character, or to the care of some training school or industrial school, as provided by law, or to the care of some association willing to receive it, embracing in its objects the purpose of caring for or obtaining homes for neglected or dependent children, which association shall have been accredited as hereinafter provided. The court may, when health or condition of the child may require it, cause the child to be placed in a public hospital, or institution for treatment or special care, or in a private hospital or institution which will receive it for like purpose without charge. (4421, R. L. 1910) 556. Adoption of Child-In any case where the court shall award a child to the care of any association or individual in accordance with the provisions of this article, the child shall, unless otherwise ordered become a ward, and be subject to the guardianship of the association or individual to whose care it is committed. Such association or individual shall have authority to place such child in family home with or without indenture, and may be made party to any proceedings for the legal adoption of a child and may by its or his attorney or agent, appear in any court where such proceedings are pending and assent to such adoption. And such assent shall be sufficient to authorize the court to enter the proper order or decree of adoption. Such guardianship shall not include the guardianship of the estate of the child. (4422, R. L. 1910) 557. Authority of Court-In the case of a delinquent child the court may continue the hearing from time to time and commit the child to the care or custody of a probation officer or any other person, or may allow said child to remain in its home, subject to the visitation of the probation officer, such child to report to the probation officer as often as may be required; or the court may cause the child to be placed in a suitable family home, subject to the friendly supervision of a probation officer and to the further order of the court; or it may authorize the child to be boarded out in some suitable family home in case provision is made by voluntary contribution or otherwise for the payment of the board of such child until a suitable provision may be made for the child in a home without such payment; or the court may commit the child, if a boy, to a training school for boys, or if a girl, to an industrial school for girls; or the court may commit the child to any institution in the county incorporated under the laws of this state that may care for delinquent children or that may be provided by a city or county, suitable for the care of such children, or to any state institution which may be established for the care of delinquent children; or the court may commit the child to the care and custody of some association that will receive it, embracing in its objects the care of neglected or dependent children, and that has been duly accredited as hereinafter provided. In no case shall a child beyond the age of 16 years be committed to an institution. A child committed to such an institution shall be subject to the control of the superintendent thereof, and the said superintendent shall have the power to parole such children under such conditions as he may prescribe. (4423, R. L. 1910) 558. Child Shall Remain Ward of Court-Every child who shall have been adjudged delinquent, whether allowed to remain at home, or placed in a home, or committed to an institution, shall continue to be a ward of the court until such child shall have been discharged as such ward by order of court, or shall have reached the age of 21 years, and such court may, during the period of wardship, cause such child to be returned to the court for further or other proceedings, including parole, or release from an institution; Provided, however, that notice of all applications to the court for such parole or release shall be given to the superintendent of such institution at least ten days before the time set for the hearing thereof, or the consent, in writing, of such superintendent to such parole or release shall be filed. The court, may, however, in its discretion, cause such child to be proceeded against in accordance with the laws that may be in force governing the commission of crime. (4424, R. L. 1910) Care of Convicted Child-No court or magistrate shall commit a child under 12 years of age to jail or police station, but if such child is unable to give bail it may be committed to the care of the sheriff, police officer, or probation officer, who shall keep such child in some suitable place which shall be provided by the city or county outside of the enclosure of the jail or police station. When any child shall be sentenced to confinement in any institution to which adult convicts are sentenced, it shall be unlawful to confine such child in the same building with such adult convicts, or to confine such child in the same yard or enclosure with such adult convicts, or to bring such child into any yard or building in which adult convicts may be present. (4425, R. L. 1910) 560. Shall Be Liberally Construed-This article shall be liberally construed, to the end that its purpose may be carried out, to-wit: that the care and custody and discipline of the child shall approximate, as nearly as may be, that which should be given by its parents, and that, as far as practicable, any delinquent child shall be treated, not as a criminal, but as misdirected and misguided, and needing aid and encouragement. (4426 R. L. 1910) A child under age of 16 cannot commit a crime except by special finding of the Juvenile Court that such child knew the wrongfulness of the act. Preliminary investigation must be had by County Court as to the commission of the act charged, and that the child knew the wrongfulness thereof, and a certificate to that effect must be filed in District Court in order to give jurisdiction. And state still has the burden of showing the commission of the act charged, and the knowledge of the child of the wrongfulness thereof, as provided in Sec. 907. Ex parte Hightower, 13 Okla. Cr. 472, 165 P. 624. ARTICLE XXIX. 561. LIMITATIONS OF ACTIONS. No Limit as to Time of Action for 563. Limitation Does Not Run in Defend- 562. Limit for Other Crimes. 561. No Limit as to Time of Action for Murder-There is no limitation of the time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed. (5624 R. L. 1910) 562. Limit for Other Crimes-In all other cases a prosecution for a public offense must be commenced within three years after its commission. (5625 R. L. 1910) Not necessary to prove beyond reasonable doubt that offense is not barred by limitation; Rea v. State, 3 Okla. Cr. 281, 105 P. 386. 563. Limitation Does Not Run in Defendant's Absence-If when the offense is committed the defendant be out of the State, the prosecution may be commenced within the term herein limited after his coming within the State, and no time during which the defendant is not an inhabitant of or usually resident within the State, is part of the limitation. (5626 R. L. 1910) "And no time during which the defendant is not an inhabitant of," defined State having shown that defendant fled on commission of crime, burden shifts to defendant to show that he was not non-resident; Coleman v. Terr, 5 Okla. 206. 564. New Trial Defined—A new trial is a re-examination of the issue in the same court, before another jury, after a verdict has been given. The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew except of witnesses who are absent from the State or dead, in which event the evidence of such witnesses on the former trial may be presented, and the former verdict cannot be used or referred to either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment or in- · formation. (5936 R. L. 1910) 565. Grounds for New Trial-A court in which a trial has been had upon an issue of fact has power to grant a new trial when a verdict has been rendered against a defendant by which his substantial rights have been prejudiced, upon his application in the following cases only: First. When the trial has been in his absence, if the charge is for a felony. Second. When the jury have received any evidence out of court, other than that resulting from a view of the premises. Third. When the jury have separated without leave of the court, after retiring to deliberate on their verdict, and before delivering or sealing the same, if it be sealed, or have been guilty of any misconduct by which a fair and due consideration of the case has been prevented. Fourth. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of the jury. Fifth. When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial. Sixth. When the verdict is contrary to law or evidence. Seventh. When new evidence is discovered, material to the defendant, and which he could not with reasonable diligence have discovered before the trial, or when it can be |