VYAWASTHA-DARPANA. 868 his duty not to give such permission without providing for such contingency. Mut is, instead of doing so, he gave such restrictive permission, then he is in fault if the olject of adoption be thus defeated.—But if the husband's permission was a general one, namely, to adopt a son without mention whether or not she could adopt another, in the event of the adopted sun's dying without a son, then she seems to have power to adopt another in his انى':Id, the meaning of her husband's permission in such case being that the olject of having a begotten son must l, fulfilled by the substitute for such son; so, one adopted son failing by death to fulfil that object, it is eertuinly implio 'nt aather substitute should be takel, in order that the osofuie, of the husband and his forefathers may not cease and the celesstial hliss he forfeited.” 50. The husband can authorise his wife to adopt a son, only when he is unable himself to do so.” 50s. A verbal authority to adopt is as valid as a written authority.f Inasmuch as tither of them, when sati factorily proved, is sufficient for the purpos c. 507 A writing is not also indispensibly necessary for giving or receiving a son in adoption. As the fact could be established by oral as well as documentary evidence. 508 A wife can adopt a son under the authority of her husband, and not otherwise.} • It is natural for ev'ry person to expect an hoir, so long as he has life and health ; and hence it is nsual for persons, when attacked by illness, and not before, to give authority to their wives to adopt, Macn. H. L. vol. l. pp. El 100, -
- The authority to the V idow need not be in writing, though it gonerally is so as in prudence it ought to he, time and means existing in the case of the Zeninist, of llajxhihy. another case I viz Shámchunder versus \'áráyaaí Dohi, a verbal one for the was hold the Sudder Dewanny Adawlut of Bengal,--Str. H. L. vol. I, pp. 68,09. לא
7 A written authority is doubtless not indispensable.—Colebrooke's Renari. See Str. H. L. vol. II р, 72. t See Maen, H, I. vol. II. pp. 176, 177. § As the husband's kindred may authorise the widow to make an adoption (see note to Miłłksh on Inh Ch. l. Seet. XI. § 9. ) wherever the authority of Tijnyáurstrura and Mayúkha. and works of the su: schoo! is followed, her son's sanction would no doubt he sufficient. It is otherwise in Bengal #40 sanction but the husband's cam avail.-Coleoruoke's reinark apud Str. If. I,. vol. I 1. 19. f Հ. "According to the authorities which are followed in Bengal and Benares, a woman is competent Vyawusthur. Vyuvnstha'. Reason. Wyawaetha', Ivea: Wyawanthar
