and assistance as the judge may require, and to take charge of any child or children before or after trial, whenever he may be so directed by the court, and to keep such records and to make such reports to the court as the court may order or direct. Probation officers heretofore or hereafter appointed under the provision of chapter one hundred fifty-four (154) of the General Laws of Minnesota for 1899, and all laws amendatory thereof, shall be subject to the orders of the court in reference to all matters covered by the provisions of this act. Probation officers appointed under authority of this act shall serve without compensation from the county, save only that the majority of the judges of the court may direct the payment of such salary to such probation officers as may be approved by the board of county commissioners of the county where such officers are appointed. Sec. 7. When any child under the age of seventeen (17) years shall be found to be dependent or neglected, within the meaning of this act, the court may make an order committing the child to the care of some suitable state institution or to the care of some reputable citizen of good moral character, as provided by law, or to the care of some association willing to receive it, embracing in its objects the purpose of caring for or obtaining homes for dependent or neglected children, which association shall have been accredited as hereinafter provided. The court may, when the health or condition of the child shall require it, cause the child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution, which will receive it for like purpose without charge.

Sec. 8. In any case where the court shall award a child to the care of any association or individual, in accordance with the provisions of this act, the child shall, unless otherwise ordered, become a ward, and be subject to the guardianship of the association or individual to whose care it is committed. Such association or individual shall have authority to place such child in a family home, without indenture, and may be made party to any proceeding for the legal adoption of the child, and may by its or his attorney or agent appear in any court where such proceedings are pending and assent to such adoption. And such assent shall be sufficient to authorize the court to enter the proper order or decree of adoption. Provided, however, that when adoption proceedings for any such child or children are commenced in any other court than the court which originally committed such child, then a copy of the petition in such adoption proceedings shall be filed in the office of the clerk of the court which originally committed such child, at least thirty (30) days before any final decree of adoption shall be entered. Such guardianship shall not include the guardianship of any estate of the child.

"Sec. 9. (As amended by chapter 204 General Laws, 1909.) In the case of a delinquent child the court may continue the hearing from time to time, and may commit the child to the care or custody of a probation officer, and may allow said child to remain in its own home, subject to the visitation of the probation officer; such child to report to the probation officer as often as may be required, and subject to be returned to the court for further or other proceedings whenever such action may appear to be necessary; or the court may cause the child to be placed in a suitable family home, subject to the friendly supervision of a probation officer and the further order of the court; or it may authorize the child to be boarded out in some suitable family home, in case provision is made by voluntary contribution or otherwise for the payment of the board of such child, until suitable provisions may be made for the child in a home without such payment; or the court may commit such child to the State Training School, or the court may commit the child to any institution incorporated under the laws in this state, that may care for delinquent children, or be provided by city or county suitable to the care of such children, or to any state institution which may be established for the care of delinquent children. In no case shall a child be committed beyond the age of twenty-one (21) years. A child committed to such an institution shall be subject to the control of

the board of managers thereof, and the said board shall have power to parole such child on such conditions as it may prescribe, and the court shall, on the recommendation of the board, have power to discharge such child from custody whenever, in the judgment of the court, his or her reformation is complete, or the court may commit, the child to the care and custody of some association that will receive it, embracing in its objects the care of neglected or dependent, children, and that has been duly accredited as hereinafter provided. The district court may, in its discretion, cause any delinquent child to be proceeded against in accordance with the laws that may be in force governing the commission of crimes and misdemeanors, or the violation of municipal ordinance."

Sec. 10. In any case in which the court shall find a child neglected, dependent or delinquent, it may, in the same or subsequent proceeding, upon the parents of said child, or either of them being duly summoned or voluntarily appearing, proceed to inquire into the ability of such parent or parents to support the child or contribute to its support, and if the court shall find such parent or parents able to support the child or contribute thereto, the court may enter such order or decree as shall be, according to equity in the premises, and may enforce the same execution, or in any way in which a court of equity may enforce its orders or decree.

Sec. 11. All associations receiving children under this act shall be subject to the same visitation, inspection and supervision by the state board of control as are the public charitable institutions of this state, and it shall be the duty of the said board to pass annually upon the fitness of every such association as may receive, or desire to receive, children under the provisions of this act, and every such association shall annually, at such time as said board shall direct, make report thereto, showing its condition, management and competency to adequately care for such children as are, or may be committed to it, and such other facts as said board may require, and upon said board being satisfied that such association is competent and has adequate facilities to care for such children, it shall issue to the same a certificate to that effect, which certificate shall continue in force for one (1) year, unless sooner revoked by said board, and no child shall be committed to any such association, which shall not have received a certificate within fifteen (15) months next preceding the commitment. The court may, at any time, require from any association receiving or desiring to receive children under the provisions of this act, such reports, information and statements as the judge shall deem proper or necessary for his action, and the court shall in no case be required to commit a child to any association whose standing, conduct or care of children or ability to care for the same, is not satisfactory to the court.

