Page:1887 Compiled Laws of Dakota Territory.pdf/1263

 then in the presence of some suitable person whom the said judge shall appoint as guardian for the purposes of case, it shall and may be lawful for said judge to proceed to take the voluntary examination of said boy or girl, and to hear the statements of the party appearing for him or her, and such testimony in relation to the case as may be produced, and if upon such examination and hearing the said judge shall be satisfied that the boy or girl is a fit subject for the state reform school, he may commit him or her to said school by warrant.

§ 7781. The judge shall certify in the warrant the place in which the boy or girl resided at the time of his or her arrest, also his or her age as n ear as can be ascertained, and command the said officer to take the said boy or girl and deliver him or her, without delay, to the superintendent of said school, or other person in charge thereof at the place where the same is established; and such certificate, for the purpose of this chapter, shall be con­clusive evidence of his or her residence or age. Accompanying this warrant the judge shall transmit to the superintendent by the officer executing it, a statement of the nature of the complaint, together with such other particulars concerning the boy or girl as the judge is able to ascertain.

§ 7782. If the judge is of the opinion that the boy or girl is not a fit subject for the school, or if said boy or girl shall appeal from the decision of the court in which the conviction was had, he shall remand him or her to the custody of the officer who had him or her in charge, to be returned to the magistrate before whom the conviction was-had, to be dealt with according to law.

§ 7783. If any parent or guardian shall make complaint to a judge of a court of record, that any boy or girl, the child or ward of such parent or guardian, is habitually vagrant or dis­ orderly or incorrigible, it shall and may be lawful for said judge to issue a warrant, to have the sheriff or constable to cause said boy or girl to be brought before him at such time and place as he may appoint, when and where said judge shall examine the parties, and if in his judgment the boy or girl is a fit subject for the reform school, he may issue an order, with the consent of said parent or guardian indorsed thereon, to be executed by a sheriff or con­stable, committing said boy or girl to the custody of the superin­tendent of said school for reformation and instruction till he shall attain the age of majority; provided, that security for the payment of the expenses of said complaint, commitment and carrying boy or girl to the reform school, and the expenses of board at such school, may, in the discretion of said judge, be required of said parent or guardian.

§ 7784. No boy or girl shall be committed to said reform school for a longer term than until he or she attain the age of majority, but the said trustees by their order may, at any time after one year's service, discharge a boy or girl from said school as a reward of good conduct in the school, and upon satisfactory evidence of reformation.

§ 7785. Any boy or girl committed to the reform school shall be there kept, disciplined, instructed, employed and governed under the direction of the trustees until he or she arrives at the age of majority or is bound out, reformed, or legally discharged. The binding out or discharge of a boy or girl as reformed or having arrived at the age of majority, shall be a complete release from all penalties incurred by conviction of the offense for which he or she was committed.