added. When more than one township affected. the county drain commissioner shall not be sustained, and Five per cent all other expenses, and he shall add the whole into a gross sum, and add thereto five per centum of said gross sum to cover contingent expenses, and the entire sum so ascertained shall be deemed to be the cost of construction of such drain. In case the drain and the assessment therefor shall affect more than one township or one or more townships and an incorporated city or village, the county drain commissioner shall apportion such sum between the several townships, or townships, city, village or county so affected upon the basis and per cent determined upon by him as provided in section one of chapter five; or in case of an appeal, then as special drain provided in section four of chapter five: Provided, This act shall not apply to counties having special drain laws. Approved June 28, 1907. Proviso, laws. Section amended When divorce may be decreed for certain causes. not to be entered. [No. 324.] AN ACT to amend section eight of chapter eighty-four of the revised statutes of eighteen hundred forty-six, entitled "Of divorce," as amended by act number one hundred thirty-five of the public acts of nineteen hundred five, being section eight thousand six hundred twenty-three of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: SECTION 1. Section eight of chapter eighty-four of the revised statutes of eighteen hundred forty-six, entitled "Of divorce," as amended by act one hundred thirty-five of the public acts of nineteen hundred five, being section eight thousand six hundred twenty-three of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 8. A divorce from the bonds of matrimony may be decreed for either of the causes mentioned in the preceding section whenever, in the opinion of the court, the circumstances of the case shall be such that it will be discreet and When decree proper so to do; but no divorce from the bonds of matrimony for either of the causes mentioned in the preceding section shall be entered in any case where the same is not asked for by the complainant in the bill of complaint filed therein, or by the defendant on a cross-bill unless the court hearing the evidence shall deem it for the best interests of the parties to grant a divorce from the bonds of matrimony and in that event the court may grant such divorce. This act is ordered to take immediate effect. Approved June 28, 1907. [No. 325.] AN ACT to regulate the treatment and control of dependent, neglected and delinquent children; to provide for juvenile courts, vesting in the several probate courts for that purpose the jurisdiction of dependent, neglected and delinquent children, except such as are admissible to the State Public School under the laws for the government, management and control of said school; to regulate the practice and procedure in such courts; to provide for the appointment of county agents and probation officers, and to prescribe their powers, duties and compensation, and to repeal all acts or parts of acts inconsistent with the provisions of this act. The People of the State of Michigan enact: son defined. SECTION 1. This act shall apply only to minors. For the Juvenile depurpose of this act the words "dependent child" and "neg. linquent perlected child" shall mean any child who for any reason is destitute or homeless or abandoned or dependent upon the public for support or who has not proper parental care or guardianship or who habitually begs or receives alms or who is found living in any house of ill-fame or with any vicious or disreputable person or whose home by reason of neglect, cruelty or depravity, on the part of its parents, guardian, or other person in whose care it may be, is an unfit place for such child; any child under the age of twelve years who is found begging, peddling or singing or playing any musical instrument as a business or who accompanies or is used in the aid of any person so doing. The words "delinquent child" shall include any boy or girl under seventeen years of age, who violates any law of this State or any city or village ordinance, or who is incorrigible or who knowingly associates with thieves, vicious or immoral persons, or who is growing up in idleness or crime, or who knowingly visits or enters a house of ill-repute, or who knowingly patronizes or frequents any policy shop or place where any gaming device is or shall be operated; or who patronizes or frequents any saloon or place where intoxicating liquors are sold, or who frequents or patronizes any public poolroom or bucket shop, or who wanders about the streets in the night time without being on any lawful business or occupation, or who habitually wanders about any railroad yard or tracks, or jumps or hooks on to any moving train, or enters any car or engine without lawful authority, or who habitually uses vile, obscene, vulgar, profane, or indecent language or is guilty of immoral conduct in any public place or about any school house; every child who is vicious, incorrigible or immoral in conduct while attending school, or who is an habitual truant from school or who habitually wanders about the Delinquent streets and public places during school hours without any lawful occupation or employment. Any child committing any of the acts herein mentioned shall be deemed a juvenile delinquent person and shall be proceeded against as such in the manner hereinafter provided. A disposition of any child child, dispo- under this act, or any evidence given in such cause, shall not, in any civil, criminal, or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever excepting in subsequent cases against the same child under this act. sition of. Juvenile courts, jurisdiction of. certain cities. Proviso as to circuit judge exercising powers of probate judge. SEC. 2. The probate court shall have original jurisdiction in all cases coming within the terms of this act, and while proceeding under this act shall be termed Juvenile Proviso as to Courts: Provided, That in cities of twenty thousand inhabitants or more a municipal juvenile court may be established, and when so established in any city as to such city, the probate courts shall not exercise jurisdiction under this act as to children resident therein: Provided, further, That in case the judge of probate in any county is so occupied with the duty devolving upon him in the probate court as not to have time to attend to the cases arising under this act and shall so certify to the circuit court, the circuit judge or one of them in districts where there is more than one circuit judge, to be designated by the judges of said court, shall hear the cases under this act provided to be heard by the Time limited. judge of probate, but said circuit judge shall not exercise the powers of the probate court in such cases for a longer period than two months, unless a new certificate and designation be made, which shall, in like manner be effective for a like period. In all trials under this act any person interested therein may demand a jury of six or the judge of his own motion may order a jury of the same number to try the case, and the jury so ordered shall be summoned and empanelled in accordance with the law relating to juries in courts held by justices of the peace. Proceedings under this act shall not be deemed to be criminal proceedings and this act shall not prevent the trial by criminal procedure in the proper courts of children under fourteen years of age charged with the commission of a felony. Jury of six, how empanelled. Not