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Dependent and Neglected Children. If the court shall find any Dependent child under the age of eighteen years to be dependent or neg- neglected lected within the meaning of this act, the court may allow children such child to remain at its home subject to the friendly visitation of a probation officer, or to report to the court or probation officer from its home or school at such times as the court may require. And if parent, parents, guardian or custodian. consent thereto, or if the court shall further find that the parent, parents, guardian or custodian of such child are unfit or improper guardians or are unable or unwilling to care for, protect, train, educate, correct or discipline such child and that it is for the interest of such child and other people of this state that such child be taken from the custody of its parents, custodian or guardian, the court may make an order appointing as guardian of the person of such child, some reputable citizen of good moral character, and order such guardian to place such child in some suitable family, home or other suitable place which such guardian may provide for such child, or the court may enter an order committing such child to some suitable state institution, of this or any other state organized for the care of dependent or neglected children, or to some training or industrial school or childrens' home-finding society of this or any other state, or to some association embracing in its objects the purpose of caring for or obtaining homes for neglected or dependent children, which association shall have been. accredited as heretofore provided.

SEC. 4. Section nine of said act shall be amended to read as follows:

delinquent

Section 9. Delinquent Children. If the court shall find any Specifying child under the age of eighteen years to be delinquent within late the meaning of this act, the court may allow such child to children remain at its own home subject to the friendly visitation of a probation officer, such child to report to the court or probation officer with such record of its conduct in its home or school as the court may require as often as may be required, and if the parents, parent, guardian or custodian consent thereto or if the court shall further find either that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate, or discipline such child, and shall further find that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate or discipline such child, and shall further find that it is for the interest of such child and other people of this state that such child be taken from the custody of its parents, parent, custodian or guardian, the court may appoint some proper person or probation officer, guardian over the person of such child and permit it to remain at its home or order such guardian to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable home, in case provision is made by voluntary contribution or otherwise for the payment of the board; or the court

Regarding delinquent children

may be proceeded

may commit such child to any institution incorporated under the laws of this or any other state to care for delinquent children, or to any institution that has been or may be provided by the state, county, city, town or village suitable for the care of delinquent children including a detention home or school, or to some association that will receive it, embracing in its objects the care of neglected, dependent or delinquent children and which has been duly accredited as herein before provided. In every case where such child is committed to an institution or association, the court shall appoint the president, secretary or superintendent of such institution or association, guardian over the person of such child, and shall order such guardian to place such child in such institution or with such association, whereof he is such officer, and to hold such child, care for, train and educate it subject to the rules and laws that may be in force, from time to time governing such institution or association.

SEC. 5. Section ten of said act shall be amended to read as follows:

Section 10. The court may, in its discretion, in any case When child of a delinquent child permit such child to be proceeded against in accordance with the laws that may be enforced in the state governing the commission of crimes or violation of city, village or town ordinances; in such case the petition filed under this act shall be dismissed.

against

regarding

delinquents

Whenever any person over the age of eighteen years and under the age of twenty-one years is accused of felony, and the indictment or information has been filed in the district court of the county wherein the crime was committed, charging said person with the commission of said felony, the judge may, in his discretion, with the consent of the accused, or upon his request, arrest said proceeding at the time of the arraignment or at any time previous to the impanelment of the jury, except where the crime charged is a capital offense or an attempt to commit a capital offense, and may proceed to investigate the charge against the defendant, and all the facts and circumstances necessary to determine the proper disposition to be made of said person, and shall determine whether said person shall be dealt with as a delinquent under the provisions of this act.

If the court is satisfied upon such investigation that said Proceedings person should be declared a delinquent and should be dealt with under this act, it may make such order as herein provided for the disposition of delinquent children. If such person thereafter proves not to be amenable to the discipline of the school to which he may be committed, and the trustees thereof shall determine that said person should be committed to a state penitentiary, such person should be returned to the custody of the sheriff of the county in which such crime was committed, and thereafter proceedings shall be had upon the indictment or information commencing at the point at which proceedings

regarding

were arrested; and said person shall be tried for the offense Proceedings alleged in the information, and if convicted shall be sent to delinquents the penitentiary for such time as the court may determine, or otherwise dealt with in accordance with the law for dealing with persons convicted of a felony. If no request is made by the defendant for proceedings under this statute, or if the defendant desires a trial by jury, or if the judge declines to consent to the application of the defendant for proceedings under this statute, said cause shall proceed in the ordinary manner up to the verdict of guilty or not guilty, as the case may be. If said person is convicted, the court may thereafter receive such evidence as may be offered, touching the question as to whether or not said person shall be dealt with as a delinquent in the manner herein before provided in the case of the application and consent of the accused before trial, and may make such order of probation or commitment to said state schools, and may from time to time modify said probation order, as is herein provided in the case of children adjudged delinquent. If such person during the period of his commitment to said state institution, proves to be incorrigible or not amenable to the discipline of such institution, and it shall be deemed advisable in the judgment of the trustees of such institution that said person be sent to the penitentiary, then said person shall be returned to the district court in which the verdict was rendered, for sentence, and thereupon the court shall pronounce judgment.

