CHAPTER 383

vy ACT to provide a State-wide system of juvenile and domestic
relations courts with probation officers and juvenile detention
factlities, to define their powers and duties and to repeal
§§ 116-130-172, inclusive; §§ 63-257 through 63-288 inclusive ;
§§ 63-294 through 63-307 inclusive of the Code of 1950.
[H 520]
Approved April 5, 1950

Be it enacted by the General Assembly of Virginia:
ParT I. GENERAL PROVISIONS

§ 1. Purpose and Intent.—This law shall be construed liberally
d as remedial in character; and the powers hereby conferred are
intended to be general to effect the beneficial purposes herein set
forth. It is the intention of this law that in all proceedings con-
cerning the disposition, custody or control of children coming
within the provisions hereof, the court shall proceed upon the
theory that the welfare of the child is the paramount concern of
the State and to the end this humane purpose may be attained,
the judge shall possess all necessary and incidental powers and
authority, whether legal or equitable in their nature.

A child coming within the purview of this law, whose custody
the court assumes, shall be considered a “ward of the State’; and
for his or her minority shall be subject to such watchful care,
custody, discipline, supervision, guardianship and control as may
be conducive to the welfare of. the child and the best interests of
the State.

§ 2. Short Title—The short title of this law is “Juvenile and
Domestic Relations Court Law”.

§ 3. Definitions —When used in this law, unless the context
otherwise requires:

(1) “The court” or the “juvenile court” means the Juvenile
and Domestic Relations Court of each county or city;

(2) “The judge” means the judge, the associate judge, or the
substitute judge of the juvenile and domestic relations court of
each county or city;

(3) “Child” or “juvenile” means a person less than eighteen
years of age;

(4) “Adult” means a person twenty-one years of age or older;

(5) “Minor” means a person over eighteen and under twenty-
one years of age;

(6) “Department” means the Department of Welfare and In-
stitutions and “Director” means the administrative head in charge
thereof or such of his assistants and subordinates as designated
by him to discharge duties imposed upon him under this law;

(7) “This law”, “the law” means the Juvenile and Domestic
Relations Court law as now enacted or hereafter amended ;

(8) “Juvenile probation officer’ may be called a “counsellor”
or “probation officer”, and

(9) “State Board” means the State Board of Welfare and In-
stitutions.

Parr II. Cowurrs, JUDICIARY AND OFFICIALS

§ 4. Establishment of courts, eligibility, qualifications and
appointment of judges.—In every county and in every city of the
State there shall be a Juvenile and Domestic Relations Court. In
all counties and in the cities of less than twenty-five thousand
(25,000) population the judge of said court shall be appointed by
the judge of the circuit court of the judicial circuit within which
such county or city is situated for a term of four years. If other-
wise qualified he shall be the same person as the trial justice of
such county or city. In the cities of twenty-five thousand (25,000)
population or more the judge of such court shall be appointed by
the judge of the hustings or corporation court for a term of six
years; or if there be two or more courts of record in such city then
by a majority vote of all the judges of the courts of record therein.
In the case of a tie vote then the appointment shall be made by the
Governor. If there be no hustings or corporation court in the
city, then the appointment shall be made by the judge of the cir-
cuit court for the city. Each such court and the judge thereof
shall have and exercise within the territorial jurisdiction thereof,
the powers and duties hereinafter conferred upon them.

In cities of less than fifty thousand (50,000) population the
Police Justice, Civil Justice or Civil and Police Justice of such
city if otherwise qualified, shall be eligible for appointment as
judge of the Juvenile and Domestic Relations Court.

§ 4.1. The person selected as judge of the Juvenile and
Domestic Relations court in cities having a population of 25,000,
or more, shall be a person licensed to practice law, and in cities
having a population of less than 25,000 and in counties may be a
person licensed to practice law and selected with reference to his
experience in and understanding of problems of family and child
welfare provided that this requirement shall not apply to any
judge now holding such office.

§ 5. Associate judges in certain cities—In cities having a
population of one hundred ninety thousand (190,000) or more,
there shall be an associate judge of the Juvenile Court to assist
the judge thereof in the exercise of powers and jurisdiction con-
ferred on such court and in performing the duties thereof. All of
the provisions of the law concerning the qualifications, appoint-
ment and removal of the judge of the court, his term of office and
filling a vacancy therein, shall apply in all respects to the asso-
ciate judge. The salary of the associate judge shall be fixed and
paid in the same manner as the salary of the judge is fixed and
paid and the city shall be entitled to the same reimbursement
from the State on account of the salary paid the associate judge.
Appeals from the judgments of the associate judge shall lie to the
3ame courts and under the same circumstances and conditions as
provided by law for appeals from the juvenile court.

Neither the judge nor an associate judge of the juvenile court
as provided above in any city having a population of more than
yne hundred twenty-five thousand (125,000) shall engage in the
yrivate practice of the law. All judges elected or appointed under
‘his law shall enter upon the discharge of their duties the first day
of January next succeeding their election, or appointment, pro-
-ided that every judge holding office on the effective date of this
law shall continue in office under provisions of this law and exer-
cise the powers and jurisdiction herein prescribed until his term
of office shall expire.

§ 6. City and county or counties uniting in establishment of
court; appointment of judge, jurisdiction If the governing bodies
respectively of any city and any county or counties adjacent there-
to shall, by ordinance, resolution or by-law, unite in the establish-
ment of a juvenile and domestic relations court with jurisdiction
over the city and the county or counties or any district or portion
thereof, the judge or judges, as the case may be, of all circuit,
corporation and hustings courts to which an appeal from such
juvenile and domestic relations court would lie, shall thereupon
appoint a judge, and may appoint a substitute judge, of the said
juvenile and domestic relations court, who shall thereupon exercise
exclusive original jurisdiction under the provisions of this law
within the boundaries specified in such ordinances or resolutions.

If the governing bodies respectively of any two or more adja-
cent counties, shall, by ordinance, resolution or by-law unite in the
establishment of a juvenile and domestic relations court with juris-
diction over the said counties or any adjacent districts or portions
thereof, the judge or judges, as the case may be, of all circuit
courts to which an appeal from such juvenile and domestic rela-
tions court would lie, shall thereupon appoint a judge, and may
appoint a substitute judge, of the said juvenile and domestic rela-
tions court, who shall thereupon exercise exclusive original juris-
diction under the provisions of this law within the boundaries
specified in such ordinances or resolutions.

