Chapter 238, of the peace, a notary public, or a city or town clerk, who shall certify the fact to the probate court. (3819) 7427. When Ward attains age of fourteen.-When a guardian has been appointed by the court for a minor under the age of fourteen years, the minor at any time after he attains that age, unless such guardian is a testamentary guardian, may select his own guardian, subject to the approval of the court. (3820) D. Justice and Municipal Courts. 1. Repeal of power to commit delinquent children. An act to repeal Sections 4055, 4056, 4057, 4058, 4059, 4060 and Laws 1917, 4067, General Statutes, 1913, relating to the state training school for Page 352. boys. Be it enacted by the Legislature of the State of Minnesota: Section 1. Certain sections General Statutes 1913, repealed. Sections 4055, 4056, 4057, 4058, 4059, 4060 and 4067, General Statutes, 1913, are hereby repealed. 283. Courts in certain cities of first class-Probation officer, etc. In each city of the first class not operating under a home rule charter pursuant to section 36, article IV, of the state constitution, a probation officer shall be appointed by the judges of the municipal court of said city. Such officer may appoint one or more deputies, subject to approval by said judges. Each shall serve four (4) years, unless sooner removed by said judges for cause. (13 c. 424 § 1) 284. Same Powers and duties. Such officer, or his deputy, shall be present at every session of said court. He shall receive all persons placed on probation by said court and committed to his care during such probation period and perform such acts with reference to them as the judgment of the court may direct. He shall not be a regular member of the police force, but in the execution of his official duties shall have all the power of a police officer. ('13 c. 424 § 2) 285. Same-Reports. Every such probation officer shall report in writing to the court as often as required by it, with reference to the condition, disposition and other pertinent facts relative to the person under his care. ('13 c. 424 § 3) 286. Same-Officers, etc.-The city council of said cities shall provide such officer and his deputies with suitable furnished offices in the building where such courts are held, with record books, blanks, stationery, postage and other expenses required for the proper execution of the purposes of this act. ('13 c. 424 § 4) 287. Same Salaries. Such probation officer shall receive as full compensation for his services $1,800.00 per annum, and each deputy such amount as shall be fixed by the judges of said court, not exceeding $1,300.00 per annum. Such salaries shall be payable in equal monthly installments out of the city treasury. ('13 c. 424 § 5) Chapter 432, CHAPTER III. Crimes by and Against Children A. Criminal responsibility of children. 8473. Presumption of responsibility.-Save as hereinafter specified, every person is presumed to be responsible for his acts, and the burden of rebutting such presumption is upon him. Children under the age of seven years, idiots, imbeciles, lunatics, or insane persons are incapable of committing crime. Children of seven and under twelve years of age are presumed incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong. Whenever in legal proceedings it becomes necessary to determine the age of a child, he may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct his examination by one or more physicians, whose opinion shall be competent evidence upon the question of his age. (4754) B. Regulation of sale of non-in toxicating bevreages. An act authorizing cities, boroughs and villages to license, regulate Laws 1919, the sale of non-intoxicating beverages. Chapter 348, Section 1. License regulation for non-intoxicating beverages given to councils.-There is hereby conferred upon each city, borough and village in the state the authority by ordinance to license and regulate the business of vendors at retail of non-intoxicating beverages, to impose such reasonable license fee therefor as may be prescribed by such ordinance, and to provide for the punishment of any violation of any such ordinance according to the provisions of law. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 24, 1919. C. Tobacco and Cigarettes. An act to regulate the sale of cigarettes and cigarette paper and proLaws 1919, riding for licensing the manufacture and sale of same, and providing Page 372. penalties for the violation thereof. Be it enacted by the Legislature of the State of Minnesota: Section 1. Sale of cigarettes, etc., to person under 18 years prohibited. That it shall be unlawful for any person and any clerk, servant, employe or agent of any person, directly or indirectly upon any pretense, or by any device to sell, exchange, barter, dispose of or give away to any person below the age of eighteen (18) years of age, any cigarettes, cigarette paper, or cigarette wrappers, or any paper made or prepared for the purpose of being used for or in the making or manufacturing of cigarettes. Sec. 2. Smoking cigarettes by person under 18 misdemeanor. The smoking of cigarettes within this state by any person below the age of eighteen (18) years is hereby prohibited and any person of such minor age found smoking cigarettes shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten ($10) dollars or by imprisonment in the county jail of not more than five (5) days, such fine or imprisonment only to be imposed in the discretion of the court. Sec. 3. Licensing of sale of cigarettes, etc.