to what institution, and the time for which committed; nor shall any county superintendents, overseers of the poor, board of charity, or other officer, send any child under the age of sixteen years, as a poor person, to any county almshouse, for support and care, or retain any such child in such almshouse, but shall provide for such child or children in families, orphan asylums, hospitals, or other appropriate institutions for the support and care of children as provided by law, except that a child under two years of age may be sent with its mother, who is a poor person, to any county almshouse, but not longer than until it is two years of age. The boards of supervisors of the several counties, and board of estimate and apportionment of the city of New York, and the appropriate board or body in other cities and towns shall take such action in the matter as may be necessary to carry out the provisions of this section. When any such child is committed to an orphan asylum or reformatory, it shall, when practicable, be committed to an asylum or reformatory that is governed or controlled by persons of the same religious faith as the parents of such child. When any child who shall have been placed in an asylum, or other institution, as a poor person, in pursuance of this section, shall remain therein at the expense of the county or town to which such poor child is chargeable, the superintendents of the poor of such county, or the overseer of the poor of such town, may remove such child from such asylum or other institution and place such child in some similar institution or make such other disposition of such child as is provided by law. (Amended by L. 1909, ch. 347.)

Criminal Code.

(L. 1881, ch. 442.)

S771. Judgment of supreme court upon appeal final. The judgment of the appellate division of the supreme court upon the appeal is final; except that where the original appeal was from a judgment of commitment of a child, either party may appeal to the court of appeals in like manner as a defendant under section five hundred and nineteen of this Code. (Amended by L. 1890, ch. 39; L. 1895, ch. 880.)

NOTE. Section relates to appeals from courts of special sessions.

Commitments in Certain Counties.

(L. 1920, ch. 295.)

AN ACT in relation to the commitment of women and girls of the age of sixteen years and over in the counties of Kings, Queens, Nassau and Suffolk.

Section 1. Whenever any woman or girl of the age of sixteen and over shall be brought by any peace officer, or shall voluntarily come, before any court, committing magistrate or justice of the peace in the counties of Kings, Queens, Nassau or Suffolk, and it

shall be proven to the satisfaction of such court, committing magistrate or justice of the peace, by the confession of such woman or girl or by competent testimony, that such woman or girl

1. Is found in a reputed house of prostitution or assignation or in company with, or frequenting the company of, thieves or prostitutes, or is found associating with vicious or dissolute persons, or is wilfully disobedient to parent or guardian, and is in danger of becoming morally depraved, or

2. Is a prostitute or is of intemperate habits and has not been an inmate of a state prison or penitentiary, or

3. Is a vagrant, or

4. Is convicted of petit larceny, and is sixteen years of age or over, and has not been an inmate of a state prison or penitentiary, such court, committing magistrate or justice of the peace may adjudge that it is for the welfare of such woman or girl that she be placed in a training school or home, and may thereupon commit such woman or girl to the Wayside Home at Valley Stream, Nassau county, New York, or the House of the Good Shepherd, Brooklyn, and such institutions are hereby authorized to receive and hold women and girls so committed.

§ 2. Every commitment under this act shall state the name and age of the woman or girl so committed, together with the cause of her commitment, and the name of the institution to which she is committed. Such commitment shall not be for a definite term, but a woman or girl so committed shall not in any case be detained longer than three years. Notwithstanding the provisions of chapter six hundred and fifty-nine of the laws of nineteen hundred and ten or of any other statute, every commitment of a woman or girl, under any law, to the Wayside Home or House of the Good Shepherd shall be under an indeterminate sentence and not for a definite term; but the person so committed shall not be detained longer than as above provided. No commitment made under this act which shall recite the fact upon which it is based, shall be deemed or held to be invalid by reason of any imperfection or defect in form.

§ 3. Any person committed under the provisions of this act to either of the institutions above named may be released or paroled from such institution at any time after her commitment upon the written certificate of the responsible head of such institution, setting forth the reason for such release or parole, to which is attached an indorsement of an officer of the board of managers of such institution. No person shall be released within six months after commitment without the written consent indorsed upon such certificate of the court, magistrate or justice of the peace making such commitment, or, if the magistrate or justice of the peace who made the commitment be absent, disabled or no longer a magistrate or justice of the peace, of the magistrate or justice of the peace who succeeded him. In all cases all certificates and all

reports and papers connected therewith shall be filed with the papers in the case and shall be a part of the court record.

