imprisonment for life, before any court or magistrate having competent jurisdiction thereof, it shall be the duty of such court or magistrate, before proceeding to hear or determine the case, to give notice in writing of the pendency thereof to said agent, who shall have opportunity allowed him to investigate the charge or charges; and upon receiving such notice, the agent shall immediately proceed to inquire into and make a full examination of the parentage and surroundings of the child, and of all the facts and circumstances of the case, and report the same to the court or magistrate, who shall advise and counsel with the said agent; and if upon such consultation, after full investigation and proof of the offence charged, it shall appear to the court that the public interest and the interest of such child will be best subserved thereby, he may make an order for the return of such child to his or her parents, guardian, or friends; or he may authorize said agent, under the advice and approval of the judge of probate of the county, to take such child and bind him or her out to some suitable person until he or she shall have attained the age of twenty-one years, or for any less time; or if the child appear to be wilfully wayward and unmanageable the court may cause him to be sent to the reform school, or to a house of correction authorized by law to receive such boy or girl, subject to such conditions of sex and age as are now provided by law for the reception of children in said school.

§ 3. Said agent shall as often as once in each year visit all children, resident in the county for which he is appointed, who shall have been indentured or placed in charge of any person therein by any state board or officer of the state, and shall inquire into the management, condition, and treatment of such children, and for that purpose may have private interviews with such children at any time; and if it shall come to the knowledge of such agent that any child thus placed in charge of any person as aforesaid, is neglected, abused, or improperly treated by the person having such child in charge, or that the person holding the child is unfit to have the care thereof, he shall report the fact to the board of officers of the institution by which such child was indentured, and such board or officers shall cancel the contract and cause the child to be returned to the institution from whence he or she was taken, or indentured to some other person, or to be discharged, in the discretion of the board of officers. In all contracts or indentures for binding out children from any state institution, the officers making the same shall expressly reserve the right to cancel the contract whenever in their judgment the interests of the child are not properly cared for.

§ 4. No child shall be indentured, adopted, or taken during minority, by any person not of kin thereto, from a state institution until notice of an application therefor has been given to the agent aforesaid residing in the county from which such application is made, and until his report in writing, made after an investigation into the propriety thereof, has been made and filed with the officers of such institution. And all applications for the release or discharge of any children so indentured or placed in charge of persons in such county, shall be given to said agent for his report in like manner.

§ 5. It shall be the duty of said agents in their respective counties, to seek out suitable persons who are willing to adopt, take charge of, educate, and maintain children arrested for offenses, committed to any state institution, or abandoned and neglected children in charge of any state institution or officers, and to give notice thereof to the boards of officers having authority to dispose of such children. And said agents shall from time to time make report of their doings under this section to the board of which they are the agents.

§ 6. It shall be the duty of the Superintendent of the Reform School, and the principal officer of any state institution for the care or reformation of juvenile offenders now or hereafter to be established, upon the discharge of any boy or girl received therein, forthwith to notify the agent of the Board of State Commissioners for the general supervision of charitable, penal, pauper, and reformatory institutions residing in the county from which such child was sent, of such discharge; and if the boy or girl so discharged shall return to such county, the agent shall, as far as possible, assist him or her in procuring suitable employment and a good home free from immoral and evil influences. Said agent shall also keep a brief history of each child within his county, discharged as aforesaid, in a manner and form to be prescribed by the board of which he is agent, and report the same from time to time to said board as it may require, to the end that the effect of the treatment and

discipline of the several institutions of the State for the care and reformation of juvenile delinquents upon their discharge therefrom may be better known and understood.

§ 7. This act shall not apply to any county of the state in which no agent shall be appointed by the Governor under and by virtue of the provisions hereof. § 8. This act shall take immediate effect.

State Agency for Juvenile Offenders.

Chapter 168, June 10, 1885: revising 1873 ch. 171.

