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to return to her home is found in the company of a reputed prostitute of whose character she is ignorant does not "frequent," nor is she in the company of, reputed prostitutes, within section 291, subd. 4, of the Penal Code. Supreme Court, May, 1887, People ex rel. Van Riper v. Catholic Protectory, 19 Abb. N. C. 142, 148; Supreme Court, May, 1887; sub nomine, People ex rel. Van Riper v. Home of the Good Shepherd, 44 Hun, 529; 5 N. Y. Cr. 139, 504; 11 St. Rep. 155.
Where the examining magistrate commits the child without summoning its guardian, if there be one, the child will be discharged on habeas corpus. Supreme Court, October, 1883, Matter of Maloney, 2 N. Y. Supp. 248; 4
§ 488. 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.
§ 489. Furnishing minors in reformatories with tobacco prohibited. A person or officer who sells or gives any cigar, cigarette, snuff or tobacco in any of its forms to any minor undergoing confinement or sentence in any reformatory, penitentiary or house of refuge in this state is guilty of a misdemeanor.
§ 490. Duty of officers. 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, any person offending against any of the provisions of this article and any minor coming within any of the descriptions of children mentioned in section four hundred and eighty-five, four hundred and eighty-six, or in four
hundred and eighty-seven. Such constable, police officer or agent may interfere to prevent the perpetration in his presence of any act forbidden by this article.
A person who obstructs or interferes with any officer or agent of such society in the exercise of his authority under this article is guilty of a misdemeanor.
§ 491. Fines to be paid to society for prevention of cruelty to children. All fines, penalties and forfeitures imposed or collected for a violation of the provisions of this chapter, 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 society may be retained by it.
§ 492. Concealing birth of a child. A person who endeavors to conceal the birth of a child, by any disposition of the dead body of the child, whether the child died before or after its birth, is guilty of a misdemeanor.
§ 493. 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.
§ 494. 1. A parent, guardian or other person having custody of a child actually or apparently under sixteen years of age, who omits to exercise reasonable diligence in the control of such child to prevent such child from becoming guilty of juvenile delinquency as defined by statute, or from becoming adjudged by a children's court in need of the care and protection of the state as defined by statute, or who permits such a child to associate with vicious, immoral or criminal persons, or to grow up in idleness, or to beg or solicit alms, or to wander about the streets of any city, town or village late at night without being in any lawful business or occupation, or to furnish entertainment for gain upon the streets or in any public place, or to be an habitual truant
from school, or to habitually wander around any railroad yard or tracks, to enter any house of prostitution or assignation, or any place where gambling is carried on, or any gambling device is operated, or any policy shop, or to enter any place where the morals of such child may be endangered or depraved or may be likely to be impaired, and any such person or any other person who knowingly or wilfully is responsible for, encourages, aids, causes, or connives at, or who knowingly or wilfully does any act or acts to produce, promote or contribute to the conditions which cause such child to be adjudged guilty of juvenile delinquency, or to be in need of the care and protection of the state, or to do any of the acts herein before enumerated, shall be guilty of a misdemeanor.
2. Any magistrate presiding over a court having the jurisdiction hereinafter conferred upon it may upon an oral or written. complaint, or upon his own instance, when he has reason to believe that any parent or guardian or other person should be prosecuted under the provisions of this act, issue a summons directed to such parent, guardian or other person substantially as follows:
IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK: To..
You are hereby summoned to appear before... court at.
. to the end that an investigation
may be made into the charge that you have contributed to or are responsible for...
(name of child)
and upon your failure to appear at the time and place herein mentioned you are liable to a fine not exceeding twenty-five dollars. Dated at.
(signed by magistrate)
Such summons may be served by a police officer or by any other person designated by the magistrate, and if the person summoned does not appear such failure to appear shall constitute contempt, and may be punishable by a fine not exceeding twenty-five dol lars. The magistrate may issue subpoenas subject to the same
penalties for disobedience thereof, or refusal to testify thereunder, as provided for in the code of civil procedure. Upon the return of the summons the magistrate shall inquire into the subject-matter of the charge. Whenever during the investigation the magistrate is satisfied from sworn testimony that there is sufficient cause for a warrant to issue, instead of issuing the warrant, if he deems it for the best interest of the person summoned and the state, upon the consent of the person summoned given in open court, the magistrate may adjourn the investigation from time to time for a period aggregating not more than one year and place the person summoned under the oversight of a probation officer during the adjournment, or may cause the person summoned to give a bond to the people of the state of New York, for not to exceed one year, with or without sureties, in such sum not to exceed two hundred and fifty dollars as he may direct. The probation officer cannot require the person so placed under his oversight to do more than to satisfy inquiries regarding the conduct or condition of the child, or regarding the conduct or condition of such person in so far as it relates to the conduct or condition of the child. The condition of such bond shall be that if the obligor shall exercise reasonable diligence during the time fixed in the bond, which cannot exceed the period of adjournment, to prevent a continuance or repetition of the condition, conduct, act, acts, offense or offenses of such child as was the special cause of the investigation, and if charged with the custody of the child also to exercise reasonable diligence in the discipline and control of such child, and appear in court from time to time as ordered, then the bond shall be void, otherwise in full force and effect. On the adjourned day the person summoned must appear in court and if the magistrate is satisfied that the person summoned has exercised reasonable diligence to prevent such continuance or repetition of the condition, conduct, act, acts, offense or offenses of such child, and if charged with the custody of the child has also exercised reasonable dili gence in the discipline and control of such child during the period of adjournment he must dismiss the proceeding and cancel the bond, if any. If he is not so satisfied he must either issue the warrant, or upon the consent of the person summoned given in open court he must continue the adjournment, probationary over
sight and bond, if any, but all of such adjournments cannot exceed one year from the date of the first adjournment. Nothing herein contained shall interfere with the right of a magistrate to issue the warrant in the first instance upon sworn information, or at the close of the investigation, and the magistrate who presided at the investigation, or his successor, may at any time during the adjournment, upon notice to the person summoned to appear and show cause, revoke and cancel the adjournment and issue the war
3. Whenever a person is convicted of the misdemeanor hereinbefore defined and sentence is suspended the court may place the defendant upon probation for a period of not more than one year; provided that the court may cause the defendant to give a bond to the people of the state of New York, with or without sureties, in a sum not to exceed five hundred dollars. The condition of such bond shall be that if the obligor shall exercise reasonable diligence during the time fixed in the bond, which cannot exceed one year, to prevent a continuance or repetition of the condition, conduct, act, acts, offense or offenses of such child which was the cause of defendant's prosecution, and if charged with the custody of the child also to exercise reasonable diligence in the discipline and control of such child and appear in court from time to time as ordered, then such bond shall be null and void, otherwise in full force and effect. The magistrate who presided at the trial, or his successor, if he is satisfied that the defendant has violated the terms and conditions of probation and bond, if any, may at any time revoke and cancel the suspension of sentence and probation and impose sentence.
4. The prosecution of all bonds given during an adjournment of an investigation or after conviction herein shall be upon the order of the magistrate who presided at the investigation or trial, or his successor, and all money collected on such bonds shall in the discretion of such magistrate be deposited in the office of the county treasurer to be expended under the orders of the magistrate or his successor for the benefit of the child or children in whose interest such bond is given.
5. Original and exclusive jurisdiction of all proceedings, investigations and trials instituted under this act is limited to courts of