cians who are duly licensed practitioners in this state stating, that such child is a suitable and proper subject for commitment to such school, are filed with said judge, he shall issue an order of commitment and attach to such order a certified copy, under his official seal, of such certificates; and thereupon said child shall be committed to such school, provided there is room in same for such child. At such hearing, said judge shall determine whether such child has property or kinsmen able and liable to provide for his support, and, if he finds that there is such property or kinsmen, he shall, in his order of commitment, state his findings in respect thereto. The property and kinsmen of such child shall be subject to the support or contribution towards the support of such child in such school in the same manner that property and kinsmen are liable under the provisions of chapter one hundred and eighty-five. The state's attorney and auditor of accounts shall have the same powers and duties in respect to hearings, property and kinsmen under this section as they have in respect to persons and property under such chapter.

SEC. 1432. Appeal; habeas corpus. An order of commitment under this chapter shall be subject to appeal in the same manner, by the same persons and to the same extent that the decrees of probate court appointing guardians over persons alleged to be insane are subject to appeal; and a commitment under this chapter shall not bar habeas corpus proceedings, but the court upon habeas corpus proceedings may confirm the order of commitment whenever justice requires.

SEC. 1433. Order of admission. The following order shall be observed in the admission of children to such school under the provisions of this chapter:

I.

Children committed from the Vermont industrial school;

II. Children committed by the probate court who have no property or kinsmen liable and able to provide for and educate them;

III. Children committed by the probate court who have property or kinsmen liable and able to provide for and educate them; and

IV. Children who may be received upon the payment of such sums and upon such terms as said director shall determine.

Discharge.

SEC. 1434. By whom and how; effect. An inmate of such school may be discharged therefrom by the director of state institutions, or by a superior judge after proper hearing and upon an application in writing of any person considered by said judge legally interested, whenever a further detention in such school is deemed unnecessary. An inmate so discharged who was at the time of commitment to such school under sentence to such industrial school, the period of whose sentence had not then expired, shall be remanded to such industrial school and thereafter be subject to the terms of his original sentence.

CHAPTER 165.

DESERTION AND NONSUPPORT OF FAMILY.*

SEC. 3536. Penalty. A husband who shall, without just cause, desert or wilfully neglect or refuse to provide for the support and maintenance of his wife in destitute circumstances; or any parent who shall, without lawful excuse, desert or wilfully neglect or refuse to provide for the support and maintenance of his child under the age of sixteen years in destitute circumstances, shall be imprisoned at hard labor not more than two years or fined not more than three hundred dollars, or both; and should a fine be imposed, it may be directed by the court to be paid in whole or in part to the wife or to the guardian, custodian or trustee of the minor child.

SEC. 3537. Proceedings, how and where instituted. Proceedings under this chapter may be instituted by any prcsecuting officer, upon complaint made by the wife or child or by any other person, against a husband or parent accused of either of the offenses named in the preceding section. Justices shall have concurrent jurisdiction with county, municipal and city courts of offenses arising under the preceding section.

SEC. 3538. Temporary orders; contempt. At any time before the trial, upon application of the complainant and upon notice to the respondent, the court, or a judge thereof in vacation, may enter such temporary order as may seem just providing for the support of the deserted wife or child, or both, and may punish for violation of such order as for contempt.

SEC. 3539. Probation; wages; order as to; recognizance. Before the trial, with the consent of the respondent, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalty hereinbefore provided, or in addition thereto, the court shall, in its discretion, having regard to the circumstances and to the financial ability or earning capacity of the respondent, have the power to make an order which shall be subject to change by the court from time to time, as circumstances may require, directing the respondent to pay a certain sum periodically to the wife, or to the guardian or custodian of the minor child, or to an organization or individual approved by the court as trustee, and to release the respondent from custody on probation, upon his entering into a recognizance, with or without surety, in such sum as the court, or a judge thereof in vacation, may order and approve. The condition of the recognizance shall be such that if the respondent shall make his personal appearance in court whenever ordered so to do and shall further comply with the terms of such order of support, or of any subsequent modification thereof, such recognizance shall be void, otherwise in full force and effect.

