The Birmingham age-herald., 1915-10-23

dian, or the person having the custody control or supervision of the child oi the person with whom the child may ) De found, to appear with the child al
 suell time and place as may be stated
 Ill the summons, to show cause why
 the child should not be dealt with ac-
 cording to the provisions of this chan
 ter IT It appears from the petition that the child is guilty of having vio- lated any penal law of the state, or of
 any municipality of said county, for "hlen It could be prosecuted, that
 the child is in such condition that it's
 welfare requires that its custody be
 immediately assumed, the cour, may
 indorse upon the summons a direction
 that the officer serving the same shall
 al once take said child into his GUS
 tody. In the meantime, and before the trial, such child may be admitted to
 ball or released into the custody of the judge of said court the clerk of inc court, or probation officer, or into tho custody Of any person designated ly the court; and If in discretion of the court 1t is deemed inexpedient to de- tam such child in such manner, and if Tn the Judgment of the court, it s ab- solutely necessary, such child r,ay be detained In jail in accordance with the provisions of section 6465 of this chap ter. Service of such summons shall be made personally by delivering to and leaving with the person summoned a true copy thereof. When the person named in the summons, other than the
 child, is present In court, or is a non- resident of the county, or cannot be found. or when the case Is in court by
 reason of the fact that said child has l violated some state or municipal law service of summons on such other per- son named in the summons shall not | Y fn frtt- dietion; but if such other per son be not
 present in court, and If for any of the reasons set forth above has not been 1 served with summons, then the court
 must appoint probation officer or some other person to act as guardian
 ad lttem to represent the interest of
 such child, and such guardian ad litem
 shall be present at the hearing to rep
 resent said child. It shall be sufficient | to confer Jurisdiction after it's service is 1 eHected, at any time before the time
 liked in the summons for the return
 thereof. but the court shall not proceed with the hearing earlier than the next
 day after the date of service If objec-
 tion be made by the parties served,
 or guardian ad Item representing | the interest of the child. Proof Of service may be made by the
 affidavit of the person who delivers a copy of said summons to the person | served by an officer, but if served by q
 state, county or municipal offic.r his return shall be sufficient witEour oath | other than his official oath already | taken. The summons shall be consid- cred mandate of the court, and will ful failure to obey it's requirements shall subject any person guilty thereof to liability to punishment as for con- tempt of court. The sheriff of said county shall serve all papers directed | by the court or judge thereof to he served by him, and a suitable allowance
 shall be made to him by the county commissioners, or board of revenue of ! such county for his actual dlsbursc- | inents in effcctins such serv.cu; but all par CTS, summonses. and pr ocesses, issued from said court in sucf, pro- ceedlngs, may be serycd by any person selected by the court or judgs thereof for the purpose, and when engaged in serving such papers, such other per sons shall have all the authority of a sheriff
 Sec 4. That section 6453 of the code of Ala bama be amended so as to read as fol- lows: Section 6453: Juvenile Courts: Practice and Rules of. Such probate courts and such recorders courts as have Jurisdiction conferred upon them by this chapter shall keep a separate docket for the, trial of such cases, and shall enter its orders and decrees in such cases in separate minute book; and the trial of all such cases shall be held at a different time from the hearing of other | cases In said court; and in the discre- ton of the court no person shall be ad- | mitted to hear the trial of said cases ex- | cept officers of the court, attorneys en- gagged in the trial ,and the parents or guardian of such child. or person having the custody or control of such child;
 and said trial shall be so conducted as
 to disarm the fears of such child and win its respect and confidence. Upon the re- turn of the summons, or at the time set for the hearing. the court shall proceed to hear and determine the case. The court may conduct the examination of the witnesses without the assistance of coun- se and may take testimony and inquire into the habits, surroundings condition and tendencies of such child to enable
 the court to render such order or judg- | ment as shall best serve the welfare of the child, and carry out the object of this chapter: and the court, if satisfied that the child is in need of the care. discipline or protection of the state, may so adjudicate, and may further render such | judgment and make such order or commit ment according to circumstances of the case as will conserve the welfare of said l child and purposes of this chapter. It is the intention of this chapter that in all proceedings coming under it's provisions, the court shall proceed upon the theory that said child is ward of the state and is subject to the discipline, and en- titled to the protection, which the court should give such child under the condl- | tions disclosed in the case.
 Sec. 5. That section 6454 of the code of Alabama be amended so as to read as fol- lows: Section 6454. Solicitors to Assist | Such Courts. The court may in its dis cretfon. call upon the solicitor of said
 county, or the solicitor of the judicial district in which said court is setting. or l the city attorney of said city as the case may be, to assist the court in any pro- ceedings under this chapter, and said so- | licitor or city attorney, as the case may be. shall represent the county or city, as the case may be, in all such cases as are appealed from said courts to other | courts. And in every such case the court may. in It's discretion, appoint an at- 1 torney to represent the child.
 Sec. 6. That section 6455 of the code of Alabama be amended so as to reSa as follows: Section 6455. Probation Officers. Duties and Compensation of The courts having Jurisdiction of proceedings under this chapter may, either jointly or separ-
 ately, appoint probation officers, who may De either men or women, who must be of good moral character, intelligent, of blnmeless lives. and in sympathy with
 the aim and purposes of this chapter, who under the order of courts shall have the oversight and care of such children as
 may be committed by said courts to their charge or supervision; and shall file or petition in the said probate court in the
 case or any child coming under his notice xrrlnx@ fu f.S