The words "delinquent person" shall include any person under the age of eighteen years who violates any law of this state or any ordinance of any town, city, county, or city and county of this state, defining crime.

A deposition 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, except in subsequent cases against the same child under this act; nor shall the name of any such child in connection with any proceedings under this act be published in any newspaper without a written order of the court. The word "child" or "children" may be held to 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 association, institution, or corporation which includes in their purposes the care, or disposition of children, coming within the meaning of this act. As amended, Stats. 1911, 382.

SEC. 2. Jurisdiction. The district courts of the several judicial districts in this state 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 six or twelve persons, or the judge of his own motion may order a jury of the same number to try the case.

SEC. 3. Juvenile Department. The findings of the court shall be entered in a book or books to be kept for that purpose, and known as the "Juvenile Department," and the court may for convenience be called the "Juvenile Department of the District Court."

SEC. 4. Petition to the Court. Any reputable person, being a resident of the county, may file with the clerk of the court having jurisdiction of the matter, a petition in writing setting forth that a certain child, naming it, within his county, is either dependent, neglected, or delinquent as defined in section 1 hereof; and that it is for the interest of the child and this state that the child be taken from its parent, parents, custodian, or guardian and placed under the guardianship of some suitable person to be appointed by the court; and that the parent, parents, custodian, or guardian of such child, are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate, correct, control, or discipline such child, or that the parent, parents, guardian, or custodian consent that such child shall be taken from them. The petition shall also set forth either the name, or that the name is unknown to petitioner (a) of the person having the custody of such child; and (b) of each of the parents or the surviving parent of a legitimate child; or of the mother of an illegitimate child; or (c) if it allege that both such parents are or such mother is dead, then of the guardian, if any, of such child; or (d) if it allege that both such parents are or that such mother is dead and that no guardian of such child is known to petitioner. All persons so named in such petition shall be made defendants by name and shall be notified of such proceedings by summons if residents of this state in the same manner as is now or may hereafter be required in court proceedings by the laws of this state except only as herein otherwise provided.

All persons, if any, who or whose names are stated in the petition to

be unknown to petitioner, shall be deemed and taken as defendants by the name or designation of "all whom it may concern." The petition shall be verified by affidavit, which affidavit shall be sufficient upon information and belief. Process shall be issued against all persons made parties by the designation of "all whom it may concern" by such description, and notice given by publication as is required in this act shall be sufficient to authorize the court to hear and determine the suit as though the parties had been sued by their proper names.

SEC. 5. Summons. The summons shall require the person alleged to have the custody of the child to appear with the child at the time and place stated in the summons, and shall also require all defendants to be and appear and answer the petition on the return day of the summons. The summons shall be made returnable at any time within twenty days after the date thereof and may be served by the sheriff, or by any duly appointed probation officer, even though such officer be the petitioner. The return of such summons with indorsement of service by the sheriff or by such probation officer in accordance herewith shall be sufficient proof thereof.

Whenever it shall appear from the petition or from affidavit filed in the cause that any named defendant resides or hath gone out of the state, or on due inquiry cannot be found, or is concealed within the state or that his place of residence is unknown so that process cannot be served upon him, or whenever any person is made defendant under the name or designation of "all whom it may concern," the clerk shall cause publication to be made once in some newspaper of general circulation published in his county, and if there be none published in his county, then in a newspaper published in the nearest place to his county in this state, which shall be substantially as follows:

A, B, C, D, etc. (here giving the names of such named defendants, if any), and to "all to whom it may concern" (if there be any defendant under such designation):

Take notice that on the....day of..

was filed by....

in the..

County to have a certain child named.

A. D. 19...., a petition ..court of.. declared a (dependent

or delinquent) and to take from you the custody and guardianship of said child (and if the petition prays for the appointment of a guardian with power to consent to adoption, add and to give said child out for adoption).

Now, unless you appear within ten days after the date of this notice and show cause against such application, the petition shall be taken for confessed and a decree granted.

Dated (the date of publication).

Clerk.

And he shall also within ten days after the publication of such notice send a copy thereof by mail, addressed to such defendants whose place of residence is stated in the petition, and who shall not have been served with summons. Notice given by publications as is required. by this act shall be the only publication notice required either in the case of residents, nonresidents, or otherwise. The certificate of a clerk that he has sent such notice in pursuance of this section shall be evidence thereof. Every defendant who shall be duly summoned shall be held to appear and answer either in writing or orally in open court on return day of the summons, or, if such summons shall be served

less than one day prior to the return day, then on the following day. Every defendant who shall be notified by publication as herein provided shall be held to appear and answer either in writing or orally in open court within twenty days after the date of the publication notice. The answer shall have no greater weight as evidence than the petition. In default of an answer at the time or times herein specified or at such further time as by order of court may be granted to a defendant, the petition may be taken as confessed.

If the person having the custody or control of the child shall fail without reasonable cause to bring the child into court, he may be proceeded against as in case of contempt of court. In case the summons shall be returned and not served upon the person having the custody or control of such child or such person fails to obey the same and in any case when it shall be made to appear to the court by affidavit, which may be on information and belief that such summons will be ineffectual to secure the presence of the child, a warrant may be issued on the order of the court either against the parents or either of them, or guardian, or the person having the custody or control of the child or with whom the child may be or against the child itself to bring such person into court. On default of the custodian of the child or on his appearance or answer, or on the appearance in person of the child in court with or without the summons or other process and on the answer, default or appearance or written consent to the proceedings of the other defendants thereto, or as soon thereafter as may be, the court shall proceed to hear evidence. The court may, in any case when the child is not represented by any person, appoint some suitable person to act on behalf of the child. At any time after the filing of the petition and pending the final disposition of the case, the court may continue the hearing from time to time and may allow such child to remain in the possession of his custodian or in its own home subject to the friendly visitation of a probation officer or it may order such child to be placed in the custody of a probation officer of the court, or of any suitable person appointed by the court, or to be kept in some suitable place provided by the city or county authorities.

