164 A notice of the Qaunaha Smriti. [No. 3, 



with a discerning mind,' &c, he offers an ohlation with the Yajya : 

 ' To whom the performer of good deeds,' &c. 



12. " Then having offered the (oblations accompanied by the reci- 

 tations of the) Vyahritis, he finishes the ceremonies, beginning with 

 the oblation to Agni svishtakrit, down to the presentation of a cow 

 and presents (to the officiating priest). 



13. " He presents (to him) as sacrificial fee, those two pieces of cloth, 

 those two earrings, and that finger-ring (with which he had before 

 adorned the child). 



14. " If after the performance of these rites a (legitimate) son is 

 born (to the adopter) (then the adoptive son) receives a fourth of 

 (the son's) share. Thus says Baudhayana." 



It now remains for me to return to the question, how far the 

 recovery of the £aunaka karika affects the law of adoption. This 

 chapter of the Hindu law is in a worse state than any other, chiefh*- be- 

 cause there is not, as in the case of Inheritance, Divisions, &c, for each 

 school of lawyers one paramount authority, which lays down its funda- 

 mental rules and its principles. The Dattakamimamsa of Nanda Pan- 

 dita, it is true, enjoys a certain esteem all over India, but, in the 

 Bombay Presidency at least, not to such an extent, that it would 

 overrule the conflicting opinions of all other writers. On the contrary, 

 besides this work, the Bombay Pandits always consult and frequently 

 follow four other works, the Vyavakara-mayukha, the Nirnayasindhu, 

 the Samskarakaustubha, and the Dharmasindhu. 



On account of this state of things, the Hindu lawyer will be called 

 upon to examine the principles on which the conflicting opinions rest 

 much oftener in this part of the law, than anywhere else. It is there- 

 fore also most important to possess the ancient original works in their 

 integrity from which the modern writers profess to draw their opinions, 

 and to know their history and critical condition. 



One of the points in the law of adoption, on which views directly 

 opposed to each other are advocated by writers of eminence, is the 

 question whether a Hindu widow has the power to make an adoption. 



Nanda Pandita distinctly denies her right to do so under any circum- 

 stances whatever. Nilakantha, the author of the Mayiikha, permit 

 it. provided the widow has obtained the permission to do so from her 

 husband before his death, or can procure the sanction of her rela- 