If any city and county or counties, or part thereof, or any two
or more counties shall unite in the establishment of a juvenile and
domestic relations court, as provided by law, the expense of opera-
tions and maintenance of the court and of caring for the wards
of the court shall be jointly borne in proportion to their respective
populations or as may be agreed upon by the constituted authori-
ties of the respective cities and counties. The provisions of sec-
tions 4 and 5 and other sections of this law respecting the eligi-
bility, qualifications, ete.. of judges, appointment of associate
judges, referees, etc., in cities and counties of specified populations,
shall apply to the geographical areas served by such united juve-
nile and domestic relations courts established under this section,
and for these purposes the aggregate population of said geo-
graphical area shall be used.

§ 7. Substitute Judges.—The judge or judges of each city or
county who have authority to appoint the several juvenile judges
shall by proper order of record appoint, upon the recommendation
of the judge of the Juvenile and Domestic Relations Court, as a
substitute judge of such court, a discreet and competent person
and may at any time revoke the appointment and make a new ap-
pointment in like manner in the event of revocation or of the resig-
nation, death, absence or disability of the substitute judge. In the
event the police justice, civil justice, civil and police justice, or
trial justice is appointed juvenile and domestic relations court
judge, then the substitute police justice, civil justice, civil and
police justice, or trial justice shall be substitute judge of the juve-
nile and domestic relations court. In the event of the absence or
disability of the judge or associate judge of the Juvenile and Do-
mestic Relations Court to perform the duties of his office or the
impropriety of his acting, the substitute judge shall perform the
duties and possess the powers of the judge during such periods
and in the event of the resignation, death, removal or permanent
disability of the judge or associate judge the substitute judge shall
act until a successor has been appointed and has qualified.

§ 8. Referees.—The judge of the Juvenile Court in any city
having a population of one hundred ninety thousand (190,000)
Or more may appoint one or more discreet and suitable persons
trained either in the law or in social case work, to act as referee
for the purpose of hearing and determining any matters or cases
assigned to him by the court, to conduct the hearing of the case
and to report to the court his findings and recommendations. The
referee’s findings and recommendations, if any, when approved by
the judge, shall become the judgment of the court. Any person in
interest shall have the right to secure a review of the report of the
referee with the right to introduce further evidence prior to entry
of judgment thereon by the court. From any final order or judg-
ment entered by the court under the provisions of this section, an
appeal may be taken in accordance with the provisions of this law
governing appeals.

Any person appointed as referee hereunder shall have the power
and authority of a justice of the peace in administering oaths and
performing the duties of his office. He shall be subject to removal
by the judge for cause. Such referee shall be eligible for appoint-
ment as substitute judge. Each referee appointed under the pro-
visions in this section shall receive compensation for his services
as fixed by the governing body of the city upon the recommenda-
tion of the judge of the court.

§ 9. Clerk and bailiff—The judge of the juvenile court of any
county or city shall have the power to appoint a clerk and a bailiff,
and with the approval of the governing body of such city such
other employees as may be necessary for the proper conduct
of his court. In the cities, the compensation that such clerk, bailiff
and other employees receive for their services shall be fixed by the
local governing body of the city and paid out of the treasury
thereof.

In the counties, in event that the trial justice is appointed
judge of the juvenile and domestic relations court, the clerk and
other employees of the trial justice court, shall serve also the
juvenile and domestic relations court.

The clerk shall keep the court docket and shall perform such
other duties as the judge of the court may prescribe.

The bailiff shall have charge of the court room and the offices
connected therewith, and he shall be held responsible for the safe-
keeping and proper protection of the furniture and other property
contained therein. He shall have charge of the cleaning, warming
and lighting of the court room and offices. He shall attend ses-
sions of the court and shall perform such other services as may be
required of him by the judge. The bailiff shall have the power and
authority of a police officer.

§ 10. Oath of office——Every judge, associate judge, substitute
judge, referee, clerk, bailiff and juvenile probation officer before
entering into the performance of his duties, shall take before the
corporation, hustings or circuit court of his city or county for
which he is appointed, the official oath required by law.

§ 11. Salaries of officials—Every judge, associate judge, sub-
stitute judge and referee appointed to serve in any city of the
State shall receive out of the treasury of the city for which he is
appointed such salary as the council or other governing body of
such city prescribes. The salary so fixed shall be in lieu of all
fees which may accrue to him by virtue of his office provided that
all such fees, when collected, shal] be accounted for and paid by
him into the treasury of the city on or before the tenth of each
month. The Commonwealth shall reimburse each city annually
at the end of each fiscal year one-half of the difference between
the salary paid to such judge, associate judge, substitute judge
and referee and the fees so accounted for during each such year by
the Juvenile Court.

The salaries of the judges of Juvenile Courts in the counties
shall be fixed and paid in full by the State as the salaries of trial
justices are now fixed and paid.

§ 12. Removal of judges.—The judges, associate judges and
substitute judges appointed for cities having a population of
twenty-five thousand (25,000) inhabitants or over under the pro-
visions of this act, may be removed in accordance with the pro-
visions of §§ 15-500 to 15-502, inclusive, of the Code of 1950, and
judges appointed for the counties and for the cities of less than
twenty-five thousand (25,000) inhabitants may be removed for
cause by the court or courts making the appointment.

§ 18. Vacation of judges.—Every judge or associate judge of
the Juvenile and Domestic Relations Court in cities of twenty-five
thousand (25,000) inhabitants or over shall be entitled to a vacation
period of at least 30 days annually with salary. The vacation
period for all other juvenile judges shall be at least two weeks
annually with salary and not more than thirty days to be deter-
mined by the appointing authority.

§ 14. Reimbursement by State.-—The Commonwealth shall re-
imburse each city annually at the end of each fiscal year one-half
of the compensation paid the judge, clerk, bailiff and other em-
ployees during each such year. Such reimbursement shall be
paid by the State Treasurer out of funds appropriated in the
general appropriations act for criminal costs, on warrants of the
Comptroller issued upon vouchers approved and signed by the
Director.

§ 15. Bonds of officials—Each clerk, deputy clerk, and any
other officer of the court not otherwise, bonded, handling funds
shall give bond if same be required by the court.

§ 16. Removal of officials—The appointing authority may re-
move for cause any clerk, juvenile probation officer, or other em-
ployee or officer after due notice and an opportunity to be heard.

§ 17. Courtroom, offices, equipment, etc.—Each city and
county shall provide in a manner to be determined by the govern-
ing body of the locality a suitable courtroom and offices for the
court, and shall furnish all necessary furniture, filing cabinets, doc-
kets, books, stationery, et cetera. The judge, after consultation with
the Director shall have the power to determine the form and
character of his records and to determine and publish the-rules to
regulate the proceedings in all cases coming within the provisions
of this law when not otherwise provided, and for the conduct of all
officers of the court and such rules shall be enforced and construed
liberally for the remedial purposes embraced therein. Insofar as
practicable all such records and rules shall be uniform throughout
the State.

