The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1879-06-17

toey toucn cORnate mettSrs are 10
I deemed Ole act. The fourth section c
the former act reads "a follows:
Every illegitims.e child shall b
considered as 80 heir 20 tie person wh'
! shall in writing. signed in the presenc
OF q competent witness, have acknow
| lodged himself to be the father Of sucl
child, and shall. in all cases, be cohsid
cred Is heir Of hi. mother, and shal
inherit his or her estate ID whole or IL
part. - the case may be. in the san,
manner as if he hsd been born in law
FIJI wedlock; but he shall not be allo rex
70 claim, a. representing his father o
mother. any part Of the estate Of hi. o
her kindred, either Inca! or collateral
unless before bis death his parents shal
have intermarried, and his father afte
such marriage shall have acknowledged
him a. aforesaid and adopted him int
bis family, in which case such chilC
and all the legitimate children shall bt
considered as brothers and sisters, anC
Oh the death of either Of them intestat'
and without issue. the others shall In
herit his estate AMI he theirs, as here
tofore provided, 10 like manner as If al
the children had been Legitimate. saw
ing TO the father and mother respec'
lively their rights in the estates Of al
the said children. as provided hereto.
fore, in like manner IS if all had beer
legitimate laws Of rs. pages $3.50
The tenth eectiou Of the Statute o
Adoption reads thus:
THE father Of an illegitimate child
by publicly acknowledging it as hi
own, receiving it as such, with the con
sent Of his wife. if be is married, int
bis family and otherwise treating it q:
if it were Legitimate child, thereby
adopts it as such; and such child is
thereupon deemed legitimate from the
time of its birth. The foregoing pro-
visions of this act do not apply to the
adoption provided for in this section.
laws offs. page ILL.
A bare inspection Of these two sec.
tions sufices 70 show that they do not
directly deal with the same subject
matter. The one treats of heredity,
the other Of legitimacy. Legitimacy
and heredity are not identical. The
fact Of tie distinction is apparent CT
the face Of the fourth section. Tha,
section assumes that under our law all
Legitimate children are capable Of in.
heriting and proceeds to enable illegiti
mate children in certain cases to be
equally capable Of inheriting. The
other section does not have to 10 with
heredity at all, save indirectly, but
provides directly for the legitimstiou
OF any child born illsgitimate, 90 that
it shall be deemed for oil purposes
legitimate from the time Of its birth. u
The provisions of the latter section
to give legitimacy, and those of the
former to give heredity, are different
To make an::illegitimste child leglti
mate. under the one. the father mus!
comply with three requirements Of the
statute. namely:
1st. He must publicly acknowledge
it as his own.
I'd. He must receive il Us his own
with the consent of his wife if be DC
msrried). into his family.
Sd. He must otherwise treat it 40 il
it were legitimate.
But, to make under the other. an IL
legitimate child his heir, where the
estate to bs inherited does not descend
through tho father or mother from
kindred .inesl or lateral of either. it il
simply necessary that the fathe,
should privately or publicly, ~ q
writing signed in the presence of com.
petent witness, acknowledge himself to
be the father Of the child; or in case the
estate does so descend through
father or mother from kindred of eithe,
then, before the child's death, marry
the mother, so acknowledge the child
and adopt 1t into his family. These
provisions. that the father shall inter.
marry with the mother during the
childs life aud afterwards in writing
before . witness acknowled &c the child
- bis and adopt it into bis family
require no publicity. yet are calculated
to acqusint all within the family circle
and who are lisbls to have their inherit.
ance diminished by the claim of the
unfortunate intruder. Of the fact of hi.
legal standing and rights among them
The same end is gained under section
10 OF the Act Of Adoptson. by the pub.
lie acknowledgement. the adoption with
the wifes consent. the reception into
tho family and the treatment other
wise ~ it legitimate child.
Both sections are provided to meet
the wants OF illeeitimste children.
Neither section can benefit . Legitimate
child. Be child legitimate. whether
born so or by the benefcent operation
OF Law made 30. he is not such child
- either statute was devised to relieve
Though born illegitimate. yet if once
become legitimate through section TO-
he is legitimate once for ell. and ever
after looks back upon that section q.
.funetdm et'ieio Is to him. Theuceforth
no acknowledgement nor refusal to &C.
knowledge, no adoption nor repudia-
ton OF adoption, no treatmen,
the same as. or opposite Of that pres
cribed in that section or the other, can
advantage or dispsrage him. He 10 Z
Legitimate child. and IL legitimacy in
wolves heredity, he has heredity also,
thenceforth forever.
Il 10 questioned, however. whethss
the tenth section can be held to allow
the legitimatization Of ono who il not
. minor.
The first section Of the Adoption Act
10 . synoptical one. providing THAT
any minor child may be adopted by any
adult psrson in the cases and subject ID
the rules prescribed in this act" The
remaining section: Of the act. to and