Penalties.

§ 21. Any person who shall commit any act or omit the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of twenty-one years to come within the provisions of any of subdivisions one to thirteen inclusive of section one of this act, or which act or omission contributes thereto, or any person who shall, by any act or omission, or by threats, or commands, or persuasion, induce or endeavor to induce any such person, under the age of twenty-one years, to do or to perform any act or to follow any course of conduct, or to so live as would cause or manifestly tend to cause any such person to become or to remain a person coming within the provisions of any of subdivisions one to thirteen inclusive of section one of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for not more than two years, or by both such fine and imprisonment, or may be released on probation for a period not exceeding five years; and the superior court, sitting as a juvenile court, shall have original jurisdiction over all such misdemeanors. The court may also, as a condition of such probation, require a bond in such sum as the court may designate, to be approved by the judge requiring the same, to secure the performance by such person of the conditions imposed by the court on such probation. Such bond shall by its terms be made payable to the State of California and any moneys received for the breach thereof shall be paid into the county treasury.

Detention home. Superintendent and matron.

§ 22. It shall be the duty of the legislative body of every county, or city and county, immediately upon this act becoming effective, to provide and thereafter maintain, at the expense of such county, or city and county, in a location approved by the judge of the juvenile court, a suitable house or place to be known as the "detention home" of said county, or city and county, for the detention of wards of the juvenile court and of persons alleged to come under the provisions of subdivisions one to thirteen inclusive of section one of this act. Such detention home must not be in, or connected with any jail, or prison, and shall be conducted in all respects as nearly like a home as possible and shall not be deemed to be nor be treated as a penal institution. Such legislative body must also provide for a suitable superintendent and matron to have charge of such detention home, and for such other employees as may be needed in the efficient management of such detention home, and provide for the payment, out of the general fund of the county, or city and county, of suitable salaries for such superintendent, matron and such other employees, such superintendent, matron and other employees to be appointed by said legislative body upon the nomination of the probation committee and the approval of the judge of the juvenile court. The superintendent of the detention home shall keep a classified list of expenses, and shall file a

duplicate copy with the county board of supervisors. The superintendent, matron, or other employee of such detention home, may, at any time be removed by the probation committee in its discretion.

Appeal from judgment.

§ 23. Every judgment or decree of a juvenile court assuming jurisdiction and declaring any person to be a ward of the juvenile court or a person free from the custody and control of his parents may be appealed from in the same manner as any final judgment, and any subsequent order may be appealed from as from an order after judgment; but no such order or judgment shall be stayed by such appeal, unless suitable provision is made for the maintenance, care and custody of such person pending the appeal, to be approved by an order of the said juvenile court. Such appeal shall have precedence in the court to which the appeal is taken over all other cases.

Construction of act.

§ 24. This act shall be liberally construed, to the end that its purpose may be carried out, to wit, that the care, custody and discipline of a ward of the juvenile court, as defined in this act, shall approximate as nearly as may be that which should be given by his parents, and in all cases where it can be properly done, the ward of the juvenile court, as defined in this act, shall be placed in an approved family, with people of the same religious belief, and become a member of the family, by legal adoption or otherwise. All commitments to institutions or for placement in family homes under this act shall be, so far as practicable, either to institutions or for placement in family homes of the same religious belief as that of the person so committed or of his parents or to institutions affording opportunity for instruction in such religious belief. In any detention or commitment under this act, no merely unfortunate person shall be brought into direct contact or personal association with any wayward person of evil influence. In all cases of female persons over the age of five years coming under the provisions of this act, such persons shall be dealt with, so far as possible, by or in the presence of a woman probation officer, assistant probation officer, deputy probation officer, a woman member of the probation committee, or other woman; and in transporting female persons coming under any of the provisions of this act, such persons shall be transported in the care and custody of a woman. In this act the word "county" shall include "city and county," the plural shall include the singular, and the singular shall include the plural, and the word "ward" shall mean "a ward of the juvenile court," as defined in this act.

Acts superseded.

§ 25. This act shall supersede all provisions of the act entitled "An act to establish a state school for juvenile offenders, and to make an appropriation therefor," approved March 11, 1889, and all amendments thereto, and all provisions of the act entitled "An act to establish a school of industry, to provide for the maintenance and management of the same,

and to make an appropriation therefor." approved March 11, 1889, and all amendments thereto, relating to the mode of commitments to the institutions therein named; but said acts shall control as to all matters concerning the management of said institutions, respectively.

Acts repealed.

26. The juvenile court law approved March 8, 1909, as amended by an act approved April 5, 1911, and as amended by an act approved June 16, 1913, and all amendments thereof, and all acts or parts of acts inconsistent herewith are hereby repealed; provided, however, that nothing herein contained shall be deemed to interfere with the management of any state school except as herein expressly provided; provided, further, that all orders and judgments heretofore made under the acts hereby repealed shall continue in full force and effect and the court shall retain jurisdiction of all persons now subject to the jurisdiction thereof, and such persons shall be herein dealt with in the same manner as if all previous orders had been made under the provisions of this act, and all proceedings now pending under said act shall be continued under the provisions of this act. Persons charged with crime under the provisions of section twenty-six of said law of nineteen hundred eleven, or section twenty-eight of ‍said law of nineteen hundred thirteen, shall be tried and punished under the law as it existed at the time of said alleged offense.

