MANUAL 
 
 OF THE 
 
 NEW YORK SOCIETY FOR THE PREVENTION 
 OF CRUELTY TO CHILDREN. 
 
 Office of the Society, 
 
 No. 100 East 23d Street, 
 New York City. 
 
Return this book on or before the 
 Latest Date stamped below. 
 
 University of Illinois Library 
 
 tiPP 29 
 
 APR 1 
 
 U v i w 
 
 AUG 1 
 
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 1975 
 
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 a 1993 
 
 L161 — H41 
 
MANUAL 
 
 OF THE 
 
 Uc,w 
 
 OF THE 
 
 NEW YORK sffffff? '^OKf-WE PREVENTION 
 OF CRUELTY TO CHILDREN. 
 
 COMPRISING 
 
 THE PROVISIONS OF THE PENAL CODE, THE CODE 
 OF CRIMINAL PROCEDURE AND OF OTHER 
 STATUTES RELATING TO CHILDREN, 
 
 WITH 
 
 APPROPRIATE FORMS AND REFERENCES. 
 
 PREPARED BY . 
 
 JOHN B. PINE, 
 
 ATTORNEY FOR THE SOCIETY. 
 
 PUBLISHED BY THE SOCIETY. 
 
 1884 . 
 
Copyright, 1884, 
 
 By JOHN B. PINE. 
 
 Baker & Godwin, Printers, 
 
 No. 25 Park Row. 
 
MANUAL 
 
 OF THE 
 
 NEW YORK SOCIETY FOR THE PREVENTION 
 OF CRUELTY TO CHILDREN. 
 
 PENAL CODE. 
 
 Age of Child. 
 
 Section 18. A child under the age of seven years is 
 
 not capable of committing crime. 
 
 r„T,nl,i«ivp ^resumption.— An infant under seven years of age 
 
 Townsend, 3 Hilly 479- 
 
 Determination of Age. 
 
 § xo. A child of the age of seven years, and under the 
 age of twelve years, is presumed to be incapable of crime ; 
 but the presumption may be removed by proof that he 
 had sufficient capacity to understand the act or neglect 
 charged against him, and to know its wrongfulness. 
 Whenever in any legal proceeding it becomes necessary, 
 to determine the age of a child, the child may e pro 
 duced for personal inspection, to enable the magistrate, 
 court, or jury, to determine the age thereby ; and t e 
 court or magistrate may direct an examination by one or 
 more physicians, whose opinions shall also be competent 
 evidence upon the question of age. 
 
 Amendment.— The above section reads as amended by chapter 
 46 of the Laws of 1884, which incorporated section 1 of chapter 34 
 of the Laws of 1882, providing that , 
 
 “Whenever in any proceeding or trial it becomes necessary to e- 
 termine the^ge of a child, such childmay be produced and exhrbrted, 
 
4 
 
 Manual of the New York Society for the 
 
 to enable the magistrate, court, or jury, to determine its age by a per- 
 sonal inspection; and such court or magistrate may direct an exam- 
 ination by one or more physicians, whose opinion shall also be com- 
 petent evidence upon the question of such age.” 
 
 Determination of age. — The act of 1882 confers upon the mag- 
 istrate the power to determine the age of the child by personal inspec- 
 tion, and he is not obliged to direct an examination by a physician for 
 that purpose. Matter of Serafino, Supreme Court, Chambers, Law- 
 rence, J., Daily Register, Dec. 13, 1883. The court has the right to 
 rely upon its own judgment as to a child’s age. The People v. Bardo 
 Cardillo, N Y. General Sessions , Opinion by the Recorder, January 
 20, 1883; Reg. v. Viasani, Opinion by Cockburn, C. J., 31 fustice 
 of the Peace , 260; State v. Arnold, 13 Ired. 184. 
 
 Evidence as to age. — “An entry in a family bible has been con- 
 sidered to derive credit from the circumstances of its being entered 
 in a book which is kept as the ordinary register of families, and as ad- 
 missible therefore on account of its publicity in the family, without 
 proofs that such entry was made by a member of the family. But 
 memoranda inserted in other books, as an album, a missal, prayer- 
 book, and any other family documents and papers, have been admitted 
 in evidence to show the fact of date of the birth, marriage, or death 
 of a child or other relative of the family. This latter class of entries, 
 however, should be shown either to have been acknowledged or treated 
 by the relatives as a correct family memorial ; or, in the case of ancient 
 writings at least, that they were made at the period when they purport 
 to have been written.” Phillip's Evidence, vol. 1, p. 255 ; Greenleaf' s 
 Evidence , § 104, p. 119. An infant may testify as to his own age. 
 Banks v. Metcalf, 1 Wheel. Cr. Ca. 381. 
 
 Copies of records and papers are presumptive evidence 
 when duly certified.— See N V. Code of Civ. Pro. § 933 ; also U. 
 S. R. S. 2d ed. 1878, §§ 905, 906. 
 
 Presumption of incapacity. — The common law presumes an 
 infant under fourteen incapable of committing crime, but this presump- 
 tion is only piima facie. The People v. Davis, 1 Wheel. C. C. 230 ; 
 The People v. Teller, Id. 231; The People v. Randolph, 2 Park. Cr. 
 174 : The People v. Walker, 5 City Hall Record, 127 ; Stage’s Case, 
 Id. 177; Barb . Crim. Law, 567. 
 
 Of what offenses infants may he convicted.— Murder. Rex 
 v. York, 1 Leading Crim. C. 71. Rape, if it is proved that he has 
 reached the age of puberty, and is capable of committing the crime. 
 The Commonwealth v. Green, 2 Pick. 380. Felony. Angelo v. The 
 People, 36 Am. R. 132. Breach of the peace. Bullock v. Babcock, 3 
 Wend. 391. False pretences. The People v. Kendall, 25 Wend. 399. 
 
 Evidence sufficient to convict. — To convict an infant of a fel- 
 ony the strongest and clearest proof of his capacity to entertain a crim- 
 inal intent is necessary. Angelo v. The People, 96 Illinois, 209 ; s. 
 c. 36 Am. Rep. 132 ; Reg. v. Vamplew, 3 Post. 6° F. 520. 
 
5 
 
 Prevention of Cruelty to Children . 
 
 Capacity. — The question of capacity to know good from evil is 
 one of fact for the jury. The People v. Davis, supra ; The People v. 
 Walker, supra ; Stage’s Case, supra. 
 
 Confessions.— Confessions of an infant, otherwise competent, are 
 admissible against him in the same manner as confessions of adults, if 
 the corpus delicti be otherwise proved. Reg. v. Reeve, 12 Cox's Crim. 
 C. 179- 
 
 Children as witnesses. — Wherever there is intelligence enough 
 to observe and narrate, there a child, having a due sense of the obli- 
 gation of an oath, can be admitted to testify. Wharton's Crim. Ev. 
 8th ed. § 266 ; The People v. McGee, 1 Denio, 19; 1 Chit. Cr. Law , 
 Riley’s ed. 481; Barb. Crim. Law , 421. 
 
 Kidnapping, 
 
 § 21 1. A person who willfully— 
 
 1. Seizes, confines, inveigles, or kidnaps another, with 
 intent to cause him, without authority of law, to be secret- 
 ly confined or imprisoned within this State, or to be sent 
 out of the State, or to be sold as a slave, or in any way 
 held to service or kept or detained, against his will 
 [Form No. 1] ; or 
 
 Intent. — It is the inveigling with intent to sell, or to cause the 
 person inveigled to be imprisoned, etc., which constitutes the crime. 
 It is sufficient if the intent be conceived within the State though the 
 act be committed without the State. The People v. Merrill, 2 Park. 
 Cr. 590; s. c. 14 N. Y. 75. Where a seaman is forcibly or fraudu- 
 lently taken on shipboard with the intent and expectation that he will 
 be carried out of the State, the offense is complete, even though the 
 ship be not, in fact, destined to leave the State. Hadden v. The 
 People, 25 H. Y. 373 ; Thompson’s Case, 2 City H. Pec. 120. 
 
 The intent is assumed from the act itself. People v. Tinsdale, 10 
 Abb. Pr. R. N. S. 374. It need not be averred or proven. Nutt v. 
 The State, 19 Texas , 340; Manes v. The State, 20 Id. 38; Com- 
 monw. v. Brooks, 9 Gray (Mass.), 299. When an act is in itself illegal 
 the law presumes evil intention. State v. Council, 1 Overton (Tenn.), 
 305; People v. Brunell, 18 How. Pr. R. 435, 443, in point. “It is a 
 universal principle that when a man is charged with doing an act of 
 which the probable consequence may be highly injurious, the intention 
 is an inference of law resulting from the doing of the act. And al- 
 though he may have had another object in view, he must be taken 
 to have intended that which is the natural consequence of the act.” 
 Lord Ellenborough, in Rex v. Dixon, 3 Maule Set. 11. 
 
