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as the judge of such court may deem desirable. In cities of twentyfive thousand inhabitants or over a policeman so designated shall, while acting as such probation officer, receive the same salary as theretofore and be relieved of the ordinary detail duties of a policeman, but shall remain subject to suspension or removal as before his designation. In counties, towns, and in cities of less than twentyfive thousand inhabitants, police officers or constables designated for probation duty under the provisions of this chapter shall not be relieved of the ordinary detail duties of his office except upon express order of the court making such designation. Where no appointment of a probation officer is made the chief of police of the city or town and the sheriff of the county is authorized and required to act as such probation officer. Every probation officer designated as aforesaid is invested with all the powers and authority of a constable.

All persons so selected shall faithfully perform the work and duties which may be prescribed for them by the court or by the State board of public welfare. Such officer or officers so appointed shall receive no extra compensation over his or their regular pay, except that the local authorities of a city, town or county may, if they see fit, pay to such officer so designated such compensation as they may deem to be reasonable.

(1922, p. 819. In force June 18, 1922.)

Sec. 1917. Court's advisory boards.

The judge of any court which has exclusive original jurisdiction of the trial of cases arising under this chapter may appoint a board of not less than three nor more than fifteen citizens of the county or city, known for their interest in the welfare of children, who shall serve without compensation, to be called the advisory board of said court; provided, that in counties or cities wherein county or city boards of public welfare may be appointed, such boards shall constitute the advisory board of the court for such county or city in relation to matters arising under this chapter. Said advisory board at its first meeting shall organize by electing officers, and adopting such by-laws, rules and regulations for its government as it may deem proper. The members of said board shall hold office during the pleasure of the court or the judge thereof. The duties of the board shall be as follows:

(1) To advise and co-operate with the court upon all matters affecting the workings of this chapter and other laws relating to children received by or in charge of any such persons, institutions or (2) To visit as often as they conveniently can institutions and associations receiving children under this chapter and to report to the court from time to time the conditions and surroundings of the children, their care and protection, and to domestic relations; associations; (3) To make themselves familiar with the work of the court under this chapter and make from time to time a report to the public of the work of said court.

(1922, p. 819. In force June 18, 1922.)

If substantially the proceedings prescribed by law have been followed, and if notice thereof had been given to the father of the children, the lower court would have 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. Ex Parte Mallory, 122 Va. 298, 94 S. E. 782.

Sec. 1918. Fine may be imposed upon certain delinquent children as disciplinary measure; when children may be proceeded against as adults.

A fine not exceeding fifty dollars may be imposed upon delinquent children, who are of working age, as a disciplinary measure. All sums so ordered to be paid may be paid by the children in monthly or weekly installments. Such children may also be required to make restitution for damages resulting from their wrongful conduct; or in lieu of a fine, the court may in case any such child is placed on probation, require him to pay a fee for probation service not exceeding fifty dollars, such fees to be accounted for by the judge or clerk of said court and paid monthly into the treasury of the city or county paying the salary of the probation officer.

If at any time, after thorough investigation or trial of its various disciplinary measures, the court or the judge thereof is convinced that any delinquent child fourteen years of age or over brought before it under the terms of this chapter, cannot be made to lead a correct life, and cannot be properly disciplined under the provisions of this chapter, the said child shall then be proceeded against as if he were over the age of eighteen years, and may be committted to the county jail, or to any city jail or police station pending further proceedings, or admitted to bail.

(1922, p. 819. In force June 18, 1922.)

Sec. 1919. Interference with probation officer, etc.; removing or concealing child; punishment.

It shall be unlawful for any person, to interfere with or to obstruct any probation officer, policeman, constable, or other officer in the discharge of his duty under this chapter, or for any person to remove or conceal or cause any child to be removed or concealed in order that it may not be brought before court, or for any person to interfere with or remove or attempt to remove any child who is in the custody of the court or of an officer or who has been lawfully committed under this chapter. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not exceeding fifty dollars, or imprisoned not exceeding three months, or both.

(1922, p. 819. In force June 18, 1922.)

Sec. 1920. Appeals.

An appeal may be taken by any party aggrieved, from any final order or judgment of the court in the case of any child coming within the provisions of this act, to the circuit court of the county or to any

city court having equity jurisdiction, within twenty days after the entering of said order or judgment in said case. Proceedings in such cases in such courts shall conform to the equity practice where evidence is taken ore tenus; provided, however, that an issue out of chancery may be had as a matter of right upon the request of either party. (1922, p. 819. In force June 18, 1922.)

Sec. 1921. Vacation powers.

The judge of any court which has exclusive original jurisdiction of the trial of cases of delinquent, dependent or neglected children is hereby authorized to perform in vacation any act or exercise any power under the provisions of the preceding sections of this chapter which might be done or performed by the court in term time. (1922, p. 819. In force June 18, 1922.)

Sec. 1922. Liberal construction of chapter; constitutionality.

This chapter shall be liberally construed in order to accomplish the beneficial purposes herein sought. Should any part of this chapter be declared to be unconstitutional by the supreme court of appeals of this State or by the United States supreme court, such decision shall not affect the remainder hereof.

(1922, p. 819. In force June 18, 1922.)

Sec. 1923. Causing or encouraging children under eighteen years of age to commit misdemeanors, etc.

Any person over eighteen years of age who shall cause or encourage any child under the age of eighteen years to commit any misdemeanor, or who shall send or cause any such child to go into any place for an unlawful purpose, or who shall in any way subject any such child to vicious or immoral influences, or who shall induce, cause, encourage or contribute toward the dependency, neglect or delinquency of any such child, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than five hundred dollars, or imprisonment in jail for a period of not more than one year, or both. This section shall not be construed as repealing or modifying or in any way affecting section forty-four hundred and ten, forty-four hundred and eleven, forty-four hundred and fourteen, forty-five hundred and forty-eight and forty-seven hundred and sixty-four of the Code of Virginia.

