Second, In accordance with the laws of this State relative to the adoption and change of names of minors, and making them heirs at law of the person or persons adopting them;

Third, In accordance with the laws of this State, relative to masters, apprentices and servants, so far as such law does not conflict with the provisions of this act;

Fourth, By the officers of incorporated asylums or institutions authorized by the laws of this State to receive, care for and dispose of minor children in such manner as may be provided;

Fifth, By the father and mother residing in this State, and if either be dead or of legal incapacity, or has abandoned the child, then by the other, and in case the child be illegitimate, then by its mother, and in case there be no father or mother of legal capacity, then by the guardian of the child, resident of this State, and duly appointed under the laws thereof.

In no case shall any minor child be indentured, apprenticed, adopted or otherwise disposed of by any person, by either of the methods herein named, or under any law of the State, except on the written approval of the person or persons taking such child by the county agent of the State board of corrections and charities of the county in which the person applying for the child resides, or by a superintendent of the poor of the county where there is no such agent, in form and manner required by this act, except where such indenture is under the fifth subdivision of this section: Provided, That the provisions of this act shall not apply to any State institution authorized by the laws of this State to indenture, or otherwise place in homes minor children.

Children from Other States.

(47) § 5562. SEC. 10. SEC. 10. Any person, society or asylum engaged in indenturing or placing in homes any child or children brought from any other state for the purpose of placing in homes by indenture or otherwise, shall, before placing such child or children in any home, file with the judge of probate of the county in which such child, or children, is to be placed, a bond with two or more sureties, one of which sureties shall reside in the county where such indenture is made, and both of whom shall be residents of this State, in the sum of one thousand dollars for each child so placed, to be approved by the probate judge of said county, which bond shall be conditioned that the child for which it is given shall not become a town, county or State charge, before it shall have reached the age of twenty-one years. When it shall come to the knowledge of the judge of probate of any county that a child from another state indentured, or placed in a home under the provisions of this act, has been neglected and become a public charge, he shall at once investigate such matter, and if satisfied that such child is a public charge he shall declare the bond forfeited and proceed to collect the same as provided by law for the collection of forfeited bonds. The judge of probate shall order the money so collected to be paid to the township or county having to support said child; or if it has become a State charge, he shall order it paid to the State Treasurer, and when so paid it shall be placed in the general fund. Any person or officer of any asylum or institution herein described, having

the care, custody or control of any minor child, who shall indenture, apprentice, have adopted or otherwise dispose of such child, and any person who shall take such child indentured, apprenticed, adopted or otherwise disposed of, to him or her, except in the manner herein provided, shall be deemed guilty of a misdemeanor. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

Ill Treated Children.

(48) § 5563. SEC. 11. Every child under sixteen years of age who is ill-treated, within the meaning of this act, by his father, mother or guardian, is hereby declared to be under the protection of public authority and may be removed from such parent or guardian as herein provided.

be:

(49) § 5564. SEC. 12. An ill-treated child is hereby declared to

First, One whose father, mother or guardian shall habitually violate or permit such child to violate the provisions of sections one, two, five and six of this act;

Second, One whose father, mother or guardian habitually causes or permits the health of such child to be injured or his life to be endangered by exposure, want, or other injury to his person, or causes or permits him to engage in any occupation that will be likely to endanger his health, or life, or deprave his morals;

Third, One whose father, mother, or guardian is an habitual drunkard or a person of notorious and scandalous conduct, or a reputed thief or a prostitute, or one who habitually permits him to frequent public places for the purpose of begging or receiving alms, or to frequent the company of, or consort with reputed thieves or prostitutes, with or without such father, mother or guardian, or by any other act, example, or by vicious training depraves the morals of such child.

(50) § 5565. SEC. 13. Upon complaint made to the judge of probate of the proper county that any child has been ill-treated in either manner stated in this act, he shall examine the complainant on oath and shall reduce the complaint to writing and cause the same to be subscribed by the complainant, and if it shall appear that such offense has been committed, the judge of probate shall issue a writ reciting the substance of the complaint and require the officer to whom it is directed to forthwith bring the child so alleged to have been ill-treated and the parent or guardian charged with such ill-treatment before such judge of probate, to be dealt with according to law; and in the same writ he may require the officer to summon such witnesses as shall be named therein to appear and give evidence on trial.