 Inveigle. — To persuade to something bad; to wheedle; to en- 
 tice; to seduce ; to beguile. Webster' s Unabridged Dictionary. To en- 
 
 1 * 
 
6 
 
 Manual of the New York Society for the 
 
 tice is to allure to ill ; to attract ; to lure, to draw by blandishments or 
 hopes ; to decoy ; to tempt ; to seduce ; to coax. Same. Where Italian 
 children were induced to consent to come to America, by being told of 
 the “ beautiful things of America; ” that they would make plenty of 
 money, etc., and thereupon such children came to America, held, 
 that they had been inveigled. The United States v. Ancarola, I 
 Fed. Rep. 676. The process of inveigling or enticing may be the 
 work of time. Carpenter v. The People, 8 Barb. 601. Mere per- 
 suasion without violence may amount to inveiglement. Kauffman v. 
 The People, 11 Hun, 82. 
 
 Procuring intoxication. — Procuring the intoxication of a 
 sailor, with intent to take him on board ship without his consent, 
 and taking him on board ship, is kidnapping; and it is immaterial 
 whether the person charged with the offense did the acts in person, 
 or caused them to be done. Hadden v. The People, page 5, supra. 
 
 Arrest without warrant. — An arrest of a person within this 
 State, by a private individual, without warrant, for the purpose of 
 taking such person without the State, and followed by such abduc- 
 tion, constitutes a kidnapping under the act. Mandeville v. Guern- 
 sey, 51 Barb. 99. 
 
 Kidnapping Child. 
 
 2. Leads, takes, entices away, or detains a child under 
 the age of twelve years, with intent to keep or conceal it 
 from its parent, guardian, or other person having the law- 
 ful care, or control thereof, or to extort or to obtain 
 money or reward for the return or disposition of the 
 child, or with intent to steal any article about or on the 
 person of the child [Form No. 2] ; or 
 
 Taking. — As to what constitutes a taking, see authorities cited 
 under preceding subdivision, also under § 282, pages 7 and 8, infra. 
 
 Force not necessary. — It is not necessary that force, constraint, 
 or ill usage should be exercised to constitute kidnapping. The State 
 v. Rollins, 8 N. H. 550. It is enough to show that the mind of the 
 person taken was operated upon by falsely excited fears, etc., and the 
 age and condition of the person kidnapped should be considered. 
 Moody v. The People, 20 III. 315. 
 
 Kidnapping. 
 
 3. Abducts, entices, or by force or fraud unlawfully 
 takes or carries away another, at or from a place without the 
 State, or procures, advises, aids, or abets such an abduc- 
 
Prevention of Cruelty to Children . 
 
 7 
 
 tion, enticing, taking or carrying away, and afterwards 
 sends, brings, has, or keeps such person, or causes him to 
 be kept or secreted within this State [Form No. 3] ; 
 
 As to persons of foreign birth. — See “The Padrone Law,” 
 pages 36 and 37, infra. 
 
 Is guilty of kidnapping, and is punishable by impris- 
 onment for not more than fifteen years. 
 
 Abduction of Female under Sixteen. 
 
 § 282. A person who — 
 
 1. Takes a female under the age of sixteen years, for 
 the purpose of prostitution or sexual intercourse, or with- 
 out the consent of her father, mother, guardian, or other 
 person having legal charge of her person, for the purpose 
 of marriage [Form No. 4] ; or 
 
 What constitutes a “ taking under the statute.— Where 
 an act provides (9 Geo. 4, c. 31, § 20) that any person who shall take 
 an unmarried female, under the age of sixteen years, out of the pos- 
 session and against the will of her father shall be guilty of a misde- 
 meanor, held, that wherever a man and a girl within the statutory 
 age go away together from the house and possession of the girl’s 
 father, there is a taking away on the part of the man, though he act 
 at the girl’s suggestion, and with her consent. Queen v. Biswell, 2 
 Cox's Ctim. C. 279. No force, actual or constructive, need be used. 
 Reg. v. Monktelow, 6 Cox's Crim. C. 143 ; Regina v. Kipps, 4 Coots 
 C. C. 167. And though he take her with the intention of permitting 
 her to return in a short time. Regina v. Timmins, 8 Coots C. C. 401. 
 
 Under chapter 105 of the Laws of, 1848 (N. Y.), held, that the 
 term “takes away” does not mean an actual manual caption or per- 
 sonal assistance or force, but a person comes within the act who in 
 any manner aids or assists the female in going away for the purpose 
 mentioned in the act. Carpenter v. The People, 8 Barb. 603. But 
 a positive act to get the female away from the person having the legal 
 charge of her in order to introduce her to an indiscriminate criminal 
 intercourse with men, constitutes the offense. The People v. Par- 
 shall, 6 Park. Cr. 129. 
 
 Under the Illinois statute, similar to the above, when a girl, liv- 
 ing with her parents, was persuaded or enticed to go to some conven- 
 ient place from her father’s house, in the immediate neighborhood, 
 for the purpose of prostitution, where she remained only for an hour 
 or two at a time and continued to live with her father, held, that such 
 persuasion or inducement constituted an abduction ; that, if such in- 
 ducements were offered as led the girl to leave her home, that the 
 
8 Manual of the New York Society for the 
 
 taking was complete ; that the purpose of the taking, contemplated 
 by the statute, is one existing in the mind of the perpetrator of the 
 offense, and need not be known to the victim. Slocum v . The Peo- 
 ple, 90 III. R. 274. 
 
 Where a girl went to a house, not knowing it to be a house of pros- 
 titution, and was there detained by threats, and by the door being kept 
 locked, held, that such acts constituted a taking under the statute, 
 though no personal violence was used ; and that the intent could be in- 
 ferred from the end attained. Beyer v. People, 86 N. Y. 369 ; Schnick- 
 er v. People, 88 N. Y. 192. See also authorities cited under §211. 
 
 Purpose or intent. — See cases cited under sec. 21 1, page 5. 
 
 Purpose of prostitution. — Indiscriminate intercourse with 
 men is here meant. 1 American Cr. R. 25; State v. Ruhl, 8 Clarke 
 (. Iowa ), 447, 453; The State v. Stoyell, 54 Me. 24. But evidence of 
 actual prostitution, or of force, duress, or menace is not necessary. 
 Kauffman v. The People, 11 Hun , 82. 
 
 Persons haying legal charge of her person. — These are the 
 persons with whom she resides as a member of the family, and who 
 have her wholly under their care and protection. The State v. Ruhl, 
 
 supra. 
 
 Abduction of Unmarried Female 
 
 2 . Inveigles or entices an unmarried female under the 
 age of twenty-five years, of previous chaste character, into 
 a house of ill-fame or of assignation, or elsewhere, for the 
 purpose of prostitution or sexual intercourse [Form No. 
 5l ; or 
 
 As to what constitutes inveigling. — See authorities collected 
 under sec. 21 1, subd. 1, pages 5 and 6. 
 
 Recommending female to house of prostitution.— Held to 
 be a misdemeanor at common law, if done knowingly, and indictable 
 as such. Wittenburgh’s Case, 8 City Hall Rec. 49. Held, also, to 
 come within a statute prohibiting the taking of a female for purposes 
 of prostitution. The People v. Cook, 61 Cal. 478. 
 
 Unmarried female. — The evidence of the female enticed, that 
 she was unmarried at the time, is sufficient prima facie proof to bring a 
 case within the statute. The People v. Kenyon, 5 Park. Cr. 254,289. 
 
 Previous chaste character. — To sustain an indictment actual 
 chastity must be shown. General reputation for unchastity is not ad- 
 missible. Lack of chastity can only be shown by proof of specific 
 acts. Kenyon v. The People, 26 N. Y. 203 ; Kauffman v. The Peo- 
 ple, 11 Hun , 82. She must be shown to have been actually chaste up 
 to the commencement of the acts of the party accused. Carpenter v. 
 The People, 8 Barb. 601. 
 
Prevention of Cruelty to Children. 
 
