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Session Laws, 1941
Volume 582, Page 891   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 891

age of fourteen years is brought before said Magistrate
upon a petition alleging delinquency, and the conduct
alleged in the petition would constitute a felony or any
crime the maximum penalty of which is confinement in a
penal institution for more than three years, the Magistrate,
after full investigation, may waive jurisdiction and then
proceed in like manner as Justices of the Peace may now
or hereafter be authorized to proceed in like criminal
cases when the defendant is an adult if such action shall
appear to be in the public interest or for the welfare of
the child, and provided further, that whenever a child
sixteen years of age or over is brought before said Magis-
trate on any criminal charge, the said Magistrate may
waive jurisdiction and refer the case to some other Justice
of the Peace or Trial Magistrate of Washington County
for hearing or may proceed in like manner as Justices
of the Peace may now or hereafter be authorized to pro-
ceed in like criminal cases when the defendant is an adult,
or, when said child is sixteen years of age or over as afore-
said, upon application of the State's Attorney for Washing-
ton County, the said Magistrate shall cease to have juris-
diction and may refer the case to some other Justice of
the Peace or Trial Magistrate for Washington County for
hearing, or may proceed in like manner as Justices of the
Peace may now or hereafter be authorized to proceed in
like criminal cases when the defendant is an adult.

f. He shall have jurisdiction which shall be exclusive
as among the several Justices of the Peace or Trial Magis-
trates of Washington County, to determine the custody of
any child residing within the County, provided, however,
that nothing contained herein shall deprive other Courts
of competent jurisdiction to determine the custody of chil-
dren upon writs of habeas corpus or when such custody
is incidental to the determination of causes pending in
such Courts.

g. When any child shall be found by said Magistrate
to be a delinquent, dependent, neglected or mentally incom-
petent child, such child shall continue under the jurisdic-
tion of the Juvenile Court until he becomes twenty-one
years of age, unless discharged prior thereto.

h. He shall have jurisdiction, which shall be exclusive
as among the several Justices of the Peace -or Trial Magis-
trates of Washington County, to hear, try and determine
all cases of adults charged with contributing to, encourag-
ing, causing or tending to cause by any act or omission,
the delinquency, neglect or dependency of any child.

 

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Session Laws, 1941
Volume 582, Page 891   View pdf image (33K)   << PREVIOUS  NEXT >>


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