All officers holding office under the provisions of said acts shall be continued therein, subject hereto and nothing herein contained shall be deemed to interfere with their term or tenure of office.

Constitutionality.

§ 27. If any one section or sections, or portion or portions of a section, or any paragraph or paragraphs, or sentence or sentences of this act are declared invalid such declaration shall not affect the rest of the law.

PRESTON SCHOOL OF INDUSTRY.*

An act to establish a school of industry, to provide for the maintenance and management of the same, and to make an appropriation therefor. [Approved March 11, 1889; amended 1893, 1909, 1915; Statutes 1889, p. 100; 1893, p. 39; 1909, p. 964; 1915, p. 849.]

Preston School of Industry.

§ 1. There shall be established at or within a convenient distance from Tone City, in the county of Amador, in said State, an educational institution to be designated as the Preston School of Industry.

*By Section 25 of the Juvenile Court Law of 1915, provisions of the above net relating to the mode of commitments were superseded. These provisions, together with sections relating to the first establishment of the school, are omitted in this reprint.

Government and supervision.

§ 3. The general government and supervision of said school shall be vested in a board of trustees, consisting of three citizens of the State of California, who shall be appointed by the governor. The members of said board shall hold their offices for the respective terms of two, three and four years, from the first day of July, eighteen hundred and ninety-three, and until their successors shall be appointed and qualified, said respective terms to be designated in their appointments; and thereafter, upon the expiration of such terms, there shall be one of said board appointed, whose term of office shall be continued four years, and until his successor is appointed and qualified. Said trustees, before entering on the discharge of the duties of their office, shall each take an oath faithfully to discharge the same. [Amended, Statutes 1893, p. 39.]

§ 6. No member of the board or employee of the institution shall be interested in any contract or enterprise in connection with said school. [Amended, Statutes 1893, p. 39.]

Construction of act.

$ 7. This act shall be construed as the sole and exclusive act on the subject matter contained herein, unless specially or otherwise herein provided; and none of the provisions of an act entitled "An act to regulate contracts on behalf of the state in relation to erections of buildings," approved March 23, 1876, or any other act, unless herein specially referred to, shall apply to or govern or limit this act, or any of the powers or duties in this act conferred upon said board.

No association with convicts.

$ 8. Nothing in this act contained shall be so construed as to permit any convict or convicts, undergoing sentence in either of the state prisons of California, to associate with or be so employed as to mingle with any person or persons undergoing commitment in the said school.

Military discipline.

9. The said school shall be conducted on such plan as to the board may seem best calculated to carry out the intentions of this act, and its inmates shall be subject to military discipline, including daily drill. They shall be clothed in military uniform of such pattern and material as may be prescribed by the board, but under no circumstances shall such inmates be clothed in convict stripes while undergoing commitment in said school. [Amended, Statutes 1893, p. 39.]

Compensation of board members.

§ 10. The members of the board shall receive no compensation for their services, but shall be allowed their reasonable expenses incurred while in the discharge of their official duties. The salaries or wages of all officers or employees of the school shall be fixed by the board in accordance with law. [Amended, Statutes 1915, p. 849.]

Superintendent.

§ 11. The board shall elect a superintendent, a military instructor, and a secretary. The superintendent and secretary shall give such bonds for the faithful performance of their duties as the board shall determine. The bond of the superintendent shall be for a sum of not less than ten thousand dollars, and that of the secretary of not less than five thousand dollars. The military instructor must be a man who is a good disciplinarian and skilled in military tactics. He shall receive from the governor a commission with the rank of major. He shall perform such duties and receive such salary as the board may prescribe. The board shall meet once in three months for the transaction of business. Special meetings may be called by the president when deemed necessary.

Instruction.

§ 12. The board shall cause to be organized and maintained a department of instruction for the inmates of said school, with a course of study corresponding as far as practicable with the course of study in the public schools of this state, but the course shall not be higher than the course prescribed in grammar schools. They shall adopt a system of government, embracing such laws and regulations as are necessary for the guidance of the officers and employees, for the regulation of the hours of study and labor, for the preservation of order, for the enforcement of discipline and military training, for the preservation of health, and for the industrial training of the inmates. The ultimate purpose of all such instruction, discipline, and industries shall be to qualify the inmates for honorable and profitable employment after their release from the institution, rather than to make said institution self-sustaining. The board shall also determine the number of officers and employees required, and shall prescribe their duties and fix the amount of their compensation.

Duty of superintendent.

§ 13. The superintendent, before entering upon the discharge of his duties, shall make and file with the board an oath that he will faithfully and impartially discharge the duties of his office. Thereupon he shall, subject to the regulations prescribed by the board, be invested with the custody of the lands, buildings, and all other property belonging to and under the control of the said institution. He shall receive for his services a salary not exceeding the sum of three thousand dollars per annum. He shall appoint, except as hereinbefore provided, all officers and employees of said institution, who shall hold office during his pleasure. He shall