siring to

names to ap

Court.

Section 3459. Any person who may be desirous of chang- Persons deing his or her name may exhibit his or her petition. in writ- change their ing, to any of the Judges of the Circuit Court of this State, ply in open in open Court, setting forth in said petition the reasons why Civ. '02, 8 he or she is desirous of changing his or her name, together 2699. with his or her age, place of residence and nativity, and the name by which he or she wishes thereafter to be called and known.

Effect of change of name.-Brayton v. Beall, 73 S. C., 308; 53 S. E., 641.

Court to exercise discre

Sec. 3460. Upon said petition, and the reasons therein contained, it shall be the duty of the Judge to determine, tion. and grant or refuse the prayer thereof, as to him shall Civ. 02, appear proper, having a due regard to the true interest of the petitioner.

2700.

of

Duty Clerk; pro

recorded,

changes.

Sec. 3461. Whenever the prayer of such petition shall be granted, it shall be the duty of the Clerk of said Court to ceedings to be enter the same on the minutes of the Court, and to file the when name original petition, with the fiat of the Judge, among the Civ. '02, § papers of his office; and to deliver to the petitioner a true 2701. copy of said petition, together with a copy of the Judge's order thereon, properly certified, and under the seal of said Court; for which the said Clerk shall be entitled to and eceive from the petitioner the sum of five dollars and no

more.

To sue, &c., by new name;

Sec. 3462. In all cases the persons so changing his or her ame may sue and be sued, plead and be impleaded, by his old suits. r her new name, and no other. In all cases where an action

Civ. '02, § 2702.

A. D. 1912.

Effect on old obligations.

Civ. '02, 8 2703.

Adoption of

change of name, etc.. how affected.

Civ. '02, 8

XXV, 581.

or actions shall be pending at the time of such alteration of names, the same shall not abate by the party's name being changed, but the record on motion shall be amended by expunging the old name, and inserting the new name of the party.

Sec. 3463. In all cases, where the party changing his or her name is bound by obligation or otherwise, the effect of which obligation would extend to and impose any obliga tions on the heirs, executors, or administrators, of the person so having changed his name, the said heirs shall be and remain bound, to all intents and purposes, in the same manner and to the same extent as if the party had not changed his or her name.

Sec. 3464. Any person or persons who may desire to children, adopt any child or children in this State, and confer upon such child or children so adopted the right to inherit as the lawful child or children of the said person or persons. 2704. 1907, whether it be desired to change the name of such child or children or not, shall be authorized to file his or their peti tion in the Court of Common Pleas for the County in which he, she or they may reside; and, thereupon, the Court, upon an examination into the merits of the said petition, either in open Court or upon reference, shall be authorized to grant the prayer thereof, upon such terms as may to the Court seem proper; and, thereupon, the name of the said child or children shall be changed, if so provided in the decree of said Court, and such child or children shall be entitled to inherit from the said petitioner or petitioners as his, her or their lawful child or children: Provided, That, before any hearing shall be had on said petition, the child or children so sought to be adopted, and whose name or names are sought to be changed, shall be served with a copy of said petition, and guardian ad litem for such child or children shall be appointed as in other civil actions: Provided, further, That whenever the child or children, whose adop an inmate of tion may be desired by any person or persons, in accordance orphan house. with the foregoing provisions of this Section, is or are an inmate or inmates of any orphan house within this State. then the petition for the adoption of such child or children hereinbefore required may be filed, and all other proceedings in reference thereto had in the Court of Common Pleas for

When child

A. D. 1912,

to adoption of

children.

he County in which such orphan house is situated, with like 'orce and effect in every respect as if such petition had been iled and such proceedings had in the Court of Common Pleas for the County in which such petitioner or petitioners nay reside: Provided, That no person in this State shall dopt an illegitimate child unless the father and mother of Provisions as aid child, if both were unmarried at the time of its birth,111egitimate ould have lawfully contracted matrimony under the Contitution and laws of this State, nor when the person seeking ɔ adopt an illegitimate child has, at the time of filing the etition, either a lawful wife or child, unless the wife is the nother of such illegitimate child, and unless the wife file her ritten consent to said adoption in the office of Clerk of Court of County wherein said petition is filed: Provided, urther, That no person who adopts any illegitimate child hall give to such child, by deed, will, or otherwise, any reater portion of his estate than is now allowed by law, nless such person has no lawful wife or issue living at the me of his death; nor shall such illegitimate child inherit, a case of intestacy, from the adopted parent any greater ortion of his estate than may be given to such child by deed will, when such intestate leaves a widow or lawful issue rviving him.

A. D.. 1912.

CHAPTER LXXXV.

Masters, Apprentices and Laborers.

ARTICLE 1. Master and Apprentice.

ARTICLE 2. Protection of Laborers.

Persons may

take and teach

one

2705.

Section 3465. It shall and may be lawful to and for any

or more person or persons within this State to take one or more apprentices.__ apprentice or apprentices, indented according to the direc Civ. '02, §tions of this Chapter, and to teach such apprentice or apprentices the lawful business, art, trade, and mystery specified in the indenture or indentures of such apprentice or apprentices, during the time therein limited, and to retain and keep in his or their service such apprentice or apprentices until the expiration of the said time, or until such apprentice or apprentices shall be lawfully discharged.

Sec. 3466. It shall be the duty of any Magistrate whom application is made by a person desiring to become

A. D. 1912,

Infant ap

prentices, how

when

-·

Civ. '02, S 2706.

the master or mistress of any infant to be bound to service by indenture according to law, to certify under his hand and seal upon such indenture, the presence and approba-Indentures tion of the father, mother, or guardian of such infant, at the vold. time it was executed; and in case such infant so to be apprenticed shall have neither father, mother, nor guardian, to approve such indenture, then the presence and approbation of the grandfather, grandmother, or brother, sister, uncle, or aunt, of mature age, or of his own approval of such indenture, to be certified thereon, each in the order herein established and enumerated, and in like manner shall certify the approval of such persons as above designated, which indenture or indentures, so executed and certified as aforesaid, shall be good and effectual, to all intents and purposes, as if such apprentice had been of full age, and by indenture of covenant had bound him or herself; or otherwise shall be void and of none effect.

Welborn v. Little, 1 N. & McC., 263; Austin v. McClany, 5 Strob., 104; Anderson v. Young, 54 S. C., 388; 32 S. E., 448.

to be certified

trates.

Sec. 3467. In the same manner, any Magistrate shall Assignment certify the assent of the same parties, in like order, to the of indentures assignment and transfer of such indenture for sufficient by Magis cause, by the master or mistress,, to any person exercising Civ. '02, the employment specified therein, which said indenture so 2707. assigned shall be valid and effectual to the assignee, as to the time remaining unexpired, as if the said apprentice had been originally indented to such assignee; and the said assignee, on accepting such assignment, shall be equally bound to the said apprentice, according to the tenor of the said indenture, as the original master or mistress was. Sec. 3468. The time of service of any apprentices who Executor or are, or shall be, indented to serve their masters, mistresses, their executors, or assigns, in this State, remaining unex-sign pired at the time of the death of any of the masters or mistresses of such apprentices, and not before assigned in 2708. manner aforesaid, shall be deemed and taken as assets in the hands of the executors or administrators of any such masters or mistresses, and it shall and may be lawful to and for such executors or administrators to retain any such apprentices in their own service during the remainder of such time: Provided, The executor or administrator so

administrator may retain, &c., may asinden

ture.

Civ. '02, §