ceedings by summons if residents of this state in the same manner as is now or may hereafter be required in court proceedings by the laws of this state except only as herein otherwise provided.

All persons, if any, who or whose names are stated in the petition to be unknown to petitioner, shall be deemed and taken as defendants by the name or designation of "all whom it may concern." The petition shall be verified by affidavit, which affidavit shall be sufficient upon information and belief. Process shall be issued against all persons made parties by the designation of "all whom it may concern" by such description, and notice given by publication as is required in this act shall be sufficient to authorize the court to hear and determine the suit as though the parties had been sued by their proper names.

732. Summons for-Publication of-Contempt, when.

SEC. 5. Summons. The summons shall require the person alleged to have the custody of the child to appear with the child at the time and place stated in the summons; and shall also require all defendants to be and appear and answer the petition on the return day of the summons. The summons shall be made returnable at any time within twenty days after the date thereof and may be served by the sheriff, or by any duly appointed probation officer, even though such officer be the petitioner. The return of such summons with indorsement of service by the sheriff or by such probation officer in accordance herewith shall be sufficient proof thereof.

Whenever it shall appear from the petition or from affidavit filed in the cause that any named defendant resides or hath gone out of the state, or on due inquiry cannot be found, or is concealed within this state or that his place of residence is unknown so that process cannot be served upon him, or whenever any person is made defendant under the name or designation of "all whom it may concern," the clerk shall cause publication to be made once in some newspaper of general circulation published in his county, and if there be none published in his county, then in a newspaper published in the nearest place to his county in this state, which shall be substantially as follows:

Take notice that on the

day of

in the

A, B, C, D, etc. (here giving the names of such named defendants, if any), and to "all to whom it may concern" (if there be any defendant under such designation): A. D. 19, a petition was court of county to have a certain child named declared a (dependent or delinquent) and to take from you the custody and guardianship of said child (and if the petition prays for the appointment of a guardian with power to consent to adoption, add and to give said child out for adoption).

filed by

Now, unless you appear within ten days after the date of this notice and show cause against such application, the petition shall be taken for confessed and a decree granted.

Dated (the date of publication).

Clerk.

And he shall also within ten days after the publication of such notice send a copy thereof by mail, addressed to such defendants whose place of residence is stated in the petition, and who shall not have been served with summons. Notice given by publications as is required by this act shall be the only publication notice required either in the case of residents, nonresidents or otherwise. The certificate of a clerk that he has sent such notice in pursuance of this section shall be evidence thereof. Every defendant who shall be duly summoned shall be held to appear and answer either in writing or orally in open court on return day of the summons or if such summons shall be served less than one day prior to the return day then on the following day. Every defendant who shall be notified by publication as herein provided

shall be held to appear and answer either in writing or orally in open court within twenty days after the date of the publication notice. The answer shall have no greater weight as evidence than the petition. In default of an answer at the time or times herein specified or at such further time as by order of court may be granted to a defendant, the petition may be taken as confessed.

If the person having the custody or control of the child shall fail without reasonable cause to bring the child into court, he may be proceeded against as in case of contempt of court. In case the summons shall be returned and not served upon the person having the custody or control of such child or such person fails to obey the same and in any case when it shall be made to appear to the court by affidavit, which may be on information and belief that such summons will be ineffectual to secure the presence of the child, a warrant may be issued on the order of the court either against the parents or either of them, or guardian, or the person having the custody or control of the child or with whom the child may be or against the child itself to bring such person into court. On default of the custodian of the child or on his appearance or answer, or on the appearance in person of the child in court with or without the summons or other process and on the answer, default or appearance or written consent to the proceedings of the other defendants thereto, or as soon thereafter as may be, the court shall proceed to hear evidence. The court may, in any case when the child is not represented by any person, appoint some suitable person to act on behalf of the child. At any time after the filing of the petition and pending the final disposition of the case, the court may continue the hearing from time to time and may allow such child to remain in the possession of his custodian or in its own home subject to the friendly visitation of a probation officer, or it may order such child to be placed in the custody of a probation officer of the court, or of any suitable person appointed by the court, or to be kept in some suitable place provided by the city or county authorities.

