piration of such period, but shall contain no provision for its political or sectarian training, or education. Such corporation shall keep careful supervision of all children placed by it, and except in case of legal adoption, shall require from persons taking them a full report of their condition and welfare at least once a year; and its agents shall have the right to visit such children and personally investigate their conditions as often as may be deemed desirable. If such corporation become satisfied, upon due investigation, that the influence of any home is harmful, or the treatment of the child is unduly severe or inconsiderate, it may require through its board of directors or managing officer, the return of such child to the main office of such corporation, at the expense of the family having it.

Sec. 3. Property to be exempt from taxation. That Section Chapter 61, 3 of said Chapter 314, Laws 1913, be and the same is hereby amended Laws 1915, so as to read as follows:

Section 3. Said corporation shall have supervision over all children received by it as provided in this act and shall have a right to be appointed by the proper court and to act as guardian of any of said children. Said corporation and all its property, personal, real and mixed, shall be exempt from taxation. Said corporation shall have all the powers and rights now conferred upon the governing body of cities, counties, towns and villages by Section 3122, Revised Laws 1905, and may exercise the powers and rights as provided in said Section 3122; and may have children committed to said home by the Probate Court and may receive the same in the same manner as provided in Sections 3122, 3123, and 3124, Revised Laws, 1905.

Sec. 4. This act shall take effect and be in force from and after its passage.

Page 80.

Chapter 210,

As Amended

CHAPTER IX.

Illegitimate Children.

A. Proceedings to Establish Paternity.

3214. Complaint-warrant.-On complaint being made to a Laws 1917, justice of the peace or municipal court by any woman who is delivered Page 296. of an illegitimate child, or pregnant with a child which, if born alive, By Chapter 489 might be illegitimate, accusing any person of being the father of such Laws 1921 child, the justice or clerk of the court shall take the complaint in writing, under her oath, and thereupon shall issue a warrant, directed to the sheriff or any constable of the county commanding him forthwith to bring such accused person before such justice or court to answer such complaint; which warrant may be executed anywhere within the state. Such complaint shall be filed and further proceedings had either in the county where the woman resides or in the county where the alleged father of the child resides or in the county where the child is found, if it is likely to become a public charge upon such county.

3215. Action how entered-proceedings. The justice shall enter an action in his docket, or the clerk of court in his register of actions, in which the state shall be plaintiff and the accused defendant, and shall make such other entries as are required in criminal actions. On the return of the warrant with the accused, the justice or judge shall examine under oath the complainant, and such other witnesses as may be produced by the parties, respecting the complaint, and shall reduce such examination to writing. He may at his discretion, and at the request of either party shall, exclude the general public from attendance at such examination.

3216. Recognizance. If there is probable cause to believe the defendant guilty as charged in the complaint, the justice or judge shall require him to enter into a recognizance, with approved sureties, in the sum of not less than three hundred dollars nor more than one thousand dollars, to appear before the district court of the proper county at the next term thereof, or if such court is then sitting in the county, at a date fixed by the justice or judge, and answer said complaint and abide the order of such court thereon. If he fails to give such recognizance, the justice or judge shall commit him to the county jail, there to be held to answer such complaint at the next term of such court, or at the date so fixed; provided, however, that said accused may appear before the court at any time and enter a plea of guilty to such complaint. Thereupon the justice or judge shall certify the examination, and return the same and all process and papers in the case of the clerk of such court.

3217. Proceedings in district court.-At the next term of said court, or at the date fixed by the justice or judge, if the complainant has not been delivered or is not able to attend, or for any other sufficient reason, the court may continue the cause, and such continuance shall renew the recognizance, which shall remain in force until final judgment. If the sureties shall at any term of court surrender the defendant and ask to be discharged, or if the court shall at any time deem it proper, it may order a new recognizance to be taken, and commit the defendant until it is given.

3218. Trial-judgment and proceedings to enforce the same. Upon the trial the examination taken before the justice or judge of the municipal court shall in all cases be read to the jury when demanded by the defendant. If he is found guilty, or admits the truth. of the accusation, he shall be adjudged to be the father of such child and thenceforth shall be subject to all the obligations for the care, maintenance and education of such child, and to all the penalties for failure to perform the same, which are or shall be imposed by law upon the father of a legitimate child of like age and capacity. Judgment shall also be entered against him for all expenses incurred by the county for the lying-in and support of and attendance upon the mother during her sickness, and for the care and support of such child prior to said judgment of paternity, the amount of which expenses, if any, shall also be found by the judge, together with the costs of prosecution. If the defendant fails to pay the amount of such money judgment forthwith, or during such stay of execution as may be granted by the court, he shall be committed to the county jail, there to remain until he pays the same or is discharged according to law; provided, however, that no stay shall be granted unless the defendant shall give a bond to the county, in such sum and with such sureties as shall be approved by the court, for the payment of such money judgment on or before the expiration of such stay. Upon due notice to the State Board of Control or the duly appointed guardian of the child, the Judge of the District Court before whom the proceedings are pending shall make and enter an order, directing and requiring the father of such child to pay to the State Board of Control or the County Child Welfare Board, if there be one, or the duly appointed guardian of such child such sum of money or its equivalent, as may be proper and adequate for the care, maintenance, and education of such child. Or such order may provide for the payment, in the manner heretofore provided, of a specific sum each month, or at other stated intervals, for the purpose hereinbefore specified, and may further require the father of such child to furnish such bond or other security for the performance of said order as may be proper and necessary. The Court shall further fix the amount, and order the defen

