thousand eight hundred and sixty-nine, and all estates whereon administration was granted prior to the said first day of July, one thousand eight hundred and sixty-nine shall be dealt with, administered and settled according to the law as it existed just prior to said date, and it is hereby declared that such is the true intent and meaning of this chapter: Provided, that nothing herein shall be construed to prevent the application of this chapter so far as it relates only to the courts having jurisdiction of any action or proceeding for the settlement of an administration or to the practice and procedure therein.

Code, s. 1433; 1869-70, c. 58, s. 1.

173. To what estates this chapter applicable. This chapter shall apply only to cases where the grant of letters of collection or of probate or of administration shall have issued on or after the first day of July, one thousand eight hundred and sixty-nine, except in case of administrations de bonis non upon estates where the former letters of administration or letters testamentary were granted prior to the first of July, one thousand eight hundred and sixty-nine, in all which cases estates shall be administered, closed up and settled according to the law as it existed just prior to the first of July, one thousand eight hundred and sixty-nine.

Code, s. 1476; 1871-2, c. 213, s. 29; 1872-3, c. 179.

NOTE. To compel surviving partner to settle, see Partnership.
How administrators or executors charge their own estate, see s. 974.

CHAPTER 2.

ADOPTION OF MINOR CHILDREN.

(Sections 174-181.)

174. Petition filed before clerk, what to contain. Any person. desiring to adopt any minor child may file a petition in the superior court of the county wherein such child resides, setting forth the name and age of such child and the name of its parents, whether the parents or either of them be living, and if there be no living parent, the name of the guardian, if any, and if there be no guardian, the name of the person having charge of the child or with whom such

child resides, the amount and nature of the child's estate, if any, and especially if the adoption is for the minority or for the life of the child.

Code, s. 1; 1872-3, c. 155.

175. Parties to proceeding. The parent or guardian, or the person having charge of such child, or with whom it may reside, must be a party of record in this proceeding.

Code, s. 6; 1872-3, c. 155, s. 6.

176. Letters of, when granted. Upon the filing of such petition, and with the consent of the parent or parents, if living, or of the guardian, if any, or of the person with whom such child resides, or who may have charge of such child, the court may, if the petitioner be a proper and suitable person, sanction and allow such adoption by an order granting letters of adoption.

Code, s. 2.

177. Effect of order; child to inherit, when; name changed. Such order, when made, shall have the effect forthwith to establish the relation of parent and child between the petitioner and the child during the minority or for the life of such child, according to the prayer of the petition, with all the duties, powers and rights belonging to the relationship of parent and child, and in case the adoption be for the life of the child, and the petitioner die intestate, such order shall have the further effect to enable such child to inherit the real estate and entitle it to the personal estate of the petitioner in the same manner and to the same extent such child would have been entitled to if such child had been the actual child of the person adopting it: Provided, such child shall not so inherit and be so entitled to the personal estate, if the petitioner specially set forth in his petition such to be his desire and intention: Provided further, for proper cause shown in said petition the court may decree that the name of such child may be changed to that of the petitioner. Code, s. 3; 1885, c. 390; 1872-3, c. 155, s. 3.

178. Bond to secure orphan's property. If such child be an orphan and without guardian, and shall be possessed of any estate, the court shall require from the petitioner such bond as is required by law to be given by guardians.

Code, s. 4.

179. Clerk to record order; revocation. The order granting letters of adoption shall be recorded in the office of the clerk of the superior court of the county in which it is made, and may be revoked at any time by the court for good cause shown.

Code, s. 5; 1872-3, c. 155, s. 5.

180. Right to custody forfeited by abandonment. In all cases where the surviving parent of any orphan child shall have wilfully abandoned the care, custody, nurture and maintenance of any orphan child to kindred, relatives or other persons, such parent shall be deemed to have forfeited all rights and privileges with respect to the care, custody and services of such child.

1885, c. 120, s. 1.

181. Restoration of rights and privileges. The rights and privileges of such parent may be restored by the voluntary surrender of such child by the person in whose care and custody such child may be, or by order of any judge of the superior court in the district in which such child may be, when it shall appear to the satisfaction of such judge that the interest and welfare of such child will not be materially prejudiced by such restoration. The person having the care and custody of any such child shall have at least ten days' notice of the time and place of the hearing of the application for such order of restoration, and shall be permitted to resist the same. 1885, c. 120, ss. 2, 3.