§ 18. Certain officers to aid juvenile and domestic relations
court; service of process.—The court may, in its discretion, call
upon the Commonwealth’s attorney of his city or county to assist
the court in any proceeding under this law, and the Common-
wealth’s attorney shall render such assistance when so requested.

And the Commonwealth’s attorney shall represent the State in
all cases appealed from the juvenile and domestic relations court
to Circuit, Corporation, or Hustings Courts.

§ 19. Cooperation of certain agencies and officials may be
sought; their duties——The court may seek the cooperation of all
societies, organizations or institutions, public or private, having
for their object the protection, aid or care of children, to the end
that the court may be assisted in every reasonable way to give all
children coming under its jurisdiction the care, protection and
assistance which will best conserve the welfare of such children.
Every official of such city or county and every department thereof
shall render such assistance and cooperation to the court as will
best further the object of this law. All institutions, associations
or other custodial agencies in which any child coming within the
provisions of this law may be are hereby required to give such in-
formation to the court or to any of its officers as the court or
officers may require for the purpose of this law.

§ 20. Court’s advisory board.—The judge of any court may
appoint a board of not more than fifteen citizens of the county or
city, known for their interest in the welfare of children, who shall
serve without compensation to be called the advisory board of the
court. The members of the board shall hold office during the
pleasure of the court or the judge thereof. The duties of the board
shall be as follows:

(1) To advise and eooperate with the court upon all matters
affecting the workings of this law and other laws relating to
children, their care and protection, and to domestic relations;

(2) To visit as often as they conveniently can institutiens and
associations receiving children under this law and to report to the
court from time to time the conditions and surroundings of the
children received by or in charge of any such persons, institutions
or associations;

(3) To make themselves familiar with the work of the court
under this law and make from time to time a report to the public
of the work of the court.

Part III. JuRispicTION, PRAcTICE AND PROCEDURE

§ 21. Jurisdiction-child, minor, adult——The judges of the
Juvenile Court elected or appointed under this law shall be con-
servators of the peace within the corporate limits of the cities and
the boundaries of the counties for which they are respectively
chosen and within one mile beyond the corporate limits of such
cities.

Except as hereinafter limited they shall have within the cor-
porate limits of a city or the boundaries of a county in which they
sit exclusive original jurisdiction, and within one mile beyond the
corporate limits of said city concurrent jurisdiction with the
Juvenile Court or Courts of the adjoining county or counties over
all cases, matters and proceedings involving:

1. The custody, control or disposition of a child:

(a) whose parent or other person legally responsible, for the
care and support of such child is unable, or neglects or refuses
when able so to do, to provide proper or necessary support,
education ag required by law, or medical, surgical or other care
necessary for his well being;

(b) who is without proper parental care, custody or guard-
ianship;

(c) who ig abandoned by his parent or parents or other
custodian ;

(d) whose parent or parents or custodian for good cause
desire to be relieved of his care and custody;
(e) whose custody is a subject of controversy, provided
however that in such cases jurisdiction shall be concurrent with
and not exclusive of courts having equity jurisdiction, as pro-
vide in § 24 hereof;

(f) whose occupation, behavior, environment, condition, as-
sociation, habits or practices are injurious to his welfare;

(g) who deserts, or is a fugitive from his home or who is
habitually disobedient or beyond the control of his parents or
other custodian; or is incorrigible;

(h) who being required by law or his parents or custodian
to attend school is a willful and habitual truant therefrom;

(i) who violates any State or Federal law, municipal or
county ordinance—provided however that in violation of Federal
law jurisdiction in such cases shall be concurrent and shall be
assumed only if waived by the Federal Court.

(j) whose condition or situation is alleged to be such that
his welfare demands adjudication as to his disposition, control
and custody, provided that jurisdiction in such cases shal] be
concurrent with and not exclusive of that of courts having
equity jurisdiction, as provided in § 24 hereof.

2. The commitment of a mentally defective or mentally dis-
dered child who is within the purview of this law. Such commit-
ent shall be in accordance with the provisions of Chapters 3, 6
id 7 of Title 37 of the Code of 1950.

3. Judicial consent to the marriage of a child or minor, or for
s enlistment in the Armed Forces, or for surgical or medical
eatment for a child, who has been separated from his parents
’ guardian and is in the custody of the court when such consent

required by law.

4. A minor who is charged with having violated, prior to the
me he became eighteen years of age, any State or Federal law,
unicipal or county ordinance, provided that jurisdiction in Fed-
al offenses shall be concurrent with Federal Courts and shall be
sumed only if waived by the Federal Court. Such minor shall

dealt with under the provisions of this law relating to juve-
les.

5. An adult or person sixteen years of age or over charged
th deserting, abandoning or failing to provide support for any
rson in violation of law.

6. The enforcement of any law, regulation, or ordinance for
e education, protection or care of children.

%. The prosecution and punishment of persons charged with
‘treatment, abuse, abandonment or neglect of children or with
y violation of law which causes or tends to cause a child to come
thin the purview of this law, or with any other offense against
shild except murder and manslaughter, provided, that in prosecu-
tion for other felonies over which the court shall have jurisdiction,
such jurisdiction shall be limited to that of examining magistrate.

8. All offenses except murder and manslaughter committed by
one member of the family against another member of the family;
and the trial of all criminal warrants in which one member of the
family is complainant against another member of the family, pro-
vided, that in prosecution for other felonies over which the court
shall have jurisdiction, said jurisdiction shall be limited to that of
examining magistrate. The word “family” as herein used shall be
construed to include husband and wife, parent and child, brothers
and sisters, grandparent and grandchild; and

9. Any violation of law the effect or tendency of which is to
cause Or contribute in any way to the disruption of marital rela-
tions or a home.

§ 22. Retention or resumption of jurisdiction When juris-
diction has been obtained by the court in the case of any child,
jurisdiction may be retained or reassumed by the court until he
becomes twenty-one years of age except when in the custody of
the Department or when divested under the provisions of § 24
hereof.

§ 23. Venue.—The actual presence in a county or city within
the jurisdiction of the court of any child within the purview of
this law shall determine the venue of any proceeding concerning
any such child under this law, unless the court for good cause
shall otherwise determine.

§ 24. Concurrent jurisdiction.—Nothing contained in this
law shall deprive any other court of the concurrent jurisdiction
to determine the custody of children upon a writ of habeas corpus
under the law or to determine the custody or guardianship of
children when such custody or guardianship is incidental to the
determination of causes pending in such courts, provided that
when a court of record shall have taken jurisdiction thereof the
Juvenile and Domestic Relations Court shall be divested of such
jurisdiction. Such courts may certify such matters to the juvenile
and domestic relations court for hearing and determination or for
recommendation.

