Consent of parents, etc.. requisite. Written consent. Executors as if such minor was of full age at the time of making the engagement. Statutes of 1858, p. 134, § 1. NOTE.-It has been held in Fowler v. Hollenbeck, 9 Barb. 309, that a failure to specify the particular calling or employment in the indentures of apprenticeship will not invalidate them. SEC. 265. Such consent shall be given 1. By the father of the minor. If he be dead or be not of legal capacity to give his consent, or if he shall have abandoned or neglected to provide for his family, and such fact be certified by a justice of the peace of the township or county, or sworn to by a credible witness, and such certificate or affidavit be indorsed on the indenture, then 2. By the mother. If the mother be dead, or be not of legal capacity to give such consent or refusal, then 3. By the guardian of such infant. If such infant have no parent living or none in a legal capacity to give consent, and there be no guardian, then— 4. By the supervisors of the county, or any two justices of the peace, or the judge of the probate court of the county. 5. If such minor be an orphan, under the care and control of any orphan asylum in this State, then by the board of managers thereof. Statutes of 1858, p. 134, §2. SEC. 266. Such consent shall be signified in writing by the person entitled to give the same, by certificate at the end of, or indorsed upon the indentures. Statutes of 1858, p. 134, §3. SEC. 267. The executors of any last will of a parent, who may bind. shall be directed in such will to bring up his or her child to some trade or calling, may bind such child to service as a clerk or apprentice, in like manner as the father might have done if living. If there is a surviving mother, her consent also is necessary. Supervisors may bind out. Statutes of 1858, p. 134, §4. NOTE. The last clause, providing for the consent of the mother, is new. SEC. 268. The supervisors of the county may bind out minors who are or shall become chargeable to such county, to be clerks, apprentices or servants, which binding shall be as effectual as if such minors had bound themselves with the consent of their father. Statutes of 1858, p. 134, §5. officers. SEC. 269. In every town or city, the presiding officer of Town the first council or legislative board thereof, if there be more than one, or any public officer or officers appointed to provide for the poor, may in like manner bind out any child who, or whose parents are, chargeable to any such town or city. Statutes of 1858, p. 134, § 6. prentice to in indent SEC. 270. The age of every infant so bound shall be Age of apinserted in the indentures, and shall be taken to be the true be inserted age; and whenever public officers are authorized to execute ures. any indentures, or their consent is required to the validity of the same, it shall be their duty to inform themselves fully of the infant's age. NOTE. Statutes of 1858, p. 134, §7. The parties are not estopped, by the statement of the age in the indentures, from proving the real age of the apprentice. See Drew v. Peckwell, 1 E. D. Smith, 408, conditions SEC. 271. Every sum of money paid or agreed for, with, Indentures, or in relation to, the binding out of any clerk, apprentice in. or servant, shall be inserted in the indentures. Statutes of 1858, p. 134, § 8. SEC. 272. The indenture shall also contain an agreement same. on the part of the person to whom such child shall be bound, that he will cause such child to be instructed to read and write, and to be taught the general rules of arithmetic, or, in lieu thereof, that he will send such child to school three months of each year of the period of indenture. Statutes of 1858, p. 134, § 9. indentures. SEC. 273. The counterpart of any indenture executed by Deposit of any county, or city or town officers, must be by them deposited in the office of the clerk of the county court. Statutes of 1858, p. 134, § 10. minors. SEC. 274. Any minor, capable of becoming a citizen of Alien this State, coming from any other country, State or territory, may bind himself to service until his majority, or for Contract under pre tion to be acknowledged. any shorter term. Such contract, if made for the purpose SEC. 275. No contract made under the preceding section ceding sec. shall bind the servant, unless duly acknowledged by the minor making such contract, before some public magistrate or other officer authorized to administer oaths, nor unless a certificate showing that the same was made freely on private examination, be indorsed upon the contract. Statutes of 1858, p. 134, § 12. SEC. 276. Such indentures of apprenticeship may be indentures. annulled for Causes for annulling 1. Fraud in the contract of indenture; 2. When such contract is not made or executed in accordance with the provisions of this title; 3. For willful non-fulfillment, by such master, of the provisions of such indenture; 4. Cruelty or maltreatment of such apprentice by the master, without just cause or provocation. In such case, the apprentice may recover for his services. Statutes of 1858, p. 134, § 14. ARTICLE III. [From Civil Code.] ADOPTION. SECTION 221. Child may be adopted. 