■i • J ■ . ^ (j^eX^aJife^ V\foM<. V ■ .■' • Library of the University of North Car€>lina Endowed by the Dialectic and Philan¬ thropic Societies STATE LAWS GOVERNING Public W elfare W ork IN NORTH CAROLINA CONTENTS PAGE State Board of Charities and Public Welfare . 3 County Boards of Charities and Public Welfare 5 County Superintendent of Public Welfare . . 6 Laws and Agencies for Protection of Children . 10 Institutions for Children . 48 Hospitals for the Insane .59 State Prison . 76 County Prisons and Prisoners ...... 86 The Care of the Poor .95 Confederate Pensions . 100 Laws Relating to Morals and Venereal Disease . 104 Vagrants and Tramps . . 116 Seats for Women . 118 Separate Toilets for Sexes and Races . . . . 118 Index . 119 SPECIAL BULLETIN No. 1 ISSUED BY THE NORTH CAROLINA STATE BOARD OF CHARITIES AND PUBLIC WELFARE MRS. KATE BURR JOHNSON, CommissioneT RALEIGH, N. C. 4 STATE LAWS GOVERNING Public Welfare Work IN NORTH CAROLINA SPECIAL BULLETIN, No. 1 ISSUED BY THE N C STATE BOARD OF CHARITIES AND PUBLIC WELFARE Mrs, Kate Burr Johnson, Commis&ioyier Raleigh, N. C. 1923 RALEIGH Capital Printing Company STATE PRINTERS 1923 STATE LAWS GOVERNING PUBLIC WELFARE WORK IN NORTH CAROLINA STATE BOARD OF CHARITIES AND PUBLIC WELFARE C. S. 5004. Election and teiTn of office. There shall be elected by the General Assembly, upon the recommendation of the Governor, seven persons who shall be styled “The State Board of Charities and Public Welfare,” and at least one of such persons shall be a woman. At the session of the General Assembly for the year one thousand nine hundred and seventeen all the members of such board shall be elected, three for a term of two years, two for a term of four years, and two for a term of six years; and thereafter the term shall be six years for all. The election shall be by concurrent vote of the General Assembly, and appointments to fill vacancies in the board arising . from any cause whatsoever, except expiration of term, shall be made for the residue of such term by the Governor. The members of the board shall serve without pay, except that they shall receive their necessary expenses. C. S. 500 5. Meetings of board. The board shall hold meetings at least quarterly, and whenever called in session by the chairman, and shall make such rules and orders for the regulation of its own proceedings as it deems proper. C. S. 500 6. Powers and duties of board. The board shall have the following powers and duties, to wit: 1. To investigate and supervise, through and by its own members or its' agents or employees, the whole system of the charitable and penal institu¬ tions of the State, and to recommend such changes and additional provisions as it may deem needful for their economical and efficient administration. 2. To study the subjects of nonemployment, poverty, vagrancy, housing conditions, crime, public amusement, care and treatment of prisoners, divoice and wife desertion, the social evil and kindred subjects and their causes, treatment, and prevention, and the prevention of any hurtful social condition. 3. To study and promote the welfare of the dependent and delinquent child and to provide, either directly or through a bureau of the board, foi the jDlacing and supervision of dependent, delinquent, and defective children. 4. To inspect and make report on private orphanages, institutions, maternity homes, and persons or organizations receiving and placing chil¬ dren, and to require such institutions to submit such reports and information as the State board may determine. 5. To grant license for one year to such persons or agencies to carry on such work as it believes is needed and is for the public good, and is con¬ ducted by reputable persons or organizations, and to revoke such license when in its opinion the public welfare or the good of the children therein is not being properly subserved. 4 State Laws on Public Welfare 6. To issue bulletins and have same printed to such amount and extent as may be approved by the State Printing Commission, and in other ways to inform the public as to social conditions and proper treatment and reme¬ dies for social evils. 7. To issue subpoenas and compel attendance of witnesses, administer oaths, and to send for persons and papers whenever it deems it necessary in making the investigations provided for herein or in the other discharge of its duties, and to give such publicity to its investigations and findings as it may deem best for the public welfare. 8. To employ a trained investigator of social service problems who shall be known as the Commissioner of Public Welfare, and to employ such other inspectors, officers, and agents as it may deem needful in the discharge of its duties. 9. To recommend to the Legislature social legislation and the creation of necessary institutions. 10. To encourage employment by counties of the county superintendent of public welfare and to cooperate with the county superintendent of public welfare in every way possible. 11. To attend, either through its members or agents, social service conven¬ tions and similar conventions, and to assist in promoting all helpful publicity tending to improve social conditions of the State, and to pay out of funds appropriated to the State board expenses, salaries of employees, and all other expenses incurred in carrying out the duties and powers hereinbefore set out. C. S. 5007. Investigate and rei^ort on mental and physical inflnnities. The board shall also give special attention to the causes of insanity, defect or loss of the several senses, idiocy, and the deformity and infirmity of the physical organization. They shall, besides their own observation, avail them¬ selves of correspondence and exchange of facts of the labors of others in these departments, and thus be able to afford the General Assembly data to guide them in future legislation for the amelioration of the condition of the people, as well as to contribute to enlighten public opinion and direct it to interests so vital to the prosperity of the State. The State board shall keep and report statistics of the matters hereinbefore referred to, and shall com¬ pile these reports and analyze them with a view of determining and remov¬ ing the cause in order to prevent crime and distress. C. S. 50 0 8. Inspection of county i)risons; reports required. The State board shall have power to inspect county jails, county homes, and all prisons and prison camps and other institutions of a penal or charitable nature, and to require reports from sheriffs of counties and superintendents of public welfare and other county officers in regard to the conditions of jails or alms¬ houses, or in regard to the number, sex, age, physical and mental condition, criminal record, occupation, nationality and race of inmates, or such other information as may be required by the State board. The plans and specifica¬ tions of all new jails and almshouses shall, before the beginning of the con¬ struction thereof, be submitted for approval to the State board. C. S. 5 009. Bieuiuial reports to General Assembly. The State board shall biennially prepare and submit to the General Assembly a complete and full report of its doings during the preceding two years, showing the actual conditions of all the State institutions under its supervision, with such sug- State Laws on Public Welfare 5 gestions as it may deem necessary and pertinent, which shall be printed by the State printer, and shall report such other matters as it may think for the benefit of the people of the State. C. S. 5010. Attention secured for insane and other unfortunates. Whenever the board shall have reason to believe that any insane person, not incurable, is deprived of proper medical treatment, ^d is confined in any almshouse or other place, whether such insane person is a public charge or otherwise, it shall be the duty of the board to cause such insane person to be conveyed to the proper State hospital for the insane, there to receive the best medical attention. So, also, it shall be their care that all the unfortu¬ nates shall receive benefit from the charities of the State. C. S. 5011. Public institutions to furnish information. The board may require the superintendents or other officers of the several charitable and penal institutions of the State to report to them any matter relating to the inmates of such institutions, their manner of instruction and treatment, with structure of their buildings, and to furnish them any desired statistics upon demand. C. S. 5012. Relatives ineligible to appointment in State institutions. No person shall be appointed to any place or position in any of the State institutions under the supervision of the State board who is related by blood or marriage to any member of the State board or to any of the princi¬ pal officers, superintendents, or wardens of State institutions. C. S. 5 013. Failure of officers to funiish infonnation. If the board of commissioners of any county or the justices of the peace of any township, or any officer or employee of any charitable or penal institution of the State shall fail, refuse, or neglect to furnish any information required by law to be furnished to the State Board of Charities and Public Welfare, when they have been provided with the necessary blank forms for such reports, or shall fail upon request to afford proper facilities for the examination of any charitable or penal institution of the State, they shall be guilty of a misdemeanor. COUNTY BOARDS OF CHARITIES AND PUBLIC AV ELFARE C. S. 5014. County boaM of charities, etc.; appointmeut; duty. The State board shall appoint in each county three persons, to be known as the county board of charities and public welfare, whose duty shall be to advise with and assist the State board in the work in the county, to make such visitations and reports as the State board may request, and to act in a gen¬ eral advisory capacity to the county and municipal authoiities in dealing with questions of dependency and delinquency, distribution of the poor funds, and social conditions generally. The members of the county board of chari¬ ties and public welfare shall serve without pay. The State board shall have power and right at any time to remove any member of the county board. C S 5015. Term of office and meetings of board. The county boaid of charities and public welfare shall be appointed one for one year, one for two years, and one for three years, and subsequent appointments shall be for a term of three years. The persons so appointed shall meet immediately after their appointment and organize by electing a chairman, and the county superintendent of public welfare shall act as secretary. The county board shin meet at least once a month with the county superintendent ot public welfare, and advise with him in regard to problems pertaining to his office. 6 State Laws on Public Welfare COUNTY SI PEllINTENDENT OF PUBLIC WELFARE Chap. 128, Public Laws 1921. Election. On the second Monday in July, nineteen hundred and twenty-one, and on the second Monday in July every two years thereafter, the county board of education and the board of county commissioners of every county in North Carolina shall meet in joint session for the purpose of electing a county superintendent of public welfare, who shall serve for the ensuing two years and until his successor is elected and qualified. The county superintendent of public instruction shall serve as secretary of the joint meeting, make permanent record of the proceedings, and issue all notices and reports necessary, previous and subsequent to the meeting. The person elected county superintendent of public welfare shall be qualified by character, fitness, and experience to well discharge the duties thereof. No one so elected shall begin the work of this position until he shall have received a certificate of approval of his fitness from the State Board of Charities and Public Welfare; and in case such approval is not received, the two boards shall, upon receiving notice thereof, proceed immediately in like manner to elect another person. In case of a tie vote, the matter may be referred for decision to the State Commissioner of Public Welfare. A joint session of the two boards may be held at any time on the call of the chair¬ man of either board for the purpose of discussing the work relating to the office; and a superintendent may be dismissed by joint action for proven unfitness or failure in the performance of duty and his successor elected. It is hereby declared to be the purpose of this section that the board of educa¬ tion and the board of county commissioners shall act in a spirit of mutual cooperation for the purpose of obtaining the best possible results in carrying out the intention of this act. The joint meeting shall fix the salary of the county superintendent of public welfare, which sum shall be sufficient to secure the services of a well qualified person and one-half of which shall be paid from the funds of each board, and a reasonable expense fund shall be provided by each board for carrying on the work, which sum shall be separate from that allowed as salary for the county superintendent. In counties hav¬ ing a population of less than thirty-two thousand (32,000) by the census of nineteen hundred and twenty, and in counties where, on January first, nine¬ teen hundred and twenty-one, the superintendent of education was perform¬ ing the functions of county superintendent of public welfare, the board of county commissioners shall have the option of taking part or of not taking part in the election of a county superintendent of public welfare, and where the county commissioners do not desire to so participate, the county superintendent of public instruction shall become ex officio county superintendent of public welfare. Whenever by such action a county superin¬ tendent of public instruction becomes ex officio county superintendent of pub¬ lic welfare, he shall receive no salary in addition to that received as county superintendent of schools, but the board of education, by and with the approval of the board of commissioners, shall furnish him such clerical or other assistance as it deems necessary to have the compulsory school attend¬ ance law fully enforced in accordance with the rules and policy laid down by the State Board of Education, and the board of county commissioners shall furnish a reasonable expense fund for carrying out the other duties attached by law to the office of county superintendent of public welfare. All such duties shall be as binding upon the county superintendent of public welfare as they would be in case he were not county superintendent of schools. Every county superintendent of public welfare shall make such reports of his work to the county board of education and the board of commissioners as said boards may require. State Laws on Public Welfare 7 C. S. 5017. Powers and duties of county superintendent. The county superintendent of public welfare shall be chief school attendance officer of the county, and shall have other duties and powers as follows: 1. To have, under control of the county commissioners, the care and super¬ vision of the poor, and to administer the poor funds. 2. To act as agent of the State board in relation to any work to be done by the State board wTthin the county. 3. Under the direction of the State board, to look after and keep up with the condition of persons discharged from hospitals for the insane and from other State institutions. 4. To have oversight of prisoners in the county on parole from peniten¬ tiaries, reformatories, and all parole prisoners in the county. 5. To have oversight of dependent and delinquent children, and especially those on parole or probation. 6. To have oversight of all prisoners in the county on probation. 7. To promote wholesome recreation in the county and to enforce such laws as regulate commercial amusement. 8. Under the direction of the State board, to have oversight over dependent children placed in the county by the State board. 9. To assist the State board in finding employment for the unemployed. 10. To investigate into the cause of distress, under the direction of the State board, and to make such other investigations in the interest of social welfare as the State board may direct. C. S. 5018. Joint city and county welfare work. In counties where there are cities which already have a local board of welfare or other social agencies, or which may wish to establish such, the governing bodies of such cities may make such arrangements with the county commissioners to con¬ solidate the work under the authority and supervision of the county board of charities and public welfare as may be mutually agreed upon with such division of expenses as may be equitable. The governing bodies of such cities and the county commissioners are authorized to make such provision for the expense of carrying on the work as they may deem advisable, and may delegate to the county board of public welfare all necessary power. Rulings of the Attorney-General on Election of Superintendents of Public AVelfare State of North Carolina Department of Attorney-General Raleigh Mrs. C. a. Johnson, July 7, 1921. State Commissioner of Public Welfare, Raleigh, N. C. Dear Mrs. Johnson:—You ask this office to interpret the following provi¬ sion of chapter 128, Public Laws 1921, with reference to the manner of the election of county superintendents of public welfare: “On the second Monday in July, nineteen hundred and twenty-one, and on the second Monday in July every two years thereafter, the county board of education alnd the board of county commissioners of every county in North Carolina shall meet in joint session for the purpose of electing a county suprintendent of public welfare, who shall serve for the ensuing 8 State Laws on Public elfabe two years, and until his successor is elected and qualified. The county superintendent of public instruction shall serve as secretary of the joint meeting, make permanent record of the proceedings, and issue ^all notices and reports necessary previous and subsequent to the meeting. There are two legal deductions from the use of the terms joint session in the connection in which they are used: First, there must be a quorum of both the board of education and of the board of county commissioners present before a joint session can be held, and second, these quorums being present, the various members of the two bodies, when in joint session, vote as indi¬ viduals composing the joint meeting. This being true, the meeting itself selects its own presiding officer. That presiding officer has a vote as a mem¬ ber of the joint session, but none to break a tie, the statute expressly providing that in case of a tie vote the matter may be referred to the State Commission of Public Welfare. The view we have adopted, that the joint session elects its own presiding officer, is given force by the express provision of the statute that a county superintendent of public instruction shall serve as secretary of the joint meeting. If the Legislature had intended that the chairman of the board of county commissioners or the chairman of the county board of education should preside over the joint session, it would have so declared. As it is, they are as eligible to be elected chairman of the joint session as any other member of either of the bodies composing that joint session. Yours very truly, (Signed) James S. Manning, Attorney-General. State of Noktii Carolina Department of Attorney-General Raleigh Mrs. C. a. Johnson, June 16, 1921. State Commissioner of Public Welfare, Raleigh, N. G. Dear Mrs. Johnson: —You ask the interpretation of this office upon the fol¬ lowing which is part of section 1, chapter 128, Public Laws of 1921: “In any county of less than 32,000 population, where the county com¬ missioners do not desire to so participate, the county superintendent of public instruction becomes ex officio county superintendent of public wel¬ fare. He shall receive no salary in addition to that received as county superintendent of schools, but the board of education, by and with the approval of the board of commissioners, shall furnish him such clerical or other assistance as it deems necessary to have the compulsory school attendance law fully enforced in accordance with the rules and policy laid down by the State Board of Education, and the board of county commissioners shall furnish a reasonable expense fund for carrying out the other duties attached by law to the office of county superintendent of public welfare.” It is clear that though the county superintendent of public instruction, who becomes ex officio county superintendent of public welfare, is to receive no additional salary, yet he also is to be put to no additional expense. The expenses incurred in performing the duties of county superintendent of pub¬ lic welfare are provided for in this way. The county board of education, with the approval of the board of commissioners, must furnish him, and pay the cost of such furnishing, such clerical or other assistance as it deems necessary to have the compulsory school attendance law fully enforced, while the board 9 State Laws on Public Welfare of county commissioners must, from the general funds of the county, furnish a reasonable expense fund for carrying out the otheu duties attached by law to the office of county superintendent of public welfare. The approval of the board of commissioners to the clerical or other assistance furnished him by the board of education must be interpreted in the light of the preceding decla¬ ration of the Legislature: “It is hereby declared to be the purpose of this section that the board of education and the board of county commissioners shall act in a spirit of mutual cooperation for the purpose of obtaining the best possible results in carrying out the intention of this act.” The approval required of the county commissioners, then, does not extend to a positive veto to supplying the superintendent with the clerical or other assistance. The statute expressly requires that these should be furnished to him. It extends only so far as to give the county commissioners authority to deter¬ mine jointly with the board of education the amount, the cost and the per¬ sonnel of the clerical assistance furnished. We think, also, that the require¬ ment upon the county commissioners to furnish a reasonable expense fund is mandatory, with the determination of its reasonableness a matter for them in the first instance. We think there is nothing in the act which gives the board of county commissioners a veto upon any of its provisions, except that they may or may not take part in an election of a county superintendent of public welfare in counties of the description contained in section 1, a portion of which is quoted above. Yours very truly, (Signed) James S. Manning, Att07'ney-General. State of North Carolina Department of the Attorney-General Raleigh Mrs. Clarence A. Johnson, July 5, 1921. State Board of Charities and Public Welfare, Raleigh, N. C. Dear Mrs. Johnson: —The General Assembly of 1921, chapter 128 of the Pub¬ lic Laws, requires the county superintendent of public welfare to be elected on the second Monday in July, 1921, and on the second Monday in July every two years thereafter. The old section, 5016, of the C. S. required this elec¬ tion not later than July 15. In both statutes he was elected at a joint meeting of the board of commissioners and the county board of education. Under the old statute his tenure of office was at the pleasure of the board, under the new, he is given a definte term of office, two years. It is important, then, that the election should be held and the term commence at the time fixed by the Legislature, the second Monday in July. The Legislatuie evidently intended that the terms of all incumbents should expire at that time, it makes no difference when they were elected. While it may be that an elec¬ tion held at a later period would not be invalidated thereby, yet it is impor¬ tant for more reasons than one that the election should be held at the regular Yours very truly, (Signed) James S. Manning, Attorney-General. 10 State Laws on Public Welfare JjAWS and AGEXCII^]S for the protection of CHnjDREN Child Labor Regulations C. S. 5031. Child AVelfare Commission created; duties. The State Superintendent of Public Instruction, the Secretary of the State Board of Health, and the Commissioner of Public AVelfare of the State of North Caro¬ lina are hereby constituted the State Child Welfare Commission, and they shall serve without additional compensation. It shall be the duty of this commission to make and formulate such rules and regulations for enforcing and carrying out the provisions of this article, and of the laws relating to seats for women employees, and the laws requiring separate toilets for sexes and races, as in its judgment it shall deem necessary. C. S. 5032. Employment of children under fourteen regulated. No child under the age of fourteen years shall be employed or permitted to work, in or about or in connection with any mill, factory, cannery, workshop, manu¬ facturing establishment, laundry, bakery, mercantile establishment, office, hotel, restaurant, barber shop, bootblack stand, public stable, garage, place of amusement, brick yard, lumber yard, or any messenger or delivery service, except in cases and under regulations prescribed by the commission herein¬ after created. The employments in this section enumerated shall not be construed to include bona fide boys’ and girls’ canning clubs recognized by the Agricultural Department of this State; and such canning clubs are hereby expressly exempted from the provisions of this article. C. S. 503 3. Prohibited employments of children under sixteen. No person under sixteen years of age shall be employed or permitted to work at night in any of the places or occupations referred to in the first preceding section, between the hours of 9 p. m. and 6 a. m., and no person under sixteen years of age shall be employed or permitted to work in or about or in con¬ nection with any quarry or mine. C. S. 5034. Age certificates. If the employer of any person under sixteen years of age shall, at the time of such employment, in good faith, procure, rely upon, and keep on file a certificate issued in such form and under such conditions and by such persons as the said commission herein provided for shall prescribe, showing that the person is of legal age for such employment, such certificate shall be prima facie evidence of the age of the person and the good faith of the employer. No person shall knowingly make a false statement or present false evidence in or in relation to any such certificate or application therefor, or ^ cause any false statement to be made which may result in the issuance of an improper certificate of employment. / C. S. 5035. Commission may employ agents. The commission shall have authority to appoint and employ such agents for the purpose of enforc¬ ing the provisions of this article as may be found to be necessary, and they may use the county superintendent of public welfare or chief school attend¬ ance officer or truant officer of the several counties for the purpose of carry¬ ing out such provisions, and they may use the agents specially designated for carrying out the provisions of this article to aid in carrying out the provi¬ sions of the general compulsory school attendance law under subchapter nine (IX) of the chapter on education. C. S. 5036. Inspection by agents; obstruction unlawful. For the pur¬ pose of securing the proper enforcement of the provisions of this article and 11 State Laws on Public Welfaee of the laws relating to seats for women employees, and the laws requiring separate toilets for sexes and races, the commission, or its duly authorized agents, shall have authority to enter and inspect, at any time, mines, quar¬ ries, mills, factories, canneries, workshops, manufacturing establishments, laundries, bakeries, mercantile establishments, offices, hotels, restaurants, barber shops, bootblack stands, public stables, garages, places of amusement, brick yards, lumber yards, and other places of employment; and it shall be unlawful for any person, firm, or corporation to refuse permission to enter, obstruct, or prevent any duly authorized agent of the commission in his effort to make the inspection herein provided for. C. S. 503 8. Violations of this article and of certain other laws a mis¬ demeanor. Any person, firm, or corporation violating any of the pro¬ visions of this article, or of the laws relating to seats for women employees or of the laws requiring separate toilets for sexes and races, shall be guilty of a misdemeanor, and punished by fine or imprisonment, or both, within the discretion of the court. Rulings of the State Child Welfare Commission on the Child Labor Law The State Child Welfare Commission, in executive session on August 6, 1919, made the following rulings, which have the force of law: 1. No child of any age under sixteen years shall be permitted to work in any of the occupations mentioned in section 5, before 6 o’clock in the morning or after 9 o’clock at night. This ruling is made mandatory by section 6, and the law gives no discretion to the commission to modify the same. 2. No girl under fourteen years of age shall be permitted to work in any of the occupations mentioned in section 5. The reason for this is that if the womanhood of the State is to be properly conserved in the future, girls of tender age certainly should not be allowed to run the dangers of association inherent in employment in public places. 3. No child under fourteen years of age shall be employed in any of the occupations mentioned in section 5, for more than eight hours in any one day. 4. (Revised September 6, 1921). Boys between twelve and fourteen years of age may be employed in the enumerated occupations when the public school is not in session when it is shown to the county superintendent of public welfare or other authorized agent of the commission that the proposed employment is not to the injury of the health or morals of the child. But in no case shall such employment be legal until a certificate has been issued by the county superintendent of public welfare or other authorized agent of the commission on blanks furnished by the State commission. Before determin¬ ing the question the county superintendent of public welfare or other author¬ ized agent may, if he deem it necessary, require a physical examination of the child by the public health officer or other practicing physician. The em¬ ployment certificate is to be issued only upon documentary evidence or proof of age as required by the commission. 5. During the time that the public school is in session boys between twelve and fourteen vears of age may be employed on Saturday and out of school hours on the same conditions as above, provided that such employment does not interfere with their school work. Where school officials have provided for what is known as continuation schools, and where arrangement has been made to make the outside employment a unit of the school work, boys of this age may be, in specific cases, allowed to be occupied in employment during school hours for a limited time, at the discretion of the superintendent of the school. 12 State Laws on Public Welfare The State Child Welfare Commission, in executive session on September 6, 1921, made the following rulings, which have the force of law: 6. . . . No child, claiming to be fourteen or sixteen years of age, but whose actual age is doubtful, shall be permitted to work in any of the occupa¬ tions mentioned in sections 5 and 6 until an Age Certificate has been issued by the superintendent of public welfare or other authorized agent of the commission in accordance with the provisions of section 10 of this act. The design of this section being to insure the proper enforcement of the compulsory school law, to prevent the employment of any person con¬ trary to the law, and to free the employer from liability under this act. An Age Certificate to be issued only upon documentary evidence or proof of age as required by the commission. 7. . . . On and after March 1, 1922, the superintendent of public wel¬ fare and other authorized agents of the commission shall require a school record of evidence for any child under sixteen years of age who makes appli¬ cation to engage in employment in any of the occupations mentioned in sec¬ tions 5 and 6 before issuing either an Employment Certificate or Age Certifi¬ cate. The school record to be prepared by school official or teacher in accord¬ ance with the approved school code for children and the accredited record system for schools approved by the Department of Education. 8. . . , On and after March 1, 1922, the superintendent of public welfare and other authorized agents of the commission shall require a physical examination by a health officer or practicing physician, upon forms approved by the commission, of any child under sixteen years of age, who makes application for employment, except in cases where the child has received physical examination by a medical officer of the State Bureau of Medical Inspection of Schools. 9. . . . The superintendent of public welfare is specially designated and commissioned as the authorized agent of the State Child Welfare Com¬ mission in the several counties to assist in enforcing and carrying out the provisions of child labor law and other acts relative to business and industry. In this position equal care is required to supervise and direct those employed and to correct any influence that would injure the welfare of any person or contribute to truancy or delinquency of any child. 10. . . . The superintendent of public welfare and other authorized agents of the commission shall suspend any certificate for employment when a condition is found that will injure the health or morals of a child pending the action of the commission, or revoke any certificate issued on false evidence. Employments Not Prohibited It is to be noted that the law does not prohibit the employment of children in occupations other than those enumerated in section 5, such as farming and domestic employment. It is assumed, also, that it does not affect children who are kept by their parents under their direct personal control in or about places owned and operated by the parents themselves, except in prohibited hours. The reason for this is that parents are supposed to control and care for their own children wherever they may be with them. General Purposes The commission feels that it should call the attention of parents, public officers, ministers, educators, social workers and thinkers, and the public generally to the fact that the Legislature intended this act to be a measure for child welfare, and to solicit the aid and cooperation of all in securing the State Laws on Public Welfare 13 leneficient purpose intended. To this end it is necessary to make every possible effort to provide wholesome conditions of environment for children while not in school or employed. Such environment must depend upon better ome influences, more parental thought and care, and more public cooperation in the way of playgrounds and other wholesome recreation. It is still true that an idle brain is the devil’s workshop,” and juvenile delinquency arises in neai ly all cases from idleness or lack of proper direction of youthful energy. Duties of the Superintendent of Public Welfare as Authorized Agent of THE State Child Welfare Commission To act as the commissioned agent of the State Child Welfare Commission, and assist in enforcing the child labor law and other acts relative to business and industry. To supervise and direct the child in employment. To issue certificate for employment and to establish age. To investigate and make detailed inspection of places prescribed in the law. To exercise the necessary authority in correcting violations discovered. To record and report the duties performed as required by rules of the com¬ mission. Child Under Sixteen Not to Drive Motor Vehicle [Chaptek 202, Public Laws 1923.] The General Assembly of North Carolina do enact: Section 1. That any person who, being the owner or in charge of any motor vehicle, authorizes or knowingly permits a person under the age of sixteen years to operate such motor vehicle along any public street or public highway in the State of North Carolina shall be guilty of a misdemeanor, and shall be punished by a fine not in excess of the sum of fifty dollars ($50). Sec. 2. That the term “motor vehicle” as used in section one hereof shall be construed to mean those vehicles it is construed to mean in section two thousand five hundred and ninety-eight of the Consolidated Statutes. C. S. 25 9 8. Teniis defined. The term and words “motor vehicles” used in this chapter shall be construed to mean all vehicles propelled by any power other than muscular power, except traction engines, road rollers, fire wagons, engines, police patrol wagons, ambulances, and such vehicles as run only upon rails or tracks. C031PUDS011Y SCHOOL ATTENDANCE General Compulsory Attendance Law C. S. 575 8, amended by Chap. 179, Public Laws 19 21. Parent or guard¬ ian required to keej) child in school; exemptions. Every parent, guardian, or other person in the State of North Carolina having charge or control of a child between the ages of seven and fourteen years shall cause such child to attend school continuously for a period equal to the time which the public school in the district in which the child resides shall be in session. The prin¬ cipal, superintendent, or teacher who is in charge of such school shall have the right to excuse the child from temporary attendance on account of sick¬ ness or distance of residence from the school, or other unavoidable cause which does not constitute truancy as defined by the State Board of Education. C S. 5759. State Boaitl of Education to make mles and regulations; method of enforcement. It shall be the duty of the State Board of Educa¬ tion to formulate such rules and regulations as may be necessary for the 14 State Laws on Public AVelfaee proper enforcement of the provisions of this article. The board shall pre¬ scribe what shall constitute truancy, what causes may constitute legitimate excuses for temporary nonattenclance due to physical or mental inability to attend, and under what circumstances teachers, principals, or superintendents may excuse pupils for nonattendance due to immediate demands of the farm or the home in certain seasons of the year in the several sections of the State. It shall be the duty of all school officials to carry out such instructions from the State Board of Education, and any school official failing to carry out such instructions shall be guilty of a misdemeanor: Provided, that the preceding section shall not be in force in any city or county that has a higher compul¬ sory attendance law now in force than that provided herein; but in any such case it shall be the duty of the State Board of Education to investigate the same and decide that any such law now in force has a higher compulsory attendance feature than that provided by this act: Provided, that wherever any district is without adequate building or buildings for the proper enforce¬ ment of this article, the county boards of education may be allowed not more than two years from July the first, one thousand nine hundred and nineteen, to make full and ample provisions in every district. C. S. 5760. Attendance officers; reports; prosecutions. The State Su¬ perintendent of Public Instruction shall prepare such rules of procedure and furnish such blanks for teachers and other school officials as may be necessary for reporting each case of truancy or lack of attendance to the chief attendance officer referred to in this article. Such rules shall provide, among other things, for a notification in writing to the person responsible for the nonattendance of any child, that the case is to be reported to the chief attendance officer of the county unless the law is immediately complied with. County boards of educa¬ tion and governing bodies of city schools shall have the right to appoint town or district attendance officers when deemed by them necessary, to assist in carrying out the provisions of this article, and the rules and instructions which may be promulgated by the State Superintendent of Public Instruction. But in every case in which it becomes necessary to prosecute for nonattend¬ ance the case shall be referred to the chief attendance officer of the county for further action: Provided, that in towns or cities having special attendance officers paid out of town or city funds said officers shall have full authority to prosecute for violations of this article. C. S. 5761. Violation of law; penalty. Any parent, guardian, or other person violating the provisions of this article shall be guilty of a misde¬ meanor, and upon conviction shall be liable to a fine of not less than five dollars nor more than twenty-five dollars, and upon failure or refusal to pay such fine, the said parent, guardian, or other person shall be imprisoned not exceeding thirty days in the county jail. C. S. 5762. Investigation and prosecution by county superintendent and attendance officer. The county superintendent of public welfare or chief school attendance officer or truant officer provided for by law shall inves¬ tigate and prosecute all violations of the provisions of this article. CoMPULsoKY Attendance of Indigent Children C. S. 5763. Investigation as to indigency of cliild. That if affidavit shall be made by the parent of a child or by any other person that any child between the ages of seven and fourteen years is not able to attend school by reason of necessity to work or labor for the support of itself or the support of the family, then the attendance officer shall diligently inquire into the matter and 15 State Laws on Public Welfare bring it to the attention of some court allowed by law to act as a juvenile court, and said court shall proceed to find whether as a matter of fact such parents standing in loco parentis are unable to send the child to school for the term of a compulsory attendance for the reasons given. If the court shall find, after careful investigation, that the parents have made or are making a hona fide effort to comply with the compulsory attendance act, and by reason of illness, lack of earning capacity, or any other cause which the court may deem valid and sufficient, are unable to send said child to school, then the court shall find and state what help is needed for the family to enable the attendance law to be complied with. The court shall transmit its finding to the county board of education of the county, or in cities, to the city school board in which the case may arise. C. S. 5764. Aid to indigent child. The county board of education shall in its discretion order aid to be given the family from the Incidental Expense Fund of the county school budget to an extent not to exceed ten dollars per month for such child during continuance of the compulsory term, and shall at the same time require said officer to see that the money is used for the purpose for which it is appropriated, and to report from time to time whether it shall be continued or withdrawn. And the county board of education is hereby authorized in making out the county budget to provide a sum to meet the provisions of this article. Compulsory Attendance of Deaf Children C. S. 57 6 5. Deaf children to attend school; age limits; minimum attendance. Every deaf child of sound mind in North Carolina shall attend a school for the deaf at least five school terms of nine months each, between the ages of eight and fifteen years. The parents, guardians, or custo¬ dians of such child or children between the ages of eight and fifteen years shall send, or cause to be sent, such child or children to some school for the instruction of the deaf, at least five terms or sessions of nine months each, between said ages. C. S. 576 6. Parents, etc., failing to send to school guilty of misde¬ meanor; provisos. The parents, guardians, or custodians of any deaf children between the ages of eight and fifteen years failing to send such deaf child or children to some school for instruction, as provided in this article, shall be guilty of a misdemeanor, and upon conviction shall be fined or im¬ prisoned, at the discretion of the court, for each year said deaf child is kept out of school, between the ages herein provided: Provided, (1) that parents, guardians, or custodians may elect two years between the ages of eight and fifteen years that a deaf childtor children may remain out of school; and (2) that this section shall not apply to or be enforced against the parent, guard¬ ian, or custodian of any deaf child until such time as the superintendent of any school for the instruction of the deaf, by and with the approval of the executive committee of such institution, shall in his or their discretion serve written notice on such parent, guardian, or custodian, directing that sue child be sent to the institution whereof they have charge. C S 5767 Duties of census taker and county supeiintendent. It shall be the* duty of the school census taker to report name, age, and sex of each deaf child in his district, and name of parents, guardians, or custodians and their postoffice address to the county superintendent of education ^ho shall send said report of names and addresses to the superintendent ot the North CarolLa School tor the Deaf, located at Morganton, N. C Upon the failure of the census taker or county superintendent to make such reports he s a be fined five dollars for each white deaf child not so reported. 