§ 25. Contempt of court.—The judge shall have the same
powers in matters of contempt as are conferred on courts and
judges by § 18-255 but in no case shall the fine exceed fifty dollars
and imprisonment exceed thirty days for the same contempt. From
any such fine or sentence an appeal shall be allowed as provided
by § 18-257 of the Code of 1950.

§ 26. Dockets and order books; hearings, records private.—
Every juvenile court shall keep a separate docket or order book for
the entry of its orders in cases arising under this law and the trial
of all such cases shall be held at a different time from the hearing
of other cases in such courts. The general public shall be excluded
from all juvenile court hearings and only such persons admitted as
the judge shall deem proper. The presence of the child in court
may be waived by the judge at any stage of the proceedings. The
records of all such cases shall be withheld from public inspection
but the record shall be, at reasonable times, open to those persons
including an attorney representing the child or his parents as the
judge decides, in his discretion, have direct interest therein.

§ 27. Records of Police Departments and Division of Motor
Vehicles.—The police departments of the cities of the State, and
the police departments or sheriffs of the counties, as the case may
be, shall keep separate records as to violations of law committed
by juveniles and the Division of Motor Vehicles shall keep separate
records as to violations of the motor vehicle law committed by
juveniles and such records shall be withheld from public inspec-
tion and shall be exhibited only to persons having a legal interest
therein and with the express approval of the judge or Commis-
sioner of Motor Vehicles.

§ 28. Information; investigation; petition—Whenever any
person informs the court that any child or minor is within the pur-
view of this law or subject to the jurisdiction of the court here-
under, except a minor traffic violation or violation of the game and
fish law, the court shall require an investigation which may in-
clude the physical, mental and social conditions and personality
of the child or minor and the facts and circumstances surrounding
the violation of the law. The court may then proceed informally
and make such adjustment as is practicable without a petition or
may authorize a petition to be filed by any person and if any such

on does not file a petition a probation officer or a police officer
shall file it; but nothing herein shall affect the right of any person
to file a petition if he so desires. In case of violation of the traffic
laws, or game and fish laws the court may proceed on any sum-
mons issued without the filing of a petition.

§ 29. Form and content of petition.—The petition may be in-
formal but may be in the following form and shall contain the
facts below indicated:

“Commonwealth of Virginia, In re...................008:. ,a

(name of child or juvenile)
child or juvenile under eighteen years of age.

“In the Juvenile and Domestic Relations Court of the county
(or city) of TTT TILT LTIELrrerererire errr 7,
If any of the facts herein required to be stated are not known
by the petitioner the petition shall so state. The petition shall be
verified and may be upon information.

§ 30. Summons, notice: custody of child.—After a petition
has been filed and after such further investigation as the court
directs, unless the parties hereinafter named voluntarily appear;
the court shall issue a summons reciting briefly the substance of
the petition or the charge upon which it is alleged that the child
is within the purview of this law and requiring all proper or neces-
sary persons to appear personally before the court at a time and
place stated. If the person so summoned shall be other than a
parent or guardian of a child, then the parent or parents or the
guardian or both shall be notified of the pendency of the case,
the charge, and of the time and place appointed for the hearing,
if their address be known.

If it appears that the child is in such condition or surround-
ings that his welfare requires or there is other good reason that
his custody be immediately assumed by the court the judge may
order by endorsement upon the summons or other process issued,
that the officer serving or executing the same shall at once take the
child into custody.

§ 31. How service made and when necessary.—Service of such
summons within the county or city shall be made by delivering to
and leaving with the person summoned a true copy thereof. If the
child mentioned in the petition is present in court, no summons
to the child shall be necessary to give the court jurisdiction of the
child.

§ 32. Service of process; bonds; writs; et cetera.—The sheriffs
and their deputies in the respective counties and the city sergeants
and their deputies and police officers in the cities and counties
shall serve summons and execute warrants or other process issued
by the court in their respective jurisdictions, but any paper, sum-
mons or process issued by the court may be served by any person
designated by the court or judge for that purpose.

§ 33. Proof of service.—Proof of service may be made by the
affidavit of the person who delivers a copy of the summons to the
person summoned, if the summons be not served by an officer, but
if served by a State, county or municipal officer his return shall be
sufficient without oath.

§ 34. Failure to obey summons constitutes contempt.—The
summons shall be considered a mandate of the court, and wilful
failure to obey its requirements shall subject any person guilty
thereof to liability for punishment as for a contempt.
§ 35. Travel expense of witnesses.—The judge may authorize
the payment of the fees and mileage provided by law of any wit-
ness or person summoned or otherwise required to appear at the
hearing of any case coming within the jurisdiction of the court,
which sum shall be paid by the State Treasurer out of funds appro-
priated in the general appropriations act for criminal costs, on
warrants of the Comptroller issued upon vouchers approved by the
judge.

§ 36. Notice to parents.—In no case shall the trial proceed
until the parent or parents of the child, if residing within the
State, have been notified, unless the judge shall certify on his
record that diligent efforts have been made to locate and notify
the parent or parents without avail.

§ 37. When guardian ad litem appointed.—When the person
named in the summons, other than the child, is present in court,
or is a nonresident of the State or cannot be found after reason-
ably diligent search or when the child is in court by reason of the
violation of a State or Federal penal law; or any ordinance of a
county, town or city, service of a summons upon the other person
named in the summons shall not be necessary to give the court
jurisdiction; but if the other person is not present in court, and if
for any of the reasons set out above has not been served with a
summons, the court shall appoint a probation officer, or a discreet
and competent attorney at law, to act as guardian ad litem to
represent the interest of the child and the guardian ad litem shall
be present at the hearing of the case to represent the child.

§ 38. Time of service and hearing.—In cases in which a sum-
mons is necessary it shall be sufficient to confer jurisdiction if
service is effected at any time before the time fixed in the summons
for the return thereof, but the court shall not proceed with the
hearing earlier than the third day after the date of service, if ob-
jection be made by the parties served, or by a guardian ad litem
appointed to represent the interests of the child.

