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


 nave the means, they may be required 10 provide for the support of the child under the orders of the court or if the child have an estate in the hands oi guardian or trustee, the guardian or trustee must be required 10 pay for US support so long as there are funds or the child in the possession or con troI or the guardian or trustee If the enid have neither parents, who are uaoie to provide for 1t, nor estate sui nclent Tor its maintenance, then the child may be committed to any home or school or reformatory in this state | that VIII receive and maintain the ch1ld. If the child is not committed to d nome, school or reformatory, 1t may De by said probate court under chap 1 ter 54 Of the code of Alabama of 1907, bound out as an apprentice; and if no master can be found for the child, the | court or the county commissioners or ] board of revenue of the county. of the residence of the child, shall be required l by the said probate court to pay for US reasonable and proper support till home or master can be found for the child, or till 1t is adjudged by the court to be able to make it's own living Any hnal order or Judgment made by the | court in the case of any such child shall be subject to any modification, | rom time to time, as the court may consider to be for the welfare of such child. the duty being constant upon the | court to give to all children subject to its Jurisdiction such oversight and control in the premises as will con- duce to the welfare of said children, and to the best interest of the state; provided, however. the said court com init any white boy to the Alabama Boys Industrial school. or any white girl to the Alabama Home of Refuge, or any white girl to the Mercy Home h.x to the Alabama Reform School for Juvenile Negro Lawbreakers said commitment shall be until said child is 21 years of age, or until he, or she, is released by the governing board of said institution. The expenses of transporting said children to said in stitution home or to any other eus- todial agency, shall be borne by said county, or city. as the case may be. Jurisdiction having once been obtained Of any child shall continue during the minority of such child; and the policy of the court shall be as far as possible to exercise it's supervisory care by re- taining children in their own homes under the supervision of a probation officer In committing children to fos- ter homes it must. be a home of the same race of such child and such child must be received in said home as a member of the family and said family must agree lO rear ana euucate Sucn child as though a member of the fam fly.
 Sec. s. That section 6457 of the code of Alabama be amended so as to read as follows: Section 6457. Appeals: An appeal may be taken by any party ag- grieved, from any final order or judg- ment of the court in the case of any such child, to any court of said coun- ty having equity Jurisdiction, within 10 days after the entering of said or- der or judgment Tin said cause, but an appeal bond. may. in. the discretion of the court be required, which said bond shall be payable to the county in which said court is located, and conditioned for the child's appearance to answer such Judgment as may be rendered on appeal, as well as to secure all the cost that may accrue on such appeal; and If such appeal be taken by a guardian ad litem appointed for the child by said probate court, this court may, in its discretion, grant an order allowing said guardian ad litem the actual ex- pense incurred on said appeal and the amount so allowed shall be a valid charge against said county when ap- proved by the judge of said court. An apeal with or without the bond re- duired in this act shall not suspend the judgment appealed from, nor shall 1t discharge the child from the cus-
 
 court or the person into whose care the court may place the child, if the judge of said court shall enter an order that to suspend said judgment would en- danger the welfare of said child. All appeals under this act shall take pre- cedence over all other business of the court to which appeal is had. Upon said appeal, said equity court shall try said case, de novo, and shall proceed un- der and in pursuance of the terms of this act to render such judgment as the said probate or recorders court should have rendered, for the welfare of such child. Upon the rendition of said Judgment. said equity court shall cause to be filed with said probate or recorders court a copy of its said Judgment, which shall thereupon be- come the Judgment of said probate or recorders court. In the event said equity court does not dismiss said pe- tition and does not discharge said child. said equity court shall remand said child to the Jurisdiction of said probate or recorders court for it's su- pervision and care, under the terms of said order; and thereafter said child shall be and remain under the jurisdic- tton of said probate or recorders court In the same manner, as if said probate or recorders court had rendered said Judgment in the first instance.
 Sec. g. That section 645S of the code of Alabama be amended so as to read as follows: Section 645S. Suspending proceedings and remitting child to pro- bate court Nothing in this article con- tained shall be so construed as to for bid the arrest With or without a War rant of any child as now or hereafter may be provided by law, or as forbid ding the issuance of warrants by mag fstrates as provided by law. Whenever child under 16 years of age is brought before magistrate or any court in said county other than said record er's court herein described. charged with any offense, such magistrate or court shall forthwith transfer such case to the probate court of said county by suitable order. When any such child Is brought before any re- corders court, herein defined charged with any such offense, such recorders court shall proceed with the trial of such child under the terms of this chapter. Pending the hearing of said case in said probate court, said mag fstrate, or court, may by.order admit such child to bail, or releasos said child into the custody of its parents, guar dian probation officer, or any other suitable person. to appear before said probate court at a time designated in said order. But if the said ma gistrate or court does not release said child and If in the Judgment of said court or magistrate it is absolutely neces- sary in order to have said child ap- pear before saids probate court at time designated in said order. the said court or magistrate may commit said child to the county jail pending said hearing; but in no case shall said child be confined in the same room with an