16 State Laws on Public Welfake Compulsory Attf:ndance of Blind Children C. S. 5769. Blind oliildreii to attend school; age limits; minimum attendance. Every blind child of sound mind and body living in the State of North Carolina shall attend the State School for the Blind and the Deaf, at Raleigh, or some similar school for the education of the blind, for a term of nine months each year, between the ages of seven and seventeen years. The term “blind child” is to be construed as meaning any child whose sight is so defective as to make it impracticable to, obtain an education in schools for the seeing. The parents, guardians, or custodians of any blind child or children between the ages of seven and seventeen years shall send, or cause to be sent, such child or children to some school for the instruction of the blind at least eight sessions of nine months each. C. S. 57 70. Parents, etc., failing to send guilty of misdemeanor; pro¬ visos. The parents, guardians, or custodians of any blind child or chil¬ dren between the ages of seven and seventeen years failing to send such child or children to some school for the instruction of the blind shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, at the discretion of the court, for each year that such child or children shall be kept out of school between the ages specified: Provided, (1) that this section shall not be enforced against the parents, guardians, or custodians of any blind child until such time as the authorities of some school for the instruc¬ tion of the blind shall serve written notice on such parents, guardians, or custodians, directing that such child be sent to the school whereof they have charge; and (2) that the authorities of the State School for the Blind and the Deaf shall not be compelled to retain in their custody or under their instruction any incorrigible person or persons of confirmed immoral habits. C. S. 5771. Duties of census taker and county superintendent. It shall be the duty of the school census taker to report name, age, and sex of each blind child in his district, and names of parents, guardians, or custodians and their postoffice addresses, to the county superintendent of education, who shall send said report of names and addresses to the superintendent of the State School for the Blind and the Deaf, at Raleigh, N. C. Upon the failure of the census taker or county superintendent to make such reports, he shall be fined five dollars for each blind child not reported. C. S. 5773. Sheriffs to enforce law. The sheriffs of the various coun¬ ties of North Carolina shall be required to enforce the provisions of this article in cases of blind children reported to them by the superintendent of the State School for the Blind and Deaf. And they shall have authority to reimburse themselves for such services and expense as are entailed upon them in executing the provisions of this article. • C. S. 57 7 4. Superintendent of School for Blind to have free transporta¬ tion to enforce law. In order to aid the superintendent of the State School for the Blind and Deaf in securing the attendance of blind children upon the school, the various railroads operating in the State of North Carolina may grant him transportation without charge. Note. —See rules and regulations as to compulsory school attendance issued by the State Department of Education. Separate Schools C. S. 553 8. Separation of races. The children of the white race and the children of the colored race shall be taught in separate public schools, but there shall be no discrimination in favor of or to the prejudice of either race. State Laws on Public Welfare 17 All white children shall be taught in the public schools provided for the white race, and all colored children shall be taught in the public schools provided for the colored race; but no child with negro blood, or what is generally known as Croatan Indian blood, in his veins, however remote the strain, shall attend a school for the white race, and no such child shall be considered a white child. The descendants of the Croatan Indians, now liv¬ ing in Robeson, Sampson, and Richmond counties, shall have separate schools for their children, as hereinafter provided in this chapter. JUVENILE COURTS C. S. 5039. Exclusive original jurisdiction over children. The Superior Courts shall have exclusive original jurisdiction of any case of a child less than sixteen years of age residing in or being at this time within their re¬ spective districts— (1) Who is delinquent or who violates any municipal or State law or ordi¬ nance or who is truant, unruly, wayward, or misdirected, or who is dis¬ obedient to parents or beyond their control, or who is in danger of becoming so; or (2) Who is neglected, or who engages in any occupation, calling, or exhibi¬ tion, or is found in any place where a child is forbidden by law to be, and for permitting which an adult may be punished by law, or who is in such condi¬ tion or surroundings, or is under such improper or insufficient guardianship or control as to endanger the morals, health, or general welfare of such child; or (3) Who is dependent upon public support or who is destitute, homeless or abandoned, or whose custody is subject to controversy. When jurisdiction has been obtained in the case of any child, unless a court order shall be issued to the contrary, or unless the child be committed to an institution supported and controlled by the State, it shall continue for the purposes of this act during the minority of the child. The duty shall be con¬ stant upon the court to give each child subject to its jurisdiction such over¬ sight and control in the premises as will conduce to the welfare of such child and to the best interest of the State. The Juvenile Court Law takes the place of the Apprenticeship Law, chap. 4, and the Juvenile Delinquent Law, 1915, chap. 22'2. C. S. 5040. Juvenile coui'ts created; part of Superior Courts. There shall be established in each county of the State a separate part of the Superior Court of the district for the hearing of cases coming within the provisions of this article. Such part of the Superior Court shall be called The Juvenile Court of.County. The clerk of the Superior Court of each county in the State shall act as judge of the juvenile court in the hearing of cases coming within the provi¬ sions of this article, in which cases the child or children concerned therein reside in or are at the time within such county. Proceedings in such cases may be initiated before such judge, and in hearing such cases such judge shall comply with all the requirements and conform to the procedure provided in this article. C S 5041. Definitions of teims. The term “court,” when used in this article without modification, shall refer to the juvenile court to be established in each county as herein provided. The term “judge,” when used in this article, shall refer to the clerk of the Superior Court, acting as judge of the 9 18 State Laws on Public AVelfare juvenile court. The term “child” shall mean any minor less than sixteen years of age. The term “adult” shall mean any person sixteen years of age or over. C. S. 5042. Sessions of court; records; general provisions. Sessions of the court shall be held at such times and in such places within the county as the judge shall from time to time determine. In the hearing of any case com¬ ing within the provisions of this article the general public may be excluded and only such persons admitted thereto as have direct interest in the case. Ses¬ sions of the court shall not be held in conjunction with any other business of the Superior Court, and children’s cases shall not be heard at the same time as those against adults. The court shall maintain a full and complete record of all cases brought before it, to be known as the Juvenile Record. All records may be withheld from indiscriminate public inspection in the discretion of the judge of the court, but such record shall be open to inspection by the* parents, guardians, or other authorized representatives of the child concerned. No adjudication under the provisions of this article shall operate as a disqualification of any child for any public office, and no child shall be denominated a criminal by reason of such adjudication, nor shall such adjudication be denominated a conviction. This article shall be construed liberally and as remedial in character. The powers hereby conferred are intended to be general and for the purpose of affecting the beneficial purposes herein set forth. It is the intention of this article that in all proceedings under its provisions the court shall proceed upon the theory that a child under its jurisdiction is the ward of the State and is subject to the discipline and entitled to the protection which the court should give such child under the circumstances disclosed in the case. C. S. 5043. Petition to bring child before court. Any person having knowledge or information that a child is within the provisions of this article and subject to the jurisdiction of the court, may file with the court a petition verified by affidavit, stating the alleged facts which bring such child within such provisions. The petition shall set forth the name and residence of the child and of the parents, or the name and residence of the person having the guardianship, custody, or supervision of such child, if the same be known or ascertained by the petitioner, or the petition shall state that they are unknown, if that be the fact. C. S. 5044. Issuance of summons; traveling expenses allowed. Upon the filing of the petition or upon the taking of a child into custody, the court may forthwith, or after an investigation by a probation officer or other person, cause to be issued a summons signed by the judge or the clerk of the court directed to the child, unless such child has been taken into custody, and to the parents or, in case there is no parent, to the person having the guardian¬ ship, custody, or supervision of the child, or the person with whom the child may be, requiring them to appear with the child at the place and time stated in the summons to show cause why the child should not be dealt with accord¬ ing to the provisions of this article. The judge may, in his discretion, authorize the payment of necessary travel¬ ing expenses incurred by any witness or persons summoned or otherwise required to appear at the hearing of any case coming within the provisions of this article. Such expenses, when approved by the judge of the Superior Court, shall be a charge upon the county in which the petition is filed. State Laws on Public Welfake 19 C. S. 5045. Custody of cliild may be immediate. If it appears from the petition that the child is embraced within subdivision one of the first section of this article, or is in such condition or surroundings that the welfare of the child requires that its custody be immediately assumed, the court may endorse or cause to be endorsed upon the summons a direction that the officer serving the same shall at once take such child into custody. In the case of any child who has been taken into custody or pending the final disposition of any case, the child may be released in the custody of a parent or other person having charge of the child or in the custody of a proba¬ tion officer or other person appointed by the court, to be brought before the court at the time designated. Any child embraced in this article may be admitted to bail as provided by law. When not released as herein provided such child, pending the hearing of the case, shall be detained in such place of detention as hereinafter provided for. C. S. 5046. Service of suimnons. Service of summons shall be made personally by reading to and leaving with the persons summoned a true copy thereof: Provided, that if the court is satisfied that reasonable but unsuccess¬ ful effort has been made to serve the summons personally upon any of the parties named therein, or if it shall appear to the satisfaction of the court that it is impracticable to serve a summons personally upon any of them, the court may make an order providing for service of the summons by registered mail or by publication or otherwise in such manner as the judge shall deter¬ mine. 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, if requested by the child or a parent, or in case there is no parent, by the person having the guardianship, custody or supervision of the child, shall not proceed with the hearing earlier than three days after the service. Fail¬ ure to serve a summons upon any person other than said child shall not impair the jurisdiction of the court to proceed in cases arising under subdi¬ vision one of the first section of this article, provided that for good cause shown the court shall have made an order dispensing with such service. , If the person summoned, as herein provided, shall fail without reasonable cause to appear and abide the order of the court or bring the child, he may be proceeded against as for contempt of court. In case the summons cannot be served or the party served fails to obey the same, and in any case when it shall be made to appear to the court that such summons will be ineffectual, or that the welfare of the child requires that he shall be brought forthwith into the custody of the court, a warrant may be issued on the order of the court either against the parent or guardian or other person having custody of the child or with whom the child may be, or against the child himself. The sheriff or other lawful officer of the county in which the action is taken shall serve all papers as directed by the court, but the papers may be served by any person delegated by the court for that purpose. C S 5047. Hearing; disiiosition of child. Upon the return of the sum- mens or other process or after any child has been taken into custody, at the time set for the hearing, the court shall proceed to hear and determine the case in a summary manner. The court may adjourn the hearing from time to time and inquire into the habits, surroundings, conditions, and tendencies o the child so as to enable the court to render such order or judgment as slia best conserve the welfare of the child and carry Out the objects ot this act In all cases the nature of the proceedings shall be explained to the child and to the parents or the guardian or person having the custody or the supervi- 20 State Laws ox Public AVelfake sion of the child. At any stage of the case the court may, in its discretion, appoint any suitable person to be the guardian ad litem of the child for the purposes of the proceeding. The court, if satisfied that the child is in need of the care, protection, or discipline of the State, may so adjudicate and may find the child to be delin¬ quent, neglected, or in need of more suitable guardianship. Thereupon the court may 1. Place the child on probation subject to the conditions provided herein¬ after; or 2. Commit the child to the custody of a relative or other fit person of good moral character, subject, in the discretion of the court, to the supervision of a probation officer and the further orders of the court; or 3. Commit the child to the custody of the State Board of Charities and Public Welfare, to be placed by such board in a suitable family home and supervise therein; or 4. Commit the child to a suitable institution maintained by the State or any subdivision thereof, or to any suitable private institution, society or association incorporated under the laws of the State and approved by the State Board of Charities and Public Welfare, authorized to care for children or to place them in suitable family homes; or 5. Render such further judgment or make such further order of commit¬ ment as the court may be authorized by law to make in any given case. 6. If a child of fourteen years of age be charged with a felony for which the punishment as now fixed by law cannot be more than ten years in prison, his case shall be investigated by the probation officer and the judge of the juvenile court as provided for in this article, unless it appears to the judge of the juvenile court that the case should be brought to the attention of the judge of the Superior Court, in which case the child shall be held in custody or bound to the next term of the Superior Court as now provided by law. C. S. 5048. Child to be kept apart, from adult criminals; detention homes. No child coming within the provisions of this act shall be placed in any penal institution, jail, lockup, or other place where such child can come into contact at any time or in any manner with any adult convicted of crime and committed or under arrest and charged with crime. Provisions shall be made for the temporary detention of such children in a detention home to be conducted as an agency of the court for the purposes of this article, or the judge may arrange for the boarding of such children tempo¬ rarily in a private home or homes in the custody of some fit person or persons subject to the supervision of the court, or the judge may arrange with any incorporated institution, society or association maintaining a suita¬ ble place of detention for children for the use thereof as a temporary deten¬ tion home. In case a detention home is established as an agency of the court it shall be furnished and carried on so far as possible as a family home in charge of a superintendent or matron who shall reside therein. The judge of the juvenile court may, with the approval of the State Board of Charities and Public Welfare, appoint a matron or superintendent, or both, and other neces¬ sary employees for such home in the same manner* as probation officers are appointed under this article, their salaries to be fixed and paid in the same manner as the salaries of probation officers. The necessary expenses incurred in maintaining such detention home shall be a public charge. In case the judge shall arrange for the boarding of children temporarily detained in private homes, a reasonable sum for the board of such children State Laws on Peblic AVelfare 21 while temporarily detained in such homes shall be paid by the county in which such child shall reside or may be found. In case the judge shall arrange with any incorporated institution, society or association for the use of a detention home maintained by such institution, society or association, he shall enter an order which shall be effectual for that purpose and a reasonable sum shall be appropriated by the county com¬ missioners for the compensation of such institution, society or association for the care of children residing or found within the county who may be detained therein. C. S. 5049. Probation officers; appointment and discharge; compensa¬ tion. The judge of the juvenile court in each county shall appoint one or more suitable persons as probation officers who shall serve under his direc¬ tion. The appointment of such probation officers shall be approved by the State Board of Charities and Public Welfare. The c iunty superintendent of public welfare shall be the chief probation officer of every juvenile court in his county, and shall have supervision Over the work of any additional probation officer which may be appointed. The judge appointing any probation officer may discharge such officer for cause after serving such officer with a written notice, but no probation officer shall be discharged without the approval of the State Board of Charities and Public Welfare. The judge appointing any probation officer may, in his discretion, deter- mine that a suitable salary be paid, and may, with the approval of the judge of the Superior Court, fix the amount thereof. Such salary so determined and so approved shall be paid by the board of county commissioners, but no person shall be paid a salary as probation officer without a certificate of qualification from the State Board of Charities and Public Welfare. The State Board of Charities and Public Welfare shall establish rules and regulations pursuant to which appointments under this article shall be made, to the end that such appointments shall be based upon merit only. The appointment of a probation officer shall be in writing and one copy of the order of appointment shall be delivered to the officer so appointed and another filed in the office of the State Board of Charities and Public Welfare. C. S. 50 50. Probation; conditions; revocation. When the court places any child or adult on probation as provided in this article it shall determine the conditions of probation, which may be modified by the court at any time. A child shall remain on probation for such period as the court shall determine during the minority of such child. An adult shall remain on probation for such period as the court shall determine, not to exceed five yeais. The condi¬ tions of probation shall be such as the court shall prescribe, and may include, among other conditions, any or several of the following: That the piobationer shall indulge in no unlawful or injurious habits; shall avoid places or persons of disreputable or harmful character; shall report to the probation officer as directed by the court or probation officer; shall permit the probation officer to visit him in a reasonable manner at his place of abode or elsewhere; shall answer any reasonable inquiries on the part of the probation officer concern¬ ing his conduct or condition; shall, if a child of compulsory school age, attend school regularly; shall, if an adult or a child who does not atteiffi school, work faithfully at suitable employment; shall remain or reside 'vithin a speci¬ fied place or locality; shall pay a fine in one or several sums; shall make restitution or reparation to the aggrieved parties for actual damages or losses 22 State Laws ox Public A'\ elfare caused by an offense, upon such conditions as the court shall determine; and shall make payment for the support of any lawful dependents as required by the court. Any person on probation may at any time be required to appear before the court, and in case of his failure to do so when properly notified by the proba¬ tion officer, the court may issue a warrant for his arrest. In the case of a child on probation, if the court believes that the welfare of such child will thereby be promoted, the probation may be revoked at any time, and the court may make such other disposition of the child as it might have made at the time the child was placed on probation. An adult on probation who vio¬ lates any of the conditions thereof may be arrested upon a warrant issued by the court, and the court may impose any penalties which it might have imposed at the time the defendant was placed on probation. C. S. 50 51. Duties and powers of probation oflicers. It shall be the duty of a probation officer to make such investigations before, during or after the, trial or hearing of any case coming before the court as the court shall direct, and shall report thereon in writing. The probation officer shall take charge of any child before or after the trial or hearing when so directed by the court. The probation officer shall furnish to each person released on probation under his supervision a written statement of the conditions of probation, and shall instruct the probationer and other persons responsible for the welfare of the probationer regarding same, and shall enforce all the conditions of probation. Such officer shall keep informed concerning the conduct and condition of each person on probation under his supervision by visiting, requiring of reports and in other ways, and shall report upon the progress of each case under his supervision at least monthly to the court. Such officer shall use all suitable methods not inconsistent with the conditions imposed by the court to aid and encourage persons on probation and to bring about improvements in their conduct and condition. Such officer shall keep detailed records of his work. He shall keep accurate and complete accounts of all moneys collected from persons under his supervision; he shall give receipts therefor, and shall make at least monthly returns thereof; such offi¬ cer shall make such report to the State Board of Charities and Public Welfare as it may from time to time require, and shall perform such other duties as the court under whose direction such officer is serving shall direct. Every probation officer shall have all the powers of a peace officer within the jurisdiction of the court which he serves. With the approval or under the direction of the judge of the court in which a probation officer is serving, such officer is authorized and empowered to act as probation officer over any person on probation transferred to his supervision from any other court, and may act as parole officer over any person released from a correctional institution when requested to do so by the authorities thereof and when authorized so to act by the judge of the court in which such probation officer is serving. C. S. 50 52. Suppoi-t of child committed to custodial agency. When¬ ever any child is committed by the court to the custody of an institution, asso¬ ciation, society, or person other than its parent or guardian, compensation for the care of such child when approved by the order of the court, shall be a charge upon the county, but the court may at the issuance and service of an order to show cause on the parent or other person having the duty under the law to support such child adjudge that such parent or other person shall pay in such manner as the court may direct such sum as will cover in whole or in part the support of such child, and willful failure to pay such sum may be punished as a contempt of court. 23 State Laws on Public Welfare C. S. 5057. Offenses against children; responsibility of parents and o -ier ac lilts; penalty. A parent, guardian, or other person having the custody of a child who omits to exercise reasonable diligence in the care, protection, or control of such child, causing it to be adjudged delinquent! neglected, or in need of the care, protection, or discipline of the State as pro¬ vided in this act, or who permits such child to associate with vicious, immoral, or criminal persons, or to beg or solicit alms, or to be an habitual truant from school, or to enter any house of prostitution or assignation, or any place where gambling is carried on, or to enter any place which may be injurious to the morals, health or general welfare of such child, and any such person or any other person who knowingly or willfully is responsible for, encourages, aids, causes or connives at, or who knowingly or willfully does any act to produce, promote or contribute to the condition which caused such child to be adjudged delinquent, neglected, or in need of the care, protection, or disci¬ pline of the State, shall be guilty of a misdemeanor, C. S, 5058. Appeals. An appeal may be taken from any judgment or order of the juvenile court to the Superior Court having jurisdiction in the county by the parent or, in case there is no parent, by the guardian, custodian or next friend of any child, or by any adult described in the two preceding sections of this act whose case has been heard by the juvenile court. Such appeal shall be taken in the manner provided for appeals to the Superior Court: Provided, that written notice of such appeal be filed with the juvenile court within five days after the issuance of the judgment or order of such court. C. S. 5059. Compensation of judges. The judge of the juvenile court shall be paid a reasonable compensation for his services, the amount to be determined by the county commissioners, and the amount thus determined by the county commissioners shall be charged against the public funds of the county. And such compensation shall be independent of any compensation which may come to him as clerk of the Superior Court. C. S. 5060. Co-operation. It is hereby made the duty of every State, county or municipal official or department to render such assistance and co¬ operation within his or its jurisdiction or power as shall further the objects of this act. All institutions or other agencies to which any person coming within the provisions of this act may be sent are hereby required to give such information concerning such child to the court or to any other officer ap¬ pointed by it as said court or official may require for the purposes of this act. The court is authorized to seek the cooperation of all societies, organizations or individuals to the end that the court may be assisted in every way in the discharge of its duties. C. S. 50 61. Rules. The court shall have power to devise and publish rules to regulate the procedure in cases coming within the provisions of this act and for the conduct of all probation and other officers of the court in such cases. The court shall devise and cause to be printed for public use such forms for records and for various petitions, orders, processes, and othei papers in the cases coming within this act as shall meet the requirements thereof, and all expenses incurred in complying with the provisions of this act shall be a public charge. C. S. 50 53. Selection of custodial agency. In committing any child to any institution or other custodial agency other than one supported and con¬ trolled by the State or in placing the child under any guardianship other than 24 State Laws on Public Welfaee that of its natural guardians, the court shall, as far as practicable, select as the custodial agency an institution, society or association governed by persons of like religious faith as the parents of such child or an individual holding the same religious belief. C. S. 5054. Modification of judgment; the return of child to parents. Any order or judgment made by the court in the case of any child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child, except that a child committed to an institu¬ tion supported and controlled by the State may be released or discharged only by the governing board or officer of such institution. Any parent or guardian, or if there be no parent or guardian, the next friend of any child who has been or shall hereafter be committed by the court to the custody of an institution, other than an institution supported and con¬ trolled by the State, or to the custody of any association, society or person, may at any time file with the court a petition verified by affidavit setting forth under what conditions such child is living, and that application for the release of the child has been made to and denied by such institution, associa¬ tion, society or person, or that institution, association, society or person has failed to act upon such application within a reasonable time. A copy of such petition shall at once be served by the court upon such institution, associa¬ tion, society or person, whose duty it shall be to file a reply to the same within five days. If, upon examination of the petition and reply, the court is of the opinion that an investigation should be had, it may, upon due notice to all concerned, proceed to hear the facts and determine the question at issue, and may return such child to the custody of its parents or guardian or direct such institution, association, society or person to make such other arrange¬ ments for the child’s care and welfare as the circumstances of the case may require. Any child while under the jurisdiction of the court shall be subject to the visitation of the probation officer or other agent of the court authorized to visit such child. C. S. 5055. Appointment of guardians. Whenever in the course of a proceeding instituted under this act it shall appear to the court that the wel¬ fare of any child within the jurisdiction of the court will be promoted by the appointment of an individual as general guardian of its person, when such child is not committed to an institution or to an incorporated society or asso¬ ciation, or by the appointment of an individual or corporation as general guardian of its property, the court shall have jurisdiction to make such appointment, either upon the application of the child or of some relative or friend, or upon the court’s own motion, and in that event an order to show cause may be made by the court to be served upon the parent or parents of such child in such manner and for such time, prior to the hearing, as the court may deem reasonable. In any case arising under this act the court may determine as between parents or others whether the father or mother or what person shall have the custody and direction of said child, subject to the provisions of the preceding section. C. S. 5056. Examination and treatment of children found to be men¬ tally defective or in need of medical care. The court, in its discretion, either before or after a hearing, may cause any child within its jurisdiction to be examined by one or more duly licensed physicians, who shall submit a written report thereon to the court. If it shall appear to the court that any child within the jurisdiction of the court is mentally defective, he may cause 25 State Laws on Public Welfare the child to be examined by two licensed physicians, and on the written state¬ ment of the two examining physicians that it is their opinion that the child is mentally defective, feebleminded, or epilectic, the court may commit such child to an institution authorized by law to receive and care for mentally defective, feebleminded, or epilectic children, as the case may be. No child shall be committed to such institution unless the parent or parents or the guardian or custodian of such child, if such there be, are given an opportunity for a hearing. Whenever a child within the jurisdiction of the court and under the provi¬ sions of this act appears to the court to be in need of medical or surgical care a suitable order may be made for the treatment of such child in a hospital or otherwise, and the expense thereof, when approved by the court, shall be a charge upon the county or the appropriate subdivision thereof; but the court may adjudge that the person or persons having the duty under the law to support such child shall pay a part or all of the expenses of such treatment as provided in section 5052 of this article. C. S. 5062. City juvenile courts and probation oflicers. Every city in North Carolina where the population was by the census of one thousand nine hundred and ten, ten thousand or more shall maintain a juvenile court, to which is hereby given the powers, duties, and obligations of this act to be exercised within their territorial boundaries. Such city juvenile courts shall conduct their business in accordance with the procedure set forth in this act as applying to the county juvenile court. It is hereby made the duty of governing bodies of such cities to make provisions for such courts and bear the expense thereof, either by requiring the recorder to act as a juvenile judge, or by the appointment of a separate judge. The governing bodies of such cities shall also appoint one or more assistant probation officers, who shall serve within its jurisdiction under the general supervision of the chief probation officer of the county, which chief probation officer of the county is hereby made the chief probation officer of the city court herein provided for. The salary of the chief juvenile court judge shall be fixed and paid by the governing body of the city, and such governing bodies are hereby given authority to expend such sums from the public funds of the city as may be required to carry this act into effect. In case it may appear to the governing bodies of such cities herein de¬ scribed that it would be best to allow the county juvenile court to transact the business of the city, they may make such provisions and agreements with the county commissioners for the expense of the joint couit as may e agreec upon, and in such event, such a. city is hereby permitted to make such arrangement in lieu of establishing a city juvenile court. But in case the county commissioners will not agree to such arrangement, t en e ci y mus establish a juvenile court, as provided in this section. Any town of five thousand population, which is not a county-seat, and in which there is a recorder’s court, may, if deemed advisable and necessary y the governing body, provide for the conduct of a 3 uvenile court within the erritoLl jurisdiction ot such recorder’s court: Provided, that the provisions and procedure of this chapter are fully followed as in case for towns of ten thousand inhabitants. Chao. 193, Public Laws 1923. Population for city juvenile court. That section five thousand and sixty-two of the Consolidated Statutes be amen e by striking out the word “ten” when said word first appears in line thiee, and inserting in lieu thereof the word “twenty. 26 State Laws ox Public Welfare Ivulings of Attorney-General on Juvenile Court Law State of North Carolina Department of Attorney-Genp'.ral Raleigh Mr. R. F. Beasley, August 19, 1919. Raleigh. N. C. Dp:ar Sir: —During the progress of the Juvenile Court Act (chapter 97, Public Laws 1919) through the houses of the General Assembly, it was amended in the House by striking out the word “eighteen” in line three of section one of the act, and substituting therefor the word “sixteen,” and this amendment was agreed to by the Senate. The effect of this amendment was to make section one read as follows: Section 1. Jurisdiction over children. The Superior Courts shall have exclusive original jurisdiction of any case of a child less than sixteen years of age residing in or being at this time within their respective districts. This amendment was not in terms carried through the rest of the act where the word “eighteen” had been used in designating the age of a child to whom the statute was applicable. Section three, with the subhead “Definitions” to it, still contains the following: The term “child” shall mean any minor less than eighteen years of age. The term “adult” shall mean any person eighteen years of age or over. You ask should the amendment of section 1 be construed as applying also to that part of section three quoted above. We think it should. The failure of the Legislature to make the amendment to section three directly was sim¬ ply inadvertence. The proper construction of the act in the light of the purpose for which it was drawn and the intent of the Legislature to reduce the age of the child over which the juvenile court should have jurisdiction, in our opinion, requires that the amendment should be read into section three as well. This construction subordinates the incidental intent of the Legislature in defining the terms of the act to its main intent in fixing the age of the child to which, and to which only, it was to apply. Any other construction would result in such confusion as materially to interfere with, if not destroy, the beneficent purpose of the whole legislation. In its administration there would necessarily be “confusion worse confounded,” whereas, under the con¬ struction which we have adopted, the act could, in no case, be made to apply to a child over sixteen years of age. Yours very truly, • (Signed) James S. Manning, Attorney-General. Mr. George B. Mason, September 25, 1919. Solicitor Municijial Court, Gastonia, N. C. Dear Sir: —In reply to yours of September 23d. Subsection (f) of section 9, chapter 97 of the Public Laws of 1919. The Juvenile Court Act seems intended as a limitation of the general words used theretofore in the act with reference to a child between fourteen and sixteen years of age. If the child is fourteen years of age and is charged with a felony for which the punishment is now fixed by law at not more than ten years in prison, then the primary jurisdiction in the case is in the juvenile court, with authority in this court if it deem it best to transfer the case to the Superior Court in term time, as provided in subsection (f). Where, however, a child between the ages of fourteen and sixteen is charged with a felony, whose punishment may exceed ten years in prison, then, in our opinion, juris- State Laws ox Public Welfare 27 diction of the juvenile court is excluded and the hearing of the charge is in the courts as constituted before the Juvenile Court Act. In other words, the juvenile court has not j'urisdiction in such a case. Yours very truly, (Signed) James S. Maxxixg, Attorney-Ge^ieral. Mrs. Kate Burr Joiixsox, April 13, 1923. Commissioner of Piihlic Welfare, Raleigh. N. C. Dear Mrs. Joiixsox:— In reply to yours of April 10th. In your letter you ask a number of questions, and we take them up se?'iatim. (1) When a recorder is hearing juvenile court cases, he being also a prop¬ erly constituted judge of the juvenile court, does he have authority to fine parents, acting in the capacity of a recorder, and at the same time make a disposition of the case of a child, acting in the capacity of the juvenile court judge? In other words, can a recorder handle both parents and child, and dispose of both at one hearing? We cannot answer this question categorically “Yes” or “No,” because there are many limitations to such answer which must be stated, that it may lie proper. On February 25, 1922, we wrote you (biennial report 1921-22, p. 189): “The fundamental reason why the juvenile court may adopt sum¬ mary remedies and enforce them by summary proceedings is that delin¬ quent children are wards of the State. If the Legislature had attempted to confer jurisdiction upon the juvenile court to deal in a summary way with adults, where their acts amount to crimes under the general law, such attempt would have been, we think, unconstitutional.” The reason that such act would have been unconstitutional is that the Constitution itself declares that every person charged with a crime shall be informed of the charge and have an opportunity to confront his accuser with testimony in his behalf. If, therefore, a recorder is likewise judge of the juvenile court in the town where his court is located, he may proceed against the children of the class defined in the act under the Juvenile Court Act. If the parent (or parents) of a delinquent child has offended against C. S., sec. 5057, which punishes neglect by parents as specified in the section as a mis¬ demeanor, then the recorder has to proceed against that parent, issuing criminal process, giving him an opportunity to defend the charge, just as he would in any other case. In this he would be acting as the judge of a crimi¬ nal court with all the consequences that ensue from the exercise of such function. Dealing with the child, though, he would be acting as judge of the juvenile court. If, therefore, he deals with the child and the parent at the same time, this must be a coincident, because he should use different pro¬ ceedings in each case and exercise different functions in each case. (2) In the city of Rocky Mount the authorities have established a city juvenile court, as they have a right to do under C. S., section 5062. Upon this you ask: “Does this juvenile court judge have authority to handle adult cases, in like manner as the city recorder?” Excluding cases where he makes proper orders with reference to the con¬ trol and custody of delinquent children, which orders he may enforce against adults, if properly made, through the exercise of the power of the court when 28 State Laws on Public Welfare that exercise is proper under C. S., section 5046, we think this judge of the juvenile court has no more authority than that conferred upon other juvenile courts. He cannot issue criminal warrants against adult persons and try them as though he was sitting as a criminal judge. That must be left to criminal courts. (3) Does the judge of a juvenile court have authority to order a child to be flogged by the police, and, if so, under what conditions? To this we answer emphatically. No. On May 27, 1921, the question was put to this office as to whether or not the juvenile court could order a parent to flog a delinquent child in the presence of the court, to which we replied as follows: “It may be that subsection 5 of C. S., sec. 5047, would permit the juvenile court, where circumstances are such as to require it, to have the father thrash the boy in the presence of the court. If, however, the court has this authority, it seems that it would be more honored in the breach than in the observance. The court has authority to commit a child to the custody of a parent. If the parent is one proper to have this authority, he would accomplish more by administering the punishment privately than he would by outraging the sense of justice of this little irresponsible Arab by a thrashing in public. It is an exceedingly diffi¬ cult situation which can be dealt with only by wise forbearance and full consideration for the point of view of the boy, accompanied by firm¬ ness where such firmness is required.” Much more, then, do we think it would be an outrage upon the delinquent child for the court to have him flogged publicly by a police officer, or privately by a police officer. The Juvenile Court Act is based upon the fundamental idea that the proceedings allowed therein are not for the punishment of the delinquent child, but for his protection and training. It is the State acting as a parent when dealing with them. We are very clear, then, that these courts should never in any instance require these delinquents to be punished by flogging, administered by a police officer. (4) What are costs in these juvenile court cases? The statute is wholly silent as to this.’ It nowhere says that officers serv¬ ing the processes of such court shall be entitled to fees similar to those received in other courts. Indeed, C. S., sec. 5046 declares: “The sheriff or other lawful officer of the county in which the action is taken shall serve all papers as directed by the court, but the papers may be served by any person delegated by the court for that purpose.” The statute thus leaves the question of cost up in the air, so to speak. On February 21, 1920, we attempted to deal with this question for Mr. Beasley, the former Commissioner of Public Welfare. See opinion at page 149 of the biennial report for 1918-20, Mr. Beasley, in a letter to this office, assumed that the Juvenile Court Act provided no fees for the service of the processes of these courts, and upon that assumption we acted. It is unnec¬ essary to quote that opinion in full, as you have a copy of the report. It is a general rule that public officers for public service are entitled only to those fees specifically or by necessary implication provided by statute, and it is very clear that the Legislature may impose other duties upon existing public officers without providing any compensation for the performance of the duties. If it should be suggested, however, that such officers, by neces¬ sary implication, are entitled to the fees provided for the service of processes of other courts, in serving processes of juvenile courts, we admit that there is force in this suggestion. The difficulty we have, however, if this should State Laws on Public Welfake 20 be assumed, is that it is not possible to determine with absolute definiteness what those fees should be in a particular case. The statute itself seems to contemplate that the probation officer should serve these papers, but if not, that they should be served by the sheriff or other proper officer without com¬ pensation. We admit that this conclusion is subject to very serious doubt, which can only be solved by a decision of the court. Very truly yours, (Signed) Jami:s S. Manning, Attoy'ney-General. Mrs. Kate Burr Johnson, March 7, 1923. Commissioner of Puhlic Welfare, Raleigh. N. C. Dear Madam: —Through Mr. Brown, of your Department, you submit the following question to this office: A, a juvenile delinquent, is brought before a juvenile court charged with the larceny of $5.00. The father of the child is brought into court also under C. S., sec. 5044. After an investigation the juvenile court found that the child had stolen the $5.00; can the court under such circumstances make an enforcible order that the father of A shall return the $5.00 stolen to the person from whom it was stolen? We think the juvenile court cannot enforce this order against the father, if he refuses to comply with it. If he should refuse to comply, there is no machinery provided by the general law or the Juvenile Court Act to enforce the judgment against him. Of course, all properly constituted fathers would be glad to conform to the order of the court under such circumstances, but we know no rule of law which would compel the father, who had taken no part in the theft, either in instigating it or in receiving the fruits thereof, to restore the stolen property. Very truly yours, (Signed) James S. Manning, N/T Attorney-General. Mrs. Clarence A. Johnson, August 20, 1921. Supey'intendent Puhlic Welfare, Raleigh. N. C. Dear Mrs. Johnson:— Chapter 128, Public Laws of 1921, contains this pro¬ vision: “On the second Monday in July, nineteen hundred and twenty-one, and on the second Monday in July every two years thereafter, the county board of education and the board of county commissioners of every county in North Carolina shall meet in joint session for the purpose of electing a county superintendent of public welfare, who shall serve for the ensu¬ ing two years, and until his successor is elected and qualified The person elected county superintendent of public welfare shall be qualified by character, fitness, and experience to well discharge the duties thereof. No one so elected shall begin the work of this position until he shall have received a certificate of approval of his fitness from the State Board of Charities and Public Welfare.” In our letter to you of July 7th interpreting the terms “joint session, wrote as follows: we “There are two legal deductions from the use of the terms “joint session” In the connection in which they are used: First, there must be a quorum of both the board of education and of the board of count> 30 State Laws on Public Welfare commissioners present before a joint session can be held, and second, these quorums being present, the various members of the two bodies, when in joint session, vote as individuals composing the joint meeting.” As, in many of the counties of the State, the board of county commis¬ sioners is composed of five members, whereas the county board of education is composed of three members, the former body in these counties, necessarily has a controlling influence in the selection of a county superintendent of welfare. For this reason the Legislature further declared: “It is hereby declared to be the purpose of this section that the board of education and the board of county commissioners shall act in a spirit of mutual cooperation for the purpose of obtaining the best possible result in carrying out the intention of this act.” As a further protection against the improvident or unwise action of the joint session, the act submits the election of the county public welfare officer to the State Board of Charities and Public Welfare, as quoted above. You ask the opinion of this office as to the extent of this veto power. It seems to us that the statute itself is specific in this regard. “The person elected county superintendent of public welfare shall be qualified by charac¬ ter, fitness, and experience to well discharge the duties thereof.” It is a very important office, and the whole purpose of the act may be frustrated in a particular county, by the election of an improper, unfit, or inexperienced person. The determination of fitness is placed by the Legislature wholly in the power of the State Board of Charities and Public Welfare. We do not interpret the word “experience” as requiring that the person elected should have been an incumbent of the office before, but as requiring that person to have manifested his sympathy with the general purposes of the act by his previous experience. As we have heretofore ruled, we regard the time of election, second Mon¬ day in July, as directory and not mandatory, so an election held on the sec¬ ond Monday of August would not be void unless for some reason an adequate quorum, as heretofore defined to you, is not present at that time. We return herewith the two letters left with us. Yours very truly, (Signed) James S. Manning, N/H Attorney-Geney’al. Mrs. Kate Burr Johnson, August 30, 1923. Commissioner of Public Welfare, Raleigh, N. C. Dear Madam: —You inquire of this office whether or not a juvenile court has jurisdiction to put an adult upon probation. We think it very clear that it has not. C. S., section 5050, is so drawn as to assume that an adult could be put upon probation. Nowhere else in the statute, however, is there any machinery provided for such probation. The terms “or adult” in the section were no doubt incorporated in it through inadvertence, and so do not confer authority in the absence of other legislation upon the juvenile court to put an adult upon probation. Very truly yours, (Signed) James S. M.vnning, N/T Attorney-General. BASTARDY C. S. 265. Justices have jurisdiction; when warrant issued. Justices of the peace of the several counties have exclusive original jurisdiction to issue, try and determine all proceedings in cases of bastardy in their respect- State Laws on Public elfare 31 ive counties. A warrant in bastardy shall be issued only upon the volun¬ tary affidavit and complaint of the mother of the bastard; or, upon the affi¬ davit of one of the county commissioners, setting forth the fact that the Dastard is likely to become a county charge. C. S. 2 66. Complaint as to bastard by county commissioner. When complaint is made on affidavit by a county commissioner to a justice of the peace of the county in which the woman resides, that any single woman within his county is big with child, or delivered of a child, the justice may cause her to be brought before him, or any other justice of the county, to be examined upon oath respecting the father. If she refuses to declare the father, she shall pay a fine of five dollars and give bond, payable to the State, with sufficient surety to keep such child from being chargeable to the county; otherwise, she shall be committed to prison until she shall declare the same, or pay the fine aforesaid and give such bond. C. S. 2 67. Woman declaring father; issue of iiateniity; apjieal. If any woman, upon oath, accuses any man of being the father of her bastard child, the justice before whom such oath is made shall cause him to be brought before some justice of the peace of such county to answer the charge. If he denies, upon oath, that he is the father of such child, the justice shall proceed to try the issue of paternity, and if it is found that he is the father of the child, or if he does not deny upon oath, that he is the father of the child, then he shall stand charged with the maintenance thereof, as the court may order, and shall give bond, with sufficient surety, payable to the State, to perform said order, and to indemnify the county where such child is born from charges for his maintenance, and may be committed to prison until he finds surety for the same, and shall be liable for the costs of the issue or pro¬ ceeding. From this judgment and finding the affiant, the woman or the defendant may appeal to the next term of the Superior Court of the county, where the trial is to be had de novo. C. S. 2 68. Judgment on appeal to Superior Court against putative father. If the jury at term finds that the person accused is the father of the child, then the judge shall make the order for the maintenance and for costs of proceedings, and shall take bond from the defendant and his sure¬ ties for the maintenance of the child and to indemnify the county and pay the costs; and, in default thereof, may imprison the defendant. ~C. S. 2 69. Woman’s examination presumptive evidence. Upon the trial of the issue of paternity, whether before the justice or at term, the examina¬ tion of the woman taken and returned shall be presumptive evidence against the person accused, subject to be rebutted by other evidence which may be introduced by the defendant. C. S. 270. Upon appeal parties and witnesses recognized. When an appeal is taken the justice shall recognize the person accused of being the father of the child with sufficient surety for his appearance at the next term of the Superior Court for the county, and to abide by and peifoim the oidei of the court The justice shall also recognize the woman and other wit¬ nesses to appear at the Superior Court, and shall return to the court the original papers in the proceeding, and a transcript of his proceedings as required in other cases of appeal. If the putative father fails to appear, unless for good cause shown, the judge shall direct the issue of paternity to be tried If the issue is found against the person accused, he shall order a capias or attachment to be issued for the father, and may also enter up judgment against the father and his surety on his recognizance. 