§ 39. Transfer from other courts.—If during the pendency
of a criminal or quasi-criminal proceeding against any person in
any other court it shall be ascertained that the person was under
the age of eighteen years at the time of committing the alleged
offense, such court shall forthwith transfer the case, together with
all papers, documents and evidence connected therewith, to the
juvenile court of the city or county having jurisdiction, provided
if such is pending in a court of record, the judge thereof, in his
discretion, may continue with the trial thereof. The court
making the transfer shall order the child or minor to be taken
forthwith to the place of detention, designated by the juvenile
court or by the transferring court, or release on bail or otherwise
the child or minor to the custody of some suitable person to be
brought before the juvenile court at the time designated.
§ 40. Transfers to other courts.—If a child fourteen years of
age or over is charged with an offense which, if committed by an
adult, could be punishable by confinement in the penitentiary for
less than twenty years, the court after full investigation and hear-
ing may, in its discretion, retain jurisdiction or certify such child
for proper criminal proceedings to the appropriate court of record
having criminal jurisdiction of such offenses if committed by an
adult; but if the punishment for such offense could be death or
confinement in the penitentiary for life or a period of twenty years
or more, the juvenile court after full investigation, may retain
jurisdiction or certify such child to the proper court of record
which would have trial jurisdiction of such offense, if committed
by an adult, provided however, that in the event the juvenile court
does not so certify a child fourteen years of age or over, charged
with an offense which, if committed by an adult, would be punish-
able by death or confinement in the penitentiary for life or a
period of twenty years or more, the Commonwealth’s attorney of
the city or county, if he deems it to the public interest, may pre-
sent the case to the grand jury of the proper court of record. If
the grand jury returns a true bill upon such indictment the juris-
diction of the juvenile court as to such case shall terminate. In
no case shall any child under the age of fourteen be so certified,
nor shall any such child be indicted or tried under the criminal
laws of this State. The ages specified in this section refer to the
age of the child or minor at the time of the alleged commission of
the offense.

§ 41. Procedure in transfer cases——In all cases under the
next preceding section, the court shall require a full and com-
plete investigation of the physical, mental and social condition
and personality of the child or minor and the facts and circum-
stances surrounding the violation of the law which is the cause
of his being before the court. If the court deems that any child
or minor before it who is fourteen years of age or over cannot be
adequately controlled or induced to lead a correct life by use of
the various disciplinary and corrective measures available to the
court, then the court may, in such cases, in lieu of trial of such
child or minor under this law send or transfer such juvenile to the
appropriate court having jurisdiction for trial by the court as if
he were an adult. |

In the hearing and disposition of cases properly before a court
having general criminal jurisdiction the court may sentence or
commit the juvenile offender in accordance with the criminal laws
of this State or may in its discretion deal with the juvenile in the
manner prescribed in this law for the hearing and disposition of
cases in the juvenile court.
§ 42. Decree.—If the court shall find that the child or minor
is within the purview of this law it shall so decree and by order
duly entered proceed as follows;

(1) Take custody and place the child or minor on probation,
under such conditions as the court shall determine.

(2) Leave the child or minor in his own home under the super-
vision of the court with or without taking custody; or take custody
and place the child or minor temporarily in a suitable home, under
supervision of the court pending final disposition of the case.

(3) Take custody and commit the child or minor to the guard-
ianship and custody of the local department of welfare which shall
accept the custody of any child or minor so committed.

(4) Take custody and commit the child or minor to the guard-
ianship and custody of the State Board of Welfare and Institu-
tions if the child’s or minor’s behavior or condition is such that
the court deems it cannot be satisfactorily or adequately dealt with
in his own locality or with its resources. All children intended to
be placed in one of the industrial schools of the State shall be com-
mitted to the State Board of Welfare and Institutions, it being
the purpose of this law that the Director shall determine which
children or minors shall be so placed.

(5) Take custody and commit the child or minor to the cus-
tody and guardianship of a private agency or organization ap-
proved and licensed by the State Board to care for and place
children or minors in foster homes. No court shall commit a child
or minor to an agency or organization out of the State without the
approval of the Director.

(6) Commit the child or minor if adjudged mentally defective,
to a mental institution, in accordance with the provisions of the
law.

(7) Refer or send the child or minor, if fourteen years of age
or older, for proceedings and trial to a court having criminal
jurisdiction, in accordance with the provisions of this law.

(8) In case of traffic violations the court may suspend an
operator’s license, or require restitution in accordance with pro-
visions of this law, or it may impose the penalties which are
authorized to be imposed on adults for such violations.

(9) The court may impose a fine not exceeding fifty dollars
as a disciplinary measure upon a child or minor of working age
found by the court to have violated a State or Federal law or local
ordinance. All sums so ordered to be paid may be paid by the
child or minor in monthly or weekly installments; such child or
minor may also be required to make restitution or reparation for
damages resulting from his wrongful conduct.

(10) Order such other care and treatment, medical or other-
wise as the court deems to be for the best interests of the child or
minor.
§ 43. Effect of adjudication on status of child.—Except as
otherwise provided no adjudication or judgment upon the status
of any child under the provisions of this law shall operate to im-
pose any of the disabilities ordinarily imposed by conviction for
a crime, nor shall any such child be denominated a criminal by
reason of any such adjudication, nor shall such adjudication be
denominated a conviction.

The disposition made of a child or any evidence given in court
concerning him shall not operate to disqualify the child in any
future civil service application or appointment or military or naval
enlistment.

§ 44. Duration of commitments and contracts for place-
ment.—All commitments under this law shall be for an indeter-
minate period having regard to the welfare of the child and inter-
ests of the public, but no child committed hereunder shall be held
or detained after such child shall have attained the age of twenty-
one years; and the State Board and aid societies, associations or
institutions may place under contract children committed under
this law in suitable family homes, institutions or industrial schools
for the care of children without further process of law for a term
of years not exceeding the period of minority of such child.

§ 45. Commitments; transfer of information.—Whenever the
court commits a child to any institution or agency it shall trans-
mit with the order of commitment a summary of its information
concerning the child, and such institution or agency shall give to
the court such information concerning the child as the court at any
time requires. All such information shall be treated as confiden-
tial.

§ 46. Protection of religious affiliations.—In placing a child
under the guardianship or custody of an individual or of a private
agency or institution; the court shall whenever practicable select
a person, or an agency, or institution governed by persons, of the
same religious faith as that of the parents of the child, or in case
of a difference in the religious faith of the parents and religious
faith of the child, or, if the religious faith of the child is not as-
certainable, then of the faith of either of the parents, unless the
parent or parents of the child waive such selection.

§ 47. Review of order of commitment.—The court of its own
motion may reopen any case and may modify or revoke its order.
The court shall before modifying or revoking such order grant a
hearing after notice in writing to the complainant, if any, and the
person, or agency having custody of the child or minor.

§ 48. Payment for support from estate of child.—If a child or
minor has an estate in the hands of a guardian or trustee, the
guardian or trustee may be required to pay for his education and
maintenance so long as there may be funds for that purpose.
§ 49. Support of child committed to a custodial agency or
person.— Whenever a child is committed by the court to any per-
son, institution or agency, public or private, the court may, after
giving the parents reasonable opportunity to be heard, order and
decree that such parents shall pay in such manner as the court
may direct such sum, within their ability to pay, as will cover in
whole or in part the support of such child, and if the parents wil-
fully fail or refuse to pay such sum, the court may proceed against
them as for contempt or for nonsupport; when the child is com-
mitted to an institution or agency supported by the State or any
political subdivision thereof, the court shall order that such pay-
ment be made to the court which shall pay the same on or before
the tenth day of the month following receipt thereof into the
treasury of the political subdivision or to the credit of local de-
partment of public welfare or into the general fund of the State
treasury as the case may be.