AN ACT to amend sections one, two, three, four, five and six of "An act establishing a state agency for the care of juvenile offenders," approved April twenty-ninth, eighteen hundred seventy-three, as amended by an act to amend section one of said act, approved March nineteenth, eighteen hundred seventy-five, the same being sections nine thousand eight hundred ninety-four, nine thousand eight hundred ninety-five, nine thousand eight hundred ninety-six, nine thousand eight hundred ninety-seven, nine thousand eight hundred ninety-eight, and nine thousand eight hundred ninety-nine of Howell's Annotated Statutes. Section 1. The people of the State of Michigan enact, That sections one, two, three, four, five and six of an act entitled "An act establishing a state agency for the care of juvenile offenders," approved April twenty-ninth, eighteen hundred seventy-three, as amended by an act number thirty-seven of the laws of eighteen hundred seventyfive, approved March nineteenth, eighteen hundred seventy-five, being chapter number forty-six, sections nine thousand eight hundred ninety-four, nine thousand eight hundred ninety-five, nine thousand eight hundred ninety-six, nine thousand eight hundred ninety-seven, nine thousand eight hundred ninety-eight, and ninė thousand eight hundred ninety-nine, Howell's Annotated Statutes, be and the same are hereby amended so as to read as follows:

§ 1. The Governor may appoint, in each county of this state, an agent of the State Board of Corrections and Charities for the care of juvenile offenders and dependent children, who shall hold his office during the pleasure of the Governor, and who shall be known as the county agent for the county for which he is appointed. Before entering upon the duties of his office, and within thirty days after receiving notice of his appointment, the said agent shall take and file with the county clerk of the county for which he was appointed, the oath of office prescribed by the constitution of this State; and upon such qualification, it shall be the duty of the county clerk to immediately transmit notice thereof to the circuit judge, each justice of the peace, and all other magistrates of the county having competent jurisdiction for the trial of juvenile offenders, and also to the superintendent of state institutions which place children in families by contract, indenture, or adoption. Said agent shall receive as compensation for his services under this act, his necessary official expenses, together with the sum of three dollars in full, for his services in each case investigated, or visited, and reported on as hereinafter provided, but not exceeding three dollars for any one day's services, which shall be audited by the Board of State Auditors, and paid from the general fund; and when such services and expenses relate to the indenture, adoption, or visiting of the children placed in families by any state institution, the accounts therefor shall be certified by the superintendent of the institution to which the children belong: Provided, That the sum so allowed for the services of said agent in any county except the counties of Wayne and Kent, shall not, in any one year, exceed the sum of one hundred dollars, and that in the counties of Wayne and Kent the sum so allowed for such services shall not, in any one year, exceed the sum of two hundred dollars.

§ 2. Whenever a complaint is made or pending against any boy under the age of sixteen years, or girl under the age of seventeen years, for the commission of any offense not punishable by law with imprisonment for life, before any court or magistrate having competent jurisdiction thereof, it shall be the duty of such court or magistrate, at once and before any further proceedings are had in the case, to give notice in writing of the pendency, to said agent, if there shall be one in said county, who shall have opportunity allowed him to investigate the charge or charges; and upon receiving such notice the agent shall immediately proceed to inquire into and make a full examination of the parentage and surroundings of the child, and of all the facts and circumstances of the case, and report the same to the court or magistrate, who shall advise and counsel with the said agent; and if upon such consulta

tion, after a full investigation and proof of the offense charged, it shall appear to the court that the public interest, and the interest of such child will be best subserved thereby, he may make an order for the return of such child to his or her parents, guardian or friends; or he may authorize said agent, under the advice and approval of the judge of probate of the county, to take such child and bind him or her out to some suitable person, until he or she shall have attained the age of twenty-one years, or for any less time, or impose a fine, or to suspend sentence for a definite or indefinite period; or if the child is found guilty of the offense charged, and appears to be wilfully wayward and unmanageable, the court may cause him or her to be sent to the Reform School, Industrial Home for Girls, or to any state penal or reformatory institution authorized by law to receive such boy or girl, subject to such conditions of sex and age as are now provided by law for the reception of children in said school or institution, and in such cases the report of the agent shall be attached to the mittimus, and the child may be placed in charged of the agent to be conveyed, under his direction, to the institution, and for such services the same fees shall be allowed as are paid to sheriffs in like cases.

§ 3. Said agent shall visit all children resident in the county for which he is appointed which shall have been indentured to any person therein by any state institution, whenever he shall be so requested to do by the superintendent of the institution which placed such children in said county, and shall inquire into the management, condition and treatment of such children, and for that purpose may have private interviews with such children at any time; and if it shall come to the knowledge of such agent when making such visits, or at any other time, that any child thus placed in charge of any person as aforesaid, is neglected, abused, or improperly treated by the person having such child in charge, or that such person is unfit to have the care thereof, he shall report the facts to the superintendent of the state institution by which the child was so indentured, and the board of such institution, or the superintendent thereof who may be so authorized to do by said board on being satisfied that the interest of the child requires it, shall cancel the indenture by which the child' was placed in the family, and shall remove it to some other family home or directly to the state institution from which it was indentured. All indentures by which any child shall be placed in a home from any state institution shall reserve the right in the board making the indenture to cancel the same whenever, in the opinion of that board, the interests of the child require it. Whenever any indenture is cancelled as herein provided, or whenever any child indentured from any State institution has been adopted, notice thereof shall be given to said agent of the county where the child was indentured by the superintendent of the state institution from which the child was indentured or adopted.

