New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24

son making the same. and filed in the
court, setting forth the name, age and
place of residence, if known. of said in
fant, the name and residence OF its parent
custody such infant may be, and stating
the conduct and habits Of the child, and
particularly the facts constituting the.
ground of complaint.
Sec. 3. roceedings.-Upon the filing Of
the complaint, as provided in the preced-
ing section, the court shall, if said in
FAINT is not already in custody, cause him
to be apprehended and brought before
the court, for which purpose the court
snail issue a warrant to the proper ottl-
Ger, and shall also thereupon cause a
summons to be issued to the parent or
guardian Of said infant or to the person
in whose custody he may be, requiring
such parent, guardian, or person to APP
pear before the court at a time and place
to be fixed by the court and stated in
said summons, and show cause, if any,
why such infant should not be SO COM
| mitted, which summons shall be served
on SUCH parent, guardian. or person nay
ing the custody of said infant, at least
swentyf1ur hours bef9re such hearing
baton officer of the county, if any, of
the time and place of hearing. Until the
hearing the court shall provide for the
care and custody of the accused infant,
but no child under twelve years of age.
shall be committed to jail, and in cases
where committed, the child shall be sub
| Sec. 4. Guardian ad Litem.-If such in
FAINT has no parent, or guardian, or per
son S3I having his custody, Lying at the
son, being so summoned, fails or neg
lects to appear at the hearing and act
| on behalf of the child. the court shall APP
point. some suitable person to appear at
said hearing and protect the interest OF
| the infant, and the person so appointed
shall be given an opportunity to investi-
gate the facts and show cause why such
| child should not be committed. Provided,
| that if the probation officer of the county
| is present it shall be his duty to investi-
gate the facts and defend the interest Of
| said child at the hearing. All hearings
under this act shall take place separate
and apart from the trial of criminal
cases.
Sec 5. Evidence.-The same presump-
ton of innocence and the same rules of
evidence shall prevail at the hearing in
behalf of such infant as in the trial of
| criminal causes, and no infant shall be
| so committed unless the charges alleged
in the complaint are proven by the testi-
nesses, and the name, age and place Of
| residence of all witnesses shall be given.
Al evidence shall be reduced to writing
in the record Of the court.
| In case of hearings before justices of
| the peace or municipal courts the record
! transmitted, together with the complaint,
| to the judge of the district court of the
| county in which such hearing is had, who
| shall thereupon examine the same. and
approve Or disapprove the findings in
writing thereon, and return the same to
the justice Of the peace or municipal
mitment. shall be made by said justice, of
the peace or municipal court until the
proceedings have been so examined and
| approved by such district judge.
Sec. s. COMMUNICATIVE the com
mitment the court or justice shall trans
NIT by the officer executing the same to
| the superintendent Of the training school
a copy Of the, record of the case, includ-
ing all the evidence, and a written state
| ment of such other particulars concern
ing the child as can be ascertained. SEN
| tence of commitment may be stayed by
| the court, and the infant placed on pro-
baton in the discretion of the court.
Sec. Z: Duties Of the Board:-It shall Ii
| state institutions to receive, clothe, main
| tain and instruct, at the expense Of the
state, all infants duly committed! as
| herein provided, to said training school,
/ and keep them in their custody until
] their arrival at the age OF twenty-one
! CID years, unless sooner discharged, APP
nad board may in its pac e
any of said children, until their arrival
at eighteen qS) years Of age. in suitable
to such persons at such places, and to
learn such trades or employment as in
the Judgment of the board will be most
amendment, and win tend to the future
benefit and advantage of said infants
| Provided, however, that whenever a
|
I be established and opened by the state
| girls between the ages aforesaid may be
| committed to and detained therein in
| like manner and upon the same condi-
| lions as herein provided. The board may
discharge any child SO committed, or may
! recall to the school at any time any child
| placed out. apprenticed, paroled or trans
! ferred, and upon such recall may resume
} the care and control thereof. The dis
| charge of a child by the board shall be a
| complete release from all penalties and
| disabilities created by reason of the COM
| mitment or sentence.
Sec. 8. Transfer Of Inmates.-Said
| board may transfer to the state refor-
matory inmates whose presence is deemed
detrimental to the interests of the school,
and who are proper subjects for the dis
Iacipline Of the reformatory; and it may
i transfer to the state public school any
| inmate whose interests, in it's Judgment,
| would be better subserved thereby.
Sec. 9. Sections 3, 4, 5 and 6 of chapter
1853, Laws of 1895, and chapter 156, Laws
! Of 1885, and all acts and parts of acts
inconsistent with this act are hereby re-
| pealed.
Sec TO- This act shall take effect and
| be in force from and after Aug. l, 1905.
| Approved April II. 1905.
CHAPTER 234+S. F. No 1856.
! AN ACT to amend section one hundred