Incapacity, Jury Trial

Facts of incapacity, desertion, habitual intemperance, and vagrancy must be decided in said court, before the indenture can take effect, and an endorsement on the indenture, under seal of the court, that the charge or charges are proved, is sufficient evidence of the mother's power to give such consent; but if the court does not find the charge or charges to be true, the person at whose instance such proceedings may have been had must pay all costs attending the same.