SEC. 6. Probation Officers. The district courts in this state shall have authority to appoint any number of discreet persons of good moral character to serve as probation officers during the pleasure of the court; said probation officers shall receive no compensation from the county treasury except as herein provided. It shall be the duty of the clerk of the court, if practicable, to notify the said probation officer when any child is to be brought before the court; it shall be the duty of such probation officer to make investigation of such case; to be present in the court to represent the interests of the child when the case is heard; to furnish such court such information and assistance as the court or judge may require, and to take charge of any child before and after the trial as may be directed by the court. The number of probation officers to receive compensation from the county, named and designated by the district court, shall be as follows:

In all counties in this state the district judge may appoint one probation officer, whenever in the opinion of the district judge, the district superintendent of schools, in which said county may be located, or be a part thereof, and a majority of the board of county commissioners

of said county shall deem such appointment necessary to care for the dependent and delinquent children of the county; provided, such probation officer can be removed from office at any time by the said district judge. The salary of said probation officer shall be as follows:

In counties having over fifteen thousand population, there shall be one probation officer, and one assistant probation officer receiving a salary. The salary of the probation officer shall be one hundred and fifty dollars per month, and the salary of an assistant shall be seventyfive dollars per month. The expenses of such probation officers for probation work shall not exceed seven hundred and fifty dollars per

year.

In counties having less than fifteen thousand population it shall be within the discretion of the district judge or county commissioners of each of said counties to determine as to the necessity of appointing a probation officer; provided, that in counties having eight thousand population and under fifteen thousand there shall be no more than one probation officer receiving a salary and such salary shall be one hundred and twenty-five dollars per month; provided, further, that in counties of five thousand and under eight thousand there shall be no more than one probation officer receiving a salary, and such salary shall be one hundred dollars per month; and provided further, that in counties of under five thousand there shall be no more than one probation officer receiving a salary, and such salary shall be seventy-five dollars per month.

All probation officers whose expenses are not herein provided shall be allowed such necessary incidental expenses as may be authorized by the judge or judges of the district court of said county; provided, that the said probation officers can be appointed for any portion or part of a year as the said district judge or judges may determine, and can be paid for the time and periods said probation officer serves under such appointment. The salary and expenses of the probation officer shall be paid out of the county funds in the county treasury in monthly installments, in the same manner as other claims against the county.

Any district judge or judges appointing such probation officer to receive a salary or other compensation from the county provided for under this act, shall transmit such appointment to the district superintendent of schools of the district of which the county in which said appointment is made is a part, the state superintendent of public instruction, and the governor of this state, who shall constitute a board to investigate the competency of such person so appointed to act as probation officer, and it shall be the duty of a majority of said board to approve or disapprove of such appointee, within thirty days after submission thereof by the said district court, and a failure to act thereon within such time shall constitute an approval of such appointment. If a majority of such board are of the opinion that such appointee does not possess the qualifications for a probation officer, they shall notify the court of their conclusions within thirty days of such appointment to the respective members thereof, whereupon it shall be the duty of the district judge or judges to withdraw such appointment and appoint some one who shall receive the approval of said board.

Probation officers receiving a salary or other compensation from the county, provided for by this act, are hereby vested with all the power

and authority of police or sheriffs to make arrests and perform any other duties ordinarily required by policemen and sheriffs which may be incident to their office or necessary or convenient to the performance of their duties; provided, that other probation officers may be vested with like power and authority upon a written certificate from the district judge or judges that they are persons of discretion and good character, and that it is the desire of the court to vest them with all the power and authority conferred by law upon probation officers receiving compensation from the county.

The appointment of probation officers and the approval thereof as to the qualifications of such officers by the board herein designated, shall be filed in the office of the clerk of the court. Probation officers shall take an oath such as may be required of other county officers to perform their duties and file in the office of the clerk of the district court. As amended, Stats. 1911, 384.

SEC. 7. Probation Committee. The judge or judges of the district court in and for each county or city and county of the state, and in counties where there is more than one judge of the said court shall, by an order entered in the minutes of the court, appoint five discreet citizens of good moral character and of either sex, to be known as "Probation Committee," and shall fill all vacancies occurring in such committee. The clerk of said court shall immediately notify each person appointed upon said committee, and thereupon said person shall appear before the judge of the district court to whom has been assigned all proceedings under this act, and qualify by taking an oath, which shall be entered in said juvenile court record, to faithfully perform the duties of a member of said probation committee.

The members of such probation committee shall hold office for two years, and until their successors are appointed and qualified. When any vacancy occurs in any probation committee by expiration of the term of office of any member thereof, his successor shall be appointed to hold office for the unexpired term.

Members of the probation committee shall serve without compensation, and shall choose from their members a chairman and secretary.

The district court or any judge thereof may at any time require of said probation committee or probation officer to examine into the qualifications and management of any society, association, or corporation, other than a state institution, receiving or applying for any child or children under this act, and to report thereon to the court.

It shall be the duty of each probation committee prior to the first day of December in each year, to prepare a report in writing on the qualifications and management of all societies, associations, and corporations, except state institutions, applying for or receiving any child under this act from the courts of their respective counties, and in such reports said committee may make such suggestions or comments as to them may seem fit, such report to be filed in the office of the clerk of the court appointing such committee for the information of the county commissioners thereof. The probation committee shall also have the control and management of the internal affairs of any detention home, heretofore or hereafter established by the board of county commissioners of their county, such control and management at all times to be subject to the approval of the district court or judge or judges thereof,