-That it shall be unlawful for any person and any clerk, servant, employe, or agent of any person, directly or indirectly upon any pretense or by any device, to manufacture, sell, exchange, barter, dispose of or give away, or keep for sale any cigarettes, cigarette paper or cigarette wrappers or any paper made or prepared for the purpose of making cigarettes without first having obtained a license therefor, as hereinafter provided. Sec. 4. License to be secured of dairy and food commissioner-fee.-License for the manufacture, sale, exchange, barter, disposition of or giving away or keeping for sale of cigarettes, cigarette paper or cigarette wrappers for the making of cigarettes may be granted by the state dairy and food commissioner, who shall provide a suitable blank form of application for the use of applicant. The fee for such license shall be twelve (12) dollars and shall expire on December 31, next after its issue, and no license shall be issued for a longer term than one year, and shall not be transferable from one person to another person or from the ownership to whom issued to another ownership. Provided, that a license issued for a less term than one year, the fee for same shall be computed at the rate of one dollar for each calendar month or fractional part of such month. A penalty of fifty per cent of the license fee shall be imposed if license is not applied for within the same calendar month that first sale of cigarettes is made. Sec. 5. Written application to be filed.-Every person desiring a license under this act shall file with the state dairy and food commissioner, his inspectors or agents, a written application therefor, stating the person or firm for whom, place and building for which, it is to be issued, and shall deposit therewith the amount of the license fee. Sec. 6. When license is not to be granted. No license shall be granted in or for any city, village or county, if the governing body of such city, village or county shall by ordinance or resolution prohibit the sale of cigarettes, and a certified copy of such ordinance or resolution is filed with the state dairy and food commissioner. Sec. 7. Present licenses in force until expiration.—All licenses heretofore issued under provisions of chapter 580, General Laws of 1913, as amended by chapter 245 of General Laws of 1917, shall be, and the same is hereby in force and effect until date of expiration. Sec. 8. Dairy and food commissioner to enforce provisions of act.--The state dairy and food commissioner, his inspectors and assis tants and employes, shall enforce the provisions of this act, and in so doing shall have all the powers and authority with relation thereto, that are conferred upon them and each of them by chapter 21, Revised Laws of 1905, and the provisions of sections 1736, 1738, 1776, 1777, 1778 and 1779, Revised Laws of 1905, shall be deemed a part thereof in the enforcement of this act and accomplishments of its purposes. Sec. 9. Fees to be paid into state treasury. The fees collected under the provisions of this act shall be paid into the state treasury by the dairy and food commissioners. The state treasurer shall transmit such license money semi-annually to the treasury of the city, village or county from which the license is issued. Sec. 10. Violation a misdemeanor.-Any person violating any of the provisions of this act, except as herein provided for violation of section 2 hereof, shall be guilty of a misdemeanor and be punished by a fine of not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars or by imprisonment in the county jail of not less than fifteen (15) days nor more than ninety (90) days. Sec. 11. Certain chapters repealed. That chapter 580, General Laws of 1913, as amended by chapter 245, General Laws of 1917, is and the same are hereby repealed. Sec. 12. This act shall take effect and be in force from and after its passage. Approved April 22, 1919. D. Abortion and Sex Offenses. 8610. Killing of unborn child or mother. Every person who shall wilfully kill an unborn quick child by any injury inflicted upon the person of its mother, and every person who shall provide, supply, or administer to a woman, whether pregnant or not, or who shall prescribe for, advise, or procure a woman to take any medicine, drug, or substance, or who shall use or employ, or cause to be used or employed, any instrument or other means, with intent thereby to procure the miscarriage of |