Sec. 25. AGREEMENT OR COMPROMISE.) An agreement or compromise made by the mother or child, or some authorized person on their behalf with the father concerning the support of the child shall be binding upon the mother and the child only when adequate provision is fully secured by payment or otherwise and when approved by a court having jurisdiction to compel support of the child. The performance of the agreement or compromise when so approved, shall bar other remedies of the mother or child for the support of the child.

Sec. 26. CONTINUED JURISDICTION.) The court has continuing jurisdiction over proceedings brought to compel support and to increase or decrease the amount thereof, until the judgment of the court has been completely satisfied, and also has continuing jurisdiction to determine custody in accordance with the interests of the child.

Sec. 27. FAILURE TO SUPPORT.) The failure of the father, without lawful excuse, to support the child where the same is not in his custody, and where paternity has been judicially established, or has been acknowledged by him in writing or by the part performance of his obligations, is a misdemeanor, punishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail for not exceeding one year, or by both such fine and imprisonment. The failure of the parent to sup port the child where the same is in his or her custody shall be governed by the laws applicable to the failure to support a legitimate child.

Sec. 28. FAILURE TO CARRY OUT JUDGMENT.) The failure, without lawful excuse, of a father to comply with and carry out a judgment for the support of the child whether the child be a resident in the jurisdiction where the judgment was rendered or not, is a misdemeanor punishable by fine not exceeding one thousand dollars or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.

Sec. 29. PROBATION.) Upon a prosecution under the provision of Section 28 or Section 29, on entry of a plea of guilty or after conviction, the court, instead of imposing sentence or of committing the father to jail, or as a condition of his release from jail, may commit him to the custody of a probation officer, upon such terms as to payment of support to or on behalf of the mother or child, and as to personal reports, as the court may direct. Upon violation of the terms imposed, the court may proceed to impose the sentence and commit or recommit to jail in accordance with the sentence.

Sec. 30. CONCURRENCE OF REMEDIES.) A criminal prosecution brought in accordance with the provisions of Section 28 or Section 29 shall not be a bar to, or be barred by, civil proceedings to compel support; but money paid toward the support of the child under the provisions of Section 30 shall be allowed for and credited in determining or enforcing any civil liability.

Sec. 31. LIMITATION OF ACTIONS.) Proceedings to enforce the obligation of the father shall not be brought after the lapse of more than two years from the birth of the child, unless paternity has been judicially established, or has been acknowledged by the father in writing or by the furnishing of support.

Sec. 32. AVAILABLE DISTRICT.) Jurisdiction over proceedings to compel support is vested in the district court of the county in which the alleged father is permanently or temporarily resident, or in which the mother of the child resides or is found. It is not a bar to the jurisdiction of the court of the county where the complaining mother or child resides in another state. Notice of any such proceeding shall be given by the clerk of the district court to the Board of Administration and such Board thereupon shall advise or assist the complainant or the court in such proceeding.

Sec. 33. JUDGMENT OF OTHER STATE.) The judgment of the court of another state rendered in proceedings to compel support of a child born out of wedlock, and directing payment either of a fixed sum or of sums payable from time to time, may be sued upon in this state and be made a domestic judgment so far as not inconsistent with the laws of this state, and the same remedies may thereupon be had upon such judgment as if it had been recovered originally in this state.

Sec. 34. REFERENCE TO RELATION OF MOTHER AND CHILD.) In all records, certificates, or other papers hereafter made or executed (other than birth records and certificates or records of judicial proceedings in which the question of birth out of wedlock is at issue) requiring a declaration by or notice to the mother of a child born out of wedlock or otherwise requiring a reference to the relation of a mother to such a child, it shall be sufficient for all purpose to refer to the mother as the parent having the sole custody of the child or to the child as being in the sole custody of the mother, and no explicit reference need be made to illegitimacy, and the term natural shall be deemed equivalent to the term illegitimate when referring to parentage or birth out of wedlock.

Sec. 35. CONSTRUCTION OF ACT.) This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Sec. 36. BRIEF TITLE-NAME OF ACT.) This act may be cited as the Uniform Illegitimacy Act.

Sec. 37. OPERATION AND REPEALING CLAUSE.) This act applies to all cases of birth out of wedlock where birth occurs after this act takes effect, except that section 35 applies to all cases occurring after this act takes effect. As to all such cases all acts or parts of acts inconsistent with this act are hereby repealed.

Approved March 2nd, 1923.

CHAPTER 166.

(S. B. No. 186-Baird and Baker.)

DESERTION OR NON-SUPPORT OF WIFE OR CHILD.

