nance for his wife. The amount thereof to be determined by considering the wife's need and the husband's ability. McKnight v. McKnight, — Unoff. —; 98 N. W. R. 62. 26. In case stated, held, that the court had no jurisdiction to decree the conveyance of lots in payment of alimony, for the reason that the pleadings were not broad enough to indicate to the defendant that such a judgment was asked. Banking House v. Dukes, Neb. -; 97 N. W. R. 805.

27. Right of dower as affected by the statute of limitations. 57 C. L. J. 326.

5383

6. The appointment of a guardian ad litem is not a mere matter of form, nor are his duties merely perfunctory. He should prepare and conduct the defense of his wards with the same care and skill as though acting under a retainer. Boden v. Mier, Neb. 98 N. W. R. 701.

7. Where jurisdiction has not been obtained by due service of process, a court acquires no jurisdiction over minor defendants by the appointment of a guardian ad litem, and the filing of an answer by such guardian. Boden v. Mier, Neb. - 98 N. W. R. 701.

5387

2. A guardian may lease the ward's land for the term of his guardianship, but any excess in such lease beyond such term will be void at the election of the ward on attaining his majority. Jackson v. O'Rorke, Neb.; 98 N. W. R. 1068.

5397

2. Neither the county court nor a person under guardianship because of insanity, nor the guardian of the latter, nor all together can ratify or confirm a conveyance of lands by the ward made previous to the guardianship, but while he was insane. Ginrich v. Rogers, - Neb. -; 96 N. W. R. 156.

If after a full examination, it shall appear to the Court, or a judge thereof, either that it is necessary or that it would be for the benefit of the ward, that the real estate or any part thereof, should be sold, such Court, or any judge thereof, may grant a license therefor, specifying therein whether the sale is to be made for the maintenance of the ward and his family, or for the education of the ward or his children, or in order that the proceeds may be put out or invested as aforesaid,* which said license shall order the Guardian to sell described land or interest in land at public sale, provided, however, that in those cases where it shall be made to appear to the Court, or the judge thereof, that the interest of the said ward in and to the land so to be sold is of less value than the sum of $500.00, the said Court, or a judge thereof, may in his discretion order the guardian to sell said land or interest in land at a private sale.

History. "Or any judge" inserted and all after* added 1905, S. F. 233; in force July 1.

5424

2. The provision for the oath before fixing the time and place of sale is mandatory. Such oath taken and subscribed by an attorney employed by the guardian to conduct the sale is not sufficient. While

5425. Notice of sale.

the guardian is not required to act as auctioneer, he must have general supervision of the conduct of the sale and can not delegate this authority. Lavara v. McNeny, Unoff. -; 98 N. W. R. 679.

-

He shall also give public notice of the time and place of sale, and shall proceed therein in like manner as is prescribed in the case of a sale by administrators, and the evidence of the giving of such notice may be perpetuated in like manner and with the same effect as is provided in the case of sale of real estate by administrators:* provided, however, that should the license granted to said guardian to sell real estate of the ward, give to said guardian the permission and authority to sell the estate of the ward at private sale, no notice of said sale shall be necessary, but the guardian shall use his best judgment and determination with reference to the disposition of his said ward's estate.

History.-Guardian changed to administrators and all after* added 1905, S. F. 233; in force July 1.

Secs. 5445 to 5448. An act to provide for the conveyance of the interest of an insane wife or husband in the lands of his or her spouse. Perry's bill for conveyance of lands of insane. 1905, H. R. 223; in force July 1.

5445. Conveyance of property of insane spouse.

Where either the husband or wife is insane and incapable of executing a deed, relinquishing or conveying his or her right to the real property of the other, the legally appointed guardian of such insane person may petition the district court of the county of his or her residence, or of the county where the real estate to be conveyed is situated, setting forth the facts, and praying for an order authorizing the applicant or some other person to execute a deed and relinquish the interest of the insane person in said real estate. History.-Laws 1905, H. R. 223, sec. 1; in force July 1.

5446. Procedure to sell under preceding section.

The petition shall be verified by the petitioner, and filed in the office of the clerk of the district court,of the proper county, notice of which shall be given as in other cases. Upon completed service, the court shall appoint some responsible attorney thereof guardian for the person alleged to be insane, who shall ascertain the propriety, good faith and necessity of the prayer of the petitioner, and may resist the application by making any legal or equitable defense thereto, and he shall be allowed by the court a reasonable compensation to be paid as the other costs.