Sec. 12. It shall be lawful for the parents, parent, guardian or other person having the right to dispose of a dependent or neglected child to enter into an agreement with any association or institution incorporated under any public or private law for this state for the purpose of aiding, caring for or placing in homes such children, and being approved as herein provided for the surrender of such child to such association or institution, to be taken and cared for by such association or institution or put into a family home. Such agreement may contain any and all proper stipulations to that end, and may authorize the association or institution, by its attorney or agent, to appear in any proceeding for the legal adoption of such child, and consent to its adoption and the order of the court made upon such consent shall be binding upon the child and its parents or guardian or other person the same as if such person were personally in court, and consented thereto whether made party to the proceeding or not.

Sec. 13. The court in committing children shall place them, as far as it deems practicable in the care and custody of some individual holding the same religious belief as the parents of said child, or with some association which is controlled by persons of like religious faith of the parents of the said child.

Sec. 14. The act shall be liberally construed to the end that its purpose may be carried out, to-wit: That the care, custody and discipline of

a child shall approximate as nearly as may be that which should be given by its parents, and in all cases where it can properly be done, the child to be placed in an approved family home and become a member of the family by legal adoption or otherwise.

Sec. 15. This act shall take effect and be in force from and after the 1st day of June, 1905.

Approved April 19, 1905.

General Laws 1911-Chapter 356

AN ACT relating to the education of children, defining the powers and duties of school boards, their officers, agents, employes and teachers, and of county superintendents and county attorneys, in the enforcing of attendance at school, and providing for a school census, and repealing certain sections of chapter 400, Laws of 1909.

Be it enacted by the Legislature of the State of Minnesota:

Compulsory Attendance-Grounds for Excuse. Section 1. Every child between eight (8) and sixteen (16) years of age shall attend a public school, or a private school, in each year during the entire time the public schools of the district in which the child resides are in session; provided, that in districts where the entire term of school is of unequal length in different schools, such child shall be required to attend school as herein provided during at least the entire time of the shorter term.

Such child may be excused from attendance upon an application of his parent, guardian, or other person having control of such child, to any member of the school board, truant officer, principal, or city superintendent, for the whole or any part of such period, by the school board of the district in which the child resides, upon its being shown to the satisfaction of such board:

1. That such child's bodily or mental condition is such as to prevent his attendance at school or application to study for the period required; or 2. That such child has already completed the studies ordinarily required in the eighth grade; or

3. That there is no public school within reasonable distance of his residence, or that conditions of weather and travel make it impossible for the child to attend; provided, first, that any child fourteen (14) years of age or over, whose help may be required in any permitted occupation in or about the home of his parent or guardian may be excused from attendance between April 1 and November 1 in any year; but this proviso shall not apply to any cities of the first and second class; provided, second, that nothing in this act shall be construed to prevent a child from being absent from school on such days as said child attends upon instruction according to the ordinances of some church.

The clerk, or any authorized officer of the school board shall issue and keep a record of such excuses, under such rules as the board may from time to time establish.

Duty of School Board. Section 2. It shall be the duty of each school board, through its clerk or other authorized agent or employe, to report the names of children between six (6) and sixteen (16) years of age, with the excuses, if any, granted in such district, to the principal teacher thereof, within the first week of school, and any subsequent excuses granted shall be forthwith reported in the same manner. The principal teacher shall provide the teachers in the several schools under his supervision, with the necessary information for the respective grades of schools, relating to the list of pupils with excuses granted. On receipt of the list of such pupils of school age and the excuses granted, the principal teacher in a common, semi-graded or consolidated rural school shall report the names of children not excused, who are not attending school, with the names and their addresses, of their parents, to the county superintendent of schools within five days after receiving the clerk's report. The several teachers in state graded and state high schools shall report to the principal or to the city superintendent, in like manner.

Duty of County Superintendent, Principal, Teacher, etc. Section 3. The county superintendent of schools shall forthwith notify the parent, guardian or person in charge to send such child to school of whose unexcused absence he has been informed, and upon their neglect or refusal to comply with the notification, the county superintendent shall, upon receipt of information of such non-compliance, notify the county attorney of the facts in each case. The principal of a graded school, or the superintendent of a district maintaining a high school, or a city superintendent, shall proceed in like manner as provided in this section respecting the county superintendent of schools.

It shall be the duty of the principal teacher or other person in charge of any private school to make reports at such times and containing such information as is herein required, respecting public schools. Such reports shall be made to the county superintendent of schools in whose county such private school is located, except where such private school is located in a city or in a district maintaining a high school, or a graded school, such reports shall be made to the city superintendent of schools or to the superintendent or principal of the high or graded school.

