Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-05


before any court having criminal Juris-
dicton, such court is invested with au-
thority in it's discretion TO continue the
matter for sentence, suspend sentence
or suspend the execution of any sentence,
to be done under the provisions OF this
act. but nothing herein contained shall
be held to take away the right Of appeal
from any respondent, or any right TO
have his case reviewed or retired under
the provisions of law as they now exist
The court at or before the time for SEN
tence shall inquire into the circumstances
of the respondent and of his offense, and
if the matter is continued for sentence,
the respondent shall be placed in the Gus
lody and under the control of the pro-
baton. officer in the county where such
respondent has been convicted. Such
sentence may be continued by the court
indefinitely, or TO a definite time. aad in
every instance the court may order the
respondent to report 10 the probation Off
GER at such times and places as the court
shall designate, and Shall cause to be
given to the respondent writing signed
by the clerk or by the court. showing
such continuance for sentence, the time
during which the same is continued, and
the times and places when the respondent
is to report to such probation officer.
If the offepse of which the respondent
is convicted is within the jurisdiction OF
the court trying the same, the court may
i'll its discretion impose fine, or an
alternative sentence of imprisonment, and
release respondent into the custody of
the probation officer. with an opportunity
ton officer within a definite time. When
such respondent pays such fine and costs.
OF amy part thereof TO the probation
officer, such officer Shall give the re-
spondent d receipt therefor
The court may in its discretion, if the
otfense is within the jurisdiction of the
court trying the cause, suspend sentence
for definite period of time, or for
indefinite time not exceeding one year,
and such respondent may be committed
to the custody and control of the pro-
ral-
Spondent is committed to the custody or
control of the probation officer. the court
shall give to each respondent writing
showing the terms of mis- proba tion and
the times and places when and where
such respondent is to report to such pro-
baton officer. And if at any time any
such respondent violates the terms of
his probation, it shall be the duty of the
probation officer to forthwith report the
same to the court which finally tried the
cause ana the court shall have authority
thereupon to decree said probation ended,
and either impose the sentence. il the
cause has been continued for sentence,
on in all other cases order the respondent
to forthwith comply with the original
sentence, and i'll all cases where sentence
has not been imposed, the court may
forthwith impose sentence.
Section >. Whenever q child under the
age of sixteen years is arrested and
charged with an offense other than u
felony, or Il crime which if committed by
adult would be a felony, the officer
making such arrest may accept in lieu
of bail. and without committing such
child to any Jail or police station, the
personal recognizance in writing, with
out security. of the parent, guardian or
other lawful custodian of SuCh child to
produce such child before the proper
court or magistrate on the following day
at Il time and place to be specified in
said recogniZance; and thereupon such
officer shall place such child in the care
and custody Of the person executing such
recognizance, who on failure to so pro-
duce such child pursuant To the terms
of Sucn recoSnizance, shall be liable to
punishment by the court magistrate
as for criminal contempt. And similar
recognizance may be taken by the court
or magistrate for the subsequent produce
ton of such child at a time and place to
be specified therein pending the final ter
mination of the proceedings, and nom
compliance Herewith shall subject the
person giving the same to the same pun
iShmcnt.
When any such child has been convict
ed of any offenSe other than capital
offense, the court or magistrate having
jurisdiction, instead of committing such
child to confinement in any Institution.
or the ordering of payment of fine and
costs, may place such child in the GUS
tody of the probation officer under
pension of such sentence, or a continue -
ance of the same for "a period not ex-
ceedinS one year. At any time within
such year, if it appears to the court that
justice requires it. said court or magis-
trate may cause such child to be brought
into court and either impose sentence,
if the case has been continued for sen
tence, or order such child to enter upon
the execution of his sentence, if the ex-
ecution of the same has been suspended.
Whenever any child under the age of
sixteen years has been arrested for any
offense and is confined in any Jail or
police station, it shall be the duty of the
officer making such arrest forthwith to
notify the parent, guardian or legal GUS
t"dian Of such child of the fact of such
arrest and Of the time and place where
his trial is to be held. Such officer shall
also notify a probation officer in his coun-
~ of the fact of such arrest. and of the
time and place of such trial. And any
court having jurisdiction of the offense
may upon application of such probation
officer by an order in writing, cause such
child TO be forthwith placed in the GUS
tody of such probation officer pending the
trial and final determination of said
cause.
When any child under the age of six
teen years is brought before any court
or magistrate for trial charged with any
oiTense other than capital offense. the
court may in its discretion continue
such cause without trial from time to
time, not exceeding thirty days at any
one time and release such child into the
custody and control of the probation Off
Ger, who shall have authority to permit
such child to remain in the home of such
child if the same seems to him proper, OR
he may retain such child in his own GUS
tody if the same can be done without ex-
pense to the county or the state. IF at
any time il seems to the court Just and
proper to discharge any such respondent
without trial, the same may be done, and
no child so discharged, or any other per-
SON shall have any right of action
against any officer or other person on ac-
count of any of the proceedings in such
case.
In case of the absence of the proba-
ton officer at the time and place when
any such child is so arrested to be
tried, the court having jurisdiction may
appoint some discreet male citizen OF
the county Il probation officer pro tenn
pore for the purpose of that particular
case. who shall perform his duties with
out compensation or expense, and such
probation officer shall have all the
authority to perform all of the duties
Of the probation officer under this act:
but the authority of such probation
officer shall cease when he shall have
performed the duties with reference to
that particular cause.
Whenever any such child has been
committed to the CUSTODY and control
of any probation officer. the court or
magistrate shall cause to be entered
upon the records Of such court the fact
of such commitment and the terms
thereof. aud the court shall have
authority to order such probatiOner to
report to the probation officer at such
times and places as the court In ifs
order shall direct. If at any time IL
npppIrS 10 the court that Snch prohn-