awarded and taxed in this proceeding as in other cases; and all proceedings under this act, after the order has been made requiring parties to appear and answer, shall be summary, without further pleadings, upon the oral examination and testimony of parties and witnesses. But the sufficiency of the order and of the affidavit first filed by the plaintiff may be tested by demurrer or motion to dismiss or strike out the same.

Since the adoption of this section in 1881, all pleadings subsequent to the complaint, or affidavit, have been dispensed with. Wallace v. Lawyer, 91 Ind. 128; Pouder v. Tate, 111 Ind. 148.

Such proceedings are civil actions, and are governed by the rules of civil practice. Hutchinson v. Trauerman, 112 Ind. 21; Burkett v. Bowen, 118 Ind. 379.

Changes of venue may be granted in such proceedings. Burkett v. Bowen, 118 Ind. 379; Burkett v. Holman, 104 Ind. 6.

When third persons are parties, and issues of fact are formed, a trial by jury may be had. Railway Co. v. Howes, 68 Ind. 458; McMahan v. Works, 72 Ind. 19; American Co. v. Clark, 123 Ind. 230.

The court can not be required to make a special finding of facts and state conclusions of law. Hutchinson v. Trauerman, 112 Ind. 21.

Great liberality is allowed in the examination by the plaintiff of the debtor, and the strict rules applicable to the examination of witnesses do not apply. Comstock v. Grindle, 121 Ind. 459.

When the amount involved is less than one thousand dollars, the appellate court has jurisdiction on appeal. Harris v. Howe, 129 Ind. 72.

835. (823.) Petition to adopt child.-1. Any person desirous of adopting any child may file his petition therefor in the circuit court in the county where such child resides.

A husband and wife may jointly file a petition for the adoption of a child. Krug. v. Davis, 87 Ind. 590.

An adult child may be adopted. Markover v. Krauss, 132 Ind. 294.

836. (824.) Contents of petition, how verified.-2. Such petition shall specify

First. The name of such petitioner.

Second. The name of such child; its age; whether it has any property, and, if so, how much.

Third. Whether such child has either father or mother living, and, if so, where they reside. Such petition shall be verified by the oath or affirmation of such petitioner.

837. (825.) Order of adoption-New name and rights.-3. Such court, when satisfied that it will be for the interest of such child, shall

make an order that such child be adopted, and .rom and after the adoption of such child it shall take the name in which it is adopted and be entitled to and receive all the rights and interest in the estate of such adopting father or mother, by descent or otherwise, that such child would if the natural heir of such adopting father or mother: Provided, however, That should such adopted child die intestate, without leaving wife or husband, issue or their descendants, surviving him or her, seized of any real estate or owning any personal property which may have come to such child by gift, devise or descent from such adopting father or mother, such property so coming to such adopted child shall, on its death, descend to the heirs of said adopting father or mother the same as if such child had never been adopted.

[As amended, Acts 1883, p. 61. Elliott Supp., section 29. In force March 2, 1883.] The adopted children of the husband are not the children of his wife nor "the children of a previous wife." They are only, under sections 2486 and 2489, R. S. 1881, heirs of the adopting father in the degree of children. Barnes v. Allen, 25 Ind. 222; Isenhour. Isenhour, 52 Ind. 328.

On the death of the adopting parent, the adopted child inherits from him; and on the death of the latter, intestate, unmarried, without children, his natural parents will inherit from him. Barnhizel v. Ferrell, 47 Ind. 335. Krug v. Davis, 87 Ind. 590.

When an adopted child dies intestate, unmarried, and without issue, or their descendants, the property received by such child by gift, devise or descent from the adopting parent, descends to the adopting parent or his heirs. Davis v. Krug, 95 Ind. 1; Humphries v. Davis, 100 Ind. 274; Paul v. Davis, 100 Ind. 422.

A child jointly adopted by a husband and wife has the same rights as against a childless second wife of the adoptive father, as a natural child would have. Markover v. Krauss, 132 Ind. 294.

838. (826.) Rights and duties of parties adopting.-4. After the adoption of such child, such adopted father or mother shall occupy the same position toward such child that he or she would if the natural father or mother, and be liable for the maintenance, education and every other way responsible as a natural father or mother.