§ 4. The expense of any commitment under this act to either of the institutions above named and the expense of the care and maintenance of such woman or girl in the institution to which committed as hereinabove provided shall in all cases be a county charge in the county from which the commitment was made.

§ 5. Any person committed under the provisions of this act to either of the institutions above named who in the opinion and judgment of the responsible head of such institution is unfitted to benefit by the discipline and training of such institution may be returned to the court, magistrate or justice of the peace by whom she was committed, or, if the magistrate or justice of the peace who made the commitment be absent, disabled or no longer a magistrate or justice of the peace, to the magistrate or justice of the peace who succeeded him, upon the written certificate of the responsible head of such institution setting forth the reasons for such return, to which shall be attached the indorsement of an officer of the board of managers of such institution, and thereupon such court, magistrate, or justice of the peace may sentence and commit such woman or girl to the New York State Reformatory for Women at Bedford, to be there confined under the provisions of law relating to such institution. Such commitments to the New York State Reformatory for Women at Bedford shall not be for a definite term, but any such woman or girl may be paroled or discharged at any time after her commitment by the board of managers of such institution, but shall not in any case be detained longer than three years. Upon such commitment to the New York State Reformatory at Bedford section two hundred and twenty-six of the state charities law shall be complied with.

I. Constitution.

CHAPTER 10.

CHILDREN'S COURTS.

II. Children's courts generally.

III. Children's court of New York city.
IV. Children's court of Buffalo.

V. Children's court of Monroe county.
VI. Children's court of Syracuse.

VII. Children's court of Ontario county.
VIII. Children's court of Chautauqua county.

1. CONSTITUTION.

Art. 6, § 18. Inferior local courts of civil and criminal jurisdiction may be established by the legislature, but no inferior local court hereafter created shall be a court of record. Except as herein provided the legislature shall not hereafter confer upon any inferior or local court of its creation, any equity jurisdiction or any greater jurisdiction in other respects than is conferred upon county courts by or under this article. The legislature may establish children's courts, and courts of domestic relations, as separate courts, or as parts of existing courts or courts hereafter to be created, and may confer upon them such jurisdiction as may be necessary for the correction, protection, guardianship and disposition of delinquent, neglected or dependent minors, and for the punishment and correction of adults responsible for or contributing to such delinquency, neglect or dependency, and to compel the support of a wife, child or poor relative by persons legally chargeable therewith who abandon or neglect to support any of them. In conferring such jurisdiction the legislature shall provide that whenever a child is committed to an institution or is placed in the custody of any person by parole, placing out, adoption or guardianship, it shall be so committed or placed, when practicable, to an institution governed by persons, or in the custody of a person, of the same religious persuasion as the child. In the exercise of such jurisdiction such courts may hear and determine such causes, with or without a jury, except those involving a felony. Except as herein otherwise provided, all judicial officers shall be elected or appointed at such times and in such manner as the legislature may direct.

II. CHILDREN'S COURTS GENERALLY.

It is

NOTE. A revision of the following Children's Court Act was proposed in the legislature of 1923, but consideration was postponed until 1924. probable that a revision will then be enacted, making material changes.

(L. 1922, ch. 547.)

AN ACT establishing children's courts, defining their jurisdiction, power and duties, and regulating procedure therein.

23. Mental and physical examinations; treatment.

24. Modification, setting aside or vacating of judgment.

25. Religion of custodial persons and agencies.

26. Placements; commitments; records.

27. Powers and jurisdiction of other courts.

ARTICLE IV.

PERSONNEL; DUTIES.

Section 35. Officers and other employees; appointment, et cetera. 36. Powers and duties of probation officers.

37. Co-operation of officials and organizations.

ARTICLE V.

GENERAL PROVISIONS.

Section 40. Compensation and liability for support and care.

41. Expenses and disbursements.

42. Judge may hold court in any place in county; may appoint com

missions.

43. Appeals.

44. Seal; rules; forms.

45. General provisions; court records; construction.

46. Existing children's courts continued; adoption of act in certain counties.

47. Appropriations; when courts shall function.

48. When act takes effect.