SEC. 3540. Proceedings upon failure to comply with order. If the court is satisfied by information and due proof under oath that the respondent has violated the terms of such order, it may forthwith proceed with the trial of the respondent under the original charge, or sentence him under the original conviction, or enforce the suspended sentence, as the case may be. In case of forfeiture of a recognizance and enforcement

*See In re Turner, 92 Vt.

thereof by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part to the wife, or to the guardian, custodian or trustee of the minor child.

SEC. 3541. Trial; proofs and competency of parties as witnesses. Other evidence shall not be required to prove the marriage of said husband and wife, or that the respondent is the father or mother of said child, than is or shall be required to prove such facts in a civil action. In a prosecution under this chapter any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife shall not apply, and both husband and wife shall be competent witnesses to testify against each other to any and all relevant matters, including the fact of the marriage and the parentage of said child, provided that neither shall be compelled to give evidence incriminating himself. Proof of the desertion of the wife or child in destitute circumstances or of neglect or refusal to provide for the support and maintenance of the wife or child, shall be prima facie evidence that the desertion, neglect or refusal is wilful.

SEC. 3542. Wages of person confined, how paid. The superintendent, sheriff or other officer in charge of the house of correction or county jail in which a person is confined on account of a sentence under this chapter, shall pay, from the moneys annually available for the purposes of this section, to the wife, or to the guardian or custodian of the minor child, or to an organization or individual approved by the court as trustee, at the end of each month, for the support of said wife or child, forty cents for each day's hard labor performed by said person so confined.

SEC. 3543. Interpretation of chapter. This chapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it.

Intoxicated Persons.

SEC. 6572. Probation; disposition of earnings. When a person is convicted of being found intoxicated, the court may suspend the execution of the sentence, and, in lieu of the execution thereof, commit the respondent to the charge of the state probation officer, and direct that all earnings of the respondent during the term of his probation shall be paid to the state probation officer, who shall use such earnings for the support of the respondent, his wife, children or other dependents. If the respondent has neither family nor dependents, said probation officer shall use such part of the money so received as he deems necessary for the proper support of the respondent; and any sums in excess of the amount required for that purpose shall be deposited in a bank in this state and be paid to the respondent at the end of the term prescribed. If such a respondent refuses to work, if able, the original sentence shall be executed under the statutes relating to probation.

Wages of Prisoners Without Dependents.

SEC. 7259. Classification of; authority of sheriff; disposition of proceeds. Such labor to be performed in a county shall be classified

and fixed from time to time by the sheriff and shall be subject to such rules and regulations as are made by said sheriff to secure humane treatment of said prisoners and to provide employment for them within or without the walls of such jail; provided, however, that the rules and regulations in respect to the care of persons employed on the public highways as herein provided shall be subject to the approval of the governor and the attorney general. Said sheriff may require and compel ablebodied prisoners so confined upon conviction for crime to work in the improvement of the public highways, within a radius of thirty miles from such jail and outside of a city or incorporated village. The state highway commissioner shall designate, subject to the approval of said sheriff, the highways and portions thereof in such county upon which such labor shall be employed and such portion so designated and approved shall be under the control of said commissioner or his assistants during the time such work is in progress and he or his assistants shall direct the manner in which the work shall be done, but the care of such prisoners while so employed shall be under the direction of said sheriff or his deputies or other qualified officers. Said sheriff is authorized to expend such sum out of the public moneys in the treasury of the county as is required for the purchase of material and tools adapted to the work herein provided. The proceeds of such labor, if any, shall be applied in payment of materials or tools so furnished, and half of any balance left thereafter shall be turned over to the state treasurer and the remaining half thereof shall be paid to the wife and minor children of said prisoner, or to some person designated by the court committing said prisoner, for the use of the said wife and minor children, and in case said prisoner has no wife or minor children, such half shall be paid by the jailer to the state probation officer. Said sheriff shall annually, on or before the tenth day of February, render an account, accompanied by vouchers, to the auditor of accounts to and including the thirty-first day of January of such year, and pay over any balance in his hands as herein provided.

11-19-17