boy or girl so discharged shall return to such county the agent shall, as far as possible, assist him or her in procuring suitable employment and a good home, free from immoral and evil influences. Said agent shall also keep a brief history of each child within his county discharged as aforesaid, in a manner and form to be prescribed by the board of which he is agent, and report the same from time to time to said board as it may require, to the end that the effect of the treatment and discipline of the several institutions of the state for the caare and reformation of juvenile delinquents, upon their discharge therefrom, may be better known and understood.

Powers of County Agent.

Chapter 177, June 10, 1887: amdg. 1885 ch. 168.

AN ACT to amend section two of act number one hundred and sixty-eight, session laws of eighteen hundred and eighty-five, entitled "An act to amend sections one, two, three, four, five and six of 'An act establishing a state agency for the care of juvenile offenders,'" approved April twenty-ninth, eighteen hundred and seventy-three, as amended by an act to amend section one of said act, approved March nineteenth, eighteen hundred and seventy-five, the same being sections nine thousand eight hundred and ninety-four, nine thousand eight hundred and ninety-five, nine thousand eight hundred and ninety-six, nine thousand eight hundred and ninety-seven, nine thousand eight hundred and ninety-eight [and] nine thousand eight hundred and ninety-nine of Howell's Annotated Statutes. Section 1. The people of the State of Michigan enact, That section two of act number one hundred and sixty-eight, session laws of eighteen hundred and eighty-five, entitled "An act to amend sections one, two, three, four, five and six of 'An act establishing a state agency for the care of juvenile offenders,' "approved April twenty-nine, eighteen hundred and seventy-three, as amended by an act to amend section one of said act, approved March nineteenth, eighteen hundred seventy-five, the same being section nine thousand eight hundred ninety-four, nine thousand eight hundred ninety-five, nine thousand eight hundred ninety-six, nine thousand eight hundred ninety-seven, nine thousand eight hundred ninety-eight and nine thousand eight hundred ninety-nine of Howell's Annotated Statutes, be and the same hereby is amended so as to read as follows:

§ 2. Whenever a complaint is made or pending against any boy under the age of sixteen years or girl under the age of seventeen years for the commission of any offense not punishable by law with imprisonment for life before any court or magistrate having competent jurisdiction thereof, it shall be the duty of such court or magistrate at once, and before any further proceedings are had in the case, to give notice in writing of the pendency to said agent, if there shall be one in said county, who shall have opportunity allowed him to investigate the charge or charges, and upon receiving such notice the agent shall immediately proceed to inquire into and make a full examination of the parentage and surroundings of the child, and of all the facts and circumstances of the case, and report the same to the court or magistrate, who shall advise and counsel with the said agent; and if upon such consultation, after full investigation and proof of the offense charged, it shall appear to the court that the public interest, and the interest of such child will be best subserved thereby, he may make an order for the return of such child to his or her parents, guardian or friends; or he may authorize said agent, under the advice and approval of the judge of probate of the county, to take such child and bind him or her out to some suitable person until he or she shall have attained the age of twenty-one years, or for any less time, or impose a fine, or to suspend sentence for a definite or indefinite period; or if the child is found guilty of the offense charged, and appears to be wilfully wayward and unmanageable, the court may cause him or her to be sent to the Reform School, Industrial Home for Girls, or to any state penal or reformatory institution authorized by law to receive such boy or girl, subject to such conditions of sex and age as are provided by law for the reception of children in said school or institution; and in such cases the report of the agent shall be attached to the mittimus, and the child shall be placed in charge of the agent, or some person designated by him, to be conveyed under his direction to the institution, for which service the same fees shall be allowed as are paid to sheriffs in like cases.

This act is ordered to take immediate effect.

Adult Probation County Agent to be Probation Officer.

Chapter 91, May 7, 1903.

AN ACT to authorize the several courts of the state having jurisdiction in criminal cases, to hold or place persons, convicted of a crime or misdemeanor, on probation, under the care of probation officers provided in this act.

