recorded; but nothing in this provision for computing the average membership and the percentage of attendance shall be construed to invalidate procedure against habitual truants, absentees or school offenders, or other persons, as provided in sections twenty-four to twenty-six inclusive and section thirty-one of this act. A pupil who is not present during at least half of a session shall be marked and counted as absent for that session. SECTION 20. If a return is found to be irregular or Incorrect incorrect the secretary of the state board of education returns. shall forthwith return the same with a statement of all deficiencies therein to the school committee for correction, and said committee shall promptly correct and return the same. return is not etc. SECTION 21. A town the report or returns of which Penalty in case do not reach the office of the secretary of the state board received on a of education on or before the fifteenth day of May shall certain date, forfeit ten per cent. of the income of the school fund to which such town would otherwise have been entitled; if such report or returns fail to reach said office before the first day of June then the town's share of said income shall be retained by the treasurer of the Commonwealth; and any amount so retained shall be added to the principal of the school fund. Any town not entitled to a portion of the school fund, and any city, the report or returns of which fail to reach said office on or before the first day of June, shall forfeit to the school fund two hundred dollars. truant schools, SECTION 22. The county commissioners of each county, Maintenance of the counties of Barnstable, Berkshire, Dukes County and etc. Nantucket excepted, shall establish and maintain either separately or conjointly with the commissioners of other counties as hereinafter provided, in a suitable place, not at or near a penal institution, a truant school for the instruction and training of persons committed thereto as habitual truants, absentees or school offenders. The county commissioners of two or more counties may at the expense of said counties establish and maintain a union truant school, to be organized and controlled by the chairmen of the county commissioners of said counties. The county commissioners of each of the counties excepted as aforesaid shall assign a truant school established by law as the place for the instruction and training of persons committed within their respective counties as Proviso. County truant schools subject to visitation. Commitment of Commitment of habitual absentees. habitual truants, absentees or school offenders, and shall pay for their support in said school such reasonable sum as the county commissioners having control of said school may determine. For the purposes of this act the parental school of the city of Boston, established under chapter two hundred and eighty-two of the acts of the year eighteen hundred and eighty-six and acts in amendment thereof and in addition thereto, shall be deemed the county truant school of the county of Suffolk, and the towns of Revere and Winthrop and the city of Chelsea shall for this purpose be considered as located within the county of Middlesex. When an habitual truant, absentee or school offender is committed under this act to a county truant school the town or city from which such child is committed shall pay to the county within which such town or city is located one dollar a week towards his support in said school: provided, that the towns of Revere and Winthrop and the city of Chelsea shall pay to the county of Middlesex for the support of each child committed to the truant school of said county two dollars and fifty cents per week, and such additional sums for each child as shall cover the actual cost of maintenance. SECTION 23. County truant schools shall be subject to visitation by the state board of education and by the state board of lunacy and charity; and said boards shall report thereon annually to the legislature. SECTION 24. Every habitual truant, that is, every child between seven and fourteen years of age who wilfully and habitually absents himself from school contrary to the provisions of section twelve of this act, upon complaint by a truant officer, and conviction thereof, may be committed, if a boy, to a county truant school for a period not exceeding two years, and if a girl, to the state industrial school for girls, unless such child is placed on probation as provided in section twenty-eight of this act. SECTION 25. Every habitual absentee, that is, every child between seven and sixteen years of age who may be found wandering about in the streets or public places of any town or city of the Commonwealth, having no lawful occupation, habitually not attending school, and growing up in idleness and ignorance, upon complaint by a truant officer or any other person, and conviction thereof, may be committed, if a boy, at the discretion of the court, to a county truant school for a period not exceeding two years, or to the Lyman school for boys, and, if a girl, to the state industrial school for girls, unless such child is placed on probation as provided in section twenty-eight of this act. for violation ulations. SECTION 26. Every habitual school offender, that is, Commitment every child under fourteen years of age who persistently of school regviolates the reasonable regulations of the school which he attends, or otherwise persistently misbehaves therein, so as to render himself a fit subject for exclusion therefrom, upon complaint by a truant officer, and conviction thereof, may be committed, if a boy, at the discretion of the court, to a county truant school for a period not exceeding two years, or to the Lyman school for boys, and, if a girl, to the state industrial school for girls, unless such child is placed on probation as provided in section twenty-eight of this act. children com county truant SECTION 27. Any court or magistrate by whom a Support of child is committed to a county truant school may make mitted to such order as said court or magistrate deems expedient schools. concerning the payment by the parents of such child to the county, of the cost of the support of any such child while in said school, and may from time to time revise and alter such order, or make a new order, as the circumstances of the parents may justify. of an offence