The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-09-25
Supreme Court.
Before Hon. Jaase ingraham

Before Hon. Juagc ingraham
IN RE THE PET trloN oy oArHARISE LgsIIE--fa
PpRTAEr ACKNOWLEDGEMENTS CASE.
SKrr o4--Judgc Ine.'aham delivered an eiabora..
opinion in che above matter He sad-The evidence IL
this case discoscs state Of facts In regard 20 the child
OF petitioner which has rendered II extremely dcol
10 arrive at satisfactory conclusion am: decision. Tn
petitioner, while unmarried became the mother Of tn
child and at the age o months she agree 50 bind he
child 10 the respondents for the paos, If carrying O"
agreement entered into by her 10 give the chi 70
them An Instrument executed by which tn child
decreed to OF the respondents u be- adopted by
them their child The child placed in their possrs
sion has since been supported clothed and adopted
by the respondents in q suitable manner as their
own child, and the evidence shows in a manner
calculated 70 give him good education. From that
time the mother has in no way aided in the sup
him or nquring to his welfare For eleven years
the. respondents have acted towards tine child his
parents and claim be attached him adopt
ed child to whom they purpose TO give their property
During the greater part Of this time tho mother living
abandoned life. From her statement aud that
her husband she has reformed and during tho last five
years shc has been member OF church. The moth sr
of child having no known father undoubtedly entitled
70 the custody of IT, She its only parent, and alone
bound for is support and If this the only question
child to be delivered TO its parent The ndcnture signed
behalf Of the child, far purports to from
the Commissioners OF tho Almshousc is not valid
much not executed in conformity to the provisions
OF the statute Nor Is il binding upon tho infant, in
dcnturcs Of apprenticeship. 1t purpors to be binding
for the purpose OF adoption as child No such bind
ing is authorized By laws, and il the infant sought
10 avoid it, am Of tho opinion that ii would give
the respondents RICH, 10 reclaim him against his will
In addition To the binding by the hlmshouse Comms-
soners the consent oil the mother to this contract with
the respondent for The clothing board and education Of
the child until he arrives at the Of twenty one years
Under such circumstances there Is no hardship in saying
thu, the interest OF the infant should be- tn ut conscra
ion the decision Of this The abstract right Of the
mother to tic child may be thus waved by her own
grccmcnt, and unless appears mdnfestly for tho int
cs Of tho infant to take the child from the respondents
md deliver 70 the mothci the duty Of the colrt would
nc discharged by merely nqgrng whether there any
improper restraint and there was any, By discargng
The child thcrcrom. have less hesitation in snch
cluslon, when consider thai tho mother has shown
ny rcHard or afectcn Tor the chli SINCE u Was SIX
months old but has left the whole burlhcn and expense OF
support and eucaonto the respondent Upon THIS qucs
ION, however, there = some considerable difficulty. II
Tie respondents continue IN the course Of life that
The evidence shows 80 have existed for past
heir house is not proper place TO bring up this Child
The statements made on their behalf, Ike those tho
art Of the mother, That they have abandoned snch
IMMORAL and have reformed. II appears that the
digestion Of the respondents counsel would under all the
circumstances, be most for the benefit OF tho
infant, if any satisfactory arrangement be made
that rcst That suggestion is 10 place the
hid in suitable boarding school at the expense OF
hc respondents. From the examination OF the child ia
pfarent that he is under restraint from which he do
Tres e. he relieved, but that he wishes 90 remain with
no respondents is proper add that this application
rcturnablo before and not before tho court and
IS in the last referred Ia, Il would have been more
properly made % the court where the equity powers Of
he court could give suitable directions al 10 tho
and custody Of the child than be ordered by a
udge in this preceding. ior the purpose OF enabling the
cslrndens IL carry out the suggestion above mentioned
shall make order e. deliver the child to the petitioner,
ut direct this matter t. be adjourned to the ID Monday
4 October, III 10 a. NJ, before In the meantime tho
respondents must mako suitable provision for the child,
II suitable boarding school that may then appear
that the interests ami welfare of the child viii he best
promoted by leaving Inn under Their charge. If such
arrangement is made before that time the petitioner may
this motion ON the adjourned day.