Commit

ment of child.

Probation

officers, appoint

ment and duty of.

Proceed ings in justice's court.

SEC. 5. When any child under the age of sixteen years shall be found to be dependent, within the meaning of this act, the court may make an order committing the child, for such time during its minority as the court may deem fit, to the care of some reputable citizen of good moral character, or to the care of some association, society, or corporation willing to receive it, embracing in its objects the purpose of caring for or obtaining homes for dependent or neglected children. The court may thereafter set aside, change, or modify such order.

SEC. 6. Any judge of the superior court, acting under this act, shall have authority to appoint or designate one or more discreet persons of good character, of either sex, to serve, during the pleasure of the court making the appointment, as probation officers of the superior court, and of such justices' court, justice of the peace and police court, or either or any thereof, as may be designated in the order appointing such officer. When more than one probation officer is appointed, the court may designate one of the probation officers as chief probation officer and the others as deputy probation officers, and it shall be the duty of the chief probation officer to see that the deputies properly perform their duties. In case a probation officer shall be appointed to act under any court, judge, justice of the peace, or police judge, it shall be the duty of the clerk of the court appointing said officer, or if there be no clerk, it shall be the duty of the court, justice of the peace, or police judge, if practicable, to notify the said probation officer in advance when any child is to be brought before said court. It shall be the duty of the said probation officer to make such investigation as may be required by the court; to be in court in order to represent the interests of the child when the case is heard; to furnish to the court such information and assistance as it may require, and to take such charge of any child before and after trial, as may be directed by the court. A probation officer or deputy probation officer under this act shall have, as to any child committed to his care, the power of a peace officer. At any time in his own discretion such officer may bring such child before the court committing such child to his care and custody, for such further or other action as the court may see fit.

SEC. 7. When any child under the age of sixteen years is arrested with or without warrant, such child may be taken directly before a justice of the peace or police judge. In the case of any delinquent child, the justice of the peace or police judge may continue the hearing from time to time, and may, at any time, commit the child to the care and custody of a probation officer and may allow such child to remain in the home of such child, subject to the visitation of the probation officer, such child to report to the probation officer as often as may be required and subject to be returned to the court for further proceedings whenever such action may appear to be necessary. If the justice of the peace or police judge at any time deems it necessary or to the best interest of the child that he should be committed to a state reform school or to the care

and custody of some association, society, or corporation, embracing in its objects the care of neglected, dependent, or delinquent children, or should be placed in a suitable family home, or that a guardian should be appointed for such child, the justice of the peace or police judge shall certify the case with a transcript of the docket or other record to the clerk of the superior court of the county or city and county in which the justices' court or police court is held, and the officer having the child in charge shall take the child before the superior court, and in any such case the superior court may proceed to hear and dispose of the case in the same manner as if the child had been brought before the court on petition as herein provided for dependent children. In any case the court shall require a notice to be given and investigation to be made as in other cases under this act, and may adjourn the hearing from time to time for that purpose.

ings in

SEC. 8. In the case of a child alleged to be delinquent, Proceedwithin the meaning of this act, and brought before the supe- superior rior court, said court may continue the hearing from time to court. time, and may at any time commit the child to the care or custody of a probation officer, duly appointed by the court, and may allow such child to remain in the home of such child subject to the visitation of the probation officer, such child to report to the probation officer as often as may be required and subject to be returned to the court for further proceedings whenever such action may appear necessary, or the court may commit the child to the care or custody of the probation officer, to be placed in a suitable family home, subject to the friendly supervision of such probation officer, and the further order of the court, or it may authorize the said probation officer to board out the said child in some suitable family home in case provision is made by voluntary contribution, or otherwise, for the payment of the board of such child, until a suitable provision may be made for the child in a home without such payment. Or the court may commit the child for such time during its minority, as the court may deem fit, to the care and custody of some association, society, or corporation that will receive it, embracing in its objects the care of neglected, dependent, or delinquent children. Or the court may commit such child to a state reform school, as is now, or may hereafter be provided by law. The court may thereafter set aside, change, or modify such order.

tions on

SEC. 9. No court or magistrate shall commit a child under Restrictwelve years of age to a jail, prison or police station, but if such commit child is unable to give bail it may be committed to the care of ments. the sheriff, police officer, constable, or probation officer, who shall keep such child in some suitable place provided by the city, county, or city and county, outside of the enclosure of any jail or police station. When any child shall be sentenced to confinement in any institution to which adult convicts or prisoners are sentenced or where adults are confined, it shall be unlawful to confine such child in the same room or yard or enclosure with such adult convicts or prisoners, or to permit

Investigating

and duties.

such child to come or remain within sight of or meet or come into or remain in the presence of such adult convicts or prisoners.

SEC. 10. The superior court of each county and city and board, ap. county may appoint a board of six reputable citizens of either pointment who shall serve without compensation, whose duty it shall sex, be to investigate all societies, associations, and corporations receiving, or applying to receive, children under this act; the said board shall report to the court from time to time as to the qualifications of such societies, associations, and corporations. Said board, if required by the court, shall also investigate and report as to the qualifications of any person by or on behalf of whom an application is made to be appointed as probation. officer.

