of chapter 154 of the General Laws of Minnesota for 1899, and acts amendatory thereof, but any such officer heretofore appointed shall continue in office until the expiration of the term for which he was appointed, subject, however, to removal by the district court for cause. ('13 c. 205 § 5)

B. Juvenile Court.

1. Juvenile court act.

An act to consolidate, codify and amend the laws providing for Chapter 397, juvenile courts, defining their jurisdiction and powers over dependent, Laws 1917, neglected and delinquent children under the age of eighteen years and Page 561. over persons contributing to such neglect or delinquency and repealing laws superseded thereby and inconsistent therewith.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. Terms defined. This act shall apply only to children under the age of eighteen years. For the purpose of this act the term "dependent child" shall mean a child who is illegitimate; or whose parents, for good cause, desire to be relieved of his care and custody; or who is without a parent or lawful guardian able to adequately provide. for his support, training and education, and is unable to maintain himself by lawful employment, except such children as are herein defined as "neglected" or "delinquent." The term "neglected child" shall mean a child who is abandoned by both parents, or, if one parent is dead, by the survivor, or by his guardian; or who is found living with vicious or disreputable persons, or whose home, by reason of improvidence, neglect, cruelty, or depravity on the part of parents, guardian or other person in whose care he may be, is an unfit place for such child; or whose parents or guardian neglect and refuse, when able to do so, to provide medical, surgical or other remedial care necessary for his health or well being; or, when such child is so defective in mind as to require the custodial care and training of the state school for the feeble-minded, neglect and refuse to make application for his admission to said institution; or who, being under the age of twelve years, is found begging, peddling or selling any articles 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 term "delinquent child” shall mean a child who violates any law of this state or any city or village ordinance; or who is habitually truant or incorrigible; or who knowingly associates with vicious or immoral persons; or who without just cause and without the consent of his parents, guardian or other custodian absents himself from his home or place of abode, or who knowingly visits any place which exists, or where his presence is permitted, in vio

lation of law; or who habitually uses obscene, profane or indecent language; or who is guilty of lewd or immoral conduct involving another person. The word "association" shall mean any corporation which includes in its purpose the care or disposition of children coming within the meaning of this act.

Sec. 2. Jurisdiction of district court-jury trial-jurisdiction of probate court.-The district court in counties now or hereafter having a population of more than 33,000 inhabitants shall have original and exclusive jurisdiction in all cases coming within the terms of this act. In all trials in the district court under this act, except as hereinafter provided, any person interested therein may demand a jury; or a judge of his own motion may order a jury to try the case. In counties now or hereafter having a population of not more than 33,000 inhabitants the probate court shall have jurisdiction over the appointment of guardians of dependent, neglected or delinquent children for the purposes of this act. The jurisdiction of both the district and probate courts over cases of dependency, neglect and delinquency arising under this act shall extend to all persons resident or found within the territorial limits of this court, although the evidentiary facts showing such dependency, neglect or delinquency may have occurred outside such territorial limits.

Sec. 3. Designation of judge of district court-juvenile court-title of proceedings. In counties having more than 33,000 population the judges of the district court shall at such times as they shall determine designate one of their number whose duty it shall be to hear all cases arising under this act, unless absent or disabled, in which case another judge shall be temporarily assigned for said purposes; and such designation shall be for the period of one year unless otherwise ordered. The judge of the juvenile court so designated shall devote his first service and all necessary time to the business of the juvenile court, and this work shall have precedence over all his other court work. When deemed advisable the district judges may designate two judges for the purposes and subject to the provisions specified in this section. A special court room, to be designated as the juvenile court room, shall be provided for the hearing of such cases, and the findings 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 of the appropriate county. The title of proceedings in the juvenile court, excepting prosecutions under section 27 and 28 of this act, shall be substantially as follows:

Juvenile Court, County of____

In the matter of______

neglected or delinquent, as the case may be) child.

_as a dependent (or

Sec. 4. Clerk to assign deputy-salaries.-The clerk of the district court shall assign a deputy, subject to the approval of the judge of the juvenile court, who shall have special charge of the duties to be performed by the clerk in connection with the juvenile court, and whose duty it shall be to keep all books and records thereof, to issue summons and process, to attend to correspondence in connection with the court, and in general to perform such duties in the administration of the business of the court, whether or not herein specifically enumerated, as the judge may direct. Such deputy may be specially appointed for the purposes specified herein, in addition to other deputies provided for by law. In counties where more than one judge of the juvenile court has been designated a deputy clerk may be assigned for each. In counties having not less than 150,000 population the salary of the deputy clerk assigned pursuant to this section shall be $1,800 per annum. When not engaged in the duties pertaining to the juvenile court the deputy shall do such work in the clerk's office as the clerk may direct. When such deputy is absent the clerk, or another deputy, may perform the duties. herein specified. The clerk may from time to time change the assignment of such deputy with the approval of the judge. When no assignment of a deputy has been made pursuant to this section the clerk of the district court shall perform the duties herein specified.