(1920, p. 269. In force June 18, 1920.)

In prosecution for causing or encouraging a child under the age of eighteen years to commit a misdemeanor, the knowledge of accused that the child was under eighteen years of age is an essential element of the crime. Gottlieb v. Commonwealth, 126 Va. 807, 101 S. E. 872.

It is not necessary under the section that the testimony of the female involved be supported by other evidence, as is the case under section 4413, idem. This section is taken from Acts 1914, Ch. 228, under which it was decided that evidence to prove the bad general reputation of the prosecutrix for chastity is inadmissible. It is not an essential element of the offense that the accused should have caused the prosecutrix to commit a misdemeanor. If he encouraged her, he is guilty of the statutory offense. The mere having carnal intercourse in itself alone encouraged the prosecutrix to commit such misdemeanor, and made the accused guilty under the statute. Even if it were true that the

prosecutrix made the first advance, that did not justify the accused in encouraging her to commit the misdemeanor by yielding to her solicitation. Bibbs v. Commonwealth, 129 Va. 768, 106 S. E. 363.

Sec. 1925. Maternity hospitals, etc.; license.

(Repealed; 1922, p. 847. In force June 18, 1922.)

Sec. 1926. Placing out of infants.

(Repealed; 1922, p. 847. In force June 18, 1922.)

Sec. 1927. Responsibility of superintendent for infants placed out. (Repealed; 1922, p. 847. In force June 18, 1922.)

Sec. 1928. Reports to local health officer; when to be made. (Repealed; 1922, p. 847. In force June 18, 1922.)

Sec. 1929. Contents of report; confidential record. (Repealed; 1922, p. 847. In force June 18, 1922.)

Sec. 1930. Penalty for violating five preceding sections. (Repealed; 1922, p. 847. In force June 18, 1922.)

Sec. 1931. State board of charities and corrections may investigate children placed in homes.

(Repealed; 1922, p. 152. In force June 18, 1922.

Sec. 1932. Access to work and records of those placing children in homes.

(Repealed; 1922, p. 152. In force June 18, 1922.)

Sec. 1933. State board of charities and corrections to be notified of placing children in homes.

(Repealed; 1922, p. 152. In force June 18, 1922.)

Sec. 1934. Placing children in homes for gain or without due inquiry as to home; detriment to children; punishment. (Repealed; 1922, p. 152. In force June 18, 1922.)

Sec. 1935. Violation of sections nineteen hundred and thirty-two and nineteen hundred and thirty-three; how punished.

(Repealed. 1922, p. 152. In force June 18, 1922.)

Sec. 1936. For an act requiring persons above the age of sixteen years to support their parents, see chapter 298 of Acts 1920, herein.

For article on "The non-support and Desertion Act" see 5 Va. Law Reg. (N. S.) 714.

For an act affecting the entire chapter containing this section, see chapter 416 of Acts 1918, herein.

Sec. 1937. See note to section 1936, herein.
Sec. 1938. See note to section 1936, herein.

Sec. 1940. See note to section 1936, herein.
Sec. 1941. See note to section 1936, herein.
Sec. 1942. See note to section 1936, herein.
Sec. 1943. See note to section 1936, herein.
Sec. 1944. See note to section 1936, herein.

Sec. 1945. Establishment of juvenile and domestic relations courts. The council or other governing body of any city of this Commonwealth containing twenty-five thousand inhabitants or more shall elect a

special justice of the peace, who shall be a person licensed to practice law, to be known as the judge of the juvenile and domestic relations court of such city, and who shall hold office for a term of six years and until his successor has been elected and has qualified, unless sooner removed, as hereinafter provided. Provided, however, that no election hereunder shall take place until the expiration of the respective terms for which the said special justices are now elected. But this section is subject to this proviso; that in cities of not less than twenty-five thousand nor more than one hundred thousand inhabitants said council or other governing body may designate the civil or police justice to act as the judge of such juvenile and domestic relations court, in which event he shall hold office for the term for which he is elected as such civil or police justice, or until a special justice may be elected as above provided.

(1922, p. 829. In force June 18, 1922.)

Sec. 1946. Oath of special justice.

Every such special justice, before entering upon the performance of his duties, shall take before the corporation or hustings court of the city for which he is appointed, or before the judge thereof in vacation, the official oath required by law.

(1922, p. 829. In force June 18, 1922.)

Sec. 1947. Salary of special justice.

Every such special justice shall receive out of the treasury of the city for which he is elected such salary as the council or other governing body of such city shall prescribe. The salary so fixed shall be in lieu of all fees which may accrue to him by virtue of his office; provided, that all such fees, when collected, shall be accounted for and paid by him into the treasury of said city on or before the tenth of each month. (1922, p. 829. In force June 18, 1922.)

Sec. 1948. Courts of special justice; appointment of substitute justices; when substitute justice to act.

Such special justice shall hold court as may be provided by ordinance of the city for which he is appointed or at such times and places within his territorial jurisdiction as he may designate; but he shall be allowed a vacation period of at least thirty days during each year. The judge of the corporation or hustings court of each of said cities shall, by proper order of record, appoint upon the recommendation of such special justice, as a substitute justice of said juvenile and domestic relations court, a discreet and competent person, and may at any time revoke such appointment, and make a new appointment in like manner in the event of such revocation, or of the resignation, death, absence or disability of such substitute justice. In the event of the disability of said special justice to perform the duties of his office by reason of sickness, absence or otherwise, or of the impropriety of his acting, such substitute justice. shall perform the duties and possess the powers of said special justice during such period, and in the event of the resignation, death, removal,

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