trial of an issue; or the plaintiff may waive the answer of the debtor, and rely upon other testimony. All such examinations and answers shall be on the oath of the party, except that when a corporation answers, the answers shall be on the oath of an officer thereof. (523.)

821. Orders of Court as to property. 598. Upon the hearing, the Judge of the Court may order any property of the judgment-debtor, not exempt from execution, in the hands either of himself or any other person, or any debt due to the judgment-debtor, to be applied to the satisfaction of the judgment, and forbid transfers of property and choses in action; and such Judge or Court shall have full power to enforce all orders and decrees in the premises, by attachment or otherwise. (524)

I. This section reaches only "the property of the debtor not exempt from execution," not his moneys, claims, and choses in action.-Wallace v. Lawyer, 54 Ind. 501. 2. The Court should not order the sale of accounts on execution, but should enjoin the transfer by the debtor, and order the persons owing them to pay them to the creditor, if such persons be parties in the suit.― Woolley v. Woolley, 12 Ind. 663,

3. In proceedings supplementary, the affidavit may be made by an attorney of the creditor. Pleadings as in ordinary cases are not necessary. Other creditors are neither necessary nor proper parties.- Eden v. Everson, 65 Ind. 113.

822. Costs-Proceedings summary. 599. Costs shall be 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. (525.)

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.

1. The adopted children of the husband are not the children of his wife nor " .ne children of a previous wife." They are only, under sections 2486 and 2489, heirs of the adopting father in the degree of children.- Barnes v. Allen, 25 Ind. 222; Isenhour v. Isenhour, 52 id. 328.

2. 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.—Barnhizle v. Ferrell, 47 Ind. 335.

824. Contents of petition, how verified.

specify

First. The name of such petitioner.

2. Such petition shall

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 affirma. tion of such petitioner.

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 from 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 by act in force March 2, 1883. S. 1883, p. 61.

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.]

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, the 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.

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

828. Costs. 6. Such petitioner shall pay all costs of such proceedings. [1865 S., p. 185. In force December 21, 1865.]

829. Child adopted in another State-Proceedings. 1. Wherever any child may have heretofore been adopted or may hereafter 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.

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

1. The statute concerning arbitrations does not contemplate or provide for the arbi tration of a cause pending in Court.—Francis v. Ames, 14 Ind. 251; Daggy v. Cronnelly, 20 id. 474.

2. The statute is cumulative, and does not affect submissions at common law.-Forqueron v. Van Meter, 9 Ind. 270; Saunders v. Heaton, 12 id. 20; Miller v. Goodwine, 29 id. 46; Sandford v. Wood, 49 id. 165; Webb v. Zeller, 70 id. 408.

3. When award and arbitration are relied upon, they must be specially pleaded.Brown v. Perry, 14 Ind. 32.

4. As to statutory arbitration, see Francis v. Ames, 14 Ind. 251; Estep v. Larsh, 16 id. 82; Shroyer v. Bash, 57 id. 349; Martin v. Bevan, 58 id. 282; Marsh v. Curtis, 71 id. 377.

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.

1. When in an arbitration at common law the submission is to three, all must act, to render the award valid.— Baker v. Farmbrough, 43 Ind. 240.

2. The revocation of a submission must be definite and unconditional. Moore v. Barnett, 17 Ind. 349; Goodwine v. Miller, 32 id. 419.

3. A common-law award is a good bar to a suit for the same cause, though there be no performance.—Walters v. Hutchins, 29 Ind. 136.

4. Fraud in procuring it vacates a submission and the subsequent proceedings.— Rice v. Loomis, 28 Ind. 399.

5. 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.

6. Decisions of arbitrators on questions of law are conclusive.— Goodwine v. Miller, 32 Ind. 419.

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 submis sion.

1. The right of trial by jury exists in an action upon a common-law award.— Goodwine v. Miller, 32 Ind. 419.

2. When parties have not agreed that the award and submission shall be a rule of Court, the arbitration can not be regarded as statutory.- Hawes v. Coombs, 34 Ind. 455; Anderson v. Anderson, 65 id. 196; Healy v. Isaacs, 73 id. 226.

3. In a suit upon an arbitration-bond, it will be presumed, the contrary not appear.

ing, 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.

4. 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. Hayes, 4 Blackf. 44; Saunders v. Heaton, 12 Ind. 20.

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.

1. 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 id. 221.

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.

1. The award itself need not show that the arbitrators were sworn; it may be shown aliunde.-Cones v. Vanosdal, 4 Ind. 248; Forqueron v. Van Meter, 9 id. 270. 835. Who to administer oath. 6. Such oath, and the oaths to witnesses, may be administered by any person authorized to administer oaths. 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.

