Section 887. Who are vagrants. The following persons are vagrants:

1. A person who, not having visible means to maintains himself, lives without employment;

2. A person who, being an habitual drunkard, abandons, neglects, or refuses to aid in the support of his family;

3. A person who has contracted an infectious or other disease, in the practice of drunkenness or debauchery, requiring charitable aid to restore him to health;

4. A common prostitute, who has no lawful employment, whereby to maintain herself;

5. A person wandering abroad and begging, or who goes about from door to door, or places himself in the streets, highways passages, or other public places, to beg or receive alms;

6. A person wandering abroad and lodging in taverns, grocer ies, ale-houses, watch or station-houses, outhouses, market places. sheds, stables, barns or uninhabited buildings, or in the open ai and not giving a good account of himself;

7. A person, who, having his face painted, discolored, cover or concealed, or being otherwise disguised, in a manner calculated to prevent his being identified, appears in a road or public high way, or in a field, lot, wood or inclosure;

8. Any child between the age of five and fourteen, having sufficient bodily health and mental capacity to attend the publi schools, found wandering in the streets and lanes of any city o: incorporated village, a truant, without any lawful occupation.

9. (Repealed by chapter 381 of the Laws of 1910. See § 1148 of the Penal Law.)

10. A person who has been more than once convicted as a pickpocket, thief, or burglar, and having no visible means of support, found loitering about steamboat landings, railroad stations, banking institutions, crowded thoroughfares, cars, omnibuses, hotels, or any public gatherings or assembly, and unable to give a satisfactory explanation of his presence. (Added by chpter 616 of the Laws of 1907.)

§ 887a. Tramp defined.-A tramp is any person, not blind, over sixteen years of age, and who has not resided in the county in which he may be at any time for a period of six months prior thereto, who

1. Not having visible means to maintain himself, lives without employment; or

2. Wanders abroad and begs, or goes about from door to door, or places himself in the streets, highways, passages or public places to beg or receive alms; or

3. Wanders abroad and lodges in taverns, groceries, ale-houses, watch or station houses, outhouses, market places, sheds, stables, barns or uninhabited buildings, or in the open air, and does not give a good account of himself.

(Added by chapter 664 of the Laws of 1898.)

§ 888. Proceedings before magistrate. When complaint is made to any magistrate by any citizen or peace officer against any vagrant under subdivision eight of the last section, such magistrate must cause a peace officer to bring such child before him for examination, and shall also cause the parent, guardian or master of such child, if the child has any, to be summoned to attend such examination. If thereon the complaint shall be satisfactorily established, the magistrate must require the parent, guardian or master to enter into an engagement in writing to the corporate authorities of the city or village, that he will restrain such child from so wandering about, will keep him in his own premises, or in some lawful occupation and will cause him to be sent to some school at least four months in each year until he becomes fourteen years old. The magistrate may, in his discretion, require security for the faithful performance of such engagement. If the child has no parent, guardian or master, or none can be found, or if the parent, guardian or master refuse or neglect, within a reasonable time, to enter into such engagement, and to give such security, if required, the magistrate shall make the like disposition of such child as is authorized to be made by section two hundred and ninety-one of the Penal Code, of children coming within the descriptions therein mentioned. (As amended by chapter 220 of the Laws of 1888.)

§ 889. Examination as to residence.- When complaint is made to any magistrate by any citizen or peace officer against a person

under sections one, five or six of section eight hundred and eightyseven, the magistrate must, upon the examination of such person, cause testimony to be taken as to his residence, and if it appears that such person has not resided in the county for a period of six months prior to his arrest, such magistrate shall not commit such person as a vagrant, as provided by this article; but if he finds that such person is guilty of an offense charged in one of such subdivisions, and such person is not blind or under sixteen years of age, the magistrate shall adjudge him to be a tramp, and commit him to a penitentiary, as required by law. On such examination the uncorroborated testimony of the defendant as to his place of residence shall not be deemed sufficient proof thereof. (Added by chapter 664 of the Laws of 1898.)

