of truant 158. The board of education of each school district may Appointment appoint, and may remove at pleasure, one or more persons officers. to be designated as truant officers, and may fix their compensation, prescribe their duties not inconsistent with the provisions of this article, and shall make rules and regulations for the performance of such duties. truant officers. 159. The police authorities in any municipality having Police as an organized police force shall, upon the written request of the board of education of the school district situate in such municipality, detail one or more members of said police force to act as truant officers. Any police officer so detailed shall have all the powers granted to truant officers under the provisions of this article as fully as if appointed as such truant officer by the board of education. arrest. 160. Any such truant officer may, within the school dis- Power of trict for which he shall have been appointed, arrest without warrant any child between seven and fifteen years of age found away from the home of such child during school hours, and who shall then be a truant from a school upon which he shall be lawfully required to attend. 161. Such truant officer shall forthwith deliver a child so Disposition of arrested child. arrested either to the custody of the parents or guardian of such child, or to the teacher of the school from which such child shall be then a truant. In the case of an habitual and incorrigible truant, such officer may bring him or her before a judge of a city or municipal court, a police justice or a justice of the peace, within whose jurisdiction said school district shall be situate, for commitment by such judge or justice as hereinafter provided. reported. 162. Such truant officer shall report promptly every such Arrest to be arrest and the disposition by him made of such arrested child to the board of education of the school district where said child shall be lawfully required to attend school, or to such person as said board may direct. truant officers. 163. Every such truant officer shall examine into cases of Duties of truancy, when requested so to do by the inspectors of factories and workshops, or by the board of education of the school district for which he shall have been appointed, and shall warn such truants, their parents or guardians, in writ ing, of the consequences of truancy if persisted in, and also Notify parents. shall notify the parent, guardian or other person having the Penalty. Proviso. Proviso. Proviso. Proceedings against parent. legal control of any juvenile disorderly person, that the said person is not attending school, and shall require said parent, guardian or other person to cause said child to attend school within five days from said notice. Said parent, guardian or other person having the legal control of said child, shall cause said child to attend school within said named period. If said parent, guardian or other person having the legal control of said child shall refuse, fail or neglect to cause said child to attend school within said named period, said truant officer shall make or cause to be made a complaint against said parent, guardian or other person having the legal control of said child, to a judge of a city or municipal court, a police justice, or a justice of the peace within whose jurisdiction said school district shall be situate. For such refusal or neglect, and upon conviction thereof, said parent, guardian or other person shall be punished by a fine of not less than one dollar nor more than twenty-five dollars, or said judge or justice may, in his discretion, require the person so convicted to give a bond in the penal sum of one hundred dollars, with one or more sureties to be approved by said judge or justice, conditioned that said person so convicted shall cause said child under his or her legal control to attend school within five days thereafter, and to remain at school during the term prescribed by this article; provided, that if it shall be proven to the satisfaction of said judge or justice that said parent, guardian or other person is unable to cause said child to attend school, then said parent, guardian or other person shall be discharged, and said judge or justice shall thereupon sentence said child to a juvenile reformatory or to a truant school until said child shall arrive at the age of fifteen years unless sooner discharged by the board of control of said juvenile reformatory or parental school; provided further, that such sentence may be suspended in the discretion of said judge or justice for such time as said child shall regularly attend school and properly deport himself or herself therein; and provided further, that no child under the age of nine years shall be sent under the provisions of this article, to a juvenile reformatory. 164. Every truant officer appointed under the provisions of this article shall institute or cause to be instituted pro ceedings against any parent, guardian or other person having legal control of any child, or against any person, company or corporation violating any of the provisions of this article. Parental 165. The board of education of any school district may schools may be establish and maintain a school or schools, or may set established. apart separate rooms in public school building for the use, restraint, confinement and instruction of children between the ages of seven and fifteen years who shall be habitual truants from school, or who shall be habitually insubordinate or incorrigibly disorderly during their attendance upon such school. Such school or room shall be known as a parental school. ance. 166. Said board of education may compel any such child Compel attendto attend such parental school and, with the consent in writing of the parent, guardian or other person having legal control of such child may cause such child to be confined and maintained therein for such a period and under such rules and regulations as said board of education may prescribe. 