82 State Laws on Public Welfare C. S. 271. Putative father out of county. If the putative father escapes or is in any other county than that of the justice issuing the warrant, it shall be issued, indorsed, executed and returned as provided for warrants in criminal actions. C. S. 272. Continuance till birth of child. When the judge or justice, as the case may be, trying the issue of paternity, deems it proper, he may continue the case until the woman is delivered of the child. When a con¬ tinuance is granted, the court shall recognize the person accused of being the father of the child with surety for his appearance either at the next term of the court or at a time to be fixed by the justice granting the con¬ tinuance, which shall be after the delivery of the woman. ^ C. S. 273, amended by Chap. 109, P, L. 1921. Allowance and bond. When the issue of paternity is found against the putative father, or when he admits the paternity, the judge or justice shall make an allowance to the woman not exceeding the sum of two hundred dollars, to be paid in such installments as the judge or justice shall see fit, and he shall give bond to indemnify the county as prescribed by law; and in default of such payments he shall be committed to prison. C. S. 274. Action barred in three years after birth. All examinations upon oath to charge any man with being the father of a bastard child shall be taken within three years next after the birth of the child, and not after. C. S. 275. Execution for maintenance. When the judge or justice charges the father of a bastard child with its maintenance and the father neglects to pay the same, then the judge or justice, upon application of the party aggrieved, notice being served on the defendant at least ten days before the return day stated in the notice, or such notice being returned by the sheriff or constable that the defendant is not to be found, may order an execution against the property of the father for such sum as the court shall adjudge sufficient for the maintenance of the bastard child. C. S. 276. Putative father when committed or apprenticed. In all cases arising under this chapter, when the putative father is charged with costs or the payment of money for the support of a bastard child, and he is, by law, subject to be committed to prison in default of paying the same, it is competent for the court to sentence him to the house of correction for such time not exceeding twelve months, as the court may deem proper. The putative father, at his discretion, instead of being committed to prison or to the house of correction, may bind himself as an apprentice to any person whom he may select, for such time and at such price as the court may direct. The binding shall be by indenture in open court, and the price obtained shall be paid to the county treasurer. On the indenture being signed by the judge of the court and by the master receiving such apprentice, the person thus bound shall be treated and regarded as an apprentice in all matters except education. C. S. 277. Legitimation of bastards. The putative father of any ille¬ gitimate child may apply by petition in writing to the Superior Court of the county in which he resides, praying that such child may be declared legiti¬ mate; and if it appears that the petitioner is reputed the father of the child, the court may thereupon declare and pronounce the child legitimated; and the clerk shall record the decree. 33 State Laws on Public Welfare exfenrt of legitimation. The effect of such legitimation shall tatherl ole tn lu'’•“'f" "P™ ‘^e father all the obligations which \ Children, and to enable the child to inherit from wprtiLi le ‘ather in the same manner as it he had been born in lawful l,ch child li. 1 ?! "f the real and personal estate of uch child shall be transmitted and distributed according to the statute of descents and distribution among those who would be his heirs and next of kin in case he had been born in lawful wedlock. C. S. 279. Legitimation by subsequent marriage. When the mother of any bastard child and the reputed father of such child shall intermarry or shall have intermarried at any time after the birth of such child, the child shall in all respects, after such intermarriage, be deemed and held to be legitimate and entitled to all the rights in and to the estate, real and per¬ sonal, of its father and mother that it would have had had it been born in lawful wedlock. Supreme Court decisions— Bastardy is a civil action, in the nature of poliee regulation: State v. Currie, 161-275. The intention of proceedings in bas¬ tardy is to secure to the mother her probable expense or to 7 ’eimburse her actual outlay, even though the ehild die at birth: State v. Addington, 11/3-683; and if the child live, to indemnify the county against loss: State v. Broken, 1/6-130. Resemblance of child and accused competent evidence: State v. Hor¬ ton, 100-1/1/3. MISCELLANEOUS LAWS AFFECTING THE CHILD IN ITS RELATION TO THE FAJVHLY C. S. 444 5. Separating child under six months from mother. It shall be unlawful for any person to separate or aid in separating any child under six months old from its mother for the purpose of placing such child in a foster home or institution, or with the intent of removing it from the State for such purpose, unless the consent in writing for such separation shall have been obtained from the clerk of the Superior Court and county health officer of the county in which the mother resides, or of the county in which the child was born; and it shall be unlawful for any mother to surrender her child for such purpose without first having obtained such consent. Any person violating this section shall, upon conviction, be fined not exceeding five hundred dollars or imprisoned for one year, or both, in the discretion of the court. Abandonment C. S. 4447. Abandonment of family by husband. If any husband shall willfully abandon his wife without providing adequate support for such wife, and the children which he may have begotten upon her, he shall be guilty of a misdemeanor. C. S. 4448. Evidence that abandonment was willful. If the fact of abandonment of and failure to provide adequate support for the wife and children shall be proved, or while being with such wife, neglect by the hus¬ band to provide for the adequate support of such wife or children shall be proved, then the fact that such husband neglects applying himself to some honest calling for the support of himself and family, and is found sauntering about, endeavoring to maintain himself by gaming or other undue means, or is a common frequenter of drinking houses, or is a known common drunkard, shall be presumptive evidence that such abandonment and neglect is willful. 3 34 State Laws on Public Welfaee C. S. 4449. Order of support from husband’s property or eaniings. Upon any conviction for abandonment, any judge or any recorder having jurisdiction thereof may, in his discretion, make such order as in his judg¬ ment will best provide for the support, as far as may be necessary, of the deserted wife or children, or both, from the property or labor of the defendant. C. S. 4450. Failure of husband to provide adequate support for family. If any husband, while living with his wife, shall willfully neglect to provide adequate support for such wife or children which he has begotten upon her, he shall be guilty of a misdemeanor. Adoption of Minors C. S. 182. Petition for adoption; contents. Any person desiring to adopt any minor child may file a petition in the Superior Court of the county wherein such child resides, setting forth the name and age of such child and the name of its parents, whether the parents or either of them are living, and if there is no living parent, the name of the guardian, if any, and if there is no guardian, the name of the preson having charge of the child or with whom such child resides, the amount and nature of the child’s estate, if any, and especially if the adoption is for the minority or for the life of the child. C. S. 183. Parties to proceedings. The parent or guardian, or the person having charge of such child, or with whom it may reside, must be a party of record in this proceeding. C. S. 184. Order and letters of adoption. Upon the filing of such peti¬ tion, and with the consent of the parent or parents, if living, or of the guardian, if any, or of the person with whom such child resides, or who may have charge of such child, the court may, if the petitioner is a proper and suitable person, sanction and allow such adoption by an order granting let¬ ters of adoption. C. S. 185. Effect of oixler; child’s light of succession. Such order, when made, shall have the effect forthwith to establish the relation of parent and child between the petitioner and the child during minority or for life of such child, according to the prayer of the petition, with all the duties, powers and rights belonging to the relationship of parent and child, and in case the adoption be for the life of the child, and the petitioner die intestate, such order shall have the further effect to enable such child to inherit the real estate and entitle it to the personal estate of the petitioner in the same manner and to the same extent such child would have been entitled to if such child had been the actual child of the person adopting it. The child shall not inherit and be entitled to the personal estate, if the petitioner especially sets forth in his petition such to be his desire and intention. C. S. 186. Change of child’s name. For proper cause shown in the petition the court may decree that the name of the child shall be changed to that of the petitioner. C. S. 187. Bond to secure orphan’s property. If the child is an orphan and without guardian, and possesses any estate, the court shall require from the petitioner such bond as is required by law to be given by guardians. C. S. 188. Record of order; revocation. The order granting letters of adoption shall be recorded in the office of the clerk of the Superior Court of the county in which it is made, and may be revoked at any time by the court for good cause shown. State Laws on Public Welfare f‘]5 C. S. 189. Abandonment by pai*ent; custody forfeited. In all cases w ere the parent or parents of any child has willfully abandoned the care, custody, nurture and maintenance of the child to kindred, relatives or other persons, such parent or parents shall be deemed to have forfeited all rights and privileges with respect to care, custody and services to such child. C. S. 190. Restoration of parent’s rights. The rights and privileges of such parent may be restored by the voluntary surrender of such child by the person in whose care and custody such child may be, or by order of any judge of the Superior Court in the district in which such child may be when it appears to the satisfaction of such judge that the interest and welfare of such child will not be materially prejudiced by such restoration. The person having the care and custody of any such child shall have at least ten days notice of the time and place of the hearing of the application for such order of restoration, and shall be permitted to resist the same. C. S. 191. Procuring possession of child unlawfully. Any parent whose rights and privileges have been forfeited as provided by the second preceding section, who shall procure the possession and custody of such child, with respect to whom his rights and privileges are forfeited, otherwise than as by law provided, shall be guilty of a crime and shall be punished as for abduc¬ tion. Guardian and Ward Art. 1. Jurisdiction in Matter of Guardianship C. S. 2150. Jurisdiction in clerk of Supeiior Court. The clerks of the Superior Court within their respective counties have full power, from time to time, to take cognizance of all matters concerning orphans and their estates, and to appoint guardians in all cases of infants, idiots, lunatics, inebriates, and inmates of the Caswell Training School. Art. .2. Creation and Terminati07i of Guardianship C. S. 2151, amended by Chap. 21, Public Laws Extra Session 1920. Ap¬ pointment by parents; effect; powers and duties of guardian. Any father, though he be a minor, may, by deed executed in his lifetime and with the written consent and privy examination of the mother, if she be living, or by his last will and testament in writing, if the mother be dead, dispose of the custody and tuition of any of his infant children, being unmarried, and whether born at his death or in ventre sa mere, for such time as the children may remain under twenty-one years of age, or for any less time. Or in case the father is dead and has not exercised his said right of appointment, or has willfully abandoned his wife, then the mother, whether of full age or minor, may do so. Every such appointment shall be good and effectual against any person claiming the custody and tuition of such child or childien. Every guardian by deed or will shall have the same powers and rights and be subject to the same liabilities and regulations as other guardians. C. S. 2152. Natural guaiTlianshii) on death of father. In case of the death of the father of an infant, the mother of such child surviving such father shall immediately become the natural guardian of such child to the same extent and in the same manner, plight and condition as the father would be if living; and the mother in such case shall have all the powers, rights and privileges, and be subject to all the duties and obligations ot a natural guardian. But this shall not be construed as abridging the powers of the courts over minors and their estates and to the appointment o guardians. 36 State Laws on Public Welfare C. S. 2153. Appointment on divorce of parents. When parents are divorced and a child is entitled to any estate, the court granting the divorce must certify that fact to the clerk of the Superior Court, to the end that he may appoint a fit and proper person to take the care and management of such estate, whose powers and duties shall be the same in all respects as other guardians, except that a guardian so appointed shall not have any authority over the person of such child, unless the guardian be the father or mother. C. S. 2154. Appointment when father living. The clerk of the Supe¬ rior Court may appoint a guardian of the estate of any minor, although the father of such minor be living. And the guardian so appointed shall be governed in all respects by the laws relative to guardians of the estate in other cases, but shall have no authority over the person of such minor. C. S. 2155. Separate appointment for person and estate; yearly sup¬ port specified; payments allowed in accounting. Instead of granting gen¬ eral guardianship to one person, the clerk of the Superior Court may commit the tuition and custody of the person to one and the charge of his estate to another, whenever and at any time during minority, inebriety, idiocy or lunacy, it appears most conducive to the proper care of the orphan's, inebri¬ ate's, idiot’s, or lunatic’s estate, and to his suitable maintenance, nurture and education. In such cases the clerk must order what yearly sums of money or other provisions shall be allowed for the support and education of the orphan, or for the maintenance of the idiot, lunatic or inebriate, and must prescribe the time and manner of paying the same; but such allowance may, upon application and satisfactory proof made, be reduced or enlarged, or otherwise modified, as the ward’s condition in life and the kind and value of his estate may require. All payments made by the guardian of the estate to the tutor of the person, according to any such order, shall be deemed just disbursements and be allowed in the settlement of his accounts; but for the payment thereof by the one and the receipt thereof by the .other merely, no commissions shall be allowed to either, though commissions may be allowed to the tutor of the person on his disbursements only. C. S. 2156. Proceedings on aiiplication for guardianship. On applica¬ tion to any clerk of the Superior Court for the custody and guardianship of any infant, idiot, inebriate, lunatic, or inmate of the Caswell Training School, it is the duty of such clerk to inform himself of the circumstances of the case on the oath of the applicant, or of any other person, and if none of the relatives of the infant, idiot, inebriate, lunatic, or inmate of the* Caswell Training School are present at such application, the clerk must assign, or for any other good cause he may assign, a day for the hearing; and he shall thereupon direct notice thereof to be given to such of the relatives and to such other persons, if any, as he may deem it proper to notify. On the hear¬ ing he shall ascertain, on oath, the amount of the property, real and personal, of the infant, idiot, inebriate, lunatic, or inmate of the Caswell Training School, and the value of the rents and profits of the real estate, and he may grant or refuse the application, or commit the guardianship to some other person, as he may think best for the interest of the infant, idiot, inebriate, lunatic, or inmate of the Caswell Training School. C. S. 2157. Letters of gTiai*diansliip. The clerk of the Superior Court must issue to every guardian appointed by him a letter of appointment, which shall be signed by him and sealed with the seal of his office. 37 State Laws on Public Welfare C. S. 2158. Removal by clerk. The clerks of the Superior Court have power, on information or complaint made, at all times to remove guardians and appoint successors, to make and establish rules for the better ordering, managing and securing infants' estates, and for the better education and maintenance of wards; and it is their duty to do so in the following cases: 1. Where the guardian wastes or converts the money or estate of the ward to his own use. 2. Where the guardian in any manner mismanages the estate. 3. Where the guardian is about or intends to marry any ward in dispar¬ agement. 4. Where the guardian neglects to educate or maintain the ward in a manner suitable to his or her degree. 5. Where the guardian is legally disqualified to act as a person would be to be appointed administrator. 6. Where the guardian or his sureties are likely to become insolvent or nonresidents of the State. C. S. 2159. Interlocutory orders on revocation. In all cases where the letters of a guardian are revoked, the clerk of the Superior Court may, from time to time, pending any controversy in respect to such removal, make such interlocutory orders and decrees as will tend to the better securing the estate of the ward, or other party seeking relief by such revocation. C. S. 2160. Resignation; effect; accounting on resignation. Any guard¬ ian wishing to resign his trust may apply in writing to the Superior Court, setting forth the circumstances of his case. If, at the time of making the application, he also exhibits his final account for settlement, and if the clerk of the Superior Court is satisfied that the guardian has been faithful and has truly accounted, and if a competent person can be procured to succeed in the guardianship, the clerk of the Superior Court may accept the resigna¬ tion of the guardian and discharge him from the trust. But the guardian so discharged and his sureties are still liable in relation to all matters con¬ nected with the trust before the resignation. Art. 3. Guardian's Bond C. S. 2161. Bond to be given before receiving property. No guardian appointed for an infant, idiot, lunatic, insane person or inebriate, shall be permitted to receive property of the infant, lunatic, idiot, insane person or inebriate until he shall have given sufficient security, approved by a judge, or the court, to account for and apply the same under the direction of the court. C. S. 2162. Tenns and conditions of bond; increased on sale of realty. Every guardian of the estate, before letters of appointment are issued to him, must give a bond payable to the State, with two or more sufficient sureties, to be acknowledged before and approved by the clerk of the Superior Court, and to be jointly and severally bound. The penalty in such bond must be double, at least, the value of all personal property and the rents and profits issuing from the real estate of the infant, which value is to be ascertained by the clerk of the Superior Court by the examination, on oath, of the applicant for guardianship, or of any other person. The bond must be conditioned that such guardian shall faithfully execute the trust reposed in him as such, and obey all lawful orders of the clerk or judge touching the guardianship of the 38 State Laws on Public Welfake estate committed to him. If, on application by the guardian, the court or judge shall decree a sale for any of the causes prescribed by law of the prop¬ erty of such infant, idiot, lunatic, or insane person, before such sale be con¬ firmed, the guardian shall be required to file a bond as now required in double the amount of the real property so sold. C. S. 2163. To be recorded in clerk’s office; action on bond. The bond so taken shall be recorded in the office of the clerk of the Superior Court appointing the guardian; and any person injured by a breach of the condi¬ tion thereof may prosecute a suit thereon, as in other actions. C. S. 2164. AVhere several waixls with estate in common, one bond siif- licient. When the same person is appointed guardian to two or more minors, idiots, lunatics or insane persons possessed of one estate in common, the clerk of the Superior Court may take one bond only in such case, upon which each of the minors or persons for whose benefit the bond is given, or their heirs or personal representatives, may have a separate action. C. S. 2165. Renewal of bond every three years; enforcing renewal. Every guardian shall renew his bond before the clerk of the Superior Court every three years, during the continuance of the guardianship. The clerk of the Superior Court shall issue a citation against every guardian failing to renew his bond, requiring such guardian to renew his bond within twenty days after service of the citation; and on return of the citation duly served and failure of the guardian to comply therewith, the clerk shall remove him and appoint a successor. C. S. 2166. Relief of endangered sureties. Any surety of a guardian, who is in danger of sustaining loss by his suretyship, may file his complaint before the clerk of the Superior Court where the guardianship was granted, setting forth the circumstances of his case and demanding relief; and there¬ upon the guardian shall be required to answer the complaint within twenty days after service of the summons. If, upon the hearing, the clerk of the Superior Court deem the surety entitled to relief, the same may be granted by compelling the guardian to give a new bond, or to indemnify the surety against apprehended loss, or by the removal of the guardian from his trust; and in case the guardian fail to give a new bond or security to indemnify when required to do so within reasonable time, the clerk of the Superior Court must enter a peremptory order for his removal, and his authority as guardian shall thereupon cease. C. S. 2167. Liability of clerk for taking insufficient boml. If any clerk of the Superior Court shall commit the estate of an infant, idiot, lunatic, insane person or inebriate to the charge or guardianship of any person with¬ out taking good and sufficient security for the same as directed by law, such clerk shall be liable, on his official bond, at the suit of the party aggrieved, for all loss and damages sustained for want of security being taken; but if the sureties were good at the tim'e of their being accepted, the clerk of the Superior Court shall not be liable. C. S. 2168. Liability of clerk for other defaults. If any clerk of the Superior Court shall willfully or negligently do, or omit to do, any other act prohibited, or other duty imposed on him by law, by which act or omission the estate of any ward suffers damage, he shall be liable therefor as directed in the preceding section. State Laws ok Public Welfare 39 Akt. 4. Poicers and Duties of Guardian C. S. 2169. To take charge of estate. Every guardian shall take pos¬ session, for the use of the ward, of all his estate, and may bring all necessary actions therefor. C. S. 2170. To sell perishable goods on order of clerk. Every guardian shall sell, by order of the clerk of the Superior Court, all such goods and chattels of his ward as may be liable to perish or be the worse for keeping. Every such order shall be entered in the order record of the Superior Court and must contain a descriptive list of the property to be sold, with the terms of sale. C. S. 2171. How sales and rentals made. All sales and rentings by guardians shall be publicly made, between the hours of ten o’clock a. m. and four o’clock p. m., after twenty days notice, posted at the courthouse and four other public places in the county. But, upon petition by the guardian, the clerk of the Superior Court of the county in which the land of the ward is situated, or of the county wherein the guardian has qualified, may make an order, on satisfactory evidence, upon the oath of at least two disinterested freeholders acquainted with the said land, that the best interests of the said ward will be subserved by a private renting of said land, allowing the guard¬ ian to rent the land privately. The terms of all such rentings shall be reported to said clerk of the Superior Court and be approved by him. In cases where guardians have^ heretofore rented their ward’s land at private rentings in good faith and for the benefit of the ward’s estate, they shall not be liable to the penalty heretofore prescribed by law. The proceeds of all sales of personal estate and rentings of real property, except the rentings of lands leased for agricultural purposes, when not for cash, shall be secured by bond and good security. C. S. 2172. When lands may be leased. The guardian may lease the lands of an infant for a term not exceeding the end of the current year in which the infant shall come of age, or die in nonage. But no guardian, with¬ out leave of the clerk of the Superior Court, shall lease any land of his ward without impeachment of waste, or for a term of more than three years, unless at a rent not less than three per centum on the assessed taxable value of the land. C. S. 2173. When guardians to cultivate lands of wards. Where any parent of a minor child qualifies as guardian of such child, and the waid owns or is entitled to the possession of any real estate used or which may be used for agricultural purposes, such guardian may make application to the clerk of the Superior Court of the county wherein the land is situate for per¬ mission to cultivate it, and the petition shall set forth the nature, extent and location of the same. It shall then be the duty of the clerk to appoint three disinterested resident freeholders, who shall go upon the land and, after being sworn to act impartially, assess the annual rental value thereof. The commissioners shall report their proceedings and findings to the clerk within ten days after the notification of their appointment, and if the clerk shall deem the same to be the interest of the ward he shall make an order allow¬ ing the guardian to cultivate the land for a term not exceeding three years at the annual rental value assessed by the commissioners to be paid to the ward bv the guardian. The term, however, shall not extend beyond the minority of the minor. The commissioners shall receive as compensation for said services the same fees as are allowed commissioners in partition ot real estate. 40 State Laws on Public Welfare C. S. 2174. When timber may be sold. In case the land cannot be rented for enough to pay the taxes and other dues thereof, and theie is not money sufficient for that purpose, the guardian, with the consent of the clerk of the Superior Court, may annually dispose of or use so much of the light- wood, and box or rent so many pine trees, or sell so much of the timber on the same, as may raise enough to pay the taxes and other duties thereon, and no more, C. S. 2175. Plate and jewelry to be kept. All plate and jewelry shall be preserved and delivered to the ward at age, in kind, according to weight and quantity. C. S. 2176. Personal representative of guardian to pay over to clerk. In all cases where a guardian of any minor child or of an idiot, lunatic, inebriate or insane person dies, it is competent for the executor or adminis¬ trator of such deceased guardian, at any time after the grant of letters testa¬ mentary or of administration, to pay into the office of the clerk of the Superior Court of the county where such deceased guardian was appointed, any moneys belonging to any such minor child, idiot, lunatic, insane person or inebriate, and any such payment shall have the effect to discharge the estate of said deceased guardian and his sureties upon his guardian bond to the extent of the amount so paid. C. S. 2177. Collection of claims; duty and liability. Every guardian shall diligently endeavor to collect, by all lawful means, all bonds, notes, obligations or moneys due his ward when any debtor or his sureties are likely to become insolvent, on pain of being liable for the same. C. S. 2178. Liability for lands sold for taxes. If any guardian suffer his ward’s lands to lapse or become forfeited or be sold for nonpayment of taxes or other dues, he shall be liable to answer for the full value thereof to his ward, C. S. 2179. Liability for costs. All fees and costs of the Superior Court for issuing orders, citations, summonses or other process against guardians for their supposed defaults shall be paid by the party found in default. Art. 5. Sales of Ward’s Estate C. S, 2180. Special proceedings to sell; judge’s approval required. On application of the guardian by petition, verified upon oath, to the Superior Court, showing that the interest of the ward would be materially promoted by the sale or mortgage of any part of his estate, real or personal, the pro¬ ceeding shall be conducted as in other cases of special proceedings; and the truth of the matter alleged in the petition being ascertained by satisfactory proof, a decree may thereupon be made that a sale or mortgage be had by such person, in such way and on such terms as may be most advantageous to the interest of the ward; but no sale or mortgage shall be made until approved by the judge of the court, nor shall the same be valid, nor any con¬ veyance of the title made, unless confirmed and directed by the judge, and the proceeds of the sale or mortgage shall be exclusively applied and secured to such purposes and on such trusts as the judge shall specify. The guardian may not mortgage the property of his ward for a term of years exceeding the minority of the ward. The word “mortgage” wherever used herein shall be construed to include deeds in trust. 41 State Laws on Public AVelfare C. S. 2181. Fund from sale has character of estate sold and subiect TXT ^ __" sold; and in all such cases of sale, whereby real is substituted by personal or personal by real property, the beneficial interest in the property acquired shall be enjoyed, alienated, devised or bequeathed, and shall descend and be distributed, as. by law the property sold might and would have been had it not been sold, until it be reconverted from the character thus impressed upon It by some act of the owner and restored to its character proper. C. S. 2182. Sale of wall’s estate to make assets. When a guardian has notice of a debt or demand against the estate of his ward, he may apply by petition, setting forth the facts, to the clerk of the Superior Court wherein the guardianship was granted, for an order to sell so much of the personal or real estate as may be sufficient to discharge such debt or demand; and the order of the court shall particularly specify what property is to be sold and the terms of sale; but no real estate shall be sold under this section, in any case, without the revision and confirmation of the order therefor by the judge of the Superior Court. The proceeds of sale under this section shall be considered as assets in the hands of the guardian for the benefit of creditors, in like manner as assets in the hands of a personal representative; and the same proceedings may be had against the guardian with respect to such assets as might be taken against an executor, administrator or collector in similar cases. Art. 6. Returns and Accounting C. S. 2183. Return within three months. Every guardian, within three months after his appointment, shall exhibit an account, upon oath, of the estate of his ward, to the clerk of the Superior Court; but such time may be extended by the clerk of the Superior Court, on good cause shown, not exceeding six months. C. S. 218 4. Procedure to comiJel retuni. In cases of default to exhibit the return required by the preceding section, the clerk of the Superior Court must issue an order requiring the guardian to file such return forthwith, or to show cause why an attachment should not issue against him. If, after due service of the order, the guardian does not, on the return day of the order, file such return, or obtain further time to file the same, the clerk of the Superior Court shall issue an attachment against him, and commit him to the common jail of the county till he files such return. C. S. 2185. Additional assets to be retui'ne authenticated, and must prove to the court that the bond is sufficient, as well in the ability of the sureties as in the sum mentioned therein, to secure all the estate of the ward wherever situated. Any person may be made a party defendant to the proceeding who may be made a party defendant in civil actions under the provisions of the chapter entitled Civil Procedure. Art. 9. Estates Without Guardum C S 2197 Duty of grand jury ns to orphans and guaidiaiis. The grand jury of every county is charged with and shall present to the Superior Court the names of all orphan children that have no guardian or are not boind out toLme trade or employment. They shall lurther inquire ot al abuses, mismanagement and neglect of all such f bv the clerk of the Superior Court. The clerk ot the Supeiior Court shall at each term of the Superior Court, lay before the grand jury a list the guardians acting in his county or appointed by 1 C S 219 8 Solicitor to apply for receiver for orphans’ estates. When- 44 State Laws on Public Welfare give notice thereof forthwith to the solicitor of the State for the judicial district, who shall apply in behalf of the orphan to the judge of the Superior Court of the county where such presentment was made, to the end that a receiver be appointed. C. S. 2199. Solicitor to prosecute bond of guardian removed without a successor. Whenever any guardian is removed, and no person is ap¬ pointed to succeed in the guardianship, the clerk of the Superior Court shall certify the name of such guardian and his sureties to the solicitor of the judicial district, who shall forthwith institute an action on the bond of the guardian in the Superior Court, for securing the estate of the ward. C. S. 2200. Judge to appoint receiver; his rights and duties. The judge of the Superior Court, either residing in or presiding over the courts of the district, before whom such action is brought, shall have power to appoint the clerk of the Superior Court or some discreet person as a receiver to take possession of the ward’s estate, to collect all moneys due to him, to secure, lend, invest or apply the same for the benefit and advantage of the ward, under the direction and subject to such rules and orders in every respect as the said judge may from time to time make in regard thereto; and the accounts of such receiver shall be returned, audited and settled as the judge may direct. The receiver shall be allowed such amounts for his time, trouble and responsibility as seem to the judge reasonable and proper; and such receivership may be continued until a suitable person can be procured to take the guardianship. C. S. 2201. Receiver to pay over estate to infant or guardian. When another guardian is appointed, he may apply by motion, on notice, to the judge of the Superior Court for an order upon the receiver to pay over all the money, estate and effects of the ward; and if no such guardian is appointed, then the ward, on coming of age, or in case of his death, his executor, administrator or collector, and the heir or personal representative of the idiot, lunatic or insane person, shall have the like remedy against the receiver. C. S. 2202. Duties and compensation of solicitor. The solicitor shall prosecute the action and take all necessary orders therein, and for his serv¬ ices shall be allowed such reasonable compensation as may be just, not to exceed ten dollars; in passing on the returns of receivers, where the estate of the infant does not exceed five hundred dollars, not to exceed five dollars; and where the estate exceeds five hundred dollars, not to exceed ten dollars. The amount in each case to be fixed by the judge. See, also, under Duties of County Superintendents of Public Welfare and Juvenile Coui'ts. CONTROL OVER INDIGENT CHILDREN C. S. 50 63. Distitution has authority of parent or guardian. Every indigent child which may be placed in any orphanage, children’s home, or child-placing institution in this State, which shall be an institution existing under and by virtue of the laws of this State, shall be under the control of the authorities of such institution so long as, under the rules and regula¬ tions of such institution, the child is entitled to remain in the same. The authority of the institution shall be the same as that of a parent or guardian before the child was placed in the institution; but such authority shall extend only to the person of the child. 45 State Laws on Public Welfare C. S. 50 6 4. Regulations of institution not abrogated. Nothing in this article shall be construed in any way to abrogate any of the rules and regu- ations of such institutions in so far as the rules and regulations have for their purpose the welfare and protection of the institutions. C. S. 50 65. Enticing a child from institution. It is unlawful for any person to entice or attempt to entice, persuade, harbor, or conceal, or in any manner induce any indigent child to leave any of the institutions hereinbe¬ fore mentioned without the knowledge or consent of the authorities of such institutions. But this article shall not interfere with a mother’s right to her child in case she becomes able to sustain her child; and the county com¬ missioners in the county in which she resides shall, in case of doubt, have authority to recommend to the institution concerning the child. C. S. 50 66. Violation a misdemeanor. Any person violating any of the provisions of the three preceding sections shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, or both, in the discretion of the court. C. S. 50 67. Institutions for care of children must have license. It shall be unlawful for any person, institution, or organization for the purpose of caring for or placing children to carry on such work or business without having in full force a written license therefor from the State Board of Charities and Public Welfare. OFFENSES AGAINST CHILDREN C. S. 4 444. Age of legal maiTiage. If any person shall marry a female under the age of fourteen years, he shall be guilty of a misdemeanor. [Age of Legal Marriage, as Amended by Chap. 75 , Public Laws 1923 .] AN ACT TO PREVENT THE MARRIAGE OF FEMALES UNDER SIXTEEN YEARS OF AGE EXCEPT BY CONSENT OF PARENTS OR PERSONS STANDING IN RELATION OF A PARENT AND UPON SPECIAL LICENSE. The General Assembly of North Cai'Olina do enact: Section 1. That the word “fourteen” in line two of section two thousand four hundred and ninety-four of the Consolidated Statutes be stricken out and the word “sixteen” be inserted in lieu thereof; and that at the end of said section there be added the words: Provided, that females over fourteen years of age and under sixteen years of age may marry under a special license to be issued by the register of deeds, which said special license shall only be issued after there shall have been filed with the register of deeds 'a written consent to such marriage signed by one of the parents of the female, or signed by that person standing in loco parentis to such female, and that the fact of the filing of such written consent shall be set out in said special license. Sec. 2. That all laws or parts of laws in conflict herewith are hereby repealed. Sec. 3. That this act shall be in force from and after May 1, 1923. Ratified this the 24th day of February, A.D. 1923. 