§ 890. Peace officers, when required by any person, to carry vagrant before a magistrate for examination.-A peace officer must, when required by any person, take a vagrant before a justice of the peace or police justice of the same city, village or town, or before the mayor, recorder, or city judge, or judge of the general sessions of the same city, for the purpose of

examination.

§ 891. Vagrant, when to be convicted; form of certificate of conviction. If the magistrate be satisfied, from the confession of the person so brought before him, or by competent testimony, that he is a vagrant, and has resided in the county for a period of six months prior to his arrest, he must convict him, and must make and sign, with his name of office, a certificate substantially in the following form:

"I certify that A. B., having been brought before me, charged with being a vagrant, I have duly examined the charge, and that upon his own confession in my presence (or upon the testimony of C. D.,' et cetera, naming the witnesses), by which it appears that he is a person (pursuing the description contained in the subdivision of section eight hundred and eighty-seven, which is appropriate to the case,) and (if convicted under subdivisions one, five or six of section eight hundred and eighty-seven) that he has resided in the county of ..... for a period of six months immediately prior to his arrest, I have adjudged that he is a vagrant.

may be.) (As amended by chapter 664 of the Laws of 1898.) § 892. Certificate to constitute record of conviction, and to be filed; commitment of vagrants.- The magistrate must immediately cause the certificate which constitutes the record of conviction, together with the testimony taken before him as to the residence of such vagrant, to be filed in the office of the clerk of the county, and must, by a warrant signed by him, with his name of office, commit the vagrant, if not a notorious offender and a proper object for such relief, to the county poorhouse, if there be one, or to the almshouse or poorhouse of the city, village or town, for not exceeding six months at hard labor, or, if the vagrant be an improper person to be so committed, he must be committed for a like term to the county jail. In those counties of the state where the distinction between county poor and town poor is maintained, the expense of the conviction and maintenance during the commitment of any vagrant committed to any one of the places of confinement above specified, who shall, at the time of such commitment, have obtained a legal settlement in one of the towns of the county in which said persons shall be convicted, shall be a charge upon the town where they may reside at the time of such commitment. (As amended by chapter 664 of the Laws of 1898.)

§ 893. Repealed by section 5, chapter 220 of the Laws of 1888. § 894. Arrest of vagrants. It is the duty of every peace officer of the county, city, village or town, where a person described in the seventh subdivision of section eight hundred and eighty-seven is found, to arrest and take him before a magistrate mentioned in section eight hundred and eighty-eight, to be proceeded against as a vagrant. (As amended by chapter 360 of the Laws of 1882.)

§ 895. Private citizen may do so without warrant.- A private citizen of the county may also, without warrant, exercise the powers conferred upon a peace officer by the last section.

§ 896. Peace officer may require aid. Duty of persons required to aid him. In the execution of the duties imposed by section eight hundred and ninety-four, the peace officer may command the

aid of as many male inhabitants of his county, city, village or town, as he may think proper; and a citizen so commanded, may provide himself or be provided, with such means and weapons as the officer giving the command may designate.

§ 897. Neglect or refusal to aid peace officer, without lawful cause, a misdemeanor. Punishment.Punishment. A person commanded to aid the officer, as prescribed in the last section, and who without lawful cause refuses or neglects to do so, is guilty of a misdemeanor, and is punishable by a fine not exceeding two hundred and fifty dollars, or by imprisonment not exceeding one year, or both.

§ 898. Magistrate may depute an elector of the county to make arrest of person disguised. If his name be not known, fictitious name may be used.-A magistrate to whom complaint is made against a person charged as a vagrant, as described in the seventh subdivision of section eight hundred and eighty-seven, may, by a warrant, signed by him with his name of office, depute an elector of the county to arrest and bring the vagrant before him, to answer the complaint; and if the name of the person complained of be not known, he may be described in the warrant and in all subsequent proceedings thereon, by a fictitious name.

§ 35. Children's courts.

There shall always be at least one separate part of the court in each county designated as the children's court for the hearing and disposition of proceedings and cases involving the trial of children, and each of such courts shall be held in some building separate and apart from one used for the trial of aduits, except that in the borough of Richmond the children's court may be held in the same building but in a room separate and apart from that used for the trial of adults.