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. Probation; commitments. 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. If it becomes necessary to commit any such child over sixteen years of age who is on probation the order of commitment, nunc pro tunc, shall be entered as of the date of judgment, and any institution to which commitment originally could be made is authorized to receive such child and have payment therefor as if under sixteen. 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 judg ment 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. Support of children in institutions. 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 the issuance 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 institution 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. Medical care. 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; provided that 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 that 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. Return of child to parents; selection of institution. 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 institution is a state or municipal institution.

§ 16. Guardian. 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 its 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. Power of other courts. 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. Visitation of institutions. It shall be the duty of the judge, so far as practicable, to visit at least once a year 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. Said judge 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. Rules; substitute judge. The court shall have power to devise and publish rules to 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 and 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. In the absence or disability of the county judge the surrogate of the county shall preside over the children's part.

§ 20. Other provisions of law. 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.

Saratoga County

AN ACT conferring jurisdiction upon the county court of Saratoga 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 489, Laws of 1915.

Section 1. Jurisdiction is hereby conferred upon the county court of Saratoga county to hear, try and determine any case 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 the judge 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 judge 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.

§ 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.

City of Syracuse.

Chapter 676, Laws of 1910.

ARTICLE II.

Children's Court.

Section 25. Definitions.

26. Separate court for children.

27. Place of detention.

28. Duty of officer arresting child.

29. Bail.

30. Jurisdiction.

31. Disposition, in certain cases, of children charged with misdemeanor.

§ 25. Definitions. The word child when used in this act shall refer to and mean a person under the age of sixteen years, and the word adult when so used shall refer to and mean a person sixteen years of age and over.

§ 26. Separate court for children. There shall always be at least one separate part of the court designated as the children's court for the hearing and disposition of proceedings and cases involving the trial or commitment of children.

§ 27. Place of detention. The city of Syracuse shall provide a place of detention to which children shall be brought immediately after arrest, and wherein they may be detained pending hearing or trial, whether as witnesses or defendants; and to which they may be committed after hearing or trial for not to exceed thirty days. No adult charged with any offense shall be detained in or committed to such place of detention. The commissioner of public safety shall appoint a superintendent of said place of detention, and such other employees as the board of estimate and apportionment of the city of Syracuse may prescribe; and the salaries or compensation of such superintendent and other employees shall be fixed by the board of estimate and apportionment.