History.-Laws 1905, H. R. 223, sec. 2; in force July 1.

5447. When court enter decree.

Upon the hearing of the petition, the court, if satisfied that it is made in good faith by the petitioner, and he is a proper person to exercise the power and the conveyances, and it is necessary and proper, shall enter a decree authorizing the execution of the conveyance, for and in the name of such husband or wife, by such person as the court may appoint.

History.-Laws 1905, H. R. 223, sec. 3; in force July 1.

5448. Effect of deed-Revocation.

All deeds executed as provided in this chapter shall convey the interests of such insane person in the real estate described, but such power shall cease and be revoked as soon as he or she shall become of sound mind and apply to the court therefor, but such revocation shall not affect conveyances previously made. History.-Laws 1905, H. R. 223, sec. 4; in force July 1.

Secs. 5449 to 5467. An act to regulate the treatment and control of dependent, neglected, and delinquent children. Mockett's juvenile court bill. 1905, S. F. 6; in force March 8.

5449. Definition of terms used in this act.

This act shall apply only to children under the age of sixteen (16) years and shall not apply to children who are now, or who shall hereafter become, inmates of a state institution, or of any training school for boys or industrial school for girls, or some orphanage, society or institution incorporated under the laws of this or some other State, unless such children shall have been placed therein under and by virtue of the provisions of this act. For the purpose of this act the words "dependent child" and "neglected child" shall mean any child under the age of sixteen (16) who for any reason is destitute or homeless or abandoned, or dependent upon the public for support, or has not proper parental care or guardianship, or is growing up under such circumstances as would tend to cause such child to lead a vicious or immoral life; or who habitually begs or receives alms; or who is found living in any house of ill fame or with any vicious or disreputable persons, or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such child; and any child under the age of eight (8) years who is found begging, peddling or selling any article, or singing or playing any musical instrument upon the street, or giving any public entertainment, or who accompanies or is used in aid of any person in so doing. The words "delinquent child" shall include any child under the age of sixteen (16) years who violates any law of this state or any city or village ordinance, or who is incorrigible, or who knowingly associates with thieves, vicious or immoral persons, or who is growing up in idleness or crime or who knowingly visits or enters a house of ill repute; or who knowingly patronizes or visits any policy shop or place where any gambling device is or shall be operated; or who patronizes or visits any saloon or dram shop where intoxicating liquors are sold; or who patronizes or visits any public pool room or bucket shop; or who wanders about the streets in the night time, without being on any lawful business or occupation; or who habitually wanders about any railroad yards or tracks, or jumps or hooks on to any moving train or enters any car or engine without authority; or who habitually uses vile, obscene, vulgar, profane or indecent language or is guilty of immoral conduct in any public place or about any school house. The word "child" or "children" may mean one or more children, and the word "parent" or "parents" may be held to mean one or both parents, when consistent with the intent of this act. The word "association"

shall include any corporation which includes in its purpose the care or disclipine of children coming within the meaning of this act.

History-Laws 1905, S. F. 6, sec. 1; in force March 8.

5450. Jurisdiction.

The District courts of the several counties in this state and the judges thereof in vacation, shall have original jurisdiction in all cases coming within the terms of this act; the county court in each county shall have concurrent jurisdiction with the district court, but such jurisdiction shall not be exercised by the county court except in the absence of the judge or judges of the district court from the county. Where a proceeding has been instituted under this act before any county court, the jurisdiction of this court over such proceedings shall continue until the final disposition thereof; provided that appeal may be had to the district court in the same manner as is now provided by law in civil cases. In all trials under this act where a delinquent child is charged with a crime, any person interested therein may demand a jury, or the judge of his own motion may order a jury to try the case. Provided: That in cities having a population of forty thousand and upward, the police judge thereof shall have jurisdiction under this act concurrent with the county judge within the limit such city.

History-Laws 1905, S. F. 6, sec. 2; in force March 8.

