VYAWASTHA.DARPANA. 936 sufficient that the adopted be of the same general caste with the adopter, that is, one of the four general castes or classes (the Brákman, Kshatriya, Poishya, and Shudra ; ) but he and the adopter must be of the same special caste which is derived from any one (or two) of the general eastes: then indeed is the adopted of the same easte with the adopter, and his adoption valid.* Although all of the present tribes are not recognised in the law, yet as they are based upon 1stom, they must a sortiori be held as rocognised by the law also, custom being the transcendent ław and supersoling the general maxims of the law.f—Consequently, if the adopter be of any dotivative caste formed and founded upon the eustom of his county, the son to be adopted by hou should also le of the same identical caste and not of any other caste, (though such latter rast, may have been derived from the same general easte.) (i) Vof the only son’—that is, the boy to he adopted is be one of many sons of his father, -because, the father of an only son is prohibited to give his son in adoption, and locause, a father who has sever il sons being alone allowed to give a son of his for adoption, 4 father of two sons is also prohibited to make a gift of one of his sons." But,-- 5] S. Although a father having two sons is prohibited to give one son in adoption, yet the adoption of a boy having an only brother is seen in practice : and it is not declared invalid by the courts of justice." By parity of reasoning,< 519. The wounger of two sons, who has not his elder brother but has his son - .ས་ཁ༤༥ } in existence, may also be adopted.” As in that case, he is not without a brother, his brother's son supplying the place of the brother deceased, in conso touce of the term ‘son’ meaning issue as far as the great grandson in the male line.**
- See ante, p. 922 ; 1), Mim Seet. II, § 21; I). Ch. Sect. I Ś 13, 15, 16; Mach. vol. I, pp. 78, 75 * Seô ante, p. 289. f See the section treating of the different castes,
§ spe ante, pp. 924-926. * See ante, p. 02G. Macm. II L, vol. I, pp. 66, 67,77 ; Str. H. h. vմ 1 րի 73, 75.
- Macn. II. 1, vol. I. p. 77. Ante, p. 926, note.
§2 Vy:ivaat h:i