[1875, p. 81. In force February 27, 1875.]

839. (827.) Consent of parents-Proceedings as to inmates of house of refuge, etc.-5. Such court shall not adopt such child, if it have a father or mother living, unless such father or mother appear in open court, and give consent thereto: Provided, That if such petitioner show, by two competent witnesses, that the residence of such father or mother be unknown, then such court may adopt such child; And provided, further, That if such child be, at the time of filing and hearing such petition, an inmate of the house of refuge for juvenile offenders, or of the Indiana reformatory institution for women and girls, committed thereto by law, for other reason than the conviction. of crime or incorrigibility, such petition may be filed in any circuit court or superior court of this state, and upon the filing of the written consent of the board of control or board of managers of such institutions to such adoption, then such court may adopt such child.

See section 2712.

The children of living parents can not be adopted without their consent or notice to them. Lee v. Back, 30 Ind. 148.

The proceedings of a court of competent jurisdiction, in the adoption of a child, can not be collaterally attacked. Brown v. Brown, 101 Ind. 340.

[1855, p. 122. In force August 17, 1855.]

840. (828.) Costs.-6. Such petitioner shall pay all costs of such proceedings.

[1865 S., p. 185. In force December 21, 1865.]

841. (829.) Child adopted in another state-Proceedings.-1. Wherever any child may have heretofore been adopted or may hereaf ter be adopted by any person in any other state of the United States, under and pursuant to the laws in force in the state where such adoption shall be made, the same shall, upon filing the record thereof with the clerk of the circuit court of any county within this state, and having the same entered upon the order-book of said court in open session thereof, have the same force and effect; and such child, so adopted, shall have the same rights, and be capable of taking property situate within this state by inheritance, upon the death of the person adopting, whether before or after the passage of this act, as though such child had been adopted within and pursuant to the laws of the state of Indiana.

This section is constitutional. State, ex rel., v. Meyer, 63 Ind. 33.

See Acts 1889, p. 367, section 10 (Ell. Sup., Sec. 636), in relation to the adoption of deserted children. See section 2712.

The filing of the record made in another state of the adoption of a child is not a new adoption. Any interested party may file such record. Markover v. Krauss, 132 Ind. 294.

[2 R S. 1852, p. 227. In force May 6, 1853.]

842. (830.) Who may arbitrate-Agreement.-1. All persons, except infants, married women, and insane persons, may, by an instrument in writing, submit to the arbitration or umpirage of any per

son or persons, to be by them mutually chosen, any controversy existing between them which might be the subject of a suit at law, except as otherwise provided in the next section, and may agree that such submission be made a rule of any court of record designated in such instrument.

The statute concerning arbitrations does not contemplate or provide for the arbitration of a cause pending in court. Francis v. Ames, 14 Ind. 251; Daggy v. Cronnelly, 20 Ind. 474.

A submission to arbitration can not be made a rule of court in the court of justice of the peace. Richards v. Reed, 39 Ind. 330.

A submission to arbitration under the statute must be by an instrument in writing. Boots . Canine, 58 Ind. 450, and 94 Ind. 408.

Statutory arbitrations are required to be made a rule of a designated court. Estep ↑. Larsh, 16 Ind. 82; Hedrick v. Judy, 23 Ind. 548; Hawes v. Coombs, 34 Ind. 455. Matters growing out of seduction and bastardy may be submitted to arbitration. Smith . Kirkpatrick, 58 Ind. 254.

843. (831.) What may not be arbitrated-Exception.-2. No such submission shall be made respecting the claim of any person to any estate in fee or for life to any real estate; but any claim to an interest in a term for years, or for one year or less, in real estate, and controversies respecting the partition of lands between joint-tenants or tenants in common, or concerning the boundaries of lands, or concerning the assignment of dower, may be submitted to arbitration.

Damages for an admitted incumbrance upon realty sold as unincumbered may be the subject of a submission and award. Snodgrass v. Smith, 13 Ind. 393.

844. (832.) Bond-Agreement to make rule of court.-3. When an agreement is made according to the preceding sections, the parties shall execute bonds, with condition to abide and faithfully perform. the award or umpirage, specifying therein the name of the arbitrator or arbitrators, and the matters submitted to their determination, and an agreement to make the submission a rule of court designated in such agreement of submission.

