vided in chapter 194 of the Statutes of 1898, and the provisions of sections 4750 to 4758, both inclusive, of said chapter 194 shall be applicable to all such trials.

§ 3. Section 4 of chapter 90 of the laws of 1901 is hereby amended to read as follows:

§ 4. Any reputable person being a resident of the county, having knowledge of a child in his county who appears to be either neglected, dependent or delinquent, may file with the clerk of the court having jurisdiction in the matter, a petition in writing, setting forth the facts, verified by affidavit. It shall be sufficient that the affidavit is upon information and belief. The person making such affidavit hall suffer no personal risk greater than when the proceeding is upon warrant, providing said affidavit is made in good faith.

§ 4. Section 6 of chapter 90 of the laws of 1901 is hereby amended to read as follows:

§ 6. When any child shall be found delinquent within the meaning of this act such finding shall be entered by the clerk, and the court may continue the hearing from time to time until such child is sixteen (16) years of age, and may commit the child to the care and guardianship of a probation officer duly appointed by the court and may allow said child to remain in its own home, subject to the visitation of the probation officer; such child to report to the probation officer as often as may be required, and subject to be returned to the court on the original charge for further proceedings whenever such action may appear necessary until the probation officer has filed a final report, or is dismissed from the case; or the court may commit the child to the care and guardianship of the probation officer to be placed in a suitable family, subject to the friendly supervision of such probation officer; or it may authorize the said probation officer to board out the child in some suitable family home, in case provision is made by voluntary contribution, or otherwise, for the payment of the board of such child until a suitable provision may be made for the child in a home without such payment; or the court may commit the child, if a boy, to an industrial school for boys, or if a girl. to an industrial school for girls; or the court may commit the child to the care and custody of some association or institution that will receive it, embracing in its objects the care of neglected, dependent or delinquent children. No conviction in a juvenile court shall be receivable in evidence in any other court. No costs shall be taxed against nor fines imposed upon the defendant in any case in a juvenile court.

§ 5. Section 8 of chapter 90 of the laws of 1901 is hereby amended to read as follows:

§ 8. When in any county where a juvenile court is held as provided in section 2 of this act, a child under the age of sixteen years of age is arrested with or without a warrant, charged with the violation of any law of this state the penalty of which is imprisonment in state prison, the magistrate before whom the prisoner is brought shall, as soon as may be, hold a preliminary examination of the offender, and all the provisions of chapter 195 of the Statutes of 1898, relative to the arrest and examination of offenders shall be applicable, except that in case it shall appear that an offense has been committed and that there is probable cause to believe the prisoner guilty, the magistrate shall admit the prisoner to bail or commit him for trial to the juvenile court, or to the current term of the court having jurisdiction of such cases, and the case shall immediately be placed on the calendar for trial, and all provisions of law relating to proceedings in criminal cases in cirucit courts shall be applicable to the trial, sentence and commitment of such offenders in such court; provided, however, that such court may in its discretion commit such offenders as provided in section six (6) of this act.

§ 6. Section 9 of chapter 90 of the laws of 1901 is hereby amended to read as follows:

§ 9. No court or magistrate shall commit a child under fourteen (14) years of age to a jail or police station, but if such child is unable to give bail it may be committed to the care of the sheriff, police officer or probation officer, who shall keep such child in some suitable place which shall be provided by the county outside of the building or enclosure of any jail or police station. When any child under sixteen (16) years of age shall be sentenced to confinement in any institution to which adult convicts are sentenced, it shall be unlawful to confine such child in the same room with such adult convicts, or to confine such child in the same yard or enclosure with such adult convicts or to bring such child into any yard, hall or room in which such adult convicts may be present.

§ 7. Chapter 90 of the laws of 1901 is hereby amended by the insertion therein of a new section after section 10, to read as follows:

§ 10-a. All acts and parts of acts in conflict with this act are hereby repealed.

§ 8. This act shall take effect and be in force from and after its passage and publication.

Juvenile Courts and Probation System.

Chapter 496, June 20, 1905: amdg. 1901 ch. 90.

