C. L. 1865. chap. 82, to defend himself against any such complaints, as in other $3; Jan. 31, 1860. Tr. Children of prisoners: provision for. Id. § 4. Jurisdiction of misbehavior in fami lies. cases. § 1475. When any person shall be convicted and sentenced to confinement in the county jail, or territorial prison, for a term of five years or more, if the person so sentenced shall have any children, it shall be the duty of the probate judge, in the county where said person shall have resided, to ascertain if they are poor, and, if they are, to bind them out as provided for in this act. PUNISHMENT FOR MISBEHAVIOR. § 1476. The son or daughter, grandson or granddaughter, male or female ward, being under paternal control of their fathers, grandfathers, or guardians, who shall absent themselves without permission from their house, or who shall commit any grievous injuries, indignities, or actual bodily harm against their fathers, grand fathers or guardians, shall be punished by the same persons, or they may immediately resort to the probate judge or any justice of the peace of the county, praying that a writ be issued against the person accused. The person being present, if it appear from evidence that said crime has been committed, the person thus offending shall be punished by imprisonment in the county jail, for a period which shall not be more than six months, nor less than $23: Jan. 1, 1864. Tr. three months, at hard labor. C. L. 1865, chap. 21, Second offense: penalty. Disinheritance. Id. § 24. § 1477. The son or daughter, grandson or granddaughter, who shall the second time be accused, and the fact be proved, of having committed the crime specified in preceding section, the person thus offending shall be punished by a penalty double that designated in said section: Provided, Even though they may have gone out from the paternal authority: Provided further, That they may be disinherited, if the will of their fathers or grandfathers express it. Jurisdiction of probate court. C. L. 1865. chap. 76, $ 31: Jan. 31. 1860. Tr. Probate courts; duty of. MASTERS AND APPRENTICES. § 1478. In addition to the jurisdiction over minors and their estates, the judges of probate, in their respective counties of this territory, shall also have jurisdiction over masters and apprentices. § 1479. It shall be the duty of the said courts to examine into the condition of all orphans and such minors as have not sufficient estate for their maintenance and education; and in C. L. 1865. C. 76. § Apprenticeship, binding to; condi case the minors or orphans have not the means of maintenance and education, nor friends or relations willing to incur 32; Jan. 31, 1860. Tr. the expense of their maintenance and education, the judge of probate shall direct guardians to bind their wards as appren- tions. tices, until the age of twenty-one, if males, and, if females, until the age of eighteen, to some good and reputable man or woman, to be chosen by the ward if over ten years of age, subject, however, to the approval of the guardian and the probate court; which person shall bind him or herself to teach the apprentice some useful and reputable art, science, profession, trade or business, to be specified in the indenture; and, also, to send the apprentice to school at least three months in each year, after the age of nine years, and to clothe, feed, lodge, and treat the apprentice humanely. 1480. The indenture shall be approved by the court, and recorded in the office of the clerk of the probate court. § 1481. For minors to be apprentices under the age of ten years, the master shall be chosen by their guardian, or parent, or parents if living, subject to the approval of the probate court. Court to approve. Master chosen by guardian. Id. § 34. Children: probate court may appren § 1482. In case of minors whose parents, or either of them are living, but have not the means of maintaining their tice. children, or willfully neglect to support and educate them, the probate court shall apprentice such children as in case of orphans. § 1483. The father of any minor, or, if the father be dead, the mother, when the probate court has not appointed a guardian, may apprentice their children, being minors, in the like manner as guardians, for the purpose of teaching them some useful art, science, profession, trade or business, by means of indenture. § 1484. In all cases of children being apprenticed by the parents, the indenture shall bind the master to send the apprentice to school, at least three months in each year, after the age of nine years, which indenture must likewise be approved by the probate court, and recorded in the office of the clerk of the probate court. § 1485. The probate court shall at all times hear the complaints of apprentices, who reside within their respective counties, whether made in person or by any other person for them, against their masters, alleging undeserved