46 State Laws on Public Welfare Age OB" Consb:nt C. S. 4204. Piinisluiiernt for rape. Every person who is convicted of ravishing and carnally knowing any female of the age of twelve years or more by force and against her will, or who is convicted of unlawfully and carnally knowing and abusing any female child under the age of twelve years, shall suffer death. [The Age of Consent, as Amended by Chap. 140 , Public Laws 1923 .] AN ACT TO AMEND SECTION 4209 OF THE CONSOLIDATED STATUTES. The Gene7'al Assembly of North Carolina do enact: Section 1. That section four thousand two hundred and nine of the Con¬ solidated Statutes be and the same is hereby amended so as hereafter to read as follows: “If any male person shall carnally know or abuse any female child, over twelve and under sixteen years of age, who has never before had sexual intercourse with any person, he shall be guilty of a felony and shall be fined or imprisoned in the discretion of the court; and any female person who shall carnally know any male child under the age of sixteen years shall be guilty of a misdemeanor and shall be fined or imprisoned in the discretion of the court: Provided, that if the offenders shall be married or shall there¬ after marry, such marriage shall be a bar to further prosecution.” Sec. 2. That all persons charged with a violation of this act under the age of sixteen years shall be subject to the jurisdiction of the Juvenile Court, and such other courts as may hereafter exercise such jurisdiction, and shall be classed as delinquents and not as felons: Provided, that where the offend¬ ers agree to marry, the consent of the parents shall not be necessary: Pro¬ vided further, that any male person convicted of the violation of this act, who is under (18) eighteen years of age, shall be guilty of a misdemeanor only. Sec. 3. That this act shall be in force from and after the first day of July, one thousand nine hundred and twenty-three. Ratified this the 3d day of March, A.D. 1923. Kidnapping and Abduction C. S. 4221. Punishment for kidnapping. If any person shall forcibly or fraudulently kidnap any person, he shall be guilty of a felony, and upon conviction may be punished in the discretion of the court, not exceeding twenty years in the State’s Prison. C. S. 4222. Enticing minors out of the State for purposes of employ¬ ment. If any person shall employ and carry beyond the limits of this State any minor, or shall induce any minor to go beyond the limits of this State, for the purpose of employment without the consent in writing, duly authenticated, of the parent, guardian or other person having authority over such minor, he shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than five hundred dollars and not more than one thousand dollars for each offense. The fact of the employment and going out of the State of the minor, or of the going out of the State by the minor, at the solicitation of the person for the purpose of employment, shall be 2 )rima facie evidence of knowledge that the person employed or solicited to go beyond the limits of the State is a minor. C. S. 4223. Abduction of children. If anyone shall abduct or by any means induce any child under the age of fourteen years, who shall reside State Laws on Public AYelfaee 47 with its father, mother, “uncle, aunt, brother, or elder sister, or shall reside at a school, or be an orphan and reside with a guardian, to leave such per¬ son or school, he shall be guilty of a felony, and on conviction shall be fined or imprisoned in the State’s Prison for a period not exceeding fifteen years. C. S. 4224. Conspiring to abduct children. If anyone shall conspire to abduct, or by any means to induce any child under the age of fourteen years, who shall reside with any of the persons designated in the preceding section, or shall reside at school, to leave such persons or the school, he shall be guilty of a felony, and on conviction shall be punished as prescribed in the preceding section: Provided, that no one who may be a nearer blood relation to the child than the persons named in the preceding section shall be indicted for either of said offenses. Prostitution C. S. 4346. Permitting unmarried female under eighteen in house of prostitution. Whoever, being the keeper of a house of prostitution, or assignation house, building or premises in this State where prostitution, fornication, or concubinage is allowed or practiced, shall suffer or permit any unmarried female under the age of eighteen years to live, board, stop, or room in such house, building or premises, shall be guilty of a misdemeanor. Cigarettes C. S. 4438. Selling cigarettes to minors. If any person shall sell, give away, or otherwise dispose of, directly or indirectly, cigarettes, or tobacco in the form of cigarettes, or cut tobacco in any form or shape which may be used or intended to be used as a substitute for cigarettes, to any minor under the age of seventeen years; or if any person shall aid, assist, or abet any other person in selling such articles to such minor, he shall be guilty of a misde¬ meanor, and upon conviction shall be punished by fine or imprisonment in the discretion of the court. C. S. 4439. Aiding minors in procuring cigarettes; duty of police offi¬ cers. If any person shall aid or assist any minor child under seventeen years old in obtaining the possession of cigarettes, or tobacco in any form used as a substitute therefor, by whatsoever name it may be called, he shall be guilty of a misdemeanor and, upon conviction, shall be fined or imprisoned in the discretion of the court. It shall be the duty of every police officer, upon knowledge or information that any minor under the age of seventeen years is or has been smoking any cigarette, to inquire of any such minor the name of the person who sold or gave him such cigarette, or the substance from which it was made, or who aided and abetted in effecting such gift or sale. Upon receiving this informa¬ tion from any such minor, the officer shall forthwith cause a warrant to be issued for the person giving or selling, or aiding and abetting in tie giving or selling of such cigarette or the substance out of which it was made, and Have such person dealt with as the law directs. ° fail or refuse to give to any officer, upon inquiry, the name of the peison selling or giving him such cigarette, or the substance out of which it was made, shall be guilty of a misdemeanor. Firearms C S. 4440. Selling or giving weapons to minors. It any person shall knowinelv sell, offer for sale, give, or in any way dispose of to a minor any pistol or pistol cartridge, brass knucks, bowie-knife, dirk, loaded cane, or sling-shot, he shall be guilty of a misdemeanor. 48 State Laws on Public Welfare C. S. 4441. Peiniittiiig young children to use dangerous fireaims. Any person, being the parent or guardian of, or standing in loco parentis to, any child under the age of twelve years who shall knowingly permit such child to have the possession or custody of, or use in any manner whatever, any gun, pistol, or other dangerous firearm, whether such firearm be loaded or unloaded, or any other person who shall knowingly furnish such child any such firearm, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days. Billiard Rooms, etc. C. S. 4442. Peimitting minors to enter barrooms, billiard rooms, and bowling alleys. If the keeper or owner of any barroom, billiard room, or bowling alley shall allow any minor to enter or remain in such barroom, bil¬ liard room, or bowling alley, where before such minor enters or remains in such barroom, billiard room, or bowling alley, the owner or keeper thereof has been notified by the parents or guardian of such minor not to allow him to enter or remain in such barroom, billiard room, or bowling alley, he shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days. Exposure to Fire C. S. 4443. Exposing cbildren to fire. If any person shall leave any child of the age of seven years or less locked or otherwise confined in any dwelling, building, or enclosure, and go away from such dwelling, building, or enclosure without leaving some person of the age of discretion in charge of the same, so as to expose the child to danger by fire, the person so offend¬ ing shall be guilty of a misdemeanor, and shall be punished at the discretion of the court. Failure to Pay Minor for Work C. S. 4446. Failing to pay minors for doing certain work. Whenever any person, having a contract with any corporation, company, or person for the manufacture or change of any raw material by the piece or pound, shall employ any minor to assist in the work upon the faith of and by color of such contract, with intent to cheat and defraud such minor, and, having secured the contract price, shall willfully fail to pay the minor when he shall have performed his part of the contract work, whether done by the day or by the job, the person so offending shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days. INSTITUTIONS FOR CHILDREN Samarcand Manor C. S. 733 4. Persons committed to the refoniiatory; time of detention. Any girl or woman who may come or be brought before any court of the State, and may either confess herself guilty or have been convicted of being a habitual drunkard, or being a prostitute, or of frequenting dis¬ orderly houses or houses of prostitution, or for vagrancy, or of any other misdemeanor, may be committed by such court for confinement in the insti¬ tution aforesaid: Provided, such person is not insane or mentally or physi¬ cally incapable of being substantially benefited by the discipline of such institution; and Provided further, that before sentencing such person to con¬ finement in the institution the court shall ascertain whether the institution is in position to care for such person; and it shall be at all times within the discretion of the board of directors as to whether the board will receive any State Laws on Public Welfake 49 person in the institution. No commitment shall be for any definite term but any person so committed may be paroled or discharged at any time aTtm’ her commitment by the board of managers, but no inmate shall in any case be detained longer than three years. When any such person shall come e ore any court for the purpose of confessing guilt or for trial, the court shall as far as feasible and as far as consistent with public policy, give a private hearing, and in all respects avoid unnecessary publicity in connec¬ tion with the proceedings before the court. Note. It is the policy of Samarcand to give preference to vonno- firmed prostitutes are not admitted. preierence to young girls. The older, con- Chap. 69, Public Laws. Extra Session 1921. Time of detention changed. That section seven thousand three hundred and thirty-four of the Consoli¬ dated Statutes be amended by inserting in line fifteen after the word “years” the following: P^'ovided, that when any girl under twenty-one years of age shall have been committed to the institution the trustees shall have the sole right and authority to keep, restrain and control her until she is twenty-one years old, or until such time as they shall deem proper for her discharge, under such proper and humane rules and regulations as may be adopted by the trustees.” C. S. 7335. Delivery of inmates to institution; expenses. It shall be the duty of the county authorities of the county from which any girl or woman is sent to the home, or the city authorities, if the girl or woman is ordered to be sent to the home by any city court, to see that such girl or woman is safely and duly delivered to the home, and to pay all the expenses incident to her conveyance and delivery to the home. C. S. 733 6. Voluntary application for admission; care of children. In addition to caring for such persons as may be committed to the institution by order of the court, the board of managers may, in their discretion, receive into the institution any such person who may have in writing confessed her¬ self guilty of any offense or any wayward conduct and may in writing express her desire to become an inmate of the institution; but the board shall not admit any such person unless upon examination of such person, freely and voluntarily held under the direction of the board, the board shall conclude that confinement in the institution will probably aid in the reformation of such person. Any person becoming an inmate of the institution under the provisions of this section shall be subject to the same rules and regulations as those who have been committed by order of court, and shall be detained for such time as the board, in its judgment, may deem best, not exceeding, however, the term of three years. And it shall further be the duty of the board of managers to make suitable provision for the care and maintenance of children born in the institution, and also of the infant children that any woman may have when she is committed to the institution. C. S. 7337. Law as to juvenile delinquents applied. The provisions of the chapter pertaining to the reclamation and training of juvenile delin¬ quents shall apply to young girls, and any court before whom a young girl is brought pursuant to the provisions of said chapter may be by order of court placed in the institution herein established, and shall be subject to all provisions of law relating thereto: Provided, however, that no girl shall be admitted to the institution under this provision without the previous consent of the board of managers. 4 50 State Laws on Public Welfake C. S. 7338. Discharge on parole; arrest for escape or violation of parole. The board of managers may conditionally discharge any person at any time, and if any such person shall violate any condition of her parole or shall violate any condition upon which she has been discharged, or if any inmate escape from the institution, the board of managers may cause any such per¬ son to be rearrested and returned to the institution and be detained therein for the unexpired portion of her term, dating from the time of her parole, conditional discharge, or escape. The board of managers is empowered to issue to any person designated by the board a commitment signed by the president and attested by the secretary, and having attached thereto the common seal of the corporation, by the terms of which commitment such per¬ son may be authorized and empowered to apprehend any such person who may have violated her parole or any condition of her discharge or that may have escaped, and carry such person back to the institution. Such commit¬ ment shall briefly state the reason for the issuance of the same, and the person designated to execute the same may execute it in any county of the State. Stonewall Jackson Manual Training and Industrial School C. S. 7314. Purpose of the school. The trustees are empowered to establish and operate a school for the training and moral and industrial development of the criminally delinquent children of the State; and when such school has been organized the trustees may, in their discretion, receive therein such delinquent and criminal children under the age of sixteen years as may be sent or committed thereto under any order or commitment by the judges of the Superior Courts, the judges of the juvenile courts, or the recorders or other presiding officers of the city or criminal courts, and shall have the sole right and authority to keep, restrain, and control them during their minority, or until such time as they shall deem proper for their dis¬ charge, under such proper and humane rules and regulations as may be adopted by the trustees. All laws and clauses of laws in conflict with this section are hereby repealed. C. S. 7320. Powers of superintendent. The superintendent employed by the board is authorized to require obedience from all inmates of the school, and is intrusted with the authority for correcting and punishing any inmate thereof to the same extent as a parent may under the law impose upon his own child, and the trustees shall have the right at any time to discharge the superintendent for cause. C. S. 7322. Courts may commit offenders to reformatory. The judges of the Superior courts, recorders, or other presiding officers of the city or criminal courts of the State, shall have authority, and it shall lie their duty, to sentence to the school all persons under the age of sixteen years convicted in any court of this State of any violation of the criminal laws: Provided. that such judge or other of said officers shall be of the opinion that it w'ould be best for such person, and the community in which he may be convicted, that he should be so sentenced. Any commitment under this article, whether by judge or court, as hereinbefore provided, shall be full, sufficient, and compe¬ tent authority to the officers and agents of the school for the detention and keeping therein of the child so committed. C. S. 7323. Govemor may transfer iirisouers to reformatory. The Gov¬ ernor of the State may by order transfer any person under the age of sixteen years from any jail, chain gang, or penitentiary in this State to such reforma¬ tory. State Laws on Public Welfare 51 Eastern Carolina Industrial Training School for Boys [Chapter 254,. Public Laws 1923.] AN ACT TO ESTABLISH THE EASTERN CAROLINA INDUSTRIAL TRAINING SCHOOL FOR BOYS. The General Assembly of No7'th Carolina do enact: Section 1. That a corporation to be known and designated as the Eastern Carolina Industrial Training School for Boys be and the same is hereby created, and as such corporation and under said name it may sue and be sued, plead, be impleaded, hold, use, and sell and convey real estate, receive gifts and donations and appropriations and do all other things necessary and requi¬ site for the purposes of its organization as hereinafter specified. Sec. 2. That said institution shall be under the control and management of a board of five trustees. All of said trustees shall be appointed by the Governor of the State, who in the first appointment shall appoint one of the said trustees for a term of one year, two for a term of two years, two for a term of four years, and at the end of the term of any trustee the Governor shall appoint the successor for ^ term of four years. All vacancies on the board, occurring for any cause, shall be filled by the Governor. Each member of the board shall be entitled to receive necessary expenses for each and every day engaged in the business of the institution. Sec. 3. The trustees are empowered to establish and operate a school for the training and moral and industrial development of the criminally delin¬ quent white boys of the State; and when such school has been organized the trustees may, in their discretion, receive therein such delinquent and crimi¬ nal boys under the age of eighteen years as may be sent or committed thereto under any order or commitment by the judges of the Superior Courts, the judges of the juvenile courts or the recorders or other presiding officers of the city or criminal courts, and shall have the sole right and authority to keep, restrain, and control them during their minority, or until such time as they shall deem proper for their discharge, under such proper and humane rules and regulations as may be adopted by the trustees. All laws and clauses of laws in conflict with the provisions of this section are hereby repealed. Sec. 4. That the board of trustees shall select a suitable place outside of and away from any city, town or village, for the erection of such a school, such location to be in the eastern part of North Carolina not farther west than twenty miles of the main line of the Atlantic Coast Line Railroad, and said board of trustees is empowered to purchase at some suitable and con¬ venient place, not less than one hundred acres nor more than five hundred acres of land whereon to, erect and operate such school. Sec 5 It shall be the duty of the Governor to name the board of trustees hereinbefore provided for, and to call, not later than the first day of Septem¬ ber, one thousand nine hundred and twenty-three, a meeting of the trustees herein named, at his office in Raieigh, and at such meeting the trustees shall proceed to the election of a treasurer, superintendent tor the school, and such other officers for the board and school as they deem proper. Sec 6 All moneys received by the trustees by private gifts, donations or otherwise shall be expended in the establishment, operation and maintenance of the school for the training and the moral and industrial development of such delinquent boys, and in securing homes for them; and it shall be their duty to duly account tor all moneys so received by them and to make report ot the manner ot its expenditure and of the work done by them as herein- after more particularly provided for. 52 State Laws ox Public Welfare Sec. 7. The treasurer and superintendent shall, before receiving any of said funds, make a good and sufficient bond, payable to the State of North Carolina, in such sums as may be named by the Governor and approved by the State Treasurer. Sec. 8. The superintendent employed by the board is authorized to require obedience from all the inmates of the school, and is intrusted with the authority for correcting and punishing any inmate thereof to the same extent as a parent may under the law impose upon his own child, and the trustees shall have the right at any time to discharge the superintendent for cause. Sec. 9. The judges of the Superior Courts, recorders, or other presiding officers of the city or criminal courts of this State shall have authority, and it shall be their duty, to sentence to the school all persons under the age of eighteen years convicted in any court of this State of any violation of the criminal laws: Provided, that such judge or other of said officers shall be of the opinion that it would be best for such person, and the community in which he may be convicted, that he should be so sentenced. Any commit¬ ment under this act, whether by judge or court, as hereinbefore provided, shall be full, sufficient, and competent authority to the officers and agents of the school for the detention and keeping therein of the boy so committed. Sec. 10. The Governor of the State may by order transfer any boy under the age of eighteen years from any jail, chain-gang or penitentiary in this State to such school. Sec. 11. There shall be established and conducted on such lands as may be owned in connection with the school such agriculture, horticulture, work¬ shops, and other pursuits as the board of trustees may deem expedient so as to keep regularly at work all able-bodied inmates. Sec. 12. The officers of the school shall receive and take into it all boys committed thereto by competent authority, or received therein as aforesaid, and shall cause all such boys in the school to be instructed in such rudi¬ mentary branches of useful knowledge as may be suited to their various ages and capacities. The boys shall be taught such useful trades and given such manual training as the board may direct, and shall perform such manual labor as the principal or other superintending officers, subject to the direction of the board, may order.* All inmates shall, if possible, be taught the precepts of the Holy Bible, good moral conduct, how to work and to be industrious. Sec. 13. The board of trustees shall have the management and control of the school, and shall have authority to employ a superintendent and such other assistants as they may deem necessary; to fix their salaries, to define their duties, to discharge any employees, and to make any and all rules and regulations as they may deem necessary for the management and conducting of such school under the provisions of this act, and not inconsistent there¬ with. Sec. 14. If it shall appear to the board of trustees that any inmate of the school is or becomes ungovernable and is exerting an unwholesome influence over any other inmate, it shall be their duty to certify the same to the Gov¬ ernor of the State, and he may order such inmate to the State’s Prison or to the jail or chain-gang in the county in which such inmate was convicted, where such person shall serve out his unexpired term. Sec. 15. That the sum of five thousand dollars is hereby appropriated annually for the years of one thousand nine hundred and twenty-three and one thousand nine hundred and twenty-four for the support and maintenance of said institution as is provided in a bill entitled “An act to make appro priations for the maintenance of the State’s institutions,” passed at this General Assembly, and the further sum of twenty-five thousand dollars is State Laws on Public AVelfake 53 hereby appropriated for the purpose of purchasing site and erecting of buildings of said institution as a permanent improvement fund as is pro¬ vided in a bill entitled An act to provide for a bond issue for permanent improvements of the State’s institutions,” passed at this General Assembly. Sec. 16. Nothing contained in this act shall be construed to prevent the General Assembly from altering, changing, and modifying the law and regu¬ lations governing such school and its officers and directors in such manner and at such time as to it may seem best. Sec. 17. That all laws and clauses of laws in conflict with the provisions of this act are hereby repealed. Sec. 18. That this act shall be in force from and after its ratification. Ratified this the 6th day of March, A.D. 1923. Training School for Delinquent Negro Boys [Chapter 190, Public Laws 1921.] Section 1. A corporation, to be known and designated “The State Training School for Negro Boys,” is hereby created, and as such corporation it is authorized and empowered to accept and use donations and appropriations, hold real estate by purchase or gift, and do all other things necessary and requisite to be done for the care, discipline and training of negro boys which may be received by said corporation. Sec. 2. The State Training School for Negro Boys shall be under the con¬ trol and management of a board of five trustees. All of the trustees shall be appointed by the Governor of the State, who shall have the power of removal for cause at any time. As soon after the ratification of this act as the Governor shall deem advisable he shall appoint said board of trustees as follows: One for a term of one-year, one for a term of two years, one for a term of four years, and two for a term of five years; and at the end of the term of each trustee, his successor shall be appointed for a term of five years. All vacancies shall be filled by the Governor. Each member of the board of trustees shall be entitled to receive actual necessary expenses for every day engaged in the business of the institution, but no compensation for service rendered. Sec. 3. Immediately upon receiving notice of their appointment as trus¬ tees, the persons so designated shall meet and organize by electing from their number a chairman, and one as secretary, or the latter two offices may be combined. They shall thereupon undertake as expeditiously as possible the business of selecting a location and preparing for the opening and maintenance of the State Training School for Negro Boys. The board shall have power to appoint and dismiss at will a supei intendent and othei employees, to make such rules for its own meetings and guidance as it deems necessary; have the general superintendence, management, and control of the institution; of the grounds and buildings, officers, and employees thereof; of the inmates therein, and all matters relating to the government, disci¬ pline, contracts, and fiscal concerns thereof; and may make such rules and regulations as may seem to them necessary for carrying out the purposes o the institution. And the board shall have the right to keep, restrain, and control the inmates of the institution until such time as the board may deem proper for their discharge under such proper and humane rules and regula¬ tions as the board may adopt. The board of managers shall constitute a board of parole of the institution, and shall have power to parole and dis¬ charge the inmates under such rules and regulations as the board may pre- scribl and to retake them upon failure to comply with any requirement of parole. 54 State Laws on Public Weleare Sec. 4. Delinquent negro boys, under the age of sixteen years, may be committed to the institution by any juvenile. State, or other court having jurisdiction over such boy, but no boy shall be sent to the institution until the committing agency has received notice from the superintendent that such person can be received. The cost of sending inmates shall be paid by the county or municipality sending the same, as the case may be. In special cases where the public good would seem to be subserved thereby the board shall have the right, upon the request of any court of proper jurisdiction, to receive an inmate above the age of sixteen, but this shall be a matter wholly within the discretion of the board. When any commitment to the institu¬ tion is made, it shall not be for any specified time, but may continue or terminate at the discretion of the board, not to exceed the age of majority of the inmate. Sec. 5. For the purpose of preparing and opening the State Training School for Negro Boys, the sum of twenty-five thousand dollars, as provided by an act passed by this General Assembly, entitled “An act to issue bonds of the State for the permanent enlargement and improvement of the State’s educational institutions,” may be used by said board of trustees for perma¬ nent improvements or equipment, or both, but no part thereof shall be spent until a suitable location has been acquired, either by purchase or otherwise. The location of the institution shall be recommended by the board of trustees and approved by the Governor, In the event the location selected is upon property now owned by the State or any other State institution, then the governing body in whom the title is vested is hereby directed and authorized to transfer title to the board of trustees of the State Training School for Negro Boys, and turn over to them all or such portions of the said property as the Governor may direct, without compensation, as the Governor may deem proper for the best interests of the State. The sum of ten thousand dollars annually, as provided in the general appropriation bill passed by this General Assembly, entitled “An act to make appropriations to the State institutions,” or as much thereof as may be necessary shall be used for the maintenance and support of the said State Training School for Negro Boys. The site for said school shall be selected with regard to the proper mental treatment of the inmates thereof. Sec. 6. In receiving inmates of the institution, the trustees shall distribute such admissions as near as may be in relation to the negro population of the several counties until all the maintenance appropriation from the State is exhausted. If after such maintenance fund is exhausted it be found possible to provide housing space and control for additional inmates, then the trustees may receive such additional number of inmates as can be cared for upon the payment by private persons or municipal or county authorities of the actual cost of the maintenance of such inmates. County and municipal authorities are hereby given authority to pay such sums in their discretion. Sec. 7. That this act shall be in force from and after its ratification. Ratified this the 8th day of March, A.D. 1921, County Orphanages [Chapter 81, Public Laws 1923.] AN ACT TO AUTHORIZE THE BOARDS OF COMMISSIONERS OF THE SEVERAL COUNTIES TO ESTABLISH AND MAINTAIN HOMES FOR INDIGENT ORPHAN CHILDREN. The General Assemhly of North Carolina do ejiact: Section 1. That subsection twenty-nine (29) of section one thousand two hundred ninety-seven (1297) of the Consolidated Statutes be amended by State Laws on Public Welfare a.) adding after the word “hospitals” and before the word “for” in the second line of said subsection the following: “establish and maintain homes tor indigent orphan children.” Sec. 2. That this act shall be in force and effect from and after its ratifi¬ cation. Ratified this the 26th day of February, A.D. 1923. Admission to Caswell Training School [Chapter 34, Public Laavs 1923.] AN ACT TO AMEND CHAPTER 266 OF THE PUBLIC LAWS OF 1915, BEING AN ACT ENTITLED “AN ACT TO CHANGE THE NAME OF THE NORTH CAROLINA SCHOOL FOR THE FEEBLEMINDED AND PROVIDE FOR ADMISSION AND DISCHARGE OF CHILDREN FROM SAID SCHOOL.” The General Assembly of North Carolina do eyiact : Section 1. That section two of chapter two hundred and sixty-six of the Public Laws of one thousand nine hundred and fifteen be and the same is hereby repealed, and in lieu thereof the following is substituted: “Sec. 2. That hereafter there shall be received in the Caswell Training School, subject to such rules and regulations as the board of directors may adopt, feebleminded and mentally defective persons of any age, when in the judgment of the officer of public welfare and the board of directors of said institution it is deemed advisable. All applications for admission must be approved by the local county welfare officer and the judge of the juvenile court or the clerk of the court of the county wherein said applicant resides.” Sec. 2. That all laws and clauses of laws in conflict with this act are hereby repealed. Sec. 3. That this act shall be in force from and after its ratification. Ratified this the 22d day of February, A.D. 1923. North Carolina Orthopaedic Hospital Crippled and deformed white children of sound mind, under sixteen years of age, may be admitted to the orthopssdic hospital. Arrangements foi the examination and treatment, outside the institution, of older children and adults may be arranged by appointment with the surgeon-in-chief. Clinics for outside patients are held every Tuesday afternoon at two o clock. In the case of children admitted to the hospital, the parents, or guardian, aie expected to bear the expense of treatment, or such part of it as they are able. No child is turned away because its parents are unable to pay. The institu¬ tion, in no case, pays for transportation, or for braces in cases Avhere these are necessary. Application for admission to the hospital should be made on blanks furnished by the institution. REGULATIONS FOR HEALTH OP CHILDREN Births and deaths must be registered, and North Carolina is now in the Federal Registration Area. i Every midwife or practicing physician must immediately instill into the eyS^of tlm nlw-born babe a solution furnished by the State Board of Hea ■ ^ And any unnatural condition of the eyes of a child und’eTtwo weeks old must be immediately reported to proper medical authori- ties. 56 State Laws on Public Welfare Control of all infectious or contagious diseases is in the hands of the State Board of Health. Vaccination against smallpox and other contagious diseases may be required for all school children by local board of health. It is unlawful to sell or give cigarettes, or tobacco for cigarettes, to any child under seventeen, and every police officer is specially charged with seeing that this act is enforced. The State Board of Health and the State Superintendent of Public Instruc¬ tion are charged with the duty of seeing that every child attending public school in the State shall have a physical examination at least once in three years. Teachers are required to make a physical examination of every child attending the school and enter on cards and official forms furnished by the State Board of Health for such examination. The teacher shall transmit these cards and other forms to the State Board of Health. The board of health shall have these cards filed, classified, and studied, and shall notify the parent or guardian of every child whose card shows a serious defect, and a day shall be designated for a thorough examination of the child. In the counties the county commissioners shall pay to the State Board of Health ten dollars per hundred children enrolled to pay for treatment, and the cities or towns with separate school systems to be paid by the city commissioners, aldermen, etc. A special appropriation is set aside out of the educational fund for free dental treatment. The State Board of Health is conducting dental clinics in the schools of the several counties as rapidly as possible. Dentists examine all school children in such counties and provide for treat¬ ment. While all matters pertaining to health are under the direct supervision of the State and local departments of health, the whole question of health is so closely related to welfare that there must be the closest co-operation between local officials of the two departments. Occasionally, as in cases of neglect, a case becomes primarily a problem of welfare. MOTHERS’ AID [Chapter 260, Public Laws 1923.] AN ACT TO AID NEEDY ORPHAN CHILDREN IN THE HOMES OF WORTHY MOTHERS The General Assembly of North Carolina do enact: Section 1. That the boards of county commissioners of the several coun¬ ties of the State are hereby authorized, in their discretion, to make an allow¬ ance to any eligible mother (as hereinafter explained and defined) for her support, where she is left with a child or children under fourteen years of age, under the conditions hereinafter set forth. Sec. 2. That the county board of charities and public welfare of any county, after investigation by the county superintendent of welfare, may determine what amount within the provisions of this act is advisable for the care of a child or children, and shall recommend to the board of county com¬ missioners that an appropriation be made for the support of such mother and child or children under fourteen years of age. Sec. 3. That the maximum amount to be allowed per month under this act shall not exceed fifteen dollars for one child, ten dollars additional for the second child, and five dollars additional for the third child, or any excess of three: Provided, the total amount shall not exceed forty dollars, except in extraordinary circumstances in which it appears to the satisfaction of the board of county commissioners that a total of forty dollars per month would be insufficient to secure the purposes above set forth. 57 State Laws on Public Welfare Sec. 4. That to be eligible to apply for mother’s aid a woman must be the mother of a child or children under fourteen years of age, a resident of the State of North Carolina for three years, and a resident of the county for one year preceding, and possessed of sufficient mental, moral, and physical fitness to be capable of maintaining a home for herself and child or children and pre¬ vented only from lack of means. Such person must be either a widow, or divorced, or deserted, if it be found impossible to require the husband to sup¬ port her, or the husband is found to be mentally or physically incapacitated to support his family, or if the husband be confined in any jail and assigned to work the roads of any county or in any penal or eleemosynary institution, provided no relative is able and willing to undertake sufficient aid: Provided, that if the mother is given partial aid or assistance by any relative or chari¬ table organization, the board of county commissioners, in their discretion, may make allowance to such mother to help out the same where it may be necessary, in their opinion and judgment. Sec. 5. That any board of county commissioners taking advantage of the provisions of this statute may require that the report of the investigation of the county superintendent of welfare in every case shall be presented to and approved by the judge of the juvenile court in that county before making an appropriation. Sec. 6. That the State Board of Charities and Public Welfare shall have general oversight of the administration of this act with the view to making it uniform throughout the State; shall furnish all necessary blanks and give such advice and help as it can in order to aid in efficiently securing its pur¬ pose. The county superintendent of public w'elfare shall make his report on any case to the board of county commissioners in duplicate, one copy of which shall be forwarded at once, with the action of the board of county commis- siones endorsed thereon, to the State Board of Charities and Public Welfare, and one filed by the board of county commissioners with its records in the case. The State Board of Charities and Public Welfare shall at once notify the board of county commissioners its approval or disapproval for reimburse¬ ment as provided in section eight of this act, and the said board may suggest additional requirements for the consideration of the board of county com¬ missioners. Sec. 7. That after investigation by the county welfare officer, when the board of county commissioners shall adjudge that a mother is entitled to aid under this act, said board of county commissioners shall determine the monthly amount that the board of county commissioners may allow and order its treasurer in writing to pay said amount to the person designated by it and continue the same monthly until the order be changed oi the expiration of the time for which the order is limited. Sec. 8. That at the end of each fiscal quarter the treasurer of the county wherein* aid has been granted shall furnish an itemized statement in each case of amounts paid, duly certified by him under oath, to the State Board of Charities and Public Welfare. If each case thereon shall have been approved by the State Board of Charities and Public Welfare and all required regula¬ tions of this act shall have been fulfilled, the State Board of Charities and Public Welfare shall certify the account to the State Treasurer, whereupon the State Treasurer shall immediately make out and forward to such county treasurer his voucher for one-half of the total amount certified as having actually been paid out by the county. Such voucher shall be made out against any fund in the treasury not otherwise appropriated: Provided, the total amount for the State shall not exceed a maximum of fifty thousand dollars ($50 000) per year, to be apportioned among all the counties on a per capita basis ProuJed, that the proportionate share of any county not availing 58 State Laws on Public Welfake itself as above provided by this act shall remain in the hands of" the State Treasurer until otherwise appropriated. Sec. 9. That all laws and clauses of laws in conflict with the provisions of this act are hereby repealed. Sec. 10. That this act shall be in force from and after its ratiflcation. Ratifled this the 26th day of February, A. D. 1923. STATE INSTITUTIONS FOR CHILDREN STONEWALL JACKSON MANUAL TRAINING AND INDUSTRIAL SCHOOL Superintendent, Ciias. E. Roger, Concord, N. C. , Receives delinquent white boys under sixteen years of age, by court com¬ mitment. Established 1907. SAMARCAND MANOR Superintendent, Miss Agnes McNaughton, Samarcand, N. C. Receives delinquent white girls by court commitment or voluntary request. Established 1918. THE STATE TRAINING SCHOOL FOR NEGRO BOYS Receives delinquent negro boys under sixteen years old, by court commit¬ ment. Established 1921. Not yet open. CASWELL TRAINING SCHOOL Superintendent, Dr. C. Banks McNairy, Kinston, N. C. Receives feebleminded white boys and girls between the ages of six and twenty-one, and feebleminded adults in certain cases. Established 1911. ORTHOPEDIC HOSPITAL Surgeon-in-Chief, Dr. 0. L. Miller, Gastonia, N. C. Receives white children under sixteen years. Free examination and sur¬ gical services to those unable to pay. Established 1917. SCHOOL FOR THE BLIND AND DEAF Superintendent, G. E. Lineberry, Raleigh, N. C. Receives white blind children of sound mind between the ages of seven and twenty-one, special cases from six. Receives colored deaf and blind in a separate institution. SCHOOL FOR THE WHITE DEAF Superintendent, E. McK. Goodwin, Morganton, N. C. Receives deaf white children between the ages of seven and twenty-three. COUNTY INSTITUTIONS FOR CHILDREN Buncombe County Home—Miss Emma Donoho.Asheville Union County Home—Rev. E. C. Snyder.Monroe Wake County Detention Home.Raleigh Wright Refuge . Durham Buncombe County Reformatory.Asheville Forsyth County Reformatory.Winston-Salem 50 State Laws on Public Welfare PRIVATE INSTITUTIONS FOR CHILDREN Maternity Homes Faith Cottage—Rev. L. B. Compton. Florence Crittenden Home—Mrs. G. H. Johnson Rest Cottage—Miss Mary Diinkimi. ....Asheville ....Charlotte Greensboro Child-Placing Society N. C. Childien s Home Society, Inc.—J. J. Phoenix.Greensboro Private Child-Caring Institutions for Dependent Children Alexander Home—Mrs. Fanny Sharpe.Charlotte Baptist Orphanage and Kennedy Home—Rev. M. L. Kesler.Thomasville Christian Orphanage—Charles D. Johnson.Elon College Colored Orphans’ Home—Rev. W. J. Poindexter.Winston-Salem Eliada Orphanage—Rev. L. B. Compton.Asheville Falcon Orphanage—J. A. Ciilbreth .Falcon Freewill Baptist Orphanage—C. G. Pope.Middlesex Grandfather Orphans’ Home—J. W. Holcomb.Banner Elk Methodist Orphanage—Rev. A. S. Barnes.Raleigh Methodist Children’s Home—Rev. Charles A. Woods.Winston-Salem Methodist Protestant Home—H. A. Garrett.High Point Mountain Orphanage—^R. D. Bedinger.Black Mountain Nazareth Orphan Home—A. S. Peeler.Crescent Odd Fellows’ Orphan Home—Charles H. Warren.Goldsboro Oxford Orphanage—R. L. Brown.Oxford Oxford Orphanage (colored)—H. P. Cheatham.Oxford Presbyterian Orphans’ Home—Joseph P. Johnson.Barium Springs Pythian Orphanage—C. W. Pender.Clayton Roman Catholic Orphanage—Rev. George Woods.Raleigh St. Anne’s Orphanage—Sister Mary Clare...Belmont Thompson Orphanage—-Rev. W. H. Wheeler.Charlotte Mary Lee Home for Dependent Children (colored)—Mary Lee Byerly High Point HOSPITALS FOR THE INSANE C. S. 6151. Iiicoiiioratioii and names. The hospital for the insane, located near Morganton, shall be and remain a corporation under this name: The State Hospital at Morganton. The hospital for the insane, located near Raleigh, shall be and remain a corporation under this name: The State Hospital at Raleigh. The hospital for the insane, located near Goldsboro, shall be and remain a corporation under this name: The State Hospital at Goldsboro. Under their respective names each corporation is invested with all the property and rights heretofore held by each, under whatsoevei name called or incorporated, and all other corporate names are hereby abolished. Hereafter in this chapter, when the above names are used, they shall be deemed to relate back to and include the corporation under whatsoever name it might heretofore have had. C S. 6152. Power to acquire and hold property. The State Hospital at Morganton, and the State Hospital at Raleigh, and the State Hospital at Goldsboro, may each acquire and hold, for the purpose of its institution, real and personal property, by devise, bequest, or by any manner of gitt. purchase, or conveyance whatsoever. 