appear to be recognised when it has actually taken CHAP. place,) is also entitled to inherit as a son."

On the failure of issue of the above description, an adopted son succeeds: such a son loses all claim on the inheritance of his original father; and is entitled to a sixth of the property of his adoptive one, even if, subsequently to his adoption, sons of the body should be born."

On failure of the above heirs follow ten descriptions of sons, such as never could have been thought of but by Hindús, with whom the importance of a descendant for the purpose of performing obsequies is superior to most considerations. Among these are included the son of a man's wife by an uncertain father, begotten when he himself has long been absent, and the son of his wife of whom she was pregnant, without his knowledge, at the time of the marriage. The illegitimate son of his daughter by a man whom she afterwards marries, the son of a man by a married woman who has forsaken her husband, or by a widow, are also admitted into this class; as are, last of all, his own sons by a Súdra wife. These and others (ten in

r

P Chap. IX. 145. Perhaps this recognition is intended to be confined to the son of a Súdra wife, in whom such a proceeding would be legal; but it is not so specified in the text, and the language of the Code on this whole subject is contradictory. The practice is at the present day entirely forbidden to all classes.

a Chap. IX. 141, 142. 168, 169.

r

Chap. IX. 159-161. 167-180.

The whole of these

sons, except the son of a man's own body, and his adopted

III.

BOOK all) are admitted, by a fiction of the law, to be

I.

sons, though the author of the Code himself speaks contemptuously of the affiliation, even as affording the means of efficacious obsequies.

On the failure of sons come brothers' sons, who are regarded as standing in the place of sons, and who have a right to be adopted, if they wish it, to the exclusion of all other persons. On failure of sons, grandsons, adopted sons, and nephews, come fathers and mothers; then brothers, grandfathers, and grandmothers"; and then other relations, such as are entitled to perform obsequies to common ancestors; failing them, the preceptor, the fellowstudent, or the pupil; and, failing them, the Bramins in general; or, in case the deceased be of another class, the King. *

A father may distribute his wealth among his

sons, are entirely repudiated by the Hindú law of the present day.

s Chap. IX. 161.

u Chap. IX. 185. 217.

* Chap. IX. 182.

Chap. IX. 186-189. The dependence of inheritance on obsequies leads to some remarkable rules. The first sort of obsequies are only performed to the father, grandfather, and great grandfather. Preference is given to those who perform obsequies to all three; then to those who perform them to two, then to one. Those who perform obsequies to none of the three are passed over. A great great grandson, by this rule, would be set aside, and the succession go to some collateral who was within three degrees of the great grandfather. After those who perform the first sort of obsequies come the more numerous body, who only perform the second. — Oriental Magazine, vol. iii. p. 179. Colebrooke's Digest, vol. iii. p. 623.

III.

sons while he lives, (it is not stated whether arbi- CHAP. trarily or in fixed proportions ;) but his power to make a will is never alluded to. Y

When a man dies, his sons may either continue to live together with the property united, or they may divide it according to certain rules. If they remain united, the eldest brother takes possession of the property, and the others live under him as they did under their father. In this case, the acquisitions of all the sons (who have not formally withdrawn) go to augment the common stock."

If they divide, one twentieth is set aside for the eldest son, one eightieth for the youngest, and one fortieth for the intermediate sons; the remainder is then equally divided among them all. Unmarried daughters are to be supported by their brothers, and receive no share of the father's estate *; but share equally with their brothers in that of their mother."

a

This equality among the sons is in case of brothers of equal birth; but otherwise the son of a Bramin wife takes four parts; of a Cshetriya, three; a Veisya, two; and a Súdra, one.

One such share, or one tenth, is the most a

y Chap. IX. 104. Even the power to distribute rests only on the authority of Culluca.

Chap. IX. 103-105. There are exceptions to this rule; but it is still so effective that, in recent times, the humble relations of a man who had raised himself to be prime minister to the Péshwa, were admitted to be entitled to share in his immense property, which they so little contributed to acquire. a Chap. IX. 112-118. b Chap. IX. 192.

BOOK

I.

son of a Súdra mother can take, even if there are no other sons.c

Eunuchs, outcasts, persons born deaf, dumb, or blind; persons who have lost the use of a limb, madmen, and idiots, are excluded from succession, but must be maintained by the heirs.

The sons of excluded persons, however, are capable of inheriting."

e Chap. IX. 151-155. In these rules, throughout the Code, great confusion is created by preference shown to sons and others who are "learned and virtuous;" no person being specified who is to decide on their claims to those qualities. d Chap. IX. 201-203.

CHAP. IV.

RELIGION.

THE religion taught in the Institutes is derived from the Védas, to which scriptures they refer in every page.

СНАР.

IV.

There are four Védas; but the fourth is rejected The Védas. by many of the learned Hindús, and the number reduced to three. Each Véda is composed of two,

a

or perhaps of three, parts. The first consists of hymns and prayers; the second part, of precepts which inculcate religious duties, and of arguments relating to theology. Some of these last are embodied in separate tracts, which are sometimes inserted in the second part above-mentioned, and sometimes are in a detached collection, forming a third part.

d

Every Véda likewise contains a treatise explaining the adjustment of the calendar, for the purpose of fixing the proper period for the performance of each of the duties enjoined.

The Védas are not single works, but produced by different authors, whose names (in the case of hymns and prayers, at least) are attached to them. They were probably written at different periods;

a Called Mantra.

b Brahmaná.

e Colebrooke, Asiatic Researches, vol. viii. p. 387.

d Upanishad.