733. Probation officers, how appointed-Powers-Salary-Duties.

SEC. 6. Probation Officers. The district courts in this state shall have authority to appoint any number of discreet persons of good moral character to serve as probation officers during the pleasure of the court; said probation officers shall receive no compensation from the county treasury except as herein provided. It shall be the duty of the clerk of the court, if practicable, to notify the said probation officer when any child is to be brought before the court; it shall be the duty of such probation officer to make investigation of such case; to be present in the court to represent the interests of the child when the case is heard; to furnish such court such information and assistance as the court or judge may require, and to take charge of any child before and after the trial as may be directed by the court. The number of probation officers to receive compensation from the county, named and designated by the district court, shall be as follows:

In all counties in this state the district judge may appoint one probation officer, whenever in the opinion of the district judge, the district superintendent of schools, in which such county may be located, or be a part thereof, and a majority of the board of county commissioners of said county shall deem such appointment necessary to care for the dependent and delinquent children of the county; provided, such probation officer can be removed from office at any time by the said district judge. The salary of said probation officers shall be as follows:

In counties having over fifteen thousand population, there shall be one probation officer, and one assistant probation officer receiving a salary. The salary of the probation officer shall be one hundred and fifty dollars per month, and the salary of an assistant shall be seventy-five dollars per month.

The expenses of such probation officers for probation work shall not exceed seven hundred and fifty dollars per year.

In counties having less than fifteen thousand population it shall be within the discretion of the district judge or county commissioners of each of said counties to determine as to the necessity of appointing a probation officer; provided, that in counties having eight thousand population and under fifteen thousand there shall be no more than one probation officer receiving a salary and such salary shall be one hundred and twenty-five dollars per month; provided, further, that in counties of five thousand and under eight thousand there shall be no more than one probation officer receiving a salary, and such salary shall be one hundred dollars per month; and provided further, that in counties of under five thousand there shall be no more than one probation officer receiving a salary, and such salary shall be seventy-five dollars per month.

All probation officers whose expenses are not herein provided shall be allowed such necessary incidental expenses as may be authorized by the judge or judges of the district court of said county; provided, that the said probation officers can be appointed for any portion or part of a year as the said district judge or judges may determine, and can be paid for the time and periods said probation officer serves under such appointment. The salary and expenses of the probation officer shall be paid out of the county funds in the county treasury in monthly installments, in the same manner as other claims against the county.

Any district judge or judges appointing such probation officer to receive a salary or other compensation from the county provided for under this act, shall transmit such appointment to the district superintendent of schools of the district of which the county in which said appointment is made is a part, the state superintendent of public instruction, and the governor of this state, who shall constitute a board to investigate the competency of such person so appointed to act as probation officer, and it shall be the duty of a majority of said board to approve or disapprove of such appointee, within thirty days after submission thereof by the said district court, and a failure to act thereon within such time shall constitute an approval of such appointment. If a majority of such board are of the opinion that such appointee does not possess the qualifications for a probation officer, they shall notify the court of their conclusions within thirty days of such appointment to the respective members thereof, whereupon it shall be the duty of the district judge or judges to withdraw such appointment and appoint some one who shall receive the approval of said board.

Probation officers receiving a salary or other compensation from the county, provided for by this act, are hereby vested with all the power and authority of police or sheriffs to make arrests and perform any other duties ordinarily required by policemen and sheriffs which may be incident to their office or necessary or convenient to the performance of their duties; provided, that other probation officers may be vested with like power and authority upon a written certificate from the district judge or judges that they are persons of discretion and good character, and that it is the desire of the court to vest them with all the power and authority conferred by law upon probation officers receiving compensation from the county.

The appointment of probation officers and the approval thereof as to the qualifications of such officers by the board herein designated, shall be filed in the office of the clerk of the court. Probation officers shall take an oath such as may be required of other county officers to perform their duties and file in the office of the clerk of the district court. As amended, Stats. 1911, 384.

734. Probation committee, powers, duties.

SEC. 7. Probation Committee. The judge or judges of the district court in and for each county or city and county of the state, and in counties where there is more than one judge of the said court shall, by an order entered in the minutes of the court, appoint five discreet citizens of good moral character and of either sex, to be known as "Probation Committee," and shall fill all vacancies occurring in such committee. The clerk of said court shall immediately notify each person appointed upon said committee, and thereupon said person shall appear before the judge of the district court to whom has been assigned all proceedings under this act, and qualify by taking an oath, which shall be entered in said juvenile court record, to faithfully perform the duties of a member of said probation committee.

The members of such probation committee shall hold office for two years, and until their successors are appointed and qualified. When any vacancy occurs in any probation committee by expiration of the term of office of any member thereof, his successor shall be appointed to hold office for the unexpired term.