 9 
 
 What constitutes a house of ill-fame.— It is sufficient if it be 
 shown that the house is open promiscuously to the public, and is re- 
 sorted to for purposes of prostitution. The keeping of a common 
 bawdy or gambling house constitutes the house so kept a disorderly 
 house and an indictable nuisance at common law. It is not an essen- 
 tia] element that it should be so kept as to disturb the neighborhood 
 by noise, or that the immoral practices should be open to public ob- 
 servation. If the house is the resort of prostitutes plying their voca- 
 tion there, it is a bawdy house. Barnesciotta v. The People, io Hun, 
 137 ; affirmed, 69 N. Y. 612; King v. The People, 83 N. Y. 587 ; af- 
 firming The People v. King, 23 Hun, 148 ; Jacobowsky v. The People, 
 6 Hun, 524 ; affi’d, 64 N. Y. 659. 
 
 Abduction by Force. 
 
 3. Takes or detains a woman unlawfully against her 
 will, with the intent to compel her by force, menace, or 
 duress, to marry him, or to marry any other person, or to 
 be defiled [Form No. 6] ; or 
 
 As to what constitutes a taking.— See authorities cited under 
 subdivision one of this section, pages 7 and 8. 
 
 Consent to Abduction. 
 
 4. Being parent, guardian, or other person having legal 
 charge of the person of a female under the age of sixteen 
 years, consents to her taking or detaining by any person 
 for the purpose of prostitution or sexual intercourse 
 [Form No. 7] ; 
 
 Amendment. — Section 2, chapter 46, Laws 1884, amends this 
 section by adding subdivision 4 as above. See authorities cited under 
 preceding subdivisions, pages 7, 8 and 9. 
 
 Is guilty of abduction, and punishable by imprison- 
 ment for not more than five years, or by a fine of not 
 more than one thousand dollars, or by both. 
 
 Abandonment of Child. 
 
 § 287. A parent, or other person, having the care or 
 custody, for nurture or education, of a child under the 
 age of six years, who deserts the child in any place, 
 with intent wholly to abandon it, is punishable by impris- 
 
IO 
 
 Manual of the New York Society for the 
 
 onment in a State prison for not more than seven years, 
 or in a county jail for not more than one year [Form 
 No. 8]. 
 
 See Penal Code, § 291, subd. 2, as to abandoned child, page 16 ; 
 also § 288, infra , as to omission to furnish food, etc.; also § 289, as 
 to endangering life, etc., of child, page 12. 
 
 Person having the custody. — Any person having the charge 
 of the house and household where the child dwells comes within the 
 statute; so held of an officer of a corporation. Cowley v. The 
 People, 83 N. Y. 464. 
 
 Abandonment. — If one exposes or abandons a child, incapable 
 of taking care of itself, to cold or wet, whereby it receives an injury, 
 or if he neglects to furnish suitable food and clothing, he is indictable 
 at common law for a misdemeanor; or, if the child dies, for a felonious 
 homicide. Bishop's Criminal Law , 7th ed. vol. I, §§ 557, 883, and 
 authorities there cited; Wharton's Criminal Law , 8th ed. vol. 1, § 331; 
 The Queen v. Renshaw, 2 Cox's Cr. Cas. 285. Abandonment is not 
 a continuous act, but the offense is complete when the separation 
 takes place. Bayne v. The People, 14 Hun, 18 1. 
 
 Intent. — The intent wholly to abandon the child is what con- 
 stitutes the crime. This intent must, therefore, be proved, either by 
 direct evidence or circumstances. Barb . Crim. Law ( N. Y.), 13 1. 
 
 Omission to furnish Food.— Baby Farming. 
 
 § 288. A person who willfully omits, without lawful 
 excuse, to perform a duty by law imposed upon him to 
 furnish food, clothing, shelter, or medical attendance to a 
 minor, is guilty of a misdemeanor [Form No. 9]. Any 
 person, other than a duly incorporated institution, who 
 receives, boards, or keeps more than two foundlings, aban- 
 doned or homeless children under the age of twelve years, 
 not his relatives, apprentices, pupils, or wards, without 
 legal commitment, or without having first obtained a 
 license in writing so to do from a member of the State 
 Board of Charities, or from the Mayor or Board of Health 
 of the city or town wherein such children are received, 
 boarded, or kept, is guilty of a misdemeanor [Form No. 
 10]. Such license must specify the name and age of the 
 
Prevention of Cruelty to Children . 
 
 1 1 
 
 child, and the name and residence of the person so un- 
 dertaking its care, and shall be revocable at will by the 
 authority granting it. It shall be lawful for the officers 
 of any incorporated society for the prevention of cruelty 
 to children, at all reasonable times, to enter and inspect 
 the premises wherein such child is so boarded, received, 
 or kept. • 
 
 Duty imposed by law. — It is the duty of a parent by common 
 law and statute to maintain his child until the latter reaches the age 
 of twenty-one. Criminal Code, § 921 ; Rex v. Chandler, 1 Jur. {N. 
 S.) 429 ; Cromwell v. Benjamin, 41 Barb . 558. 
 
 Stranger* when liable. — One who, with no natural or legal 
 duty, voluntarily seeks and assumes the care and custody of a child, 
 is amenable to the statute if he fails to perform the duty required, to 
 the injury of the child. The People v. Cowley, 83 N. Y. 464. 
 
 Lack of means* — Where the parents or persons having the 
 custody of the child have not the means of support, it is their duty to 
 surrender the child to the proper authorities, and for a failure to do 
 so they are liable as for a violation of the statute. Reg. v. Mabbet, 
 5 Cox’s Crim. Cases , 339; The People v. Cowley, supra . 
 
 Neglect to supply food* etc* — The father and mother of a 
 child are criminally liable for willfully neglecting to provide a child 
 with proper clothing, food, meat, and drink. Reg. v. Ryland, 10 
 Cox’s Cr. Ca. 569; Reg. v. Mabbett, supra. 
 
 To render a person liable for failure to supply food to a child, 
 some duty must be shown, or the situation of the parties must be 
 such as to create an obligation, as, where a child is imprisoned by 
 a third person, such person is bound to furnish food. Reg. v. 
 Edwards, 8 Car. 6° Payne , 61 1. 
 
 Where a person willfully withholds necessary food from a child, 
 with the intention of causing death, and death ensues, such person is 
 guilty of murder. Where a person has the means to supply a child 
 with necessaries, and negligently, though not willfully, withholds such 
 food, and the child dies, such person is guilty of manslaughter. Reg. 
 v. Conde, 10 Cods Cr. Ca. 547. 
 
 Neglect to supply medical aid. — Under the statute (31 and 
 32 Viet. c. 122, § 37) which makes it an offense for any parent will- 
 fully to neglect to provide medical aid for his child, being in his 
 custody, and under the age of fourteen years, whereby the health of 
 such child shall have been or is likely to be seriously injured, it is 
 manslaughter if the child die from such neglect ; and it is no answer 
 to the charge of manslaughter that the parent so neglected from a 
 conscientious religious belief that it was wrong to call in medical aid 
 
12 
 
 Manual of the New York Society for the 
 
 and that medical aid was not required, and not from any intention to 
 disobey the law. Reg. v. Downes, 13 Cox's Cr. Ca. m. 
 
 Willful neglect. — To render a neglect of duty by a public 
 officer willful within the statute, it is only necessary that it should 
 appear to be intentional, and it is no defense that the officer believed 
 he was not bound to do the act. The People v . Brooks, 1 Denio r 
 457; to same effect, Gardner v. The People, 62 JV. Y. 299. When a 
 duty is imposed on a body composed of several persons, each is indi- 
 vidually liable fo£ a breach of the duty, and it is sufficient, in an 
 indictment, to charge willful neglect without adding corruption. The 
 King v. Holland, 5 Durn. 6° East , 607. 
 
 Baby farming. — The provisions of" the section relating to the 
 receiving, boarding, and keeping of children, are a re-enactment of 
 chapter 40 of the Laws of 1883. 
 
 Removal of children improperly detained. — Laws of 1878, 
 chapter 404, § 2, authorizes such removal on complaint of State Board 
 of Charities. 
 
 Endangering Life or Health of Child. 
 
 § 289. A person who, having the care or custody of a 
 minor, either 
 
 1. Willfully causes or permits the minor’s life to be en- 
 dangered, or its health to be injured, or its morals to be- 
 come depraved [Form No. 11] ; or 
 
 2. Willfully causes or permits the minor to be placed 
 in such a situation, or to engage in such an occupation, 
 that its life is endangered, or its health is likely to be in- 
 jured, or its morals likely to be impaired [Form No. 12]; 
 
 Is guilty of a misdemeanor. 
 