Section 1. Provided the defendant has never before been convicted in this state or elsewhere, of a crime or misdemeanor, after a plea or verdict of guilty in any case where the commission of a crime or misdemeanor is charged and where a discretion is conferred upon the court as to the extent of the punishment, the several circuit courts of this State and all other courts having like jurisdiction in criminal cases where it may appear to the satisfaction of the court, that the circumstances are such that the defendant is not likely to again engage in a criminal course of conduct, and that the public good will be as well subserved as to pass and enforce sentence, shall have power to place the defendant on probation under the charge and supervision of a probation officer in the following manner:

First. Before passing sentence, the court before whom he stands convicted may place the defendant in the custody and under the supervision of the probation officer and under such terms and conditions as it may determine.

Second. At any time during the probationary term of a person convicted and released on probation as aforesaid, the court before which the person was so convicted, when presided over by its judge at the time of the conviction, or his successor in office, may, in its discretion, revoke and terminate such probation. Upon such revocation and termination, the court may immediately pronounce judgment, imposing fine or imprisonment or both any time thereafter within the longest period for which the defendant might have been sentenced.

§ 2. The county agent of the State Board of Corrections and Charities, in the respective counties, shall be ex-officio the probation officer for the county: Provided, That wherever and whenever, in the opinion of the court, the county agent is disqualified and cannot discharge the duties of a probation officer in any case, the court shall have power to designate a probation officer in his stead.

§ 3. Every probation officer shall, when so directed by the court, inquire into the nature of any criminal case brought before the court under whose jurisdiction he acts, and may recommend that the defendant be placed upon probation. Each person released upon probation shall be furnished by the probation officer with a written statement of the terms and conditions of his release, and each probation officer shall keep full record of the cases investigated by him, and of all cases placed in his care by the court, and of any other duties performed by him under this act, the necessary record books and blanks for which shall be furnished and paid for by the respective counties. All persons serving as probation officers shall make a report annually through the clerk of the county in which they serve to the State Board of Corrections and Charities, showing in detail the working of the probation system in the respective counties for the fiscal year ending June thirtieth, all necessary blanks for which report shall be prescribed by said board and supplied by the secretary of state to the order of the respective county clerks. This information shall be compiled by said board and by it reported in writing to the governor, biennially, accompanied by such recommendations as the board in its discretion may see fit to make, and shall be included in its regular published report.

§ 4. Probation officers shall have, as to persons committed to their care, the powers of a sheriff, and shall be allowed the same fees as sheriffs are allowed for traveling, and the sum of two dollars a day for making investigations and report. The bills therefor upon approval by the court ordering such services, shall be paid by the county for which said services are rendered, in the same manner as are juror and witness fees.

§ 5. The court of one county may apply to the probation officer of another county for an investigation and report in any case before it where the accused has resided in such other county, and it shall be the duty of such officer to make investigation and report to the court so directing it, and the fees and per diem charge shall be paid by the county in which the accused is held for trial, upon approval by the court in the manner provided for in section four of this act.

§ 6. The benefits of this act shall not extend to any person now engaged in serving sentence in any penal, reformatory or industrial institution in this state. and shall not apply in any case after commitment.

§ 7. It shall be the duty of the probation officer to report to the court any violation or breach of the terms and conditions imposed by said court upon the persons placed in his care.

§ 8. This act is to have force and effect regardless of all previous acts which may be inconsistent herewith.

Probation Officers other than County Agents.

Chapter 221, June 18, 1903.

AN ACT to amend section two of act number one hundred sixty-eight, session laws of eighteen hundred eighty-five, entitled "An act to amend sections one, two, three, four, five and six, of an act establishing a state agency for the care of juvenile offenders," approved April twenty-nine, eighteen hundred seventy-three, as amended by an act to amend section one of said act, approved March nineteen, eighteen hundred seventy-five, and as amended by act number one hundred seventy-seven, of the session laws of eighteen hundred ninety-seven, being section two thousand two hundred sixty-one of the Compiled Laws of eighteen hundred ninety-seven.