60 State Laws on Public Welfaee C. S. 6153. Division of territoi*;^'; Goldsboro for colored insane. The State Hospital at Morganton and the State Hospital at Raleigh shall be exclusively for the accommodation, maintenance, care and treatment of white insane of this State, and the State Hospital at Goldsboro shall be exclusively for the accommodation, maintenance, care and treatment of the colored insane and inebriates of this State. The line heretofore agreed upon by the directors of the State Hospital at Morganton and the State Hospital at Raleigh shall be the line of division between the territories of the said hospitals, and white insane persons and inebriates settled in counties west of said line shall be admitted only into the State Hospital at Morganton. and white insane persons and inebriates settled in counties to the east of said line shall be admitted only into the State Hospital at Raleigh. The board of directors hereinafter provided for may change said line from time to time whenever in their opinion such change may be proper, and they may transfer patients from one hospital to the other when such transfer may be deemed advantageous. That portion of the State which is or may hereafter be west of said division line shall be known as the western hospital district, and that portion of the State which is or may hereafter be east of said line shall be known as the eastern hospital district. C. S. 6154. Cherokee Indians of Robeson County and Croatan Indians of other counties. All the insane and inebriate Cherokee Indians of Robe¬ son County, and all the insane and inebriate Croatan Indians of the other counties of the State shall be cared for in the hospital for the insane at Raleigh in wards separate and apart from the white patients in said hospital, and all such Cherokee Indians of Robeson County and Croatan Indians of the other counties of the State shall be cared for and receive the same treat¬ ment as other patients in said hospital receive. C. S. 6155. Epileptics cared for at Raleigh. Whenever it becomes necessary for any white person of this State, afflicted with the disease known as epilepsy, to be confined or to receive hospital treatment, such person shall be accommodated, maintained, cared for, and treated at the State Hospital at Raleigh. Such epileptics shall be committed by the clerks of the Superior Courts of the several counties to the State Hospital at Raleigh in the manner now provided by law for the commitment of insane persons to the several hospitals for the insane; and when such persons shall be committed it shall be the duty of the superintendent of the State Hospital at Raleigh, and he is required, to receive such persons and care for, maintain, and treat them at the hospital at Raleigh, if the superintendent shall find such persons to be afflicted to such extent as properly to become a public charge: Provided, that any person so committed who is able to pay shall be charged actual cost of maintenance. All epileptics confined, cared for, and maintained at the State Hospital at Morganton shall be transferred to the State Hospital at Raleigh. C. S. 6168. Board of Charities and General Assembly, visitors; super¬ intendent reports, to whom. The State Board of Charities and Public Welfare and the members of the General Assembly shall be ex offieio visitors of all hospitals for the insane. It shall be the duty of the State Board of Charities to visit the hospitals from time to time, as they may deem expe¬ dient, to examine into their condition, and make report thereon to the General Assembly, with such suggestions and remarks as they think proper. C. S. 6173. Superintendent; appointment, term of office, qualifications, and removal. The board of directors shall appoint a superintendent of each of said institutions and prescribe his duties. He shall be a skilled State Laws on Public Welfare 61 physician educated to his profession, of good moral character, of prompt business habits, and of kindly disposition. He shall hold office for six years from and after his appointment, unless sooner removed by said board, who niay, for infidelity to his trust, gross immorality, or incompetency to dis¬ charge the duties of his office, fully proved and declared, and the proofs thereof recorded in the book of their proceedings, remove him and appoint another in his place. C. S. 6174. Powers of superintendent. The superintendent of each hospital shall exercise exclusive direction and control over all the subordi¬ nate officers and employees engaged in the service and labors of his hospital, and he may discharge such as have been employed by himself or his prede¬ cessors, and shall report to the board of directors the misconduct of all subordinates. C. S. 6175. Superintendent to notify sheriff of escape. Any superin¬ tendent may notify the sheriff within whose county any person sent from his hospital on probation, or escaped therefrom, may be found, and there¬ upon it shall be the duty of such sheriff forthwith to take such person and return him to such hospital at the expense of the county of the settlement of the patient. C. S. 6184. Persons adjudged insane entitled to iniinediate admission. Any resident of North Carolina who has been legally adjudged to be insane by the clerk of the court or other properly authorized person, in accordance with the provisions of this chapter, shall be entitled to immediate admission into the State Hospital at Morganton, the State Hospital at Raleigh, or the State Hospital at Goldsboro, in accordance with the principles of division as to race and residence prescribed in this chapter; and no resident of the State who has been legally adjudged insane and who has been presented to the superintendent of the proper State hospital for the insane as provided in this article, shall be refused admission thereto; but nothing in this article shall be construed to affect the discharge or transfer of patients as now provided by law. C. S. 6185. Idiots not admitted. No idiot shall be admitted to any hospital, and for the purpose of this chapter an idiot is defined to be a person born deficient in mind. C. S. 6186. Priority given to indigent patients; payment required from others. In the admission of patients to any State hospital, priority of admission shall be given to the indigent insane; but the board of directors may regulate admissions, having in view the curability of patients, the wel¬ fare of the institutions, and the exigencies of particular cases. The board of directors may, if there be sufficient room, admit other than indigent patients upon payment of proper compensation. If any inmate of any State hospital shall require private apartments, extras, or private nurses, the directors, if practicable, shall provide the same at a fair price to be paid by such patient. Upon the death of any nonindigent patient, the State hospital may maintain an action against his estate for his support and maintenance for a period of five years prior to his death. C S. 6187. Only bona fide residents admitted to hospitals. No clerk of tile court or justice of the peace shall commit to a hospital any person who is not a Iona Me citizen and resident of this State; and no person who shall have removed into this State from another State while insane shall he deemed a resident or citizen of this State; and no length of residence m this 62 State Laws os Public Welfake State of a person who was insane at the time he moved into this State shall be sufficient to make that person a citizen or resident of North Carolina within the meaning of this chapter. If any clerk or justice of the peace shall knowingly commit to any hospital a person who is not a bona fide citizen and resident of the State, he shall be guilty of a misdemeanor, and upon convic¬ tion shall be fined or imprisoned at the discretion of the court. C. S. 6188. Findings as to residence in examination reported. In every examination of an alleged insane person it shall be the duty of the clerk or justice of the peace to particularly inquire whether the alleged insane person is a resident of this State, as hereinbefore set forth, and he shall state his findings upon the subject in his report to the superintendent of the hospital. If it is not possible to ascertain the legal residence of the alleged insane per¬ son, and the clerk or justice of the peace shall be of the opinion that the insane person is a resident of this State, within the meaning of this law, he shall state that he was unable to ascertain the legal residence of the insane person, and shall commit him to the hospital of his district. C. S. 6189. Settlement of patient determined. For the purposes of this chapter the settlement of every person admitted to a State hospital as insane shall be in the county where the actual place of his residence at his admission may be situated, when such settlement comes in question, but no person can have a settlement in any county in this State unless he is a bona fide citizen and resident of this State, and was so before mental disease became manifest. C. S. 6190. Affidavit of insanity to procure admission. For admission into a State hospital the following proceedings shall be had: Some respect¬ able citizen, residing in the county of the alleged insane person, shall make before and file with the clerk of the Superior Court of the county an affidavit in writing, which shall be substantially in the following form: State of North Carolina, .County. The undersigned, residing in said county, makes oath that he has carefully examined., and believes him to be an insane person, and to be, in the opinion of the undersigned, a fit subject for admission into a hos¬ pital for the insane. Dated.day of..., A. D. 19. Affiant. Sworn and subscribed before me. Clerk Superior Court. C. S. 6191. Clerk to issue order for examination. Whereupon, unless the person in whose care or custody the insane person is will agree to bring him before the clerk without a warrant, or unless the clerk shall be of the opinion that it will be injurious to the insane person to be brought before him, the clerk shall issue a precept, directed to the sheriff or other lawful officer, substantially in the following form: State of North Carolina, To the Sheriff or other lawful officer of.County—Greeting: Whereas, information, on oath, has been laid before me that. is insane, you are hereby commanded to bring him before me within the next ten days that necessary proceedings may be had thereon. Given under my hand,.day of., A. D. 19. Clerk Superior Court. State Laws on Public Welfare 63 C. S. 6192. Clerk and physician to make examination. If the alleged insane person be confined in jail otherwise than for crime, the sheriff shall remove him from the jail upon order from the clerk. Upon the bringing of the alleged insane person before the clerk by his friends, or upon the return of the precept with the body of the insane person, the clerk shall call to his assistance the county physician of the county, or some other licensed and reputable physician, resident of this State, and shall proceed to examine into the condition of mind of the alleged insane person. He shall take testimony of at least one licensed physician, resident of this State, and, if possible, a member of the family, or some friend or person acquainted with the alleged insane person, who has had opportunities to observe him after such insanity is said to have begun. C. S. 6193. Clerk may discharge person, require bond, or commit to hospital. If the clerk, after his examination of the alleged insane person, and the hearing of the testimony as aforesaid, shall decide that such person is sane, he shall forthwith discharge him. If he shall decide that such person is insane, and some friend, as he may do, will not become bound with good security in an amount to be fixed by the clerk to restrain him from commit¬ ting injuries, and to keep, support, and take care of him until the cause for confinement shall cease, he shall direct such insane person to be removed to the proper hospital as a patient, and to that end he shall transmit to the proper board of directors the examination of the witnesses, and the state¬ ment of such facts as he shall deem pertinent to the subject-matter. C. S. 6194. Examination at home of patient. If the clerk of the court shall be of the opinion that it will be injurious to the alleged insane person to be brought before him, the clerk shall proceed to the residence or habita¬ tion of said person ^and take the examination there. C. S. 619 5. When justice of the peace may make exami'iation. In a case of emergency, when for any reason the clerk of the court cannot go or is absent from the county, then any justice of the peace is authorized to proceed in like manner by taking the testimony of the physician and other witnesses, as is before provided for in this chapter, and report the same to the clerk. If the clerk is satisfied that the alleged insane person is a fit subject for a hospital for the insane, he shall issue an order for his commit¬ ment. In cases of great emergency or inconvenience, the said justice may commit a patient to a hospital, and the superintendent is authorized to receive him, but the justice shall procure an order from the clerk to be for¬ warded to the superintendent within thirty days. Amendments of Admission Requirements [Chapter 144, Public Laws 1923] AN ACT TO AMEND THE STATUTE RELATING TO THE ADMISSION OF PATIENTS TO THE HOSPITAL FOR THE INSANE The General Assembly of No7’th Carolina do enaet. Section 1. That section six thousand one hundred ninety-three of the Consolidated Statutes of one thousand nine hundred and nineteen be and the same is hereby amended by adding at the end thereof the following: [he clerk (or justice under section six thousand one hundred and ninety- flvel is satisfied atter the examination herein provided, that the peison is insane or an Inebriate within the definition of chapter one hundred and fifty- 64 State Laws on Public Welfare six of the Public Laws of one thousand nine hundred and twenty-one, he shall make the following order and commitment to the proper State hospital in substantially the following form: State of North Carolina .County. /State of 'North Carolina, To the State Hospital at ., N. G. — Greeting: Whereas, it has been made satisfactorily to appear to me, ., Clerk of the Superior Court of said county, after a proper examination of ., a person having his legal settlement in this county, that he is insane, epileptic or addicted to the use of drugs or alcohol (draw a pen through terms not applying), that he is a hona fide citizen of the State, and that he has a legal settlement in said county and is a fit subject for care and treatment in the State Hospital at., and that he, being at large, is injurious to himself and disadvantageous if not dangerous to the community: These are, therefore, to command you to receive said. into the State Hospital at.for care and treatment as provided for by the laws of this State. Given under my hand and official seal, this.day of., 19. Cleric Superior Court, ... County. If the proceedings are to be before a justice of the peace under section six thousand one hundred and ninety-five of the Consolidated Statutes, the following certificate shall be appended to the commitment by said justice of the peace: I have examined the testimony as herein set forth, and am satisfied that .is a fit subject for treatment in the State Hospital at., N, C. Given under my hand and official seal, this.day of., 19. Cleric Superior Court. If the patient is a pauper, the following shall be filled out and accompany the commitment: State of North Carolina, .County. I, ., Clerk of the Superior Court of the above county, do hereby certify that.is a poor person and has no estate or property except. nor has any one such property who is liable for his maintenance under chapter one hundred and fifty-six of the Public Laws of one thousand nine hundred and twenty-one. Given under my hand and official seal, this.day of.,19. Cleric Superior Court. 65 State Laws on Public Welfare State of North Carolina ^ ’ .County. hereby 'certily 'that.’ Superior Court ot said county, do linaiiciallv ablp tn TTP-tr fr. .'•.property of his own and is chapter one hundred and flfty'LTt "thTp" n’- “i ""'ie'' hundred and twenty-one are liable for his ma^ntenlnce who havradequi"e property to pay for the same in the State Hospital at. N c Given under my hand and official seal, this.day of. ZZ. ' ..,19' ' Clerk Superior Cour't. admission and commitment to a particular hospital pnn forwarded to such hospital, and immediately upon receipt of said application if there shall be room for said patient in said hospital, the superintendent shall immediately notify the clerk of the court that the patient will be admitted at once. The receipt of said notice by said clerk of the court shall constitute his authority to convey said patient to said hospital or immediate admission: Provided, however, nothing herein shall prevent the superintendent of said hospital from sending immediately a representa¬ tive of said hospital to convey said patient thereto. Sec. 2. That section six thousand one hundred and ninety-six of the Con¬ solidated Statutes of one thousand nine hundred and nineteen be amended by striking out the questions stated therein and substituting therefor the following: 1. What is patient’s name? A. 2. When was patient born? A.; Present age. 3. Where was patient born? A. 4. Is.or.married, single or divorced? A. 5. If married woman, give maiden name. A. 6. Name and birthplace of father. A. 7. Maiden name and birthplace of mother. A. 8. Occupation of patient for past five years. A. 9. Present occupation. A. If no occupation, how supported? A. 10. Education: Collegiate, common school, grammar, elementary, none. A. Professional or technical. 11. Were mother and father related? A..... 12. Was either parent or grandparent or any children of patient or other blood relation ever insane, epileptic, feebleminded, inebriate, paralytic, phys¬ ically deformed, tubercular, diabetic, etc.? Specify. A. 13.,If any of them were ever in any institution, state where and when. A. 14. Was patient ever charged or convicted of any crime? If so, what and when? A.-. 15. Is patient now charged with crime? If so, what? A. 16. Is patient now in jail? If so, how long? A... 17. Is patient now in county home? If so, how long? A. 18. When was the change first observed in the patient’s appearance and conduct indicating insanity? A. 19. What were the principal mental changes and symptoms observed at that time? A. 5 66 State Laws on Public Welfare 20. Did they develop rapidly or gradually? A. 21. What symptoms are present at the present time? A. 22. Has patient had previous attacks? If so, how many and was.or .treated in a hospital? If so, when and where? A. 23. What did the patient say or do in your presence indicating insanity? A. 24. Has patient delusions or hallucinations? A. 25. Is patient destructive? If so, what has.or.destroyed? A.. 26. Has patient ever attempted suicide? A. 27. Has patient ever threatened suicide? A.:. 28. Has patient ever attempted homicide? A. 29. Has patient ever threatened homicide? A.. 30. Has patient injured or attempted to injure h.self or others? If so, whom, when and in what manner? A. 31. State any other facts relative to behavior of patient indicating insanity. A. 32. Is patient feebleminded? A. 33. Is patient an idiot? A. 34. What is the present salary of the patient? A.... 35. How many dependent on.or. for support? A. 36. What is the value of.or.property? A. 37. What is.or.annual income? A. 38. If a minor, state occupation of patient’s father. A. 39. What is father’s salary? A. 40. What is the value of his property? A. 41. What is his annual income? A. 42. The following questions should be aswered if patient is a drug addict or inebriate: (1) Is patient addicted to the use of alcohol, morphine, cocaine, heroin, or any other drugs? If so, what drug? A. (2) In what manner (hypodermically or mouth), and how much does patient take? A. (3) How long has patient been an addict? A. (4) Has patient ever been treated for inebriety? If so, where and when? A. 43. The following questions should be answered if patient is an epileptic: (1) At what age did epilepsy first appear? A.*... (2) How long since first attack? A. (3) Do seizures occur day or night, or both times? A. (4) How often do attacks occur? A. (5) Are attacks accompanied by frothing at the mouth.., invol¬ untary passage of urine., of feces., or biting of tongue? A. (6) Has patient been burned or otherwise injured during seizures? A. (7) Are seizures grand or petit mal, or both? A. (8) What mental changes have taken place in patient? A. (9) Is the patient incapable of protecting .self against ordinary dangers without an attendant? A. 44. Give the name of nearest relative or friend with whom superintendent can correspond relative to condition of patient. A.; relationship and address. State Laws on Public Welfare 67 45. How could the above party be communicated with quickest in case of emergency? A. 46. In case the hospital can accept patient, at what point could i)atient be delivered to representative of hospital? A. Sec. 3. All laws and parts of laws in conflict with this act are hereby repealed. Sec. 4. This act shall take effect from and after its ratiflcation. Ratifled this the 3d day of March, A. D. 1923. C. S. 6197. Clerk to keep record of exaiiiiiiation and discharge. The clerk will keep a record of all examinations of persons alleged to be insane; and he shall record in such record a brief summary of the proceedings and of his findings, and whenever a justice of the peace shall transmit to the clerk a report of his proceedings when he shall have examined a person under the powers granted under this chapter the clerk shall make a record of his proceedings, and for recording the justice’s proceedings he shall be entitled to a fee of twenty-five cents, to be paid by the county aforesaid, and he shall keep a record of all probations and discharges provided for in article four of this chapter. C. S. 619 8. Fees for examination. The following fees shall be allowed to the officers who make the examination and they shall be paid by the county in which the alleged insane person is settled: To the clerk or justice who makes the examination, two dollars, and if the clerk goes to the home of the insane person he shall be entitled, in addition to this sum, to five cents a mile each way. This shall cover his entire cost in taking the examination and making out the necessary papers. The physician called, in the absence of the county physician, shall be entitled to two dollars with mileage. The county physician, being a salaried officer, is not allowed any fee for his services in this examination. The sheriff shall be entitled to such fees as are now allowed by law for the service of process of similar character. C. S. 6199. Superintendent of hospital notified; attendant to convej patient. Whenever any insane person shall be entitled to admission into any one of the hospitals of the State, and the clerk of the Superior Court or other officer authorized by law to find such person insane has so found, and has been notified that such insane person will be admitted into the hospital, it shall be the duty of the clerk or justice of the peace forthwith to noti y the superintendent of such hospital, giving the race, name, sex, and age ot the patient, and it shall be the duty of such superintendent, unless said patient has been exposed to a contagious disease as hereinafter mentioi ed in this article, to send an attendant to bring such insane person to the hospital. Such an attendant shall have all such rights as the shen other officer has heretofore had to convey the insane person to the hospitc . r q 620 0 Bill of expense sent to county coininissioners. Upon the arri;al of such insane person at the hospital, the superintendent shall send to the board of commissioners of the county in which such insane l^^rson had a settlement a bill covern^ the cos^s of con^^^^^ e rf f^tl^ climissioners forthwith to repay to such hospital the amount of such bill. 68 State Laws ox Public Welfare C. S. 6201. Failure of superintendent to send attendant; sheriff to act. If the superintendent of any hospital for the insane in this State shall, for ten clays after receiving a notice as prescribed in section 6199, fail and neglect to send an attendant, as is prescribed by section 6199, to bring such insane person to the hospital, it shall be the duty of the sheriff of the county from which the notice was sent to bring at the expense of the county such insane person to the State hospital, whereupon it shall be the duty of the said super¬ intendent to receive said insane person and relieve said sheriff of his care. C. S. 6202. Cost of conveying patients to and from hospital; how paid. The cost and expenses of conveying every insane person to any hospital from any county, or of removing him from the hospital to his county, or of the return to the county of his settlement a*s sane, shall be paid by the treasurer of such county, upon the order of its board of county commissioners. AVhen- ever the board of commissioners shall be satisfied that such person has prop¬ erty sufficient to pay such cost and expenses, or that some other person liable for his support and maintenance has property sufficient to pay such costs and expenses as aforesaid, they shall bring an action and recover the amount paid from the said person, or from the other person liable for his support and maintenance. C. S. 6203. Preparation of patient for acbnission to hospital. Every sheriff or other person bringing to a hospital a patient shall see that the patient is clean, free from contagious disease and vermin, and that he has clothing proper for the season of the year, and in all cases two full suits of underclothing. C. S. 6204. Coinmitment in ease of sudden or violent insanity. When¬ ever any citizen or resident of this State becomes suddenly or violently insane, in some county other than that of his settlement, the proper author¬ ities, as hereinbefore provided, of any county in which he shall be, shall have the authority to examine him, and, if necessary, commit him to the hospital to which he would be sent had he been committed from the county of his own settlement. C. S. 620 5. Expense paid by county of settlement; i^enalty. Immedi¬ ately upon the commitment to a hospital of any such person, a transcript of the proceedings shall be sent to the clerk of the county in which he is settled, and that county shall pay over to that county from which he was committed all the cost of the examination and commitment, and if the board of com¬ missioners of the county of the settlement shall fail to pay all proper expense of said proceedings within sixty days after the claim shall have been pre¬ sented, they shall forfeit and pay to the county which committed the insane person the sum of two hundred and fifty dollars, to be recovered by the com¬ missioners of that county in a civil action brought in the Superior Court of that county from which the patient was committed to the hospital, against the commissioners of the county. C. S. 620 6. Person conveying patient to hospital without authority. No sheriff or other person shall convey a patient to any hospital without having ascertained that the patient will be admitted, and if any sheriff or other person shall carry a patient to a hospital without having ascertained that the patient will be admitted, and the patient is not admitted, he shall be required to convey the patient back to the county of his setlement, and he shall not be repaid by the county or hospital for the expenses incurred in carrying the patient to and from the hospital. State Laws on Public Welfare 69 ^ C. S. 620 7. How adniission cletciiiiined, when supeiintendent is in doubt. Whenever any insane person shall be conveyed to any hospital, and the superintendent is in doubt as to the propriety of his admission, he may convene any three of the board of directors, who shall constitute a board for the purpose of examining and deciding if such person is a proper subject foi admission; and if a majority of such board so decide, such person shall be received into said hospital; but a like board may at any time there¬ after deliver such insane person to any friend who will become bound with good suiety to restrain him from committing injuries, and to keep, main¬ tain, and take care of him, in the same manner as he might have become bound under the authority of the clerk of the court. C. S. 6208. Admission refused, if patient exposed to contagious disease. The superintendent of the hospital may refuse to receive into his institution a patient when he shall have reliable information that the patient has recently been exposed to infections or contagious disease, and there is danger of contagion and infection being conveyed by the patient, or where the patient comes from a quarantined community. Whenever a patient is rejected because of any of these reasons the superintendent shall make a record of the application, and as soon as, in his opinion, the danger shall have been removed, he shall notify the sheriff of the county, and admit the patient into his hospital. C. S. 6209. Commitment upon patient’s own application. Any person believing himself to be of unsound mind, or threatened with insanity, may voluntarily commit himself to the proper hospital. The application for com¬ mitment shall be in the form following: State of North Carolina, County of. I, ., a resident of ...County, North Carolina, being of mind capable of signifying my wishes, do hereby solicit admission as a patient in the State hospital at.for such a period of time as the board of directors and the superintendent may deem necessary. And I agree in all respects to conform to the rules and regulations of said institution during the period which shall be prescribed by the superintendent and board of directors. Attest: . This application shall be accompanied by the certificate of a licensed physician, which certificate shall state that in the opinion of the physician the applicant is a fit subject for admission into a hospital, and that he recom¬ mends his admission. The certificate of the clerk of the Superior Court need not accompany this application. The superintendent may, if he think it a proper application, receive the patient thus voluntarily committed, and treat him until the next meeting of the board of directors or of the executive committee, and shall report the application and admission to the first meeting of said board, and if said board approves such admission, the patient shall be considered as having been regularly committed, and shall, in^ all lespects, be treated as such. But no report need be made to the clerk of the court of his county of settlement. The superintendent and board of directors shall have the same control over patients who commit themselves voluntaiily as they have over those committed under the regular proceedings hereinbefore provided. And no voluntary patient shall be entitled to a discharge until he shall have given the superintendent ten days notice of his desire to be discharged. 70 State Laws on Public Welfare C. S. 6210. Proceeding’s in case of insanity of citizen of another state. If any person, not a citizen or resident of this State, but a citizen and resi¬ dent of another state of the United States, shall be ascertained to be insane, the clerk of the court shall immediately notify the Governor of the state of which the insane person is a citizen of the facts and circumstances by letter (or telegraphic message if he thinks proper), and for a reasonable length of time the insane person shall be kept confined or restrained in said county, but shall not be committed to any State hospital, and if the state of his citizenship shall not provide for the removal from this State to his proper state of the insane person within a reasonable time, the county com¬ missioners of the county in which he shall have been ascertained to be an insane person shall cause him to be conveyed to the state of which he is a citizen and delivered there to the sheriff of his county or to the superintend¬ ent of any state hospital. The cost of such proceedings and conveyance away from this State shall be borne by the county in which the person shall have been adjudged to be insane. C. S. 6211. Proceedings in case of insanity of alien. If any person, not a citizen of the United States, shall be ascertained to be insane, the clerk of the court shall immediately notify the Governor of this State of the name of the insane person, the country of which he is a citizen, and his place of residence in said country, if the same can be ascertained, and such other facts in the case as he may obtain, together with a copy of the examination taken; and the Governor shall transmit such information and examination to the Secretary of State at Washington, D. C., with the request that he inform the minister resident or plenipotentiary of the country of which the insane person is supposed to be a citizen. C. S. 6212. Insane person temporarily committed to jail. When any person is found to be insane under any of the provisions of this chapter, and he cannot be immediately admitted to the proper hospital, and such person is also found to be subject to such acts of violence as threaten injury to him¬ self and danger to the community, and he cannot otherwise be properly restrained, he may be temporarily committed to the county jail until a more suitable provision can be made for his case. C. S. 6213. County commissioners may discharge insane person in county. It shall be the duty of the board of county commissioners, by proper order to that effect, to discharge any ascertained insane person in their county, not admitted to the appropriate hospital, and not committed for crime, when it shall appear upon the certificate of two respectable physi¬ cians, and the chairman of their board, that such insane person ought to be discharged if in a hospital. C. S. 6214. Discharge of i>atient from hospital; sheriff’s duty; expense liaid. Any three of the board of directors, upon the superintendent certi¬ fying the facts (a copy of which certificate shall be sent to the clerk of the Superior Court of the county of settlement), shall be a board to discharge or remove from their hospital any person admitted as insane, when such person has become or is found to be of sane mind, or when such person is incurable, and in the opinion of the superintendent his being at large will not be injurious to himself or dangerous to the community, or the board may permit such person to go to the county of his settlement on probation, when in the opinion of the superintendent it will not be injurious to himself or dangerous to the community; and the board may discharge or remove such person, upon other sufficient causes appearing to them; and whenever any such person, admitted as indigent, may be so discharged or removed, except State Laws on Lublic Welfare 71 as same, it shall be the duty of the sheriff of the county of his settlement to convey such person to his county at its expense, and any such person dis¬ charged as restored or probated shall receive from such hospital a sum of money sufficient to pay his transportation to the county of his settlement, w iich sum shall be repaid by said county, and, if necessary, the hospital shall provide the patient with a decent suit of clothes. When notified by the superintendent to come for and remove any insane person from the hospital, it shall be the duty of the sheriff of the county in which the insane person has a settlement forthwith to convey the insane person from the hospital to the county of his settlement. The cost of such removal shall be advanced by the sheriff and repaid to him by the county of insane person’s settlement; and if any sheriff, after having been notified by the superintendent to 1 emove any insane person, as aforesaid, shall fail to do so within fifteen days from the time of the receipt of the letter of notice, he shall forfeit and pay to the hospital the sum of fifty dollars, to be collected in the manner provided for the collection of penalties given in this chapter; and if the commissioners of any county shall fail to repay the hospital the money disbursed in paying for the necessary clothes and traveling expenses of any person discharged as cured from said hospital, within sixty days after the presentation of a claim therefor, the commissioners shall forfeit and pay to the hospital the sum of fifty dollars, to be collected in the manner provided for the collection of penalties in this chapter. C. S. 6215. Superintendent may discharge patient temporarily. Each superintendent may, for the space of thirty days, or until the next meeting of the board of three directors provided for in the preceding section, dis¬ charge upon probation, any patient, when in his opinion the same would not prove injurious to the patient or dangerous to the community. A re¬ port of all such probations shall be rendered to the said board of three directors at their first ensuing meeting. C. S. 6 216. Bonds for safe-keeping of insane persons; enforcement. All bonds executed for restraining insane persons from committing injuries, and for their safe-keeping, support and care, shall be payable to the State of North Carolina, in the sum of five hundred dollars at least, and shall be transmitted to the clerk of the Superior Court of the county wherein said insane person is settled, for safe-keeping, and may be put in suit by any person injured by said insane person by reason of his insane condition; and shall be put in suit by the solicitor for the judicial district in which the county of said insane person’s residence is situated, for any other breach thereof, wherein the damage received shall be for the use of said insane person. C. S. 6217. Form of bond for safe-keeping of insane. The form of bond mentioned in the preceding section shall be as follows. State of North Carolina, County of. Know All Men by These Presents, That we, A., B.. principal, and C.. D.. and E.. F..—... sureties, are held and firmly bound unto the State of North Carolina in the g^ni of.-.dollars, for the payment whereof we bind ourselves and each of us. Witness our hands and seals, this.day of.. 19. 72 State Laws on Public Welfare The condition of the above obligation is this: Whereas, The said A., B., with the view of hindering G., H.. an insane person resident in the county aforesaid, from being sent to.insane hospital (or to effect his release from the said hospital, as the case may be), hath undertaken to restrain him from committing injuries and to keep, maintain, support, and take care of the said G., H. Now, if the said A., B., shall faithfully comply with the conditions of this obligation, then the same shall be void, otherwise it shall be in full force. A. ., B. ., (Seal) C. ., D. ., (Seal) E. ., P. .—. (Seal) C. S. 6218. Patient retunied, if condition of bond not complied with. Whenever it shall be made to appear to the clerk of the Superior Court of the county of settlement of an insane person released on bond that the condi¬ tions of the bond are not faithfully complied with, said insane person shall be sent back to the proper hospital by him, unless some other responsible and discreet friend will undertake to fulfill the duties of said obligation; and whenever said insane person shall be sent back, he shall not be delivered on any new bond of the defaulting obligor. Private Hospitals for the Insane C. S. 6219. Established under license and subject to control of Board of Charities, It shall be lawful for any person or corporation to establish private hospitals, homes, or schools for the cure and treatment of insane per¬ sons, idiots, and feebleminded persons and inebriates; but license to estab¬ lish said hospitals, homes, or schools must, before the same are opened for ptaronage, be obtained from the board of charities and public welfare, and said hospitals, homes, or schools shall at all times be subject to the visitation of the said board or any member thereof, and each hospital, home, or school shall make to the board a semi-annual report on the first days of January and July of each year. In said report shall be stated the number and residence of all patients admitted, the number discharged during the six months preceding, and the officers of the hospital, home, or school. Each hospital, home, or school shall file with the board a copy of its by-laws, rules and regulations, and rates of charges. The books of each hospital, home, or school shall at all times be open to the inspection of the board or any member thereof. The board of charities and public welfare is hereby given the authority to supervise and regulate all private hospitals, homes, and schools established hereafter in this State for the treatment of the above classes of people, and the board shall have power to prescribe all such rules and regulations as they may deem necessary, and shall exercise the power of visitation, and for that purpose may depute any member of their board to visit and supervise any private hospital, home, or school hereafter established under this article. The State Board of Charities may bring an action in the Superior Court of Wake County to vacate and annul any license granted by the board, when it shall appear to the satisfaction of the board that the managers of any private hospital, home, or school have been guilty of gross neglect, cruelty, or immorality. C. S. 6220. Counties and towns may establish hospitals. Any county, city, or town may establish a hospital for the maintenance, care, and treat¬ ment of such insane persons as cannot be admitted into a State hospital, and of idiots and feebleminded persons upon like conditions and requirements as State Laws on Public Welpwke 73 are above prescribed for the institution of private hospitals; and the board of charities and public welfare is given the same authority over such hospitals as is given them by the preceding section for private hospitals. C. S. 62 21. Private hospitals part of public charities. All hospitals, homes, or schools for the care and treatment of insane persons, idiots and feebleminded persons and inebriates, formed in compliance with the two preceding sections and duly licensed by the board of charities and public wel¬ fare, as in this article provided, shall, during the continuance of such license, become and be a part of the system of public charities of the State of North Carolina. C. S. 6222. Insane persons placed in private hospital. Whenever any person shall be found to be insane in the mode hereinbefore prescribed and such person shall be possessed of an income sufficient to support those who may be legally dependent for support on the estate of such insane person, and, moreover, to support and maintain such insane person in any named hospital without the State, or any private hospital within the State, and such insane person, if of capable mind to signify such preference, shall, in writing, declare his wish to be placed in such hospital instead of being in a State hospital (or in case such insane person is incapable of declaring such prefer¬ ence, then the same may be declared by his guardian), and two respectable physicians who shall have examined such insane person, with the clerk of the court or justice of the peace who made the examination, shall deem it proper, then it may be lawful for the clerk or justice, together with said physicians, to recommend in writing that such insane person shall be placed in the hospital so chosen, as a patient thereof. C. S. 6223. Justice of the peace to report to clerk. It shall be the duty of the justice, when he shall act, to report the proceedings in such cases to the clerk of the Superior Court of the county in which such insane person may reside or be domiciled. C. S. 6224. Clerk to report proceedings to judge. The clerk of the court shall lay the proceedings before the judge of the Superior Court of the district in which such insane person may reside or be domiciled, and if he approve them, he shall so declare in writing, and such proceedings, with the approval thereof, shall be recorded by the clerk. C. S. 622 5. Certified copy and approval of judge sufficient authority. A certified copy of such proceedings, with the approval of a judge, shall be sufficient warrant to authorize any friend of such insane person appointed by the judge to remove him to the hospital designated. C. S. 622 6. Examination and commitment to private hospital. When it is deemed advisable that any person, a citizen of the State of North Carolina, or a citizen of another state or country temporarily sojourning in North Carolina, should be detained in any private hospital within the State, two persons, one of whom must be a physician, not connected with any private hospital, shall make affidavit before a justice of the peace or a clerk of the Superior Court of this State that they have carefully examined the alleged insane person; that they believe him to be a fit subject tor commit¬ ment to a hospital for the insane, and that his detention and tieatment be for his advantage and benefit. This certificate shall be filed and approved bv the clerk of the Superior Court in the county in which the examination is held, or in the county in which the private hospital is located, and a certi- 74 State Laws on Public Welfare fied copy of this certificate and approval of the clerk shall be deposited with the superintendent of the private hospital as his authority for holding the insane person. The clerk of the court may, if he sees fit, issue warrants and have the alleged insane person before him in manner prescribed in article three of this chapter for the examination and admission to State hospitals, and he may, if he sees fit, order any insane person brought before him to be taken to a private hospital within the State instead of one of the State hospitals, and his warrant shall be sufficient authority for holding such insane person in such private hospital. Idiots, feebleminded persons, and inebriates may be committed to and held in private hospitals or homes in this State in the manner hereinbefore prescribed for insane persons: Pro- viclecl, that a period of detention in a private hospital or home of not less than one month and not more than six months shall be prescribed for inebriates, at the discretion of the clerk of the Superior Court approving the commitment. C. S. 622 7. Patients traiisferrert from State hospital to private hospitnl. When it is deemed desirable that any inmate of any State hospital be trans¬ ferred to any licensed private hospital within the State, the executive com¬ mittee may so order, and a certified copy of the commitment on file at the State hospital and the order of the executive committee shall be sufficient warrant for holding the insane person, idiot, or inebriate by the officers of the private hospital. C. S. 622 8. Guardian of insane person to pay expenses out of estate. It shall be the duty of any person having legal custody of the estate of an insane person, idiot, or inebriate legally held in a private hospital to supply funds for his support in the hospital during his stay therein, and so long as there may be sufficient funds for that purpose over and beyond maintaining and supporting those persons who may be legally dependent on the estate. C. S. 6229. Fees and charges for examination. The fees and charges for examination for admission to private hospitals shall be the same as for examinations for admission to the State hospitals. Abolition of the State Hospital for the Dangerous Insane [Chapter 165 , Public Laws 1923 .] AN ACT TO ABOLISH THE STATE HOSPITAL FOFv THE DANGEROUS INSANE AND TO PROVIDE FOR THE COMMISSION AND CARE AND CURE OF SUCH INSANE AT OTHER STATE HOSPITALS. The General Assembly of North Carolina do enact: Section 1. Sections six-thousand two hundred and thirty, six thousand two hundred and thirty-one, six thousand two hundred and thirty-two, six thousand two hundred and thirty-three, six thousand two hundred and thirty- four, and six thousand two hundred and thirty-five be and the same are hereby repealed. Sec. 2. Section six thousand two hundred and thirty-six be and the same is hereby amended by striking out in line seven thereof the words, “To the hospital for the dangerous insane,” and substituting therefor, “to the State Hospital at Raleigh,” if the alleged criminal is white, or “to the State Hos¬ pital at Goldsboro,” if the alleged criminal is colored, and if the alleged criminal is an Indian from Robeson County, to the State Hospital at Raleigh, as now provided for insane Indians from Robeson County. Sec. 3. That the words, “like patients in other State hospitals,” in line ten of section six thousand two hundred and thirty-six be stricken out and the proviso at the end of such section six thousand two hundred and thirty- six be repealed. State Laws ox Pitblic Welfare < f> Sec. 4. Section six thousand two hundred and thirty-seven of the Ton- sohdatert Statutes be and the same is hereby amended by striking out the words in lines seventeen and eighteen thereof, “for the dangerous insane to which such person is or has been committed,” and substituting therefor the words designated in section two of this act,” and by striking out the words tor the dangerous insane,” in line twenty-two of said section and siibstitiit- mg therefor, “designated in section two of this act.” Sec. 5. Section six thousand two hundred and thirty-eight be and the same is hereby amended by striking out the words, “herein provided for,” in line four thereof and substituting the words, “designated in section two of this act,” in lieu thereof. Sec. 6. Section six thousand two hundred and thirty-nine be and the same is hereby amended by striking out the words, “for the dangerous insane,” in line three thereof and substituting therefor the words, “designated in section two of this act,” and by striking out the words, “to said depart¬ ment,” in line six thereof and substituting therefor, “to the hospital desig¬ nated in section two of this act”; by striking out the words, “for the dangerous insane,” in line twelve thereof and substituting, “designated in section two of this act.” Sec. 7. Section six thousand two hundred and forty of the Consolidated Statues be and the same is hereby amended by striking out the word “the” in line eight, between the words “in” and “hospital,” and substituting therefor the word “said,” and by striking out the words, “for the dangerous insane,” in line eight; by striking out the words, “for the dangerous insane,” in line fourteen thereof. Sec. 8. Section six thousand two hundred and forty-one of the Consoli¬ dated Statutes be and the same is hereby amended by striking out the words, “for the dangerous insane or to one of the other State hospitals for the insane,” in lines nine and ten and substituting therefor, “designated in section two of this act,” and by striking out the last three words of said section and substituting therefor, “chapter one hundred and three of the Consolidated Statutes.” Sec. 9. Section six thousand two hundred and forty-two of the Consoli¬ dated Statutes be and the same is hereby amended so as to read as follows: It shall be the duty of the duly constituted authorities of the State hospitals designated in this act for the insane to receive all such insane persons as shall be committed to said institutions in accordance with the provisions of this act, and to treat and care properly for the same until discharged, in accordance with the provisions of the law. Sec. 10. Section six thousand two hundred and forty-three of the Consoli¬ dated Statutes is hereby repealed. Sec. 11. As soon as it may be after the ratification of this act, all the dangerous insane now confined in the State Hospital for the Dangeious Insane at Raleigh shall be distributed to the hospitals designated in section two of this act. Sec. 12. The patients now confined in the State Hospital for the Dangerous Insane