This section is not unconstitutional as infringing on the rights of parents or those of the child. Supreme Court, July 21, 1892, People v. Ewer, 47 St. Rep. 501; 8 N. Y. Cr. 392.

§ 292a. Penalty for 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, inu, 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. (Added by chapter 692 of the Laws of 1893.)

§ 292b. 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. (Added by chapter 692 of the Laws of 1893.)

§ 293. Arrests, by whom made.-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 chapter and any minor coming within any of the descriptions of children mentioned in section two hundred and ninety-one, or in section two hundred and ninety-two. Such constable, police officer or agent may interfere to prevent the perpetration in his presence of any act forbidden by this chapter. A person who obstructs or interferes with any officer or agent of such society in the exercise of his authority under this chapter, is guilty of a misdemeanor. All fines, penalties and forfeitures imposed or collected for a violation of the provisions of this code 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 such society may be retained by it. (As amended by chapter 145 of the Laws of 1888.)

*SENTENCE OF MINOR.

Section 713 of the Penal Code.

Sentence of minor.-When a person under the age of sixteen is convicted of a crime, he may, in the discretion of the court, instead of being sentenced to fine or imprisonment, be placed in charge of any suitable person or institution willing to receive him, and be thereafter, until majority or for a shorter term, subjected to such discipline and control of the person or institution receiving him as a parent or guardian may lawfully exercise over a minor. A child under sixteen years of age committed for misdemeanor, under any provision of this Code, must be committed to some reformatory, charitable or other institution authorized by law to receive and take charge of minors. And when any such child is committed to an institution, it shall when practicable, be committed to an institution governed by persons of the same religious faith as the parents of such child. (As amended by chapter 46 of the Laws of 1884.)

REFORMATORY INMATES NOT TO BE EMPLOYED BY CONTRACT.

AN ACT relating to the employment of children by contract in houses of refuge, reformatories and other correctional institutions.

Chapter 470, Laws of 1884.

Section 1. It shall be unlawful for the trustees or managers of any house of refuge, reformatory or other correctional insti

* See also section 701 of the Penal Code, page 90, which provides for commitments to the House of Refuge, Randall's Island, the State Industrial (now the New York State Training School for Boys), and the New York State Training School for Girls.

tution, to contract, hire, or let by the day, week, or month, or any longer period, the services or labor of any child or children under, now or hereafter committed to or inmates of such institutions.

CHILDREN'S COURT, NEW YORK CITY.

AN ACT to amend the Greater New York charter, chapter three hundred and seventy-eight of the Laws of eighteen hundred and ninety-seven, entitled "An act to unite into one municipality under the corporate name of the city of New York, the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens, and to provide for the government thereof."

Chapter 466, Laws of 1901.

Section 1418. The justices of the special sessions of the first division shall assign a separate part for the hearing and disposi tion of cases heretofore within the jurisdiction of city magistrates involving the trial or commitment of children, which part shall be called the children's court; and in all such cases the justice or justices holding said court shall have all the powers, duties. and jurisdiction now possessed by the city magistrates within said first division, and such other and further powers, duties and jurisdiction as are contained in the following sections:

The justices of the special sessions of the second division shall as soon as a special court building can be put in readiness assign a separate part for the hearing and disposition of cases heretofore within the jurisdiction of city magistrates, involving the trial or commitment of children, which part shall be called the children's court, second division, borough of Brooklyn; and in all such cases the justice or justices holding said court shall have all the powers, duties and jurisdiction now possessed by the city magistrates within said second division, except in the boroughs. of Queens and Richmond, and such other and further powers, duties and jurisdiction as are contained in the following sections:

Each of said children's courts shall be held by one or more of the justices of special sessions in their respective divisions, as

the circumstances require in such manner as the said justices shall by rule provide.

Whenever, under any provision of law, after said separate parts shall be assigned, a child under sixteen years of age, unless jointly charged with one or more persons above that age, is taken into custody it shall be the duty of the officer having the child in charge, and at the earliest time when a justice will be present, to take such child before the children's court, and shall not take said child, knowingly, to any city magistrate's court, or before any city magistrate, except for the purpose of giving bail. If through inadvertence any such child shall be arraigned before a city magistrate, it shall be the duty of such magistrate, as soon as the age of such child is discovered, to transfer the case to the children's court, in the division in which such case belongs, and if any papers have been prepared, to indorse the transfer thereon and to send the same with the officer to said court; and it is hereby made the duty of the officer to take such child with said papers to the children's court with all convenient speed, to be heard and disposed of, pursuant to law by the justice there presiding. The justices of the court of special sessions for the first division shall appoint a clerk and a deputy clerk for the children's court, first division, and such and so many officers and attendants, including a stenographer, as may be necessary, whose salaries, except the clerk, shall be fixed by the board of aldermen, on the recommendation of the board of estimate and apportionment. The salary of the clerk of the children's court, first division, shall be three thousand dollars per year, payable in monthly installments, and the clerk, appointed by the board of city magistrates in office at the time this act shall go into effect, shall continue in office as clerk until removed therefrom by expiration of term, or by due process of law.

The justices of the court of special sessions for the second divis ion shall appoint a clerk and a deputy clerk for the children's court, second division, borough of Brooklyn, and such and so many officers and attendants, including a stenographer, as may be necessary, whose salaries, except the clerk, shall be fixed by the board of aldermen on the recommendation of the board of estimate and apportionment. The salary of the clerk shall be two thousand five hundred dollars per year, payable in monthly

installments, and he shall continue in office as clerk until removed therefrom by expiration of term or by due process of law. The term of office of the clerk of the children's court, second division, shall be for five years. The justice shall have authority to appoint or designate not more than three discreet persons of good character to serve as probation officers during the pleasure of the court. It shall be the duty of said probation officers to make such investigations as may be required by the court, to be present in court in order to present the interests of the child; when the case is heard, to furnish to the court such information and assistance as he may require, and to take charge of any child before and after trial as may be directed by the court.

The said courts shall be held in some building separate and apart from one used for the trial of persons above the age of sixteen charged with any criminal offense.

Nothing herein contained shall affect any provisions of law with respect to the temporary commitment by magistrates of children as witnesses for the trial of any criminal case. For statistical purposes the clerk of each of said children's courts, annually, at such time and in such form as the board of city magistrates of the first division may require, as to the children's court in the first division, and in such form as the justices of the court of special sessions in the second division may require as to such children's court in Brooklyn, shall prepare in dupli cate a report of the arrests, commitments and dispositions, with such other data as said board may require, of all persons arraigned in or brought before such court during the year; one of which said duplicates shall be transmitted to the board of city magistrates in their respective divisions to be included in its annual report; and the other shall be transmitted to the mayor and be printed in the City Record. (As amended by chapter 590 of the Laws of 1902 and chapter 159 of the Laws of 1903.)

§ 1419. In addition to the powers, duties and jurisdiction heretofore conferred, the court of special sessions of the first divis ion, and the justices thereof, and the court of special sessions of the second division, except in the boroughs of Queens and Richmond, and the justices thereof, shall supersede the city magistrates in said first and second divisions, except in the boroughs of Queens and Richmond, in the trial, determination and disposi