Section 1. That section two of act number one hundred sixty-eight, session laws of eighteen hundred eighty-five, entitled "An act to amend sections one, two, three, four, five and six, of an act establishing a state agency for the care of juvenile offenders," approved April twenty-nine, eighteen hundred seventy-three, as amended by an act to amend section one of said act, approved March nineteen, eighteen hundred seventy-five, and as amended by act number one hundred seventy-seven, of the session laws of eighteen hundred eighty-seven, being section two thousand two hundred sixty-one of the Compiled Laws of eighteen hundred ninety-seven, be and is hereby amended to read as follows:

§ 2. Whenever a complaint is made or pending against any boy under the age of sixteen years, or any girl under the age of seventeen years, for the commission of any offense not punishable by law with imprisonment for life, before any court or magistrate having competent jurisdiction thereof, it shall be the duty of such court or magistrate at once, and before any further proceedings are had in the case, to give notice in writing of the pendency to said agent, if there shall be one in said county who shall have opportunity allowed him to investigate the charge or charges; and upon receiving such notice the agent shall immediately proceed to inquire into and make a full examination of the parentage and surroundings of the child, and of all the facts and circumstances of the case, and report the same to the said court or magistrate, who shall advise and counsel with the agent, and if upon such consultation after full investigation of the offense charged it shall appear to the court that the public interest, and the interest of the child, will be best subserved thereby 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 which shall be stated in the summons; if such said person is other than the parent or guardian of such child then said parents or guardians shall be notified of the pendency of the case. If persons so summoned as herein provided, shall fail, without reasonable cause, to appear with the child and abide the order of the court he may be proceeded against for contempt of court under and in accordance with the provisions of chapters thirty-eight and three hundred one of the Compiled Laws of eighteen hundred ninety-seven. In case the summons cannot be served or the parties served fail to obey the summons, and in any case when it shall appear to the court that such summons will be ineffectual, a warrant may issue either against the parent or guardian or other person having custody of the child, or with whom the child may be or against the child itself: Provided, That when a warrant is so issued the prosecuting attorney of the county shall be notified of the case pending, and shall appear in the case for the people if such appearance does not result in an undue delay in the disposition of the case. On return of the summons or other process to hear, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case, on proof of the offense charged, if it shall appear to the court that the public interest and the interest of such child will be best subserved thereby he may make an order for the return of such child to his or her parents, guardlans or friends; or impose a fine, or suspend sentence for a definite or

indefinite period, and may place such child while SO on suspended sentence under the charge of the county agent on probation: Provided, That the court may in its discretion, appoint some discreet person of good character other than the county agent to SO have the child in charge: Provided, further, That the person so appointed other than the agent, shall receive no compensation from the public treasury for the duties performed under such appointment. The child may be thus placed for such time and upon such conditions as the court shall determine; and such child so released shall be furnished with a written statement of the terms and conditions of his release. If the child be found guilty of the offense charged and appears to be wilfully wayward and unmanageable, the court may cause him or her to be sent to the Industrial School for Boys at Lansing, the Industrial Home for Girls at Adrian, or to any state institution authorized by law to receive such boy or girl, subject to such conditions of sex and age as are provided by law for the reception of children in said school, home or institution, and in such case the report of the county agent shall be attached to the mittimus, and the child shall be placed in charge of the county agent, or some person designated by him, to be conveyed under his direction to the institution; for which service the same fees shall be allowed as are paid sheriffs in like cases.

Probation Service.

Chapter 32, March 29, 1905: amdg. 1903 ch. 91.

AN ACT to amend the title and section one, of act number ninety-one of the public acts of nineteen hundred three, entitled "An act to authorize the several courts of the state having jurisdiction in criminal cases, to hold or place persons convicted of a crime or misdemeanor on probation, under the care of probation officers provided in this act."

Section 1. The title and section one, of act number ninety-one of the public acts of nineteen hundred three, entitled "An act to authorize the several courts of the state having jurisdiction in criminal cases, to hold or place persons convicted of a crime or misdemeanor, on probation under the care of probation officers provided in this act," are hereby amended to read as follows: An act to authorize the several courts of the state having jurisdiction in criminal cases, to hold or place persons convicted of a crime or misdemeanor, on probation, under the care of probation officers provided in this act, and to revoke and terminate such probation, and pronounce judgment thereon, and to discharge such persons from custody when on probation, when satisfied of such person's reformation.