Acts relat

ing to feebleminded

and reform institutions not

SEC. 11. Nothing in this act shall be construed to repeal any portion of the act entitled "An act to establish a state reform school for juvenile offenders, and to make an appropriation therefor," approved March eleventh, eighteen hundred and repealed. eighty-nine, or any of the amendments thereto, or the act entitled "An act to establish the California home for the care and training of feeble-minded children, and provide for the maintenance of the same," approved March eighteenth, eighteen hundred and eighty-five, or any of the amendments thereto, or the act entitled "An act to establish a school of industry, and provide for the maintenance and management of the same, and to make an appropriation therefor," approved March eleventh, eighteen hundred and eighty-nine, or any of the amendments thereto. And in all commitments to said institutions, the acts in reference to said institutions shall govern the same.

Inadmissible record.

Act to be liberally

SEC. 12. No record of, or testimony concerning any proceeding against any child under this act shall be admissible as evidence against such child in any other court or proceeding, except in proceedings under this act.

SEC. 13. This act shall be liberally construed, to the end construed. that its purpose may be carried out, to wit: That the care, custody, and discipline of a child shall approximate as nearly as may be that which should be given by its parents, and in all cases where it can be properly done, the child be placed in an approved family home, with people of the same religious belief, and become a member of the family by legal adoption or otherwise.

CHAPTER XLIV.

An act to amend section thirteen hundred and sixty-six of the Political Code of the State of California, relating to primary elections.

[Approved February 26, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section thirteen hundred sixty-six is hereby amended to read as follows:

tions and

voters.

1366. Qualifications of voters. The qualifications and Qualifica registration of voters and the privileges of electors to attend the registra polls at primary elections shall be subject to the same tests and tion of governed by the same rules and regulations as are in the Constitution and Political Code of this state established and prescribed for general elections; and the same officers who furnish the original affidavits of registration, indexes and supplements thereto, for general elections, as provided for in this code, shall furnish them for use at primary elections. It shall be the duty of the proper officers to furnish the original affidavits of registration, indexes and supplements thereto, for use at primary elections, which shall show the names of all voters entitled to vote at such elections; provided, that where a new registration pursuant to law is not completed in point of time sufficient to permit of its use at the next ensuing primary election, then the original affidavits of registration and indexes used at the last general election in any county, or city and county, in this state, may be used at any primary election, together with the original affidavits of registration since the last election and supplemental indexes, showing all additional registrations, changes and corrections made since the last general registration, completed to and including the twentieth day prior to the primary, which shall be the last day on which any person may register or transfer his registration, so as to entitle him to vote at such primary. And the election commissioners shall fur- Indexes of nish, at least five days prior to any primary election, complete to be furregister sets of indexes of the register and supplements thereto, for nished. each precinct in which a primary election is to be held, to the secretary of each political organization participating in the primary. It is the duty of the county clerk to furnish, at Duty of least forty-eight hours prior to the day on which any primary clerk. election is held, under the provisions of this chapter, to the city or town clerk of the city or town in which a primary is to be held, all the original affidavits of registration, indexes and supplements thereto, for use by the officers of election at all the precincts at said primary election. City and town clerks are required to return to the county clerk, within twenty-four hours after the closing of the polls, all original affidavits of registration by them received from the county clerk.

SEC. 2. This act shall take effect and be in force from and after its passage.

County

Railroad

corpora

tion may sell its property.

of sale.

CHAPTER XLV.

An act amending the Civil Code of the State of California, by adding thereto a new section, numbered 494, authorizing the sale by any railroad company, person or persons, firm or corporation, owning any railroad in this state, of its property and franchises, or any part thereof, to any railroad company, whether organized under the laws of this state or of any other state or territory, or under any act of congress, and describing the conditions and penalties under which such property and franchises so sold may thereafter be operated and used.

[Approved February 27, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. A new section is hereby added to the Civil Code of the State of California, numbered section four hundred and ninety-four, to read as follows:

494. Any railroad corporation, person or persons, firm or corporation, owning any railroad in this state, may sell, convey, and transfer its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any act of congress; and any other such railroad corporation receiving such conveyance may hold and operate such railroad franchises and property within this state, build and operate extensions and branches thereof, and thereunto exercise the right of eminent domain, and do any other business in connection therewith, as fully and effectually to all intents and purposes as if such corporation were organized under the laws of this state; provided, that before such sale, conveyance, or Terms and transfer shall become operative, an agreement in writing must conditions be executed by the parties thereto, containing the terms and conditions of the purchase and sale, and its execution must be authorized by the board of directors and ratified by three fourths of the stockholders of each of the railroad companies that are parties to such conveyance and transfer, and said agreement or conveyance shall be recorded in each county through which said road or roads pass in this state; and provided further, that no sale, conveyance, or transfer under this act shall relieve the franchise or property sold, conveyed, or transferred, from the liability of the grantor contracted or incurred in the operation, use, or enjoyment of such franchise or any of its privileges; Competing provided, that this section shall not authorize any corporation to purchase any railroad property operated in competition with purchased. it; and provided further, that any or all established rates for fares Fares and and tolls for carrying passengers or freight between any points not be in upon any railroad purchased under the provisions of this act, shall not be increased without the consent of the governmental authority in which is vested by law the power to regulate fares

roads shall not be

toll shall

creased.