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Session Laws, 1945
Volume 589, Page 965   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 985

disputed cases; (c) original, exclusive jurisdiction to try, sub-
ject to the right of trial by jury unless waived, as hereinafter
provided, any parent, guardian or other adult for any wilful
act or omission contributing to, encouraging or tending to
cause any condition bringing a child within the jurisdiction of
the court. Nothing herein contained shall deprive other courts
of the right to determine the custody of children upon writs
of habeas corpus or to determine the custody or guardianship
of children when such custody or guardianship is incidental to
the determination of cases pending in such other courts.

48D. Any child brought before the Judge in the exercise of
the aforesaid jurisdiction shall be charged only as a dependent
child, a delinquent child, a neglected child, a feeble-minded
child, or as a child coming within two or more of these terms,
and shall not be charged with the commission of any crime.
The Judge shall then determine whether or not such child
comes within any of the aforesaid terms and is, by reason
thereof, in need of care or treatment within the provisions and
intent of this sub-title. If any such child is charged with the
commission of an act or acts which would amount to a mis-
demeanor or felony if committed by an adult, the Judge, after
full investigation, may in his discretion waive jurisdiction and
order such child held for action under the regular procedure
that would follow if such act or acts had been committed by
an adult.

If the Judge retains jurisdiction in such a case, the hearing
on the charge shall be before the Judge without a jury, unless
the parent or guardian of such child shall elect to have the
case tried before a jury.

48E. Any adult over whom the Judge may have jurisdiction
under Section 48C, if found guilty of any act or omission as
therein defined, shall be punishable by a fine not exceeding five
hundred dollars ($500) or imprisoned not exceeding two (2)
years, or by both such fine and imprisonment. Upon any such
conviction, the Judge shall have power to impose sentence as
aforesaid, or may suspend sentence and place such adult on
probation and by order impose upon such adult during such
period of probation such duty as shall be deemed to be for the
best interests of the child or other persons concerned. In any
such case, such adult shall be tried before the Judge without
a jury unless such adult shall elect to have the case tried
before a jury. The Judge may, however, in his discretion
waive jurisdiction, so that such adult may be otherwise dealt
with according to law. If such adult demands trial according
to the usual criminal procedure, the Judge shall waive juris-
diction and the case of such adult shall thereupon be dealt with
according to such usual criminal procedure.

 

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Session Laws, 1945
Volume 589, Page 965   View pdf image (33K)
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