NOTE. For contests over custody of children, see Habeas Corpus, s. 1853.
For effect of divorce on children, see Divorce and Alimony, s. 1570.

For right of parent to determine custody of children by deed or will, see Guardian, s. 1762.

For small allowance paid to indigent children by clerk, in certain cases, see s. 924.

CHAPTER 3.
ALIENS.

(Sections 182-183.)

182. May take and hold lands. It shall be lawful for aliens to take both by purchase and descent, or other operation of law, any lands, tenements or hereditaments, and to hold and convey the same as fully as citizens of this state can or may do, any law or usage to the contrary notwithstanding.

Code, s. 7; 1870-1, c. 255.

183. Prior contracts validated. All contracts to purchase or sell real estate by or with aliens, heretofore made, shall be deemed and taken as valid to all intents and purposes.

Code, s. 8; 1870-1, c. 255, s. 2.

184. To apprentice, or send to orphanage. Upon complaint made in writing by three reputable citizens to the clerk of the superior court of any county that there is any infant in such county subject to any of the conditions enumerated in this chapter, it shall be the duty of the said clerk of the superior court upon ten days' notice to the complainants, and the parents or persons with whom such infant resides, to examine into the allegations of the said complaint, upon oath, and if the said clerk of the superior court shall find upon such examination that the conditions set forth in such complaint are true, it shall be the duty of said clerk in his discretion to procure for said infant admission into some orphan asylum in the state, or to bind out the said infant as an apprentice.

1889, c. 169, s. 2; 1901, c. 628.

185. To determine incapacity, desertion or drunkenness. Incapacity, desertion or drunkenness shall be decided before the clerk of the superior court upon application, as in special proceedings, when necessary.

1889, c. 169, s. 19.

186. Must examine persons as to circumstances; tradesmen of useful art preferred. On application of any person to have an apprentice bound to him, it shall be the duty of the clerk to inform himself of the circumstances of the case, and for this purpose he may cite before him the relatives of the orphan or infant for examination on oath, and he may examine also such other persons as he may deem proper. In the selection of an employer, he shall prefer, so far as may be consistent in other respect with the comfort and interest of the apprentice, some tradesman of a useful art or mystery. No white child shall be apprenticed to any other than a white

person.

1889, c. 169, ss. 1, 8.

187. May modify; discharge apprentice and re-apprentice. The clerk shall have power, when circumstances require it, upon application of either the employer or the apprentice, to modify the indentures of an apprentice or to discharge him from his apprenticeship; and in case any money or other thing of value has been paid by either party in relation to such apprenticeship, the clerk shall make such order concerning the same as shall be just and reasonable; and he shall have power where an apprentice is discharged to reapprentice him, when such a course shall seem proper and practicable.

1889, c. 169, s. 13.

188. May direct disposition of wages. When money, wages or other thing of value is agreed to be paid to the apprentice, the clerk is empowered to direct such disposition of the same as shall seem to him just and proper; and in the case of money, he may either direct that so much be placed at the disposal of the apprentice as shall be proper, or so much paid to the parents of the apprentice for their use, or so much paid into the clerk's office to the credit of the said apprentice.

1889, c. 169, s. 5.

189. Guardian to be appointed when $100 in clerk's hands. Whenever as much as one hundred dollars shall come into the hands of any clerk of the superior court belonging to an apprentice by reason of the preceding section, it shall be his duty to appoint and qualify a guardian for the estate of said apprentice, and turn the said funds over to said guardian for investment; and the said guardian shall be appointed and qualified and be governed by the same rules and regulations as guardians of said estate.

1889, c. 169, s. 6.

NOTE. For payment by clerk to indigent child of estate less than twenty dollars, see s. 924.

II. THE APPRENTICE.

190. Who may be apprenticed. Children who may be apprenticed shall include:

1. All orphans whose estates are of so small value that no person will educate and maintain them for the benefit thereof.

2. All infants whose fathers have deserted their families and been absent six months, leaving them without sufficient support.

3. Any poor child who is or may be chargeable to the county or shall beg alms.