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seat, then in the opinion of the sheriff of the county, it shall be necessary to insure its attendance in court at such times as shall be required. In order to avoid such incarceration, if practicable, it shall be the duty of the sheriff of the county, or his deputy or representative, to serve a notice of the proceedings upon at least one parent of the child, if living and known, or its legal guardian, or if his or her whereabouts or residence is not known, or if neither parent nor guardian shall be in this state, then some relative living in the county, if any there be whose whereabouts are known, and such judge or sheriff may accept the verbal or written promise of such person so notified, or of any other proper person to be responsible for the presence of such child at the hearing in such case, or at any other time to which the same may be adjourned or continued by the court. In case such child shall fail to appear at such time or times as the court may require, the person or persons responsible for its appearance as herein provided for, unless in the opinion of the court there shall be reasonable cause for such failure of such child to appear as herein provided for, may be proceeded against as in cases of contempt of court and punished accordingly; and where any such child shall have failed to appear, as required by the court or its officers, any warrant, capias or alias capias issued in such case may be executed as in other cases; Provided, however, that no child within the provisions of this act under fourteen (14) years of age shall under any circumstanes be incarcerated in any common jail or lock-up, and any officer or person violating this provision of this act shall be guilty of a misdemeanor, and on conviction fined in a sum not to exceed one hundred dollars ($100). In counties of the first class it shall be the duty of the proper authorities to provide and maintain at public expense a detention room, or house of detention, separated or removed from such jail or lock-up, to be in charge of a matron or other person of good moral character, wherein all children within the provisions of this act shall, when necessary, be incarcerated. Any such child so informed against shall also have the right now given by law to any person to give bond or other security for its appearance at the trial of such case, and the court may, in any such case, appoint counsel to appear and defend on behalf of any such child.

Section 7. When any child sixteen (16) years of age or under, is arrested with or without warrant, such child shall instead of being taken before a justice of the peace or police magistrate, be taken directly before the county court;

or, if the child is taken before a justice of the peace or police magistrate, upon complaint sworn out in such court or for any other reason, it shall be the duty of such justice of the peace or police magistrate to transfer the case to such county court, and the officer having the child in charge to take the child before that court, and, in any such case the court may proceed to hear and dispose of the case in the same manner as if such child had been brought before the court upon information originally field as herein provided; or, when necessary, in cases where the delinquency charged would otherwise constitute a felony, may direct such child to be kept in proper custody until an information or complaint may be filed as in other cases under this act or the laws of the state; Provided, That nothing herein shall be construed to confer jurisdiction upon any justice of the peace or police court to try any case against any child sixteen (16) years of age or under.

Section 8. The county courts of the several counties in this state shall have authority to appoint or designate one or more discreet persons of good moral character to serve as probation officers during the pleasure of the court; said probation officers to receive no compensation from the county treasury except as herein provided. In case a probation officer shall be appointed by the court it shall be the duty of the clerk of the court, if practicable, to notify the said probation officer when any child is to be brought before the court; it shall be the duty of such probation officer to make investigation of such case; to be present in court to represent the interests of the child when the case is heard; to furnish to the court such information and assistance as the court or judge may require, and to take charge of any child before and after the trial as may be directed by the court. The number of probation officers named and designated by the county court, shall be as follows: In counties having a population of over one hundred thousand, not to exceed three (3) probation officers, one of whom shall be appointed and designated as chief probation officer, who shall receive a salary of fifteen hundred dolars ($1,500) per year, and expenses may be allowed said officer to the amount of five hundred dollars ($500) in the discretion of the court, and two (2) others to be appointed and designated as assistant probation officers, who shall receive a salary of twelve hundred dollars ($1,200) per year and expenses may be allowed said assistant probation officers to the amount of three hundred dollars ($300) each in the descretion of the court, from

the public funds, said salaries to be paid in equal monthly installments by the board of county commissioners of such county, or that official or official body having the powers and duties, or similar powers and duties to those now or heretofore conferred by law upon the board of county commissioners of such counties or other proper officer as to the payment for services to the county; in all other counties having a population exceeding fifteen thousand, according to the last federal census, not to exceed one probation officer, to be appointed and designated as herein provided for, who shall be paid such annual salary as may be fixed by a majority of the board of county commissioners, payable in equal monthly installments as herein provided; Provided, That no such appointment, except in counties having over one hundred thousand population, shall be made unless in the opinion of the county judge and a majority of the board of county commissioners such appointment upon such salary shall be necessary. In counties of over one hundred thousand population a probation officer to be paid a salary as provided for under this act shall not be qualified to act as such until such appointment has been submitted to the State Board of Charities and Corrections, and such appointee approved by said board as a qualified and proper person to discharge the duties of such office, and it shall be the duty of said board to approve or disapprove of such appointee within thirty (30) days after submission thereof by the county court, and a failure to act thereon in such time shall constitute an approval of such appointment. Paid probation officers provided for by this act are hereby vested with all power and authority of sheriffs to make arrests and perform other duties incident to their office.

