monthly out of the funds of the county.

Actual disbursements for necessary expenses, exclusive of office expenses, made by probation officers while in the performance of their duties shall be reimbursed to them out of the county funds after approval by the judge of the juvenile court; but no officer shall be allowed for such disbursements a greater sum than two hundred dollars in any one year.

§ 12. It shall be the duty of the county court in such county to provide a place or places of detention for children coming within the provisions of this act, and for offices of the probation officers. Such place or places shall be outside the inclosure of any jail or police station, and be in charge of a matron, or other person of good moral character, such person or matron to be appointed by the county court. The county court is hereby authorized to lease or to acquire by purchase, gift or devise, land for such purpose, and to erect buildings thereon and to equip and maintain the same for the subsistence and education of children placed therein. The money necessary to provide and maintain such places of detention shall be taken from the dram shop fund of the county, or any other county fund available for that purpose. § 13. In all cases arising under this act the juvenile court shall require notice to be given and investigation to be made when practicable, as in the several cases under this act provided for, and may adjourn the hearing from time to time for the purpose. The court shall not commit a child sixteen years of age or under to a jail or police station; but if said child is unable to give bail, it may be committed to the care of the sheriff, police officer, or probation officer, who shall, unless otherwise ordered by the court, keep such child in the place or house of detention provided by the county, or such child may be committed to the care of any association willing to receive it, having for one of its objects the care of neglected children. When any delinquent child shall be sentenced to confinement to 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 bring such child into any yard or building in which adult convicts may be present, or to permit any contact or intercourse whatever between such child and such adults. No child within the provisions of this act fourteen years of age or under shall, under any circumstances, be incarcerated in any common jail or lock-up; and any officer or person so doing shall be adjudged guilty of a contempt of court and punished accordingly. The judge of the juvenile court may make in vacation any order for the temporary care of any child or children coming within the provisions of this act.

$ 14. It shall be the duty of all circuit, prosecuting and city attorneys representing the state or city in any court held in the counties aforesaid, to give to the probation officer such aid in the performance of his duties as may be consistent with the duties of the office of such attorneys. It shall be the duty of any police officer or constable making an arrest of a child 16 years of age or under, in the counties aforesaid, to give information of that fact at once to the probation officer, or one of his deputies, and also to furnish such probation officer with all facts in his possession pertaining to said child, its parents, guardian, or other person interested in such child, and also of the nature of the charge upon which such arrest has been made.

$ 15. Any probation officer may, without warrant or other process, at any time until final disposition of the case of any child over whom said juvenile court shall have acquired jurisdiction, take any child placed in his care by said court, and bring such child before the court, or the court may issue a warrant for the arrest of any such child; and the court may thereupon proceed to make any lawful disposition of the case.

§16. In the case of a delinquent child the court may suspend the sentence or execution thereof from time to time, and may in the meantime commit the child to the care and control of a probation officer duly appointed by the court, and may allow such child to remain in its home, subject to the visitation and control of the probation officer, such child to report to the probation officer as often as may be required and to be subject to be returned to the court for further proceedings whenever such action may appear to the court to be necessary; or the court may authorize the child to be placed in a suitable family home, subject to the friendly supervision of a 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 payment of the board of such child, until suitable provision may be made for the child in a home without such payment; or the court may commit the child, if a boy, to the Missouri Training 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 to any institution which now or hereafter may be established by tue state or county for the care of boys or girls.

§ 17. In any case where the court shall commit 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 control of the association or individual to whose care it is committed, but subject to the order of the court.

§ 18. The judge of the juvenile court may secure such information from any association desiring to have children committed to its care under the provisions of this act, as said judge may deem necessary to enable him to exercise a wise discretion in dealing with such children. Every such association shall file with the state board of charities and corrections an annual report respecting the children cared for during the year under the provisions of this act; the number placed in homes, the number that have died, the number returned to parents or friends. The court shall have power to withdraw any child sent to any institution or association or person at any time, and to make other provision therefor.

§ 19. The juvenile court, in committing children, shall place them as far as practicable in the care and custody of some individual holding the same religious belief as the parents of such child, or with an association controlled by persons of like religious faith as the said parents.

§ 20. An appeal shall be allowed to the child from any final judgment of delinquency or dependency, or final order of commitment made under the provisions of this act, and from any modifications of such order, and may be demanded on the part of the child by its guardian, by either parent, or by its previous custodian, or by any person within the fourth degree of kindred to such child. Provided, however, that such appeal shall be taken at the same term of court at which the order is made, and such appeal shall act as a supersedeas if a bond in such sum as may be fixed by the court, with sufficient sureties thereto shall be given, payable to the state of Missouri, and conditioned that when so ordered by the court the child shall be surrendered to abide such judgment or order as may be rendered or made by the appellate court, but the trial court or the appellate court may, in its discretion, by an order modify or dispense with such bond; in which case the allowance of the appeal shall act as a supersedeas on compliance with the order so made.

§ 21. In any case in which the juvenile court shall find a child neglected or delinquent, it may in the same or a subsequent proceeding, upon the parents of said child or either of them being duly summoned, or voluntarily appearing, proceed to inquire into the ability of said parent or parents to support the child, or contribute to its support, and if the court shall find that such parent or parents are able to support the child or contribute thereto, the court may enter an order or decree requiring said parent or parents to support such child or contribute thereto, and may enforce the same by execution.

§ 22. This act shall be liberally construed to the end that its purpose may be carried out, to wit, that the care, 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.

§ 23. Nothing in this act shall be construed to repeal any portion of the law relating to the State Industrial Home for Girls or the Missouri Training School for Boys; and in all commitments to either of said institutions the law in reference to said institution shall govern the same.

§ 24. An act entitled "An act to regulate the treatment and control of neglected and delinquent children in counties having a population of 150,000 inhabitants and over," approved March 23, 1903, so far as said act applies to counties having less than five hundred thousand inhabitants, is hereby repealed.

§ 25. Doubts having arisen as to the interpretation of the present law relating to neglected and delinquent children in counties coming within the provisions of this act an emergency is created within the meaning of the constitution; therefore, this act shall take effect and be in force from and after its passage.

NEBRASKA.

Juvenile Courts and Probation System.

Chapter 59, March 8, 1905.

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

Section 1. That 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) years 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 wou.d 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 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 a 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 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 discipline of children coming within the meaning of this act.

§ 2. The district court 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 limits of such city.

§ 3. 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 case, 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."

§ 4. Any reputable person being a resident in the county, having knowledge of a 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.

§ 5. 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 on behalf of the child. If the person summoned as herein provided, shall without a reasonable cause fail to appear and abide by 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 cannot 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 the 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.

§ 6. 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 upwards, three probation officers, one of whom shall be designated as "chief probation officer," shall be paid as other salaried officers are paid. The chief probation officer shall receive a salary of twelve hundred dollars ($1200) 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 the 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.

§ 7. 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.

§ 8. 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 the 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 the 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 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; and 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, of any probation officer of such court or any person appointed by the court for 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 interest of the child to make such change.

§ 9. 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 the 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 hereinbefore provided.

§ 10. 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.

§ 11. 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.