or immoderate correction, insufficient allowance or quality of food, raiment or lodging, or want of proper instruction. And the court shall hear and determine all such cases in a summary way, during terms, and make such order therein as in the judgment of the court will relieve the complaining apprentice for the future; or remove the apprentice, and bind him to someone else, if it shall be deemed necessary. Id § 35. Children: one parent may apprentice. Id. § 36. Indenture: conditions of. Id. § 37. Complaints: hearing of. Id. § 38. Apprentice; pur § 1486. The master may pursue and retake his appren-it tice, who has left his service, either with or without warrant, as he may choose; but shall not correct the apprentice, unless it be in the presence and under and by the direction of the probate judge, for any such desertion. Id. § 39. 1487. The probate judge may also oblige any appren- losses. Compensation for 40: Jan. 31., 1800. Tr. C. L. 1885. C. 76. § tice, for loss occasioned by desertion, to make compensation by further service after the expiration of his apprenticeship, or by payment of money for such loss. Procedure. L. 1870, chap. 31. § 1: Feb. 2. Tr. Declaration; to be filed. Id $2. Declaration: substance of. Id. § 3. Record required. Id. 4. Legitimizing: effect of. ADOPTING AND LEGITIMIZING. § 1488. Any person in this territory, that hereafter may desire to legitimize or adopt as heir, any child or children, do so subject to and under the provisions of this act. may § 1489. Any person may adopt or legitimize as child or heir any child or children, person or persons, by filing a declaration to that effect in the office of the judge of probate in his respective county, manifesting in the same their reason for so doing, and such declaration shall be acknowledged and signed by him in presence of the said probate judge, it being understood that when the applicant shall be a person lawfully married, the declaration must be acknowledged and signed by both married persons in the presence of the said probate judge. § 1490. Said declaration shall contain in substance: First. That the applicant is single or married. Second. If married, whether he has or not, legitimate heirs. Third. The origin, age or circumstances of the child or children. Fourth. The causes which move to their adoption or legitimation. § 1491. Such judge of probate shall cause such declaration, together with the proceedings in the case, to be recorded by his clerk in a record book kept for such purpose, which shall be retained then as evidence in favor of the parties interested, for such purposes for which this act provides. § 1492. And those persons adopted or legitimized as children or heirs by virtue of this act, shall be considered under the law as legitimate children in regard to their duties and obligations toward the persons that have adopted or legitimized them, and in respect to them, it being understood that they shall always be subject to be disinherited for the same legal reasons as are now legal heirs. After the declaration above mentioned has been § 1493. recorded, acknowledged and signed by the party or parties making the application, the probate judge shall write out a certificate with the seal of his court, of the privileges that have been obtained, marking thereon the name and page of the book wherein is recorded such declaration, it being understood that the proceeding thus had before the probate judge and approved by him, shall have the force of a contract or formal transaction. § 1494. All probate judges that do not comply with the provisions of this act shall be subject to the damages the party injured may claim, and further, shall be fined by any district court on complaint of the grand jury, in the sum of not less than one hundred dollars, nor more than five hundred dollars, to be paid to the treasury of his proper county. § 1495. The fees of the probate judge for all his trouble and work in such cases, shall be the sum of two dollars, and those of his clerk, three dollars, which shall be paid by the applicant or applicants in the case. C. 31. L. 70. § 5: Feb. 2. Tr. Privileges granted: certificate of. Id. § 6. Penalty. Id. § 7. Fees. Id. § 8. Minor child may be adopted. § 1496. Any minor child may be adopted by any adult person or charitable association or incorporation organized and existing for the custody, care, maintenance and education of orphan, illegitimate, abandoned and other children intrusted to its custody and care without any reward or recompense for such custody, care, maintenance and education, in the cases and subject to the rules prescribed in this chapter. Feb. 2. $ 1497. The person adopting a child must be ten years older than the child adopted. $1498. Neither a married man, not lawfully separated from his wife, nor a married woman not lawfully separated from her husband, can adopt a child without the consent of the