5451. Juvenile court.

In counties having over 40,000 population, the judges of the District court shall, at such times as they shall determine, designate one or more of their number, whose duty it shall be to hear all cases coming under this act. A special court room, to be designated as the Juvenile Court Room, shall be provided for the hearing of such cases, and the finding of the court shall be entered in a book or books to be kept for that purpose, and known as the "Juvenile Record," and the court may for convenience be called the "Juvenile Court."

History.-Laws 1905, S. F. 6, sec. 3; in force March 8.

5452. Petition to the court.

Any reputable person being a resident in the county, having knowledge of child in his county who appears to be either neglected, dependent or delinquent, may file with the clerk of a court having jurisdiction in the matter, a petition in writing, setting forth the facts verified by affidavit. It shall be sufficient that the affidavit is upon information and belief.

History.-Laws 1905, S. F. 6, sec. 4; in force March 8.

5453. Summons.

Upon the filing of the petition a summons shall issue requiring the person having custody or control, of the child, or with whom the child may be, to appear with the child at a place and time stated in the summons, which time shall not be less than twenty-four hours after service. The parents of the child, if living, and their residence is known, or its legal guardian, if one there be or if there is neither parent nor guardian, or if his or her residence is not known, then some relative if there be one, and his residence is known, shall be notified of the proceedings, and in any case the judge may appoint some suitable person to act in behalf of the child. If the person summoned as herein provided, shall without a reasonable cause fail to appear and abide the order of the court or bring the child, he may be proceeded against as in the case of contempt of court. In case the summons can not be served or the parties served fail to obey the same, and in any case when it shall be made to appear to the court that such summons will be ineffectual, a warrant may issue on the order of the court, either against the parent or guardian or the person having custody of a child, or with whom the child may be, or against

the child itself; on the return of the summons or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner. Pending the final disposition of any case the child may be retained in the possession of the person having the charge of the same or may be kept in some suitable place provided by the city or county authorities or given to any proper and accredited charitable institution.

History.-Laws 1905, S. F. 6, sec. 5; in force March 8.

5454. Probation officers.

The judge of the district court having charge of the juvenile docket shall have authority to appoint or designate two or more persons of good character, one of whom, shall be a woman, to serve as probation officers during the pleasure of the court. Such officers shall perform the duties prescribed in this act for probation officers and such other duties as may be required by the judge of the juvenile court, and such officers shall receive no compensation from the county treasurer, except as herein provided. In counties having a population of 50,000, or upward, three probation officers, one of whom shall be designated as "chief probation officer," shall be paid as other salaried county officers are paid. The chief probabation officer shall receive a salary of twelve hundred dollars ($1,200) per annum and two others to be designated "assistant probation officers" shall be paid as other county officers are paid, three dollars ($3.00) a day for the time actually employed which time shall be certified to the board of county commissioners of the county by the chief probation officer. In case a probation officer shall be appointed by any court, it shall be a duty of the clerk of the court, if practicable, to notify the said probation officer in advance, when any child is to be brought before the said court. It shall be the duty of the said probation officer to make such investigation as may be required by the court; 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 judge may require, and to take such charge. of any child before and after trial as may be directed by the court. History.-Laws 1905, S. F. 6, sec. 6; in force March 8.

5455. Dependent and neglected children.

When any child under the age of sixteen (16) years shall be found to be delinquent dependent or neglected within the meaning of this act, the court may make an order committing the child to the care of some suitable institution or to the care of some reputable citizen of good moral character, or to the care of an industrial school, as provided by law; or to the care of some association willing to receive it, embracing in its objects the purpose of caring for or obtaining homes for dependent or neglected children, which association shall have been accredited as hereinafter provided. The court may, when the health or condition of the child shall require it, cause the child to be placed in a public hospital or institution for treatment or special care, or in an accredited and suitable private hospital or institution which will receive it for like purpose without charge. History.-Laws 1905, S. F. 6, sec. 7; in force March 8.

5456. Guardianship.

In any case where the court shall award a child to the care of any association or individual, in accordance with the provisions of this act, the child shall, unless otherwise ordered, become a ward and be subject to the guardianship of the association or individual to whose care it is committed; such association or individual shall have authority by and with assent of the court to place such a child in a family home with or without indenture, and may be made parties to any proceeding for the legal adoption of the child and may by its or his attorney or legal agent

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