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AN ACT to amend chapter 90 of the laws of 1901, as amended by chapters 97 and 359 of the laws of 1903, relating to dependent, neglected and delinquent children. Section 1. Section 1 of chapter 90 of the laws of 1901 as amended by chapters 97 and 359 of the laws of 1903 is hereby amended so as to read as follows: Section 1. The provisions of this act shall only apply to counties containing cities of the first, second and third classes, as ascertained by the last state or United States census. For the purposes of this act the words dependent child," and "neglected child,” shall mean any child under the age of sixteen years, who for any reason is destitute or homeless, or abandoned, or dependent upon the public for support; or has not proper parental care or guardianship; or who habitually begs or receives alms; or who is found living in any house of ill-fame, or with any vicious or disreputable person, or whose home by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such a child; and any child under the age of eight years who is found peddling or selling any article, or singing or playing any musical instrument upon the street, or giving any public entertainment without a permit therefor, to be issued in his discretion by the judge of the juvenile court hereinafter provided for. The words "delinquent child," shall include any child under the age of sixteen years, who violates any law of this state, the penalty for which is not imprisonment in the state prison, or who violates any city or village ordinance; or who is incorrigible; or who knowingly associates with thieves, vicious or immoral persons; or who is growing up in idleness or crime; or who knowingly patronizes any place where any gaming device is or shall be operated; or who knowingly visits or enters a house of ill-repute; or who patronizes, visits or enters any stall saloon, or wine room, or any saloon frequented by men or women of bad repute; or who attends, visits or enters any dance held in any room or hall in conection with a saloon, unless accompanied by parents or legal guardian; or who loafs or congregates with groups or gangs of other boys at or about any railroad yards or tracks; or who habitually uses obscene, vulgar or profane language, or is guilty of immoral conduct in any public place, or about any school house. Where a parental school is available, a juvenile disorderly person may be classed as a delinquent.

§ 2. Section 2 of chapter 90 of the laws of 1901 as amended by section 2 of chapter 97 of the laws of 1903, is hereby amended so as to read as follows: Section 2. The judges of the several courts of record in counties where this act shall be in force shall, at such times as they shall determine, designate one or more of their number, whose duty it shall be to hear at such place and time as he may set apart for such purpose, all cases coming under this act, and in case of the absence, sickness or other disability of such judge he shall designate a judge of any court of record whose duty it shall be to act temporarily in his place. The findings of the court shall be entered in a book or books to be kept for that purpose, and known as the "juvenile record," and the court shall be called for convenience the juvenile court," and the clerk of the court of which such judge is a member shall be the clerk of such juvenile court." The stenographic reporter of the court of which such judge is a member shall be the reporter of such "juvenile court," and shall attend all sessions thereof and take down in shorthand the testimony taken and proceedings had at such sessions and promptly transcribe the same and forthwith file a copy with the clerk of such court, and also furnish such other copies as the judge shall order. The judges of the several courts of record in counties having over 150,000 population shall, on or before the first day of July, 1905, and on the first day of July of every second year thereafter, appoint a chief probation officer of said juvenile court." Said chief probation officer shall be on duty daily during the same number of hours as the clerks of the courts and such other time as said judge may require, either in attendance upon the courts or in an office, or part thereof, which

shall be furnished for the use of said chief probation officer by the board of supervisors of said county in the building in which said "juvenile court is held. It shall be the duty of said chief probation officer to attend all the sessions of the juvenile court" and to take such action as shall be for the best interests of the children brought before such court, to supervise the work of the probation officers and to receive and file their monthly and final reports; to find out each day what children are in custody and, before each session of said "juvenile court," to gather all evidence possible for the protection of each of said children; to receive all persons having business before the "juvenile court" and assist them in procuring necessary and suitable papers, and, in general to advise all persons needing information in regard to cases in which children are concerned, and to assist in the proper disposition of all such matters coming before the courts, and to perform such other duties as may be assigned to him by said judge of the " juvenile court." But it shall not be part of the duties of such chief probation offiecr to visit families or to perform the ordinary duties of a probation officer especially appointed for an individual child. Such chief probation officer shall receive per year such compensation for his services as shall be determined by the county board of said county, and said county board is empowered to fix the compensation of the chief probation officer in the same manner as the salaries of the other officers, and the compensation of the chief probation officer or his substitute provided for in this section, shall be paid monthly by the county in which such "juvenile court" shall be situated. In case of the absence or disability of said chief probation officer for more than three days, he shall designate some competent person to act in his stead to be approved by the judge of the juvenile court," who shall receive during such appointment compensation for his services such sum as shall be determined by said county board. Said chief probation officer or his substitute may be removed by the judges of the courts of record of such county for incompetence, or wilful or habitual neglect to perform the duties of his office. In all trials under this act of any dependent or delinquent child, any person interested therein may demand a jury of six, or the judge of his own motion may order a jury of the same number to try the case. Such jury when demanded or ordered shall be obtained in the manner provided in chapter 194 of the Statutes of 1898, and the provisions of sections 4750 to 4758, both inclusive, of said chapter 194, shall be applicable to all such trials.

§ 3. This act shall take effect and be in force from and after its passage and publication.

Appendix C.

REFERENCES TO LITERATURE ON PROBATION.

Prepared by a Sub-Committee, Mr. Frederic Almy, Chairman.

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