§ 50. Procedure in other cases.—All provisions of this law
relative to procedure in cases of children when not inconsistent
with provisions of law relating to the conduct of other cases, shall
so far as practicable also apply to such other cases under the
provisions of this law, and also under the provisions of law in
regard to nonsupport. Proceedings may be instituted on petition
or complaint by any interested party or on warrant issued as
provided by law or upon the court’s own motion and a reason-
able opportunity to appear and be heard shall be afforded the de-
fendant. The court may make an informal preliminary investi-
gation and may make such adjustment as is practicable or may
authorize a petition or complaint to be filed and summons or
warrant to be issued; provided that nothing herein shall have the
effect of denying to any person the right to file a petition if he so
desires. The court may issue a summons, a warrant of arrest or
other appropriate process in order to compel the attendance of any
necessary person.

§ 51. Suspension of sentence; probation.—Upon the trial of
other than juvenile cases the court may upon a plea of guilty or
upon conviction impose such sentence as the law provides; or may
suspendthe imposition of sentence or execution of sentence or any
part thereof, and may also place the defendant on probation during
good behavior for such time and under such condition as it deter-
mines. In case the defendant has been sentenced for a misde-
meanor and committed, the court may at any time before the sen-
tence has been fully served, suspend the unserved portion of such
sentence. The court may upon good cause subsequently increase
or decrease the probation period and may revoke or modify any
condition of probation. While on probation the court may require
any such person to pay in one or several sums any fine imposed at
the time of sentence.
As a condition of probation or suspension of sentence the court
may also require any such person to make restitution or repara-
tion to the aggrieved party or parties for actual damages or loss
caused by the offense for which conviction was had and to provide
for the support of his wife, children or others for whose support
he may be legally responsible. The court may transfer the defend-
ant to the court of another county or city to which such defendant
is removing, there to be placed and kept on probation as such latter
court deems proper.

Persons sentenced under this law to jail or the State convict
road force for nonsupport shall be returned when released to the
court which exercised original jurisdiction.

§ 52. Revocation of order of suspension; resumption of juris-
diction of the court.—If any person under a suspended sentence or
on probation be found guilty after notice and hearing to have
violated the conditions of such suspended sentence or probation,
the court may revoke the suspension of sentence or probation. In
such case the court shall cause the defendant to be arrested on a
show cause order and the defendant may be brought before the
court for trial thereon at any time within the probation period or
the period of suspension, or if no probation period or period of
suspension has been prescribed then within the maximum period
for which the defendant might originally have been sentenced to be
imprisoned ; whereupon, in case the imposition of sentence has been
suspended, the court may pronounce whatever sentence might have
been originally imposed; and in case the execution of the sentence
has been suspended, the original sentence shall be in full force and
effect, and the time of probation shall not be taken into account
to diminish the original sentence. In the event that any person
placed on probation or under suspension of sentence leaves the
jurisdiction of the court without the consent of the judge, or
having obtained leave to remove to another locality violates any
of the terms of his probation or suspension of sentence, he may be
apprehended and returned to the court and dealt with as provided
above.

§ 53. Bonds and forfeitures thereof.—All bonds and other un-
dertakings taken and approved by the judge, either for the appear-
ance of any person or for the performance of any other duty or
undertaking set forth in the bond, shall be valid and enforceable
even if the principal in the bond shall be a person under twenty-
one years of age. In the event of a failure upon the part of the
principal or sureties in any bond taken in such court to faithfully
carry out and discharge the undertakings of such bond then, in
that event, the judge shall have the right to declare the bond for.
feited and to certify the same to the clerk of the circuit, corpora-
tion or hustings court of his city or county. And in the event of
such certification by the judge to the clerk of any such court it
shall be the duty of the clerk thereof to bring the same at once to
the attention of the Commonwealth’s attorney of the city or county
of his court, who shall proceed thereon in the manner prescribed
by law.

The complainant in nonsupport cases shall not be required to
furnish an indemnifying bond.

§ 54. Destruction of misdemeanor warrants.—The judge is
authorized in his discretion to destroy or otherwise dispose of any
misdemeanor warrant together with other papers pertaining there-
to when any such case has been tried and finally disposed of for
a period of at least ten years.

§ 55. Physical and mental examinations and treatment.—The
court may cause any person within its jurisdiction under the
provisions of this law to be examined and treated by a physician,
psychiatrist or clinical psychologist; and upon the written recom-
mendation of the physician or psychiatrist the court shall have the
power to send any such person to a State mental hospital for ob-
servation.

Whenever a child concerning whom a petition has been filed
appears to be in need of nursing, medical or surgical care, the
court may order the parent or other person responsible for the care
and support of the child to provide such care in a hospital or other-
wise and to pay the expenses thereof. If the parent or other per-
son is unable or fails to provide such care, the court may refer the
matter to the authority designated in accordance with law for the
determination of eligibility for such services, in the county or city
in which such child or his parents has residence or legal domicile.

In any such case, if a parent, able to do so, fails or refuses
to comply with the order the court may proceed against him as for
contempt or may proceed against him for nonsupport.

§ 56. Power to issue warrants.—The judge, clerk and deputy
clerk shall have the same powers with respect to the issuance of
warrants, petitions or other process as are conferred on courts and
judges by the provisions of §§ 16-6 through 16-9 of the Code of 1950
as from time to time amended, or other provisions of law and they
shall have the power to administer oaths and affirmations.

§ 57. Interference or obstruction of officer.—No person shall
interfere with or obstruct any officer, juvenile probation officer or
other officer or employee of the court in the discharge of his duties
under this law nor remove or conceal or cause to be removed or
concealed any child in order that he may not be brought before
the court nor interfere with or remove or attempt to remove any
child who is in the custody of the court or of an officer or who has
been lawfully committed under this law. Any person violating
any provision of this section is guilty of a misdemeanor.
§ 58. When and how a child may be taken into immediate
custody; arresting.—No child may be taken into immediate cus-
tody except

(1) With a summons endorsed by the judge of the juvenile
court in accordance with the provisions of this law or with a war-
rant; or

(2) When in the presence of the officer who makes the arrest,
a child has violated a city, town, or county ordinance or a state
or federal penal law and the officer believes that such is necessary
for the protection of the public interest; or

(3) When the officer finds a child in such surroundings or con-
dition that he considers it necessary that he take the child into
immediate custody for the child’s welfare; or

(4) When there is good cause to believe that a child has com-
mitted an offense which if committed by an adult would be a
felony of a serious and aggravated nature.

