4. Neglects, refuses or omits to comply with any provisions of this section, or violates the provisions of such license, is guilty of a misdemeanor. Every such license must specify the name and residence of the person so undertaking the care of such females or children, and the place and the number of females or children thereby allowed to be received, boarded and kept therein, and shall be revocable at will by the authority granting it. Every person so licensed must keep a register wherein he shall enter the name and ages of all such children and of all children born on said premises, and the names and residences of their parents, as far as known, the time of the reception and discharge of such children and the reasons therefor, and also a correct register of the name and age of every child under the age of five years who is given out, adopted, taken away or indentured from such place to or by any one, together with the name and residence of the person so adopting, taking or indenturing such child; and shall cause a correct copy of such register to be sent to the authority issuing such license within forty-eight hours after such child is so given out, adopted, taken away or indentured. It shall be lawful for the officers of any incorporated society for the prevention of cruelty to children and of such board of health at all reasonable times to enter and inspect the premises wherein such females and children are so boarded, received or kept, and also such license, register and children. All places for which such a license shall have been issued shall be reinspected at least once in each month by the local health officer or his authorized agent, and a written report of such reinspection shall be made to the local board of health by said health officer, and filed in his office. Every such license shall expire on the thirty-first day of May after its issue and may be renewed after a reinspection of the premises by the local health officer or his duly authorized agent, and a written report thereon made to the local board of health and filed in his office. (Subd. amended by L. 1921, ch. 566.) 5. No institution shall be incorporated for any of the purposes mentioned in this section except with the written consent and approbation of a justice of the supreme court, upon the certificate in writing of the state board of charities approving of the organization and incorporation of such institution. The said board of charities may apply to the supreme court for the cancellation of any certificate of incorporation previously filed without its approval, and may institute and maintain an action in such court through the attorney-general to procure a judgment dissolving any such corporation not so incorporated and forfeiting its corporate rights, privileges and franchises. NOTE. See Health and Recreation; Day Nurseries and Boarding Houses. Page 190. § 483. Endangering life or health of child. A person who: 1. Wilfully causes or permits the life or limb of any child actually or apparently under the age of sixteen years to be endangered, or its health to be injured, or its morals to become depraved; or, 2. Wilfully causes or permits such child to be placed in such a situation or to engage in such an occupation that its life or limb is endangered, or its health is likely to be injured, or its morals likely to be impaired, Is guilty of a misdemeanor. § 50. Abandonment of pregnant women. A man who abandons his wife, while she is pregnant and in destitute circumstances or liable to become a burden upon the public, is guilty of a felony. (Added by L. 1921, ch. 101.) § 494. *Punishment of parents, guardians or other persons for contributing to the delinquency and offenses of children. 1. A parent, guardian or other person having custody of a child actually or apparently under sixteen years of age, who omits to exercise reasonable diligence in the control of such child to prevent such child from becoming guilty of juvenile delinquency as defined by statute, or from becoming adjudged by a children's court in need of the care and protection of the state as defined by statute, or who permits such a child to associate with vicious, immoral or criminal persons, or to grow up in idleness, or to beg or solicit alms, or to wander about the streets of any city, town or village late at night without being in any lawful business or occupation, or to furnish entertainment for gain upon the streets or in any public place, or to be an habitual truant from school, or to habitually wander around any railroad yard or tracks, to enter any house of prostitution or assignation, or any place where gambling is carried on, or any gambling device is operated, or any policy shop, or to enter any place where the morals of such child may be endangered or depraved or may be likely to be impaired, and any such person or any other person who knowingly or wilfully is responsible for, encourages, aids, causes, or connives at, or who knowingly or wilfully does any act or acts to produce, promote or contribute to the conditions which cause such child to be adjudged guilty of juvenile delinquency, or to be in need of the care and protection of the state, or to do any of the acts hereinbefore enumerated, shall be guilty of a misdemeanor. 2. Any magistrate presiding over a court having the jurisdiction hereinafter conferred upon it may upon an oral or written complaint, or upon his own instance, when he has reason to believe that any parent or guardian or other person should be prosecuted under the provisions of this act, issue a summons directed to such parent, guardian or other person substantially as follows: * Section title inserted by editor. IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK: To..... You are hereby summoned to appear before... court at to the end that an investigation may be made into the charge that you have contributed to or are responsible for (state charge) of ... (Name of child) and upon your failure to appear at the time and place herein mentioned you are liable to a fine not exceeding twenty-five dollars. Dated at .... day of this ...... ? (Signed by magistrate.) 