Page:Elements of Hindu Law.djvu/101

ON ADOPTION. 63 pable of succession, for the double purpose of obsequies and of inheritance; Q six (reckonings with Menu, the legally begotten, and the son of the appointed daughter as one) deriving their pretensions from birth, six from distinct adoptions ; (^) the first of the twelve, namely, the issue male of the body lawfully begotten^ being the principal one of the whole, Q) as the son given in adop^ tion was always the preferable one, among those ob^ tainable expressly in this mode.(^) And now, these two, the son by birth, emphatically so called, (Auram^) and (Dattaca) the son by adoption, meaning always the son giveUy are^ generally speaking, the only subsist- ing ones allowed to >e capable of answering the pur^ posie of sons;(^) — the rest, and all concerning themi, being parts of anmnt law, understood to have been ab- rented, as the cases arose, at the beginning of the prer sent, the Cali age. It is so stated in the '^ General Note" at the end of the translation of Menu, (^) asd elsewh^e repeated; (7) though it has been disputed; (®) and it is true that, in some of the northern provinces^ forms of adoption, other than that of the Dattaca, at this day prevail, (f) It is also true that, &ilii]^ a. son, a (1) Datt. Mixn. sect. U. 61, 62, and note. (2) Menu, cli. IX. 158. (3) Menu, ch. IX. 166. (4) Yajnyawalcya, 3 Dig. 841. (5) Note to 3 Dig. 276. Append, p. 58. 154. (6) Menu, p. 363. (7) Datt. Mim. sect. i. 64. Da^t. Chandi. sect. L 9. 3 Dig. 271. 288. Mohun Sing v. Chmnun Rai ; Beng. Rep. ante 1805* p* 31. Beng. Bep. 1816. ** Bemarks," p. 511. Append, p. 164.— -C. Id. p. 179* 174. (8) Append, p. 94.— £. (9) 3 Dig. 276. 289,