shall not, however, be transferred as herein provided from such hos¬ pital to the other hospitals until the superintendent of the State Hospital for the Insane at Raleigh and the superintendent of the State Hospital for the Insane at Goldsboro notifies the superintendent of the State’s Prison that they are ready to receive such patients. Sec. 13. Until said State Hospitals for the Insane at Raleigh and Golds¬ boro are readv to receive the dangerous insane as defined in article six of chapter one hundred and three of the Consolidated Statutes, said dangerous 76 State J>aws on Public Welfake insane shall continue to be subject to the rules and regulations as now con¬ tained in said article six, and the various courts of the State in a proper case shall continue to use the machinery provided in article six above in dealing with said dangerous insane. Sec. 14. Subject to the limitations contained in sections twelve and thir¬ teen of this act, this act shall take effect from and after its ratification. Ratified March 6, 1923. STATE PRISON C. S. 7 69 8. Iiicoii)oration; action against State. The Board of Direc¬ tors of the State’s Prison of North Carolina and their successors in office are and shall continue to be a corporation, with the name of the State Prison, which corporation shall be invested with all the property, real and personal, choses in action, and other rights now owned, held or enjoyed by the North Carolina penitentiary or State’s Prison, and shall be liable for all of the debts and other liabilities for which the penitentiary or State’s Prison is now liable. Any suit or action against such corporation shall be construed to be brought against the State, and no person shall have the right to bring or maintain any suit or action against it, nor shall any of the courts of the State have jurisdiction to try, hear, or determine any such suit or action, except as allowed by the Constitution in case of claims against the State. C. S. 7699. Directors appointed by Govenior; tenii four years. The State’s Prison of North Carolina shall be governed and controlled by a board of directors which shall consist of a chairman and four other members, to be appointed by the Governor, by and with the advice and consent of the Senate. The board shall be so appointed during the session of the General Assembly of one thousand nine hundred and five, and every four years thereafter, and their term of office shall be four years, beginning on the fifteenth of March next after their appointment. C. S. 7 703. Directors to employ servants and agents. The board of directors are authorized to employ such managers, wardens, physicians, su¬ pervisors, overseers, and other servants or agents as they may deem neces¬ sary for the management of the affairs of the State’s Prison and the safe-keep¬ ing and employment of the convicts therein confined. They shall fix the compensation of such servants or agents, prescribe their duties by proper rules and regulations, and may discharge them at will. C. S. 7707. Custody, eini)loyment, hiring out, and recapture of convicts. The board of directors shall make provision for receiving and keeping in cus¬ tody, until discharged according to law, all convicts now confined in such prison, and all such as may be sentenced to imprisonment therein by the courts of this State. It shall also provide for the employment of such con¬ victs, either in the prison or on farms located or owned by the corporation; and may contract for the hire or employment of any able-bodied convicts, not necessary to be detained in the prison, near Raleigh, upon such terms as may be just and fair to the corporation, but such convicts, when so hired or employed, shall remain under the actual management, control, and care of the board of directors or its employees, agents, and ser.vants; but no female convict shall be worked on public roads or streets. The board of directors may provide for the recapture of convicts that may escape from such prison, in such manner as it may deem best, and may pay such reward and expenses to any person making such recaptures as it may think proper. Any citizen State Laws ox Public Welfare 77 of North Carolina shall have authority without warrant to apprehend anv convict who may escape before the expiration of his term of imprisonment and return him to the State’s Prison. C. S. 7710. Directors not to furnish supplies. No director shall furnish any supplies or materials, directly or indirectly, for the support of the con¬ victs, or for the use of the State’s Prison. C. S. 7714. Sanitai^' and hygienic care of piisoiiers. The sanitary and hygienic care of the prisoners shall be under the direction, supervision, and regulation of the State Board of Health, and all camp equipment shall con¬ form to the plans and specifications of and be approved by the State Board of Health; and the board of directors of the State Prison shall do such things as may be necessary to carry out the recommendations of the State Board of Health. The supervision of the State Board of Health shall apply to the State Prison, the State farms, and county or State camps or other places where the prisoners are confined or housed, and such recommendations as shall be made by the State Board of Health regarding clothes, bedding, table¬ ware, and bathing for the prisoners shall be carried out by the board of directors of the State Prison. C. S. 7716. What iirisoners sent to State Prison. All persons convicted of crime in any of the courts of this State whose sentence shall be five years or more shall be sent to the State Prison. C. S. 7717. Convicts sent to jilace of labor. The board of directors shall, as far as practicable, make arrangements for the conveying of con¬ victs from the places where convicted, direct to the place where they are to be worked, when it would be to the interest of the State so to do. C. S. 7718. To be sent within five days. The sheriff, having in charge any prisoner sentenced to the State’s Prison, shall proceed to send him to the State’s Prison or place of assignment, within five days after the adjournment of the court at which he was sentenced, if no appeal has been taken. C. S. 7 721. Board to make iH'gulations. The board of directors is authorized to adopt such rules and regulations for enforcing discipline as their judgment may indicate, not inconsistent with the Constitution and laws of the State. And they shall print and post the same in the cells of the convicts, and the same shall be read to every convict in the State’s Prison when received. C. S. 7 722. Infraction of rules recorded. The board of directors shall require to be kept a book in which shall be entered a record of every infrac¬ tion of the published rules of discipline with the name of the prisoner so guilty, and the punishment inflicted therefor, which record shall be sub¬ mitted to the directors at their monthly meeting. • C. S. 7 7 23. Pi'isoners classified and distinguished. The board of direc¬ tors of the State Prison shall direct the classification of all male prisoners committed to their charge into three classes or grades, as follows: In the first class shall be included all those prisoners who have given evidence that they will, or whom it is believed will, observe the rules and regulations and work diligently, and are likely to maintain themselves by honest industry after their discharge; in the second class shall be included those prisoners who have not as yet given evidence that they can be trusted, but are compe- 78 State Laws on Public Welfake tent to work and are reasonably obedient to the rules and regulations of the institution; and in the third class shall be those prisoners who have demon¬ strated that they are incorrigible, have no respect for the rules and regula¬ tions, and seriously interfere with the discipline and the effectiveness of the labor of the other prisoners. The men of the first class shall be known as honor men, and when grouped together in camps as hereinafter provided for, the camp shall be known as an “honor camp,” and they shall wear a distinc¬ tive but not very conspicuous uniform, and shall be worked without guards, and when in prison or camps, or in any other place of detention, they shall not be chained or under armed guards at night. The men of the second class shall wear a conspicuous uniform, and shall be worked under armed guards, but shall not wear chains while at work, but may or may not be chained at night in the discretion of the superintendent. The men of the third class shall be dressed in stripes, shall be worked under armed guards, wear chains during the day, whenever this is considered necessary, and be chained at night when in camp, and shall be worked as far as possible in stockades, inclosing rock quarries, but may be worked on public roads in camps con¬ taining only this class of men, at the discretion of the superintendent, or that may hereafter be made by the General Assembly: Pr'ovided, that the classification of male 2)risone7's shall avply to female prisoners in so far as it 7'elates to commutation of time and pay for their work. Honor men may he woi'ked wherever any work is being carried on hy the P7'iso7i. provided their jwivileges and immunities as set forth in this section are m 7io wise abridged. C. S. 772 4. Assignment to classes and changes. Persons sentenced to the penitentiary or State Prison for the first time shall be placed in the first or second class, but the assignment of a prisoner to any one of the three classes referred to in this article shall not be considered to mean that such prisoner must remain in said class, but a prisoner may be changed from a lower to a higher class or from a higher to a lower class, depending upon his behavior, and it shall be the purpose and intent of this section to direct the board of directors of the State Prison to encourage and assist the men to so improve themselves that they can be transferred from a lower to a higher class or grade. C. S. 772 5. Commutation of time, alloAvaiices, and earnings. The men of the first class shall be allowed a cojnmutation of their se7ite7ice of one hundred and four days per each year se7wed, a7id the 7nen of the second class shall be allowed a c077imutation of their sentence of seventy-eight days for each year they se7've, and the men of the third class shall be alloived a com¬ mutation of their se7itence of fifty-tico days for each year they se7've. If a man remains in the third class for three continuous years, he shall not be allowed any fu7'ther commutation of time. In the event any prisoner shall be sentenced for a less period of time than one year, said pi’isoner shall be entitled to a p7'oportionate commutation of his sentence. The men of the first class shall be allowed fifteen cents per day for each day they work, and those in the second class ten cents per day, and those in the third class five cents per day for each day they work; and the sum shall, in case the prisoner has a family which was dependent upon him, be paid monthly to such family. In case the prisoner has no family, then the money earned by said prisoner shall become accumulative, to be paid over to the prisoner at the time of his discharge, or to be drawn upon by the prisoner for the purchase of such things as the prisoner may desire and for other purposes, by and with the approval of the superintendent. All life p7'iso7iers shall receive four cents per day for each day they wo7'k. This amoimt to be placed to their credit 07 i the books of the institutio7i, one-half of which may be drawn out semi- State Laws ox Public Welfare 79 annually and used as they see fit, and the other half to remain to their credit on the hooks of the institution and paid to them in case they are pardoned. C. S. 772 6. Employment at useful labor; hours per day. The board of directors of the State Prison shalb through the superintendent, wardens, managers, or officials of the penitentiary, State farms, or reformatories in the State, so far as is practicable, cause all the prisoners in such institutions who are physically capable thereof to be employed at useful labor not to exceed ten hours of each day, other than Sundays and public holidays; Provided, that not more than nine hours work per day shall be permitted when prisoners are hired to private persons, firms, or corporations. This section shall not apply to work on the State farm, nor to existing contracts heretofore made by this State. C. S. 7727. Prisoners examined for assignment to work. Each prisoner committed to the charge of the board of directors of the State Prison shall be carefully examined by a competent physician in order to determine his physical and mental condition, and his assignment to the prison, farm, or camps, and the work that he is required to do, shall be dependent upon the report of said physician as to his physical and mental capacity. C. S. 7728. Whipping or flogging prisoners. It is unlawful for the board of directors of the State Prison to whip or flog, or have whipped or flogged, any prisoner committed to their charge until twenty-four hours after the report of the offense or disobedience, and only then in the presence of the prison physician or prison chaplain; and no prisoner other than those of the third class as defined in this act shall be whipped or flogged at any time. C. S. 7729. Prisoner’s supplies and clothes to be marked. The prison¬ er’s number shall be used for marking all clothes, bedclothing, beds, and other supplies used by the prisoners, so that when such clothes, bedclothing, and supplies are washed and cleaned they shall be always returned for the use of the same prisoner. C. S. 7730. Unifoim for prisoners; felon’s stripes. It is the duty of the several judicial officers of the State, in assigning any person to work the pub¬ lic roads of any county, to designate in each judgment that such as may be convicted of a felony shall wear felon’s stripes, and such as are convicted of a misdemeanor shall not wear felon’s stripes. In order to carry into effect the provisions of this section, the State Prison board shall prescribe a uni¬ form to be worn by persons convicted of felony, and a uniform to be worn by persons convicted of a misdemeanor, which shall be different and easily dis¬ tinguished from the uniform of the felon; but the State Prison boaid or other governing authority may, in their discretion, allow prisoners sen¬ tenced for misdemeanor only to wear clothes similar to that worn by the ordinary citizen. The board of commissioners of the respecti\e counties in which donvicts are worked on the public roads shall provide unifoims of each kind, except in those cases exempted in this section. C S 7731. Violation as to Avork in felon’s uniform; oflicer liable. It shall be unlawful to work persons convicted of a felony in other than the uniform of a felon, or to clothe a person convicted of a misdemeanor in the uniform of a felon. Any superintendent of convicts or other person in authority who shall violate this law shall be guilty of a misdemeanor, and fined or imprisoned, or both, in the discretion of the court; and, moreover, be liable in damage to the party aggrieved, to be recovered in a civil action, which may be brought in either the county from which the party was sen¬ tenced or the county in which the wrong was done. 80 State Laws on Public Welfare C. S. 7 732. Kocreation and instruction of prisoners. The board of di¬ rectors of the State Prison is authorized and directed to arrange certain forms of recreation for the prisoners, and shall arrange so that the prisoners, during their leisure hours between work and time to retire, shall have an opportunity to take part in games, and attend lectures, and take part in other forms of amusement as may be provided by the board. The said board is also authorized and directed to make such arrangements as are necessary to enable classes to be organized amongst the prisoners, so that those who desire may receive instruction in various lines of educational pursuits. The board shall utilize, where possible, the services of the prisoners who are sufficiently educated to act as instructors for such classes in education; such services, however, shall be voluntary on the part of the prisoner. The board is further authorized and directed to make such arrangements as will be necessary so that religious services may be held for the prisoners on Sundays, and at such other times as they may deem wise. The attendance of the prisoners at such religious services shall be voluntary. That the provisions of this section shall apply to the State Prison, State farm, and State camps. C. S. 7733. Use of intoxicants forbidden to employes. No one addicted to the use of intoxicating liquors shall be employed as superintendent, warden, guard, or any other position connected with the State Prison, State farm. State camps, where such position requires the incumbent thereof to have any charge or direction of the prisoners; and any one holding such position, or any one who may be employed in any other capacity in said State Prison, State farm, or State camps who shall come under the influence of intoxicating liquors shall at once cease to be an employee of any of the institutions, and shall not be eligible for reinstatement to said position or be employed in any other position in any of the institutions. Any superintendent, warden, super¬ visor, or other person holding any position in the State Prison who curses a priso7ier under his charge shall at once cease to he an employee of the institution mid shall not he eligible for reinstatement. C. S. 773 4. Correspondence of prisoners regulated. The prisoners con¬ fined at any State prison, State farm, or State camp who are in the first class or grade authorized by this article shall be allowed general correspondence privileges in so far as such correspondence does not interfere with the work and discipline of the said prison, farm, or camp; prisoners who are in the second class or grade authorized by this article shall be allowed similar correspondence privileges but somewhat more restricted than those in the first class or grade; and prisoners who are in the third class or grade author¬ ized by this act shall only be allowed such correspondence privileges as may be deemed best by the superintendent. Any prisoner shall be permitted to write a letter to the Governor of the State at any time he desires, and said letter shall be mailed for him as other letters are mailed. C. S. 773 5. Divine seiwices; Sunday school. The board of directors is authorized to provide for divine service for the convicts each Sunday, if possible, and to secure the visits of some minister at the hospital to adminis¬ ter to the spiritual wants of the sick, and an appropriation of not more than five hundred dollars per annum may be used for these purposes. The sum of fifty dollars per annum is appropriated for the use of the State’s Prison Sunday School, to be paid to the warden of the State’s Prison by the State Treasurer on the warrant of the Auditor. C. S. 773 6. Religious instmction at Caledonia Farm. The board of directors of the State’s Prison is authorized and directed, in order to pro¬ vide religious worship for the prisoners confined in the State’s Prison, known State Laws on Public Welfake 81 as the Caledonia Farm, to employ a resident minister of the gospel and to pro¬ vide for his residence and support in such manner as the board may determine. It shall be the duty of such resident minister of the gospel to render religious services to the prisoners in accordance with such rules and regulations as the board of directors may prescribe. C. S. 773 8. Indeterminate sentence and discharge. The various judges of the Superior Court of North Carolina are authorized and directed, in their discretion, in sentencing prisoners to the State Prison, to pass upon such prisoner a minimum and maximum sentence, thus making the sentence of the prisoner an indeterminate sentence, and the board of directors of the State Prison is authorized and directed to consider at least once every six (6) months the cases of such prisoners as have been committed to the State Prison with an indeterminate sentence, as to whether such prisoner is entitled to a discharge, and to take into consideration the said prisoner’s record since committed to the charge of the board of directors of the State Prison: Provided, that the prisoner has served the minimum time to which he was sentenced after allowing credit for good behavior as authorized by law. C. S. 7739. Application for pardon to include record. Any application for the pardon of a prisoner committed to the charge of the board of direc¬ tors of the State Prison shall include a record of such prisoner since he was committed to the charge of the board; and in determining whether or not a parole or pardon shall be granted, consideration shall be given to the record of such prisoner; and the record of such prisoner shall be available to those making the application. C. S. 7740. Prisoners of different races kept separate. White and col¬ ored prisoners shall not be confined or shackled together in the same room of any building or tent, either in the State Prison or at any State or county convict camp, during the eating or sleeping hours, and at all other times the separation of the two races shall be as complete as practicable. Any officer or employee of either the State or any county in the State having charge of convicts or prisoners who shall violate or permit the violation of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days. C. S. 7741. Separation of youthful prisoners. Youthful convicts shall be kept separate from old and hardened criminals in sleeping quarters. C. S. 7742. Punishment for recaptured pHsoners. If a prisoner of the first or second class or grade attempts to escape or leaves the Prison, State farm, or State camp without permission, he shall, upon being recaptured, be reduced to the third class or grade and shall permanently lose all his accumu¬ lated time and money; and the board of directors of the State Prison is authorized and directed to use every means possible to recapture any man escaping or leaving, without permission, any of the State prisons, camps, or farms, regardless of expense. t C. S. 774 3. Recapture of escaped felons; reward. It is the duty of the superintendent of the State’s Prison, when any person escapes from the State’s Prison who has been confined or placed to work, to immediatel> notify the Governor, and to accompany such notice with a full description of the escaped, together with such information as will be of service in the recapture. The Governor is authorized to offer such reward as he may deem advisable and necessary for the recapture and return to the State’s Prison 6 82 State Laws ox Public Welfake of any person who may escape or who heretofore has escaped therefrom. Such reward, when earned, shall be paid by the Treasurer of the State upon the warrant of the Governor and charged to the penitentiary board, and by said board to be repaid to the State Treasurer, and accounted for as part of the expense of maintaining the State’s prisoners. C. S, 7744. Coiiy of this article supplied to jirisoiiei's. That this article shall be printed in pamphlet form and each prisoner committed to the charge of the board of directors of the State Prison shall be supplied with a copy, and its contents shall be explained to him at the time he is brought to the State Prison. C. S. 7745. Overseers and guards may maintain discipline. When a convict or several combined shall offer violence to any officer, overseer or guard, or to any convict, or attempt to do any injury to the prison building or the workshops, or shall attempt to escape, or shall resist or disobey any lawful command, the officer, overseer, or guard shall use any means necessary to defend himself, to enforce the observance of discipline, to secure the person of the offender and to prevent an escape. C. S. 7746. Death of convict investigated by directors. It shall be the duty of the board of directors, or some member thereof, upon information of the death of a convict other than by natural causes, to investigate the cause thereof and report the results of such investigation to the Governor, and for this purpose the board of directors, or any member thereof, shall have power to administer oaths, and send for persons and papers. C. S. 7747. Convict fuiuiished transportation out of commutation money. The superintendent of the State’s Prison shall furnish to every convict, upon the expiration of his term of imprisonment, a certificate of transportation or railroad ticket to the county in which such convict was convicted, or to any other county less distant which such convict may desig¬ nate, and in which the State’s Prison may not have convicts employed, and shall pay the cost thereof out of commutation money, if there be any to the credit of such convict, under the provisions of this chapter; and the superin¬ tendent shall so countersign such certificates or tickets as to render them non- transferable, and shall compel every convict, as the proper holder thereof, to take passage upon the train or steamboat bound for the destination of such convict. C. S. 7 748. Chiklren bom in State’s Prison. Any child born of a female convict while she is in the custody of the State’s Prison that shall not be taken in charge upon arrival at an age suitable to be separated from the mother by some of its kindred or other responsible party shall, on the applica¬ tion of the deputy warden to the clerk of the Superior Court of the county of Wake, be disposed of as the law provides in the case of children whose parents are dead or unable to provide for them. C. S. 775 8. Parming out iirisoiiers; counties ami towns may employ. It shall be lawful for the board of commissioners of any county, and likewise for the corporate authorities of any city or town, to contract in writing with the board of directors of the State’s Prison for the employment of such con¬ victs as by existing laws may be hired to railroad companies, upon the high¬ ways or streets, for the construction or improvement of the same, of the county, city, or town whose authorities shall so hire such convicts. State Laws on Public Welfare 8,3 C. S. 7759. Duty to hire to counties and towns. Upon application to them it shall be the duty of the board of directors of the State’s Prison to hire to the board of commissioners of any county, and to the corporate authorities of any city or town, for the purpose specified in the preceding sec¬ tion, such convicts as may lawfully he hired for service outside the State’s Prison, as shall not at the time of such application be so hired; hut the con¬ victs hired for service upon the highways and streets shall he fed, clothed, and quartered while so employed, by the board of directors or managers of the State s Prison as in case of the hiring of convicts to railroad companies. C. S. 7760. Contract for hire; how^ enforcesic«il condition. The medical staff of any penal or charitable hospital or insti¬ tution of the State of North Carolina is hereby permitted and instructed to have anv surgical operation performed by competent and skillful surgeons upon any inmate of any such penal or charitable hospital or in the judgment of the board hereinafter created in the next succeeding sec tion, such operation would be for the improvement of physical condition of such inmate of any such institution. operation shall not be performed until same shall have been affirmed b> Cxovernor and the secretary of the State Board of Health. 04 State Laavs on Public Welfabe C. S. 7222. Board of consultation for cari’ying out piwdsions of this article. At least one representative of the medical staff of the several charitable and penal institutions of the State, and one from the State Board of Health, such representatives to be designated by the governing bodies of the several institutions, shall constitute a board of consultation for the carrying out of the provisions of this article. Such board shall cause a permanent record to be kept by one of its members, designated as secretary, of all its actions and judgments, taken at a meeting held only after due notice has been issued to all its members. Ruling of Attoniey-General on Discipline of Jail l^risoners August 22, 1922. Mrs. Clarence A. Johnson, State Commissioner of Puhlie Welfare, Raleigh, N. C. Dear Madam: You asked this office to state fully whether or not the keeper of a county jail has any authority to discipline the prisoners confided to his care. The jailer in North Carolina is simply an employee of the sheriff of the county whose jail he keeps. He is not a public officer, but in all his acts in the scope of his authority represents the sheriff. Our Court has held with reference to the county convicts sentenced to hard labor upon the public roads that they are not subject to hogging by the officer having them in charge. Section 1361 of C. S. authorizes the board of commissioners of a particular county to enact all needful rules and regulations for the successful working of convicts upon the public roads. This, of course, does not confer any authority upon the county commissioners to make rules and regulations even for convicts whose punishment is confinement in the county prison, so, of course, much less can they make rules and regulations for the discipline of prisoners untried and imprisoned in the county jail temporarily until trial on account of their inability to give bond. The sheriff himself has no author¬ ity to discipline prisoners of either of the latter classes. It is very clear, then, that when the jailer goes beyond the necessary measures for preventing the escape of prisoners committed to his care, or the necessary precautions for his own safety, he offends against the law. In no sense and in no way has he authority to discipline the prisoners committed to him as an employee of the sheriff for safe-keeping. Yours very truly, (Signed) James S. Manning, Attorney General. [Chapter 127 , Public Laws 1923 .] SANATORIUM FOR TUBERCULAR PRISONERS The General Assembly of Rorth Carolina do enact: Section 1. That the administration of this act is given exclusively to the board of directors of the North Carolina Sanatorium for the Treatment of Tuberculosis, which board is expressly authorized and empowered to make such rules and regulations not inconsistent with this act as it may deem wise: First, as to the determination of whether a particular convict is suf¬ fering Avith tuberculosis, and, second, whether or not the disease is in such a stage as to require special treatment. Sec. 2. There shall be established at, or as near to as feasible, the North Carolina Sanatorium for the Treatment of Tuberculosis, a sanatorium for the treatment of tubercular prisoners or convicts. The board of directors of the North Carolina Sanatorium for the Treatment of Tuberculosis shall have all 1)5 State Laws on Public AYelfake the authority and power over the said sanatorium as that conferred upon the State Board of Health over the said North Carolina Sanatorium in sections seven thousand one hundred and seventy-two et seq. of the Consolidated Statutes of one thousand nine hundred and nineteen. Sec, 3, The county physician or county health ofRcer of the various coun¬ ties of the State who has examined any prisoner or convict upon the public roads and has pronounced him to be affected with tuberculosis, is hereby re¬ quired to report such case to the board of directors of the North Carolina Sanatorium for the Treatment of Tuberculosis, giving a history of the same and such other facts as the board of directors of the North Carolina Sana¬ torium for the Treatment of Tuberculosis may determine in its rules and regulations. Sec, 4, The physician in charge of the State’s Prison or any particular convict camp of State prisoners shall make similar reports under similar rules and regulations to the board of directors of the North Carolina Sana¬ torium for the Treatment of Tuberculosis of all State prisoners who upon examination by him have been determined to be infected with tuberculosis. Sec. 5. The board of directors of the North Carolina Sanatorium for the Treatment of Tuberculosis upon receiving such reports shall examine into the condition of these prisoners or convicts and if it is determined that such condition justifies it, shall direct their transfer from either county authori¬ ties, if a county prisoner, or the State’s Prison, if a State prisoner, to the sanatorium herein provided. The cost of such transfer, if it is a county prisoner, shall be paid by the county from which he is transferred; if a State prisoner, the cost shall be paid by the State’s Prison. Sec. 6. In addition to the authority to make rules and regulations herein¬ before placed upon the board of directors of the North Carolina Sanatorium for the Treatment of Tuberculosis, it is further authorized to make such rules and regulations as in its judgment may seem wise in relation to the care and safe-keeping of the prisoners and convicts so transferred to the State Sanatorium for Tubercular Prisoners. Sec. 7. That there is hereby appropriated from funds not otherwise appro¬ priated in the hands of the State Treasurer the sum of fifty thousand dollars ($50,000), for the purchase of land and erection of adequate buildings for such sanatorium for prisoners and convicts; and there is further appropriated for the year one thousand nine hundred and twenty-three and the year one thousand nine hundred and twenty-four the sum of thirty-seven thousand five hundred dollars ($37,500) for the support of such sanatorium dining these years. The Auditor of the State shall issue his warrant for such paits of such sums as may be from time to time certified to him by the board of directors of the North Carolina Sanatorium for the Treatment of Tubercu¬ losis and the Treasurer shall pay said warrants from the appiopiiations herein made. Sec. 8. 'All laws and parts of laws in conflict with this act are heieb> repealed. Sec. 9. That this act shall take effect from and after its ratification. Ratified March 2d, A. D. 1923. THE CAKE OF THE FOOll C S 13 3 5. Support of poor; superintendent of county home; paupeis removing to county. The board of commissioners of each county is au¬ thorized to provide by taxation lor the maintenance of the poor, and to do IveryuLs expedient tor their comfort and well ordering They may emp oy biennially some competent person as superintendent of the county home tor 96 State Laws ox Public Welfake the aged and infirm, and may remove him for cause. They may institute proceedings against any person coming into the county who is likely to become chargeable thereto, and cause his removal to the county where he was last legally settled; and they may recover from such county by action all charges and expenses incurred for the maintenance or removal of such poor person. C. S. 133 6. County home for aged and infirm. All persons who necome chargeable to any county shall be maintained at the county home for the aged and infirm, or at such place or places as the board of commissioners select or agree upon. C. S. 133 7. Records for county, how to be kept. The keeper or super¬ intendent in charge of each county home in North Carolina, or the board of county commissioners in each county where there is no county home, shall keep a record book showing the following: Name, age, sex, and race of each inmate; date of entrance or discharge; mental and physical condition; cause of admission; family relation and condition; date of death if in the home; cost of supplies and per capita expense of home per month; amount of crops and value, and such other information as may be required by the board of county commissioners or the State Board of Charities and Public Welfare; and give a full and accurate report to the county commissioners and to the State Board of Charities and Public Welfare. Such report to be filed an¬ nually on or before the first Monday in December of each year. C. S. 133 8. Support of county home. The board of commissioners may provide for the support of the persons admitted by them to the home for the aged and infirm by employing a superintendent at a certain sum, or by pay¬ ing a specified sum for the support of such persons to any one who will take charge of the county home for the aged and infirm, as said board may deem for the best interest of the county and the cause of humanity. C. S. 1339. Property of indigent to be sold or rented. When any indi¬ gent person who becomes chargeable to a county for maintenance and sup¬ port in accordance with the provisions of this article, owns any estate, it is the duty of the board of commissioners of any county liable to pay the expenses of such indigent person, to cause the same to be sold for its indem¬ nity or reimbursement in the manner provided under article three of the chapter entitled Insane Persons and Incompetents, or they may take posses¬ sion thereof and rent the same out and apply the rent toward the support of such indigent person. C. S. 13 40. Families of indigent militiamen to be supported. When any citizen of the State is absent on service as a militiaman or member of the State guard, and his family are unable to support themselves during his absence, the board of commissioners of his county, on application, shall make towards their maintenance such allowance as may be deemed rea¬ sonable. C. S. 1341. Paupers not to be hired out at auction. No pauper shall be let out at public auction, but the board of commissioners may make such arrangements for the support of paupers with their friends or other persons, when not maintained at the county home for the aged and infirm, as may ])e deemed best. 97 State Laws on Public Welfake C. S. 1342. Legal settlements; how acquired. Legal settlements may be acquired in any county, so as to entitle the party to be supported by such county, in the manner following, and not otherwise; 1. By one years residence. Every person who has resided continuously in any county for one year shall be deemed legally settled in that county. 2. Married woinen to have settlement of their hushands. A married woman shall always follow and have the settlement of her husband, if he have any in the State, otherwise, her own at the time of her marriage, if she then had any, shall not be lost or suspended by the marriage, but shall be that of her husband, till another is acquired by him, which shall then be the settlement of both. 3. Legitimate child} en to have settlement of father. Legitimate children shall follow and have the settlement of their father, if he has any in the State, until they gain a settlement of their own; but if he has none, they shall, in like manner, follow and have the settlement of their mother, if she has any. 4. Illegitimate children to have settlement of mother. Illegitimate children shall follow and have the settlement of their mother, at the time of their birth, if she then have any in the State. But neither legitimate nor illegiti¬ mate children shall gain a settlement by birth in the county in which they may be born, if neither of their parents had any settlement therein. 5. Settlement to continue until new one acquired. Every legal settlement shall continue till it is lost or defeated by acquiring a new one, within or without the State; and upon acquiring such new settlement, all former settle¬ ments shall be defeated and lost. C. S. 1343. Removal of indigent to county of settlement; maintenance; penalties. Upon complaint made by the chairman of the board of county commissioners, before a justice of the peace, that any person has come into the county who is likely to become chargeable thereto, the justice, by his warrant, shall cause such poor person to be removed to the county where he was last legally settled; but if such poor person is sick or disabled, and can¬ not be removed without danger of life, the board of commissioners shall pro¬ vide for his maintenance and cure at the charge of the county; and after his recovery shall cause him to be removed, and pay the charges of his removal. The county wherein he was last legally settled shall repay all charges occa¬ sioned by his sickness, maintenance, cure and removal, and all charges whatever, if such person die before removal. If the board of commissioners of the county to which such poor person belongs refuses to receive and pro¬ vide for him when removed as aforesaid, every commissioner so refusing shall forfeit and pay forty dollars, for the use of the county whence the removal was made; moreover, if the board of commissioners of the county where such person was legally settled refuses to pay the charges and expenses aforesaid, they shall be liable for the same. If any housekeeper entertains such poor person without giving notice thereof to the board of commissioners of his county, or one of them, within one month, the person so offending shall forfeit and pay ten dollars. 7 98 State Laws on Public Welfaee Distiuct Hospital-Homes [Laws 1923.] AN ACT TO ENABLE ANY TWO OR MORE COUNTIES TO ESTABLISH A DISTRICT HOSPITAL-HOME IN LIEU OF SEPARATE COUNTY HOMES. The General Assembly of Nor’th Carolina do enaet: Section 1. Any two or more adjacent counties may by action of the county commissioners in said counties, as hereafter provided, establish a District Hospital-Home for the Aged and Infirm, to be located at some suitable place within the counties composing the district, location and purchase to be con¬ trolled by a board of trustees appointed by the county commissioners of the respective counties owning and controlling said hospital-home, each county having the same relative vote in all meetings of the board of trustees as such county has in the lower house of the General Assembly. Sec. 2. That the county commissioners of the aforesaid counties are hereby authorized and empowered to sell and convey by deed all properties held by the aforesaid counties for the care and maintenance of their county’s poor, and from the proceeds of such sale appropriate so much as may be required to meet said county’s proportionate part of the funds necessary to perfect the completion of said community home for the aged and infirm as provided herein. Sec. 3. That should it be deemed wisest not to sell said properties, or should any county not have said properties in its possession, or should any counties have said properties’ which would not be for sale, the necessary funds shall then be raised by direct taxation within the county or counties preferring this method of raising their pro rata part. Sec. 4. That the several boards of county commissioners shall as soon as they shall have agreed among themselves to establish a District Hospital- Home for the Aged and Infirm for their counties, appoint the members of the board of trustees, which board shall be known as the Board of Trustees of the District Hospital-Home for the District Comprising ., ., . Counties; the members of said board of trustees shall.be appointed every two years by the boards of county commissioners, the term of office for said trustees shall be two years, and until their successors are chosen and qualified; that all vacancies shall be filled by the several boards of county commissioners and said commissioners shall provide for the expense and compensation of said board of trustees. Sec. 5. That this board of trustees shall, as soon as possible after appoint¬ ment, assemble and organize by the election of a chairman, a secretary and a treasurer, which last officer shall be bonded. They shall proceed promptly with the purchase of a site for such hospital-home, including, if they deem it desirable, a farm of suitable size, location and fertility, giving due consid¬ eration to sanitary surroundings and transportation facilities; provide for the necessary stock, tools and farm equipment, and shall then cause to be erected suitable plain, substantial, comfortable and permanent buildings for the accommodation of those for whom this act is intended, giving due regard to the separation of the sexes and races, and such other plans for segregation as their judgment and existing conditions may suggest. Said buildings are to be furnished with plain, substantial furniture, and such other equipment as conditions demand. Sec. 6. That the several counties constructing, equipping, and operating a district hospital-home shall pay for the site and for the construction and equipment of the plant in proportion to the taxable property of the several State Laws on Public Welfare 99 counties and shall own in the same proportion, but the operating expenses shall be borne by the several counties in proportion to the population of the county. Sec. 7. That the State Board of Charities and Public Welfare shall have prepared plans for such district hospital-home and shall furnish such plans on request to any board of trustees of any district hospital-home at cost; and that all such hospital-homes shall be built in accordance with plans fur¬ nished or approved by the State Board of Charities and Public Welfare. Sec. 8. That as soon as the district hospital-home is ready for occupancy the several county homes or poor houses, heretofore owned by the several counties, shall be closed and occupants shall be transferred and located in the district hospital-home for the aged and infirm herein provided for. Sec. 9. That the board of trustees of the said district hospital-home shall elect a capable superintendent and such other employes as it may deem necessary to the efficient management of said district hospital-home and shall fix their salaries with due regard to number and condition of inmates occu¬ pying said district hospital-home. Sec. 10. That the board of trustees shall meet at least twice a year for the transaction of such business as their positions may require. They shall have the general conduct and management of the district hospital-home’s affairs. They shall meet at the call of the chairman whenever he shall deem it necessary, or upon call issued by a majority of the board. Seic. 11. That the matter to be considered at any special meeting shall be set out in the call for the special meeting, but any business may be trans¬ acted at special meetings which received a two-thirds vote of the entire board of trustees, although not mentioned in the call. Sec. 12. That the board is vested with all powers not already mentioned which are possessed by boards supervising State institutions. Sec. 13. That any two or more counties constructing, operating and main¬ taining a district hospital-home for the aged and infirm shall, as required by law now in force for the care and maintenance of those not able to care for themselves, send such person or persons to the district hospital-home for the aged and infirm in lieu of the county home and shall pay the expense of maintenance in proportion to the population of the county. Sec. 14. That as soon after the first day of January of each year as may be practicable the board of trustees shall cause a report to be made of the hospital-home, which report shall show the number of inmates, the county admitting them, date of admission, age, condition of health, sex, color, educa¬ tional acquirements, diagnosis of disease if diseased, total number of inmates received during the year, average number cared for per month, names and disposition of those dismissed, pro rata cost of maintenance, the total amount of money expended, the total amount of money received from each countj, and such information as the State Board of Charities and Public Welfaie and the board of trustees of the district hospital-home may demand. It shall also show an inventory and appraisement of property, real and personal, and give a strict account of receipts from farm and expenditure thereon, and such other information as may be required to check up the institution from all viewpoints. Sec. 15. That a copy of the said report of the said board of U’ustees shall be furnished the county commissioners of the respective counties interested in and providing said district hospital-home. Sec. 16. That all acts or parts of acts not consistent with this act are hereby repealed. Sec. 17. That this act shall be in force from and after its i atitication. Ratified this the 6th day of March, A. D. 1923. 