Chap. 348.—An ACT to amend and re-enact an act entitled an act to amend and
re-enact an act entitled an act to provide places of abode and for the safe
custody and proper guardianship of children who are vicious, or depraved, or
without proper places of abode, or proper guardianship or control, or who
shall be ill-treated, neglected, or deserted by parents, guardian or other custo-
dian, or who shall be exposed to immoral or vicious influences and training,
approved April 2, 1902, which was approved February 28, 1906.

Approved March 14, 1908.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to amend and re-enact an act entitled an act to provide
places of abode and for the safe custody and proper guardianship of
children who are vicious, or depraved, or without proper places of abode,
or proper guardianship or control, or who shall be ill-treated, neglected,
or deserted by parents, guardian or other ‘custodian, or who shall be
exposed to immoral or vicious influences and training, approved Apri!
second, nineteen hundred and two, which was amended by an act ap-
proved February twenty-eighth, nineteen hundred and six, be amended
and re-enacted so as to read as follows:

That if a minor, under the age of fourteen vears, is destitute or with-
out any proper place of abode or proper guardianship, or is deserted,
neglected or ill-treated by its parent, guardian‘or other custodian, or is
exposed to immoral or vicious influences and training, or if the parent
or guardian or other custodian is, by reason of poverty, a charge, or
likely to become a charge, upon the county, town or city, or is unable to
support or properly care for such minor, and it shall clearly appear that
such minor ig vicious and depraved, or is destitute, or is neglected, de-
serted, or ill-treated by his or her parent, guardian or, other custodian,
or is exposed to immoral, or vicious influences and training by the
neglect, bad habits, or vicious conduct of his, or her parent, guardian
or other custodian, or that the parent, guardian or other custodian of such
minor, is unable or unwilling to exercise proper control over such minor,
or that by reason of poverty, is a charge upon the county, town or city,
and unable to support and properly care for such minor, or in any case
where it appears that any minor is likely to become a burden or charge
upon the public, and that the welfare of such minor in all such cases,
as well as the peace and good order of society requires such commit-
ment, any court of record in this State or the judge thereof in vacation,
or any police justice may, on the application of any reputable citizen
of the city or town or county wherein such minor may reside, or be
found, or, on application of any society or association chartered under
the laws of this State for benevolent or charitable purposes, or for the
care, custodian and maintenance of and prevention of cruelty to, children,
commit such minor to the care and custody of any society or association
incorporated under the laws of this State for charitable or benevolent
purposes, or for the care, custody and maintenance of, and the pre-
vention of cruelty to children, to be kept until such minor, in the case
of females, shall arrive at the age of eighteen years, and, in the case
of males, shall arrive at the age of twenty-one years, unless sooner
discharged. by such society or association, or by due process of law;
and such court or the judge thereof in vacation, or such police justice,
may require such minor to be brought before it upon a summons to
the person having custody of the minor or upon a warrant for the arrest.
of the minor, or may commit without process, summons or warrant, if
such minor can be brought before the said court or judge thereof in
vacation, or police justice, or is present without it, or is of such tender
age, or the circumstances are such that otherwise summons or warrant
should be dispensed with: provided, that it shall be lawful for the
parent, guardian or other custodian, of the minor so committed, upon
reasonable notice to such society or association, to petition the circuit or
corporation court or the judge thereof in vacation, for the discharge of
such minor, and a hearing upon said petition, answer, and evidence
adduced, said court or judge thereof in vacation, may order said society
or association to discharge said minor at any time when, in the judg-
ment of said court, such discharge shall be to the best interest of such
minor.

2. That the said court and the judge thereof in vacation and the said
police justice, and all officers performing any act or executing any
process under this act, are vested with all the incidental powers neces-
sary to the effectual execution of the powers herein enumerated ; that any
minor held in any custody, under a commitment or otherwise, for care
and guardianship under the provisions of this act shall be held to be in
private custody within.the meaning of this act. Proceedings in such
cases shall not be classed as criminal, and the laws limiting and de-
fining the jurisdiction or procedure in criminal cases shall have no
application to the cases herein mentioned.

3. That all summons, warrants and commitments under this act shall,
as the case may be, either be upon the order of such court, or the judge
thereof in vacation, and shall issue from the clerk’s office of such court,
under the hand of the clerk thereof, or shall be upon the order of and
issued under the hands of the police justice, and shall be returnable at
such time as may be specified therein and shall be executed by any
officer authorized to execute process under the laws of this State, and
shall be in substance of the form following:

SUMMONS:

State of Virginia (city or county) to-wit:
To the sheriff, sergeant, or any constable of said city or county:

On complaint and information of ............ , you are commanded
to summon ........6. , to appear before the (name court) ........ .
of the.......6. (citv or county. ........ in said......... Abia saa casss
M., on the ...... day of ........ , 19..., to answer said complaint,

to-wit: that 2... .........0.000. is a minor under the age of fourteen
years, to-wit: ............ years, | and that (insert grounds on which

complaint is based) .............. ; have you there the said (name
of minor) ........... and also this writ,

Given under my hand and seal this .......... day Of wa cucee sews 4
19....

