cedure and method as in the judgment of the court will conduce to the beneficial purposes of this act; and said judge may at pleasure remove said officers; said salaried probation officers shall have all the powers of peace officers anywhere in the state for the purposes of this act; and the court is authorized to seek the co-operation of all societies or organizations, public or private, having for their object the protection or aid of indigent or neglected children, to the end that the court may be assisted in every reasonable way to give to all of such children the care, protection and assistance which will conserve the welfare of such children. And it is hereby made the duty of every county, town or municipal official or department, in said county, to render such assistance and co-operation within his or its jurisdictional power to further the objects of this act; and all institutions, associations or other custodial agencies in which any child may be, coming within the provisions of this act, are hereby required to give such information to the court or any of said officers appointed by it as said court or officers may require for the purposes of this act.

§ 12. All provisions of law applicable to probation of children brought before any court or magistrate are made applicable to cases coming within the provisions of this act, except that the period of probation may be extended by the court during the minority of said child; and the times and places for the appearance of said child during said probationary period shall be entirely within the discretion of the court; and during said probationary period and during the time when said child may be committed to any institution or to the care of any association or person for custodial or disciplinary purposes, said child shall always be subject to the friendly visitation of such probation officers or other agents of the court as may be appointed for that purpose: and any final order or judgment made by the court in the case of any such child shall be subject to such modifications from time to time as the court may consider to be for the welfare of said child; and no commitment of any child to any institution or other custodial agency shall deprive the court of the jurisdiction to change the form of the commitment or transfer the custody of said child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to

give to all children subject to its jurisdiction such oversight and control in the premises as will conduce to the welfare of said child and the best interests of the state.

§ 13. Whenever any child is found to be in such condition, surroundings or under such improper or insufficient guardianship as to lead the court, in its discretion, to take the custody of said child away from its parents and place it in some institution or under some other custodial agency, the court may, after issuing and service of an order to show cause upon the parents or other person having the duty under the law to support said child, adjudge that the expense of caring for said child by said custodial agency or institutions as fixed by the court shall be paid by the person or persons bound by law to support said child; in which event such person or persons shall be liable to pay to such custodial agency or institution and in such manner as the court may direct the money so adjudged to be payable by him or them; and willful failure to pay said sum may be punished as a contempt of court and the order of the court for the payment of said money may be also enforced as money judgments of courts of record are enforced.

§ 14. Whenever a child within the jurisdiction of said court and under the provisions of this act appears to the court to be in need of medical care, a suitable order may be made for the treatment of such child in a hospital, and the expense thereof shall be a county charge; and the county may recover the said expense in a suitable action from the person or persons liable for the furnishing of necessaries for said child; and for that purpose the court may cause any such child to be examined by any health officer within the jurisdiction of the court, or by any duly licensed physician.

§ 15. Whenever it shall appear to the court, in the case of any neglected child or of any child in need of more suitable guardianship that has been taken from its home or the custody of its parents, that conditions have so changed that it is consistent with the public good and the welfare of said child that the parents again have the custody of said child, the court may make a suitable order in the premises. In committing any child to any custodial

agency or placing it under any guardianship other than that of its natural guardians, the court shall, as far as practicable, select as the custodial agency some individual holding the same religious belief as the parents of said child, or some institution or association governed by persons of like religious faith, unless said insti tution is a state or municipal institution.

§ 16. Whenever, in the course of a proceeding instituted under this act, it shall appear to the said court that the welfare of said child will be promoted by the appointment of an individual as general guardian of his property, and of his person, when such child is not committed to any institution or to the custody of any incorporated society, the court shall have jurisdiction to make such appointment either upon the application of the child or some relative or friend, or upon the court's own motion; and in that event an order to show cause may be made by the court, to be served upon the parent or parents of said child in such manner and for such time prior to the hearing as the court may deem reasonable. In any case arising under this act, the court may determine as between parents whether the father or mother shall have the custody, tuition and direction of said child.

§ 17. Nothing herein contained shall be construed as abridging the general chancery power and jurisdiction exercised by the supreme court over the persons and estates of minors, nor as abridging the authority of the surrogate to appoint guardians for infants as now provided by law.

§ 18. It shall be the duty of the county judge of said county, at least once a year, to visit each institution in which there shall be at the time any child under commitment pursuant to this act, and the managers and officers of said institution shall accord to said judge full opportunity to inspect the said institution in all its departments, to the end that the court may be advised as to the propriety of continuing the use of said institution as a custodial agency; and said judges may examine witnesses under oath within the county where said institution is located, or appoint a referee for the purpose of obtaining any information as to the efficiency and character of such institution.

§ 19. The court shall have power to devise and publish rules and regulate the procedure for cases coming within the provisions of this act, and for the conduct of all probation and other officers of the court in such cases, and such rules shall be enforced and construed beneficially for the remedial purposes embraced herein. The court may devise and cause to be printed for public use such forms for records and for the various petitions, orders, process and other papers in the cases coming under this act as shall meet the requirements thereof; and all the expenses incurred by the court in complying with the provisions of this act shall be a county charge.

§ 20. All provisions of the penal law or code of criminal procedure or other statute inconsistent with or repugnant to this act shall be considered inapplicable to the cases arising under this act.

Offenses Relative to Children.

AN ACT conferring jurisdiction upon the county court of Monroe county over cases involving offenses against children under sixteen years of age, as defined in article forty-four of the penal law, and regulating the procedure therein.

Chapter 612, Laws of 1910.

Section 1. Jurisdiction is hereby conferred upon the county court of Monroe county to hear, try and determine all cases arising in said county under article forty-four of the penal law.

§ 2. The prosecution of a person charged with any offense under said article forty-four less than the grade of felony may be instituted by the filing of an information, no indictment being necessary, and a warrant may be issued by the court or one of the judges thereof, and all subsequent proceedings shall be carried on in the same way as if the person prosecuted upon an indictment for said offense, except that the trial shall be had before the court without a jury unless the court, in its discretion, grants a jury trial. The said county court and the judges thereof shall have all the power exercised by magistrates in regard to the issuing of subpoenas, the examination of witnesses and taking of depositions prior to the issuing of a warrant in such cases. This section shall not apply to cases under section four hundred and eighty-six of said penal law.

§ 3. Nothing in this act shall be held to deprive police courts, courts of special sessions and the magistrates holding the same of concurrent jurisdiction to hear and dispose of cases embraced within section two of this act, not pending in the county court.

Ontario County.

AN ACT conferring jurisdiction upon the county court of Ontario county in matters relating to children; and regulating the procedure in such cases, including the temporary detention of children, a probation system and the appointment of guardians. Chapter 270, Laws of 1913.

Section 1. Jurisdiction. The county court of Ontario 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.

§ 2. Definitions of children. This act shall apply to any child less than sixteen years of age residing or being at the time in Ontario county:

(a) who violates any penal law or any municipal ordinance, or who commits any act or offense for which he could be prose cuted 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. Petition. 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 petition stating the facts that bring such child