Members of the probation committee shall serve without compensation, and shall choose from their members a chairman and secretary.

The district court or any judge thereof may at any time require of said probation committee or probation officer to examine into the qualifications and management of any society, association or corporation, other than a state institution, receiving or applying for any child or children under this act, and to report thereon to the court.

It shall be the duty of each probation committee prior to the first day of December in each year, to prepare a report in writing on the qualifications and management of all societies, associations and corporations, except state institutions, applying for or receiving any child under this act from the courts of their respective counties, and in such reports said committee may make such suggestions or comments as to them may seem fit, such report to be filed in the office of the clerk of the court appointing such committee for the information of the county commissioners thereof. The probation committee shall also have the control and management of the internal affairs of any detention home, heretofore or hereafter established by the board of county commissioners of their county, such control and management at all times to be subject to the approval of the district court or judge or judges thereof, and it shall be the duty of the board of county commissioners to provide for the payment of such employees as may be needed in the efficient management of such detention home.

Dependent and Neglected Children. If the court shall find any child under the age of eighteen years to be dependent or neglected within the meaning of this act, the court may allow such child to remain at its home subject to the friendly visitation of a probation officer, or to report to the court or probation officer from its home or school at such times as the court may require. And if parent, parents, guardian or custodian consent thereto, or if the court shall further find that the parent, parents, guardian or custodian of such child are unfit or improper guardians or are unable or unwilling to care for, protect, train, educate, correct or discipline such child and that it is for the interest of such child and other people of this state that such child be taken from the custody of its parents, custodian or guardian, the court may make an order appointing as guardian of the person of such child, some reputable citizen of good moral character, and order such guardian to place such child in some suitable family, home or other suitable place which such guardian may provide for such child, or the court may enter an order committing such child to some suitable state institution, of this or any other state organized for the care of dependent or neglected children, or to some training or

industrial school or childrens' home-finding society of this or any other state, or to some association embracing in its objects the purpose of caring for or obtaining homes for neglected or dependent children, which association shall have been accredited as heretofore provided. As amended, Stats. 1911, 387. 735. Superintendent of institution to be guardian.

SEC. 8. Guardianship. In every case where such child is committed to an institution, or association, the court shall appoint the president, secretary, or superintendent of such institution or association, guardian over the person of such child and shall order such guardian to place such child in such institution or with such association, whereof he is such officer, and to hold such child, care for, train and educate it subject to the rules and laws that may be in force from time to time governing such institution or association. 736. Who are delinquent children.

SEC. 9. Delinquent Children. If the court shall find any child under the age of eighteen years to be delinquent within the meaning of this act, the court may allow such child to remain at its own home subject to the friendly visitation of a probation officer, such child to report to the court or probation officer with such record of its conduct in its home or school as the court may require as often as may be required, and if the parents, parent, guardian or custodian consent thereto or if the court shall further find either that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate, or discipline such child, and shall further find that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate or discipline such child, and shall further find that it is for the interest of such child, and other people of this state that such child be taken from the custody of its parents, parent, custodian or guardian, the court may appoint some proper person or probation officer, guardian over the person of such child and permit it to remain at its home or order such guardian to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable home, in case provision is made by voluntary contribution or otherwise for the payment of the board; or the court may commit such child to any institution incorporated under the laws of this or any other state to care for delinquent children, or to any institution that has been or may be provided by the state, county, city, town or village suitable for the care of delinquent children, including a detention home or school, or to some association that will receive it, embracing in its objects the care of neglected, dependent or delinquent children and which has been duly accredited as hereinbefore provided. In every case where such child is committed to an institution or association, the court shall appoint the president, secretary or superintendent of such institution or association, guardian over the person of such child, and shall order such guardian to place such child in such institution or with such association, whereof he is such officer, and to hold such child, care for, train and educate it subject to the rules and laws that may be in force, from time to time governing such institution or association. As amended, Stats. 1911, 387.

737. May be proceeded against, when and how.

SEC. 10. The court may, in its discretion, in any case of a delinquent child permit such child to be proceeded against in accordance with the laws that may be enforced in the state governing the commission of crimes or violation of city, village or town ordinances; in such case the petition filed under this act shall be dismissed.

Whenever any person over the age of eighteen years and under the age of twenty-one years is accused of felony, and the indictment or information has been filed in the district court of the county wherein the crime was com