 This section is substantially the same as section 4 of chapter 112 
 of the Laws of 1876, entitled “An Act to prevent and punish wrongs 
 to children. 
 
 Construction of tile Act of 1876. — The People v. Cowley, 21 
 Hun , 415; affi’d, 83 N. Y. 464. 
 
 Custody. — An officer of an institution, having the general man- 
 agement thereof, and of the children therein, is deemed to have the 
 custody of such children under the act. People v. Cowley, supra ; 
 State v. Ruhl, 8 Iowa, 447. 
 
 So of the keeper of an asylum or prison. Wharton? s Crim. Law , 
 8th ed. vol. 1, sec. 333. 
 
Prevention of Cruelty to Children . 
 
 13 
 
 Duty of Custodian. — The law imposes upon a person who has 
 a child in his custody the duty of giving him food, clothing, care, and 
 medical attendance, reasonably necessary and proper to keep his life 
 from danger and his health from injury, and if such person has not 
 the means it is his duty to apply to the public authorities, and for 
 failure to do so he is liable, and his liability is the same if the custody 
 of the child is voluntarily assumed by a stranger who, at the time, owes 
 no duty. People v. Cowley, supra. 
 
 What constitutes neglect. — It is not necessary that an affirma- 
 tive act should be committed, but it is sufficient if one, having the 
 custody of the child, willfully omit to give it proper and wholesome 
 food, and willfully neglect to provide for and give it, when sick, proper 
 medicine and medical attendance, and by reason of such omissions 
 and neglect the life of the child is endangered or its health injured. 
 People v. Cowley, supra. 
 
 Duration of neglect. — The statute does not require the offense 
 to be made out by proof of an act on any particular day, and an in- 
 dictment is good averring the offense on a day specified, and may be 
 sustained by proof of repeated and continuous acts or neglects result- 
 ing in the effect condemned by the statute. People v. Cowley, supra. 
 
 Punishment. — Severe punishment of an innocent child is not 
 justified by the parent’s belief that she is guilty. Matter of Crawford, 
 3 Monthly Law Bulletin, 51. 
 
 The power which the law grants to school-masters and teachers 
 is analogous to that which belongs to parents, and the authority of 
 the teacher is regarded as a delegation of parental authority. The 
 law allows moderate correction, the welfare of the child being the 
 main purpose. Any punishment which may seriously endanger life, 
 limbs, or health, or shall disfigure the child or cause any other per- 
 ' manent injury, may be pronounced in itself immoderate, as not only 
 being unnecessary for, but inconsistent with, the purpose for which 
 correction is authorized. Where the punishment is not immoderate, 
 the legality must depend on the animus with which it is administered. 
 The State v. Pendergrass, 2 Devereux 6° Battle (. N . C.), 365 ; The 
 State v. Alford, 78 N. C. 322. 
 
 Endangering life. — Where a child was exposed to the weather, 
 and left alone in a room where a fire was burning, Held, that such 
 child’s life was thereby endangered. The People ex rel. Newby v. 
 The N. Y. S. P. C. C., Report of Hon. Nelson J. Waterbury, referee; 
 confirmed by Supm. Ct. Sp. Term, Donohue, J., Daily Register, Mar. 
 27, 1881. 
 
 Children in Theatres, etc.— Games of Chance. 
 
 § 290. A person who admits to, or allows to remain in 
 any dance-house, concert saloon, theatre, museum, or in 
 2 
 
14 
 
 Manual of the New York Society for the 
 
 any place where wines or spirituous or malt liquors are 
 sold or given away, or in any place of entertainment in- 
 jurious to health or morals, owned, kept, or managed by 
 him in whole or in part, any child actually or apparently 
 under the age of sixteen years, unless accompanied by its 
 parent or guardian, is guilty of a misdemeanor [Form 
 No. 13]. Any person who shall suffer or permit any such 
 child to play any game of skill or chance in any such 
 place, or in anyplace adjacent thereto, or to be or remain 
 therein, shall be guilty of a misdemeanor [Form No. 14]. 
 
 See, also, Penal Code, § 291, as to disposition of child found in 
 dance-house, etc., page 18. 
 
 Laws of 1882, chapter 410, — Section 2009. It shall not be law- 
 ful for any owner, lessee, manager, agent, or officer of any theatre in 
 the city of New York to admit to any theatrical exhibition, held in 
 the evening, any minor under the age of fourteen years, unless such 
 minor is accompanied by and is in the care of some adult person* 
 Any person violating the provision of this section shall be guilty of a 
 misdemeanor, and shall be liable to a fine of not less than twenty- five 
 dollars nor more than one hundred dollars, or imprisonment for a 
 term not less than ten nor more than ninety days, for each offense. 
 All moneys recovered under the provisions of this section, for fines, 
 shall be paid over to the treasurer of the Society for the Reformation 
 of Juvenile Delinquents in the City of New York, for the benefit of 
 such society. 
 
 Games of chance or skill. — Chapter 46 of the Laws of 1884 
 amended this section as above by adding the provisions therein con- 
 tained as to the playing of games of chance or skill by children, there- 
 by re-enacting section 2 of chapter 496 of the Laws of 1881. 
 
 Manager. — When the name of a person appeared on signs on 
 the walls of a concert saloon as “manager/’ and where such person 
 was seated at a desk and gave directions, Held , that such facts con- 
 stituted him the manager of the place within the act. The People v. 
 Geoghegan, Supm. Ct. Sp. Term , Barrett, J., Apr. 25, 1883. 
 
 Children Under Sixteen. 
 
 § 291. Any child actually or apparently under the age 
 of sixteen years who is found: 
 
 Amendment. — Laws of 1884, chapter 46, section 5, amended this 
 section as above by making the age sixteen years in all cases. 
 
Prevention of Cruelty to Children . 15 
 
 Begging, Gathering Bags, etc. 
 
 1. Begging or receiving or soliciting alms, in any man- 
 ner or under any pretense ; or gathering or picking rags, 
 or collecting cigar stumps, bones, or refuse from markets 
 [Form No. 15] ; or 
 
 See Penal Code, § 292, as to persons employing, etc., children to 
 beg, page 23. 
 
 What constitutes begging. — Where the evidence showed that 
 a boy, a cripple, was seen on the public street holding out his hand 
 to several persons, and receiving money, Held , that such acts consti- 
 tute “ begging alms” under 2 R. S. p. 837, sec. 4, relating to “ any 
 child found begging for alms,” etc., though no spoken words are 
 proved. Matter of Haller, 12 Hun , 13 1. 
 
 Gathering rags* etc. — Chapter 46 of the Laws of 1884 amended 
 this subdivision, as above, by adding the provisions therein contained 
 as to gathering rags, etc., thereby re-enacting section 1 of chapter 496 
 of the Laws of 1881. 
 
 Collecting cigar stumps, etc.— The collecting of cigar stumps 
 or refuse, whether from markets or other places, is within the act. 
 People ex rel. Coreado v. Catholic Protectory, Supm. Cl. Chambers , 
 Lawrence, J., Mar. 27, 1882. To same effect, Matter of Allegi, 
 Supm. Ct. Chambers , Bartlett, J., Daily Deg., Aug. 22, 1884. 
 
 Permitting child to collect cigar stumps, etc.— Chapter 
 
 428, Laws of 1877, sec. 2, as amended by chapter 496, Laws of 1881, 
 reads as follows : 
 
 § 3. Every person having the custody of any child under the age 
 of fourteen years, who shall permit or neglect to restrain such child 
 from begging, gathering, picking, or sorting rags, or from collecting 
 cigar stumps, bones, or refuse from markets, shall be guilty of a mis- 
 demeanor [Form No. 34]. And any such child found engaged in 
 any such occupation or business may be arrested and dealt with as 
 hereinafter provided. Any person violating the provisions of this sec- 
 tion shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof, shall be punished with a fine of not less than twenty-five dol- 
 lars nor more than one hundred dollars. 
 
 Homeless and Abandoned Children, 
 
 2. Not having any home or other place of abode or 
 proper guardianship ; or who has been abandoned or 
 improperly exposed or neglected, by its parents or other 
 person or persons having it in charge, or being in a state 
 of want or suffering [Form No. 16] ; or 
 
1 6 
 
 M anual of the New York Society for the 
 
 See also § 287 of Penal Code as to abandonment of child, page 9 ; 
 also § 288 of Penal Code, as to neglect to supply food, clothing, 
 etc., page 10. 
 