etc. SECTION 28. Any court or magistrate by whom a Child convicted child has been convicted of an offence under this act may be placed may in his discretion place such child on probation under on probation, the oversight of a truant officer of the town or city in which the child resides, or of a probation officer of said court, for such period and upon such conditions as said court or magistrate may deem best; and within such period, if the child violates the conditions of his probation, such truant officer or probation officer may without warrant or other process take the child before the court, and the court may thereupon proceed to sentence or may make any other lawful disposition of the case. missioners, in may permit SECTION 29. County commissioners, whenever they County com. think it will be for the best interest of any child com- certain cases, mitted to a county truant school under their control, and children in after due notice and an opportunity to be heard have county truant been given to the superintendent of schools, or, where at liberty, etc. there is no superintendent, to the school committee of schools to be County commissioners, in certain caseв, may permit children in County truant schools to be at liberty, etc. Commitment of inmates of county truant schools for violation of regulations, etc. the town or city from which such child was committed to said school, may permit such child to be at liberty, upon such conditions as said commissioners may deem. best; or, with the approval of a justice of the court which imposed the sentence, they may discharge such child from said school; and in case of such parole or discharge the trustees shall make an entry upon their records of the name of such child, the date of such parole or discharge, and the reason therefor, and a copy of such record shall be transmitted to the court or magistrate by whom such child was committed, and to the school committee of the town or city from which such child was committed. If any child who is permitted to be at liberty, as provided by this section, violates, in the opinion of said commissioners, the conditions of his parole at any time previous to the expiration of the term for which such child was committed to said school, they may revoke such parole. Upon evidence from a superintendent of schools or a school committee, satisfactory to said commissioners, of the violation by a child of the conditions of his parole, it shall be the duty of said commissioners to revoke such parole. Said commissioners may issue an order directed to the truant or police officers of any town or city to arrest such child wherever found and return him to said school; and any such officer holding such order shall arrest such child and return him to said school, which may thereupon hold him, subject to the provisions of this act, for the unexpired portion of the term of the original sentence. Said commissioners shall meet the expense attending such arrest and return, so far as approved by them, at the cost of the county or counties maintaining said school. But releases from the parental school of the city of Boston shall be governed by the provisions of chapter five hundred and fourteen of the acts of the year eighteen hundred and ninety-six. SECTION 30. Any inmate of a county truant school who persistently violates the reasonable regulations of said school, or is guilty of indecent or immoral conduct, or otherwise grossly misbehaves, so as to render himself an unfit subject for retention therein, upon complaint by the county commissioners in control of said school, and conviction thereof, may be committed by the court, if a boy under fifteen years of age, to the Lyman school for boys; if a boy over fifteen years of age, to the Mas Penalty for failure of per control of cer attend school. etc., to have sachusetts reformatory at Concord. The period of commitment to said institutions shall be determined by the laws and regulations governing commitments thereto. SECTION 31. Any person having under his control a child between seven and fourteen years of age who fails sons having for five day sessions or ten half day sessions within any tain children to period of six months while under such control, to cause cause them to such child to attend school as required by section twelve of this act, the physical or mental condition of such child not being such as to render his attendance at school harmful or impracticable, upon complaint by a truant officer, and conviction thereof, shall forfeit and pay a fine of not more than twenty dollars. Any person who induces or attempts to induce any child to absent himself unlawfully from school, or employs or harbors while school is in session any child absent unlawfully from school, shall forfeit and pay a fine of not more than fifty dollars. SECTION 32. Police, municipal and district courts, Certain courts, trial justices, and judges of probate courts, shall have jurisdiction, jurisdiction of all cases arising under this act relating to etc. persons residing in their respective jurisdictions. Upon a complaint for an offence under this act a summons shall issue instead of a warrant for arrest, unless in the judgment of the court or magistrate receiving the complaint there is reason to believe that the accused will not appear upon a summons. A warrant may issue at any time after the issue of such summons, if occasion arises, whether or not the summons has been served. Such summons or warrant may be served, at the discretion of the court or magistrate, by a truant officer or by any officer empowered to serve criminal process. Upon complaint against a child under this act the parents, guardian or custodian of the child shall be notified as is required by law in the case of a juvenile offender. No child under seventeen years of age shall be committed under this act, except to a county truant school, and no child against whom complaint as an habitual absentee is brought under section twenty-five of this act by any other person than a truant officer shall be committed under this act, unless due notice and an opportunity to be heard have been given to the state board of lunacy and charity. and compensa. SECTION 33. The school committee of every town and Appointment city shall appoint and fix the compensation of one or tion of truant more persons to be designated as truant officers, and officers. |