100 State Laws on Public Welfake [Chapter 189, Public Laws of 1921.] CONFEDERATE PENSIONS The General Assembly of North Carolina do enact: Section 1. State' Board of Pensi07is. The Governor, Attorney General, and Auditor shall be constituted a State Board of Pensions, which shall examine each application for a pension, and for this purpose it may take other testi¬ mony than that sent up by the county boards. Such applications as are approved by the State board shall be paid by the Treasurer, upon the warrant of the Auditor. Sec. 2. State hoard to yrese^'ihe rules. The State Board of Pensions is hereby empowered to prescribe rules and regulations for the more certainly carrying into effect this article according to its true intent and purpose. Sec. 3. The Auditor to transmit lists. The Auditor shall, as soon as the same is ascertained, transmit to the clerks of the Superior Court of the sev¬ eral counties a correct list of the pensioners, with their postofhces, as allowed by the State Board of Pensions. The Auditor may have printed, once in each year, but not oftener, a list of the pensioners on the pension roll. Sec. 4. County hoai'd of pensions. The clerk of the Superior Court, to¬ gether with three reputable ex-Confederate soldiers, or sons of ex-Confederate soldiers, to be appointed by the State Auditor, shall constitute a county board of pensions for their county. Sec. 5. Applicants to appear in person. All persons entitled to pensions under this article, not now drawing pensions, shall appear before the county board of pensions on or before the first Monday in July of each year, for examination and classification in compliance with the provisions of this article: Py'ovided, that all such as are unable to attend shall present a cer¬ tificate from a creditable physician, living and practicing medicine in the community in which the applicant resides, that the applicant is unable to attend. Sec. 6. Revision of lists. On the first Monday of July of each year the pension board of each county shall revise and purge the pension roll of the county, first giving written notice of ten days to the pensioner who is alleged not to be rightfully on the State pension roll, to show cause why his name should not be stricken from the pension list, and the board shall meet another day to consider the subject of purging the list. Sec. 7. Pensions for total blindness, loss of both hands, or loss of arm and leg. All ex-Confederate soldiers and sailors who have become totally blind since the war, or who have lost their sight, or both hands and feet, or one arm and one leg, in the Confederate service, shall receive from the public treasury one hundred and eighty dollars ($180) a year. Sec. 8. Lists to be cei'tificd to Governor. War'rants for jmyment. Clerks to make payments monthly. The clerk of the Superior Court shall, under his seal of office, certify to the Governor the name and the number of the soldiers examined in his county who are blind and maimed, or who have become paralyzed and are totally disabled by reason thereof; upon such certificate the Auditor, with the approval of the Governor, is authorized to issue his warrant to the Treasurer to pay the sum of one hundred and eighty dollars ($180) annually for each blind and maimed person, and each person para¬ lyzed and disabled by reason thereof, named in the certificate, and the clerk shall pay out such money monthly to the persons entitled to the same. Sec. 9. Persoris entitled to pensions. There shall be paid out of the Treas¬ ury of the State, on the warrant of the Auditor, to every person who has been for twelve months immediately preceding his application for pension a bona fide resident of the State, and who is incapacitated for manual labor. State Laws on Public Welfare 101 and was a soldier or a sailor in the service of the Confederate States of America, ^ring the War between the States, and to the widow of any deceased officer, soldier, or sailor who was in the service of the Confederate States of America during the War between the States, if such widow was married to such soldier or sailor before the first day of January, one thou¬ sand eight hundred and seventy-five, and if she has married again, is a widow at the date of her application, the following sums annually, according to the degree of disability ascertained by the following grades’ 1. To such as have received a wound which renders them totally incom¬ petent to perform manual labor in the ordinary vocations of life, and to all blind Confederate widows who are on the pension roil, one hundred dol¬ lars ($100). 2. To such as have lost a leg above the knee or an arm above the elbow ninety dollars ($90). 3. To such as have lost a foot or a leg below the knee, or a hand or an arm below the elbow, or have a leg or an arm utterly useless by reason of a wound or permanent injury, seventy dollars ($70). 4. To such as have lost an eye, and to the widows and all other soldiers who are now disabled from any cause to perform manual labor, sixty dol¬ lars ($60). Sec. 10. Persons excluded. No person shall be entitled to receive the ben¬ efits of this article— 1. Who is an inmate of the Soldiers’ Home at Raleigh. 2. Who is confined in an asylum or county home. 3. Who receives a pension from any other State or from the United States. 4. Who holds a National, State, or county office, which pays annually in salary or fees the sum of three hundred dollars ($300). 5. Who was a deserter, or the widow of such deserter; but no soldier who has been honorably discharged, or who was in service at the surrender shall be considered a deserter in the meaning of this section. 6. Who is receiving aid from the State under any act providing for the relief of soldiers who are blind or maimed. 7. Who owns in his own right, or in the right of his wife, property whose tax valuation exceeds two thousand dollars, or who, having owned property in excess of two thousand dollars ($2,000), has disposed of the same by gift or voluntary conveyance to his wife, child, next of kin, or to any other per¬ son since the eleventh day of March, one thousand eight hundred and eighty- five: Provided, that the county board of pensions may place upon the pen¬ sion roll, in the classes to which they would otherwise belong, any Confeder¬ ate soldier, sailor, or widow disqualified by the provisions of this section, who may appear to be unable to earn a living from property valued as much as two thousand dollars ($2,000) or more for taxation, and who may appear to the board from special circumstances worthy to be placed upon the pension roll. Sec. 11. Form of api)licati 07 i. The Auditor of the State shall provide a form of application (according to the terms of this article), and have the same printed and sent to the clerk of the Superior Court of the several coun¬ ties of the State for use of applicants. Sec. 12. Applications made in person. No soldier, officer, sailor, or widow shall be entitled to the benefits of this chapter except upon his or her own application, or, in case he or she is insane, upon the application of his or her guardian or receiver. Sec. 13. Applications from jmrsons not noic on rolls. Before any officer, soldier, or sailor, not now receiving a pension, shall receive any part of t e 102 State Laws on Public Welfare annual appropriation made for pensions he shall, on or before the first Monday in July of every year, file with the Superior Court clerk of the county wherein he resides an application for relief, setting forth in detail the company and regiment or battalion, in which he served at the time of receiving the wound; the time and place of receiving the wound; whether he is holding an office in the State, United States, or county, from which he is receiving the sum of three hundred dollars ($300) in fees or salary; whether he is worth in his own right or in the right of his wife, property at its assessed value for taxation to the amount of two thousand dollars ($2,000); whether he is receiving any aid from the State of North Carolina under any other statute providing for the relief of the maimed and blind soldiers of the State; and whether he is a citizen of the State of North Caro¬ lina. Such application shall be verified by the oath of the applicant made before any one empowered to administer oaths, and shall be accompanied by the affidavit of one or more creditable witnesses, stating that he or they verily believe the applicant to be the identical person named in the applica¬ tion, and that the facts stated in the application are true; and when the county board of pensions is satisfied with the justice of the claim made by the applicant they shall so certify the same to the Auditor of the State under their hands and the seal of the Superior Court of their county, which shall be impressed by the clerk of the Superior Court of the county; and there shall accompany the certificate so sent to the Auditor the application, affidavit, and proofs taken by them, which papers shall be kept on file in the Auditor’s office. Clerks of the Superior Court shall receive no fees whatso¬ ever for services herein required of them. Sec. 14. Time fo?' forwarding certificate. It shall be the duty of the clerk of the Superior Court of the county where the application is filed to forward to the Auditor of the State, immediately after the certificate required by the next preceding section is made and before the first Monday in August in each year, the application and proofs and certificates, and upon the State Board of Pensions being satisfied of the truth and genuineness of the appli¬ cation, the Auditor shall issue his warrant on the State Treasurer for the same. Sec. 15. Suhsequent ce7’tificates. After an application has once been passed upon and allowed by the county and State boards, it shall be neces¬ sary only for the applicant to file with the Auditor of State a certificate from the clerk of the Superior Court of the county in which the application was originally filed, setting forth that the applicant is the identical person named in the original application which is on file in the Auditor’s office, and that the applicant is alive, but still disabled, and a citizen of this State, and still entitled to the benefits of this article, which certificate may be passed upon by the State board, upon suggestions of fraud, before the Auditor draws his warrant upon such certificate. Sec. 16. Pensioyis in advance. Dates of imyment. Pensions' are payable in advance, and the State Auditor shall transmit to the clerks of the Superior Courts of the various counties warrants for pensioners for one-half of the yearly pensions between the first and fifteenth of December, and for one-half of the yearly pensions between the first and fifteenth of June of each year. It shall be the duty of the clerk of the Superior Court to acknowledge to the Auditor the receipt of such warrants by the next mail after their receipt, to deliver or mail forthwith to each pensioner in his county his warrant, and to post in the courthouse a list of the pensioners to whom he has mailed or delivered warrants. Sec. 17. Wai'rants payable to pe^isioner or order. Indorsement. The Aud¬ itor shall issue his warrant payable to the pensioner, or order, and such warrant shall not be paid by the Treasurer without the indorsement of the SiAiE Laws ox Lfblic AVelfare 103 payee or his duly appointed attorney in fact, especially authorized to make such indoi seinent, and if such indorsement is made by the payee, it shall be attested by the official signature of the clerk of the Superior Court or some justice of the peace or notary public of the county in which such payee resides, and if such indorsement is made by the attorney in fact of the payee a copy of the power of attorney, duly attested by the clerk of the Superior Court or a justice of the peace or notary public of the county in which the payee resides, shall be attached to the warrant. Sec. 18. Payment to widow. Whenever a Confederate pensioner who is now on the pension list shall die after the fifteenth of September, or after the fifteenth of April, and before the December or June pension check is delivered to him or her, it shall be lawful for the clerk of the Superior Court of the county in which such pensioner lived to deliver and pay the next pen¬ sion check due in December or June, as the case may be, to the widow or next of kin of such pensioner, and the indorsement of the widow or next of kin shall be a valid indorsement on such pension clerk. Sec. 19. Pensions continued to loidows. All pensions due to Confederate soldiers shall be paid to their widows for a period of one year after the death of any such pensioner: Provided, that the amount paid shall not exceed a widow’s pension as prescribed by law. Sec. 20. State Auditor to apioortion appropriations. The State Auditor is authorized, empowered, and directed to apportion, distribute, and divide the money appropriated by the State for pensions, and to issue warrants to the several pensioners pro rata in their respective grades, so that the entire annual appropriation shall be paid each year to the pensioners, notwithstand¬ ing the amounts so paid may be in excess of the amounts fixed by this article for the several grades: Provided, that the total appropriation for this pur¬ pose shall not exceed the amount appropriated by law: Provided further. that hereafter all moneys provided or appropriated in any one year for the ex-Confederate soldiers, sailors, or widows, not paid out to them in any one year, shall revert to the pension fund of the State, and shall be paid out to them in the next year in the class to which they belong. Sec. 21. Bicrease hy counties authorized. The county commissioners of each county in the State are authorized and empowered, if in their discretion such levy is deemed advisable, to levy for each year, at the same time and in the same manner as the levy of other county taxes, a special tax not exceed¬ ing two cents on the hundred dollars valuation of property and six cents on each taxable pool, the constitutional equation between the property and poll being observed each year, for the purpose of increasing the pensions of Con¬ federate soldiers and widows. Such taxes shall be collected and accounted for by the sheriff or other tax collector in the same manner and under the same penalties as other, taxes levied for the county, and the net proceeds thereof shall be applied each year to increase pro rata the pensions of such persons as stand upon the Confederate pension roll of the county'for the year in which the tax is levied. The amount collected under this section shall be disbursed by the county commissioners pro rata to the various pensioners in such county as show n by the State pension list for that county. Sec. 22. Failure to discharge duties misdemeanor. Any officer or other person who shall neglect or refuse to discharge the duties imposed upon him by this article shall be guilty of a misdemeanor, and upon conviction thereof in the Superior Court shall be fined or imprisoned at the discretion of the court. Sec. 23. Speculation in pension warrants misdemeanor. Any person who shall speculate or purchase for a less sum than that to which each may be 104 State Laws on Public Welfake entitled the claims of any soldier or sailor or widow of a deceased soldier or sailor, allowed under the provisions of this article, shall be guilty of a mis¬ demeanor, and upon conviction shall be fined or imprisoned, or both, in the discretion of the court. Sec. 24. Payment of l)U7'ial exjyenses. Whenever in any county of this State a Confederate pensioner on the pension roll of the county or the w'idow of a Confederate soldier shall die, it shall be the duty of the board of com¬ missioners of such county, upon the certificate of such fact by the clerk of the Superior Court and recommendation of the chairman of the pension board of the county, to order the payment out of the general fund of the county of a sum not exceeding thirty dollars ($30), to be applied toward defraying of the burial expenses of such deceased pensioner or widow. Sec. 25. Peddlers' licenses. All ex-Confederate soldiers who are without means of support other than their manual labor, and who are incapacitated to perform manual labor for any reason other than by their vicious habits, and now citizens of this State, shall be allowed to peddle drugs, goods, wares, and merchandise i^i any of the counties of this State without a license there¬ for. Before any soldier shall be entitled to the benefits of this chapter he shall make application to the county board of pensions of the county of which he is a resident, and show to the satisfaction of the county board of pensions that he is entitled to the same by having served in the Confederate army or navy during the War between the States, and that he is incapacitated to perform manual labor, and does not own property the tax valuation of which exceeds the sum of two thousand dollars ($2,000) in his own name or in the name of his wife, deeded to her by him since the first day of March, one thousand nine hundred and two. Sec. 26. This act shall be in force from and after its ratification. Ratified this the 8th day of March, A. D. 1921. COXFEDERATE WOMAX's HOME To the Confederate Woman’s Home are admitted “deserving wives and widows of North Carolina Confederate soldiers and other worthy dependent women of the Confederacy who are l)ona fide residents of this State,” under such regulations as the board of directors may adopt. (See C. S., 5134-5140.) Soldiers’ Home To the Soldiers’ Home are admitted “such deserving, needy Confederate soldiers as shall have served in any North Carolina command in the late war, or who shall have served in the Confederate army and shall be a lyona fide citizen of the State,” under regulations adopted by the board of directors. (See C. S., 5127-5133.) LAAVS RELATING TO MORALS AND VENEREAL DISEASE Sex Offenses C. S. 4337. Incest between certain near relatives. In all cases of car¬ nal intercourse between grandparent and grandchild, parent and child, and brother and sister of the half or whole blood, the parties shall be guilty of a felony, and shall be punished for every such offense by imprisonment in the State’s Prison for a term not exceeding fifteen years, in the discretion of the court. C. S. 4339. Seduction. If any man shall seduce an innocent and virtu¬ ous woman under promise of marriage, he shall be guilty of a felony, and upon conviction shall be fined or imprisoned at the discretion of the court. 105 State Laws ok Public Welfare and may be imprisoned in the State’s Prison not exceeding the term of five years. Provided, the unsupported testimony of the woman shall not be suffi¬ cient to convict: Provided further, that marriage between the parties shall be a bar to further prosecution hereunder. But when such marriage is relied upon by the defendant, it shall operate as to the costs of the case as a plea of nolo eontendere, and the defendant shall be required to pay all the costs of the action or be liable to imprisonment for nonpayment of the same. C. S. 43 40. Miscegenation. All marriages between a white person and a negro, or between a white person and a person of negro descent to the third generation inclusive, are forever prohibited, and shall be void Any person violating this section shall be guilty of an infamous crime, and shall be punished by imprisonment in the county jail or State’s Prison for not less than four months nor more than ten years, and may also be fined, in the discretion of the court. C. S. 4341. Issuing license for marriage between white person and negro; performing marriage ceremony. If any register of deeds shall knowingly issue any license for marriage between any person of color and a white person; or if any clergyman, minister of the gospel or justice of the peace shall knowingly marry any such person of color to a white person, the person so offending shall be guilty of a misdemeanor. C. S. 43 42. Bigamy. If any person, being married, shall marry any other person during the life of the former husband or wife, every such offender, and every person counseling, aiding or abetting such offender, shall be guilty of a felony, and shall be imprisoned in the State’s Prison or county jail for any term not less than four months nor more than ten years. Any such offense may be dealt with, tried, determined and punished in the county where the offender shall be apprehended, or be in custody, as if the offense had been actually committed in that county. If any person, being married, shall contract a marriage with any other person outside of this State, which marriage would be punishable as bigamous if contracted within this State, and shall thereafter cohabit with such person in this State, he shall be guilty of a felony and shall be punished as in cases of bigamy. Nothing contained in this section shall extend to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to have been living within that time; nor to any person who at the time of such second marriage shall have been lawfully divorced from the bond of the first marriage; nor to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction. C. S. 4343.. Foniicatioii and adultery. If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a misdemeanor: Provided, that the admissions or confessions of one shall not be received in evidence against the other, C. S. 4344. Inducing female persons to enter hotels or boarding-houses for immoral purposes. Any person who shall knowingly peisuade, induce or entice, or cause to be persuaded, induced or enticed, any woman oi giil to enter a hotel, public inn or boarding-house for the purpose of prostitution or debauchery or for any other immoral purpose, shall be deemed guilt> of a misdemeanor, and, upon conviction, shall be punished in the discretion of the court. 106 State Laws on Public Welfare C. S. 43 45. Opposite sexes occupying^ same bedroom at hotel for im¬ moral purposes; falsely registering as husband and wife. Any man and woman found occupying the same bedroom in any hotel, public inn or ])oarding-house for any immoral purpose, or any man and woman falsely registering as, or otherwise representing themselves to be, husband and wife in any hotel, public inn or boarding-house, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished in the discretion of the court. C. S. 4348. Obscene literature, indecent exposure, and lewd dances. If any person shall exhibit for the purpose of gain, lend for hire or otherwise publish or sell for the purpose of gain, or exhibit in any school, college or other institution of learning, or have in his possession for the purpose of sale or distribution, any obscene book, paper, writing, print, drawing or other representation; or if any person shall post any indecent placards, writ¬ ings, pictures or drawings on walls, fences, billboards or other places; or if any person shall make any public exposure of the person or other indecent exhibition, or take part in any immoral show, exhibit or performance, where indecent, immoral or lewd dances or plays are conducted, in any booth, tent, room or other place to which the public is invited; or if any one shall permit such exhibitions or immoral performances to be conducted in any tent, booth, or other place owned or controlled by him, he shall be guilty of a misde¬ meanor. C. S. 43 53. Lewd women within three miles of colleges and boarding- schools. If any loose woman or woman of ill-fame shall commit any act of lewdness with or in the presence of any student, who is under twenty-one years old, of any boarding-school or college, within three miles of such school or college, she shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days. Upon the trial of any such case students may be competent but not com¬ pellable to give evidence. No prosecution shall be had under this section after the lapse of six months. Prostitution C. S. 4357. Defliiitioii of teniis. The term “prostitution” shall be con¬ strued to include the offering or receiving of the body for sexual intercourse for hire, and shall also be construed to include the offering or receiving of the body for indiscriminate sexual intercourse without hire. The term “assignation” shall be construed to include the making of any appointment or engagement for prostitution or any act in furtherance of such appointment or engagement. C. S. 43 58. Prostitution and various acts abetting prostitution unla^v- ful. It shall be unlawful: 1. To keep, set up, maintain, or operate any place, structure, building or conveyance for the purpose of prostitution or assignation. 2. To occupy any place, structure, building, or conveyance for the purpose of prostitution or assignation; or for any person to permit any place, struc¬ ture, building or conveyance owned by him or under his control to be used for the purpose of prostitution or assignation, with knowledge or reasonable cause to know that the same is, or is to be, used for such purpose. 3. To receive, or to offer or agree to receive any person into any place, structure, building, or conveyance for the purpose of prostitution or assigna¬ tion, or to permit any person to remain there for such purpose. Statp: Laws on Public Wpilfabe 107 4. To direct, take, or transport, or to offer or agree to take or transport any person to any place, structure, or building or to any other person, with knowledge or reasonable cause to know that the purpose of such directing taking, or transporting is prostitution or assignation. 5. To procure, or to solicit, or to offer to procure or solicit for the purpose of prostitution or assignation. 6. To 1 eside in, enter, oi leinain in any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution or assignation. 7. To engage in piostitution or assignation, or to aid or abet prostitution or assignation by any means whatsoever. C. S. 43 59. Prosecution; in what courts. Prosecutions for the viola¬ tion of any of the provisions of this article shall be tried in the courts of this State wherein misdemeanors are triable except those courts the jurisdiction of which is so limited by the Constitution of this State that such jurisdic¬ tion cannot by statute be extended to include criminal actions of the charac¬ ter herein described. C. S. 43 60. Kcsputation and prior conviction admissible as evidence. In the trial of any person charged with a violation of any of the provisions of this article, testimony of a prior conviction, or testimony concerning the reputation of any place, structure, or building, and of the person or persons who reside in or frequent the same, and of the defendant, shall be admissible in evidence in support of the charge. C. S. 4361. Degrees of guilt. Any person who shall be found to have committed two or more violations of any of the provisions of section 4358 of this article within a period of one year next preceding the date named in an indictment, information, or charge of violating any of the provisions of such section, shall be deemed guilty in the first degree. Any person who shall be found to have committed a single violation of any of the provisions of such section shall be deemed guilty in the second degree. C. S. 4362. Punishment; probation; parole. Any person who shall be deemed guilty in the first degree, as set forth in the preceding section, shall be subject to imprisonment in, or commitment to, any penal or reformatory institution in this State for not less than one nor more than three years. In case of a commitment to a reformatory institution the commitment shall be made for an indeterminate period of time of not less than one nor more than three years in duration, and the board of managers or directors of the reformatory institution shall have authority to discharge or to place on parole any person so committed after the service of the minimum teim, oi any part thereof, and to require the return to the said institution for the balance of the maximum term of any person who shall violate the terms oi conditions of the parole. Any person who shall be deemed guilty in the second degree, as set forth in the preceding section, shall be subject to imprisonment for not more than one year. The sentence imposed, or any part thereof, may be suspended, oi the defendant may be placed on probation in the care of a probation officer designated by law or theretofore appointed by the court, upon the lecom- mendation of five responsible citizens. Probation or parole shall be granted or ordered in the Infected with venereal disease only on such terms and conditions 108 State Laws on Public Welfake insure medical treatment therefor and prevent the spread thereof, and the court may order any convicted defendant to be examined for venereal disease. No girl or woman who shall be convicted under this article shall be placed on probation or on parole in the care or charge of any person except a woman probation officer, [Chapter 129, Laws 1921.] AN ACT REGULATING ISSUANCES OF LICENSES TO MARRY AND PRO¬ VIDING FOR THE PHYSICAL EXAMINATION OF APPLICANTS. Section 1. No license to marry shall be issued by the register of deeds of any county to a male applicant therefor except upon the presentation by the said male applicant of a certificate executed within seven days from the time of the presentation of said certificate to the register of deeds as hereinafter provided, showing the nonexistence of any venereal disease, the nonexistence of tuberculosis in the infectious stages, and that the applicant has not been adjudged by a court of competent jurisdiction an idiot, imbecile, or of unsound mind. No license shall be issued to any female applicant who shall not pre¬ sent a certificate showing the nonexistence of tuberculosis in the infectious stages, and that she has not been adjudged by a court of competent jurisdic¬ tion to be of unsound mind. Sec. 2, Such certificate to be executed by any reputable physician licensed to practice medicine and surgery in the State, and who shall reside within the county in which said license to marry shall be applied for by certificate of the county health officer of such county, whose duty it shall be to examine such applicants and issue such certificates without charge. Sec. 3. Any register of deeds who issues a license to marry without the presentation of the certificate hereinabove provided for, or contrary to the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than two hundred dollars, or imprisoned for thirty days in the discretion of the court. Sec. 4, Provided further, that any physician who shall knowingly and willfully make any false statement in the certificate hereinabove provided for shall be guilty of a misdemeanor, and upon conviction shall be fined not less than two hundred dollars, or imprisoned for not more than six months. [Chapter 212, Laws 1921.] AN ACT MAKING THE EXHIBITION OF SACRILEGIOUS, OBSCENE, OR IMMORAL PICTURES, OR THE POSTING OP ADVERTISEMENTS FOR THE SAME, AND THEATRICAL EXHIBITIONS A CRIME. That if any person, firm or corporation shall, for the purpose of gain or otherwise, exhibit any obscene or immoral motion pictures; or if any person, firm, or corporation shall post any obscene or immoral placard, writings, pictures, or drawings on walls, fences, billboards, or other places advertising theatrical exhibitions or moving-picture exhibitions or shows; or if any per¬ son, firm, or corporation shall permit such obscene or immoral exhibitions to be conducted in any tent, booth, or other place or building owned or controlled by said person, firm, or corporation, the person, firm, or corporation perform¬ ing either one or all of the said acts shall be guilty of a misdemeanor, and punishable in the discretion of the court. That for the purpose of enforcing this statute any spectator at the exhibition of an obscene or immoral moving picture may make the necessary affidavit upon which the warrant for said offense is issued. State Laws ox Public ^^elfare 109 [Chapter 21d, Laws of 1919, as Amended by Chapter 101, Laws 1921.] AX ACT FOR THE REPRESSIOX" OF PROSTITUTIOX' ^ passage of this act it shall be imlaw- (a) To keep, set up, maintain, or operate any place, structure, building or convej'Unce for the purpose of prostitution or assignation j (&) To recei\e or to offer to agree to receive any person into any place of prostitution or assignation or for any person to permit any place structure building, or conveyance owned by him or under his control to be used for the purpose of prostitution or assignation, with knowledge or reasonable cause to know that the same is, or is to be, used for such purpose; (c) To receive or to offer to agree to receive any person into any place, structure, building or conveyance for the purpose of prostitution or assigna¬ tion or to permit any person to remain there for such purpose; (d) To direct, take or transport, or to offer or agree to take or transport any person to any place, structure, or building or to any other person with knowledge or reasonable cause to know that the purpose of such directing, taking or transporting is prostitution or assignation; (e) To procure or to solicit or to offer to procure or solicit for the purpose of prostitution or assignation; if ) To reside in, enter or remain in any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution or assigna¬ tion; (g) To engage in prostitution or assignation, or to aid or abet prostitution or assignation by any means whatsoever. Sec. 2. That the term “prostitution” shall be construed to include the offering or receiving of the body for sexual intercourse for hire, and shall also be construed to include the offering or receiving of the body for indis¬ criminate sexual intercourse without hire. That the term “assignation” shall be construed to include the making of any appointment or engagement for prostitution or any act in furtherance of such appointment or engagement. Sec. 3. That in the trial of any person charged with a violation of any of the provisions of section one of this act, testimony of a prior conviction, or testimony concerning the reputation of any place, structure or building, and of the person or persons who reside in or frequent the same and of the defend¬ ant shall be admissible in evidence in support of the charge. Sec. 4. That any person who shall be found to have committed two or more violations of any of the provisions of section one of this act within a period of one year next preceding the date named in an indictment, informa¬ tion or charge of violating any of the provisions of section one of this act shall be deemed guilty in the first degree. That any person who shall be found to have committed a single violation of any of the provisions of this act shall be deemed guilty in the second degree. Sec. 5. “(a) That any person who shall be deemed guilty in the first degree, as set forth in section four, shall be guilty of a misdemeanor, and may be fined or imprisoned in the discretion of the court, or may be committed to any penal or reformatory institution in this State; Provided, that in case of a commitment to a reformatory institution, the commitment shall be made for an indeterminate period of time of not less than one nor more than three years in duration, and the board of managers or directors of the reformatory institution shall have authority to discharge or place on parole any person so committed after the service of the minimum term or any part thereof, and to require the return to the said institution for the balance of the maximum term of any person who violates the terms or conditions of the parole. 110 State Laavs on Public Welfake (&) That any person who shall be deemed guilty in the second degree, as set forth in section four, shall be guilty of a misdemeanor, and shall be fined or imprisoned at the discretion of the court: Provided, that the defendant may be placed on probation in the care of a probation officer designated by law, or theretofore appointed by the court. (c) That probation or parole shall be granted or ordered in the case of a person infected with venereal disease only on such terms and conditions as shall insure medical treatment therefor and prevent the spread thereof, and the court may order any convicted defendant to be examined for venereal disease. {d) That no girl or woman who shall be convicted under this act shall be placed on probation or on parole in the care or charge of any person except a woman probation officer.” Sec. 6. That prosecutions for the iTolation of any of the provisions of section one of this act shall be tried in the courts of this State wherein mis¬ demeanors (offenses) are triable except as to such courts the jurisdiction of which is so limited by the Constitution of this State as that the said jurisdic¬ tion cannot by statute be extended to include criminal actions of the character herein described. Sec. 7. That the declaration by the courts of any of the provisions of this act as being in violation of the Constitution of this State shall not invalidate the remaining provisions. [Chapter 111, Law.s 1921.] AN ACT TO PROTECT HOTELS AND LODGING-HOUSE KEEPERS AGAINST IMMORAL PRACTICES OP GUESTS That no person shall write, or cause to be written, or if in charge of a register knowingly permit to be written, in any register in any lodging-house or hotel any other or different name or designation than the true name or names in ordinary use of the person registering or causing himself to be registered therein. That any person occupying any room or rooms in any lodging-house or hotel shall register or cause himself to be registered where registration is required by such lodging-house or hotel. That any person registering or causing himself to be registered at any lodging-house or hotel shall write, or cause to be written, in the register of such lodging-house or hotel the correct address of the person registering, or causing himself to be registered. Any person violating any provision of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding two hundred dollars ($200). That this act shall not apply to any peace officer of this State who shall privately give his true name to the clerh or pro¬ prietor of such hotel or lodging-house. Venekeal Disb:ase C. S. 7191. Venereal infection. That syphilis, gonorrhea, and chan¬ croid, hereinafter designated as venereal diseases, are hereby declared to be contagious, infectious, communicable, and dangerous to the public health. It shall be unlawful for any one infected with these diseases or any of them to expose another person to infection. C. S. 7192. Reporting cases. Any physician or other person who makes a diagnosis in or treats a case of venereal disease, and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is a case of venereal disease, shall make a report of such case to the health authorities according to such form and manner as the North Carolina State Board of Health shall direct. State Laws on Public AYelfare 111 C. S. 719 3. Investigations and examinations. State, county, and mu¬ nicipal health officers, or their authorized deputies, within their respective jurisdictions, are hereby directed and empowered, when in their judgment it is necessary to protect the public health, to make examinations of persons reasonably suspected of being infected with venereal disease, and to detain such persons until the results of such examinations are known; to require persons infected with venereal disease to report for treatment to a reputable physician and continue treatment until cured or to submit to treatment pro¬ vided at public expense until cured, and also, when in their judgment it is necessary to protect the public health, to isolate or quarantine persons infected with venereal disease. It shall be the duty of all local and State health officers to investigate sources of infection of venereal disease, to cooperate with the proper officials whose duty it is to enforce laws directed against prostitution, and otherwise to use every proper means for the repression of prostitution. C. S. 719 4. Prisoners treated. All persons who shall be confined or imprisoned in any State, county, or city prison in the State shall be examined for and, if infected, treated for venereal diseases by the health authorities or their deputies. The prison authorities of any State, county, or city prison are directed to make available to the health authorities such portion of any State, county, or city prison as may be necessary for a clinic or hospital wherein all persons who may be confined or imprisoned in any such prison and who are infected with venereal disease, and all such persons who are suffering with venereal disease at the time of the expiration of their terms of imprisonment, and, in case no other suitable place for isolation or quarantine is available, such other persons as may be isolated or quarantined under the provisions of section 7193, shall be isolated and treated at public expense until cured, or, in lieu of such isolation any of such persons may, in the discretion of the North Carolina State Board of Health, be required to report for treatment to a licensed physician, or submit to treatment provided at public expense as provided in section 7193. Nothing herein contained shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of crime. C. S. 719 5. Board of Health may make rules. The North Carolina State Board of Health is hereby empowered and directed to make such rules and regulations as shall in its judgment be necessary for the carrying out of the provisions of this act, including rules and regulations providing for the control and treatment of persons isolated or quarantined under the pi oyi- sions of section 7193, and such other rules and regulations, not in conflict with provisions of this act, concerning the control of venereal diseases, and concerning the care, treatment, and quarantine of persons infected theiewith, as it may from time to time deem advisable. All such i ules and regulations so made shall be of force and binding upon all county and municipal health officers and other persons affected by this act, and shall have the force and effect of law. C. S. 719 6. Expenses authorized. The North Carolina State Boaid of Health, through its officers, are hereby empowered and such expenses in the examination, detention, quarantine and tieatment o persons suspected of having, or having had venereal disease, as in then judgment is necessary. C S 719 7 Payment of expenses. The North Carolina State Board of Health shall subm'it to the county commissioners suspected persons suspected of having, or having had venereal diseases, are suspet 112 State Laws on Public Welfare of having spread the disease, an itemized statement of expenses incurred in the examination, detention, quarantine, or treatment of such persons, and the county commissioners shall, within thirt}" days after the receipt of such statement of expenses, pay to the treasurer of the North Carolina State Board of Health a sum equal to that expended. C. S. 7198. Violation a misclemeanor. Any person who shall violate any of the provisions of this act or any lawful rule or regulation made by the North Carolina State Board of Health pursuant to the authority herein granted, or who shall fail or refuse to obey any lawful order issued by any State, county, or municipal health officer, pursuant to the authority granted in this act, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five ($25) dollars, nor more than fifty ($50) dollars, or by imprisonment for not more than thirty days. C. S. 7199. Treatment except by physician unlawful. That it shall be unlawful for any person except a regularly licensed physician to prescribe or give away any medicine for the treatment of any person afflicted with any venereal disease. C. S. 7200. Reports by clmggists. That any druggist or other person who sells at retail any patented, proprietary, or trade-mark remedy or alleged remedy advertised or recommended or sold for or used in the treat¬ ment of venereal diseases (gonorrhea, syphilis, or chancroid) or lost man¬ hood, impotency, or sterility, or medicinal preparations containing the oils of cubebs, copaiba, sandalwood, or the oils themselves, iodides of mercury, or preparations compounded for urethral injections, shall report weekly, on forms and in accordance with instructions supplied by the North Carolina State Board of Health, the sale of such remedies, or alleged remedies, to the Bureau of Venereal Diseases of the North Carolina State Board of Health. C. S. 7201. Obtaining prescription under false pretenses a misde¬ meanor. Any person who in obtaining a prescription from a physician under section 7199 of this act, or in obtaining drugs or remedies mentioned in section 7200 of this act, gives a false or assumed name or address, shall be guilty of a misdemeanor and subject to the penalties imposed in section 7206 of this act. C. S. 7202. Quarantine officers may appoint physicians as agents to issue prescriptions. For the convenience of the public, a quarantine offi¬ cer, either municipal or county, shall appoint, on the official request of the North Carolina State Board of Health, from the regularly registered physi¬ cians of the county, one or more agents to issue prescriptions for drugs or remedies necessary for treatment of such diseases. C. S. 7203. Fees of quarantine officer and agents. A quarantine oflficer or agent of a quarantine officer who issues a prescription for any such drug, remedy, or alleged remedy, and who instructs a person infected with venereal disease as required by the State laws and reports by number but without identification as now prescribed for reports by physicians for such diseases to the North Carolina State Board of Health shall be entitled to a fee of fifty cents, twenty-five cents of which shall be paid by the Bureau of Venereal Diseases of the North Carolina State Board of Health and twenty- five cents of which shall be paid by the county commissioners of the county in which the quarantine officer has jurisdiction on a certification of the 113 State Laws on Public Welfake Bureau of Venereal Diseases of the North Carolina State Board of Health of the number of prescriptions issued by the quarantine officer or the quarantine officer’s agent: Provided, hoioever, that the municipal authorities shall pay the above amount for prescriptions issued by a municipal quarantine officer or his agent, and Pi ovided fuitJiei, that a quarantine officer shall not be entitled to any pay from either county or city for issuing prescriptions to persons who pay the quarantine officer in part or in full for the issuance of prescriptions; and Provided further, that several prescriptions issued on a single visit of the infected person to the quarantine officer shall entitle the said officer to not more than the fee for a single prescription. C. S. 7204. Druggists to keep records of prescriptions. Any and all prescriptions for venereal diseases (gonorrhea, syphilis, or chancroid) or impotency, sterility, or lost manhood, or prescriptions containing the drugs, remedies, or alleged remedies mentioned in section 7200 of this act, shall be kept by a druggist on a separate file and shall be subject at any reasonable hour to inspection by an officer of the North Carolina State Board of Health. C. S. 720 5. Purchaser of remedies may be examined. The State health officer or his deputy or agent may require any purchaser of remedies or alleged remedies designated in section 7200 of this act and who may be reasonably supposed to be infected with a venereal disease, to appear before a regularly licensed physician, quarantine officer or agent, for examination for the said disease. C. S. 720 6 . Violation a misdemeanor. Any person violating any of the provisions of this act shall be guilty of a misdemeanor and shall be fined not less than ten dollars nor more than fifty dollars, or imprisoned for not exceeding thirty days. Drugs and Narcotics Regulated C. S. 6 672. Narcotics and other drugs regulated. That it shall be un¬ lawful for any person, firm, or corporation to sell, furnish, or give away any cocaine, alpha or beta eucaine, novocaine, opium, morphine, heroin, codine, or any salt or compound of any of the foregoing substances, or any prepara¬ tion or compound containing any of the foregoing substances, or their salts or compounds, in greater quantity than is prescribed in the United States Pharmacopoeia, except upon the original written order or prescription of a lawfully licensed practitioner of medicine, dentistry, or veterinary medicine, which order or prescription shall be dated, and shall contain the name of the person for whom prescribed, or, if ordered by a