 Abandonment upder Laws of 1882 , cli. 410 . — § 1463. If any 
 
 child be found in a state of want and suffering, or being abandoned 
 or improperly exposed, or neglected by its parents, or such other per- 
 son as may have it in charge, or begging for alms, or soliciting charity 
 from door to door, or in any street, highway, or public place within 
 the city, the recorder or any police justice shall, on complaint and 
 competent proof thereof, commit such child to the almshouse or other 
 place provided for the support of the poor, to be kept employed and 
 instructed in useful labor, until discharged by the commissioners of 
 charities and correction, or until bound out by said commissioners as 
 an apprentice by them ; and the aforesaid provisions shall extend to 
 the children of all such persons as may be convicted of being common 
 prostitutes, or keepers of bawdy-houses or houses for the resort of 
 common prostitutes. 
 
 See § 291, subd. 5, Penal Code, page 18; also Laws of 1884, chap- 
 ter 438, sec. 2 (cited in full at pages 38 and 39, infra), as to place of 
 commitment. 
 
 Abandonment and exposure. — As to what constitutes, see 
 authorities cited under §§ 287 and 288 of Penal Code, pages 9 and 10 ; 
 also Laws of 1882, chapter 410, § 1463, supra. 
 
 Proper guardianship. — Where a young child lived for some 
 years with a woman who neglected to provide proper food, clothing, 
 care, and amusement, and endangered his health by exposing him to 
 the weather and by leaving him alone for hours, though no physical 
 violence was used, Held , that such child was without proper guardian- 
 ship. The People ex rel. Newby v. The N. Y. S. P. C. C., Report 
 of Hon. Nelson J. Waterbury, Referee; confirmed by Supreme Court, 
 Special Term, Donohue, J., Daily Register , March 27, 1884. 
 
 Children of Vicious Parents. 
 
 3. Destitute of means of support, being an orphan, or 
 living or having lived with or in custody of a parent or 
 guardian who has been sentenced to imprisonment for 
 crime, or who has been convicted of a crime against the 
 person of such child, or has been adjudged an habitual 
 criminal [Form No. 17] ; or 
 
 Destitute Of means Of support.— A destitute child should be 
 surrendered to the proper authorities. People v. Cowley, 83 N Y. 
 464. 
 
 Habitual Criminals.— See § 510, Code of Criminal Procedure, 
 and § 690, Penal Code. 
 
Prevention of Cruelty to Children . 
 
 i7 
 
 Children in Houses of Prostitution, Theatres, 
 
 etc. 
 
 4. Frequenting or being in the company of reputed 
 thieves or prostitutes, or in a reputed house of prostitu- 
 tion or assignation, or living in such a house either with or 
 without its parent or guardian [Form No. 18], or being in 
 concert saloons, dance-houses, theatres, museums, or other 
 places of entertainment, or places where wines, malt or 
 spirituous liquors are sold, without being in charge of its 
 parent or guardian [Form No. 19] ; or playing any game 
 of chance or skill in any place wherein or adjacent to 
 which any beer, ale, wine, or liquor is sold or given away, 
 or being in any such place [Form No. 20] ; or 
 
 See, also, § 290, Penal Code, as to persons allowing minors to re- 
 main in theatres, etc., page 13. 
 
 Female under sixteen detained for purposes of prosti- 
 tution. — See Laws 1881, chapter 496, § 3. 
 
 Section 3. Upon complaint under oath or affirmation to any 
 magistrate authorized to issue warrants in criminal cases, if in the 
 judgment of said magistrate, that the complainant has just and reason- 
 able cause to suspect that any female child under the age of sixteen 
 years is living or detained or kept in any house or place for the pur- 
 poses of prostitution, such magistrate shall immediately issue and de- 
 liver a warrant to any person authorized by law to make arrests, 
 authorizing him to enter and search such house or place, and to arrest 
 and bring any such child found therein, together with any person 
 occupying such house or place, or in charge thereof, before such 
 magistrate of competent jurisdiction, to be dealt with according to 
 law [Forms Nos. 21 and 39]. 
 
 Laws of 1882 > ch. 4-10. — § 1466. Whenever any female be- 
 tween the ages of fourteen and twenty-one years shall be brought 
 by the police, or shall voluntarily appear before a committing magis- 
 trate in the city of New York, charged with being a prostitute, or ad- 
 mitting herself to be such, and professing a desire to reform, and it 
 shall appear that such female has never been an inmate of the peni- 
 tentiary, such magistrate shall make an order that, in lieu of being com- 
 mitted to the workhouse or penitentiary, the said female shall be re- 
 moved to and detained in one of the following institutions, viz. : the Prot- 
 estant Episcopal House of Mercy,NewWork,the Roman Catholic House 
 of the Good Shepherd, foot of 89th street, or the Magdalen Female 
 Benevolent Asylum and Home of Fallen Women, provided that the 
 magistrate shall designate in such order as the place of detention such 
 
 2 * 
 
i8 
 
 Manual of the New York Society for the 
 
 one of the institutions above named as may be selected by the person 
 so committed, unless notice shall have been received from such insti- 
 tution that there is not room for the reception of further inmates. 
 
 (dailies of chance or skill. — Chapter 46 of the Laws of 1884 
 amends this subdivision by adding the provisions therein contained 
 as to the playing of games of chance or skill by children, thereby re- 
 enacting § 2 of chapter 496 of the Laws of 1881. 
 
 Prohibited Employments. 
 
 5. Coming within any of the descriptions of children 
 mentioned in section two hundred and ninety-two, 
 
 [Information against child employed as an acrobat, etc., Form 
 No. 22.] 
 
 [Information against child employed as a singer or musician, 
 Form No. 23.] 
 
 See § 292, Penal Code, pages 22 et seq. 
 
 Commitment of Children. 
 
 must be arrested and brought before a proper court 
 or magistrate, as a vagrant, disorderly or destitute child. 
 Such court or magistrate may commit the child to any 
 charitable, reformatory, or other institution authorized by 
 law to receive and take charge of minors, or may make 
 any disposition of the child such as now is or hereafter 
 may be authorized in the cases of vagrants, truants, pau- 
 per or disorderly persons [Commitment, Form No. 40]. 
 And no commitment of a child which shall recite therein 
 the facts upon which it is based shall be deemed invalid 
 by reason of any neglect or omission by the court or magis- 
 trate by whom such commitment is made to file any docu- 
 ments, papers, or proceedings relating thereto. 
 
 See also § 713, Penal Code, page 30, infra , as to place of committal. 
 
 Constitutionality. — Vagrancy acts, and acts for the prevention 
 and punishment of wrongs to children declared to be constitutional. 
 Matter of Forbes, 4 Park . C. P. 61 1 ; Duffy v. The People, 1 Hill , 
 355; s. c. 6 Hill , 75; Matter of Donohue, 1 Abb. N. C. 1. 
 
 Intention Of the law. — “ The intention of the law is not to 
 punish such children, but to protect and provide for their necessities 
 
Prevention of Cruelty to Children. 
 
 x 9 
 
 with tender care, and it would be a great mistake to hold that the 
 statute does not include such, as by reason of their appalling misfor- 
 tunes, need do nothing but silently attract attention to themselves to 
 receive, gifts of charity, unasked for in words, but really solicited by 
 far more touching appeals. The poor boy in this case, while creep- 
 ing through the throng of people on Broadway and Wall street, and 
 raising his hand to receive their alms, was accomplishing the purpose 
 of begging in a mode far more effective than to have sat at a corner 
 and cried out to every passer by for charity. 5 5 Matter of Haller, 12' 
 Hun , 1 3 1. % 
 
 “ The amendment of 1881 does not, in my judgment, change the 
 protection to children. That the General Term has held the act to 
 be. So far as taking from the parent possession of the child is con- 
 cerned, I know nothing in the law to prevent the Legislature from 
 making the child of age at any year, and certainly the greater includes 
 the less, and they can make the child the subject of protection at all 
 ages. Writ dismissed and child remanded. 55 Matter of Delamega ; 
 also, Matter of Mazzoni, Donohue, J., Supreme Court, Chambers, 
 Daily Register , September 28, 1881. 
 
 Vagrancy acts are in the nature of public regulations to prevent 
 crime and public charges and burdens, rather than of the nature of 
 ordinaiy criminal laws prohibiting and punishing an act or acts as a 
 crime or crimes ; if the condition of a person brings him within the 
 description of the statute, he may be convicted and imprisoned, 
 whether such a condition is his misfortune or his fault. Matter of 
 Forbes, supra. 
 
