VYAVASTHA'-DARPANA. 533 I. A creditor may enforce payment of such debts from the sons of his debtors, who though alive, are incurably disqosed, mad, or extremely aged (i), or have been very long in a foreign country, (provided the sons have assets of the debtor.) KATYAYANA. (i) “Extremely aged —that is incapcitated by. old age for (the management of) affairs. Dig. I. p. 286. II. “While the father lives, sons have no independent power in regard to the receipt, expenditure, and bailment of wealth. But, if he be decayed, remotely absent, or afflicted with disease, let the eldest son manage the affairs as he pleases.”—HA'Rita. “If the father be incapable, jet the eldest manage the affairs of the family, or, with his consent, a younger brother conversant with business : partition of the wealth does not take place; if the father be not desirous òf it when he is old, or his mental faculties are impaired, or his body is afflicted with a lasting disease, let the eldest, like a father, protect the goods of the rest.—SANKhA & Likhita. Coleb. Dá. bhá. pp. 10, 20. Authority 331 If a person, after dividing his estate and debts amongst his sons, be Sepa- Vyavastha rate from them, taking his portion, and begėt, another son, then the son begotten “after partition shall inherit the father's property both reserved and subsequently ᏋbᏣ quired, and pay his debts. The sons born before. partition being responsible for no more of the debts than the portions undertaken by them in partition. - A son born before partition has no claim on the paternal estate, nor a son born after it on the portion of his brother, whether in respect of property or debts; nor have they any claims on each other except to purification and oblation of water (if either of them die.) WRIHAsPATI. Coleb. Dig. vol. I, p. 287. See Ante pp. 489 491. 222 Suretiship is ordained for appearance, for honesty, and for payment; the two first (sureties, and not their sons,) must pay the debt, on failure of their engagements, but even the sons of the last (may be compelled to pay it). - JАэкүлvalkya. Coleb. Dig. vol. I. p. 246.
- Vide MAxv, Ch. VIII. v. 158, 160, 161, and 162. See also the note under page 587.
Reason. Vyavasthá Vyavasth,