§ 4. No child shall be indentured, adopted, or otherwise placed in charge of any person by any state institution during minority, or for any other period, unless the applicant for any child shall be first approved in writing by said agent for the county where the applicant resides, or by the state agent of the state institution to which the child belongs, in such form as may be prescribed by the board of such state institution. Such approval shall be filed with the superintendent of the state institution to which the application is made before the child shall be indentured or adopted.

§ 5. It shall be the duty of said agents, in their respective counties, to seek out suitable persons who are willing to take by indenture or adoption, and take charge of, educate and maintain children arrested for offenses, committed to any state institution, or abandoned, neglected, or dependent children in charge of any state institution, or its officers, and to give notice where such children may be so placed, to the board, officers, or superintendent having authority to dispose of such children by indenture or adoption. And said agents shall make regular or special reports of their doings under this act, to the superintendent of any state institution when so requested by him, in reference to applications for, or visiting any child belonging to the state institution of which he has charge. Said agents shall also report as aforesaid their doings under this act to the State Board of Corrections and Charities whenever so requested by said board.

§ 6. It shall be the duty of the superintendent of the Reform School, and the principal officers of any state institution for the care or reformation of juvenile offenders now or hereafter to be established, upon the discharge of any boy or girl received therein, forthwith to notify the agent of the Board of Correction and Charities, residing in the county from which such child was sent, of such discharge; or if the

boy or girl so discharged shall return to such county the agent shall, as far as possible, assist him or her in procuring suitable employment and a good home, free from immoral and evil influences. Said agent shall also keep a brief history of each child within his county discharged as aforesaid, in a manner and form to be prescribed by the board of which he is agent, and report the same from time to time to said board as it may require, to the end that the effect of the treatment and discipline of the several institutions of the state for the caare and reformation of juvenile delinquents, upon their discharge therefrom, may be better known and understood.

Powers of County Agent.

Chapter 177, June 10, 1887: amdg. 1885 ch. 168.

AN ACT to amend section two of act number one hundred and sixty-eight, session laws of eighteen hundred and eighty-five, entitled "An act to amend sections one, two, three, four, five and six of 'An act establishing a state agency for the care of juvenile offenders,' " approved April twenty-ninth, eighteen hundred and seventy-three, as amended by an act to amend section one of said act, approved March nineteenth, eighteen hundred and seventy-five, the same being sections nine thousand eight hundred and ninety-four, nine thousand eight hundred and ninety-five, nine thousand eight hundred and ninety-six, nine thousand eight hundred and ninety-seven, nine thousand eight hundred and ninety-eight [and] nine thousand eight hundred and ninety-nine of Howell's Annotated Statutes. Section 1. The people of the State of Michigan enact, That section two of act number one hundred and sixty-eight, session laws of eighteen hundred and eighty-five, entitled "An act to amend sections one, two, three, four, five and six of 'An act establishing a state agency for the care of juvenile offenders,' approved April twenty-nine, eighteen hundred and seventy-three, as amended by an act to amend section one of said act, approved March nineteenth, eighteen hundred seventy-five, the same being section nine thousand eight hundred ninety-four, nine thousand eight hundred ninety-five, nine thousand eight hundred ninety-six, nine thousand eight hundred ninety-seven, nine thousand eight hundred ninety-eight and nine thousand eight hundred ninety-nine of Howell's Annotated Statutes, be and the same hereby is amended so as to read as follows:

