CH. 134] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY pendent or neglected under the law as it appears in chapter five-B (5-B) of title three (III) of the supplement to the code, 1907, shall when received become wards of the state. Any child so received unless adopted as authorized under the law as it appears in section twenty-six hundred ninety-a (2690-a) of the supplement to the code, 1907, may be placed by the superintendent with any person or family of good standing and character where it will be cared for and educated properly. Such child shall be placed under articles of agreement to be signed by the person or persons taking the child and the superintendent, approved in writing by the board of control of state institutions, which articles shall provide for the custody, care, education, maintenance and earnings of the child for a time to be therein fixed which shall not extend beyond the time when the child shall attain its majority." SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved March 28, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 29, 1911. W. C. HAYWARD, Secretary of State. CHAPTER 134. SALARIES AND EXPENSES OF STATE AGENTS. S. F. 293. AN ACT making an appropriation for the salaries and expenses of state agents and repealing section two (2) of chapter one hundred seventy-two (172) of the acts of the thirty-third general assembly and the law as it appears in section twenty-six hundred ninety-two-c (2692-c) of the supplement to the code, 1907, as amended. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Repeal-annual appropriation-money advanced. That section two (2) of chapter one hundred seventy-two (172) of the acts of the thirtythird general assembly and the law as it appears in section twenty-six hundred ninety-two-c (2692-c) as amended are hereby repealed and in lieu thereof is enacted the following: "There is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of five thousand ($5,000.00) dollars annually for the payment of salaries and expenses of the state agents and other expenses incurred under the provisions of this act, such salaries and expenses to be paid in the manner provided by section twenty-seven hundred twenty-sevena six (2727-a6) of the supplement to the code, 1907. Provided, that the board of control may cause to be advanced from the funds hereby appropriated to each agent from time to time the sums to be used in defraying the official expenses of such agent, but the aggregate amount of money so advanced and not expended at any time shall not exceed the sum of two hundred fifty ($250.00) dollars, and the agent shall give security to be approved by the board for the proper use and accounting each month of all money so advanced." LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 135 SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved April 12, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 14, 1911. W. C. HAYWARD, CHAPTER 135. PLACING UNDER CONTRACT BOYS AND GIRLS COMMITTED TO THE INDUSTRIAL SCHOOL. S. F. 249. AN ACT authorizing the placing with persons or in families and in places of employment of boys and girls committed to the industrial school, under contract for care, education, maintenance and service, and repealing the law as it appears in section twenty-seven hundred four (2704) of the supplement to the code, 1907. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Repeal-placing under contract of boys and girls-conditions. That the law as it appears in section twenty-seven hundred four (2704) of the supplement to the code, 1907, is hereby repealed and in lieu thereof is enacted the following: "All boys and girls committed to and received in the industrial school may be placed by the superintendent, with the approval in writing of the board of control of state institutions, with any persons or in any families of good standing and character where they will be properly cared for and educated. They shall be so placed under articles of agreement to be signed by the person or persons taking them and the superintendent, approved by said board of control, which shall provide for their custody, care, education, maintenance and earnings for a time to be fixed in said articles which shall not extend beyond the time when the persons bound shall attain their majority. In case a boy or girl so placed be not given the care, education, treatment and maintenance required by such agreement, the board of control may cause the boy or girl to be taken from the person or persons with whom placed and returned to the institution, or may replace, release, or finally discharge him or her as may seem best. It shall not be lawful for any parent or other persons not a party to the placing of a boy or girl to interfere in any manner or assume or exercise any control over such boy or girl or his or her earnings which shall be used, held or otherwise applied for the exclusive benefit of such boy or girl. In case legal proceedings are necessary to enforce any right hereby conferred on any boy or girl, the county attorney of the county in which such proceedings should be instituted shall on request of the superintendent, approved by the board of control, institute and carry on in the name of the superintendent, the proceedings in behalf of the superintendent." SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Moines, Iowa. Approved April 6, A. D. 1911. Des I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 8, 1911. W. C. HAYWARD, CH. 136] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY CHAPTER 136. COMMITMENT OF BOYS AND GIRLS TO THE INDUSTRIAL SCHOOL. H. F. 485. AN ACT providing for the commitment of boys and girls to the industrial school and repealing the law as it appears in sections twenty-seven hundred eight (2708) and twenty-seven hundred nine (2709) of the supplement to the code, 1907, and chapter one hundred seventy-four of the acts of the thirty-third (33) general assembly. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Repeal. That the law as it appears in section twenty-seven hundred eight (2708) of the supplement to the code, 1907, and chapter one hundred seventy-four (174) of the acts of the thirty-third (33) general assembly is hereby repealed and in lieu thereof is enacted the following: "SEC. 2708. Commitment. When a boy over the age of ten years and under eighteen, or girl over the age of ten years, and under eighteen, of sound mind, excepting married women, prostitutes, or any girl who is pregnant, shall be found guilty in any court of record of any crime excepting that of murder, the court in its discretion may, instead of entering judgment of conviction, order and direct the party to be sent to the industrial school, if a boy to the department at Eldora, if a girl, to that at Michellville, which order, certified by the clerk of the court and under its seal, shall be sufficient authority for his or her transfer to and confinement in said school. If such a boy or girl is convicted before any inferior court of a crime, or shall be found to be guilty of being a disorderly person, he or she may be forthwith sent by the court, accompanied with all the papers filed in his office upon the subject, in custody of an officer, to a judge of a court of record, who shall thereupon issue an order, directed to the parent or guardian of the party, or to such person as may have him or her in charge, or with whom he or she last resided, or one known to be nearly related to him or her, or if he or she be alone and friendless, then to any person the judge may appoint to act as guardian