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vYAVASTHALDARPANA 565 248 In default of the mother the elder brother of a minor is competent to as sume his guardianship: in default of such brother, the relations of the same race are entitled to hold the office of the guardian, and failing such relatives, the guardianship devolves on other relations according to fitness and the degree of proximity.” But the appointment of a guardian universasily rests with the ruling power.” 249 The guardianship of a female until she be disposed of in marriage rests with her father: if he be dead, with her nearest paternal relations. After her mar. raige, her husband and the rest are her guardians.” In point of fact, females, according to our law, are kept in a continual state of pupilage. “Their fathers protect them in childhood, their husbands protect them in youth, their sons protect them in age: a woman is never fit for independence” (MANU). “When the husband is deceased, his kin are the guardians of his childless widow. In disposal and preservation of property, as well as in her maintenance, they are her 'I’shawara (lord). But if the husband’s family l, extinct, or contain no mule, or be helpless, the kin of the widow's father are her guardians, if there brno relations of her husband within the degree of a sapinda.” (NA’RADA). Minors being under the protection of the law; favoured in all things which are for their benefit; and not prejudiced by any thing to their disadvantage,t 250 The guardians of Ininors cannot do any thing injurious to the interest of their wards, but may do what is advantageous to them.

  • See Maen. H. L. vol. I. pp. 103, 104.

The ruling power is in overy instance, whether the natural or legal guardians be living or dead, recognised to be the legitimate and supreme guardian of the property of all minors, whether male or female. Macn. H. L. vol. I. p. 104. Thus the property of a woman and the goods of a minor, falling into the king's power, should not be taken by him as owner: this has been already noticed. But it may be here remarked, that the property of a minor should bé entrusted to co-heirs and the rest appointed with his concurrence; or if the insant be absolutely incapable of discretion, with the consent of a near and unimpeachable friend such as his mother 蠶 the Fest. Coleb. Dig. vol. III. pp. 548, 544. + Vide Colebrooke on Obligations and Contracts. Ch. X, para 585, Vyavastha* vyavastha” Wyawarthá