Sec. 1896. Plans of new jails, etc., to be submitted to board. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1897. Local visitors of jails and almshouses to be appointed; their duties; reports. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1898. Statistics of defectives and delinquents. Sec. 1899. Annual detail report to governor; contents of report; where copies filed and to whom transmitted. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1900. Removal of officer interfering with or refusing to furnish information to board. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1901. Chairman of board; order for payment of salaries and expenses; printing. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1902. Investigation of institutions ordered by governor; powers of board or committee; compensation. (Repealed; 1922, p. 156. In force June 18, 1922.) Sec. 1905. Courts having exclusive original jurisdiction of cases of delinquent, dependent or neglected children; records and hearings. Juvenile and domestic relations courts in cities and counties wherein the same have been or may hereafter be established according to law, and circuit courts of counties and corporation or hustings courts of cities wherein no juvenile and domestic relations court may be established, shall have exclusive original jurisdiction for the trial of all matters and cases arising under this chapter. Such courts shall have power under the terms and provisions of this chapter to determine the question of the dependency, neglect or delinquency of any child or children within their respective jurisdictions, and when so adjudicated to declare such child or children to be, for the purposes of this chapter, wards of the State, and to make and enter such judgments or orders for their custody, discipline, supervision, care, protection and guardianship, as in the judgment of the court will be for the welfare and best interest of such child or children. In any case arising under this chapter the judge of the court may determine as between parents whether the father or mother shall have the custody, education direction and control of such child. Each of said courts shall keep a separate docket or order book for the entry of its orders in cases arising under this chapter; and the trial of all such cases shall be held at a different time from the hearing of other cases in said courts; and no person shall be admitted to hear the trial of said cases except officers of the court, attorneys, and witnesses in the case, and the accused, and his relatives or guardian or custodian. The records of all such cases shall be withheld from indiscriminate public inspection, but such records shall be at all reasonable times open to inspection by the parent, guardian, or attorney of said child, or by the attorney for its parent or guardian. The hearing and proceedings herein provided for may be conducted in the judge's chamber or in any other room that may be provided for such cases, and in such places within the city or county as may be convenient to the court and to the parties concerned. No adjudication or judgment upon the status of any child under the provisions of this chapter shall operate to impose any of the disabilities ordinarily imposed by a conviction, nor shall any such child be denominated a criminal by reason of any such adjudication, nor shall such adjudication be denominated a conviction. (1922, p. 819. In force June 18, 1922.) Where an order of the juvenile and domestic court of the city of Richmond committed certain children to the Children's Home Society of Virginia, which children were not charged with any criminal offense when the order was entered, but only with being dependent and neglected and the facts showed that they were taken from the home of their father in habeas corpus proceedings, during his temporary absence, and the charge was inquired into and the order entered without any notice whatever to him of the proceedings, or other procedure required by the statute in order to dispense with such notice, the order was void as against the father and his legal right to the custody of his children. Ex-Parte Mallory, 122 Va. 298, 94 S. E. 782. The police justice having jurisdiction of the case, whether there was or was not a warrant containing the charge against the petitioner, or whether the charge descended sufficiently into detail, to afford the latter due process of law, were all matters within the jurisdiction of the justice to determine, subject to proceedings on appeal as provided by statute which are intended, among other things, to afford such due process when demanded by the accused. ExParte Hazel Smith, 124 Va. 791, 98 S. E. 10. The order of commitment in proceedings under this section is conclusive of the fact, on habeas corpus proceedings, that the charge on which the child was committed was that stated in the order. Such order, being entered in a case of which the justice had jurisdiction, cannot be collaterally assailed. Hence, the sole remedy of petitioner in the premises is by appeal, as provided for in said statute. Ex-Parte Hazel Smith, 124 Va. 791, 98 S. E. 10. For a decision on repeal of an earlier act by implication, see Ex-Parte Mallory, 