§ 2. Whenever a complaint is made or pending against any boy under the age of sixteen years or girl under the age of seventeen years for the commission of any offense not punishable by law with imprisonment for life before any court or magistrate having competent jurisdiction thereof, it shall be the duty of such court or magistrate at once, and before any further proceedings are had in the case, to give notice in writing of the pendency to said agent, if there shall be one in said county, who shall have opportunity allowed him to investigate the charge or charges, and upon receiving such notice the agent shall immediately proceed to inquire into and make a full examination of the parentage and surroundings of the child, and of all the facts and circumstances of the case, and report the same to the court or magistrate, who shall advise and counsel with the said agent; and if upon such consultation, after full investigation and proof of the offense charged, it shall appear to the court that the public interest, and the interest of such child will be best subserved thereby, he may make an order for the return of such child to his or her parents, guardian or friends; or he may authorize said agent, under the advice and approval of the judge of probate of the county, to take such child and bind him or her out to some suitable person until he or she shall have attained the age of twenty-one years, or for any less time, or impose a fine, or to suspend sentence for a definite or indefinite period; or if the child is found guilty of the offense charged, and appears to be wilfully wayward and unmanageable, the court may cause him or her to be sent to the Reform School, Industrial Home for Girls, or to any state penal or reformatory institution authorized by law to receive such boy or girl, subject to such conditions of sex and age as are provided by law for the reception of children in said school or institution; and in such cases the report of the agent shall be attached to the mittimus, and the child shall be placed in charge of the agent, or some person designated by him, to be conveyed under his direction to the institution, for which service the same fees shall be allowed as are paid to sheriffs in like cases.

This act is ordered to take immediate effect.

Adult Probation County Agent to be Probation Officer.

Chapter 91, May 7, 1903.

AN ACT to authorize the several courts of the state having jurisdiction in criminal cases, to hold or place persons, convicted of a crime or misdemeanor, on probation, under the care of probation officers provided in this act.

Section 1. Provided the defendant has never before been convicted in this state or elsewhere, of a crime or misdemeanor, after a plea or verdict of guilty in any case where the commission of a crime or misdemeanor is charged and where a discretion is conferred upon the court as to the extent of the punishment, the several circuit courts of this State and all other courts having like jurisdiction in criminal cases where it may appear to the satisfaction of the court, that the circumstances are such that the defendant is not likely to again engage in a criminal course of conduct, and that the public good will be as well subserved as to pass and enforce sentence, shall have power to place the defendant on probation under the charge and supervision of a probation officer in the following manner:

First. Before passing sentence, the court before whom he stands convicted may place the defendant in the custody and under the supervision of the probation officer and under such terms and conditions as it may determine.

Second. At any time during the probationary term of a person convicted and released on probation as aforesaid, the court before which the person was SO convicted, when presided over by its judge at the time of the conviction, or his successor in office, may, in its discretion, revoke and terminate such probation. Upon such revocation and termination, the court may immediately pronounce judgment, imposing fine or imprisonment or both any time thereafter within the longest period for which the defendant might have been sentenced.

§ 2. The county agent of the State Board of Corrections and Charities, in the respective counties, shall be ex-officio the probation officer for the county: Provided, That wherever and whenever, in the opinion of the court, the county agent is disqualified and cannot discharge the duties of a probation officer in any case, the court shall have power to designate a probation officer in his stead.

§ 3. Every probation officer shall, when so directed by the court, inquire into the nature of any criminal case brought before the court under whose jurisdiction he acts, and may recommend that the defendant be placed upon provation. Each person released upon probation shall be furnished by the probation officer with a written statement of the terms and conditions of his release, and each probation officer shall keep full record of the cases investigated by him, and of all cases placed in his care by the court, and of any other duties performed by him under this act, the necessary record books and blanks for which shall be furnished and paid for by the respective counties. All persons serving as probation officers shall make a report annually through the clerk of the county in which they serve to the State Board of Corrections and Charities, showing in detail the working of the probation system in the respective counties for the fiscal year ending June thirtieth, all necessary blanks for which report shall be prescribed by said board and supplied by the secretary of state to the order of the respective county clerks. This information shall be compiled by said board and by it reported in writing to the governor, biennially, accompanied by such recommendations as the board in its discretion may see fit to make, and shall be included in its regular published report.

§ 4. Probation officers shall have, as to persons committed to their care, the powers of a sheriff, and shall be allowed the same fees as sheriffs are allowed for traveling, and the sum of two dollars a day for making investigations and report. The bills therefor upon approval by the court ordering such services, shall be paid by the county for which said services are rendered, in the same manner as are juror and witness fees.

§ 5. The court of one county may apply to the probation officer of another county for an investigation and report in any case before it where the accused has resided in such other county, and it shall be the duty of such officer to make investigation and report to the court so directing it, and the fees and per diem charge shall be paid by the county in which the accused is held for trial, upon approval by the court in the manner provided for in section four of this act.

§ 6. The benefits of this act shall not extend to any person now engaged in serving sentence in any penal, reformatory or industrial institution in this state. and shall not apply in any case after commitment.