sions, unless an objection shall be interposed by the prosecution or the defense at or before the time the defendant, or defendants, are called upon to plead. If an objection be interposed, or thereafter, if permitted by the justice presiding, the case shall be adjourned to some future day when a trial may be had before three justices. Any order, determination or judgment of one of said justices when sitting alone, pursuant to the foregoing provisions, or any two of said justices when three are sitting, shall be the order, determination or judgment of the court of special sessions.

§ 39. Disposition of children in certain cases. In addition to the powers and jurisdiction now conferred by law, whenever a child is charged with an offense of the grade of a misdemeanor or under section twenty-one hundred and eighty-six of the penal law permitted to be tried as a misdemeanor, the justice sitting in the children's court shall so far as is consistent with the interest of the child and of the state consider the child not as upon trial for the commission of a crime, but as a child in need of the care and protection of the state; to that end he may, if the child or either parent or any guardian or custodian of such child shall so request, before proceeding with the trial of the child for the offense charged, or at any stage of the trial and before conviction, suspend the trial and inquire into all the facts and surrounding circumstances of the case, and if the justice shall so find, he may in his discretion, in lieu of proceeding with the trial, adjudge the child to be in need of the care and protection of the state and thereupon he shall deal with such child in all respects in the manner provided in section four hundred and eighty-six of the penal law in the case of a child not having proper guardianship.

§ 39-a. Examination and commitment of mentally defective and feeble-minded children. Whenever it shall appear to the justice sitting in the children's court at any stage of a proceeding pending before him that there is reason to believe that a child arraigned before the court is mentally defective, he may direct a mental examination of such child by one or more physicians, appointed as hereinafter provided, to determine whether such a child is mentally defective. The physician or physicians so designated shall submit to the court before the

final disposition of the case, a written report setting forth the results of such examination and the report so rendered shall be made part of the records of the court. If by such report the child is declared to be mentally defective or feeble-minded, the justice shall make such other or further investigation in the premises as he may deem proper, and if he shall determine that the child is mentally defective, he may commit the child to a public institution of the state or city of New York duly authorized by law to receive and care for mentally defective and feeble-minded persons there to be detained until discharged or transferred in due course of law. No such order or determination shall be made, however, without the consent of the parent, guardian, or person in parental relation having custody of such child, unless upon like notice and like opportunity to be heard as is required for a commitment under section four hundred and eighty-six of the penal law.

The mayor of the city of New York shall appoint three physicians, duly licensed to practice medicine in the state of New York, each of whom has had at least five years' experience in the care and treatment of feeble-minded or insane persons, who shall be medical examiners in the children's court under the provisions of this section, to hold office at the pleasure of the mayor. The board of aldermen of the city of New York, upon the recommendation of the board of estimate and apportionment, shall fix their compensation, and provide for the payment thereof and of the expenses of examinations provided for by this section., (Added by chapter 691, Laws of 1913.)

§ 40. Appeals from special sessions. If any judgment or determination made by the court of special sessions shall be adverse to the defendant he may appeal therefrom in the same manner as from a judgment in an action prosecuted by indictment, and may be admitted to bail upon an appeal in like manner; and if the judgment of the supreme court upon such an appeal shall be adverse to the defendant, he may appeal therefrom to the court of appeals as prescribed in the code of criminal procedure. In case of any such appeal to the supreme court, or to the court of appeals, the procedure in, and the jurisdiction of, the said courts, respectively, shall be the same as from a judgment of conviction after indictment.

§ 41. Duty of district attorney to attend court. It shall be the duty of the district attorney of the counties of New York, Kings, Queens and Richmond, respectively, to attend in person or by an assistant or deputy assistant at all sessions of any part of the court of special sessions held within this county, except the children's court.

§ 42. Children's courts in boroughs of Queens and Richmond. On and after the first day of September, nineteen hundred and ten, the city magistrates shall not have jurisdiction in any child's case in the boroughs of Queens and Richmond but the jurisdiction in all cases of children shall be had and possessed by the children's court and its justices. (As amended by chapter 531 of the Laws of 1915.)

City of Rochester.

