Wayne County, 17th circuit.

Terms, 1st Mondays of January, April and October, and continue as

long as necessary.

Acts 1873, p. 88, and 1905, p. 5.

Wells County, 28th circuit.

Terms, 1st Monday of February, 3d Monday of April, 1st Monday of September, and 3d Monday of November, 6 weeks.

White County, 39th circuit.

Acts 1893, p. 313, and 1905, p. 32.

Terms, 2d Monday of February, 4th Monday of April, 1st Monday of September, and 4th Monday of November, 5 weeks.

Whitley County, 33d circuit.

Acts Spec. Sess. 1877, p. 31, and 1883, p. 32.

Terms, 1st Mondays of February, April, September, and November, 4 weeks.

ARTICLE 4.-SUPERIOR COURTS.

Acts 1889, p.

61.

SEC.

1404. Jurisdiction of superior courts.

1404. Jurisdiction of superior courts.

The superior court of Marion county has jurisdiction of all suits in equity except where it may be otherwise provided by statute. Leibold v. Leibold, 158 Ind. 60.

[Acts 1903, p. 516. In force March 10, 1903.]

1436a. Court created, judge, salary, clerk.—1. That in every county of this State containing a city with a population of one hundred thousand inhabitants, according to the last preceding United States census, there shall be created a special court, to be known as the Juvenile Court, which shall have jurisdiction in all cases relating to children, including juvenile delinquents, truants, children petitioned for by Boards of Chil

drens' Guardians, and all other cases where the custody or legal punishment of children is in question, but said court shall not have probate jurisdiction. The judge of said court shall be known as the judge of the juvenile court and shall be elected by the qualified voters of said county at the time of the general election of state officers, shall hold his office for a term of four years, or until his successor is elected, shall be removed from office in the same manner as the judge of the circuit court is removed, shall receive a salary of $2,500 per year, payable by the county wherein situated, and to be eligible for the office shall be a citizen of and a legal voter of the state and a parent, and not less than forty years of age. Pending the next general election after the taking effect of this act, the governor of the state shall appoint a suitable person to be judge of the juvenile court, who shall serve till his successor shall be elected. The clerk of the circuit court shall be the clerk of the Juvenile Court and shall keep a record of the proceedings in a book to be known as the juvenile record. Corresponding appropriations for the support of the juvenile court as are made for the circuit court shall be made by the county council. A room shall be set apart in the court house for the use of said juvenile court and shall be known as the juvenile court room: Provided, That in those counties that do not contain a city with 100,000 inhabitants, the judge of the circuit court shall be the judge of the juvenile court: Provided, That no child need be tried in the juvenile court on a charge of truancy except he be a resident of a city containing one hundred thousand (100,000) inhabitants. 1436b. Probation officers, salary.-2. In every county of this state having a population of fifty thousand (50,000) or above, according to the last preceding United States census, there shall be appointed by the judge of the circuit court having jurisdiction, one discreet person of good moral character, who shall be known as probation officer, and shall serve during the pleasure of the court and shall receive for his or her services the sum of three dollars ($3.00) per day for each day or part of a day he may be actually on duty. Said sum to cover salary and necessary official expenses, and to be paid by the county treasurer out of any funds appropriated for the use of the judge of the circuit court, upon itemized vouchers sworn to by said officer and certified to by the judge of the circuit court: Provided, That said judge of the circuit court, if in his opinion the circumstances require, may appoint a second person to serve as probation officer, who shall receive the same compensation. as is above indicated: And provided, That said judge of the circuit court may appoint as probation officers such other discreet persons of good moral character as are willing to serve without compensation from the court: And provided, That in counties having a population of less than fifty thousand (50,000) the circuit judge having jurisdiction may appoint one discreet person of good moral character as probation officer, who shall be compensated as above indicated, and may appoint such other discreet persons of good moral character as probation officers who are willing to serve without compensation from the court: Provided, That in counties where a special juvenile court is established under

section 1 of this act, the probation officer or officers shall be appointed by the judge of the juvenile court and serve at his pleasure and be paid on his order. It shall be the duty of the clerk of the circuit court immediately on the appointment of a probation officer to notify all courts and magistrates of any county in which said officer is appointed, giving them the name and postoffice address of such officer. The duties of said probation officer or officers shall be such as are hereinafter described.

1436c. Complaint, investigation, commitment.-3. Whenever a complaint is made or pending against a boy before he has completed his sixteenth year or a girl before she has completed her seventeenth year for the commission of any offense not punishable by law with imprisonment for life, or for which the penalty is death, before any court or magistrate, it shall be the duty of such court or magistrate at once and before any other proceedings are had in the cause to give notice in writing of the pendency of said cause to the probation officer of his county and forthwith to transmit all papers in said cause to the juvenile court with his certificate that jurisdiction in said cause is in said juvenile court. Said probation officer shall immediately, or as soon thereafter as possible proceed to inquire into and make a full examination and investigation of the facts and circumstances surrounding the commission of the alleged offense, the parentage and surroundings of said child, its exact age, habits and school record and everything that will throw light on its life and character, and may also inquire into the home conditions, habits and character of its parents or guardians, and shall make a full report thereon in writing to the juvenile court before said cause is tried. If upon consultation with the probation officer and examination of such report it shall appear to the judge of said court that the child is not guilty of the offense charged against it, or that the interest of the child will be best subserved thereby, the court shall order that such child be not brought into court and said cause shall be dismissed. Complaints in writing duly sworn to may also be filed in the juvenile court as in other courts against any boy or girl as above provided, and when so filed in said court the probation officer shall make examination and investigation and make written report thereon exactly as in cases certified to said court from any other court or magistrate, and in such cases it shall be the duty of the juvenile court to proceed as in other cases. If upon the trial of any child it shall appear to the judge of the juvenile court that such child is guilty of the offense charged he may withhold judgment for a definite or indefinite period if it appear that the public interest and the interest of the child will be best subserved thereby, and may order that such child be returned to his or her parents, guardians or friends; or he may commit such child to the care of a volunteer probation officer who shall exercise supervision over it until such time as it is discharged by the court from further supervision upon the recommendation of such volunteer probation officer; or the court may order such child to be placed in the family of some suitable person where such family home shall be recommended by the probation officer of the court, there to remain until