(51) § 5566. SEC. 14. That on the return of such writ with said child and the accused, the judge of probate shall proceed to hear and determine the cause. If it shall appear by the returns of the officer that the accused cannot be found in the county, the hearing shall proceed without him. If the child shall be without counsel, it shall be the duty of the prosecuting attorney, on the request of the judge of probate, to appear in his behalf. If the accused or counsel for the child shall so request, the judge of probate shall order a jury to be summoned to find the facts in the case, and the judge of probate may in

The jury so ordered

his discretion order a jury on his own motion. shall be a jury of six persons and shall be summoned and empaneled in accordance with the law relating to juries in courts held by justices of the peace. If on the hearing the judge of probate shall find, or the verdict of the jury shall determine, that the allegations in the complaint are true, the judge of probate shall make and enter an order that the accused has forfeited his right to the custody of the child during minority, and that the child be disposed of, in the discretion of the judge of probate, by one of the following methods:

First, By the appointment of a respectable and suitable person of sufficient means as guardian of the custody and education of the child, who shall not be required to give bonds as such guardian, unless it shall appear that such child has personal or real property, who shall execute a written agreement in form approved by said judge of probate, and filed in said court, which shall provide for the treatment of the child as a member of the family, and for his proper support and education in the public schools. On complaint thereafter made to the judge of probate that said guardian does not faithfully execute the terms of said contract, the said judge of probate shall cite said guardian to appear before him, and if it is then found that the allegations in the complaint are true, the said judge of probate may cancel the contract and make a new order for the disposition of the child as herein provided;

Second, By sending such child, if over two and under twelve years of age, and sound in mind and body, to the State Public School at Coldwater, to be there received and to be subject to such disposition as the laws regulating that institution provide;

Third, By delivering such child to the superintendents of the poor, if he is under two or over twelve years of age, or is not sound in mind and body, to be by them indentured to some suitable person, according to the provisions of sections eight and nine of this act, or to provide for him by the county as for other poor persons.

(52) § 5567. SEC. 15. In all suits or proceedings in chancery and in all habeas corpus proceedings where the custody of any child under sixteen years of age is in controversy, if the court or judge shall be satisfied from the evidence that either party to such proceedings would ill-treat such child, within the meaning of this act, if placed in his custody, or otherwise would be unsuitable to have such custody, the said judge or court may order that the other party to such proceedings shall have the custody of such child during minority, if it shall appear to the satisfaction of such judge or court that such other party would be a suitable one to have such custody and would not ill-treat such child within the meaning of this act. And if it shall appear to the satisfaction of the judge or court that neither party to such proceedings is a suitable one to have such custody, the judge or court shall order that the parties to such proceedings have forfeited any rights that they may have had to the custody of said child, during minority, and the custody of such child during minority shall, in the discretion of such judge or court, be disposed of by such judge or court by either of the methods provided in section fourteen of this act. The contract when made and approved by said judge or court shall be filed in the probate court, and the judge of probate of the probate court where the con

tract is filed, shall have the same authority to cancel such contract and dispose of the child again as provided in said section fourteen as in other cases: Provided, That in all cases arising under the provisions of this act appeal shall be allowed as in other cases triable before said court.

Masters, Apprentices and Servants.

(53) § 8749. SECTION 1. Every male infant, and every unmarried female under the age of eighteen years, with the consent of the persons or officers hereinafter mentioned, may of his or her own free will bind himself or herself, in writing, to serve as clerk, apprentice or servant, in any profession, trade, or employment, if a male, until the age of twenty-one years, and if a female, until the age of eighteen years, or until her marriage within that age, or for any shorter time; and such binding shall be as valid and effectual, as if such infant was of full age at the time of making such engagement.

