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38 drawn out of the state treasury on the requisition of the state 39 board of control for the current expenses of the said hospital, 40 and all such moneys are hereby appropriated for that purpose.

"Sec. 34. All moneys which any county shall pay or become 2 liable for under the provisions of this chapter on account of any 3 inmate from the county in any state hospital or training school, 4 the county court of the county may recover, within five years 5 after payment of the same by the county or from the time the 6 county became liable therefor, from the persons and in the man7 ner following, namely: If the inmate be a minor, from his guar8 dian; or, if he have no estate, or it be insufficient, from his father; 9 or, if he have no father or his estate be insufficient, from his 10 mother. If the inmate be an adult, from his or her estate; 11 but if such estate be insufficient, and the inmate be a wife, from 12 the estate of her husband; or, if his estate be insufficient, from 13 the estate of her children, or such of them as have sufficient es14 tate. If the inmate be a husband, and his estate be insufficient, 15 from the estate of his wife; or, if her estate be insufficient from 16 the estate of his children, or such of them as have sufficient es17 tate. It shall be the duty of the guardian or committee of any 18 such inmate to pay to the county of which his ward is a resi19 dent, if he have sufficient estate in his hands to do so, the money 20 so due to the county from his ward. The county court may order 21 its clerk to make out a bill against any such inmate for the sum 22 so due to the county, which bill shall show the different items 23 and the amount of each, and be certified by the clerk as correct, 24 and by him delivered to the sheriff for collection. The clerk shall 25 charge against the sheriff the amount of each of such bills, show26 ing the date when delivered to the sheriff. It shall be the duty of 27 the sheriff to collect the same from the proper person, or the 28 guardian or committee of such inmate. Within sixty days after 29 receiving any such bill, or at the next session of the county court 30 held after the expiration of such sixty days, the sheriff shall make 31 a report to the county court of his acts in respect thereto and re32 turn all such bills he has been unable to collect. The county court 33 may re-deliver any of such bills to the sheriff for collection, and 34 in respect thereto the sheriff shall make report as above provided." Sec. 8. All acts and parts of acts inconsistent with this act 2 are hereby repealed.

CHAPTER 132

(House Bill No. 121-Mr. Hugus, by request.)

AN ACT to amend and re-enact section six of chapter one hundred and eleven of the acts of the legislature of the state of West Virginia, for the year one thousand nine hundred and nineteen, entitled "An Act to amend and re-enact chapter forty-six-a of the code of West Virginia (Barnes' one thousand nine hundred and sixteen), relating to the care and disposition of delinquent children."

[Passed April 26, 1921.

SEC.

6.

In effect ninety days from passage.
Governor May 2, 1921.]

Probation officers; appointment;
qualifications; duty; number;
salary power; how competency
determined.

Be it enacted by the Legislature of West Virginia:

Approved by the

That section six of chapter one hundred and eleven, of the acts of the legislature of West Virginia for the year one thousand nine hundred and nineteen, entitled "An Act to amend and re-enact chapter forty-six-a of the code of West Virginia (Barnes' one thousand nine hundred and sixteen), relating to the care and disposition of delinquent children, be, and is hereby amended and re-enacted to read as follows:

Section 6. The circuit courts and other inferior courts of the 2 several counties in this state which have chancery jurisdiction 3 shall have authority to appoint any number of discreet persons of 4 good moral character to serve as probation officers during the 5 pleasure of the court; said probation officers to receive no com6 pensation from the county treasury except as herein provided. It 7 shall be the duty of the clerk of the court, if practicable, to notify 8 the said probation officer when any child is to be brought before 9 the court, or judge, and it shall be the duty of such probation 10 officer to make investigation of such case, to be present in court 11 or before said judge to represent the interests of the child when 12 the case is heard, to furnish such information and assistance as 13 the court or judge may require, and to take charge of any child. 14 before and after the trial as may be directed by the court or judge. 15 The number of probation officers who may receive compensation 16 from the county, named and designated by the court, shall be as 17 follows: In counties having a population of over forty-eight