he or she shall have attained the age of twenty-one years or for any less time; or the court may order such child to be placed in the home where the county's dependent children are kept; or if it appears to be for the best interest of such child and such child appears to be in need of institutional training the court may order him or her to be committed to some institution managed by a corporation or by an individual, and devoted to the care of such children, for a definite or indefinite period, said institution to be situated in the State of Indiana and to be inspected at least once a year and approved by the board of state charities, and to receive for its services a per diem of twenty-five cents for each day .such child may be in its custody, said per diem to be paid by the county sending the child upon itemized vouchers duly certified to by the court; or the court may impose a fine with costs, or the court may for good cause shown suspend judgment in any case for a definite or indefinite. period; or if the offense be malicious trespass the court may require the damage to be made good, or if the offense be petit larceny and the stolen property be not restored the court may require it to be paid for by the defendant himself if it be shown that he is capable of earning the money or has money of his own, and in all the foregoing cases the court may decree the child to be the ward of the court so far as its person is concerned, and in all cases where any child has been decreed to be a ward of the court the authority of the court over its person shall continue until the court shall otherwise decree, and the court may adopt all needful rules and regulations that may be needed in order to carry out the provisions of this act. In every case in which the court shall commit any child to the care and custody of any institution as above provided other than a state institution and such child shall have a parent or guardian within the county, the court may take and enter an order requiring such parent or guardian to appear before said court upon a day and hour to be named therein and show cause, if any he or she have, why he or she should not pay for the support of such child, in whole or in part, while it is an inmate of such institution. A certified copy of said order shall be served upon such parent or guardian by the sheriff of the county not less than ten days prior to the day fixed therein for such appearance. Upon due service and return of said order the court shall, upon the day fixed, or upon such subsequent day as may be fixed by the court, hear evidence as to the financial ability of such parent or guardian and in case the court shall find that such parent or guardian should pay for, or contribute to, the maintenance of such child, the court shall render judgment against such parent or guardian that such parent or guardian shall pay to the clerk of the juvenile court such sums as the court shall adjudge and at such times and in such amounts as shall be by the court found just. And such judgment shall be enforced as other judgments are enforced, and all money collected on such judgments shall be held by the clerk of the juvenile court and shall be remitted by him quarterly to the institution keeping such child or children, and the amount so remitted shall be deducted from the quarterly bill of such institution: Provided, That the clerk of such juvenile

court shall make a verified report to the court at the close of each quarter of the amount of money so collected on such judgments which report the judge shall cause to be filed with the county commissioners. with the bill rendered by the institution keeping such child. If any child is found guilty of the offense charged against it, or appears to be wilfully wayward and unmanageable, the court may commit him or her to the Indiana boys' school, the industrial school for girls, or to any other state, penal or reformatory institution authorized by law to receive such boy or girl, subject to such conditions as are already provided by law. for the reception of such children in said schools and institutions. And in all cases when a child shall be committed to a state or other institution as above provided the report of the probation officer shall be attached to the commitment and the child shall be placed in charge of the probation officer, or some person designated by the court to be conveyed under his direction to the designated institution: Provided, That a woman shall always be sent with the girls so committed, and the person taking such child to the designated institution shall be allowed and paid his or her actual expenses and no more where he or she is an officer of such juvenile court appointed by the court, and in all other cases the person taking such child to any institution shall be allowed and paid for his or her services the same fees and expenses as are paid to sheriffs in like cases: And provided, That the court may, when the health or condition of the child requires 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 purposes without charge or for the per diem of twenty-five cents a day: Provided, That when any child contemplated by this act shall be sentenced to confinement in any institution to which adult convicts are sentenced, it shall be unlawful to confine such child in the same building, yard or enclosure with such adult convicts, or to bring such child into any yard or building in which adult convicts may be present: And provided, That in every trial of any such child he shall be entitled to a trial by a jury of twelve persons if he shall so elect: And provided, That if any such boy or girl against whom a complaint is made is unable to give bond and the court does not release him or her on his or her own recognizance, then said boy or girl shall be entitled to an immediate hearing and trial in the juvenile court according to law: And, provided, That in case the judge of any special juvenile court established under the provisions of section one (1) of this act shall be unable to preside therein by reason of serious illness of himself or family or for any cause disqualifying judges of the circuit and superior courts, he may appoint a judge pro tempore for said court who shall hold said court during such inability, such judge pro tempore to be paid in the same manner and amount as are judges pro tempore appointed by the judges of the circuit courts of this state. [As amended, Acts 1905, p. 51.]

Section 1436k defines delinquent child.