§ 59. Limitation as to issuance of warrants for children.—
No warrant of arrest shall be issued for any child known or alleged
to be under the age of fourteen years except by the judge of a
juvenile court or a judge of a court of record or for a child known
or alleged to be between the ages of fourteen and eighteen years
except when use of such process is imperative.

§ 60. Limitation, on transportation and confinement of chil-
dren.—No child if his age is known or alleged to be such shall be
transported or conveyed in a police patrol wagon, or confined in
any police station, prison, jail or lockup or be transported or de-
tained in association with criminals, vicious, or dissolute persons;
except that a child fourteen years of age or older may, with the
consent of the judge or the juvenile probation officer, be placed in
a jail or other place of detention for adults, but in a room or ward
entirely separate from adults.

§ 61. Children taken into custody, how released or detained.—
Whenever a child is taken into custody unless the officer deems it
impractical or inadvisable or he has been otherwise ordered by the
court, he shall release the child to the custody of a parent, guard-
ian, or custodian upon promise of such parent, guardian or cus-
todian to bring the child to the court at such time as is fixed by
rules of the court. If not so released he shall take the child to the
special place of detention for juveniles provided by each city and
county; or during such hours as the court is open he shall take
the child immediately to the court and the court may order that
the child be released to the custody of a parent or other person
appointed by the court, on bail or recognizance or otherwise; or
the court may order that the child shall be detained in such man-
ner as it determines subject to further order of the court.
§ 62. Detention facilities; supervision of.—It shall be the
duty of the Department of Welfare and Institutions to devise, de-
velop and promulgate a Statewide plan for the establishment and
maintenance of suitable detention facilities reasonably accessible
to each court.

The Director shall have authority to appoint a State super-
visor of juvenile. detention and other necessary agents for the
carrying out of such a plan and the State supervisor shall cooper-
ate with the proper local authorities in establishing and maintain-
ing suitable detention facilities in accordance with the provisions
of this law.

§ 63. Establishment of homes and other places for temporary
detention.— Provision shall be made for the temporary detention
of children coming within the purview of this law in a detention
home to be conducted as an agency of the city or county for that
purpose, or the local governing body may arrange for the boarding
of such children temporarily in a private home or homes in the
custody of some fit person or persons subject to the provisions of
the court, or the local governing body may arrange with any in-
corporated institution, society, or association, licensed by the State
Board or with any other city or county which maintains a suit-
able place of detention for children for the use thereof as a tem-
porary detention home, but the court or judge shall not send any
child to a jail or station house while awaiting trial or disposition
except in accordance with the provisions of this law.

§ 64. Visitation and management of such homes.—In the
event that a detention home is established it shall be subject to
visitation and inspection by the State Board, and shall be fur-
nished and carried on so far as possible as a family home under
the management of a superintendent or matron, appointed from
a list of eligibles sumbitted by the State Board, and such other
employees for such home as may be necessary.

§ 65. Expenses of such homes; cost of maintenance elsewhere.
—The responsibility for the maintenance and operation of such de-
tention home and the necessary expenses incurred in maintaining
and operating such detention home shall be a charge upon the
county or city, as the case may be, and the county board of super-
visors or the city council or other governing body shall make pro-
vision therefor. The Commonwealth shall reimburse the city or
county, as the case may be, two-thirds of the salaries of officers
and employees engaged in the operation and maintenance of de-
tention homes; and it shall further reimburse the city or county
for the entire reasonable cost of food and of the clothing, medi-
cines, lights, water, heat, disinfectants, beds and bedding, and
other necessary supplies required for the care of children held in
detention homes awaiting trial or disposition under the juvenile
laws of this State. Such reimbursements shall be paid in monthly
installments by the State Treasurer out of funds appropriated
in the general appropriations act for criminal costs on warrants
of the Comptroller, issued upon vouchers approved and signed by
the Director, or by such person as may be designated by the
Director.

§ 66. Cost of maintenance of children in other homes.—In
case the local governing body shall arrange for the boarding of
children temporarily detained in private homes or with any incor-
porated institution, society or association, or in detention homes
conducted by another city or county, the cost of maintaining such
children held awaiting trial or disposition under the juvenile laws
of this State in boarding homes or other institutions shall be paid
monthly, according to schedules prepared and adopted by the State
Board, by the State Treasurer out of funds appropriated in the
general appropriation act for criminal costs, on warrants of the
Comptroller, issued upon vouchers approved by the Director, or
such other person as may be designated by the Director.

Part V. Prosation-SysTteM; DmPaARTMENT OF WELFARE
AND INSTITUTIONS

§ 67. Division for Supervision of Probation and Detention
in Department of Welfare and Institutions.—The Director of Wel-
fare and Institutions is empowered to establish a division in his
Department and to appoint a head thereof who shall have training
and experience in the fields of social case work and social services
with juvenile and domestic relations courts and such other em-
ployees as he may find to be necessary to properly carry out the
provisions relative to the creation of a probation system and to
supervise under his direction the detention provisions of this act.
The salaries of such employees shall be paid out of funds appro-
priated for such purpose to the Department of Welfare and In-
stitutions.

§ 68. Duties.—Fhe Director shall cause such division to
study the conditions existing in the several cities and counties and
confer with the judges of the juvenile and domestic relations
courts, the superintendent and boards of public welfare, and other
appropriate officials as the case may be and to plan and establish
an adequate and coordinated program of social services, probation
and detention facilities to all juvenile and domestic relations
courts.

§ 69. Appointment of Probation Officers.—The judge of the
Juvenile and Domestic Relations Court may appoint from a list
of eligibles certified by the Director, one or more suitable persons
as probation officers, in accordance with the terms of § 53-266.

§ 70. Compensation of Probation Officers.—The compensation
of probation officers appointed in accordance with the next preced-
ing section shall be fixed by the governing body of the city or
county in which they serve, in accordance with regulations of the
Department, and shall be paid out of the county or city treasury ;
provided that one half of such compensation shall be reimbursed
to the city or county by the State from funds appropriated to the
Department of Welfare and Institutions.

§ 71. Local Superintendents as Probation Officers.—Local
superintendents of public welfare, or their assistants, in the vari-
ous counties and cities, upon the certification of the court and with
the approval of the local welfare board shall serve as probation
officers for the court; and, when so serving, shall have the same
powers and authority, duties and functions as other probation
officers appointed and empowered under this law, provided how-
ever that, in the event that the local governing body has not made
provision for a probation officer, in such case the local superin-
tendent of welfare or one of his assistants shall serve, and no
extra compensation shall be paid for such services.