The county superintendent, city superintendent, principal of graded school or superintendent of a district maintaining a high school, as the case may be, shall upon request of the county attorney make and file a criminal complaint against the person or persons neglecting or refusing to comply with the provisions of this act relating to the sending of a child or children to school, in any court in said county having jurisdiction of the trial of misdemeanors, and upon making of such complaint a warrant shall be issued and proceedings and trial be had as provided by law in case of misdemeanors. All prosecutions under this chapter shall be conducted by the county attorney of the county wherein the offense is committed.

Parent Guilty of Misdemeanor for Violation. Section 4. Any person who shall refuse or fail to send or keep in school any child or children of whom he has legal charge or control, and who is required by law to attend school, when notified so to do as herein before provided, and any person who induces or attempts to induce any child unlawfully to absent himself from school, or who knowingly harbors or employs while school is in session any child unlawfully absent from school, shall be guilty of a misdemeanor, and shall be punished by a fine of not to exceed fifty (50) dollars, or by imprisonment in the county jail for not more than thirty (30) days.

School Officer, etc., Guilty of Violation. Section 5. Any school officer, truant officer, teacher of a public or private school, graded school, principal, city superintendent or county superintendent of schools refusing, willfully failing, or neglecting to perform any duty imposed upon him by the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine not to exceed ten (10) dollars, or by imprisonment in the county jail not to exceed ten (10) days. All such fines, when collected, shall be paid into the county treasury for the benefit of the school district in which such offense is committed.

Duty of Commissioner of Labor. Section 6. The commissioner of labor and his assistants shall assist in the enforcement of the provisions of this act, and shall have authority to examine the excuses granted under this act to make investigation into the causes for which excuses have been granted, and to revoke and cancel any that may be found to be granted without proper or sufficient cause.

School Census. Section 7. A complete school census shall be taken in every school district, common, independent and special, between July 1 and September 1, of all children between six (6) and sixteen (16) years of age, which census shall show the name, and date of birth of each person required to be enumerated, and the name and address of his parent, guardian or other person having charge. The school census shall be taken by the clerk of the school board, or by some other person or persons appointed by the school board. Such person or persons taking such census shall

make two extra copies thereof, shall certify to the school board the correctness of the enumeration and the information therein contained. The clerk shall retain the original in his office, send one copy to the county superintendent, on or before September 1, and one copy to the principal teacher, principal or city superintendent of the school district, before the first day of school of each school year. The compensation for taking said school census and making the extra copies thereof shall be three (3) cents for each pupil enumerated, as shown by the census list, except that in cities the school board shall fix the compensation for this work.

Section 8. Sections 1, 2, 3 and 4 of chapter 400 of the laws of 1909, and all other acts and parts of acts inconsistent with this act are hereby repealed.

Approved April 20, 1911.

NOTE. The following sections are contained in Chapter 400, Laws of 1909, still in force and not repealed by the foregoing Chapter 356.

Sec. 5. That sections 1449 and 1450 of the Revised Laws of 1905, be

and the same are hereby amended to read as follows:

1449. Truant Schools-Such boards may maintain ungraded schools for the instruction of children of the following classes between eight and eighteen years of age:

1.

Habitual truants.

2. Those incorrigible, vicious or immoral in conduct.

3. Those who habitually wander about the streets or other public places during school hours, without lawful employmenɩ.

All such children shall be deemed disorderly, and the board may compel their attendance at such truant school, or any department of the public schools, as the board may determine.

1450. Commitment to State Training School--Whenever the board determines that the foregoing provisions have been found inadequate to secure the attendance at school of any such disorderly child or that he is beyond proper control in the truant or other school to which he has been assigned, it shall direct the truant officer to make complaint to a court or magistrate having jurisdiction over misdemeanors in such district or city. Such court or magistrate shall thereupon issue a warrant for the arrest of such child, and proceed to a hearing on such complaint, and if, upon such hearing, the court, or magistrate shall decide that such child is disorderly and beyond the proper control of the schools of the district, and under seventeen years of age, he shall sentence him to the state training school; but in case of a first conviction, the court, in its discretion, may suspend the sentence.

Sec. 6. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its passage.

Approved April 22, 1909.

General Laws 1911-Chapter 144.

AN ACT Amending Section 4933, Revised Laws 1905. Relating to the Crime of Abandoning Wife or Child.

Be it enacted by the Legislature of the State of Minnesota.

Section 1. Section 4933, Revised Laws, 1905, is hereby amended so as to read as follows:

"4933. Abandoning of Wife or Child.-Every parent or other person having the care or custody for nurture or education of a child under the age of ten years, who shall desert such child in any place with intent wholly to abandon it, shall be punished by imprisonment in the state prison for not more than one year, and a husband who, without lawful excuse, deserts his wife and family, when such family includes children unable to support themselves, shall be guilty of a felony, and punished therefor by imprisonment in the state prison not more than one year."

Approved April 13, 1911.