Page images

viso as to members of

exceed seventy cents per day, the difference between the cost of rations and seventy cents per day, to be paid in money to said enlisted men at the time of the payment for such service; to all officers, the pay and allowances as fixed by law or regulations for officers of the army of the same rank in the service of the United States, together with the necessary expense of horses for the mounted officers: Provided, That in case of all Proviso as to officers who, under this act, are paid an annual salary of more salaried than one hundred dollars, the pay of their grade shall be in officers. lieu of such annual salary during the time for which it is paid: And Provided further, That generals of the brigades Further proand the commander of the naval brigade as members of the State Military Board, shall each receive an annual salary of military five hundred dollars: And Provided further, That hereafter, Further proeach officer upon his first appointment as an officer shall be viso: aseto paid the sum of fifty dollars as an equipment allowance: And allowance. Provided further, That any officer or enlisted man guilty of Further prodrunkenness at any annual encampment, or on the way to or drunkenness. from such encampment, shall forfeit all pay for that entire tour of camp duty, and it shall be the duty of the officer charged with making the pay rolls, to note the fact of intoxication or drunkenness against the name of the person guilty thereof. All officers and enlisted men shall receive for Compensation, their service for each day actually spent by them on duty, in of riot, etc. case of riot, tumult, breach of the peace, resistance of process, or whenever legally called upon in aid of the civil authorities, and for the time actually spent by them in traveling from their homes to the place of rendezvous, and in returning to their homes, the compensation provided for in this act. Such com- To be

audited, etc. pensation, subsistence, and allowances and cost of transportation and the cost of all ammunition used or purchased for use by any officer in command of the National Guard so called out, shall be audited and allowed by the Auditor General when detailed bills are presented, properly certified by the commanding officer of such troops and approved by the Quartermaster General. The Auditor General shall, upon auditing How paid. and allowing such accounts, draw his warrant therefor upon the State Treasurer who is hereby authorized and required to pay same, and any such sums so audited and paid are hereby appropriated out of the moneys in the general fund not otherwise appropriated. And the Auditor General shall charge Charged

against all such moneys so drawn to the county or counties in which such service rendered, to be collected and returned to the served. general fund in the same manner as any other county indebtedness to the State is required by law to be collected and returned to the general fund. There shall be paid to each Compensation enlisted man for attendance and performance of duty at drills.

for attending regular drills not to exceed forty drills in any one year, said drills not to be of less than one and one-half hours actual duration, the following sums, viz.: All below the rank of corporal twenty cents, corporals twenty-five cents, sergeants thirty cents, and all enlisted men above the rank of sergeant


When and how paid.


forty cents; and to each enlisted man qualifying as a marksman shall be paid the additional sum of ten per cent., to each sharpshooter fifteen per cent. and to each expert rifleman twenty per cent. of the pay due his rank for attendance at regular drills for the year succeeding that in which said quali. fications were made. Said amounts shall be due and payable semi-annually on April thirtieth and October thirty-first each

year, and shall be allowed and paid out of the funds annually Proviso as to provided for the support of the organized militia: Provided, absentees. That any soldier absenting himself without a reasonable and

satisfactory excuse from any regular drill, special drill, inspection, parade or target practice, shall forfeit a sum equal to the amount to which he would have been entitled for at

tendance at a regular drill, and the same shall be noted on the Further pro- pay roll and deducted from his pay: Provided further, That

any soldier dishonorably discharged shall forfeit all pay and Further pro- allowances provided by this act: Provided further, That no viso.

sum shall be allowed except for actual presence and duty Soldiers not performed at any of the aforesaid regular drills. No pay Inspection of provided for in this act shall be paid to any soldier until after military an inspection is had of all military property, for which such property.

soldier is responsible, and the cost value of any shortage,
damage or unnecessarily injured property may be deducted
from the amount due such soldier before the sum is paid.

This act is ordered to take immediate effect.
Approved October 24, 1907.


[No. 6.]