An Act Relating to the abandonment or neglect of wife or child, and the desertion and non-support of family, and for the repeal of Sections 9589 to 9603 inclusive, Compiled Laws of North Dakota 1913.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. Every parent or other person having legal responsibility for the care or support of a child who is under the age of sixteen years, and unable to support himself by lawful em ployment, who deserts and fails to care for and support such child with intent wholly to abandon him, and every husband, who, without lawful excuse, deserts and fails to support his wife, while pregnant, with intent wholly to abandon her, is guilty of a felony and upon conviction shall be punished therefor by imprisonment in the state prison for not more than five years. Desertion or a failure to support a child or pregnant wife for a period of three months shall be presumptive evidence of intention wholly to abandon.

Sec. 2. Every man, who without lawful excuse, wilfully fails to furnish proper food, shelter, clothing or medical attendance to his wife; and every person having legal responsibility for the care or support of a child who is under sixteen years of age, unable to support himself by lawful employment, who wilfully fails to make proper provision for such child is guilty of a felony, and upon conviction thereof shall be punished therefor by imprisonment in the state penitentiary for not more than five years, but, before the trial, with the consent of the defendant, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalty hereinbefore provided, or in addition thereto, the court in its discretion, having regard to the circumstances and to the financial ability or earning capacity of the defendant, may make an order accepting the bond of the defendant to the state, in such amount and with such sureties as the court prescribes and approves, conditioned to furnish the wife or child with proper food, shelter, clothing and medical attention, for such a period, not exceeding five years, as the court may order, and in such a case, if there has been a plea of guilty or a conviction, judgment shall be suspended until some condition of the bond is violated. The bond may, in the discretion of the court, be conditioned upon the payment of a specified sum of money at stated intervals. Upon the filing of an affidavit showing the violation of any of the conditions of the bond, the accused shall be heard upon an order to show cause, and if the charge be sustained the court may proceed with the trial of the defendant under the original charge, or pronounce' sentence under the original conviction, or enforce the suspended sentence, as the case may be. The wife or child, and any person furnishing necessary food, shelter, clothing and medical attendance to either, may sue upon the bond for a breach of any condition thereof.

Sec. 3. In any prosecution for desertion or for failure to support a wife or child no other or greater evidence shall be required to prove the relationship of the defendant to such wife or child than is or shall be required to prove such relationship in a civil action.

Sec. 4. REPEAL.) Section 9589, 9590, 9591, 9592, 9593, 9594, 9595, 9596, 9597, 9598, 9599, 9600, 9601, 9602 and 9603, Compiled Laws of 1913, and all acts or parts of acts inconsistent herewith are hereby repealed.

Approved March 5th, 1923.

CHAPTER 167.

(S. B. No. 192-Baird and Baker.)

INDECENT LIBERTIES.

An Act Relating to indecent liberties.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. Every person who shall take any indecent liberty with or on the person of any child, which act under law does not amount to rape, or attempt to commit rape, or assault, with intent to commit rape, or sodomy, or other crime against nature, shall be guilty of a felony and shall be punished by imprisonment in the penitentiary not less than one year nor more than two years.

Approved March 2nd, 1923.

CHAPTER 168.

(S. B. No. 190-Baird and Baker.)

TRIAL OF MINORS.

An Act Providing for the exclusion of spectators from the trial of minors. Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. At the trial of a minor under the age of eighteen years charged with any crime, the judge or magistrate, prior to his being brought into the court room, shall clear the same of all persons, except officers of the court, attorneys, witnesses and rela tives.

Approved March 2nd, 1923.

CHAPTER 169.

(S. B. No. 35-Kaldor.)

PUBLIC DANCES.

An Act Relative to the Admission of Persons under Eighteen Years of Age to Public Dances, and Requiring the posting of a copy of the Law and Prescribing Penalty for its Violation.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Sec. 1. No proprietor, lessee, or manager and no employee or agent of any proprietor, lessee, or manager of any hall, room, pavilion, bowery, platform or other structure in or on which dancing is practiced and to which the public generally is invited to participate by paying an admission fee in money or other token of value, shall admit, while dancing is practiced in or on such place, any person under the age of eighteen years, unless such person is accompanied by a parent or guardian.

Sec. 2. A copy of this act shall be posted in a conspicuous place at the entrance of every hall, room, pavilion, bowery, platform or other structure where public dancing is practiced.

Sec. 3. PENALTY.) Whoever violates any of the provisions of this Act shall be punished by a fine not exceeding one hundred dollars and not less than twenty-five dollars or by imprisonment in a County Jail not to exceed thirty (30) days or by both such fine and imprisonment, in the discretion of the court.

Approved February 19th, 1923.