Ex parte Chambers

The Court. The writ in this case was sued out by a manager and director of the Protestant Orphan Asylum of Sacramento, a corporation duly organized under the laws of this state, and as such entitled to the care, custody, control, and management of orphans and abandoned children, and receives state aid for the support and maintenance of orphans under its care. Clara A. Chambers, in whose behalf the writ was sued out, is an orphan of the age of three years and six months, who for more than two years was under the exclusive care, custody, control, and management of said asylum, and supported entirely by said asylum.

[217]The way in which respondents acquired the custody of said Clara sufficiently appears in the following extract from their return to said writ:—

“Respondents further show to this honorable court that they are husband and wife, and now do and for more than two years have resided in the state of California; that they have no children; that being desirous to adopt a child, the respondent, Mrs. Bucldin, applied to Mrs. Sarah A. Clayton, and from her received a letter to the matron of said orphan asylum. The result was, that she visited the asylum, saw Clara A. Chambers, and by permission of the matron took the child home with her, with a view of adopting her; that she took the child from the asylum on the 4th of January of the present year, and from thence hitherto she has remained, and now does remain, with her in her family; that a few days before the first Tuesday in March of the present year, the president of said asylum (who is now Mrs. Rideout) and one of the managers visited the respondent, Mrs. Bucklin, and requested her to report to the board of managers of said asylum at their next meeting, to be held on the first Tuesday in March, 1889, if she and her said husband elected to adopt said child; that she did so report at said meeting, and did inform them that she and her husband had concluded to adopt said child in pursuance of the provisions of the Civil Code of this state, and thereupon she was notified by the president, Mrs. Rideout, that she would inform respondent of the time when she would accompany them to court, and have entered the necessary order authorizing respondents to adopt said child. Subsequently the secretary of the board of managers informed the respondent, Mrs. Bucklin, that the matter of adopting said minor was by the president submitted to her,, and that she would go with respondents before Van Fleet, one of the superior judges of said county of Sacramento, and have the necessary order made by said judge permitting these respondents