AN ACT to define, and to regulate the treatment and control

of, dependent, neglected and delinquent children; to prescribe the jurisdiction of the probate courts and the powers, duties and compensation of the probate judges with regard thereto; to provide for the appointment of county agents and probation officers and to prescribe their powers, duties and compensation.

The People of the State of Michigan enact:

Dependent and neglected children defined.

SECTION 1. This act shall apply only to minors. For the purpose of this act the words “dependent child” and “neglected child” shall mean any child who for any reason is destitute or homeless or abandoned or dependent upon the public for support or who has not proper parental care or guardianship or who habitually begs or receives alms or who is found living in any house of ill-fame or with any vicious or disreputable person or whose home by reason of neglect, cruelty or depravity, on the part of its parents, guardian, or


other person in whose care it may be, is an unfit place for such child; any child under the age of twelve years who is found begging, peddling or singing or playing any musical instrument as a business or who accompanies or is used in the aid of any person so doing. The words "delinquent child” Delinquent shall include any boy or girl under seventeen years of age, defined. who violates any law of this State or any city or village ordinance, or who is incorrigible or who knowingly associates with thieves, vicious or immoral persons, or who is growing up in idleness or crime, or who knowingly visits or enters a house of ill-repute, or who knowingly patronizes or frequents any policy shop or place where any gaming device is or shall be operated; or who patronizes or frequents any saloon or place where intoxicating liquors are sold, or who frequents or patronizes any public pool-room or bucket shop, or who wanders about the streets in the night time without being on any lawful business or occupation, or who habitually wanders about any railroad yard or tracks, or jumps or hooks on to any moving train, or enters any car or engine without lawful authority, or who habitually uses vile, obscene, vulgar, profane, or indecent language or is guilty of immoral conduct in any public place or about any school house; every child who is vicious, incorrigible or immoral in conduct, or who is an habitual truant from school or who habitually wanders about the streets and public places during school hours without any lawful occupation or employment. Any child committing any

delinquent of the acts herein mentioned shall be deemed a juvenile de- person, when linquent person and shall be proceeded against as such in the child deemed. manner hereinafter provided. A disposition 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 excepting in subsequent cases against the same child under this act.

SEC. 2. The probate court shall have original jurisdiction Probate court in all cases coming within the terms of this act, and while jurisdiction. proceeding under this act shall be termed Juvenile Division of the Probate Court. In all trials under this act, any per- how and

Jury of six son interested therein may demand a jury of six or the judge when em

panelled. of his own motion may order a jury of the same number to try the case, and the jury so ordered shall be summoned and empanelled in accordance with the law relating to juries in courts held by justices of the peace: Provided, That in case case may be

when the judge of probate in any county is so occupied with the duty heard in cirdevolving upon him in the probate court as not to have time to attend to the cases arising under this act and shall so certify to the circuit court, the circuit judge or one of them in districts where there is more than one circuit judge, to be designated by the judges of said court, shall hear the cases under this act provided to be heard by the judge of probate, but said circuit judge shall not exercise the powers of the probate court in such cases for a longer period than two

cuit court.


sons from

months, unless a new certificate and designation be made,

which shall, in like manner, be effective for a like period. Proceedings Proceedings under this act shall not be deemed to be criminal not deemed criminal pro proceedings and this act shall not prevent the trial by criminal ceedings.

procedure in the proper courts of children over fourteen years Felony tried by criminal of age, charged with the commission of a felony. procedure.