§ 72. Probation Officers; designation of a supervisory officer.—
In any court where more than one probation officer has been ap-
pointed under the provisions of this law, the judge of said court
may designate one or more probation officers to serve in a super-
visory position.

§ 73. Probation Officers; powers, duties, functions.—In ad-
dition to any other powers and duties imposed on them by this
law, probation officers appointed hereunder shall:

(1) Investigate all cases referred to him by the judge or any
person designated by the judge so to do, and shall render reports
of such investigation as required.

(2) Supervise such persons as are placed under his super.
vision and shall keep informed concerning the conduct and con-
dition of every person under his supervision by visiting, requiring
reports and in other ways, and shall report thereon as required.

(3) Use all suitable methods not inconsistent with conditions
imposed by the court to aid and encourage persons on probation
and to bring about improvement in their conduct and condition.

(4) Furnish to each person placed on probation a written state-
ment of the conditions of their probation and shall instruct him
regarding the same.

(5) Keep records of his work and perform such other duties
as the judge or other person designated by him or the Director shall
require.

(6) Each probation officer appointed under the terms of this
law shall have the authority of a police officer.

§ 74. Reports of Court Officers privileged.—All information
obtained in discharge of official duties by any officer or employee of
the court shall be privileged and shall not be disclosed to anyone
other than the judge unless and until otherwise ordered by the
judge, or the judge of a court of record.

§ 75. Parole Supervision of committed child or minor.—When
the Department returns a child or minor, who has been committed
to its custody, to a local community the Director may return the
child or minor to the committing court for supervision by juvenile
probation officers; or the Director may return the child or minor
to the local Superintendent of the Department of Public Welfare
for supervision by said department. The agency to which the child
or minor is returned shall accept responsibility for his future
supervision and control.

§ 76. Placing Child on parole in foster home; how financed.—
When the child or minor is returned to the court for supervision
and, after a full investigation, the court is of the opinion that the
child or minor should not be placed in his own home, and there are
no funds available to board and maintain said child, the court shall
arrange with the Director of the Department of Welfare and In-
stitutions for the boarding of said child or minor in a foster home
or with any incorporated institution, society or association and the
cost of maintaining such child shall be paid monthly, according to
the schedules prepared and adopted by the Department, by the
State Treasurer, out of funds appropriated in the general appro-
priation act for criminal costs, on warrants of the Comptroller
issued upon vouchers approved by the Director, or such other per-
son as may be designated by the Director.

§ 77. Probation Officers; transfer of supervision from one
officer to another.—If any person on probation to or under the
supervision of any juvenile probation officer or other officer of the
court remove his residence or place of abode from the county or
city in which he was so placed on probation or under supervision
to another county or city in the State, the probation officer in the
city or county from which he removed his residence or place of
abode shall notify the Director who shall arrange the transfer of
supervision to the city or county to which he moves his place of
residence or abode.

The Director of Department of Welfare and Institutions may
make provision for the transfer of a juvenile placed on probation
in this State to another state to be there placed on probation un-
der the terms of Article 4 of Chapter 11 of Title 53 of the Code.

§ 78. Travel expense of Probation Officer.—Under rules of the
Department the traveling expenses incurred by a probation officer
or other officer of the court when traveling under the order of the
judge, shall be paid by the State Treasurer out of funds appro-
priated in the general appropriations act for criminal costs, on
warrants of the Comptroller issued upon vouchers approved by the
judge.
Each juvenile probation officer shall also be paid all necessary
traveling and other expenses incurred by him in the discharge of
his duties hereunder, not to exceed, however, one thousand dol-
lars during any fiscal year.

Part VI. APPEALS

§ 79. Appeals.—From any final order or judgment of the
juvenile court affecting the rights or interests of any person under
the age of eighteen years coming within its jurisdiction, an appeal
may be taken by any person aggrieved to the circuit, corporation,
or hustings court having equity jurisdiction of such city or county
within ten days. From date of final order of judgment of the
court affecting the rights or interests of any person of the age of
eighteen years or over, coming within its jurisdiction, an appeal
may be taken by the person aggrieved to the circuit, corporation
or hustings court having jurisdiction over such city or county
within ten days. Provided, however, that in either case the appeal
may be withdrawn by the person taking same at any time before
the appeal papers shall have been actually filed in the higher court
and thereafter with the consent of the judge of that court; and
provided further that in any case the judge may grant a rehearing
within thirty days upon good cause shown after due notice to
interested parties. Proceedings in juvenile cases in such courts
shall conform to the equity practice where evidence is taken ore
tenus; provided, however, that an issue out of chancery may be
had as a matter of right upon the request of either party. In the
city of Richmond all appeals shall, as to matters arising within the
city north of the James River, or arising upon the islands therein,
be to the Hustings Court of the city of Richmond, and as to mat-
ters arising within the city south of the James River such appeals
shall be to the Hustings Court of the city of Richmond, Part Two.

Upon the rendition of final judgment upon an appeal from the
juvenile and domestic relations court, the appellate court shall
cause to be filed with the juvenile court, a copy of its judgment,
which shall thereupon become the judgment of the juvenile court.
In the event such appellate court does not dismiss the proceedings
or discharge such child or adult person the appellate court may
in its discretion remand the child or adult person to the jurisdic-
tion of the juvenile court for its supervision and care, under the
terms of its order or judgment and thereafter such child or adult
person shall be and remain under the jurisdiction of the juvenile
court in the same manner as if such court had rendered the judg-
ment in the first instance.

Petition for or the pendency of an appeal or writ of error
shall not suspend any judgment, order or decree of the juvenile
court in any case nor operate to discharge any child concerned or
involved in the case from the custody of the court or other person
institution, or agency to which the child has been committed, unless
so ordered by the judge of a court of record or directed in a writ
of supersedeas by the Supreme Court of Appeals or a judge

thereof.

Part VII. CONCLUSION

§ 80. Severability of provisions.—If any provision of this law
or the application thereof to any person or circumstance, is held
invalid, the remainder of the law and the application of such pro-
vision to other persons or circumstances shall not be affected
thereby.

§ 81. Repeal of certain laws and city charter provisions.—The
provisions of this law shall supersede and repeal any provision of
any charter of any city, or any State law to the contrary or in con-
flict herewith. Provided, however, that such repeal shall not affect
in any way the provisions of Chapter sixty-eight, Acts of the Gen-
eral Assembly of Virginia of nineteen hundred and forty-four,
amending the charter of the town of Franklin, in Southampton
County.

2. §§ 16-1380 through 16-172, inclusive; §§ 63-257 through 63-288,
inclusive; §§ 63-294 through 63-307, inclusive, of the Code of 1950
are repealed.