deemed criminal ceedings. pro Felony tried by criminal procedure. Trials, etc., where held. "Juvenile Court Record." Exclusion of certain persons from court room. Detention place, provision, etc., for. SEC. 3. All examinations or trials of cases coming under the provisions of this act shall be held in the probate court room or chambers, or in a room in the county court house or in a suitable apartment conveniently near the said court house. The proceedings and finding of the court in all the examinations and trials of such cases shall be entered in a book or books to be kept for that purpose and shall be known as the Juvenile Court Record. The judge may exclude from the court room in trials under this act any person whose presence is deemed prejudical [prejudicial] to the interests of the child or the public, when such person does not have a recognized personal interest in the case. It shall be the duty of the board of supervisors in each county within ninety counties. detention charge. whom ap pointment of. days after this act shall take effect, to provide and maintain at public expense, a detention room or house of detention or other suitable place, separate from the jail, lock-up, police station or other place of confinement used for the incarceration of adult criminals or adults charged with crimes or misdemeanors: Provided, That in counties wherein a Proviso as to municipal juvenile court is or may be established, the board certain of supervisors may make such terms and agreements as they may deem best for the care of the township or county juveniles in the city detention home. Such detention place shall be Location of properly located both for the convenience of the juvenile place. court work, and with a view to the healthful physical and moral environment of all children within the provisions of this act, who shall, when necessary, be detained in such place of detention so provided. Such place of detention shall in whose be in charge of a matron or other person, capable and of good moral character. Any child held in said. place of detention Child to shall have the right to give bond or other security for its give bond. appearance at the trial of such case, and the court may, in any such case, appoint council [counsel] to appear and defend, on Counsel, by behalf of any such child, who shall be paid out of the general pointed, how fund of the county or city for such services, such sum as the paid. court shall direct: Provided, That the prosecuting attorney Proviso as to prosecuting shall appear for the people when ordered by the court. attorney. SEC. 4. The Governor shall appoint, in each county of this County State, an agent of the State Board of Corrections and Char- agent, apities, for the care and protection of ill-treated, dependent and delinquent children, who shall hold his office during the pleasure of the Governor, and shall be known as the county agent for the county for which he is appointed. Before entering upon the duties of his office, and within thirty days after receiving notice of his appointment, the said agent shall take and file with the clerk of the county for which he was appointed, the oath of office prescribed by the constitution of this State, and upon such qualification, it shall be Notice of the duty of the county clerk to immediately transmit notice fling oath, thereof to the judge of the Juvenile Court, and to the superintendents of all State and incorporated institutions authorized to receive, or place out on contract, indenture or adoption, any child. The said agent shall receive as compensa- Compensation, tion for his services under this act, his necessary official expenses, together with the sum of three dollars in full for each day ordered by the court, the superintendent of any State institution, or the State Board of Corrections and Charities, but not exceeding three dollars for any one day's service which shall be audited by the Board of State Auditors, and paid from the general fund; and when such services and Services, etc., expenses relate to the indenture, adoption or visiting of of whom certified. children placed in families by State institutions, the amounts thereof shall be certified by the superintendent of the institution to which the child may belong; and when such service shall be ordered by the court the amount thereof shall be etc. how paid. Duties of Right to cancel indenture. Notice of. Petition as to delinquent children. cause inves tigation. certified by the court ordering such service; such bill shall specify the time spent, manner of travel, miles traveled and each item of expense incurred. Said agent shall visit all children resident in the county for which he is appointed which shall have been indentured to any person therein by any State institution whenever he shall be so requested to do by the superintendent of the institution or the State Board of Corrections and Charities, and shall inquire into the management, condition and treatment of such children, and for that purpose may have private interviews with such children at any time, and if it shall come to the knowledge of such agent when making such visits, or at any other time, that any child thus placed in charge of any person as aforesaid is neglected, abused, or improperly treated by the persons having such child in charge, or if such person is unfit to have the care thereof, he shall report the fact to the superintendent of the State institution by which the child was indentured, and the board of such institution, or the superintendent thereof, who may be so authorized to do by said board, on being satisfied that the interests of the child require it shall cancel the indenture by which the child was placed in the family and shall remove the child to some other family home or directly to the State institution from which the child was indentured. All indentures by which any child shall be placed in a home from any State institution shall reserve the right in the board making the indenture, to cancel the same whenever in the opinion of the board the interests of the child require it. Whenever any indenture is canceled as herein provided, or whenever any child indentured from any State institution has been adopted, notice thereof shall be given to said agent of the county where the child was indentured, by the superintendent of the State institution from which the child was indentured or adopted. SEC. 5. Upon the filing with any Juvenile Court of a sworn petition by any reputable resident of the county within the jurisdiction of said court, setting forth upon knowledge, or upon information and belief, the facts showing that any child resident in said county, is a delinquent, dependent or neglected child within the meaning of section one of this act, it shall be the duty of such court, before Notice of, to any further proceeding is had in the case, to give notice thereof to said county agent, or to a duly appointed proba tion officer, who shall have opportunity allowed him to investigate the facts and circumstances surrounding the case, and upon receiving such notice, the county agent or probation officer shall immediately proceed to inquire into and make a full examination of the parentage and surroundings of the Investigation child and all the facts and circumstances of the case, and to be reported. report the same to the said court, who shall advise and counsel with the county agent, or probation officer; and if, upon such consultation, and after full investigation, it shall appear to the court that the public interest and the interest |