 Proper court or magistrate.— In New York city police jus- 
 tices have jurisdiction under this act. Matter of Moses (Gen. Term), 
 13 Abb. N. C. 189 ; s. c. N. V. Crim. Reports , 508 ; Matter of Fina, 
 Supreme Court, Chambers, Lawrence, J., Daily Reg., September 27, 
 1881. 
 
 Notice to parents. — In the case of children committed under 
 this act notice to parents is not necessary. People ex rel. Lopardo v. 
 Catholic Protectory (and three other cases), Supreme Court, Chambers, 
 Cullen, J., 61 How. Pr. 445. To same effect, Matter of Fina, supra. 
 
 Institutions* — The New York Society for the Prevention of 
 Cruelty to Children is authorized by law to receive children on com- 
 mitment. Chapter 112, Laws 1875. Matter of Kieley, Com. Pleas, 
 Spec. Term, 1 Monthly Law Bulletin , 74 ; Matter of Donohue, Su- 
 preme Court, Chambers, 1 Abb. N. C. 1 ; The People ex rel. Newby v. 
 N. Y. S. P. C. C., supra. Particulars as to other institutions located 
 in New York city, which receive on commitment, will be found in 
 Appendix, pages 77-80, infra. 
 
 Commitment.— Where a commitment recited, in substance, that 
 certain children, being under the age of fourteen, were charged, under 
 oath, with being vagrants, viz., “ engaged in the occupation of beg- 
 ging under the pretext of peddling, and of frequenting the company 
 of prostitutes, 55 etc., at a time and place named ; that the magistrate 
 
20 Manual of the New York Society for the 
 
 caused such persons to be brought before him for examination, and 
 proceeded to inquire into the matter; and thereupon, having read the 
 proofs and considered the matter, convicted such children of being 
 vagrants and committed them to the House of Refuge. He{d, that 
 the offenses were sufficiently charged; that the commitment was reg- 
 ular on its face, and that the facts were sufficiently stated and gave 
 the magistrate jurisdiction. Matter of Moses, I N. Y. Crim. R. 
 508; s. C. 13 Abb. N. C. 189. 
 
 * When a statute gives a precise definition of vagrancy, the magis- 
 trate must follow it,*and insert it in the warrant of commitment, if he 
 •determines the individual to be a vagrant and attempts to state the 
 facts which constitute vagrancy ; otherwise the commitment is void. 
 Matter of Forbes, 19 How. Pr. 457. 
 
 It is not necessary that the warrant should contain the names of 
 the witnesses or the testimony given by them ; it is sufficient if it con- 
 tain a brief statement of the offense charged, and the conviction and 
 judgment thereon. People v. Neilson, 16 Hun , 214. 
 
 A commitment for vagrancy should state that the person is a vag- 
 rant, but need not state all the particulars necessary to make out the 
 offense. Matter of Gray, 11 Abb. Pr. 56; People v. Moore, 3 Park. 
 Cr. 465 ; Matter of Hogan, 55 How. Pr. 458. 
 
 Commitment to House of Refuge.— It is not necessary that 
 the commitment of a juvenile offender to the House of Refuge in the 
 city of New York should specify the period of imprisonment; for this 
 is fixed by the statute. People v. Degnen, 6 Abb . Pr. N. S. 87 ; s. c. 
 54 Barb. 105. 
 
 Commitment a final judgment. — A commitment by a magis- 
 trate having jurisdiction is a final judgment under the habeas corpus 
 net (sec. 2016, Code of Civil Procedure), and cannot be reviewed. 
 Matter of Moses, supra ; Matter of Wright, 29 Hun, 357; Matter of 
 Donohue, 1 Abb. J\T. C. 1 ; People ex rel. Tweed v. Liscomb, 60 N. 
 Y. 559 ; People ex rel. Roddy v. N. Y. Juvenile Asylum, 12 Abb. Pr. 
 92; Matter of Baker, 11 How. Pr. 418,425. 
 
 Statement of age. — A recital in a commitment of the age of a 
 child is a final adjudication which cannot be inquired into on habeas 
 corpus. The People v. The Superintendent, etc., 8 Abb. Pr. N. S. 
 112; The People v. The Keeper, etc., 37 How. Pr. 494. 
 
 A recital in a commitment that a child is “ aged fourteen years,” 
 without words of limitation, such as “ no more,” is sufficient, and es- 
 tablishes the fact that the child is liable under the act. Matter of 
 Roach (Gen. Term), 18 Weekly Dig. 514. 
 
 Erroneous recital. — An erroneous recital of the title of Jhe 
 court making the commitment, will not invalidate the commitment. 
 Matter of Coughlin, 62 How. Pr. 34. 
 
 When magistrate’s power is exhausted.— After a person has 
 been convicted under the acts relative to disorderly persons, and a 
 record of conviction has been made up and signed (though not filed), 
 
Prevention of Cruelty to Children. 
 
 21 
 
 the committing magistrate has no power to discharge the prisoner, or 
 to tak^a recognizance. People v. Duffy, 5 Barb. 205 ; People v. 
 Brown, 23 Wend. 47. 
 
 Neglect to file papers. — Chapter 46 of the Laws of 1884 amends 
 this subdivision by adding the provisions therein contained as to neg- 
 lect or omission to file papers, thereby re-enacting part of section 4, 
 chapter 496, Laws of 1881. 
 
 Omission to file record of conviction. — The omission to file the 
 certificate was a neglect of duty on the part of the magistrate, which, 
 if willful, would subject him to punishment as for a misdemeanor, but 
 it cannot invalidate the judgment of the Court of Special Sessions held 
 by him. The People ex rel. Hoey v. Sup’t House of Refuge, Supm. 
 Ct., April, i860, MS. opinion. 
 
 It is no longer necessary, in order to sustain a commitment upon a 
 conviction in a Court of Special Sessions in the city of New York, that 
 a record of the conviction should be filed in the county clerk’s office. 
 Matter of Williamson (1867), Supm. Ct., 3 Abb. Pr. N. S. 244. 
 
 Child held on Criminal Charge, or as a Wit- 
 ness, etc. 
 
 6. Any magistrate having criminal jurisdiction may 
 commit temporarily to an institution authorized by law to 
 receive children on final commitment, and to have com- 
 pensation therefor from the city or county authorities, any 
 child under the age of sixteen years who is held for trial on 
 a criminal charge [Commitment, Form No. 40]; and may, 
 in like manner, so commit any such child held as a witness 
 [Information, Form No. 24] to appear on the trial of any 
 criminal case [Commitment, Form No. 41]; which institu- 
 tion shall thereupon receive the same and be entitled to 
 the like compensation proportionally therefor as on final 
 commitment, but subject to the order of the court as to 
 the time of detention and discharge of the child. Any 
 such child convicted of any misdemeanor shall be finally 
 committed to some such institution, and not to any prison, 
 or jail, or penitentiary, longer than is necessary for its 
 transfer thereto. No child under restraint or conviction, 
 actually or apparently under the age of sixteen years, shall 
 
22 
 
 Manual of the New York Society for the 
 
 be placed in any prison or place of confinement, or in any 
 court-room, or in any vehicle for transportation, in com- 
 pany with adults charged with or convicted of crime, ex- 
 cept in the presence of a proper official. 
 
 Amendment —Section 5, chapter 46, Laws of 1884, amends sec. 
 291 of the Penal Code by adding the above subdivision, thereby re-en- 
 acting a portion of section 4, chapter 440, Laws of 1881, and the whole 
 of section 4, chapter 428, Laws 1877. 
 
 Persons Employing Children. 
 
 § 292. A person who employs, or causes to be em- 
 ployed, or who exhibits, uses, or has in his custody for the 
 purpose of exhibiting or employing, any child apparently 
 or actually under the age of sixteen years [Form No. 25], 
 or who, having the care, custody, or control of such a child, 
 as parent, relative, guardian, employer, or otherwise, sells, 
 lets out, gives away, or in any way procures or consents 
 to the employment or exhibition of such a child [Form 
 No. 26] either, 
 
 In Gymnastics, etc. 
 
 1. As a rope or wire walker, dancer, gymnast, contor- 
 tionist, rider, or acrobat [Forms Nos. 25 and 26]; or 
 
 Acrobats and gymnasts. — Where three boys, of the respective 
 ages of fourteen, nine and eight years, were employed as gymnasts 
 and acrobats in a circus, Held, that such occupation was dangerous, 
 physically and morally; the contortions, evolutions and performance 
 of the acrobat being clearly physically dangerous, and the surround- 
 ings, accompaniments and companions of the circus ring equally so 
 morally: Held , that such children were properly convicted under chap- 
 ter 122, Laws 1876 (in substance the same as above section), and 
 properly committed to the New York Society for the Prevention of 
 Cruelty to Children. Matter of Donohue, 1 Abb. N. C. 1. 
 