wife or the husband: Providing, The husband or wife not consenting, is capable of giving such consent. C. 32, L. 93. § 1; Age of persons adopting. Id. § 2. Married persons, being cannot adopt without consent of the separated. other. Id. § 3. Legitimate child: consent of parents parent having legal custody, to be obtained. § 1499. A legitimate child cannot be adopted without the consent of its parents, if living together; and if legally sepa- or rated, the consent of the parent having legal custody of the child must be obtained. It shall not be necessary to obtain the consent from a father or mother deprived of civil rights or adjudged guilty of adultery or cruelty, and for such cause divorced and deprived of the custody of the child, or adjudged to be an habitual drunkard, or who has been judicially deprived of the custody of the child on account of cruelty to, abandonment and neglect of, the child or of infamous conduct. § 1500. An illegitimate child cannot be adopted without the consent of its mother, if known or capable of consent. § 1501. The consent of a child over the age of twelve years is necessary to its adoption. § 1502. The person, association or corporation seeking to adopt a child, must file a petition in the probate court of the county in which such person resides, or corporation or association has its institution and home for the custody and care of such child, which petition shall state fully the facts and Id. § 4. Illegitimate child. In Th - Consent of child: when. Id. § 6. Procedure to adopt. Feb. 22. C. 32. L. 93. §7; circumstances entitling applicant to adopt such child, which petition shall be verified by oath of applicant. If the person or persons, whose consent to such adoption is necessary, are residents of this territory, and not incapacitated by sickness or old age, they must appear before the probate judge at the time of filing of such petition or at the time set for hearing thereon, and the necessary consent must thereupon be signed and an agreement be executed by the person or persons, association or corporation adopting a child, to the effect that the child shall be adopted, treated with kindness, and properly cared for and educated. If the persons whose consent is necessary for the adoption of a child are not residents of this territory, or are incapacitated by sickness or old age from appearing before the probate judge, then their written consent, duly acknowledged before some officer or court of record authorized by law to take acknowledgments of instruments, shali be filed in the probate court where such application for adoption is made and shall be deemed sufficient proof of such con Children of immoral persons can probate judge. sent. § 1503. Upon satisfactory proof that any person or perbe taken away by sons, having the custody and control of a child or children, are common prostitutes or inhabitants or inmates of a house of ill fame and such child or children are so situated that they are liable to be corrupted by their association with such person or persons, the probate judge shall have full power and authority to deprive such person or persons of the custody of such child or children and place such child or children in the custody and control of any proper person, association or corporation without the consent of the parent or parents or the custodian or custodians of such child or children, upon the execution of the agreement hereinbefore required of persons adopting a child. Id. § 8. Abandoned child ren to be adopted parents. § 1504. Upon satisfactory proof that a child is abandoned without consent of and unprovided for by its parents or relatives, the probate judge shall permit such child to be adoped without the consent of its parents or relatives, upon the execution of the agreement hereinbefore required of the applicant. Id. § 9. § 1505. The probate judge must examine all persons appearing before him pursuant to the provisions of this chapter, and if satisfied that the interest of the child or children to be adopted will be promoted by the adoption by applicant, he must make an order declaring the child to be adopted by the applicant and thenceforth to be regarded and treated in all respects as the child of the person adopting; or if the applicant be such an association or corporation as mentioned in this chapter, the probate judge must make an order declaring such child or children to be adopted by such association or corporation, and thenceforth such association or corporation to be considered as having the custody and control of such child or children, in place of its natural guardians. § 1506. Upon complaint or satisfactory proof that the person or persons, association or corporation adopting a child, are not complying with their agreement herein provided for, the probate judge shall have the power and authority to deprive such person or persons, association or corporation, of |