appear in any court where such proceedings are pending and assent to such adoption; and such assent shall be sufficient to authorize the court to enter the proper order or decree of adoption; such guardianship shall not, however, include the guardianship of any estate of the child. Any association, or individual receiving the care, or custody of any such child shall be subject to visitation or inspection by the State Board of Charities and Correction, or any probation officer of such court or any person appointed by the court of such purpose, and the court may at any time require from such association, or person a report or reports containing such information, or statements, as the judge shall deem proper, or necessary to be fully advised as to the care, maintenance, moral and physical training of the child, as well as the standing and ability of such association, or individual to care for such child. The jurisdiction of the court shall continue over any child brought before the court, or committed under the provisions of this act and the court shall have power to order a change in the custody, or care of such child if at any time it is made to appear to the court that it would be for the best interests of the child to make such change.

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

5457. Disposition of delinquent, neglected, and dependent children.

In the case of a delinquent, neglected or dependent child, the court may continue the hearing from time to time, and may commit the child to the care or custody 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 probation officer as often as he may be required, and subject to be returned to the court for further or other proceedings, whenever such action may appear to be 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 a suitable provision may be made for the child in a home without such payment; or the court may commit such child, if a boy, to an industrial school for boys, or if a girl, to an industrial school for girls; or the court may commit the child to any accredited institution within the county incorporated under the laws of this state, or of any other state, that may care for delinquent children, or be provided by a city or county suitable for the care of such children. In no case shall a child be confined beyond the age of sixteen (16) years; a child committed to any such institution shall be subject to control of the board of managers thereof, 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 dependent. children and that has been duly accredited as hereinafter provided. History-Laws 1905, S. F. 6, sec. 9; in force March 8.

5458. Transfers from justices and police magistrates.

When in any county, where a court is held, as provided in Section 3 of this act, a child under the age of sixteen (16) years is arrested with or without warrant, such child may, instead of being taken before a justice of the peace or public magistrate, be taken directly before such court, or if the child is taken before a justice of the peace or police magistrate, it shall be the duty of such justice of the peace or police magistrate, to transfer the case to such court, and the officer having the child in charge, to take the child before that court, and in any case the

court may proceed to hear and dispose of the case in the same manner as if the child had been brought before the court upon petition or affidavit as herein provided. In any case, the court shall require notice to be given and investigation to be made as in other cases under this act and may adjourn the hearing from time to time for that purpose.

History.-Laws 1905, S. F. 6, sec. 10; in force March 8.

5459. Children under fourteen years not to be committed to jail.

No court or magistrate shall commit a child under fourteen (14) years of age to a jail or police station, but if such child is unable to give bail, it may be committed to the care of the sheriff, police officer or probation officer or other suitable person as the court or magistrate shall direct, who shall keep such child in some suitable place provided by the city or county outside of the enclosure of any jail or police station. When any child shall be arrested or sentenced to confinement in any institution to which adult convicts are sentenced, it shall be unlawful to confine such child in the same building with such adult convicts or to confine such child in the same yard or enclosure with such adult convicts, or to bring such child into any yard or building in which adult convicts may be present. History.-Laws 1905, S. F. 6, sec. 11; in force March 8.

5460. Agents of juvenile reformatories.

It shall be the duty of the Superintendent of the State Industrial School for boys at Kearney, and the Superintendent of the Girl's Industrial School, at Geneva, for juvenile female offenders, and the Board of Managers of any other institution to which juvenile delinquent, neglected or dependent children may be committed by the court, to maintain an agent of such institution, whose duty it shall be to examine the homes of children paroled from such institutions, for the purpose of ascertaining and reporting to said court whether they are suitable homes; to assist children paroled or discharged from such institutions in finding suitable employment, and to maintain a friendly supervision over parol inmates during the continuance of their parols. Such agents shall hold office subject to the pleasure of the board making the appointment, and shall receive such compensation as such board shall determine, out of any funds appropriated to such institution applicable thereto.

History.-Laws 1905, S. F. 6, sec. 12; in force March 8.

5461. Supervision of state board of charities and correction.

All associations receiving children under this act shall be subject to the same visitation, inspection and supervision by the State Board of Charities and Correction as are the public charitable institutions of this state, and it shall be the duty of said Board of Charities and Correction to pass annually upon the fitness of every such association as may receive or desire to receive, children under the provisions of this act, and every such association shall annually, at such time as said Board shall direct, make report thereto showing its condition, management and competency to adequately care for such children as are or may be committed to it, and such other facts as the said Board may require. And upon said Board being satisfied that such association is competent and has adequate facilities to care for such children, 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; and no child shall be committed to any such association which shall not have received such a certificate within fifteen (15) months next preceding the commitment. The court may at any time require from any association receiving or desiring to receive children under the provisions of this act, such reports, information and statements, as the judge shall deem proper and necessary for his

action, and the court shall in no case be required to commit a child to any association whose standing conduct or care of children or ability to care for the same is not satisfactory to the court. But nothing in this act shall be construed as in any manner conflicting with the powers and duties. of the Board of Public Lands & Buildings now prescribed by law.

History.-Laws 1905, S. F. 6, sec. 13; in force March 8.

5462. Surrender of dependent children-Adoption.

It shall be lawful for the parents, parent, guardian or any child, or other person having the right to dispose of a dependent or neglected child, to enter into an agreement with any association or institution incorporated under any public or private law of this state or any other state, for the purpose of aiding, caring for, or placing in homes, such children, and being approved, as herein provided for the surrender of such child to such association or institution, to be taken and cared for by such association or institution, or put into a family home, such agreement may contain any and all proper stipulations to that end, and may authorize the association or institution by its attorney or agent to appear in any proceeding for the legal adoption of such child, and consent to its adoption; and the order of the court, made upon such consent, shall be binding upon the child and its parents or guardian or other person the same as if such person were personally in court and consented thereto, whether made party to the proceeding or not. History-Laws 1905, S. F. 6, sec. 14; in force March 8.