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.

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

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

1. An award at common law must be signed by all the arbitrators.-Jeff. R. R. Co v. Mounts, 7 Ind. 669; Kile v. Chapin, 9 id. 150; Sandford v. Wood, 49 id. 165.

2. An award under statutory arbitration need only be signed by a majority of the arbitrators, unless something in the submission requires more.-Buxton v. Howard, 38 Ind. 109.

3. When the evidence is not in the record, it will be presumed that the award was justified thereby.- Id.

4. A statutory award must be signed by an attesting witness, before the expiration of the official term of the arbitrators.- New Albany, etc., R. R. Co. v. McPheeters, 12 Ind. 472.

5. If the award be signed by all the arbitrators, the signature of a stranger does not vitiate it. Cones v. Vanosdal, 4 Ind. 248.

839. Fees to be returned with award. 10. The fees of the Justice issuing process and of the witnesses in such case shall be the same as allowed before Justices of the Peace, and shall be ascertained and estimated by the arbitrators, and returned with the award, including therein. their own fees as allowed by law.

I. The costs of arbitration should be taxed and returned with award.-Conrad v. Johnson, 20 Ind. 421.

2. An award as to costs should be definite as to the costs intended to be awarded.Jacobs v. Moffatt, 3 Blackf. 395; Hamilton v. Wort, 7 id. 348.

3. If the submission provide a rule as to the costs, arbitration will be bound thereby.-Cones v. Vanosdal, 4 Ind. 248.

4. A submission to arbitration can not be made a rule of Court before a Justice: that Court can not render a valid judgment upon an award.— Richards v. Reed, 39 Ind. 330.

5. Presumption is made in favor of the validity of awards; even when they exceed the terms of submission, Courts are inclined to sustain them.-Adams v. Harrold, 29 Ind. 198; Allen v. Hiller, 8 id. 310.

840. Copies to be given to parties. 11. A true copy of the award, and of the costs aforesaid, shall be delivered to each of the parties, or left at his last usual place of residence, by any one of the arbitrators, within fifteen days after the signing of such award.

841. Filing in Court. 12. If either of the parties shall fail or refuse to comply with such award, the other party may file the same, together with the agreement of submission, in the Court named in such submission.

842. Entry of award-Rule to show cause. 13. Upon such submission being proved by a subscribing witness thereto, or in case of his death, insanity, or absence out of the State, then by proof thereof as in other cases of a written instrument, and upon the award also being proved in like manner, or by the arbitrators or any of them, and upon proof that a copy of the award has been duly served on the party against whom the rule is asked, the Court shall cause such submission and award to be entered of record, and shall grant a rule thereon against the adverse party, to show cause at that or the succeeding term of the Court why judgment shall not be rendered by such Court upon the said award.

1. A statutory award, not submitted under section 851, is void unless a copy thereof be left by one of the arbitrators with each of the parties thereto, or at his usual place of residence, within fifteen days of the signing of the same. - Flatter v. McDermott, 15 Ind. 389; Estep v. Larsh, 16 id. 82; Conrad v. Johnson, 25 id. 487.

843. Judgment on award. 14. Upon the return of the rule, the Court shall confirm the award and render judgment thereon, unless the award be vacated, or modified, or postponed, as herein provided; which judgment shall have the same force and effect as judgments in other cases. 1. Readiness to perform that required by the award is no answer in a suit for noncompliance: there must be a performance.- Hawes v. Coombs, 34 Ind. 455.

2. In an award in bastardy, the death of the child is no excuse for non-performance. -Eaton v. Burns, 31 Ind. 390.

844. Hearing, when had on rule to show cause. 15. If the rule has been served ten days or more on the adverse party before the time set for showing cause against the award, the Court may proceed to examine and determine the same in his absence; or if he appear, they shall proceed to hear and determine the grounds alleged against such award, if there be

any.

1. The power of an arbitration expires with the return of the award into Court.Indiana, etc., R. R. Co. v. Bradley, 7 Ind. 49.

2. As to the effect of an award, see Elliott v. Adams, 8 Blackf. 103; Saunders v. Heaton, 12 Ind. 20; Davis v. Bond, 14 id. 7; Moore v. Barnett, 17 id. 349; Flatter v. McDermott, 25 id. 326; Adams v. Harrold, 29 id. 198; Milner v. Noel, 43 id. 324.

3. An award after maturity carries interest.- Hamilton v. Wort, 7 Blackf. 348. 4. Any demand within the scope of the reference, not brought before the arbitration, is waived. Stipp v. Washington Hall Co., 5 Blackf. 473.