122 Va. 298, 94 S. E. 782. Upon habeas corpus proceedings to obtain the release of an infant committed as a delinquent child under this section, the fact that the child was tried and committed for fornication is immaterial since such charge was embraced in the charge that petitioner was a "delinquent child." Moreover, if the order of commitment erroneously stated that the charge aforesaid was that of being "a delinquent child" and was in fact that of fornication, a criminal offense, the justice had jurisdiction under the statute upon the trial of petitioner for such offense to have entered the order of commitment on finding the petitioner guilty of such charge. Ex-Parte Hazel Smith, 124 Va. 791, 98 S. E. 10. By reason of the definition of the words "delinquent child" contained in the statute (Acts 1914, page 696, section 1, at page 697), a charge of being a "delinquent child not suitable to be placed on probation," embraces either a charge of a criminal offense, or of such an offense as concerned the public welfare in such a way that the act is constitutional in its provisions in section 8 thereof. Accordingly an order of a police justice committing an infant to the custody of the Virginia Home and Industrial School for Girls is valid where it appears that it was entered when the petitioner was personally in custody, and on her being brought before the police justice for trial upon the charge under oath. ExParte Hazel Smith, 124 Va. 791, 98 S. E. 10. If substantially the proceedings prescribed by chapter 350, Acts 1914, page 696, had been followed in the instant case, and if notice thereof had been given to the petitioner, the father of the children, the lower court would have had jurisdiction to proceed with the case and to have entered the order committing the children to the custody of the Children's Home Society of Virginia, and although there might have been error therein, such error could not have been inquired into or reviewed by the supreme court of appeals in a proceeding by application for a writ of habeas corpus, but only by appeal from such order. Er Parte Mallory, 122 Va. 298, 94 S. E. 782. Discussed 7 Va. Law Reg. (N. S.) 563. Sec. 1906. Terms defined. For the purposes of this chapter the words "delinquent child" shall include a child under eighteen years of age who: Violates a law of this State or a city, town or county ordinance, or Is incorrigible; or Is a persistent truant from school; or Habitually associates with vagrants, criminals or reputed criminals, or vicious or immoral persons; or Is an habitual loafer or vagrant; or uses habitually intoxicating liquor as a beverage, or who uses opium, cocaine, morphine, or other similar drug without the direction of a competent physician; or Frequents a disorderly house, or house of ill fame; or Frequents a gambling house or place where a gambling device is operated; or Habitually and without restraint uses or writes, or circulates vile, obscene, vulgar, profane or indecent language, or is guilty of acts of moral perversion. The words "dependent child" shall mean a child under eighteen years of age, who is homeless or destitute or dependent on the public for support; or whose parents, for good cause, desire to be relieved of its care and custody or who is without a parent or guardian able to provide for its support, training and education and is unable to maintain himself by lawful employment, except such children as are herein defined as "neglected" or "delinquent." The words "neglected child" shall mean a child under eighteen years of age: Who is abandoned by both parents, or if one parent is dead, by the survivor, or by his guardian; or Who has no proper parental care or guardianship; or Who habitually begs or receives alms; or Who is found living in a house of ill fame or with vicious or disreputable persons; 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; or Whose parents or guardian neglect or refuse, when able to do so, to provide medical, surgical or other remedial care necessary for its health or well-being; or Whose parents or guardian permit such child under the age of sixteen years to engage in any occupation or calling defined by the child labor law as dangerous to the life or limb or injurious to the health or morals of such child; All delinquent, dependent or neglected children, as defined in this chapter, shall be considered, for the purposes of this chapter, wards of the State and in need of care and protection, and proceedings under this chapter shall be for the purpose of determining whether or not the State should assume the guardianship, supervision, custody or control of the child in question. (1922, p. 819. In force June 18, 1922.) See chapter 357 of Acts 1918, herein, relating to pool rooms outside of cities and towns. See notes to preceding section. Sec. 1907. Style and commencement of proceedings. re... The style or title of the proceedings under the provisions of this chapter, when against a child, shall be "Commonwealth of Virginia in (inserting the name of child). Any reputable person having knowledge or information that a child, who resides in or who is actually within a city or county of this State, is within the provisions of this chapter, or