WYAVASTHA-DARPANA." 1002 must not be annulled, and again performed by the adopter. Only, in order to obviate the fault of the tonsure having been previously performed, the adopter shall have to perform the puttresko, after which he must perform the spasayana and the rest, as the case may be. And to this, it is not customary to repeat the ceremony of tonsure, if once performed,—and when there is no such custom, it can by no means be repeated, even if there were an ordinance to that effect, for immemorial custom is the transcendent law, approved in the sacred scripture and codes of divine legislators, and wherever it obtains it supersedes. the general maxims of the law.” The word 'punak,’ used in the adove passage, is, therefore, a mere idiomatic particle, having no distinct meaning. It is not a matter of surprise that the learned gentleman, who could not actually know what the initiatory ceremony is, and was not acquainted with the mode of performing it, should have made such a mistake as the above; but it would, indeed, be a matter of astonishment, were it to be followed by the Ilindus. SECTION X. Meert AND DEMrs.It or Apoptris sons, in REFraence to Tito Natuus or Girt, acceptANcy, RELATION, Agk, FoRM, &c. HEAD FIRST, In reference to Gift:— 264. The son given in adoption by both of his natural parents, or by his father with the mother's consent, is the best; next to him is the son given by his natural mother with his father's consent; the son given by his father without his mother's consent ranks next to the above; the son given by his mother, when his father has died, quitted the order of a householder, or emigrated, is one inferior but valid. The adoption of the son given by his natural mother under any other circumstances, or by persons other than the natural parents, is invalid.t 565. Should the boy, to be adopted, be an adult, his consent is also requisite.f 506. The adoption of an only or eldest son, even as an absolute dattaka, is, accord ' See ante, pp. 803—805. f 8ee ante, p. 032. t To render the adoption valid and complete, it is necessary that the person adopted should assent, er, being aminor, be 蠶 by a competent party. On the subject of the legal ability to give a son in adoption, some difficulty exists in extracting a consistent doctrine. The more correct opinion appears to be, —lst, that the father may give away his minor son without the assunt of the mother, though it is more laudable that he should consult her wishes, 2nd, that the mother, generally is incapable of such gift while the father lives—3rd, that she, however, on her husband's death, may give in adoption her minor son, and even during the life of that person, in case of urgent distross and necessity, (see ante, p. 924.) A man, who had permanently emigrated, entered a religious order, or become an outcast, being civilly dead, would be regarded as virtually deceased—Sutherland's Synopsis, Head Scoond. Texts of law, indeed, are not wanting, prohibiting generally the gift of a son against his will; but it •eems a correct construction, that such texts merely refer to the adult son. A minor legally can have ao will-lkid, Nota VIII. legally Wyavasthá,