(54) § 8750. SEC. 2. Such consent shall be given:

First, By the father of the infant. If he be dead, or be not in legal capacity to give his consent, or if he shall have abandoned and neglected to provide for his family, and such fact be certified by a justice of the peace of the township, and indorsed on the indenture; then, Second, By the mother. If the mother be dead, or be not in a legal capacity to give such consent, or refuse; then,

Third, By the guardian of such infant duly appointed. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian; then,

Fourth, By any two justices of the peace of the township where such infant shall reside;

Fifth, By the recorder of any city in the county, or by the circuit or probate judge of such county.

(55) § 8751. SEC. 3. Such consent shall be signified by the person or officers entitled to give the same, by writing at the end of, or endorsed upon each part of the indentures, signed by such person or officers, and not otherwise.

(56) § 8752. SEC. 4. No minor shall be bound as aforesaid, unless by indentures in two parts, sealed and delivered by both parties.

(57) § 8753. SEC. 5. The county superintendents of the poor in the several counties may bind out any child under the ages above specified, who shall be sent to any county poor-house, or who is or shall become chargeable in whole or in part to such county, or whose parent or parents shall become chargeable, in whole or in part, as aforesaid, to be clerks, apprentices, or servants, until such child, if a male, shall be twenty-one years old, and if a female, shall be eighteen years old, or until her marriage within that age, which binding shall be as effectual as if such child had bound himself or herself with the consent of his or her father.

Adoption and Change of Name.

(58) § 8776. SECTION 1. That whenever any person or persons shall desire to adopt any minor child, and to change the name of such

child, and to bestow upon him or her the family name of the person or persons adopting such child, or to adopt any minor child without a change of name, with intent to make such child his, her or their heir, such proceedings shall be had as are hereinafter provided.

(59) § 8777. SEC. 2. Such adoption, and in case a change of name is desired, such change of name, shall be with the consent of the persons hereinafter described, viz.:

(a) In case the parents of such child, or either of them, are living, then with the consent of such parent or the survivor of them;

(b) In case such child is abandoned by one of its parents, then with the consent of the other parent;

(c) In case such child be illegitimate, then with the consent of its mother;

(d) In case such child is an orphan or is abandoned by its parents or surviving parent, or by its mother, if it be illegitimate, then with the consent of the nearest of kin or guardian of such child, or of the principal officer of any incorporated asylum, hospital or home, of which such child may be an inmate, or of two superintendents of the poor, of the county, or the director of the poor of any city or township of which such child is a resident, or of the principal officer of any institution, public or private in this State or elsewhere in whose care such orphan or abandoned child may be;

(e) In case the parents, or surviving parent of such child, or the mother, if said child be illegitimate, or the parent who has not abandoned it, if such child has been abandoned by one of its parents, has or have surrendered and released, in a writing duly executed and acknowledged before an officer authorized by law to take acknowledgments, all his, her or their parental rights in and to such child and the custody and control thereof to an incorporated asylum, hospital or home, of which such child may be an inmate, for the purpose of enabling such incorporated asylum, hospital or home to have said child adopted by some suitable person, its name changed, when a change is desired, and the child made an heir at law under the provisions of this act, then with the consent of the principal officer of any such incorporated asylum, hospital or home, and the aforementioned release executed by parent or parents as aforesaid to said asylum, hospital or home, shall be filed with the instrument of adoption in the probate court;

(f) In case said child is legally an inmate of the State Public School, then with the consent of the superintendent of such school, and the county agent of the State board of corrections and charities for the county wherein the person adopting such child resides;

(g) In case said child shall have been committed by an order of a court of competent jurisdiction, to the care of any incorporated association, embracing in its objects the purpose of caring for, or obtaining homes for dependent or neglected children, approved by the State board of corrections and charities, then with the consent of the principal officer of such association;

(h) In any case heretofore described, if such child be above the age of ten years, then with the additional consent of such child;

(i) In case any person herein designated as a parent with whose consent such adoption and change of name, where such change is desired, shall be insane or mentally incompetent, then such adoption and