167. If any such child shall not attend such school, then he or she shall be proceeded against as a disorderly person as defined in this article. Penalty if attend. child fail to finding. 168. Said board of education or some person designated Complaint and by it, or a truant officer appointed for said school district may make a complaint against such child as a disorderly person to a judge of a city or municipal court, or police justice, or to a justice of the peace within whose jurisdiction such school district shall be situate, and upon conviction thereof such child may be by said judge or justice sentenced to be confined and maintained in said parental school for a period not exceeding the remainder of the then current school year. 169. Said board of education or the committing magis- Parole. trate shall have authority in its or his discretion to parole at any time a truant so committed as aforesaid. schools, how 170. Any parental school established under the provi- Parental sions of this article shall be maintained as other public maintained. schools shall be maintained in the district in which it shall be situate under such rules and regulations as the board of education of such district may prescribe. When children may be sent to parental schools in adjoining districts. 171. The board of education of a school district in which there shall be no parental school, may send children who shall be residents of such school district and who shall be habitual truants or insubordinate or incorrigible as defined in this article, to a parental school in an adjoining school district, by and with the consent of the board of education of the district in which said parental school shall be situate and upon such terms as said boards may agree upon or the magistrate committing such child may direct. Any expense incurred by a board of education under the provisions of this section may be paid out of any money raised by special district tax for the current expenses of the school. Condemnation proceedings when unable to agree with owner. ARTICLE XVI. CONDEMNATION OF LAND AND REAL ESTATE. 172. Whenever the board of education of a school district situate in a municipality divided into wards shall vote and determine, or whenever any school district situate in a municipality not divided into wards at its annual meeting, or at any special meeting called for that purpose by due and legal notice, by a majority vote of the qualified voters present at such meeting shall vote and determine that the purchase and acquiring of any certain lands and real estate shall be necessary and desirable for the use of the public schools of such school district, and the board of education of any such district shall be unable to agree with the owner or owners of said lands and real estate for the purchase of the same, or for the price or compensation to be paid for such lands and real estate or any part thereof, such board of education may apply to a judge of the supreme court or to a judge of the circuit court in and for the county in which such land and real estate shall be situate, for the appointment of three commissioners to make an appraisement of the value of said lands, and of the damages which the owner or owners may suffer by reason of the taking and condemnaApplication for tion thereof. Such application shall be made upon petition setting forth that said board of education has been unable to commissioners. agree with the owner or owners for the purchase of such lands, or that the price demanded therefor is, in the judgment of said board, more than the market value thereof, and praying that said lands may be condemned, giving in said petition a description of the lands which it is desired shall be condemned for the purpose aforesaid, and thereupon said judge shall appoint as commissioners three suitable Appointment persons who shall be freeholders and residents of the county sioners. within which such application is made, to make appraisement of the value of the lands so to be condemned and of the damages which the owner or owners of such lands may suffer by reason of the taking thereof. of commis missioners. owners. 173. Such commissioners, when appointed, shall take an Duties of comoath to execute faithfully and impartially the duties of their office, and shall forthwith proceed to estimate and determine the fair value of the lands and real estate so to be taken and condemned as aforesaid, and of the damages which the owner or owners thereof will suffer by reason of the taking thereof, first having given at least ten days' notice in writ- Notice to ing to said owner or owners, either personally or by leaving the same at the place of abode of said owner or owners, of the time and place when and where they may be heard in relation to the matter. In case any owner shall be an infant, married woman, non compos mentis or absent from the county where such condemnation proceedings shall be taken, or be from any cause incapacitated to act in this behalf, then notice of the time and place and object of the said hearing shall be advertised, or other notice given as the judge may direct, and said hearing or hearings may be adjourned from time to time at the discretion of said commissioners. As soon as they shall have determined upon said valuation they Determination shall make, sign and acknowledge as though it were a deed sioners of conveyance of real estate, a certificate thereof, and file the same in the office of the clerk of the county in which such lands and real estate shall be situate which certificate shall be, by said clerk, recorded as a deed of conveyance of real estate. Immediately upon the payment to said owner or owners of the amount of said valuation, or in case he or they will not or cannot receive the same, upon deposit of the of commis Payment for demned. land con |