights.” (Ká/iu purán.a.) –See Coleb. Dig. vol. iii. p. 155. Nervert heless, – 492 Of the several sons,—the son of the wife and the rest,-only the 19tstaka the son given ) c un at present be made a substitute for the otrasa son. ( See the notes below, and the note at page 21.) I. Of thes", however, in the pros nt age, all are not recognised. For a text recites:-" Sons of many descriptions, who were made by ancient saints, cannot now be adopted by men, by reason o' their deliciency of power :” and against those, other than the son given, being substitutes, here is a prohibition, in a passage of law, wherein, after having been premised, “The adoption, as soils of those other that the legitimate son, and son given,”—it is suijoined, “These iles, sages pronoun“, to be avoiled in the Ki/i age."+ --1). Ch. Sert. I. § 9. Mr Sitherland, iti Ninte No. s. to his Synopsis, says: ' { }n the subject of sous, to be affiliated in the Present age. the two texts of law quoted in i (“h. Srit, ; :), are usually cited. 'The term ' son given,” CCCLLLLLLL LL LLL LLLLLS LS SLLLSLLLLLSLL LLL LLL LLLLLLLL LLLLLLLLS LLLLL LLLLLL LLLLLS LL LLLLLLLC LLLLLLLLL LL s on taal. The րս//, Ամ-ր://rր վու- noાં a poor to be regard, d is a subsidiary son, and it is not unrea-tole to itser, that the affiliation of such son, would he valid in the pros at age. The term 'ourasa' or iott i nato son, occurring in the text noticed, might consistently he construcd as also indicatory of the pu *'rïû ·yru'/ »r. This twrn, is ns~tl tw dentitw a daught t'r aրլաiոtrd to be a son, the one appointed to raise up male ) issue, and the son of either. Jimmyralkyn, declares the juttriká-puttra to be equal to the real legititiate son, and llanu 1ro titld- that there is no difference between a són and an appointed Proghter, and a son's son and the son of such daughter’’. ‘on this it is so be remarked, that the son given f (ift);$t ) a:vt the • s, in male ( kri/rim ) h;ivini: hvwm differently enumerated ly Alanu, Jágnyarallya, a.: 1 :ılışı 1:.t ali the ı est o{' letti.slators, f,hv twrın ılırt/ırkot v:ın ntıt consistently be taken to comprehend also t'; sou inale, as in that case the separate use of the term krit,'ima would be quito useless and ឍg All to this, the Duttakit chandriksi, which is of paramount authority in Iłengal, after reciting the texts with tutorate the son inade separa!oly from the son given, prohibits the adoption of ally description of sons except the son given. As to the puttrikā-pustra. that description of on is concluded to have hon prohibited with the other sons, she being included minongst their by Jáynyaralya and the rest. T"rr* / 1 1 1 1 ná'ht, eiting Jímútur í hana, savs : Introducing thr appointed daughter into this disquisition Jiulu'arithina had variously discussed the subject. Since the appointment of a daught r ( to raise up, issue for her father ) is row forbidden, the argument is not here inkert for far of until to brarily *' largimg the book. (('/Jol). I)ig. vol. iii. pp. 403. 494 ) • 1}ut evem if lf. putirili juftg he not rockoued as one of the cleven subsidiary sons, still the appointment of a daughter as put/rikā-putra is repugnant to the intiwiłłorial custom of this age, which its if is transcendent law and supersedel, the general moxins of the law. Thus it is to be concluded that neither the kritrimn, nor the justriki put/ra, nor any of the other descriptions of sous, except the ourasa and lattaka, are at present lawful and current, at least in Bengal. The observations of Sir Thomas Strange and Sir William Macnaghten regarding the Joint in question are more accurate and clear. They are as follows:– “And now, those two, the 1, y lirth, Inphatically so called, (ourasa, ) and (dathaka) the Fen by adoption, twearing always the to given, are, & nerally speaking, the only subsisting ones allowed to be as a le of an: w it g the l l ; , , , t of to 14; the r xt, and all concerning them, being parts of ancient low. ni.d. ist t d to h; ten at 1 gated, as the cates "rase, at the beginning of the present, the Kali age. Sir. H. I. vol I, p. 6:3. In the present ago, two, or at the innel three, forms of adoption only are allowed, in these provincts; AAA SAAA LSLS SLLLSSLS0S LL LLL LLLLLLS LLLLL LLL LLLLLLLCCS CL LSLLL ttttggS SLLL LLL tttEL LS ttt SLS S 0S LLLLL LLLL ois wały in the province of Mithiii in striette s, p r'air, al dit n in this f nu hould te held to " bro: i, as thé affiliation of any but a n Holly to to a, or pivey, in adoption, is declared thrukto -hitt agreeably to a text of Priluspuis, indu morial usage Irgulites uny practice ; ישו: . וזי ייזי: ': : Masa H. L. vol. 1. p. 63. Authority &