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. 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

within said provisions. The petition may be upon information and belief. The title of the proceeding shall be "Children's Part, County Court, County of Ontario. In the Matter of (inserting name), a Child under Sixteen Years of Age." The petition shall set forth the name and residence of the child and of the parents, if known to the petitioner, and the name and residence of the person having the guardianship, custody, control and supervision of such child, if the same be known or ascertained by the petitioner, or the petition shall state that they are unknown, if that be the fact.

§ 4. Issuance of summons. Upon the filing of the petition, the court or the judge thereof may forthwith, or after first causing an investigation by a probation officer or other person, cause a summons to be issued signed by the judge or the special clerk of the children's part of said court, requiring the child to appear before the court and the parents, or the guardian, or the person having the custody, control or supervision of the child, or the person with whom the child may be, to appear with the child, at a place and time stated in the summons, to show cause why the child should not be dealt with according to the provisions of this

act.

§ 5. Custody of child; bail. If it appears from the petition that the child is embraced within subdivision a of section two, or is in such condition that the welfare of the child requires that its custody be immediately assumed, the court may indorse upon the summons a direction that the officer serving the same shall at once take said child into his custody. Such child may thereafter be admitted to bail or released in the custody of a probation officer or other person by the judge of said court, the clerk or the chief probation officer; but when not so released, the child shall be detained, pending the hearing of the case, in such place of detention as is hereinafter provided for. In no case arising under this act shall any child be placed in a jail, common lock-up or other place used for the confinement of adults charged with or convicted of crime or other offenses.

§ 6. Service of summons. Service of summons within the county of Ontario shall be made personally by delivering to and

leaving with the person summoned a true copy thereof. If it shall be made to appear, by affidavit, that reasonable but unsuccessful effort has been made to serve the summons personally upon the parties named therein, other than said child, the court or the judge thereof at any stage of the proceedings may make an order for substituted service of the summons or of a supplemental summons in the manner provided for substituted service of civil process in courts of record, and if such parties are without said county, service may be made by mail, by publication or personally without the county in such manner and at such time before the hearing as in said order directed. It shall be sufficient to confer jurisdiction if service is effected at any time before the time fixed in the summons for the return thereof, but the court, if requested by the child or parent or such other person as is mentioned in section four, shall not proceed with the hearing earlier than the third day after the date of the service. Proof of service shall be made substantially as in courts of record. Failure to serve summons upon any person other than said child shall not impair the jurisdiction of the court to proceed in cases arising under subdivision a of section two, provided that, for good cause shown, the court make an order dispensing with such service. The summons shall be considered a mandate of the court, and wilful failure to obey its requirements shall subject any person guilty thereof to liability for punishment as for a criminal contempt. At any stage of the case, the court may, in its discretion, appoint an attorney or other suitable person to be the guardian. ad litem of the said child for the purposes of the proceeding, and the court may call upon the district attorney of said county to appear in any proceeding under this act. The sheriff of said county shall serve or cause to be served all papers which are directed by the court to be served by him, and a suitable allowance shall be made by the board of supervisors for his actual disbursements in effecting such service; but all papers may be served by any person delegated by the court for that purpose. The expense incurred in making substituted service or service by publication or personally without the county shall be a county charge.

§ 7. Hearing; judgment; records. Upon the return of the summons, or at the time set for the hearing, the court shall pro