V YA VASTHA-DARPAN A. ፴፮ ር As regards the Sudder Court's determination above alluded to, its defects will be known from the remarks upon it by Mr Sutherland. They are as follows: "The limitation of adoption to any particular age is thus over-ruled: but without presuming to question, as applicable to Bougal, the accuracy of the other two points of law, resulting from the decision referred to, there is no impropriety in expressing a doubt, whether they can be received as constituting a general rule universally decisive on the questions which they regard.—lst. Such rule would be at variance with the doctrines of the Iluttaka-Minánsá and Duttaka-Chandriks.-2nd. The authenticity of * he passage, attributed to the Kálikã-purina, on which the opinion of Jagannátia, and tbo pondits of the $odder Dewanny is founded, is justly denied, and is interpreted as admiting the adoption of one, although initiated in tonsure, by his natural father.”—Bynopsis, Head Second, § 8. Thus the decision in question, which professes to be applicable to Bengal, being at variance with the doctrine of the Dallaka-Chandriká, and consequently of the Bengal school, of which that work is the paramount guide, I do not know how it can be followed" in praetioe without nrting contrary to the long established doctrine of the country, Observing such discrepancies amongst the diserent authorities regarding the proper age for adoption, I have taken care to record the following Wyards/há in accordance with the doutrine of the 1/u//aka-Chandriká, as no syaraafhd repugnant to its lucirine can in this country be followed in practice, and the principles thereof have been unscrupulously and Judiciously adopted lor Bengał by all the European authorities. 544. The period for adoption of a boy of the Brähnana, Kshatriya, or Poishya caste is extended to his upamayana," and of the Shitdra caste to his marriaget I. If merely the rite of investiture be performed (by the adopter, the previous rites having been performed by the natural father,) the filiation of the son given, as "on of the adopter, is ompleted in conformity with the text of Washishta subjoined:—“Sprung from one following a different Shi Khá, (or branch of the Pedas,) the given son even, when invested with the characteristie thread, under the family name of the man himself, according to the form preseribed by his popular No. 1%, becomes participant of the duties of such Shākhá.”—D. Ch. Sect. II. § #.
- !?, ound inn is the investiture with the characteristic cord It is subsequent to the ceremony of chúrúkara na { tonsur“, ) which 器 tako place either immediately or some time before the "panayana For the , remoiiies, -re ante, p 651.
In the Duttaka-Chauirikā the period fixed for adoption is extended, with respect to the thro" •uperior tribe-, to their investiture with the characteristic cords, which ceremony in termed upanayana an 1 is subscquent to that f tonsure or chorákarana; and with respect to Shúdras, to their contra ting imarriage,~Mason, H. I. v y! I p. 72, The most general and consistent rule, which presents itself, is this. Any person on whom the alopter may legally perform the upanayana rite, is capable of being affiliated as a Datsuka Ron Syn, li 2 The subjoined appears to be the obstance of the doctrine in the Dattaka.('handriká, r suiting from the most abstruse part of the work. 1st. The most preferable object for adoption is one, for whose upanayana rite the prescribed principal season has not elapsed: the previous rit performed by the natural father are not be reuewed. Such son becomes filially related by the mere performance of the rite wn question, 2nd. Inferior as on ot) ' " of adoption is ntu", for the performance of the uponayana rite on whom, the principal season l te elapsed. In the case of such adoption, the sacrifice for inale ass-e must be observed, and the rites of tonsure, and the rest, he personned by the adopter on tł. ad pt-d -$utherland's Synopsis, Notæ XI * t Marriage is the only initiatory ceremony for a Shitdra ( ante, pp. 551, 558.) It being the resort *"utely necessary for a Shudra flopter to perform that ceremony in his own name, the period for adol tion of a Shudra boy is extended to the time of his marriage. 72 臀 Anti,orit y.