Sec. 5. Bailiff in counties having not less than 150,000 population. In counties having not less than 150,000 population a bailiff of the juvenile court may be appointed by the judge of the court. He shall serve four years, unless removed by the judge for cause, and shall be in attendance at all sessions of the court, make service of summons, writs, warrants and process issued out of the court, and perform such other duties as may be directed by the judge. He shall have all the authority of a deputy sheriff, and when his services are not required by the juvenile court he may, with the consent of the judge, be called upon by the sheriff to serve as such deputy. In case of his absence the sheriff shall, upon request of the judge, assign a deputy to perform his duties. The bailiff shall receive a salary of $1,500 per annum, which sum shall include all expense incurred by him in the performance of his duties within the county.

Sec. 6. Probate court as juvenile court-record-appeal. -In counties of not more than 33,000 population the judge of probate shall provide himself with a suitable book in which to record all proceedings for the appointment of guardians under the provisions of this act, at the expense of the county, and shall record in said book all proceedings taken in each case coming before him under this act, but need not record any evidence taken except as it shall seem to him proper and necessary. The reasons for appointing a guardian shall be entered there

in and any parent or the attorney for any child may appeal from the final disposition of the guardianship matter by complying with the law regulating appeals from probate courts. When acting under the provisions of this act the probate court may for convenience be called the juvenile court of the appropriate county.

Sec. 7. Petition. Any reputable person resident in the county, having knowledge of a child in the county who appears to be either dependent, neglected or delinquent; and any agent of the state board of control or the state department of labor and industries may file with the judge or clerk of the court having jurisdiction in the matter a petition in writing, setting forth the facts and verified by affidavit. The petition shall set forth the name and residence of each parent if known, and if both are dead or the residence unknown, then the name and residence of the legal guardian, or if there be none, or if his residence is unknown, then the name and residence of some near relative, if there be one and his residence is known. It shall be sufficient that the affidavit is upon information and belief.

Sec. 8. Summons-notice-warrant-hearing-temporary care of child. Upon the filing of the petition a summons shall be issued by the judge or clerk of the court 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. Such place may be in the county seat of the county, or in any other city or village in the county, at the discretion of the court. It shall be sufficient to confer jurisdiction if service is made at any time before the day fixed in the summons for the return thereof; but in such case the court if so requested shall not proceed with the hearing earlier than the second day after serviće. The summons shall be served as provided by law for the service of summons in civil actions, and may be served by a probation officer. 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 or guardian, or if his 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 in behalf of the child. Where the person to be notified resides within the county, service of notice shall be the same as service of the summons, but in any other case service of notice shall be made in such manner as the court may direct. If the person summoned as herein provided shall fail without reasonable cause to appear and abide the order of the court, or bring the child, he may be proceeded against as in case of contempt of court. In case the summons cannot be served or the party served fails to obey the same, and in any case when it shall be made to appear to the court that

such summons will be ineffectual, or that the welfare of the child requires that he shall be brought forthwith into the custody of the court, a warrant may issue on the order of the court, either against the parent or guardian or person having custody of the child or with whom the child may be, or against the child himself. On the return of the summons or other process, or on the appearance of the child with or without summons or other process in person before the court, and on the return of the service of notice, if there be any person to be notified, or a personal appearance or written consent to the proceedings of the person or persons, if any to be notified, 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 custody of the person having charge of the same, or may be kept in some suitable place provided by the village, city or county authorities, or in some suitable place designated by the court, at the expense of the county.

Sec. 9. Probation officers - duties — compensation. — The court shall have authority to appoint one or more persons of good character to serve as probation officers during the pleasure of the court. Such probation officers shall act under the orders of the court in reference to any child committed to their care, and in the performance of their duties shall have the general powers of a peace officer; and it shall be their duty to make such investigations with regard to any child as may be required by the court before, during or after the trial or hearing, and to furnish to the court such information and assistance as may be required; to take charge of any child before or after trial or hearing whenever so directed by the court, and to keep such records and to make such reports to the court as the court may order. Probation officers heretofore or hereafter appointed under the provisions of chapter 154, General Laws of Minnesota, 1899, and all laws amendatory thereof, being sections 9385, 9386, 9387, 9388, 9389, 9390 and 9391, General Statutes, 1913, shall be subject to the orders of the court in reference to all matters covered by the provisions of this act. Probation officers appointed under authority of this act shall serve without compensation from the county; provided that in counties of more than 33,000 population a majority of the judges of the district court may direct the payment of such salary to probation officers as may be approved by the county board; and provided further that in other counties probation officers shall receive the same fees as constables for similar services, including all travel, and in addition thereto such salary as may be fixed by the judge and approved by the county board.

Sec. 10. Expert assistance in certain cases. In any county of more than 150,000 population the court may establish a department