1910. Such summons may be served by a police officer or by any other person designated by the magistrate, and if the person summoned does not appear such failure to appear shall constitute contempt, and may be punishable by a fine not exceeding twenty-five dollars. The magistrate may issue subpoenas subject to the same penalties for disobedience thereof, or refusal to testify thereunder, as provided for in the code of civil procedure. Upon the return of the summons the magistrate shall inquire into the subject-matter of the charge. Whenever during the investigation the magistrate is satisfied from sworn testimony that there is sufficient cause for a warrant to issue, instead of issuing the warrant, if he deems it for the best interest of the person summoned and the state, upon the consent of the person summoned given in open court, the magistrate may adjourn the investigation from time to time for a period. aggregating not more than one year and place the person summoned under the oversight of a probation officer during the adjournment, or may cause the person summoned to give a bond to the people of the state of New York, for not to exceed one year, with or without sureties, in such sum not to exceed two hundred and fifty dollars as he may direct. The probation officer cannot require the person so placed under his oversight to do more than to satisfy inquiries regarding the conduct or condition of the child, or regarding the conduct or condition of such person in so far as it relates to the conduct or condition of the child. The condition of such bond shall be that if the obligor shall exercise reasonable diligence during the time fixed in the bond, which can not exceed the period of adjournment, to prevent a continuance or repetition of the condition, conduct, act, acts, offense or offenses of such child as was the special cause of the investigation, and if charged with the custody of the child also to exercise reasonable diligence in the discipline and control of such child, and appear in court from time to time as ordered, then the bond shall be void, otherwise in full force and effect. On the adjourned day the person summoned must appear in court and if the magistrate is satisfied that the person summoned has exercised reasonable diligence to prevent such continuance or repetition of the condition, conduct, act, acts, offense or offenses of such child, and if charged with the custody of the child has also exercised reasonable diligence in the discipline and control of such child during the period of adjournment he must dismiss the proceeding and cancel the bond, if any. If he is not so satisfied he must either issue the warrant, or upon the consent of the person summoned given in open court he must continue the adjournment, probationary oversight and bond, if any, but all of such adjournments cannot exceed one year from the date of the first adjournment. Nothing herein contained shall interfere with the right of a magistrate to issue the warrant in the first instance upon sworn information, or at the close of the investigation, and the magistrate who presided at the investigation, or his successor, may at any time during the adjournment, upon notice to the person summoned to appear and show cause, revoke and cancel the adjournment and issue the warrant. 3. Whenever a person is convicted of the misdemeanor hereinbefore defined and sentence is suspended the court may place the defendant upon probation for a period of not more than one year; provided that the court may cause the defendant to give a bond to the people of the state of New York, with or without sureties, in a sum not to exceed five hundred dollars. The condition of such bond shall be that if the obligor shall exercise reasonable diligence during the time fixed in the bond, which cannot exceed one year, to prevent a continuance or repetition of the condition, conduct, act, acts, offense or offenses of such child which was the cause of defendant's prosecution, and if charged with the custody of the child also to exercise reasonable diligence in the discipline and control of such child and appear in court from time to time as ordered, then such bond shall be null and void, otherwise in full force and effect. The magistrate who presided at the trial, or his successor, if he is satisfied that the defendant has violated the terms and conditions of probation and bond, if any, may at any time revoke and cancel the suspension of sentence and probation and impose sentence. 4. The prosecution of all bonds given during an adjournment of an investigation or after conviction herein shall be upon the order of the magistrate who presided at the investigation or trial, or his successor, and all money collected on such bonds shall in the discretion of such magistrate be deposited in the office of the county treasurer to be expended under the orders of the magistrate or his successor for the benefit of the child or children in whose interest such bond is given. 5. Original and exclusive jurisdiction of all proceedings, investigations and trials instituted under this act is limited to courts of special sessions, police and city courts presided over by magistrates who hold or are assigned to children's courts, except in the city of New York where the jurisdiction is hereby conferred upon and shall be exercised by the city magistrates. (Section added by L. 1910, ch. 699.) III. SUPPORT OF CHILDREN. Criminal Code. (L. 1881, ch. 442.) § 921. Parents leaving their children chargeable to the public, how proceeded against. a. When the father, or the mother being a widow or living separate from her husband, absconds from the children, or a husband from his wife, leaving any of them chargeable or likely to become chargeable upon the public, the officers mentioned in section nine hundred and fourteen may apply to any two justices of the peace or police justices in the county in which any real or personal property of the father, mother or husband is situated, for a warrant to seize the same. Upon due proof of the facts, the magistrate must issue his warrant, authorizing the officers so applying to take and seize the property of the person so absconding. b. Whenever any child shall be committed to an institution pursuant to any provision of law, any criminal court or magistrate may issue a summons or warrant for a parent of the child or any other person required by law to maintain or support such child, and examine into his or her ability to maintain such child in whole or in part; and if satisfied that such parent or other person is able to contribute toward the support of the child, then such court or magistrate shall, by order, require the weekly payment by such parent or other person of such sum and in such manner as shall be in said order directed, towards the maintenance of such child in such institution, which amount when paid shall be credited by the institution to the city, town or county against any sums due to it therefrom on account of the maintenance of the child. In case any city, town or county shall have paid any sums to any such institution on account of the maintenance of such child on the request in writing of the officers in charge of the administration of the poor law for such city, town or county, such criminal court or magistrate may at any time within five years after such payment issue a summons or warrant, as above, for the parent, or other person required by law to maintain or support such child, may examine into his or her ability to maintain such child, in whole or in part, and may make an order for the repayment to such city, town or county, in whole or in part, of the sums so expended by it on account of the maintenance of such child. (Amended by L. 1888, ch. 220; L. 1903, ch. 13; L. 1920, ch. 473; L. 1922, ch. 67.) § 922. Seizure of their property; transfer thereof, when void. The officers so applying may seize and take the property, wherever it may be found in the same county; and are vested with all the rights and title thereto which the person absconding then had. The sale or transfer of any personal property, left in the county |