Section 9. In any case of a delinquent child coming under the provisions of this act, the court may continue the hearing from time to time, and may commit the child to the care of a probation officer, and may allow said child to remain in its own home, subject to the visitation of the probation officer; such child to report to the court or probation officer as often as may be required, and subject to be returned to to the court for further proceedings whenever such action may appear necessary; or the court may cause the child to be placed in a suitable family home, subject to the friendly supervision of the probation officer and the further order of the court; or it may authorize the child to be boarded out in some suitable family home, in case provision is made by voluntary contribution or otherwise for the payment of the

board of such child, until suitable provision be made for the child in a home without such payment, or the court may commit such child, if a boy, to the State Industrial School for Boys, or, if a girl, to the State Industrial School for Girls, or the court may commit the child to any institution within the county, incorporated under the laws of this state, that may care for children, or which may be provided by the state or county, suitable for the care of such children, or to any state institution which may now or hereafter be established for the care of boys or girls. In no case shall a child proceeded against under the provisions of this act be committed beyond the age of twenty-one. A child committed to any such institution shall be subject to the control of the board of managers and the said board shall have power to parole such child on such conditions as it may prescribe; and the court shall, on the recommendation of the board, have power to discharge such child from custody whenever, in the judgment of the court, his or her reformation is complete; or the court may commit the child to the care and custody of some association that will receive it, embracing in its objects the care of neglected or delinquent children, and which has been duly credited as herein provided.

Section 10. All institutions or associations receiving children under this act shall be subject to the same visitation, inspection and supervision by the State Board of Charities and Corrections, as are public charitable institutions of this state, and it shall be the duty of the State Board of Charities and Corrections to pass annually upon the fitness of any institution or association which may receive, or desire to receive, any child or children under the provisions of this act; and every such institution or association shall, at such times as said Board of Charities and Corrections shall direct, make report thereto, showng its condition, management and competency to adequately care for such children as are, or may be, committed to it, and such other facts as said board may require, and upon said board being satisfied that any such association or institution is competent and has adequate facilities to care for such chidren, it shall issue to the same a certificate to that effect, which certificate shall continue in force for one year unless sooner revoked by said board. The court, or the judge thereof, may at any time, require from any such institution or association receiving or desiring to receive children under the provisions of this act, such reports, information and statements as the court or judge shall deem proper and necessary for his action, and the court shall in

no case commit a child or children to any association or institution whose standing, conduct or care of children, or ability to care for the same, is not satisfactory to the court.

Section II. Nothing in this act shall be construed to repeal any portion of the act or acts providing for an industrial schol for girls or boys, nor any portion of chapter one hundred and thirty-six (136) of the Session Laws of 1899, entitled "An Act to Compel the Elementary Education of Children in School Districts of the First and Second Class," but nothing in said act shall be held to prevent proceedings against any child within the ages prescribed by said act, under this act as a juvenile disorderly person or delinquent child. All other acts or parts of acts inconsistent herewith are hereby repealed.

Section 12. This act shall be liberally construed, to the end that its purpose may be carried out, to-wit, that the care and custody and discipline of the child shall approximate as nearly as may be that which should be given by its parents, and that as far as practicable any delinquent child shall be treated, not as a criminal, but as misdirected and misguided, and needing aid, encouragement, help and assistance.

Section 13. Wheras, in the opinion of the general assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage.

NOTES EXPLANATORY OF VARIOUS SECTIONS OF THE "ACT CONCERNING DELINQUENT CHILDREN."

NOTE TO SECTION 2.

County courts in Colorado exist in each of the counties. They have original and unlimited jurisdiction in all chancery cases concerning minors and the adminstration of their estates; criminal jurisdiction against all minors, whether the offense be a felony, misdemeanor or mere delinquency; criminal jurisdiction in all cases against adults where the offense charged is a misdemeanor. In misdemeanor cases the limit of the penalties provided is one year in jail and a thousand dollars fine, or both. For this reason all offenses in the way of contributing to the delinquency of children are made misdemeanors in order that they may be all tried in the county courts which are by law declared to be the juvenile courts. Capital cases or other serious cases of crimes against children declared to be felonies are of course tried in the criminal courts. The county courts have complete jurisdiction to deal with every aspect of the case