222. Who may adopt. 223. Consent of wife necessary. 224. Consent of child's parents. 225. Consent of child. 226. Proceedings on adoption. 227. Judge's order. 228. Effect of adoption. 229. Effect on former relations of child. 230. Adoption of illegitimate child. be adopted. SEC. 221. Any minor child may be adopted by any adult child may person, in the cases and subject to the rules prescribed in this chapter. (a) N. Y. C. C., § 107; Statutes of 1870, p. 530, § 1. 222. The person adopting a child must be at least ten years older than the person adopted. 223. A married man, not lawfully separated from his wife, cannot adopt a child without the consent of his wife; nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife, not consenting, is capable of giving such consent. ving, or au megitimate ents. child without the consent of its mother, if living, except that consent is not necessary from a father or mother deprived of civil rights, or adjudged guilty of adultery, or of cruelty, and for either cause divorced, or adjudged to be a habitual drunkard, or who has been judicially deprived of the custody of the child, on account of cruelty or neglect. N. Y. C. C., § 110; Statutes of 1870, p. 530, § 3. SEC. 225. The consent of a child, if over the twelve years, is necessary to its adoption. N. Y. C. C., § 111; Statutes of 1870, p. 530, § 3. (a)NOTE (From Report of California Code Commissioners.)-The total absence of any provision for the adoption of children is one of the most remarkable defects of our law. Thousands of children are actually, though not legally, adopted every year; yet there is no method by which the adopting parents can secure the children to themselves, except by a fictitious apprenticeship, a form which, when applied to children in the cradle, becomes absurd and repulsive. It is, indeed, so inappropriate in every case that it is rarely resorted to. The consequence is, almost invariably, that if the real parents of the child live to see it grow to an age of usefulness and intelligence they are certain to attempt to reclaim it, sometimes through the mere selfishness of natural affection, but more commonly from base and sordid motives. The chances of an adopting parent for the retention of the child upon which, perhaps, his whole heart is centred, are therefor in the inverse ratio to the degree of his benevolence in its selection, and of his care and affection in its training. Benevolence dictates a choice from among children whose parents are least able or willing to take care of them. To relieve a child from a cruel and heartless parent is a greater mercy than to take even an orphan. Yet these are the parents who are, of all others, most likely to reclaim the child as soon as any money can be made out of it. Affection will give the child such a training as will develop its beauty and intelligence to the highest degree. Yet every grace of the child is but a premium upon the exertion of its heartless parents. This is not mere theory. Facts within the knowledge of almost every one justify these statements. There are very many childless parents who would gladly adopt children, but for their well-founded fears that they could never hold them securely. Proceedings on adop tion. Judge's order. Effect of adoption. Ef for tio chi. Adoption of illegitimate child. SEC. 226. The person adopting a child, and the child adopted, and the other persons whose consent is necessary, must appear before the county judge of the county where the person adopting resides, and the necessary consent must thereupon be signed, and an agreement be executed by the person adopting, to the effect that the child shall be adopted, and treated in all respect as his own lawful child should be treated. N. Y. C. C., § 112; Statutes of 1870, p. 530, § 4. SEC. 227. The judge must examine all persons appearing before him pursuant to the last section, each separately, and if satisfied that the interests of the child will be promoted by the adoption, he must make an order declaring that the child shall thenceforth be regarded and treated in all respects as the child of the person adopting. N. Y. C. C., § 113; Statutes of 1870, p, 530. & 5 SEC. 228. A Page 350. 228. A child, when adopted, may take the family name of the person adopting. After adoption, the two shall sustain towards the other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation. 2711 -, child so adopted, and have no N. Y. C. C., § 115; Statutes of 1870, p. 530, § 7. SEC. 230. The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption. (a) (a)NOTE.—The mother of an illegitimate unmarried minor is entitled to its custody, services and earnings. |