 Rope walker. — Where a child was compelled to go through a 
 performance on a tight rope, Held , that such performance was dan- 
 gerous to life and limb, and in violation of the act. The People v. 
 Leonard, Donohue, J., Dec. 11, 1876. 
 
 Riding. — Where a boy was employed as a pony rider and rope 
 walker, Held , that he came within the act. Matter of Rivers, Dono- 
 hue, J., May 25, 1877. 
 
Prevention of Cruelty to Children . 23 
 
 In Begging, etc. 
 
 2. In begging or receiving alms, or in any mendicant 
 occupation [Forms 25 and 26]; or 
 
 See section 291, subd. 1, Penal Code, page 15, supra , and author- 
 ities there cited. 
 
 Permitting child to beg. — See chapter 428, Laws of 1877, sec. 
 2, as amended; cited in full under § 291, subd. 1, page 15, supra. 
 
 In Singing or Theatrical Performance, etc. 
 
 3. In peddling, singing, or playing upon a musical in- 
 strument [Form No. 27], or in a theatrical exhibition, 
 or in any wandering occupation [Forms Nos. 25 and 26]; 
 or 
 
 Theatrical exhibition. — Where a child, within the prescribed 
 age, took part in a play performed in a theatre, but did not sing, or 
 dance, or play on a musical instrument, Held , that such performance 
 was a theatrical exhibition, and that the person employing her came 
 within the provisions of the statute. The People v. Aberle, Special Ses- 
 sions ; affi’d by Hon. Rufus B. Cowing, City Judge, March 27, 1883. 
 
 Exhibitions included in the terms opera, farce, interlude, comedy, 
 tragedy, play, ballet, or which are in their nature dramatic, or are en- 
 tertainments on the stage, or on any part thereof, whether written or 
 not, or whether or not impromptu, given in a public place called the 
 “ National Garden,” where an admission of ten cents was charged, are 
 theatrical performances within the terms of the statute (ch. 13, L. 
 1839; ch- L L. 1862). The Society for the Ref. of Juv. Del. v. 
 Diers, Supm. Ct. Gen. Term, Jan. 1871, 10 Abb. (N. S.) 216. 
 
 Dancing. — Where a child was employed to dance and play upon 
 castanets in a low drinking place, Held , that the persons so employing 
 her are liable under the act. The People v. Denabla, Spec. Sess. > 
 Nov. 16, 1876. 
 
 Child Singer. — The employment of a child under the age of six- 
 teen in singing and dancing in a public exhibition, called a “ chil- 
 dren’s opera,” is expressly forbidden by the statute. Matter of Co- 
 rinne, Supm. Ct., Donohue, J., Daily Register , Dec. 16, 1881. 
 
 In Immoral Exhibition. 
 
 4. In any indecent or immoral exhibition or practice 
 [Forms Nos. 25 and 26]; or 
 
 Immoral exhibition. — Where a girl of twelve years of age was 
 kept for purposes of prostitution, Held , that the person so keeping her 
 
24 
 
 Manual of the New York Society for the 
 
 was liable under the act for using such child in an indecent and im- 
 moral exhibition and practice. The People v. Perkins, Spec. Sess.; 
 affi’d by Recorder, March, 1884, MS . opinion. 
 
 In Dangerous Exhibition. 
 
 5. In any practice or exhibition dangerous or injurious 
 to the life, limb, health, or morals of the child [Forms Nos. 
 25 and 26]; 
 
 What acts are dangerous. — The contortions, evolutions, and 
 performance of the acrobat are clearly physically dangerous, and the 
 surroundings, accompaniments, and companions of the circus ring are 
 equally so, morally. Matter of Donohue, page 22, supra . 
 
 See also authorities cited under subd. 1, page 22, supra. 
 
 Is guilty of a misdemeanor. 
 
 License to Sing. 
 
 But this section does not apply to the employment of 
 any child as a singer or musician in a church, school, or 
 academy, or in teaching or learning the science or prac- 
 tice of music, or as a musician in any concert with the 
 written consent of the Mayor of the city, or the President 
 of the Board of Trustees of the village where such con- 
 cert takes place. 
 
 Act of 1876. — This section is substantially a re-enactment of sec- 
 tions 1 and 2, chapter 122, Laws of 1876, declared to be constitu- 
 tional. Matter of Donohue, 1 Abb . N. C. 1. 
 
 Societies for the Prevention of Cruelty to 
 Children. 
 
 § 293. A constable or police officer must, and any 
 agent or officer of any incorporated society for the pre- 
 vention of cruelty to children may, arrest and bring before 
 a court or magistrate having jurisdiction, any person of- 
 fending against any of the provisions of this chapter, and 
 any minor coming within any of the descriptions of chil- 
 
Prevention of Cruelty to Children . 
 
 25 
 
 dren 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 for- 
 bidden 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. 
 
 See also § 288, Penal Code, page 10, supra , as to duties and powers 
 of officers. 
 
 Societies for the prevention of cruelty to children.— In- 
 corporated under chapter 130, Laws of 1875. 
 
 Public character. — A corporation may be private and yet the 
 act or charter contain provisions of a purely public character, intro- 
 duced solely for the public good and as a general police regulation of 
 the State. Regents of Univ. of Maryland v. Williams, 9 Gill 
 Johns. ( Mary l . R.) 388. 
 
 Powers of such societies.— The New York Society for the 
 Prevention of Cruelty to Children is authorized by the act under 
 which it is incorporated, and it is the duty of that society, whenever 
 the statutes relating to children are violated, to bring such violation to 
 the attention of the court ; to ask that the person or persons guilty of 
 such violations be punished, and, if the case demands it, that the 
 child in question be taken from the custody of those violating the law 
 and be placed where he will be protected. Matter of Corinne, supra ; 
 The People rel. The N. Y. S. P. C. C. v. Gilmore, 88 N. Y. 626. 
 
 The object and purpose of such societies is to see that the laws re- 
 lating to children are rigidly and in good faith enforced, and for that 
 purpose they may prefer complaints in any court or before any magis- 
 trate having jurisdiction. The People v. Strickland, 13 Abb. N. C. 
 473 . 
 
 Injunction. — No ex parte injunction will be granted against 
 a society for the prevention of cruelty to restrain it, or its officers or 
 agents, from enforcing the laws in relation to the prevention of cruel- 
 ty to animals. Davis v. A. S. P. C. A. 16 Abb. Pr. N. S. 73. 
 
 Duty of officer. — Where an officer of the New York Society for 
 the Prevention of Cruelty to Children discovered a child locked up 
 alone in a room where a fire was burning, and thereupon removed 
 such child from the room by means of a window and carried him to 
 the society’s office, Held , that such removal was lawful, and that the 
 child was a proper subject for the custody of the society. The People 
 ex rel. Newby v. The N. Y. S. P. C. C. supra. 
 
 3 
 
26 
 
 Manual of the New York Society for the 
 
 No formal action on the part of the society as a corporation is 
 necessary to enable an officer to prefer a complaint. The People v . 
 Strickland, supra . 
 
 Obscene Literature, etc. 
 
 § 317. A person who — 
 
 1. Sells, lends, gives away, or offers to give away, or 
 shows, or has in his possession with intent to sell, or give 
 away, or to show, or advertises, or otherwise offers for 
 loan, gift, sale, or distribution, an obscene or indecent 
 book, magazine, pamphlet, newspaper, story paper, writ- 
 ing, paper, picture, drawing or photograph, or any article 
 or instrument of indecent or immoral use, or who designs ? 
 copies, draws, photographs, prints, utters, publishes, or 
 otherwise prepares such a book, picture, drawing, paper* 
 or other article, or writes or prints, or causes to be writ- 
 ten or printed, a circular, advertisement, or notice of any 
 kind, or gives information orally, stating when, where, how, 
 or of whom, or by what means such an indecent or ob- 
 scene article or thing can be purchased or obtained 
 [Form No. 28]; or 
 
 Amendment. — Chapter 380, Laws of 1884, amended this section 
 (subdivision 1), as above, by inserting the words “ magazine, pamphlet, 
 newspapers, story paper,” and the words “ prints, utters, publishes.” 
 