§ 1. Provided the defendant has never before been convicted in this state or elsewhere of a crime or misdemeanor, after a plea or verdict of guilty in any case where the commission of crime or misdemeanor is charged and where a discretion is conferred upon the court as to the extent of the punishment, the several circuit courts of this state and all other courts having like jurisdiction in criminal cases where it may appear to the satisfaction of the court, that the circumstances are such that the defendant is not likely to again engage in a criminal course of conduct, and that the public good will be as well subserved as to pass and enforce sentence, shall have power to place the defendant on probation under the charge and supervision of a probation officer in the following manner:

First, Before passing sentence, the court before whom he stands convicted may place the defendant in the custody and under the supervision of the probation officer and under such terms and conditions as it may determine.

Second, At any time during the probationary term of a person convicted and released on probation as aforesaid, the court before which the person was so convicted, when presided over by its judge at the time of the conviction, or his successor in office, may in its discretion, revoke and terminate such probation. Upon such revocation and termination, the court may immediately pronounce judgment, imposing fine or imprisonment or both any time thereafter within the longest period for which the defendant might have been sentenced. The court whenever satisfied that the respondent has sufficiently reformed that it is reasonably certain that he will not thereafter pursue a life of crime, may terminate said probation and discharge the respondent from custody.

Chapter 312, June 17, 1905.

AN ACT to regulate the treatment and control of dependent, neglected and delinquent children and to establish juvenile courts.

Section 1. This act shall apply only to minors. For the purpose of this act the words 64 dependent child" and " neglected child" shall mean any child who for any reason is destitute or homeless or abandoned or dependent upon the public for support or who has not proper parental care and guardianship or who habitually begs or receives alms or who is found living in any house of ill-fame or with any vicious or disreputable person 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; any child under the age of ten years who is found begging, peddling or selling any article, or singing or playing any musical instrument upon the street as a business, or giving any public entertainment or who accompanies or is used in the aid of any person so doing. The word " delinquent child " shall include any boy under sixteen years of age, or girl under seventeen years of age, 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 any house of ill-repute or who knowingly patronizes or frequents any policy shop or place where any gaming device is or shall be operated; or who patronizes or frequents any saloon or place where intoxicating liquors are sold, or who frequents or patronizes 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 yard or tracks, or jumps or hooks on to any moving train, or enters any car or engine without lawful 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; every child who does not attend school and who is vicious, incorrigible, or immoral in conduct while attending school, or who is an habitual truant from school, or who habitually wanders about the streets and public places during school hours without any lawful occupation or employment. Any child committing any of the acts herein mentioned shall be deemed a juvenile delinquent person and shall be proceeded against as such in the manner hereinafter provided. A disposition of any child under this act, or any evidence given in such cause, shall not in any civil, criminal, or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever excepting in subsequent cases against the same child under this act.

§ 2. In counties of this state having over 100,000 population, the circuit court of the said counties shall have original jurisdiction in all cases coming within the terms of this act. In counties of this state having less than 100,000 population and more than 25,000 population, the circuit court commissioner, or in case there is more than one circuit court commissioner, either of them shall have original jurisdiction in all cases coming within the terms of this act. In counties having 25,000 population or less, the probate court shall have original jurisdiction in all cases coming within the terms of this act. In all trials under this act, any person interested therein may demand a jury of 6, or the judge or commissioner of his own motion may order a jury of the same number to try the case. The jury so ordered shall be summoned and empaneled in accordance with the law relating to juries in courts held by justices of the peace.

§ 3. In counties having over 100,000 population, a majority of the judges of the circuit court shall designate one or more of their members whose duty it shall be to hear all cases coming under this act. A court room to be designated as a "juvenile court room" shall be provided for the hearing of such cases, and the findings of the court shall be entered in a book or books to be kept for that purpose and known as the "juvenile record"; and these courts shall be called ' juvenile courts."

§ 4. The governor may appoint in each county of this state an agent of the State Board of Corrections and Charities, for the care and protection of ill-treated, dependent, and delinquent children, who shall hold his office during the pleasure of the governor and shall be known as the "county agent" for the county for which he is appointed. Before entering upon the duties of his office and within