prison or place of confinment, or in any court-room, or in any vehicle for transportation in company with adults charged with or convicted of crime. 9. Whenever any child is brought before any court or magistrate, to be dealt with under any of the subdivisions of this section, instead of committing such child to confinment in any institution, the court or magistrate may place such child under the custody of a probation or parole officer, and at any time within one year thereafter such court or magistrate, may issue a warrant for such child, and after giving such child an opportunity to be heard, may make the commitment which could have been made in the first instance as aforesaid. The foregoing provision shall not apply to a children's court created by special enactment in cities of the first class but this exception shall not be construed as taking away or limiting any jurisdiction now possessed by such children's courts. Juvenile female delinquents, committed under sections 485 and 486, to re formatories and correctional institutions are to be regarded as disorderly per sons rather than as paupers and the expenses of their maintenance is a county charge. Supreme Court, September, 1910, St. Agnes Training School v. Eris County, 68 Misc. 648. Detention of children in police department building, unlawful. STATE OF NEW YORK: ATTORNEY-GENERAL'S OFFICE, ALBANY, April 7, 1905. Hon. ROBERT W. HEBBERD, Secretary, State Board of Charities, Albany, N. Y.: DEAR SIR.I acknowledge the receipt of your favor of the 5th inst. You inquire whether it is lawful, under the provisions of section 291 of the Penal Code, to confine children in the detention room in the police department building in the city of Syracuse, which adjoins rooms used by adult females, charged with, or convicted of, crime. Section 291, subd. 6, of the Penal Code, provides, among other things as follows: "No child under restraint or conviction, actually or apparently under the age of sixteen years, shall be placed in any prison or place of confinement, or in any court room, or in any vehicle for transportation, in company with adults charged with or convicted of crime." Without reciting in detail the history of this legislation, I think its purpose was to completely separate the child from the adult in places of detention. This particular provision is to be read in connection with other pro visions of law relating to the same subject. You will note that, in subdivision 7 of section 291, the law has provided that the trial of children under sixteen shall be had separate and apart from the trial of other criminal cases, and whenever practicable in a separate court room, to be known as the children's court. I think, therefore, that it was the clear purpose of this legislation that a child, actually or apparently under sixteen years of age, which is in custody by virtue of any provision of law, shall be detained in a separate building, wherever practicable, and where not practicable in such part of a building used for the detention of adults, so completely apart from the place where such adults are confined that the child shall not come in contact with the adults under any circumstances, and shall not be near enough to the adults so confined so as to hear any of the conversation engaged in by them. While you have not informed me of the physical details of the police department building to which you refer, I am of the opinion that it was clearly the intention of the statute that children should not be detained in a building of that character. Yours respectfully, JULIUS M. MAYER, 487. Children's courts.-All cases involving the commitment or trial of children, actually or apparently under the age of sixteen years, for any violation of law, in any court shall be heard and determined by such court, at suitable times to be designated therefor by it, separate and apart from the trial of other criminal cases, of which session a separate docket and record shall be kept. All such cases shall, so far as practicable, be heard and determined in a separate court room to be known as the children's court and to be used exclusively for the examination and trial of children, actually or apparently under the age of sixteen years, charged with any offense. And all such cases and cases of offenses by, or against the person of, a child under the age of sixteen years shall have preference over all other cases, before all magistrates and in all courts and tribunals in this state both civil and criminal; and where a child is committed or detained as a witness in any case such case shall be brought to trial or otherwise disposed of without delay, whether the defendant be in custody or enlarged on bail. By this section certain acts or conduct on the part of children render them liable to be arrested and dealt with as vagrants. Supreme Court, January, 1883, Matter of McMahon, 1 N. Y. Cr. 60; 64 How. 285. It is not necessary to show that the children were found wandering in the streets. Supreme Court, October, 1883, Matter of Moses, 1 N. Y. Cr. 512. To justify a commitment of a child under section 291, subd. 2, of the Penal Code, as being "abandoned or improperly exposed" such abondonment or improper exposure must be by the parents or the person or persons having it in charge. A child of good character who on a single occasion and while about to return to her home is found in the company of a reputed prostitute of whose character she is ignorant does not "frequent," nor is she in the company of, reputed prostitutes, within section 291, subd. 4, of the Penal Code. Supreme Court, May, 1887, People ex rel. Van Riper v. Catholic Protectory, 19 Abb. N. C. 142, 148; Supreme Court, May, 1887; sub nominee, People ez rel. Van Riper v. Home of the Good Shepherd, 44 Hun, 529; 5 N. Y. Cr. 139, 504; 11 St. Rep. 155. Where the examining magistrate commits the child without summoning its guardian, if there be one, the child will be discharged on habeas corpus. Supreme Court, October, 1883, Matter of Maloney, 2 N. Y. Supp. 248; 4 id. 428. § 488. Sending messenger boys to certain places.-A corporation or person employing messenger boys who: 1. Knowingly places or permits to remain in a disorderly house, or in an unlicensed saloon, inn, tavern or other unlicensed place where malt or spirituous liquors or wines are sold, any instrument or device by which communication may be had between such disorderly house, saloon, inn, tavern or unlicensed place, and any office or place of business of such corporation or person; or, 2. Knowingly sends or permits any person to send any messenger boy to any disorderly house, unlicensed saloon, inn, tavern, or other unlicensed place, where malt or spirituous liquors or wines are sold, on any errand or business whatsoever except to deliver telegrams at the door of such house, Is guilty of a misdemeanor, and incurs a penalty of fifty dollars to be recovered by the district attorney. $489. Furnishing minors in reformatories with tobacco prohibited. A person or officer who sells or gives any cigar, cigarette, snuff or tobacco in any of its forms to any minor undergoing confinment or sentence in any reformatory, penitentiary or house of refuge in this state is guilty of a misdemeanor. 490. Duty of officers.-A constable or police officer must, and any agent or officer of any incorporated society for the pre vention of cruelty to children may arrest and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of this article and any minor coming within any of the descriptions of children mentioned in section four hundred and eighty-five, four hundred and eighty-six, or in four hundred and eighty-seven. Such constable, police officer or agent may interfere to prevent the perpetration in his presence of any act forbidden by this article. A person who obstructs or interferes with any officer or agent of such society in the exercise of his authority under this article is. guilty of a misdemeanor. 491. Fines to be paid to society for prevention of cruelty to children. All fines, penalties and forfeitures imposed or collected for a violation of the provisions of this chapter, or of any act relating to, or affecting children, now in force or hereafter passed, must be paid on demand to the incorporated society for the prevention of cruelty to children in every case where the prosecution shall be instituted or conducted by such a society; and any such payment heretofore made to any such society may be retained by it. § 492. Concealing birth of a child.-A person who endeavors to conceal the birth of a child, by any disposition of the dead body of the child, whether the child died before or after its birth, is guilty of a misdemeanor. § 493. Taking apprentice without consent of guardian.-A person who takes an apprentice without having first obtained the consent of his legal guardian, or unless a written agreement has been entered into as prescribed by law, is guilty of a misdemeanor. § 494. 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: 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 of and upon your failure to appear at the time and place herein mentioned you are liable to a fine not exceeding twenty-five dollars. |