subject to the jurisdiction of a court hereunder, may, and any probation officer having such knowledge or information shall, file with said court a verified petition, which petition shall set forth the name, residence and age of the child and name and residence of the parents, if known to the petitioner, and the name and residence of the person or persons having the guardianship, custody, control and supervision of such child, if the same be known, or can be ascertained by petitioner, or the petition shall state that they are unknown if that be the fact. The petitioner shall state the facts which bring said child within the provisions of this chapter, and it shall be sufficient for that purpose to aver that the child mentioned therein is "dependent," "neglected," or "delinquent," as the case may be, and in need of the care and protection of the State in that (here stating concisely the facts which bring said child within said terms as herein defined), and said petition shall be sworn to by petitioner; but such affidavit may be made upon the information and belief of affiant. (1922, p. 819. In force June 18, 1922.) Sec. 1908. Issuance of summons. Upon the filing of the petition, the clerk or judge shall forthwith, or after causing an investigation to be made by a probation officer or other person designated by said court or judge, cause a summons to be issued, signed by the judge or clerk of said court, requiring the child to appear before the court, and requiring the parents, guardian, or the person having the custody, control or supervision of the child, or the person with whom the child may be found, to appear with the child, at such time and place as may be stated in the summons, to show cause why the child should not be dealt with according to the provisions of this chapter. If it appears from the petition that the child has violated any penal law of this State (or any ordinance of a city, town or county) for which it might be prosecuted, or that the child is in such condition that its welfare requires that its custody be immediately assumed, the judge or clerk may endorse upon the summons a direction that the officer serving the same shall at once take said child into his or her custody. When any child is taken into custody under such summons, such child may, if in the judgment of the judge of said court it is not inconsistent with his or her welfare, be admitted to bail, or released on his or her own recognizance, or released into the custody of his or her parent, or of a probation officer or other person designated by the judge of said court. When not so released said child shall be detained pending the hearing of the case and final disposition of said child in accordance with the subsequent provisions of this chapter. (1922, p. 819. In force June 18, 1922.) The judgment of a justice of the peace in sending the accused, a minor sixteen or seventeen years of age, on to the grand jury was equivalent to the judicial ascertainment of the fact that the grave offense wherewith he was charged was aggravated, or that the ends of justice demanded its investigation by the grand jury. While that judgment remained in force, the circuit court was under obligation to respect it, and it afforded sufficient ground for putting the accused upon trial. Green v. Commonwealth, 122 Va. 862, 94 S. E. 940. Sec. 1909. Service of summons. Service of such summons within said county or city shall be made by delivering to and leaving with the person summoned a true copy thereof. If the child mentioned in the petition be present in court, no summons to said child shall be necessary to give the court jurisdiction of such child. When the person named in the summons, other than the child, is present in court, or is a non-resident of the State, or cannot be found after reasonably diligent search or when said child is in court by reason of the violation of any penal law of the State or any ordinance of said county, town or city, service of a summons upon such other person named in the summons shall not be necessary to give the court jurisdiction; but if such other person be not present in court; and if for any of the reasons set out above has not been served with a summons, the court must appoint probation officer, or a discreet and competent attorney at law, to act as guardian ad litem to represent the interest of such child and such guardian ad litem shall be present at the hearing of said case to represent said child. But in no case shall the trial proceed until the parents or parent of such child, if residing within the State, have been duly notified of the pendency of such proceedings, unless the judge shall certify on his record that diligent efforts have been made to locate and notify such parents without avail. In cases where a summons is necessary it shall be sufficient to confer jurisdiction if service is effected at any time before the time fixed in the summons for the return thereof, but the court shall not proceed with the hearing earlier than the third day after the date of service, if objection be made by the parties served, or by a guardian ad litem appointed to represent the interest of such child. Proof of service may be made by the affidavit of the person |