5463. Religious preference.

The court in committing children under the provisions of this act, shall place them as far as practicable in the care and custody of some individual holding the same religious belief as the parents of said child, or with some association which is controlled by persons of like religious faith of the parents of the said child. History.-Laws 1905, S. F. 6, sec. 15; in force March 8.

5464. Industrial schools not affected.

Nothing in this act shall be construed to repeal any portion of the act to aid industrial schools for girls and boys, and in all commitments to said institutions the acts in reference thereto shall govern the same.

History-Laws 1905, S. F. 6, sec. 16; in force March 8.

5465. Construction of this act.

This act shall be liberally construed to the end that its purpose may be carried out, to-wit; that the care, custody and disclipline of a dependent, neglected or delinquent child shall approximate, as nearly as may be, that which should be given by its parents, and in all cases where it can be properly done, the child to be placed in an approved family home and become a member of the family by legal adoption or otherwise.

History.-Laws 1905, S. F. 6, sec. 17; in force March 8.

5466. County boards of visitors.

In each county the judge presiding over the juvenile court, as defined by this act, may appoint a Board of four reputable inhabitants, who shall serve without compensation to constitute a Board of Visitation, whose duty it shall be to visit as often as once a year, all institutions, societies and associations within the county receiving children under this act; said visits shall be made by not less than two of the members of the Board, who shall go together or make a joint report; the said Board of Visitors shall report to the court, from time to time, the condition of children received by or in charge of such associations and institutions, and shall make an annual report to the State Board of Charities and Correction in such form

as the board may prescribe. The County Board may, at their discretion, make appropriations for the payment of the actual and necessary expenses incurred by the Visitors in the discharge of their official duties. History-Laws 1905, S. F. 6, sec. 18; in force March 8.

5467. Repeal inconsistent acts.

All acts or parts of acts inconsistent with the provisions of this act without being more specifically designated, are hereby repealed. But nothing in this act shall be construed as in any manner conflicting with the compulsory education and child labor laws of this state.

History.-Laws 1905, S. F. 6, sec. 19; in force March 8.

Secs. 5468-69. An act to provide for the punishment of persons responsible for, or contributing to, the dependency or delinquency of children. Thomas's bill to protect chil dren. 1905, S. F. 125; in force March 21.

5468. Penalty for causing delinquency of a child.

That in all cases where any child shall be a delinquent or dependent child, as defined by the statute of this State, the parent or parents, or persons having custody of such child, or any other person, responsible for, or by any act encouraging, causing or contributing to the delinquency or dependency of such child, shall be guilty of a misdemeanor, and upon trial and conviction thereof, shall be fined in any sum not exceeding five hundred dollars ($500.00), or imprisonment in the county jail for a period not exceeding six (6) months, or punished by both such fine and imprisonment. The court may impose conditions upon any person found guilty under this act, and so long as such person shall comply therewith to the satisfaction of the court the sentence may be suspended. Provided, that no such sentence or execution thereof shall be stayed to exceed a period of two (2) years, and if at the expiration of the stay of such sentence, or at such time prior thereto as the court may deem proper, it shall appear to the satisfaction of the court that such person has complied faithfully with the conditions of his probation, or such suspended sentence, the court may suspend such sentence absolutely, in which case such person shall be released therefrom. If, at any time during the stay of execution of any such sentence it shall be made to appear to the satisfaction of the court that the sentence ought to be enforced, the court shall have the power to revoke the stay of such sentence and execution, and enforce the same and the term of such sentence shall commence from the date upon which the same is ordered to be enforced.

History.-Laws 1905, S. F. 125, sec. 1; in force March 21.

5469. District and county court concurrent jurisdiction.

The district county courts in the several counties shall have concurrent jurisdiction over all cases coming within the provisions of this act. In counties having a population of more than 50,000, county courts shall not exercise such jurisdiction, except in the absence from the county of the district judge or judges. History.-Laws 1905, S. F. 125, sec. 2; in force March 21.

5500

4. This act does not violate the constitution (sec. 521) providing that no person's property shall be taken for public use without compensation. Morris V. Washington County, Neb. -; 100 N.

W. R. 144.

5510

2. The county board, in fixing assessments to pay for the construction of a drainage ditch, act judicially. From its action error will lie to the district court, and from there to the supreme court. Its findings are entitled to the same consid

Any person or persons or association of any kind or any corporation, who shall either for himself or for another deposit within the banks, said limits or right of way of any drain or ditch, that has been, or shall hereafter be constructed under the terms and provisions of this act, or within the banks of water courses or draws that lead or empty into such drains or ditches, any brush, trees, hay, straw, manure or any other debris, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than ten dollars nor more than fifty dollars, and shall moreover be liable in damages to any party injured.

History. Amended 1905, H. R. 44; in force March 9.

5543. Owner may drain his own land.

Owners of land may drain the same in the general course of natural drainage by constructing an open ditch or tiled drain, discharging the same into any natural watercourse or into any natural depression or draw whereby water may be carried into some natural watercourse; and when such drain or ditch is wholly on the owner's land he shall not be liable in damage therefor, to any person or corporation. History.-Amended and tile drain inserted 1905, H. R. 186; in force July 1.

5561 to 5579. Repealed 1905, H. R. 224; in force March 9.