dant to pay all expenses necessarily incurred by, or in behalf of, the mother of such child, in connection with her confinement and the care and maintenance of the child prior to judgment. If the defendant fails to comply with any order of the Court, hereinbefore provided for, he may be summarily dealt with as for contempt of court, and shall likewise be subject to all the penalties for failure to care for and support such child, which are or shall be imposed by law upon the father of a legitimate child of like age and capacity, and in case of such failure to abide any order of the court, the defendant shall be fully liable for the support of such child without reference to such order.

3219. Action by mother of child against father.-In the event of judgment of paternity as provided in section 3218 the mother shall be entitled to recover of the father in a civil action all expense necessarily incurred by her in connection with her confinement, including her suitable maintenance for not more than eight weeks next prior thereto and not more than eight weeks thereafter; and for the burial of the child if the same shall have been still born, or shall have died after birth, and all necessary expenses and doctor's bills in connection with her or said child's sickness. The provisions of this section shall apply only to such expense or portion thereof as is not otherwise provided for by order of the Court.

3220. Petition for discharge-notice. Any person who has been imprisoned ninety days for failure to pay any such money judgment for expenses incurred by the County as hereinbefore set forth, may apply to said court, by petition setting forth his inability to pay the same, and praying to be discharged from imprisonment, and shall attach to such petition a verified statement of all his property, money and effects whether exempt from execution or otherwise. Thereupon the court shall appoint a time and place for hearing said application, of which the petitioner shall give at least ten days' notice to the county attorney.

3221. Hearing-discharge. At the hearing the defendant shall be examined on oath in reference to the facts set forth in such petition and his ability to pay such money judgment, and any other legal evidence in reference to such matters may be produced by any of the parties interested. If it appears that the defendant is unable to pay such judgment, the court may direct his discharge from custody, upon his making affidavit that he has not in his own name any property, real or personal, and has no such property conveyed or concealed, or in any manner disposed of with design to secure the same to his own use or to avoid in any manner payment of such judgment. The court, as a condition of such discharge may require the defendant to pay such judgment

in monthly or other installments, as the earning capacity of the defendant may justify. If upon such hearing it appears that the defendant has property: but not sufficient to pay such judgment, the court may make such order concerning the same in connection with such discharge as justice may require. The defendant's discharge as aforesaid shall not affect the right of the county to collect upon execution any portion of such judgment remaining at any time unsatisfied, subject to all the provisions of law relating to judgments for the payment of money; or the right of the court to recommit the defendant if at any time it shall appear to the court that the defendant is possessed of means to pay said judgment but will not do so.

3222. Complaint by others than mother.-If a woman is delivered of an illegitimate child, or is pregnant with a child likely to be illegitimate when born, the county board of the county where she resides, or any member thereof, or the state board of control, or any person duly appointed to perform in said county any of the duties of said board relating to the welfare of children, may apply by complaint to at justice of the peace of the county or to a municipal court to inquire into the facts and circumstances of the case. Such complaint shall be filed. and further proceedings had, either in the county where such mother resides, or in the county of the residence of the alleged father of such child, or in the county where such child may be found, if it is likely to become a public charge therein.

3223. Procedure-warrant.-Such justice or the judge of the municipal court may summon the woman to appear before him, and may examine her on oath respecting the father of such child, the time when and place where it was begotten, and any other facts he deems necessary for the discovery of the truth, and thereupon shall issue his warrant to apprehend the putative father. Thereafter the proceedings shall be the same as if the complaint had been made by such woman under the provision of this chapter, and with like effect, and in all cases the complainant and the accused may require the attendance of such woman as a witness.

3224. Compromise by board. The county board, either before or after judgment, may make such compromise and settlement with the putative father of any illegitimate child, as they deem equitable and just, for expenses incurred by the county for which judgment may be or shall have been entered pursuant to section 3218.

3225. (a) Settlement by father.-The state board of control or duly appointed guardian of the person of an illegitimate child shall have authority to accept from the acknowledged father of the child such sum as shall be approved by the court having jurisdiction of