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CHAPTER 337 An act in relation to the establishment of childrens homes in the several counties of the state and the maintenance thereof. The General Assembly of North Carolina do enact :
On application of any person to have a child committed to any such institution it shall be the duty of the clerk of the superior court to inform himself of the circumstances of the case, and for this purpose he shall cite before [him] one or more of the directors, trustees or managers of such institution and also the parents, parent or guardian or next friend or other person having the custody of such child, and shall carefully by affirmation examine such persons as he may deem proper as may be offered as witnesses, and the evidence taken by him he shall commit to writing and shall file the same, together with his findings of facts and his adjudication thereon, as arecord of said court, and shall record his final judgment or order in the case in a book to be kept by him for that purpose. If he shall adjudge such child to be indigent within the meaning of this act he may issue to the directors, trustees or managers of such institution under the seal of said court a commitment of said child to their care and custody, and such commitment shall be received in all courts of this state as proof of the guardianship of said directors, trustees or managers over said child and their right to retain the said child in their custody under this law: Provided, that no white child shall be committed to any such institution established or maintained for colored children, and no colored child shall be committed to any such institution established or maintained for white children: And provided further, that no child shall be committed to any such institution unless such child shall have acquired a legal settlement in the county by which such institution is maintained or aided as is now required in case of paupers.