AN ACT to amend chapter fourteen of the laws of eighteen hundred and eighty, entitled "An act to further amend chapter one hundred and forty-three of the laws of eighteen hundred and sixty-one, entitled 'An act to amend and consolidate the several acts in relation to the charter of the city of Rochester,' and to consolidate there with the several acts in relation to the charter of said city."

Chapter 543, Laws of 1905.

Section 1. Section two hundred and sixty-five of chapter fourteen of the laws of eighteen hundred and eighty, as amended by chapter five hundred and sixty-one of the laws of eighteen hun. dred and ninety, is hereby amended so as to read as follows:

§ 265. All cases involving the commitment or trial of children actually or apparently under the age of sixteen years for any violation of law or ordinance before the police justice or police court of the city of Rochester, shall be heard and determined in a separate courtroom, to be known as the children's courtroom, and separate and apart from the trial of other criminal cases, of which session a separate docket and record shall be kept. Whenever a child actually or apparently under the age of sixteen years is

taken into custody in the city of Rochester, such child shall be arraigned in the children's courtroom and shall not be taken knowingly to that part of the police court where other criminal trials are had; and if through an inadvertence any such child shall be brought before that part of the police court, as soon as the age of such child is discovered the hearing of the case shall be transferred to, and the case shall be heard and determined in, the children's courtroom. The police justice and the police court of the city of Rochester shall have power to impose or suspend sentence or to remit to probation pursuant to law. The commissioner of public safety of the city of Rochester may appoint such number of probation officers, to hold office during his pleasure, at a salary fixed by the board of estimate and apportionment, as may be prescribed by the said board of estimate and apportionment, which number may be increased or diminished at any time by said board of estimate and apportionment and may include one or more female probation officers if so determined by said board of estimate and apportionment. The said police justice may appoint from time to time, to serve at his pleasure and without compensation, such additional number of probation officers as he may deem desirable. Whenever the board of estimate and apportionment of the city of Rochester shall so determine, there shall be an additional police justice of said city, to be known as judge of the children's court, whose term of office shall be six years, and who shall receive an annual salary to be fixed by the board of estimate and apportionment at not less than twenty-five hundred dollars per annum. Immediately after such determination by the board of estimate and apportionment, the mayor shall appoint a judge of the children's court to serve until the first day of January following the next city election, at which election a judge of the children's court shall be elected. The judge of the children's court shall have all the powers and jurisdiction now or hereafter conferred upon the police justice of the city of Rochester, and the court held by him shall be a part of the police court of said city, with all the powers and jurisdiction of or hereafter conferred upon said court. It shall be the duty of the judge of the children's court to preside over and to hold the children's part of the police court of the city of Rochester, and

to be present at the children's courtroom at such times and for such hours as the public interests may require, and he shall perform such other duties now or hereafter imposed upon the police justice of said city as may be directed by the common council. (As amended by chapter 317 of the Laws of 1906.)

Monroe County.

AN ACT conferring jurisdiction upon the county court of Monroe county to adjudicate upon all cases of children in Monroe county under sixteen years of age, who are delinquent, neglected or otherwise subject to the discipline or in need of the care and protection of the state; and regulating the procedure in such cases, including the establishment of a detention home, a probation system and the appointment of guardians for such children. Chapter 611, Laws of 1910.

Section 1. The county court of Monroe county shall have original and exclusive jurisdiction of all cases coming within the terms and provisions of this act. This act shall be construed liberally and as remedial in character; and the powers hereby conferred are intended to be general to effect the beneficial purposes herein set forth.

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§ 2. This act shall apply to any child less than sixteen years age residing or being at the time in Monroe county.

A. Who violates any penal law or any municipal ordinance, or who commits any act or offense for which he could be prosecuted in a method partaking of the nature of a criminal action or proceeding (except a crime punishable by death or life imprisonment), or

B. Who engages in any occupation, calling or exhibition or is found in any place for permitting which an adult may be punished by law, or who so deports himself or is in such condition or surroundings or under such improper or insufficient guardianship or control, as to endanger the morals, health or general welfare of said child.

§ 3. Any person having knowledge or information that a child residing in or actually within the county is within the provisions of the preceding section may file with said county court a verified