97 



ADOPTION'. 



ADULT-SCHOOLS. 



so great inconvenience was experienced in consequence of the general 

 disinclination to marriage, that rewards were held out for its encourage- 

 ment, and penalties imposed xipon celibacy. Immunities from state 

 burdens were given to those who possessed many children ; and to 

 obtain these, the adoption of children became a great abuse. Aulus 

 Gellius, in his short notice of the legal forms and effects of adoption, 

 cites an oration of P. Scipio the Censor, who complains of the custom 

 prevalent in his time, that " an adoptive son should entitle his adoptive 

 father to privileges in the state." (Aul. Gel. 'Noct. Att.' v. 19.) Under 

 Julius Cicsar, after the wars, laws for the encouragement of population 

 were proposed, but not carried into effect ; but under Augustus the 

 Julian law was proposed, A.U.C. 736, which contained heavy penalties 

 upon celibacy, and proportionate rewards for the possession of children. 

 This law was so unpopular, that, Suetonius says, it could not be exe- 

 cuted. (Suetou. 'Aug.' 34.) Afterwards however a law passed, called 

 from the consuls who introduced it, ' Lex Papia Popptea," by which, 

 among other privileges given to those who possessed children, it was 

 id dared that, of candidates for prsctorships and other offices, those 

 .ihimM have the preference who had the greatest number of children. 

 This occasioned what Tacitus calls, in speaking of the time of Nero, a 

 ' pi-ntilent abuse, which was practised by childless men, who, whenever 

 the election of magistrates was at hand, provided themselves with sons 

 I iy fraudulent adoptions ; and afterwards, when in common with real 



- they had obtained prsctorships, instantly released themselves 

 from their adopted sons." The genuine fathers petitioned for relief, 

 which produced a decree, that in the pursuit of any public employment 

 whatever, no feigned adoptions should be of any avail, nor in taking 



by will. (See Tacit. ' Annul.' xv. 19.) 

 The eleventh title of the first book of Justim'an's ' Institutes' relates 



>lition. There were then two kinds of adoption, one called 



I'm. when by a rescript of the emperor (prinrijiuli rtucriptn), 

 whicli bid, it will be recollected, replaced the authority of the comitia, 



m adopts another who is tut juris ; the other, when by authority 

 nf the magistrate (imparia magalnMt), he who is under the control of 



rent (alleni jurln) is made over to another person, and adopted 

 by him either as his son, his grandson, or a relation in any inferior 

 degree. Females might be adopted in the same manner. But when a 

 man gave his child to be adopted by a stranger, the parental authority 

 did not pass from the natural to the adoptive father ; the only effect 

 was, that the child succeeded to the inheritance of the latter if he died 

 intestate. It was only when the adopter was the child's paternal or 

 maternal grandfather, or otherwise in locn parentit, so that the right of 

 nature concurred with that of adoption, that the new connection 

 M the same as an original one. The adopter must in all cases 

 ]i;i\i- been at least eighteen years older than the person he adopted. 

 \\'i unen, according to the laws of Justinian, were not entitled to adopt; 

 but after having lost children by death, they might, by the indulgence 

 of the emperor, be permitted to receive those of others in their place. 

 A slave, on being named a son by his master before a magistrate, 

 became free, but acquired no filial right. 



The intimate connection between the Patria, polatas and adoptio 

 niu.^t never be lost sight of; because that explains the importance of 

 tin- subject now under discvission, and the reason why its rules were so 



Sly and accurately developed ; for adoption really was the act by 

 whii-li .in individual was received into the position of a son or grandson, 



much from motive* of affection on the adopter's part as from 

 thnee of policy, enabling the adopter to acquire a patria pote*ta, and 

 thus conferring by a fictitious parentage civil and agnate righto. Hence 

 we may see the force of the expression, " Filios familias non solum 

 natura verum et adoptiones faciunt " (D. 1, 7, 1) ; and " Adoptio non 

 jus sunguinis, sed jus agnationis affert" (D. 1, 7, 23). 



The German system of adoption is derived from the Roman law, 

 though it cannot be said, according to the projier meaning of the word, 

 t.> li.iv been in force before the 15th or 16th century. Any adoption, 

 in "rder to be strictly and properly a legal process, must take place 

 before a court, or be confirmed by the proper authorities. The 

 adopted son retains his family name, and prefixes or adds to it that of 

 hi* adoptive father ; but in case a nobleman adopts a commoner, the 



".8 not succeed to the rank, unless it is confirmed by the sove- 

 reign. The more modern German institutes still keep to the principles 

 of the Roman system of adoption, though the whole is modified so as 

 to be more in harmony with German usages. The Prussian law does 

 away with all distinction between adoption and nrro;/at!on ; and allows 

 thi- .vlopted son who is of age to manage his own property. The 

 Austrian law does the name. Both also agree in requiring the age of 

 the adoptive father to be fifty at least. The Prussian law, with respect 

 to the adopted son, merely requires him to be younger than the father; 

 while the Austrian code requires him to be eighteen years younger 

 than the adoptive father. (Ersch and Umber's ' Kncyclopadie,' art. 



ion.') 