SEC. 6.

from justice

Section fourteen of said act is hereby amended to read as follows: Section 14. Transfers from Justice and Police Magistrates. When Transfers in any county where a court is held as provided in section 2 and police of this act, any child under the age of eighteen years is arrested magistrates with or without warrant, such child may, instead of being taken before a justice of the peace or police magistrate, be taken directly before such court; or if the child is taken before the justice of the peace or police magistrate, such justice or magistrate shall inquire into such case, and unless he be of the opinion that no sufficient foundation exists for the charge of dependency or delinquency, it shall be the duty of such justice of the peace or police magistrate to transfer the case to the district court, and the officer having the child in charge take the child before such court, and in any case the district 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 as herein provided. In any case the court shall require notice to be given and investigation shall be made as in other cases under this act, and may adjourn the hearing from time to time for that purpose.

SEC. 7.

as follows:

Section fifteen of said act is hereby amended to read

Section 15.

Children Under Twelve Years Not To Be Committed to Jail. No court or magistrate shall commit a child

Children under 12 not

committed to

jail

Detention how, when established

ent of detention

home, when

under twelve 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, 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 sentenced to confinement in any institution to which adult convicts are sentenced, it shall be unlawful to confine such child within the same building with such adult convict, 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.

In counties of over ten thousand population the county commissioners of each of said counties are authorized and required without unreasonable delay to provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home located at the county-seat of each of said counties, for the detention of the dependent and delinquent children and wherein all children within the provisions of this act shall, when necessary, before or after trial, be detained, either for securing the attendance of such children at any hearing or trial or when under order of probation for the best interests of said child and of the state. Such detention home shall be under the supervision of a matron who with other necessary employees shall be appointed by the judge or judges of the district court on the nomination of the probation committee, and their salaries shall be fixed by the judge or judges of the district court of the county, and such employees shall hold their positions during the pleasure of the judge or judges of their county. Such detention home shall be conducted as nearly like a home as possible, and shall not be deemed to be, or treated as a penal institution.

Whenever, in the discretion of the district judge or judges Superintend- and probation officer, it becomes necessary to provide a superintendent or other male attendant at such detention home, the district judge or judges shall make such appointment, which appointee shall be deputized as, and clothed with the authority of, a probation officer, and it shall be the duty of the county commissioners to provide for the payment of all salaries and expenses occasioned thereby.

appointed

Child may give bonds, when

Any child within the provisions of this act, informed against or regarding which a petition had been filed, or for any purpose taken into custody, shall, at any time before it is tried and adjudged to be delinquent, be entitled, by any friend or parent offering sufficient surety, to give bond or other security for its appearance at any hearing or trial of such case as such right is given to persons informed against the crime; and the court may in any case, upon the request of said child, or parent representing it, appoint counsel to appear on behalf of any such child, such counsel to receive no pay from the county.

SEC. 8. There is hereby added to said act an additional section, to be known as section twenty-nine:

may be

for care of

delinquents

Section 29. Up to and including July 1, 1913, the governor Contracts and the superintendent of public instruction of this state are made with hereby authorized and directed to make such contracts for and other states in behalf of this state, with the states of California, Oregon, juvenile Idaho or Utah, for the care, maintenance, and training of juvenile delinquents of this state, in the industrial or training schools for juvenile delinquents of such states of California, Oregon, Idaho or Utah as, and upon such terms as the said governor and superintendent of public instruction may deem necessary for the proper care, maintenance and training of such delinquents.

CHAP. 198-An act supplemental to an act entitled "An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto," approved March 23, 1891.

[Approved March 27, 1911]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

assessing

express

SECTION 1. For the purpose of assessment and collection of Method of taxes on the property and franchises of any express company property and the cash value thereof shall not be less than the largest amount franchises of on which the net profit of the company for the calendar year companies previous to the assessment or levy of the taxes will pay interest or dividends at the rate of eight per cent per annum. This net profit shall be the difference between the average gross annual earnings per mile on the mileage operated in this state on local and through business, including receipts for the transportation of parcels and property carried into, out of or through this state and the necessary annual average expense per mile on such mileage operated in this state in such transportation, carrying and operation of the business of the express company under reasonable, economical and prudent management, estimated for the last calendar year previous to the levy. The actual annual deterioration of property used in the business shall be considered a part of the annual expense.

make com

SEC. 2. Every express company shall include in the list or Express statement of taxable property now required by law to be made companies to a statement of the gross receipts and expenses and the net plete report income of the company, the amount paid in dividends and the amount held or carried over as surplus, for the last calendar year, and a statement of the total number of miles operated by such express company on any through lines which run through this state, and of the gross receipts and expenses thereon, and of the total number of miles operated by such express company

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