County agent etc. Summons, when and to by court. In case of failure to appear. When writ may issue. Notice of to ceeding is had in the case, give notice thereof to said county county agent. agent, or to a duly appointed probation officer, who shall have opportunity allowed him to investigate the facts and circumstances surrounding the case, and upon receiving such notice, the county agent or probation officer shall immediately proceed to inquire into and make a full examination of the parentage and surroundings of the child and all the facts and circumstances of the case, and report the same to the said court, in writing; and if, after full investigation, it shall whom issued appear to the court that the public interest and the interest of the child will be best subserved thereby, a summons shall issue, reciting the substance of the petition and requiring the person or persons having custody or control of the child or with whom the child may be, to appear with the child at a place and time which shall be stated in the summons; and if such person is other than the parent or guardian of such child, then said parent or guardian shall be notified of the pendency of the case. When said parents or guardians are non-residents of the county or cannot be found, such notice shall not be required. If any person so summoned as herein provided shall fail without reasonable cause to appear with the child and abide the order of the court, he may be proceeded against for contempt of court under and in accordance with the provisions of chapters thirty-eight and three hundred one of the Compiled Laws of eighteen hundred ninety-seven. In case the summons cannot be served, or parties fail to obey the summons and in any case when it shall appear to the court that such summons will be ineffectual, upon complaint on oath and writing, a writ may issue reciting the substance of the complaint and requiring the officer to whom it is directed to bring such child before the court to be dealt with according to law and said child may be committed to the care of the county agent or probation officer, or such other person as the court may designate, pending the final disposition of the case. On the return of the summons or writ, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case upon such testimony as may be produced, and if the allegations against the child are proved the court may adjudge said child a delinquent, dependent or neglected child as the case may be, and if it shall appear to the court that the public interests and the interests of such child will be best subserved thereby, he may make an order for the return of such child to his or her parents or guardians or friends; or if the offense be malicious trespass the court may as a condition of probation require the damage to be made good, or if the offense be larceny and the stolen property be not restored, the court as a condition of probation may require it to be paid for by the child, if it be shown that he is capable of earning the money, or has money of his own, or the court may place the child under probation as hereinafter provided, and in all cases the court may decree the child found delinquent, dependent or neglected to be the ward of the court as far as its Proceedings in case. When child In case of Child may be ward of court. officers, ap child may revoke person is concerned, and in such cases where any child has been decreed to a ward of the court, the authority of the court over its person shall continue until the court shall otherwise decree. The court may, in its discretion, appoint one or more Probation discreet persons of good character, other than the county pointment agent, to act as probation officers, who, under the order of the and duties of. court, shall exercise in all cases assigned them the same authority, direction and control of said child as is exercised by the county agent in like circumstances. Said probation To report. officers shall report to the court upon all cases under their care, and also to the State Board of Corrections and Charities: Provided, That the probation officers so appointed Proviso as to shall receive no compensation from the public treasury for the compensation. duties performed under such appointment. The child found Delinquent delinquent may be placed on probation for such time and be placed on upon such condition as the court may determine and such probation. child so released on probation may be furnished with a written statement of the terms and conditions of release. At any Court may time during the probationary term of a child released on pro- probation. bation as aforesaid, the court may, in its discretion, revoke or terminate such probation. If the child be found to be willfully When child wayward and unmanageable, and in any case upon the ad- may be sent judication of delinquency, if in the judgment of the court the institution. welfare of the child and the interests of the public require, the court may cause him or her to be sent to the Industrial School for Boys at Lansing, or the Industrial Home for Girls at Adrian, or to any State institution authorized by law to receive such boy or girl subject to such conditions of sex, age and character of offense for which committed and duration of commitment, as is or may be provided by law for the reception of children in said school, home or institution, and in such case the report of the county agent or probation officer shall be attached to the mittimus and the child shall be placed in charge of the county agent or some person designated by the court to be conveyed to the institution, for which service the same compensation shall be allowed as is paid sheriffs in like cases: Provided, That when a girl is to be conveyed to any Proviso as to institution, the court shall appoint a suitable woman to ac- girls. company such girl. certain conveying seventeen SEC. 6. Whenever any child under the age of seventeen Child under years is arrested, with or without a warrant, such child shall arrested, to be be taken immediately before the Juvenile Division of the taken immediately beProbate Court, and the officer making the arrest shall im- fore the mediately make and file a petition against such child as here- court. juvenile inbefore provided; and the said court shall proceed to hear and determine the matter in like manner as herein before provided. If, during the pendency of any criminal case against When case to any child in any police or justice court of this State, it shall from police be ascertained that said child is under the age of seventeen court, etc. years, it shall be the duty of the police magistrate or justice of the peace before whom such case is pending, to immediately transfer such case, together with all papers connected there be transferred Proceedings of juvenile court upon transfer. Dependent child under seventeen mitted to state institution, etc. with to the said court, except in cases where the child is over fourteen years of age and is charged with a felony. Upon such transfer the said court may proceed to hear and dispose of the case in the same manner as if said child had been brought before the court upon petition, as hereinbefore provided, and the court shall require an investigation to be made as in other cases under this act. SEC. 7. When any child under the age of seventeen years shall be found to be a dependent or neglected child within the may be com- meaning of this act, the court may make an order committing the child to the care of some suitable State institution subject to the law and regulations governing such institution, or to the care of some reputable citizen of good moral character, or to the care of some training school, or industrial school as such provided by law, to the care of some association willing to receive it, embracing in its objects the purpose of caring for or obtaining homes for