CHAPTER 477.
FOR THE PREVENTION OF CRUELTY TO CHILDREN.
AN ACT supplementary and amendatory of an act entitled "Au Act for Title. the prevention of Cruelty to Children," Passed at Dover, March 18, 1819.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch thereof concurring herein):
SECTION 1. When any husband and wife shall live in a state of separation without being divorced, and shall have any minor child of the marriage, the wife, if she be an inhabitant of this State, may apply to the Judge of the Superior Court residing in the county where such wife may reside, for a writ of habeas corpus to have such minor child brought before him. On the return of such writ the said Judge, on due consideration may award the charge and custody of the child so brought before him to the mother, for such time, under such regulations and restrictions and with such provisions and directions as the case may require. At any time after the making of such order the said Judge may annul, vary or modify the same.
SECTION 2. All the fines, penalties and forfeitures imposed and collected in any county of this State, under the provisions of this and every act passed or which may be passed relating to or affecting children in every case where the prosecution shall society for prevention be instituted and conducted by the society incorporated pursuant of cruelty to children to the provisions of Chapter 97, Vol. 16, Laws of Delaware, being an act entitled "An Act to incorporate the Delaware Society for the Prevention of Cruelty to Children" shall enure to such society in aid of the purposes for which it was incorporated.
SECTION 3. That Section 4, of Chapter 150, of Volume 16, of the Laws of Delaware entitled, "An Act for the prevention of Cruelty to Children," be, and the same is hereby amended by striking out all thereof after the word "Committed," in the fifth line thereof, and substituting in lieu of the portion so stricken out, the following: "Or to either of the Judges thereof in vacation for the appointment of a proper guardian of the person or such minor, and the said Court or Judge may in its or his discretion, make such appointment, having due regard in the selection of a guardian to the religious persuasion of the parent of former guardian, or it or he may place such child in any asylum or house for children with the powers of a guardian of the person as may be most expedient: Provided, however, that the children of Roman Catholic parents shall be placed in asylums under the control and care of that denomination and the said Court or either of said Judges in vacation may order the parent to pay such a reasonable sum towards the maintenance of such child and at such times and in such amounts as said court or either of said Judges may see fit, and such Court or either of said Judges, at any subsequent time, may, upon being satisfied that the parent has become a fit person to resume the custody of said minor, and upon reasonable security, to be fixed by the court or by either of said Judges in vacation, being given for the faithful observance of the provisions of this act, remand such minor to the custody of such parent, subject, nevertheless, to the obligations of any indentures or legal engagements already entered into on behalf of said minor by his guardian.
SECTION 4. All acts or parts of acts inconsistent with this act be, and the same are hereby repealed.
Passed at Dover, April 8, 1881.