18 thousand, one or two probation officers may be appointed, in the 19 discretion of the judge. If two are appointed, one shall be desig20 nated as chief probation officer and the other as assistant proba21 tion officer. The chief probation officer shall receive a salary not 22 exceeding eighteen hundred dollars per year, and the assistant 23 shall receive a salary not exceeding twelve hundred dollars per 24 year, and expenses shall be allowed each probation officer in a sum 25 not exceeding one hundred dollars per year; provided, that in 26 counties having a population over sixty thousand the county 27 court may pay the chief probation officer the sum of three hundred 28 dollars per annum for each ten thousand of its population or 29 fraction thereof; provided, that the maximum sum paid any 30 probation officer under this act shall not exceed three thousand 31 dollars per annum, in counties having a population of over 32 eighteen thousand and less than forty-eight thousand, one proba33 tion officer may be appointed at a salary not to exceed six hundred 34 dollars per year except the county of Berkeley whose salary shall 35 not exceed nine hundred dollars per annum and expenses of pro36 bation work shall be allowed by the county in a sum 37 not to exceed one hundred dollars per year. In all 38 counties of over fifteen thousand population probation offi39 cers receiving compensation from the county may be appointed. 40 by the judge of the circuit court, or other court having juris41 diction, and the said salary or expenses shall be paid in monthly 42 installments from the county treasury. In any county of 43 less than eighteen thousand population, one prohibition officer, at 44 a salary of not to exceed three hundred dollars per year, to be paid 45 as provided for probation officers in other counties, shall be ap46 pointed by the circuit judge or judge of inferior courts having 47 jurisdiction whenever in the opinion of the judge, the county 48 superintendent of schools and a majority of the board of county 49 commissioners of such county it shall be necessary to so care for 50 the delinquent children of the county. The county superintendent 51 of schools and the county commissioners in their respective 52 counties shall constitute a board to investigate the competency of 53 any person appointed to act as a probation officer whenever such 54 probation officer is to receive from the county a salary or other 55 compensation provided for under this act. Any judge appointing 56 such probation officer shall transmit such appointment to such 57 board of the county in which such appointment is made, and it

58 shall be the duty of a majority of said board to approve or disap59 prove of such appointee, within thirty days after submission there60 of by the said judge, and a failure to act thereon within such time 61 shall constitute an approval of such appointment; if a majority 62 of such board are of the opinion that such appointee does not pos63 sess the qualifications for a probation officer, they shall notify the 64 judge of their conclusions within thirty days from the submission 65 of such appointments to the respective members thereof, whereupon 66 it shall be the duty of the judge to withdraw such appointment and 67 appoint some one who shall receive the approval of said board. The 68 court or judge having jurisdiction may apportion the allowance to 69 probation officers between any two or more of them, but not ex70 ceeding the total amount fixed herein as may be deemed best. 71 Probation officers receiving a salary or other compensation from 72 the county, provided for by this act, are hereby vested with all 73 the power and outhority of police or sheriffs to make arrests and 74 perform any other duties ordinarily required by policemen and 75 sheriffs which may be incident to their office or necessary or con76 venient to the performance of their duties; provided that other pro77 bation officers may be vested with like power and authority upon a 78 written certificate from the judge that they are persons of dis79 cretion and good character, and that it is the desire of the court 80 to vest them with all the power and authority conferred by law 81 upon probation officers receiving compensation from the county. 82 In counties of over thirty thousand population, whenever in the 83 opinion of the judge, the board of county commissioners, and the 84 superintendent of schools, additional probation officers to those 85 allowed by law are necessary for the care of the delinquent 86 children, not to exceed two assistant probation officers, in addi87 tion to the ones provided for herein, may be appointed in the man88 ner provided by this act, at a salary of not to exceed six hundred 89 dollars per year.

90

Salaries or compensation of paid probation officers shall be fixed 91 by the judge, not to exceed the sums herein provided for, shall be 92 certified to by the judge or being necessary in and about the 93 performance of the duties of probation officer or officers. The ap94 pointment of probation officers and the approval thereof as to 95 the qualification of such officers by the board herein designated, 96 shall be filed in the office of the clerk of the court. Probation 97 officers shall take oath such as may be required of other county

98 officers to perform their duties and file it in the office of the 99 clerk of the court, by which they have been appointed.

100 Nothing herein contained, however, shall be held to limit or 101 abridge the power of the judge to appoint any number of per102 sons or probation officers, whom said judge may see fit to ap103 point and who may be willing to serve without pay from the 104 county for such services as probation officers.

CHAPTER 133

(House Bill No. 284-Mr. Strother.)

AN ACT to amend and re-enact sections thirty-seven and forty-four of chapter one hundred and eleven of the acts of one thousand nine hundred and nineteen, relating to delinquent children.

[Passed April 12, 1921. In effect from passage. April 20, 1921.]

[blocks in formation]

Approved by the Governor

Same; commitments to; cost of keeping, paid by parents, if able to do so; provisions as to existing detention homes.

Be it enacted by the Legislature of West Virginia:

That sections thirty-seven and forty-four of chapter one hundred and eleven of the acts of the legislature for one thousand nine hundred and nineteen be amended and re-enacted to read as follows:

Section 37. When it shall appear to the county court of any 2 county in the state, that a necessity exists for the establishment 3 of a detention home for the temporary care and custody of de4 linquent, truant children, the court may submit the question of 5 locating, purchasing, erecting, leasing or otherwise providing 6 and establishing, and supporting and maintaining such deten7 tion home, and to levy and collect a tax to cover the cost of the 8 same, to the legal qualified voters of the county as hereinafter 9 provided.

Sec. 44. Any court acting under and in pursuance of this 2 act or any amendments thereto, may commit any child coming 3 within the terms of said act to said home, temporarily, and shall 4 require the parents of such child to pay into the county treasury, 5 monthly, a sum equal to the cost of keeping such a child so 6 long as it may be confined in the detention home; provided, that

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