Sec. 3. All examinations or trials of cases coming under Trials, etc., where held. the provisions of this act shall be held in the probate court

room or chambers, or in a room in the county court house or in

a suitable apartment conveniently near the said court house. “Juvenile The proceedings and finding of the court in all examinations record.” and trials of such cases shall be entered in a book or books

to be kept for that purpose and shall be known as the Juvenile Exclusion of Record. The judge may exclude from the court room in trials

under this act any person whose presence is deemed prejudicial court room.

to the interests of the child or the public, when such person Detention

does not have a recognized personal interest in the case. It place to be. provided, etc. shall be the duty of the board of supervisors in each county

within ninety days after this act shall take effect, to provide and maintain at public expense, a detention room or house of detention or other suitable place, separate from the jail, lockup, police station or other place of confinement used for

the incarceration of adult criminals or adults charged with Location of. crimes or misdemeanors. Such detention place shall be proper

ly located both for the convenience of the court work, and with a view to the healthful, physical and moral environment of all children within the provisions of this act, who shall,

when necessary, be detained in such place of detention so In whose provided. Such place of detention shall be in charge of a charge.

matron or other person, capable and of good moral character. Child may give bond,

Any child held in said place of detention shall have the right

to give bond or other security for its appearance at the trial Appointment of such case, and the court may, in any such case appoint of counsel for defense,

counsel to appear and defend, on behalf of any such child, how paid.

who shall be paid out of the general fund of the county or

city for such services, such sum as the court shall direct: Proviso as to provided, That the prosecuting attorney shall appear for the prosecuting attorney.

people when ordered by the court. County agents, Sec. 4. The Governor shall appoint, in each county of this appointment

State, an agent of the State Board of Corrections and Charities, for the care and protection of dependent, neglected and delinquent children, who shall hold his office during the pleasure of the Governor, and shall be known as the county

agent for the county for which he is appointed. Before enteroffice, filing of, etc. ing upon the duties of his office, and within thirty days after

receiving notice of his appointment, the said agent shall take and file with the clerk of the county for which he was appointed, the oath of office prescribed by the constitution of this State, and upon such qualification, it shall be the duty of the county clerk to immediately transmit notice thereof to the judge of the court, and to the superintendents of all State and incorporated institutions authorized to receive, or place



Oath of

out on contract, indenture or adoption, any child. The said Compensation, agent shall receive as compensation for his services under this how paid. act, his necessary official expenses, together with the sum of three dollars in full for each day ordered by the court, the superintendent of any State institution, or the State Board of Corrections and Charities, but not exceeding three dollars for any one day's service which shall be audited by the Board of State Auditors, and paid from the general fund; and when Services, etc., such services and expenses relate to the indenture, adoption certified. or visiting of children placed in families by State institutions, the amounts thereof shall be certified by the superintendent of the institution to which the child may belong; and when such service shall be ordered by the court the amount thereof shall be certified by the court ordering such service; such bill shall specify, the time spent, manner of travel, miles traveled and each item of expense incurred. Said agent shall visit all Duties of. children resident in the county for which he is appointed which shall have been indentured to any person therein by any State institution whenever he shall be so requested to do by the superintendent of the institution or the State Board of Corrections and Charities, and shall inquire into the management, condition and treatment of such children, and for that purpose may have private interviews with such children at any time, and if it shall come to the knowledge of such agent when making such visits, or at any other time, that any child thus placed in charge of any person as aforesaid is neglected, abused, or improperly. treated by the persons having such child in charge, or if such person is unfit to have the care thereof, he shall report the fact to the superintendent of the State institution by which the child was indentured, and the board of such institution, or the superintendent thereof, who may be so authorized to do by said board, on being satisfied that the interests of the child require it shall cancel the indenture by which the child was placed in the family, and shall remove the child to some other family home or directly to the State institution from which the child was indentured. All Indentures, indentures by which any child shall be placed in a home from of. any State institution shall reserve the right in the board making the indenture, to cancel the same whenever in the opinion of the board the interests of the child require it. Whenever any indenture is canceled as herein provided, or Notice of

cancellation. whenever any child indentured from any State institution has been adopted, notice thereof shall be given to said agent of the county where the child was indentured, by the superintendent of the State institution from which the child was indentured or adopted.

SEC. 5. Upon the filing with the court of a sworn petition, Petition as to setting forth upon knowledge, or upon information and belief, children, the facts showing that any child resident in said county, is a filing of. delinquent, dependent or neglected child within the meaning of section one of this act, the court may, before any further pro


« PreviousContinue »