CC

(Clerk or police justice.)
WARRANT. ,

’ State of Virginia (city or county) to-wit:
To the sheriff, sergeant, or any constable of the said city or county:

Whereas, complaint has been made before the .............. court
GE sersmiemimnieixe , city or county, or before the judge of ..........
court of sisnssiamswnewa s city or county, or before the police justice
00) , city or county, that ................0005 » is

a minor (insert the grounds upon which the application for the warrant
is based), you are, therefore, commanded forthwith to apprehend said
ial shi ems wwe and bring (him or her) before the said court or before

the judge of the said court, or before said police justice, at ..........

hour (A. M. or P. M.) on the .......0.. day of ............ ,19....,

to be dealt with according to law, and have you thewe this warrant.
Given under my hand this............ day of............. TG sae

ee

(Clerk or police justice.)
COMMITMENT.

State of Virginia (city or county), to-wit:
Whereas, on * complaint and due proof, it has been adjudged by the

pWAS WEG ER Ia wee court of the said city or county of...............
or the judge of the .................. court: of city or county of
SOE mea Sem PEM Eee ews , or the police justice of ............... city
or county, that .............. is (insert the reasons for the commit-

ment), and the welfare of such minor, as well as the peace and good
order of society, requires (his or her) commitment to some institution
for care and guardianship, and that (he or she) stand committed to
eT teeeeeeeey you are, therefore, empowered and directed to receive
Bald “kaiecawiwsemsawiewe , to be kept and retained in your care and
custody until discharged by due course of law.

Given under my hand this............ day of............ 19.....

(Clerk or police justice.)

4. All bodies incorporated, or to be incorporated, under the general
laws for purpose of the care, custody, guardianship, and protection of
minors generally, and all charitable and benevolent societies or associa-
tions to whom such minors may be committed under this act, shall have
the power and authority following:

First. To retain children legally committed or confined to them until
the age of eighteen in females and twenty-one in males, except as here-
inbefore provided.
Second. To place out such children in suitable homes upon such terms
as the managers, directors or trustees deem beneficial to the children,
or to place them out as apprentices to any trade or occupation which the
managers, directors or trustees may deem proper for their betterment,
subject to the control and supervision of such managers, directors and
trustees, the custody of such minors not to be absolutely relinquished in
any case, except as hereinbefore provided, and a record to be kept of the
time of placing out, the name and residence of persons with whom
placed, and the terms and conditions of placing out; and it shall be the
duty of the said managers, directors or trustees to cause every child so
placed out to be visited not less than once in every three months, in
order to inquire into its welfare, and such managers, directors and
trustees may require of the person with whom such minor may be
placed out a suitable bond, with satisfactory security, for the faithful
performance of the conditions and agreements upon which said minor
may be placed out.

Third. To exercise parental authority and control over such. children,
and to make all needful provisons as to care, maintenance, and educa-
tion of the same.

Fourth. To procure and commit such children in cases of necessity
to reformatory instftutions. ‘The foregoing provisions are not to be
understood to affect the powers of the courts to adjudicate all questions
as to the custody of minors, irrespective of any alleged or supposed
claim or right of guardianship or custody, or to abridge or affect any
corporate rights of any institution, or to prevent the receiving of minors,
under such limitations, or for such definite periods as any institution
may, by their regulations, direct or prescribe.

5. Every agent, officer or representative of any institution, society
or association, or body corporate, under the laws of this State, for the
care, custody or protection of children or minors having in possession,
custody or personal charge any minor or person under the age of twenty-
one years for any purpose connected with the object of such institution,
society, association or body shall be entitled to all privileges and au-
thorities of a conservator of the peace; and any person, whether under
claim or color of authority over the person of such minor, as parent,
guardian or otherwise, or under any other claim, or pretense of claim,
who shall in any manner interfere with or obstruct such agent, officer
or representative in relation to the possession, custody or personal charge
of such minor shall be guilty of a misdemeanor, and shall be punished
by a fine not exceeding fifty dollars and by confinement in jail not
exceeding three months; and it shall be the duty of all officers of police,
policemen, constables, officers and officials of every description having
authority to make arrests to enforce this section in every particular.

6 Any person who shall wilfully obstruct any officer in the dis-
charge of his duty, or who shall remove or conceal or cause any child to
be removed or concealed in order that it may not be brought before the
court, the judge thereof in vacation, or the police justice, or who shall
fail to obey any summons, warrant or other process authorized by this
act, shall be deemed guilty of contempt and may be punished by such
judge or justice of court by a fine of not less than two nor more than
twenty dollars, or imprisonment in jail not exceeding three months,
either or both.

7. This act shall be in force on and after ninety days after
the adjournment of this session of the general assembly.