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CHAP.
IX.

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121. The representative is not so far wholly sub'stituted by law in the place of the deceased principal, as to have the portion of an elder son; and the principal became a father in consequence of the procreation by his younger brother; the son, therefore, is entitled by law to an equal share, but not to a double portion.

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122.
A younger son being born of a first married
wife, after an elder son had been born of a wife
last married, but of a lower class, it may be a doubt
in that case, how the division shall be made:

123. Let the son, born of the elder wife, take one most excellent bull deducted from the inheritance ; 'the next excellent bulls are for those, who were born first, but are inferiour on account of their mothers, who were married last.

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124. A son, indeed, who was indeed, who was first born, and brought forth by the wife first married, may take, if learned and virtuous, one bull and fifteen cows; ' and the other sons may then take, each in right of his several mother: such is the fixed rule.

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125. As between sons, born of wives equal in 'their class and without any other distinction, there can be no seniority in right of the mother; but the seniority ordained by law, is according to the birth.

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126. The right of invoking INDRA by the texts, 'called swabráhmanyá, depends on actual priority of birth; and of twins also, if any such be conceived

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among different wives, the eldest is he, who was CHAP. 'first actually born.

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127.

HE, who has no son, may appoint his daugh

ter in this manner to raise up a son for him, saying:

"the male child, who shall be born from her in

' wedlock, shall be mine for the purpose of performing my obsequies."

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128. In this manner DACSHA himself, lord of created beings, anciently appointed all his fifty daughters to 'raise up sons to him for the sake of multiplying his

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129. He gave ten to DHERMA, thirteen to CASYAPA, twenty seven to Sóma, king of Bráhmens and medical plants, after doing honour to them with an affec'tionate heart.

130. THE Son of a man is even as himself; and ' as the son, such is the daughter thus appointed: how then, if he have no son, can any inherit his pro

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perty, but a daughter, who is closely united with his 6 own soul?

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131. ·
Property, given to the mother on her mar-
riage, is inherited by her unmarried daughter; and
the son of a daughter, appointed in the manner just
mentioned, shall inherit the whole estate of her fa-
ther, who leaves no son by himself begotten:

132. The son, however, of such a daughter, who
succeeds to all the wealth of her father dying with-
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IX.

CHAP. ' out a son, must offer two funeral cakes, one to his own father, and one to the father of his mother.

IX.

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133. Between a son's son and the son of such a daughter, there is no difference in law; since their 'father and mother both sprang from the body of the 6 same man :

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134. But, a daughter having been appointed to produce a son for her father, and a son, begotten by himself, being afterwards born, the division of the heritage must in that case be equal; since there is no right of primogeniture for a woman.

135. Should a daughter, thus appointed to raise up a son for her father, die by any accident without a son, the husband of that daughter may, with' out hesitation, possess himself of her property.

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136. By that male child, whom a daughter thus ' appointed, either by an implied intention or a plain declaration, shall produce from a husband of an equal class, the maternal grandfather becomes in law the father of a son: let that son give the funeral cake and possess the inheritance.

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137. By a son, a man obtains victory over all people; by a son's son, he enjoys immortality; and, afterwards, by the son of that grandson, he reaches the solar abode.

138. Since the son (tráyaté) delivers his father

from the hell named put, he was, therefore, called puttra by BRAHMA' himself:

139. Now

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139. Now between the sons of his son and of his CHAP.

daughter thus appointed, there subsists in this world

' no difference; for even the son of such a daughter

' delivers him in the next, like the son of his son.

140. Let the son of such a daughter offer the first 'funeral cake to his mother; the second to her father; the third, to her paternal grandfather.

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141. Or the man, to whom a son has been given, according to a subsequent law, adorned with

every

virtue, that son shall take a fifth or sixth part of the heritage, though brought from a different family.

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142. A given son must never claim the family and 'estate of his natural father: the funeral cake follows

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the family and estate; but of him, who has given away his son, the funeral oblation is extinct.

143. THE Son of a wife, not authorized to have issue by another, and the son begotten, by the 'brother of the husband, on a wife, who has a son then living, are both unworthy of the heritage; one

being the child of an adulterer, and the other pro'duced through mere lust.

144. Even the son of a wife duly authorized, not begotten according to the law already propounded, is unworthy of the paternal estate; for he was procreated by an outcast :

145. But the son legally begotten on a wife, au'thorized for the purpose before mentioned, may inherit in all respects, if he be virtuous and learned, as

' a son

IX.

CHAP. a son begotten by the husband; since in that case

IX.

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the seed and the produce belong of right to the owner of the field.

146. He, who keeps the fixed and moveable estate of his deceased brother, maintains the widow, and raises up a son to that brother, must give to that son, at the age of fifteen, the whole of his brother's • divided property.

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147. Should a wife, even though legally authorized, produce a son by the brother, or any other sapinda, of her husband, that son, if begotten with amorous embraces, and tokens of impure desire, the sages proclaim base-born and incapable of inheriting.

148. THIS law, which has preceded, must be un'derstood of a distribution among sons begotten on women of the same class: hear now the law concerning sons by several women of different classes. 149. " If there be four wives of a Bráhmen in the direct order of the classes, and sons are produced by them all, this is the rule of partition among • them:

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150. The chief servant in husbandry, the bull kept for impregnating cows, the riding-horse or carriage, the ring and other ornaments, and the principal messuage, shall be deducted from the inheritance and given to the Bráhmen-son, together with a larger share by way of pre-eminence.

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151. Let the Bráhmen take three shares of the C residue ;

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