dependent or neglected children, which association shall have been approved by the State When placed Board of Corrections and Charities. The court shall, when in hospital, the health or condition of the child shall require, cause the child to be placed in a public hospital or in an institution for treatment or special care, or in a private hospital or institution, for special care or treatment, the expense to be paid from the general fund of the county of which the child is a resident. etc. Child under twelve not jail, etc. Child under seventeen SEC. 8. No child under the age of twelve years shall be committed to committed to any jail or police station, but may be committed to the care or custody of the county agent or other suitable person or duly appointed 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. No child under seventeen years of age while under arrest, under arrest, confinement, or conviction for any crime, shall be placed in any apartment or cell of any prison or place of confinement with any adult who shall be under arrest, confinement, or conviction of any crime, or be permitted to remain in any court room during the trial of adults, or be transported in any vehicle of transportation in company with adults charged with or convicted of crime: Provided, That this shall not be repeal certain construed as repealing act number one hundred ten of the public acts of nineteen hundred one. etc., not confined with adults. Proviso, not construed to act. SEC. 9. The judges of probate shall receive for their services under this act in addition to their regular salary the sum of one hundred dollars for each fifteen thousand inhabitants or fraction thereof in their respective counties, which shall be paid from the same fund and in the same manner as their regular salaries are now paid: Provided, That in counties having cities in which municipal juvenile courts are or may be established, the population of said cities shall be deducted in computing the amount of salary of the probate judge for said county. . under orders county agent, SEC. 10. All children while under orders of the court shall Children be in the care and custody of the county agent or probation of court to be officer or such other person as the court may designate, and in care of all necessary expenses incurred for the proper care and main- etc. tenance of said children while in such custody shall be paid by the county treasurer on the order of the court. to approve SEC. 11. Children intended by this act shall not be in- County agent dentured, apprenticed or otherwise disposed of, until the per- persons apson applying for any such child shall have been approved in plying for writing by the county agent of the county in which such person resides. children. temporary SEC. 12. In case of the absence or disability of the probate Probate judge, judge, the provisions of the general law as to filling such vacancy of, temporary vacancies shall apply in all proceedings under this how filled. act. clause. SEC. 13. All acts or parts of acts inconsistent herewith Repealing are hereby repealed, except as to the counties of Houghton and Marquette: Provided, That this act shall not affect any Proviso. proceeding or proceedings pending at the time this act takes effect: And Provided further, That this act shall not affect Further prothe provisions of act number six hundred eighty-four, local viso. acts of nineteen hundred seven, providing for a municipal . juvenile court for the city of Detroit in the county of Wayne: viso. And Provided further, That the provisions of this act shall Further pro- [No. 7.] AN ACT to amend sections three and ten of act number two hundred eighty-seven of the public acts of nineteen hundred seven, entitled "An act to provide for the casting, registering, recording and counting of ballots or votes at any regular or special election held in the State of Michigan, by means of voting machines; to provide for the purchase of same and to repeal all acts or parts of acts inconsistent herewith." The People of the State of Michigan enact: SECTION 1. Sections three and ten of act number two Sections hundred eighty-seven of the public acts of nineteen hundred amended. seven, entitled "An act to provide for the casting, registering, recording and counting of ballots or votes at any regular or special election held in the State of Michigan, by means of voting machines; to provide for the purchase of same and to repeal all acts or parts of acts inconsistent herewith," are hereby amended to read as follows: Voting machine, how constructed. SEC. 3. A voting machine to be purchased as provided in section two of this act must be so constructed as to provide facilities for voting for the candidates of at least seven different parties or organizations, and must permit all voters to vote for any person for any office although not nominated as a candidate by any party or organization, and must permit voting in secrecy. It shall also be so constructed that votes may be cast thereon for constitutional amendments or any other public measure; it must also be so constructed as to provide for at least thirty candidates for each party organization at any and all elections and said machine must be constructed of good and durable material in a workmanlike manner, and also so constructed that it can be easily and conveniently operated by inspectors of election and the voters; it must also be so constructed as to prevent voting for more illegal voting. than one person for the same office, except where the voter is entitled to vote for more than one person for that office, and it must afford him an opportunity to vote for any and all persons for that office as he is by law entitled to vote for and no more, at the same time preventing his voting for the same person twice. It may also be provided with one ballot in each "presidential column containing the words "Presidential Electors," preceded by the party name, and a vote for such ballot shall operate as a vote for all the candidates of such party for presidential electors. To prevent Ballots for electors." "Independent ballots." combination that cannot be voted on machine. Instructions to voters. SEC. 10. Ballots voted for any person whose name does not appear on the machine as a nominated candidate for office Provision for are herein referred to as "Independent Ballots." To provide any and every voter who desires to vote for any person whose name is not on the machine, or for any combination of names that could not be voted with the machine, with means by which he can so vote, the inspectors of election shall, prior to the opening of the polls, place inside the curtains or other enclosure inclosing the face of the machine, in a device provided therefor, a reasonable number of blank ballots, together with pencil and appliances necessary for the voting thereof. The inspectors of election shall also cause to be placed in a conspicuous place inside the polling place at least two cards not less than twelve inches square on which shall be plainly printed full and explicit instructions for the use of such ballots. A voter desiring to vote as aforesaid may fill out one of said ballots with the names of the persons he desires to vote for, but which could not be voted with the machine, designate for which of the candidates he desires the remainder of his ticket to be voted, place the same in the appliance provided therefor, and deposit such appliance containing said ballot in the receptacle on the machine provided for the independent ballot, and the ballot so cast shall be counted at the close of the election: Provided, It contains a name or names that could not have been voted with the machine. Any person removing from said enclosure any of said blank ballots or or appliances. appliances provided for the voting of the same, excepting for Proviso. Penalty for removing blank ballots |