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joint family or joint trade, then the father and brothers, who jointly possess the ancestral and acquired preperty, should liquidate the debt. Zillah Junglemehauls, May 7th, 1822. Mac. H. L. Vol. II. Chap. 10. Case 8 (279, 280). Q. A married woman, having borrowed some money from a stranger, appropriated the sum so borrowed to defray the expenses of an action instituted by her for the recovery of her husband’s property, and obtained a decree for the same in a court of justice. She executed a bond in favour of the "lender for the sum borrowed, conditioning that “her husband should make over to him possession of the property for which sho had obtained a decree in her own name, in the event of non-payment of the money borrowed by means of which it had been recovered.” When this bond was executed, her husband was absent. Subsequently the lender, in virtue of the bond, brought an action against the borrower of the money, and against her husband, the possessor of the property specified in the bond. The borrower, in her reply to the plaint, acknowledged her execution of the bond and her receipt of the money, but pleaded that the property in question was in her husband's possession; and the other defendant answered by a total denial of the claim, and stated, that his wife had formed a connection with the plaintiff, in consequence of which he had, previously to the institution of this suit, filed a complaint against the plaintiff in the Foujdaree court; that the magistrate had passed a decision in his favour, ordering his wife to be delivered up to him; and that she was conspiring with the plaintiff to defraud him of his lawful property. In this ease, according to law, will the liquidation of the debt be incumbent both on the borrower and on her husband jointly, or only on the former ? R. It is laid down in the Mitaoshara and other authorities, that when a wife, who, with the consent of her husband, assumes the management of his family affairs, contracts a debt, the liquidation of such debt rests with the husband ; otherwise he is not answerable for it. Zilla Moradabad. August 24th, 1810. Buksheeram, versws Musst. Durboo and another. Mac. H. L. Vol II. Chap. 10. case 4 (pp. ?80, 281). 2 THE PERFORMANCE OF OBSEQUIES, &c. The performance of the obsequies, &c of the late owner, has been already treated of. See ante, p. 295. INITIATION of the i.Ate own ER's son AND DAUGHTER. 231 The initiatory ceremonies of the uninitiated brother and sister must be per formed out of the patrimony. I. For any of the brothers, whose investiture and other ceremonies have not been performed, the other brothers, of whom the sacraments have already been eompleted, shall perform those ceremonies (at the expense of the paternal estate); and for (unmarried) sisters, the sacraments shall be completed by their elder brothers, as the law requires. WYASA. Coleb. Vol. I. pp. 96, 97. Whcn a wife manages her husband's affairs, he is liable for the debtsshe cohtracts. Vyavasthá Authority