Suit may be brought on the award or on the bond. Coats v. Kiger, 14 Ind. 179. A suit can not be maintained on the bond until the award is confirmed. Shroyer v. Bash, 57 Ind. 349; Bash v. Van Osdol, 75 Ind. 186.

The measure of damages in an action on the bond is the amount of the judgment confirming the award, with interest and costs. Shroyer v. Bash, 57 Ind. 349.

Attorney's fees can not be recovered in an action on the bond. Miller v. Hays, 26 Ind. 380.

In a suit upon an arbitration bond, it will be presumed, the contrary not appearing, that the award is the result of the adjustment of all the matters in controversy involved in the submission. Hawes v. Coombs, 34 Ind. 455.

845. (833.) Time and place of meeting-Notice.-4. As soon as such bonds are duly delivered, either party may appoint a time and place for the arbitrator or arbitrators to meet, by giving to the opposite party and to such arbitrator or arbitrators at least ten days' written notice.

When the arbitrators meet at the time and place appointed, and hear the evidence,

and conclude what the award should be, it is immaterial where it is finally made out, and reduced to writing. Conrad v. Johnson, 20 Ind. 421; Spencer v. Curtis, 57 Ind. 221. Want of notice of the time and place of meeting of arbitrators is no objection, where the party appears and is heard therein. Dickerson v. Hays, 4 Blkf. 44; Saunders v. Heaton, 12 Ind. 20.

846. (834.) Oath of arbitrators.-5. Before proceeding to hear any testimony, such arbitrator or arbitrators shall be sworn faithfully and fairly to hear and examine the matters in controversy, and to make a just award according to the best of his or their understanding. The award itself need not show that the arbitrators were sworn; it may be shown aliunde. Cones v. Vanosdol, 4 Ind. 248; Forqueron v. Van Meter, 9 Ind. 270.

847. (835.) Who to administer oath.-6. Such oath, and the oaths to witnesses, may be administered by any person authorized to administer oaths.

848. (836.) Witnesses.-7. Witnesses may be required to attend before arbitrators, on behalf of either party, by subpoenas issued by any justice of the peace; in the same manner, and subject to the same process and penalties for disobedience, to be enforced by such justice as in trials before justices of the peace.

849. (837.) Hearing-Award of majority valid.-8. As soon as the arbitrator or arbitrators are ready to proceed to business, the parties may exhibit their proofs. All the arbitrators must meet together, and hear the allegations of the parties, but the award of a majority is valid, unless otherwise required by the submission.

Arbitrators may grant a continuance, if necessary, upon equitable terms. Madison Ins. Co. v. Griffin, 3 Ind. 277.

If only two arbitrators sign the award it may be shown that all three heard the evidence. Buxton v. Howard, 38 Ind. 109.

It is understood that two of the three arbitrators who heard the cause may make the award unless it is shown that all three were to sign it. Buxton v. Howard, 38 Ind. 109; Spencer v. Curtis, 57 Ind. 221.

When an umpire is called he alone may sign the award. Kile v. Chapin, 9 Ind. 150. If the award be signed by all the arbitrators, the signature of a stranger does not vitiate it. Cones v. Vanosdol, 4 Ind. 248.

850. (838.) Award must be in writing, signed and attested.-9. The award shall be in writing, and signed by the arbitrator or arbitrators who agreed thereto, and shall be attested by a subscribing witness.

The award must be certain or it will be void. Parker v. Eggleston, 5 Blkf. 128; Hays v. Hays, 2 Ind. 28; Hollingsworth v. Pickering, 24 Ind. 435; McCullough v. McCullough, 12 Ind. 487.

When no time is fixed for making an award it may be made at any time. Saunders v. Heaton, 12 Ind. 20.

The award need not recite the submission, nor show what was submitted. Miller r. Goodwine, 29 Ind. 46.

The award must be attested by a witness. Railroad Co. v. McPheters, 12 Ind. 472. 851. (839.) Fees to be returned with award.-10. The fees of the justice issuing process and of the witnesses in such case shall