§ 292. Certain employments of child prohibited. A person who employs or causes to be employed, or who exhibits, uses, or has in custody, or trains for the purpose of the exhibition, use or employment of, any child actually or apparently under the age of sixteen years; or who having the care, custody or control of such a child as parent, relative, guardian, employer, or otherwise, sells, lets out, gives away, so trains, or in any way proeures or consents to the employment, or to such training, or use, or exhibition of such child; or who neglects or refuses to restrain such child from such training, or from engaging or acting, either

1. As a rope or wire walker, gymnast, wrestler, contortionist, rider or acrobat; or upon any bicycle or similar mechanical vehicle or contrivance; or,

2. In begging or receiving or soliciting alms in any manner or under any pretense, or in any mendicant occupation; or in gathering or picking rags, or collecting cigar stumps, bones or refuse from markets; or in peddling; or,

3. In singing; or dancing; or playing upon a musical instrument; or in a theatrical exhibition; or in any wandering occupation; or,

4. In any illegal, indecent or immoral exhibition or practice; or in the exhibition of any such child when insane, idiotic, or when presenting the appearance of any deformity or unnatural physical formation or development; or

5. In any practice or exhibition or place dangerous or injurious to the life, limb, health or morals of the child, is guilty of a misdemeanor. But this section does not apply to the employment of any child as a singer or musician in a church, school or academy; or in teaching or learning the science or practice of music; or as a musician in any concert or in a theatrical exhibition, with the written consent of the mayor of the city, or the president of the board of trustees of the village where such concert or exhibition takes place. Such consent shall not be given unless forty-eight hours previous notice of the application shall have been served in writing upon the society mentioned in section two hundred and ninety-three of the Penal Code, if there be one within the county, and a hearing

had thereon if requested, and shall be revocable at the will of the authority giving it. It shall specify the name of the child, its age, the names and residence of its parents or guardians, the nature, time, duration and number of performances permitted, together with the place and character of the exhibition. But no such consent shall be deemed to authorize any violation of the first, second, fourth or fifth subdivisions of this section. (As amended by chapter 46 of the Laws of 1884; 31 of 1886; and 309 of 1892.)

This section is not unconstitutional as infringing on the rights of parents or those of the child. Supreme Court, July 21, 1892, People v. Ewer, 47 St. Rep. 501; 8 N. Y. Cr. 392.

$292a. Penalty for 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. (Added by chapter 692 of the Laws of 1893.)

§ 292b. 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. (Added by chapter 692 of the Laws of 1893.)

§ 293. Arrests, by whom made.-A constable or police officer must, and any agent or officer of any incorporated society for the prevention of cruelty to children may, arrest and bring before a court or magistrate having jurisdiction, anv person offending against any of the provisions of this chapter and any minor

coming within any of the descriptions of children mentioned in section two hundred and ninety-one, or in section two hundred and ninety-two. Such constable, police officer or agent may interfere to prevent the perpetration in his presence of any act forbidden by this chapter. A person who obstructs or interferes with any officer or agent of such society in the exercise of his authority under this chapter, is guilty of a misdemeanor. All fines, penalties and forfeitures imposed or collected for a violation of the provisions of this code 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. (As amended by chapter 145 of the Laws of 1888.)

*SENTENCE OF MINOR.

Section 713 of the Penal Code.

Sentence of minor.-When a person under the age of sixteen is convicted of a crime, he may, in the discretion of the court, instead of being sentenced to fine or imprisonment, be placed in charge of any suitable person or institution willing to receive him, and be thereafter, until majority or for a shorter term, subjected to such discipline and control of the person or institution receiving him as a parent or guardian may lawfully exercise over a minor. A child under sixteen years of age committed for misdemeanor, under any provision of this Code, must be committed to some reformatory, charitable or other institution authorized by law to receive and take charge of minors. And when any such child is committed to an institution, it shall when practicable, be committed to an institution governed by persons of the same religious faith as the parents of such child. (As amended by chapter 46 of the Laws of 1884.)

* See also section 701 of the Penal Code, page 91, which provides for commitments to the House of Refuge, Randall's Island, the State Industrial School (now the New York State Training School for Boys), and the New York State Training School for Girls.

REFORMATORY INMATES NOT TO BE EMPLOYED BY

CONTRACT.

AN ACT relating to the employment of children by contract in houses of refuge, reformatories and other correctional institutions.

Chapter 470, Laws of 1884.

Section 1. It shall be unlawful for the trustees or managers of any house of refuge, reformatory or other correctional institution, to contract, hire, or let by the day, week, or month, or any longer period, the services or labor of any child or children under, now or hereafter committed to or inmates of such institutions.

CHILDREN'S COURT, NEW YORK CITY.

AN ACT to amend the Greater New York charter, chapter thre hundred and seventy-eight of the Laws of eighteen hundred and ninety-seven, entitled "An act to unite into one municipality under the corporate name of the city of New York, the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens and to provide for the government thereof."

Chapter 466, Laws of 1901.

Section 1418. The justices of the special sessions of the first division shall assign a separate part for the hearing and disposition of cases heretofore within the jurisdiction of city magistrates involving the trial or commitment of children, which part shall be called the children's court; and in all such cases the justice or justices holding said court shall have all the powers, duties and jurisdiction now possessed by the city magistrates within said first division, and such other and further powers, duties and jurisdiction as are contained in the following sections:

The justices of the special sessions of the second division shall as soon as a special court building can be put in readiness assign a separate part for the hearing and disposition of cases hereto

fore within the jurisdiction of city magistrates, involving the trial or commitment of children, which part shall be called the children's court, second division, borough of Brooklyn; and in all such cases the justice or justices holding said court shall have all the powers, duties and jurisdiction now possessed by the city magistrates within said second division, except in the boroughs of Queens and Richmond, and such other and further powers, duties and jurisdiction as are contained in the following sections: Each of said children's courts shall be held by one or more of the justices of special sessions in their respective divisions, as the circumstances require in such manner as the said justices. shall by rule provide.

Whenever, under any provision of law, after said separate parts shall be assigned, a child under sixteen years of age, unless jointly charged with one or more persons above that age, is taken into custody it shall be the duty of the officer having the child in charge, and at the earliest time when a justice will be present, to take such child before the children's court, and shall not take said child, knowingly, to any city magistrate's court, or before any city magistrate, except for the purpose of giving bail. If through inadvertance any such child shall be arraigned before a city magistrate, it shall be the duty of such magistrate, as soon as the age of such child is discovered, to transfer the case to the children's court, in the division in which such case belongs, and if any papers have been prepared, to indorse the transfer thereon and to send the same with the officer to said court; and it is hereby made the duty of the officer to take such child with said papers to the children's court with all convenient speed, to be heard and disposed of, pursuant to law by the justice there presiding. The justices of the court of special sessions for the first division shall appoint a clerk and a deputy clerk for the children's court, first division, and such and so many officers and attendants, including a stenographer, as may be necessary, whose salaries, except the clerk, shall be fixed by the board of aldermen, on the recommendation of the board of estimate and apportionment. The salary of the clerk of the children's court, first division, shall be three thousand dollars per year, payable in monthly installments, and the clerk, appointed by the board of city magistrates in office at the time this act shall go