i)ractitioner of vetei inary medicine, shall state the kind of animal for which ordered, and shall be signed by the person giving the order or prescription; and in no case shall any person, firm, or corporation fill any prescription oi Older for cocaine, alpha or beta eucaine, novocaine, opium, morphine, heroin, codine, oi any salt or compound of any of the foregoing substances, oi any piepaiation oi compound containing any of the foregoing substances, or theii salts or pounds, in flake or crystals, but only in a solution, oi ointment, w ic i sia not contain over four per cent of the above named substances, oi* any them and no such order or prescription shall be for a greater quantUy than on ounce of any such solution or ointment sold and bottles. Such written order or prescription shall be ,, file by the person, firm, or corporation who shall j 3 . article ordered or prescribed, and it shall not be again pensed, except upon the written order of the original prestiiber for each an 8 114 State Laws on Public Welfare every subsequent compounding or dispensing. No copy or duplicate of such written order or prescription shall be made or delivered to any person, but the original shall at all times be open to inspection by the prescriber, and properly authorized officers of the law: Provided, hoivever, that the above provisions shall not apply to prescriptions containing opium, or its deriva¬ tives, and recommended and sold in good faith for diarrhea, cholera, or coughs, each bottle or package of which is accompanied by specific directions for use, and a caution against habitual use; nor to the compound powder of ipecac and opium, commonly known as “Dover’s Powders”; and Provided further, that the above provisions shall not apply to sales at wholesale by jobbers, wholesalers, and manufacturers to retail druggists or qualified physi¬ cians, or to each other, nor to sales at retail by retail druggists to regular practitioners of medicine, dentistry, or veterinary medicine, nor to sales made to manufacturers of proprietary or pharmaceutical preparations, for use in the manufacture of such preparations, nor to sales to hospitals, col¬ leges, or scientific institutions. C, S. 6 673. Limitations on sales of certain drugs. That it shall be un¬ lawful for any person, firm, or corporation to sell, furnish, or dispense to any regular practitioner of medicine, dentist, or veterinary medicine more than one dram of cocaine, alpha or beta eucaine, novocaine, or any salt or com¬ pound of any of the foregoing substances, or their salts or compounds, at one time; or more than one-half ounce of opium, morphine, heroin, codine, or any salt or compound of any of the said substances, or their salts or com¬ pounds, at one time. C. S. 6674. Limitations on possession of diaigs by druggists. That it shall be unlawful for any person, firm, or corporation doing a retail drug business, to have more than one ounce of cocaine, alpha or beta eucaine, novo¬ caine, or any salt or compound of any of the foregoing substances or their salts or compounds, or more than one and one-half ounces of opium, mor¬ phine, heroin, codine, or any salt or compound of any of them, or their salts or compounds, in his or its possession at any one time. C. S. 6 675. Limitations on possession of drugs by practitioners. That it shall be unlawful for any practitioner of medicine, dentist, or veterinarian, to have or keep in his possession at any time more than one dram of cocaine, alpha or beta eucaine, novocaine, or any salt or compound of any of the foregoing substances, or their salts or compounds, or more than one-half ounce of opium, morphine, heroin, codine, or any salt or compound of any of them, or their salts or compounds, and each practitioner of medicine, den¬ tist, and veterinarian shall keep a complete record of all purchases, the date and amount of each purchase, and the name of the person or party from whom each purchase was made, and a complete record of any disposition of said drugs, or any of them, and said record shall be open at all times to the inspection of the legally authorized officers of the law. C. S. 6676. Evidence of illegal sale. That it shall be presumptive evi¬ dence of an illegal sale if the amount shown by the amount on hand, plus the amount legally dispensed with, does not tally with the amount shown to have been purchased by the retail druggist, practitioner of medicine, dentist, or veterinarian. C. S. 6677. Prescription of certain drugs regulated. That it shall be unlawful for any practitioner of medicine, dentist, or veterinary medicine to furnish to or prescribe for the use of any habitual user of the same any cocaine, alpha or beta eucaine, novocaine, opium, morphine, heroin, codine. State Laws on Public Welfare 115 or any salt or compound of any of the foregoing substances, or their salts or compounds, and it shall also be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment, in the regular practice of his profession, or for any practitioner of medicine to prescribe any of the foregoing substances for the use of any human being. Pi oviclecl, however, that the proyisions of this section shall not be construed to preyent any lawfully authorized practitioner of medicine from furnishing or prescribing in good faith for the use of any habitual user of narcotic drugs, who is under his professional care, such substances as he may deem necessary for his treatment, when such prescriptions are not giyen or substances furnished for the purpose of eyading the proyisions of this act. C. S. 6678. Limitations on sale of drugs by wholesalers. That it shall be unlawful for any jobber, wholesaler, or manufacturer to sell or furnish to any retail druggist cocaine, alpha or beta eucaine, noyocaine, or any salt or compound of any of the foregoing substances, or their salts or compounds, in greater quantity than one ounce, at one time, or to likewise sell or furnish opium, morphine, heroin, codine, or any salt or compound of any of them, or their salts or compounds, in greater quantity than one and one-half ounces at one time; and it shall be unlawful for any jobber, wholesaler, or manufac¬ turer to sell or furnish to any practitioner of medicine, dentistry, or yeteri- nary medicine, cocaine, alpha or beta eucaine, noyocaine, or any salt or compound of any of the foregoing substances, or their salts or compounds, in greater quantity than one dram, at one time, or to likewise sell or furnish opium, morphine, heroin, codine, or any salt or compound of any of them, or their salts or compounds, in greater quantity than one-half ounce at one time; and that eyery package sold or furnished by any jobber, wholesaler, or manu¬ facturer shall bear a serial number, stamped upon the outside wrapper or cover; and that all jobbers, wholesalers, and manufacturers shall keep a com¬ plete record of every sale made by them, showing the name of the buyer, his place of business, the date of the sale, the kind of drug sold, and if a salt or compound, the percentage of any substance therein enumerated, the amount sold, the serial number of each package, and the name of the clerk or em¬ ployer by whom each order was filled, and these records shall be open at all times to the inspection of the legally authorized officers of the law. C. S. 6679. Possession of certain clmgs forbidden. That it shall be un¬ lawful for any person, firm, or corporation, other than those enumerated in this act, and also those into whose hands possession may come, in enforcing or attempting to enforce the provisions of this act, to have in his or their possession any cocaine, alpha or beta eucaine, noyocaine, opium, morphine, heroin, codine, or any salt or compound of the foregoing substances, or their salts or compounds. C. S. 6680. Securing evidence. That upon affidavit being made that there is reason to believe that the provisions of this act are being \iolated at any place, or by any person, those officers or persons authorized to issue pro¬ cess in cases provided in section three thousand seven hundred and twenty- one of the Revisal of one thousand nine hundred and five, and the amend¬ ments thereof, may and are hereby authorized to issue to any lawful officer of the city or county where such place or person may be a subpoena capias ad testificandum, or summons in writing, commanding any person who may have information concerning such violation of the law to appear and give evidence upon oath concerning the same. C S. 6681. Testimony enforced. That no person shall he excused from testifying in any prosecution for violating this act; or at any investiga- 116 State Laws on Public Welfake tion concerning the violating of any law prohibiting the sale, dispensing, or possession of any of the substances, mixtures, or compounds enumerated in this act, or any other law of the State concerning the same; but no discovery made by such person shall be used against him in any penal or criminal prosecution, and he shall be altogether pardoned for the offense done or participated in by him. C. S. 6 682. Seizure of cliaigs. If any credible witness shall make oath before any person authorized to issue process in cases provided in section three thousand seven hundred and twenty-one of the Revisal of one thousand nine hundred and five, and the amendments thereof, that there is a reason¬ able cause to suspect that any provision of this act is being violated, or any other act prohibiting the sale, dispensing, or possession of the substances, mixtures, or compounds enumerated herein, it shall be lawful and the duty of such officer or person to grant a warrant, to be executed within the limits of Guilford County, to any lawful officer of said county, authorizing him to search the place where, or the person by whom, it is alleged (in such affi¬ davit) this act has been or is being violated, and to seize and preserve any evidence of the violation of this act, to be used in the trial of any person arrested by reason of the examination, search, or seizure herein provided; all cocaine, alpha or beta eucaine, novocaine, opium, morphine, heroin, codine, or any mixture of either, or any salt or compound of any of the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts or compounds, seized under this act, shall be held, and upon acquittal of the petson so charged, shall be returned to him, and upon conviction shall be destroyed. VAGRANTS AND TRAMPS C. S. 4459. Persons classed as vagrants. If any person shall come within any of the following classes, he shall be deemed a vagrant, and shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days: Provided, however, that this limitation of punishment shall not be binding except in cases of a first offense, and in all other cases such person may be fined or imprisoned, or both, in the discretion of the court: 1. Persons wandering or strolling about in idleness who are able to work and have no property to support them. 2. Persons leading an idle, immoral or proflgate life, who have no prop¬ erty to support them, and who are- able to work and do not work. 3. All persons able to work having no property to support them and who have not some visible and known means of a fair, honest and reputable livelihood. 4. Persons having a fixed abode who have no visible property to support them and who live by stealing or by trading in, bartering for or buying stolen property. 5. Professional gamblers living in idleness. 6. All able-bodied men having no other visible means of support who shall live in idleness upon the wages or earnings of their mother, wife or minor children, except of male children over eighteen years old. 7. Keepers and inmates of bawdy-houses, assignation houses, lewd and disorderly houses, and other places where illegal sexual intercourse is habit¬ ually carried on: Provided, that nothing here is intended or shall be con¬ strued as abolishing the crime of keeping a bawdy-house, or lessening the punishment by law for such crime. 117 State Laws on Public Welfake C. S. 4460. Police officers to tuinisli list of disorderly houses: inuiates competent and compeUable to testify, it shall be the duty of the chief of police, marshal, constable or other chief ministerial officer of each citv and town in this State to furnish every thirty days to the police Justice, recorder mayor, or other trial officer of such city or town a list of the bawdy, assigna¬ tion, lewd and disorderly houses and other places where illegal sexual inter¬ course is carried on, together with the names of the keepers and inmates of such houses and places, in such city or town; and it shall be the duty of such police justice, recorder, mayor or other trial officer, upon the filing of such list, to issue his warrant for the persons declared in subsection seven of the preceding section to be vagrants, and to punish in accordance with the pi ovisions of that section such of them as may be found guilty. In all trials under said subsection seven of the preceding section any keeper or inmate of any of the houses or places named, or his employees, shall be com¬ petent and compellable to give evidence of the character and nature of such house or place and of the character and acts of the keepers and inmates thereof; but the person so testifying shall not be prosecuted or punished for the commission of any crime about which he shall have been required to testify. If any chief of police, marshal, constable or other chief ministerial officer of any city or town shall fail to furnish the list of houses and places pro¬ vided for in this section, or shall suppress the name of any person whom he is required herein to report, he shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, or both, at the discretion of the court. C. S. 44 61. Tramp defined and punishment provided; certain persons excepted. If any person shall go about from place to place begging or subsisting on charity, he shall be denominated a tramp, and shall be pun¬ ished by a fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days: Provided, that any person who shall furnish satisfactory evi¬ dence of good character shall be discharged without cost, i^ny act of beg¬ ging or vagrancy by any person, unless a well-known object of charity, shall be evidence that the person committing the same is a tramp. This section shall not apply to any woman, to any minor under the age of fourteen years, or to any blind person. C. S. 4462. Trespassing and the carrying of dangerous weapons by tramps. If any person shall enter any dwelling house or kindle any fire on the land of another without the consent of the owner or occupant thereof, or shall kindle a fire on any highway, or shall be found carrying any firearm or other dangerous weapon, or shall threaten to do any injury to the person, or to the real or personal estate, of another, he shall be punished by imprison¬ ment at the discretion of the court, not to exceed twelve months. C. S. 44 63. Malicious injuries by tramps to persons and property. If any tramp shall willfully and maliciously do any injury to the person, or to the real or personal estate, of another, he shall be punished by imprisonment, at the discretion of the court, not to exceed three years. C. S. 4464. Arrest of tramps by persons who are not officers. Any person, upon a view of any offense described in the three preceding sections, shall cause the offender to be arrested upon a warrant and taken before some justice of the peace, or he may apprehend the offender and take him before a justice of the pace, for examination, and, on his conviction, he shall le entitled to the same fee as a sheriff. 118 State Laws on Public Welfare SEATS Foil AV03IEX C. S. 6 5 55. Seats tor women employes; failure to. ])rovmle a misde¬ meanor. All persons, firms, or corporations who employ females in a store, shop, office, or manufacturing establishment, as clerks, operatives, or helpers in any business, trade, or occupation carried on or operated in the State of North Carolina, shall be required to procure and provide proper and suitable seats for all such females, and shall permit the use of such seats, rests, or stools as may be necessary, and shall not make any rules, regulations, or orders preventing the use of such seats, stools, or rests when any such female employee or employees are not actively employed or engaged in their work in such business or employment. If any employer of female help in the State of North Carolina shall fail, neglect, or refuse to provide seats, as provided in this article, on or before the first day of June, one thousand nine hundred and nine, or shall make any rules, orders, or regulations in his or its shop, store, or other place of busi¬ ness requiring females to remain standing when not necessarily employed or engaged in services or labor therein, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court. SEPARATE TOILETS FOR SEXES AND RACES C. S. 6 559. When separate toilets required. All persons and corpora¬ tions employing males and females in any manufacturing industry, or other business employing more than two males and females in towns and cities having a population of one thousand persons or more, and where such em¬ ployees are required to do indoor work chiefly, shall provide and keep in a cleanly condition separate and distinct toilet rooms for such employees, said toilets to be lettered and marked in a distinct manner, so as to separate the white and colored males and females of both sexes: Provided, that the provi¬ sions of this section shall not apply to cases where toilet arrangements or facilities are furnished by said employer off the premises occupied by him. C. S. 6560. Location; intruding on toilets misdenieanor. It shall be the duty of the persons or corporations mentioned under this article to locate their toilets for males and females, white and colored, in separate parts of their buildings or grounds, in buildings hereafter erected, and in those now erected all closets shall be separated, by substantial walls of brick or timber, and any employee who shall willfully intrude or use any toilet not intended for his or her sex or color shall be guilty of a misdemeanor, and upon convic¬ tion shall be fined five dollars, C. S, 6561. Failure to provide toilets a misdemeanor. Any person or corporation refusing to comply with the provisions of the second preceding section shall be guilty of a misdemeanor, and upon conviction fined five dol¬ lars for the first offense and five dollars for each day they shall fail to make the provisions required under this article. INDEX Abandonment of child by parent. Abandonment of family by husband. Evidence abandonment was willful. Husband failing to provide. Support from husband's property or earnings. Abduction of child. Adoption of minors. Bond to secure orphans’ property.. Child’s name, change of. Child’s status .. Custody of child forfeited. Effect of adoption.. Letters of. Parents’ rights restored. Parties to proceeding. Petition .. Possession of child unlawfully secured. Record of order.,. Revocation ... Adultery . Adults responsible for delinquency of child. Age certificates for employment of children. Age of consent . Age of legal marriage.. Aged and infirm. See Care of the Poor ... Aiding and abetting in prostitution. Alms-house. See Care of the Poor . Application for pardon for prisoner.. Appointment of guardian. Apprenticeship law repealed. Attornel-General, rulings on: Cost in juvenile court cases. Definition of term “child” in juvenile court law. Discipline of prisoners by jailer. Election of county superintendents of public welfare.... “Joint session” of commissioners and board of election.. Jurisdiction of juvenile court in case of child fourteen Jurisdiction of recorders’ courts . Restitution by parent for goods stolen by child. Whipping of a child by order of juvenile court...... Authority of parent vested in institution. Automobiles, child under sixteen not to drive. Bastardy . Action barred, time limit. Appeal, recognition of parties and witnesses. Appeal to Superior Court.. Civil action .. Complaint by county commissioner. Continuance until birth of child... County commissioner to make affidavit. Father committed or apprenticed. Father, putative, out of county. Jurisdiction, justices of peace....... Justices of peace have jurisdiction. Legitimation by court action. Legitimation by marriage . Legitimation, effects of. Maintenance, execution for. PAGE . 35 . 33 . 33 . 34 . 34 . 46 . 34 . 34 . 34 . 34 . 35 . 34 . 34 . 35 . 34 . 34 . 35 . 34 . 34 .105 . 23 .... 10 , 11 . 46 . 45 95 r05H06 . 95 . 81 . 35 . 17 . 28 . 26 . 94 . 29 . 29 . 26 . 27 . 29 . 28 . 44 . 13 . 30 . 32 . 31 . 31 . 33 . 31 . 32 . 31 . 32 . 32 . 30 . 30 . 32 . 33 . 33 . 32 120 Index Bastardy —C ontinuccl. page Paternity, issue of. 31 Purpose of proceedings. 33 Woman declaring father. 31 Woman’s examination . 31 Bawdy houses, police to furnish list.116 Bigamy . 105 Billiard room, permitting minor to enter. 48 Births to be registered.. 55 Blind children . 16 See uncle?' Comjnilsory School Attendance . 13 Boarding homes for children. 20 Care of the poor. 95 Commissioners to provide for support of county home. 95 County home . 96 County superintendent of public welfare to have supervision. 7 District hospital-homes . 98 Families of indigent militiamen. 96 Indigent, property of. 96 Indigent militiamen, families of. 96 Legal settlement . 97 Militiamen, indigent, families of. 96 Outdoor relief . 96 Paupers removing to county. 97 Paupers not to be hired out at auction. 96 Property of indigent. 96 Records, how kept. 96 Removal to county of settlement. 97 Settlement, legal . 97 Superintendent of county home. 95 Support of county home. 95 Support of poor . 95 Caswell Training School.55, 58 Admission .. 55 Age limit removed. 55 Feebleminded and mentally defective of any age to be admitted. 55 Judge of juvenile court to approve application. 55 Superintendent of public welfare to approve application. 55 Chancroid, See Venereal Diseases . 5 Charities and public welfare, county board of. See under County Board of Cliai'itics a7id Puhlie Welfare . 3 Charities and public welfare. State board of. See under State Board of Charities aiid Public Welfare . 3 Child, defined . 18 Enticing from institution.. 45 Under fourteen, definition of tramp does not apply to.117 Under six months, separating from mother. 33 Under sixteen not to drive motor vehicle. 33 Welfare commission . 10 Rulings of . 11 Child-caring agencies and institutions to be licensed. 3 See under State Child Welfai'e Commission . 10 Child Labor regulations. 10 Children, age certificates for employment.10,11 Age of consent . 46 Age of legal marriage. 45 Blind . 16 Born in State Prison. 82 County institutions for. 58 Crippled. See Orthopwdic Hospital ..55, 58 Custody of. See Adoption of Minors, Guardian and, War'd, Juvenile Court. Index 121 Children— Coritmued. 1'A(ip^ Deaf . Delinquent. See County Suyerintenclent of Public Welfare, Instiut- tions for Children, Juve^iile Court. Dependent. See County Superintendent of Public Welfare. Institu¬ tions for Children, Juvenile Court, Mothers' Aid. Feebleminded. See Casivell Training School. Health of . 55 Indigent, aid to attend school.15 Indigent, control over . 44 Laws for protection of. 40 Mentally defective, examination. 24 Neglected. See County Superintendent of Public Welfare, Juvenile Court. Of worthy mothers aided. 50 Offenses against .23, 45 Private institutions for... 59 Regulations for the health of. 55 State institutions for.48, 58 Under fourteen, employment of.10,11 Under sixteen, employments prohibited.10,13 Under sixteen, hours of employment. 10 Cigarettes, selling to miners. 47 Class of prisoners sent to State Prison. 77 Classification of prisoners in State Prison. 77 Clerk of the Superior Court, duties of. 17 Adoption of children. 34 Appointment of guardian. 36 Insane, commitment of. 62 Juvenile court, judge of. 47 Mothers' Aid, approval of application. 57 Commutation of sentence of prisoners. 78 Compulsory school attendance. 13 Blind children .-. 16 Age limits . 16 Census of blind children. 16 County superintendent of schools to report. 16 Parents failing to send. 16 Sheriffs to enforce the law. 16 Superintendent of school to have free transportation. 16 Deaf children . Age limits . Census of deaf children. 15 County superintendent of schools to report. 15 General compulsory attendance law. 1^ Age limit .. Attendance officer .-. Blanks, State Superintendent to furnish.-.-.. H County Superintendent of Public Welfare to investigate and prosecute . Parent's duty . . , Penalty for violation. Prosecutions . State Board of Education to make rules. Truancy, State Board to define. Indigent children . Affidavit . r Aid to .:.;. 44 Attendance officer to investigate. Confederate pensions . 400 Confederate soldiers .404 Confederate Soldiers' Home .101 103 104 Confederate widows . 122 Index PAGE Confederate Woman’s Home .104 Confederate women .104 Contagious diseases . 56 Correspondence of inmates of State Prison. 80 Counties and cities may establish hospitals for insane.:. 72 County and city welfare work, joint. 7 County board of charities and public welfare. 5 Appointment ... 5 Duties . 5 Meetings . 5 Term of office. 5 County boards of education. 6 County commissioners: County superintendents of public welfare, election of. 6 Jails, the building and furnishing of.86 Mothers’ Aid, approval for county.56, 57 Poor relief, general supervision. 95 Prison discipline, rules for. 89 County home for the aged and infirm. 96 See 'under Care of Poor . 95 County institutions for children. 58 County orphanages: Admission .:. 54 Establishment .'. 54 County prisons and prisoners: Attorney-General’s ruling on discipline of prisoners by jailer. 94 Commissioners to build jail . 86 Commissioners to heat jail ....:. 87 Commissioners to purchase bedding, etc. 87 County authorities to make rules for discipline of prisoners. 89 County or town to hire out certain prisoners. 89 Custody of jail. 87 Deductions from sentence for good behavior. 89 Discipline of prisoners by jailer. 94 Fees of jailer. 87 Good behavior, deductions for. 89 Houses of correction. 90 Jail, custody of. 87 Jail to have five compartments. 87 Jailer liable for injury to prisoner. 87 Jailer to cleanse jail. 88 Jailer’s fees . 87 Joint houses of correction. 92 Prison bounds . 87 Prisoner may furnish necessaries. 88 Prisoners sentenced to work on roads. 89 Races, segregation of. 87 Sheriff to have charge of jail. 87 United States prisoners to be kept. 88 Vagrants, release of. 92 Vagrants to be sent to house of correction.*. 91 Where no jail. 88 Women not to work on roads. 90 County superintendent of public welfare. 6 Child welfare commission may use. 12 Election . 6 Attorney-General’s rulings on. 7 Duties .;. 7 See under Powers and Duties. Powers and duties. 7 Applications for admission to Caswell Training School, to approve 7 Child labor law, to enforce. 12 Compulsory school attendance, to enforce.7,14 Index 123 County superintendent of public welfare. Powers and duties— Continued. Dependent and delinquent children, oversight. Distress, to investigate. Employment, to find.^. Insane, to look after. .. Mothers’ Aid, investigation.. Poor, care and supervision of. Prisoners on parole, or probation, to supervise. Recreation, to promote and supervise. State Board, to act as agent of. County workhouse. See Houses of Correction . Deaths to be registered. Delinquent children. See Juvenile Court. Institutions for Children. Delinquent negro boys. See State Training School for Delinquent Negro Boys. Delinquent w^hite boys. See Jackson Training School. Delinquent white girls. See Samarcand Manor. Dental clinics . Detention homes for children. Diseases, contagious . Diseases, venereal . See under Venereal Diseases. Disorderly houses, police to furnish list. Drugs and narcotics, sale regulated.. Druggists to report sales of medicines for venereal disease.— Eastern Carolina Industrial Training School for Boys. Age limit .. Boys to be instructed. Commitment . Courts, what may commit.,. Governor may transfer. Industries to be established. Inmates transferred from institution to prison. Instruction to be given... Period of control of inmates. Prisoners transferred to institution. Election of county superintendents of public welfare. Attorney-General’s rulings on. Employment, county superintendent of public welfare to find Employment of children under fourteen. Employment of children under sixteen, hours of... Employments prohibited for children under sixteen. Enticing child from institution. Penalty for .-. Epileptics, treatment of. Estates without guardian. Eyes of new-born babe to be treated. Families of indigent militiamen. Farming out paupers. Farming out prisoners. Feebleminded. See Caswell Training School ... Feebleminded not admitted to hospital for insane. Fees of jailer. Fire, exposure to . Fire-arms, selling to minor. Flogging child as punishment.-. Flogging prisoners in State Prison... Fornication and adultery... PAGE - 7 - 7 - 7 - 7 - 7 - 7 - 7 - 7 - 7 - 90 - 55 .... 56 .... 20 .... 56 ....110 ....116 ...’.113 ....112 .... 51 .... 51 .... 52 .... 52 .... 52 .... 52 .... 52 .... 52 .... 52 .... 51 .... 52 .... 6 .... 7 .... 7 10 , 11 10 , 11 10,13 .... 45 .... 45 .... 60 .... 43 .... 55 .... 96 .... 96 .... 89 55, 58 .... 61 .... 87 .... 47 .... 47 .... 28 .... 79 ....105 124 Index PAGE Guardian and ward. 35 Application for guardianship, proceedings. 86 Appointment by clerk of Superior Court. 35 Appointment by parents . 35 Appointment when father is living. 36 Bond . 37 Bond insufficient . 38 Bond, renewal of. 38 Clerk of Superior Court to appoint guardian. 35 Duties of guardian. 35 Estates without guardian. 43 Father living, guardian may be appointed. 36 Foreign guardians . 43 Grand jury to report orphans without guardians. 43 Guardian, powers and duties. 35 Guardian removed without successor. 44 Guardian’s bond . 37 Guardians, foreign . 43 Guardians, public . 42 Judge of Superior Court to appoint receiver. 44 Letters of guardianship. 36 Mother natural guardian. 35 Natural guardianship on death of father. 35 Orphans without guardians, grand jury to report. 43 Parents, appointment of guardians by..... 35 Parents divorced . 36 Person and estate, separate guardians.,. 36 , See, also, under Juvenile Court ... 24 Powers and duties of guardian. 39 Public guardian . 42 Receiver for estate. 44 Removal of guardian. 37 Resignation of guardian. 37 Revocation of letters of guardianship. 37 Sale of ward’s estate.. 40 Solicitor, duties and fees. 43 Solicitor to prosecute. 44 Support of ward. 36 Sureties, relief of. 38 Ward’s estate, sales of. 40 Gonorrhea. See Venereal Diseases ..110 Good behavior of prisoners, deductions for.78, 89 Governor may transfer inmates of: Eastern Carolina Industrial School. 52 Jackson Training School. 50 Governor, powers as to pardon, parole, etc. 86 Guardian, appointment of. See under Guardian and Ward, Juvenile Court. Health of children, regulations. 55 Homes for aged and infirm..95, 98 Home for Confederate soldiers.104 Home for Confederate women. 104 Hospitals for the insane. 59 Admission . 61 Admission immediately . 61 Admission, when doubt. 69 Affidavit . 62 Alien, proceedings in case of... 70 Attendant to convey patient. 67 Bond for safe-keeping of insane. 71 Citizen of another state. 70 Clerk of Superior Court may discharge. 63 Clerk to keep record....,. 67 Index 125 Hospitals for the insane— Continued. Commitment, form of. 03 Commitment in case of sudden attack.” .. 03 Conveying patient to hospital, cost of..” 03 Cost of conveying patient to hospital.' 7 03 Counties and cities may establish hospitals for insane. 72 Criminal insane, hospital for, abolished. 74 Discharge of patient. 7 q Division of territory. 00 Epileptics .. 0 q Examination of insane. 02 Feebleminded not admitted. 61 Fees for examination. 67 Form of commitment. 63 Idiots not admitted. 61 Indians admitted . 60 Indigent patients given priority. 61 Insane entitled to immediate admission. 61 Jail, commitment of insane to. 70 Justice of peace may make examination, when. 63 Names of hospitals. 59 Order of commitment. 64 Patient conveyed to hospital. 68 Patient exposed to contagious disease. 69 Patient, preparation for admission. 68 Private hospitals for the insane. 72 Record kept by clerk of court. 67 Residence of patient. 62 Settlement of patient determined. 62 Sheriff to act, when. 68 State Board of Charities and 'Public Welfare to visit. 60 State hospital for criminal insane abolished. 74 Superintendent, appointed .-. 60 Superintendent of hospital notified. 67 Superintendent to notify sheriff of escape. 61 Voluntary commitment . 69 Hospital-homes, for the aged and infirm. 98 Hotels, to protect.116 Hours of employment for children under sixteen. 10 Houses, disorderly .116 Houses of correction.-.:. ^9 Houses of correction, joint.-. 92 Housing conditions . ^ Husband failing to provide for family.-.-. ^1 Indeterminate sentence . ^1 Indians admitted to hospitals for insane. 60 Indigent, property of. 66 Indigent children .-.-. Authority of parent vested in institution. 14 Control over .. _ Enticing child from institution. 6 Penalty for . Institution, enticing child from. Institution has authority of parent. ^ Rules and regulations of.-.-. Person enticing child from institution. Inebriate. See uncle?' Hostntal fo?’ Insane. • ■ ri^ Infant. See AcloiMon of Mi?iors, Child Welfare Commission School Law. County Superintendent of J ^ Ward. Institutions for Children, Juvenile Court, State Boaid of C ties and Public Welfare. 126 r NDEX Insane. iawiiv See under Hospitals for the Insane . 59 Insane, criminal . 74 Dangerous . 74 State Board of Charities and Public Welfare to secure attention for.... 5 Institution, child-caring, to be licensed. 3 Institution, enticing child from. 45 Institution has authority of parent. 44 Institutions for children. 48 Intoxicants, use of by prison employees. 80 Jail, built by county commissioners. 86 Cleansed daily . 88 Custody of . 87 Furnished and heated. 87 Insane confined in. 70 Number of apartments. 87 None in county. 88 Plans approved . 4 Sheriff to have charge of. 87 Jailer, appointment of. 87 Fees . 87 Liable for injury to prisoners. 87 Punishment of prisoners by. 94 To cleanse jail.•.. 88 Judge of juvenile court. 17 See under County Oy'phanages, Juvenile Cou7't, Mothers' Aid. Justices of the peace, jurisdiction in bastardy cases.,. 30 May commit insane. 63 Juvenile court . 17 Adjudication under, not a conviction. 18 Adults responsible for delinquency of ‘child. 23 Age of consent, jurisdiction. 46 Appeal from decision. 23 Appointment of guardians. 24 See, also, Guardian and Wa^'d . 35 Apprenticeship law repealed. 17 Attorney-General’s rulings . 26 Boarding homes for children. 20 Child defined . 18 See Att07'ney-GeneraVs Ruling . 26 Child committed, support. 22 Child, disposition of. 19 Child fourteen years. 20 See Attorney-GeneraVs Ruling . 26 Child returned to parent. 24 Children, boarding homes for. 20 Children in need of medical care. 24 Children mentally defective. 24 City juvenile courts. 25 City probation officers. 25 Clerk of Superior Court, judge of. 17 Construction of law.. 18 Costs . 18 Custodial agency, selection of. 23 Custody of child. 19 Definition of terms.. 17 Detention homes . 20 Disposition of child. 19 Flogging child as punishment. 28 Guardian, appointment of. 24 See. also. Guardian and Ward.... . 35 Hearing of case. 19 Institution, commitment to. 20 Index 127 Juvenile court —ContmuccL Jail, placing child in. Judgment of court modified. Jurisdiction of court. Method of bringing case before court. Mentally defective children. Offenses against children. Parent responsible for child. Parent to make restitution . Parent to support child committed. Parental neglect . Petition to bring child into court. Probation, child placed on. Probation, conditions of . Probation ofRcers . Probation ofRcers, city .. Probation ofRcers, duties and powers. Probation, revocation of . Recorder’s court, powers. Records . Relative, child committed to custody of. State Board, child committed to. Sessions of court. Sheriff to serve papers. Summons issued .. Summons, service of... Superior Court, a department of. Witnesses, expenses .. Kidnapping .. Laws and agencies for the protection of children. Laws relating to morals. Legal settlement . Legitimation of bastards. Letters of adoption... License, child-caring agencies and institutions. Marriage . Private hospitals for the insane. Maintenance of illegitimate child. Marriage, age of legal. Examination for license. Marriages, prohibited . Maternity homes . Maternity homes to be licensed.. Meetings of county board of public welfare. Mentally defective, care of. 8ee. also. Casio ell Training School . Mentally defective, examination. Miscegenation . Militiamen, indigent, families of. Minor, failure to pay for work. Morals, laws relating to.-. Motor vehicle, child under sixteen not to drive. Mother, separating child under six months old from. Mothers’ Aid .-. Allowance by counties authorized. Allowance to individual, maximum. Applications, blanks furnished. Approved by State Board.-...;. County board of charities and public welfare to determine needed ..... County commissioners to approve amount in each case. County superintendent of public welfare to investigate. Determination of amount. I’AOK . 20 . 24 . 17 . 18 . 24 . 23 . 23 . 29 . 22 . 23 . 18 .20 .. 21 . 21 . 25 . 22 . 21 . 27 . 18 . 20 . 20 . 18 . 19 . 18 . 19 . 17 . 18 . 46 . 10 .104 . 97 . 32 . 34 . 3 .108 . 72 . 32 . 45 .108 ....45, 105 . 59 . 3 . 5 24, 55, 58 .55, 58 . 24 .105 . 96 . 48 ..104 . 18 .. 33 . 56 . 56 . 56 amount .. 56 . 57 . 57 .56, 57 128 Index Mothers’ Aid— Continued. page Eligibility for aid. 57 Juvenile court to approve. 57 Maximum allowance .-. 56 Money not used. 57 State Board of Charities and Public Welfare to administer. 57 State’s contribution, how paid. 57 Negro boys, training school for. 53 See under State Training School for Delinquent Negro Boys . 53 Negro children, separate schools. 16 Negro blood, smallest amount prohibits from attending white school. 17 N. C. Children’s Home Society, Inc. 59 Obscene pictures . 108 Offenses against children.23, 45 Orphanages . 54 Orphanages, county . 54 See U7ider County Orphayiages. Orphanages, State Board of Charities and Public Welfare to inspect and license .,. 3 Orphans. See Gua^'dian and Ward. Institutions for CJiildreii, Mothers' Aid. Or- 2)ha7iages. Orphans, needy, to aid. 56 Orthopaedic hospital ...55, 58 Pardons .,. 86 See, also, under State Prison. Pardons, application for. 81 Parent may appoint guardian. 35 Responsible for child. 23 To make restitution. 29 To support child committed. 22 Parole, advisory board of. 85 Parole, adults .. 85 See, also. Prostitution, State Prison. Parole, children. See U7ider County Superintendent of Public Welfare, Eastei'n Trainmg School for Boys, Jackson Ty'aining School, Samay'cand, Training School for Negro Boys. Parole, Governor’s powers. 86 • Parole of prostitute.107 Paternity, issue of. 31 Pauper. See under Care of the Poor . 95 Pensions, State .100 Persons and organizations receiving and placing children. 3 Physical examination for marriage. 108 Physical examination of children. 56 Police officers to furnish list of disorderly houses.116 Poor, care of. 95 See under Care of the Poor . 95 Poverty, State Board of Public Welfare to study. 3 Prison. See County Pi’isons and Pt'isoners, Houses of Coy'rection, State Prison. Prison bounds . 87 Prisoners. See County Prisons and Prisoners, Houses of Correctio7i, State Prison. Confining in improper apartment. 87 Correspondence regulated . 80 Health authorities to examine. 92 On parole .7, 86 Segregation of races.81, 87 Sent to State Prison. 77 State board to study care and treatment of. 3 Index 129 Prisoners— Continued. PAGE State, classification of... State, recreation and instruction. gQ Treated for venereal disease. m Tubercular . 94 Work on roads. ..* ’ gg Uniform . Y 9 Youthful, segregation of. g 4 Private hospitals for the insane." " .. 72 Private institutions for children. 59 Probation. See under County Superintendent of PuMic Welfare. Juvenile Court. Prostitution. Probation officers. See U7ider Juve^iile Cou7't. Property of indigent persons. 96 Prostitution, aiding and abetting.105,106 Defined .’.106 Of young girl.:. 47 Punishment, parole, probation.107 Repression of . 109 Public amusement, State board to study. 3 See, also, under County Supe7'i7itendent of Public Welfare. Record of infraction of prison rules.. 77 Recorder’s courts, jurisdiction. 27 Regulations for health of children. 55 Births to be registered. 55 Contagious diseases . 56 Deaths to be registered. 55 Dental clinics . 56 Eyes of new-born babe to be treated. 55 Physical examination . 56 Relative, child committed to care of. 20 Recreation, county superintendent of public welfare to promote. 7 Recreation and instruction for prisoners. 80 Reformatory for youthful prisoners. 84 Revocation of letters of adoption. 34 Rulings of Attorney-General. 26,94 Rulings of Child Welfare Commission. 11 Samarcand Manor ..48, 58 Admission . 48 Admission on voluntary application. 49 Escape .-. Inmates, delivery of, to. 4J Juvenile law applied. ;;; Parole . 50 Sanatorium for tubercular prisoners. 94 School for the Blind and Deaf. School for the white deaf. Time of detention.-.-. .q Voluntary application for admission. Seats for women employes. Seduction . 44 g Separate toilets for sexes and races.. Sheriff, confining prisoners in improper apartment. To convey patients to hospital for insane.-. To have custody of jail.-.^.;. To be notified of escape from hospital for insane. To have prisoners examined... 4 ^ To serve papers for juvenile court. 4 ^^ Soldiers, Confederate home for. 4 qq Confederate pensions .. 104 Confederate, widows of. See Militiamen. 130 Index PAGE State Board of Charities and Public Welfare 3 Duties. See under Poicers and Duties . Election . Meetings . Powers and duties. Biennial report to General Assembly. Bulletins, to issue. Causes of insanity, to investigate. Charitable and penal institutions, to investigate and supervise.... Child-caring institutions, to license. Child-caring institutions, to supervise.. Commission of public welfare, to elect. Crime, to study. Conventions, to attend. County boards of charities and public welfare, to appoint. County homes, to approve plans for. County homes, to inspect. County superintendents of public welfare, to encourage employ¬ ment of . County superintendents of public welfare, to approve. Dependent and delinquent children, to promote welfare of. Dependent, defective, and delinquent children, placing and super¬ vision of .,. Divorce, to study. Hospitals for insane, to visit and supervise. Housing conditions, to study.!. Insane, secure attention for. Investigations, to give publicity to. Jails, to approve plans for. Jails, to inspect. Maternity homes, to inspect... Maternity homes, to license.•.. Nonemployment, to study. Officials to furnish information to. Orphanages, to inspect and supervise. Plans for jails and alms-houses, to approve. Persons and papers, to send for.. Poverty, to study... Prisoners, care and treatment of, to study. Private hospitals for insane, to license. Public, to inform on social conditions. Public amusements, to study. Publicity, to give to investigation. Social evil, to study.. Vagrancy, to study... Wife desertion, to study.. Witnesses, may summon. Term of office of members. State Board of Health responsible for health regulations. To make rules for control of venereal diseases. State Home and Industrial School for Girls and Women. See Samarcand Manor . State institutions for children. State pensions . State Prison . Agents, directors to employ. Children born in State Prison. Class of prisoners sent to State Prison. Classification of prisoners. Commutation . Convict furnished transportation. 3 3 3 3 4 4 4 3 3 3 4 3 4 5 4 4 4 6 3 3 3 3 3 5 4 4 4 3 3 3 5 3 4 4 3 3 72 4 3 4 3 3 3 4 3 56 111 48 48 58 100 76 76 82 77 77 78 82 Index 131 State Prison— Continued. Copy of law to be furnished prisoner. Correspondence of prisoners. Custody of prisoners. Death of convict, directors to investigate. Directors, appointed by Governor. Not to furnish supplies. To keep record of infraction of rules. To make rules for discipline. Discharge . Discipline, directors to make rules for. Overseers and guards. Farming out prisoners. Flogging prisoners .. Indeterminate sentence . Instruction of prisoners. Intoxicants not to be used by employees. Pardon—application for . Parole . Advisory board of. Cases considered . Conduct of prisoners, record of..... Governor’s powers not impaired. Meetings of board. Prisoners on parole to report to clerk of court. Reimprisonment . Report to Governor.:. Prisoners, classification of... Clothing to be marked. Correspondence regulated . Recaptured, punishment . Recreation and instruction. Segregation of races.. To be sent to State Prison within five days. Tubercular . Uniform ... What sent to State Prison. Record of infraction of rules. Recreation and instruction of prisoners. Reformatory for youthful prisoners. Religious services . ‘ Sanitary care of prisoners.-. Sanitation for tubercular prisoners. Segregation of races. Segregation of youthful prisoners. Supplies, director not to furnish. Support of State Prison. Tubercular prisoners . Wages . Whipping prisoners . Work on railroads, etc. State Training School for Delinquent Negro Boys. Admission age . Admissions distributed . Age limit ,.-. Control of institution.. Expense paid by county. Payment by private persons. Term of commitment. Stonewall Jackson Manual Training and Industrial School Age limit .^. Courts may commit. Discharge . PAGE . 82 . 80 . 76 . 82 . 76 . 77 . 77 . 77 . 82 . 77 . 82 . 82 . 79 . 81 . 80 . 80 . 81 . 85 . 85 . 85 . 85 .... 86 .... 85 .... 86 .... 86 .... 86 .... 77 .... 79 .... 80 .... 81 .... 80 .... 81 .... 77 92,94 .... 79 .... 77 .... 77 .... 80 .... 84 .... 80 .... 77 92, 94 .... 81 .... 84 .... 77 .... 84 92, 94 .... 78 .... 79 .... 83 53, 58 .... 53 .... 54 .... 53 .... 53 .... 54 .... 54 .... 54 .... 50 .... 50 .... 50 .... 50 132 Index Stonewall Jackson Manual Training and Industrial School— Continued, page Governor may transfer. 50 Period of control of inmates. 50 Powers of superintendent. 50 Prisoners transferred . 50 Purpose of school. 50 Superintendent, powers of. 50 Superintendent of county home. 95 See under Care of the Poor. Superintendent of district hospital-home. 99 See under Care of the Poor. Support of family from husband’s property or earnings. 34 Support of county home .-. 95 See under Care of the Poor. Support of the poor . 95 See under Care of the Poor. Surgical operations on inmates of State institutions. 93 Toilets, separate for races and sexes.10,118 Tramp defined and punishment provided.117 Tramps .116 See under Vagrants and Tramps. Tramps, arrest of.117 Injury to persons and property.117 Trespassing .117 Truancy .1. 14 United States prisoners to be kept in county jails. 88 Vagrancy, State Board of Charities and Public Welfare to study. 3 Vagrants and tramps. 116 Bawdy houses, police to furnish list.116 Child under fourteen, definition of tramp does not apply to.117 Disorderly houses, police to furnish list..116 Police officers to furnish list of disorderly houses.116 Tramp defined and punishment provided. 117 Tramp, arrest of.117 Injury to persons and property.!.117 Trespassing ...,.117 Vagrants, release of. 92 Persons classed as.116 Sent to house of correction.:. 91 Women, definition of tramp does not apply to.117 Venereal disease .110 Examination ..till Definition of “venereal disease”.110 Detention and quarantine. Ill Druggists to report sale of remedies.112 Investigation and examination.Ill Prisoners treated . Ill State Board of Health to make rules.Ill Treatment except by physicians unlawful.112 Welfare, county board. See County Board of Charities and Public Welfare. Welfare, State board. See State Board of Charities and Public Welfare. Welfare work, joint county and city. 7 Witnesses in juvenile court, expenses. 18 Widows, aid for. See Mothers' Aid . 56 Widows of Confederate soldiers.101,103,104 Woman declaring father in bastardy case. 31 Woman’s examination in bastardy case. 31 Woman’s Home, Confederate.104 Women, definition of tramp does not apply to.117 Not to work on roads. 90 Employees, seats for..10,118 Workhouse, county. See Houses of Correction . 89 Pamphlet Binder Gaylord Bros. Makers Syracuse, N. Y, PAT. m 21,1908 FOR USE ONLY IN THE NORTH CAROLINA COLLECTION