The Republican journal., 1909-04-08


any offense other than a capital offense
before any court having criminal juris-
dlctlon, such court is invested with au-
thority in it's discretion to continue the
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
nave 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
tody 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, and in
every instance the court may order the
respondent to report to the probation Off
Ger at such times and places as the court
Shall designate, and shall cause to be
given to the respondent a 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 offense of which the respondent
is convicted is within the jurisdiction Of
the court trying the same, the court may
III its discretion impose a fine, or an
alternative sentence of Imprisonment, and
the probation officer, with an opportunity
to pay such fine and costs to the proba-
ton officer within definite time. When
such respondent pays such fine and costs
or any part thereof, to the probation
officer, such officer shall give the re-.
Spondent a receipt therefor.
The court may in its discretion, if tho
offense IS within the jurisdiction of the
court trying the cause, suspend sentence
for definite period of time. or for an
indefinite time not exceeding one year,
and such respondent may be committed
to the custody and control of the pro-
BATON officer. In all cases where the re-
spondent is committed to the custody or
control of the probation officer, the court
snail give to each respondent a writing
showing the terms of mis- probation 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, and the court shall have authority
thefeupon to decree said probation ended,
and either impose the sentence if the
cause has been continued for sentence,
or III all other cases order the respondent
to forthwith comply with the original
sentence, and in all cases where sentence
has not been imposed, the court may
forthwith impose sentence.
Section 8. Whenever a child under the
age of sixteen years is arrested and
a
felony, or a crime which if committed by
an 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 cosnizauce 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 time and place to be specified in
said fecognIzance; and thereupon such
officer shall place such child in the care
and custody of the person executing such
recognizance, who on failure to 50 pro-
duce such child, pursuant to the terms
of sucn recognzance shall be liable to
punishment by the court or magistrate
as for criminal contempt And similar
fecognizance may be taken by the court
or magistrate for the subsequent produce
ton of such child al 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
ishment.
When any such child has been convict
ed of any oftense other than a capital
ohense, 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 sus-
pension of such sentence, or Il continue
ance of the same for a period not eX-
)
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,
il the case has been continued for SEN
tence, or order such child to enter upon
the execution of his sentence, if the eX-
eeution of the same has been suspended.
Whenever any child under the age of
sixteen years has been arrested for any
oiienSe 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
todian of such child of the fact of such
arrest, and of the time and place where
his trial IS TO be held. Such officer shalt
also notify q 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
tUdV 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 a capital OtfenSe. the
court may i'm its discretion continue
such cause without trial from time to
time not exceeding thirty days at any
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