The French law is to be found in the eighth title of the first book of the 



''ivil.' Adoption is permitted to persons of either sex, provided 



they are above the age of fifty , having neither children nor other legitimate 



descendant*, and being at leant fifteen years older than the individual 



adopted. It can only be exercised in favour of one who has been an 



' if the adopter's constant care for at least six years during minority, 



in- who has saved the life of the adopter in battle, from fire, or from 

 frowning. In the latter cases, the only restriction respecting the age of 



AKT.1 AND Bcr. DIV. Mil.. I. 



the parties is, that the adopter shall be older than the adopted, and shall 

 have attained his majority, or his twenty-first year, but he or she must also 

 be without children or lawful descendants, and if married must obtain 

 the consent of the conjunct. In every case the party adopted must be 

 of the age ef twenty-one. The form is for the two parties to present 

 themselves before the local judge (ju'je de pai.c) for the place where the 

 adopter resides, and in his presence to execute an act of mutual consent ; 

 after which the transaction, before being accounted valid, must be ap- 

 proved of by the next superior court, the tribunal of first instance, within 

 whose jurisdiction the domicile of the adopter is. The adopted takes 

 the name of the adopter in addition to his own ; and no marriage can 

 take place between the adopter and either the adopted or his descend- 

 ants, or between two adopted children of the same individual, or 

 between the adopted and any child who may be afterwards born to the 

 adopter, or between the one party and the wife of the other. The 

 adopted acquires no right of succession to the property of any relatives 

 of the adopter ; but as to the property of the adopter he has the same 

 rights as a child born in wedlock, and that, even although there should 

 be other children of the latter description born after his adoption. 

 It has been decided in the French courts that aliens cannot be adopted. 



Adoption is still practised among the Turks, and other eastern 

 nations. It is common for a rich Turk, who has no children of his 

 own, to adopt as his heir the child of persons even of the poorest class. 

 The bargain is ratified before the Cadi, and their mutual consent 

 recorded ; after which the child cannot be disinherited by his adoptive 

 father. D'Herbelot states, that, according to the law of Mohammed, a 

 person becomes the adopted son of another by undergoing the cere- 

 mony of passing through hin shirt ; whence the expression, to draw 

 another through one's shirt, signifies to adopt him for a son. In India 

 the same thing is said to be frequently done by the two parties merely 

 exchanging girdles. In the Code of Gentoo Laws published by Mr. 

 Halhed, the 9th section of the 21st chapter is entitled ' Of Adoption.' 

 The law permits a child under five years of age to be given up for 

 adoption by its father for a payment of gold or rice, if he have other 

 sons, on the parties going before a magistrate and having a jugg, or 

 sacrifice, performed. A woman, however, it is added, may not adopt a 

 child without having her husband's consent ; and there is even some 

 doubt if she may with that. " He," concludes the law, " who has no 

 son, or grandson, or grandson's son, or brother's son, shall (may?) 

 adopt a son ; and while he has one adopted son, he shall not adopt a 

 second." 



There is no Adoption in the English or- Scottish system of law: 

 though we find mention of it in Bracton 1. 2 c. 29 n. 4, 5 (but see 

 Coke, 2 ' Inst.' 97). The courts have, however, recognised it as a 

 matter of feeling and affection, in the case of seduction allowing an 

 adopter to stand in loco parentis, and a compensation to be given, not 

 only for mere loss of services, but also for the aggravated injury done 

 to the object of affection. (Edmonson r. Machell, 2 T. R. 4 ; Irwin r. 

 Deal-man, 11 East. 23.) 



ADULT-SCHOOLS are establishments for instructing in reading 

 and other branches of knowledge, those persons who had not been 

 educated in their youth. They were designed to meet the wishes of 

 people who were no longer contented to remain uninstructed, and who 

 did not think that the privation of an early education should neces- 

 sarily entail upon them the evil of perpetual ignorance. 



The first school avowedly established for the purpose of instructing 

 adults, was formed in 1811, through the exertions of the Rev. T. 

 Charles, a clergyman in Merionethshire. Some grown-up persons had 

 previously attended his parish Sunday-school, but they showed a 

 disinclination to learn with children, and this circumstance led to the 

 adoption of more extended views for their benefit. Considerable 

 success both in the number and progress of the pupils, and their 

 improved conduct and character, caused the establishment of other 

 adult-schools throughout Wales. 



About the same time, and without any concert or connection with 

 the schools in Wales, a school was established at Bristol through the 

 instrumentality of W. Smith. This person, " who collected the learners, 

 engaged the teachers, and opened the two first schools in England for 

 instructing adults exclusively, in borrowed rooms, and with borrowed 

 books " (Pole's ' History and Origin of Adult Schools '), was the 

 door-keeper to a dissenting chapel. He devoted three out of eighteen 

 shillings, his weekly earnings, to defray the expense of giving to 

 his brethren the means of studying the Scriptures, and of obtaining 

 knowledge from other sources. A short time after these first 

 efforts were made, a society was formed for the furtherance of his 

 benevolent views. In the first report of this society, dated April, 1813, 

 it was stated, that 222 men and 231 women were already receiving 

 education. Adult-schools were soon afterwards established in different 

 parts of the kingdom, at Uxbridge, Norwich, Ipswich, Sheffield, 

 Salisbury, Plymouth, and other places. 



The extension, however, and the great improvements made in the 

 education of the young, seems to have interfered very materially with 

 such schools as are mentioned above. Few, except under particular 

 circumstances or the patronage of some benevolent individuals, now 

 exist. What may now be called adult-schools are of a far higher 

 character, and have been instituted to enable young men who have 

 received the rudiments of an early education to continue their progress, 

 either in particular departments or in general knowledge, in the hours 



I! 