for the purposes of the case, requiring him or her to appear at a time and place stated and show cause why the party should not be committed to the industrial school, which order shall be served by an officer by delivering a copy to the party to whom it is addressed, or by leaving it with some person of full age at the residence or place of business of said party, and immediate return shall be made to the judge of the service. At the time and place mentioned in the order, or to which the hearing may be adjourned, on the appearance of the parent or guardian, or, in case of their failure to appear, then after the appointment of some suitable person as guardian for the purposes of the case, the judge shall proceed to take the voluntary examination of the boy or girl, to hear the statements of the party appearing for him or her, and such testimony in relation to the case as may be produced, and if upon such examination and hearing he shall be satisfied that the boy or girl is a fit subject for the industrial school, he may commit him or her to said school, until he or she arrives at the age of twenty-one (21) years, by warrant, which warrant shall state the place in which the party resided at the time of arrest, and his or her age, as near as can be ascertained, and shall command the officer to take and deliver without delay to the superintendent of said school or other person in charge thereof the said boy or girl, and the statement as to residence or age shall be conclusive thereof for the purposes of this chapter. With the warrant, the judge shall also transmit a statement of the nature of the complaint, and such other particulars concerning the accused as he may be able to ascertain, including the date of birth, and a brief statement of the habits and environment of the accused, arrests if any for misconduct, influence LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 136 and conduct of parents and other members of the family, and the substance of the evidence submitted. If the judge is of the opinion that the boy or girl is not a fit subject for the school, or if said boy or girl shall appeal from the decision of the court in which the conviction was had, he shall remand him or her to the custody of the officer who had him or her in charge, to be returned to the magistrate before whom the conviction was had, to be dealt with according to law." SEC. 2. Repeal. The law as it appears in section twenty-seven hundred nine (2709) of the supplement to the code, 1907, is hereby repealed and in lieu thereof is enacted the following: "SEC. 2709. Complaint by parent or guardian. If any parent or guardian shall make complaint to a judge of a court of record that any boy over the age of ten years and under eighteen, or girl over the age of ten years and under eighteen, the child or ward of such parent or guardian, is habitually vagrant, disorderly or incorrigible, said judge shall issue a warrant to the sheriff or constable to cause said boy or girl to be brought before him at such time and place as he may appoint, when and where he shall examine the parties, and if in his judgment the boy or girl is a fit subject for the industrial school, he may issue an order, with the consent of said parent or guardian indorsed thereon, to be executed by the sheriff or constable, committing said boy or girl to the custody of the superintendent of said school for reformation and instruction until he or she attains the age of twenty-one (21) years; but security for the payment of the expenses of said complaint, commitment and transportation to the school, and the expenses of board thereat, may, in the discretion of the judge, be required of said parent or guardian before such order is executed. Provided, however, that no married woman, prostitute, or girl who is pregnant shall be committed under the provisions of this section, and provided further that with the order the judge shall also transmit a statement of the nature of the complaint, and such other particulars as he may be able to ascertain, including the date of birth and a brief statement of the habits and environment of the accused, arrests if any for misconduct, influence and conduct of parents and other members of the family, and the substance of the evidence submitted." SEC. 3. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved April 15, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital April 20, 1911, and in the Register and Leader April 21, 1911. W. C. HAYWARD, CH. 138] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY CHAPTER 137. SUPPORT OF THE INDUSTRIAL SCHOOLS. S. F. 254. AN ACT to provide for the support of the industrial schools and fixing a minimum monthly allowance for each of its departments, and repealing the law as it appears in section twenty-seven hundred thirteen (2713) of the supplement to the code, 1907. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Repeal-support fund. That the law as it appears in section twenty-seven hundred thirteen (2713) of the supplement to the code, 1907, is hereby repealed and in lieu thereof is enacted the following: "For the support of the industrial school there is hereby appropriated out of any money in the state treasury not otherwise appropriated, or so much thereof as may be necessary, thirteen dollars monthly for each boy and sixteen dollars monthly for each girl actually supported in said school, counting the average number therein for each month; the monthly statement for each department to be verified by its superintendent and presented to the state auditor who shall draw his warrant upon the state treasurer for the same; provided however that when the average number of inmates in the department for boys shall be less than four hundred seventy for any month said department shall be credited by the auditor of state and the treasurer of state with the sum of six thousand one hundred dollars, and when the average number of inmates in the department for girls shall be less than two hundred twentyfive for any month said department shall be credited by the auditor of state and the treasurer of state with the sum of thirty six hundred dollars, and any sum which shall be credited to either department as aforesaid shall be drawn from the state treasury as the regular monthly per capita allowance is drawn.” SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved April 15, A. D. 1911. I hereby certify that the foregoing act was published in the Des Moines Capital April 19, 1911, and in the Register and Leader April 20, 1911. W. C. HAYWARD, CHAPTER 138. COMMITMENT OF GIRLS TO INSTITUTIONS FOR DETENTION AND REFORMATION OF WAYWARD AND FALLEN GIRLS. H. F. 180. AN ACT amendatory of and additional to chapter eight (8) title thirteen (XIII) of the code and supplement to the code, 1907, providing that whenever females may be committed to the industrial school, the court or judge may commit said females to any reputable institution within this state conducted for the detention and reformation of wayward and fallen girls, fixing the compensation to be paid such institutions therefor, and providing that sections thirty-two hundred and sixty-g (3260-g), thirty-two hundred and sixty-j (3260-j) and thirty-two hundred and sixty-k (3260-k) supplement to the code, 1907, relating to the authority and supervision of the court and board of control, shall govern so far as applicable. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Commitments to reformatory institutions authorized-what statutes applicable. Whenever under the provisions of chapter eight (8) |