 What constitutes obscenity. — “The question whether a pub- 
 lication is obscene does not depend upon its being true or false, but 
 upon its tendency to inflame the passions and debauch society. That 
 which offends modesty, is indecent and lewd, and tends to the crea- 
 tion of lascivious desires, is obscene ; and this tendency is matter of 
 fact to be judged by the jury. A book purporting to give medical 
 instruction may be amenable to the law as an obscene publication 
 when its tendency is rather to debauch society for the purpose of 
 gain than to benefit the public. The Commonwealth v. Landis, 8 
 Phi la. (Pa.) 453. 
 
 The question as to what is obscene is one for the jury to deter- 
 mine. The People v. Muller, 19 Weekly Dig. 256. 
 
 Description in indictment. — To sustain an indictment for 
 publishing an indecent paper the indictment should contain a general 
 description of the print and its tendency, but need not copy its lan- 
 guage. The People v. Hallenbeck, 52 How. Pr. 502; Commonwealth 
 
Prevention of Cruelty to Children . 27 
 
 v. Sharpless, 2 Sergeant 6° R. 92 ; Commonwealth v. Holmes, 17 
 Mass. 336. 
 
 So of pictures, they need not be particularly described. State v. 
 Pennington, 5 Lea ( Tenn .), 506. 
 
 Sale of Criminal Literature to Minor. 
 
 2. Sells, lends, gives away, or shows, or has in his pos- 
 session with intent to sell or give away, or to show, or ad- 
 vertises or otherwise offers for loan, gift, sale, or distribu- 
 tion, to any minor child, any book, pamphlet, magazine, 
 newspaper, or other printed paper devoted to the publica- 
 tion, or principally made up of criminal news, police re- 
 ports, or accounts of criminal deeds, or pictures and stories 
 of deeds of bloodshed, lust, or crime [Form No. 28]; or 
 
 Amendment. — Chapter 380, Laws of 1884, amended this section 
 by adding the above subdivision (2). 
 
 Exhibition of Criminal Literature to Minor. 
 
 3. Exhibits upon any street or highway, or in any other 
 place within the view, or which may be within the view, of 
 any minor child, any book, magazine, pamphlet, newspa- 
 per, writing, paper, picture, drawing, photograph, or other 
 article or articles coming within the descriptions of articles 
 mentioned in the first and second subdivisions of this sec- 
 tion, or any of them [Form No. 30]; or 
 
 Amendment. — Chapter 380, Laws of 1884, amended this section 
 by adding the above subdivision (3). 
 
 Employing Child to Sell Criminal Literature. 
 
 4. In any manner hires, uses, or employs any minor 
 child to sell or give away, or in any manner to distribute, 
 or who, having the care, custody, or control of any minor 
 child, permits such child to sell, give away, or in any other 
 manner to distribute any book, magazine, pamphlet, news- 
 paper, story paper, writing, paper, picture, drawing, pho- 
 
28 
 
 Manual of the New York Society for the 
 
 tograph, or other article or matter coming within the de- 
 scriptions of articles and matter mentioned in the first and 
 second subdivisions of this section, or any of them [Form 
 No. 31]; 
 
 Amendment. — Chapter 380, Laws of 1884, amended this section 
 by adding the above subdivision (4). 
 
 Is guilty of a misdemeanor. 
 
 Sal© of Firearms to Minor. 
 
 § 409. A person who manufactures, or causes to be 
 manufactured, or sells or keeps for sale, or offers, or gives, 
 or disposes of, any instrument or weapon of the kind usual- 
 ly known as slung-shot, billy, sand-club, or metal knuckles, 
 or who, in any city in this State, without the written con- 
 sent of a police magistrate, sells or gives any pistol or other 
 firearm to any person under the age of eighteen years, is 
 guilty of a misdemeanor [Form No. 32]. 
 
 Amendment. — § 7, chapter 46, Laws of 1884, amended this sec- 
 tion by adding the provision therein contained, relating to persons 
 under the age of eighteen years, thereby re-enacting a portion of § 1, 
 chapter 375, Laws of 1883. 
 
 Carrying of Firearms by Minor. 
 
 § 410. A person who attempts to use against another, 
 or who, with intent so to use, carries, conceals, or possesses 
 any instrument or weapon of the kind commonly known 
 as slung-shot, billy, sand-club, or metal knuckles, or a dag- 
 ger, dirk, or dangerous knife, is guilty of a felony. Any 
 person under the age of eighteen years who shall have, 
 carry, or have in his possession in any public street, high- 
 way, or place in any city of this State, without a written 
 license from a police magistrate of such city, any pistol or 
 other firearm of any kind, shall be guilty of a misde- 
 meanor. This section shall not apply to the regular and 
 ordinary transportation of firearms as merchandise, or for 
 use without the city limits [Form No. 33]. 
 
Prevention of Cruelty to Children . 
 
 29 
 
 Amendment. — § 8, chapter 46, Laws of 1884, amended this sec- 
 tion by adding the provisions therein contained relating to persons 
 under the age of eighteen years, thereby re-enacting a portion of § 1, 
 chapter 375, Laws of 1883. 
 
 House of Refuge. 
 
 § 701. Where a person under the age of sixteen years 
 is convicted of crime, the trial court may, instead of sen- 
 tencing him to imprisonment in a state prison or in a pen- 
 itentiary, direct him to be confined in a house of refuge 
 under the provisions of the statute relating thereto. Where 
 the conviction is had and the sentence is inflicted in the 
 first, second, or third judicial district, the place of confine- 
 ment must be the house of refuge established by the man- 
 agers of the Society for the Reformation of Juvenile Delin- 
 quents in the city of New York; where the conviction is 
 had and the sentence inflicted in any other district, the 
 place of confinement must be in the Western House of 
 Refuge for Juvenile Delinquents. But nothing in this sec- 
 tion shall affect the provision contained in section seven 
 hundred and thirteen. 
 
 § 713 Penal Code, page 30, infra . 
 
 Incorporation of house of refuge. — See acts cited in Appen- 
 dix, page 79, infra. 
 
 Intention of the law* — “In the humanity which the law ex- 
 tends to persons of immature years, it was intended, after the convic- 
 tion had been had and the liability incurred of imprisonment in the 
 State prison, upon its being ascertained upon examination that the 
 prisoner was under sixteen years of age, to interpose and ameliorate 
 the punishment by incarceration in an institution reformatory in its 
 character.” Park v. The People, 1 Lans. 263. 
 
 Period of imprisonment. — This is fixed by statute and need 
 not be specified in the commitment. The language “sent to the 
 house of refuge, there to be dealt with according to law,” refers 
 with sufficient certainty to the authority given by law to this institu- 
 tion, and that is, in express terms, to retain in its custody males until 
 their majority, and females until the age of eighteen years. The 
 People v. Degnen, 6 Abb. Pr. N. S. 87; s. C. 54 Barb. 105. 
 
 Apprenticing. — The institution may lawfully bind out children 
 committed to it to persons residing within or without this State, and a 
 3 * 
 
30 
 
 Manual of the New York Society for the 
 
 child so bound out is deemed not to be in the possession of the insti- 
 tution for the purposes of a return to a writ of habeas corpus. The 
 People ex ret. Tobans v. The Governors, etc., Supreme Ct. Gen. 
 Term (Dec. 1859), MS. opinion. 
 
 Child Convicted of Crime or Misdemeanor, 
 where Committed. 
 
 § 713. When a person under the age of sixteen is con- 
 victed 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 will- 
 ing to receive him, and be thereafter, until majority or 
 for a shorter term, subjected to such discipline and con- 
 trol 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 mis- 
 demeanor, under any provision of this Code, must be com- 
 mitted 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 par- 
 ents of such child. 
 
 Amendment. — § 9, chapter 46, Laws of 1884, amended the first 
 paragraph of this section by changing the limit as to age, from “ four- 
 teen ” to “sixteen” years, by substituting the word “ crime” for the 
 word “ misdemeanor,” and by inserting the words “ or institution.” 
 
 Child where committed for misdemeanor.— § 7, chapter 46, 
 Laws of 1884, amended this section by adding the second paragraph 
 thereof, thereby re-enacting, in substance, § 1, chapter 240, Laws of 
 1879. See also subd. 5, § 291, Penal Code, page 18, supra. 
 
 Institutions authorized to receive children. — See subdivis- 
 ion 5, § 291, Penal Code, and authorities cited, page 18, supra ; and 
 institutions named in Appendix, pages 77-80, infra. 
 
Prevention of Cruelty to Children . 
 
 3i 
 
 CODE OF CRIMINAL PROCEDURE. 
 
 Vagrants. 
 
 § 887. The following persons are vagrants : 
 
 8. Any child between the ages of five and fourteen, 
 having sufficient bodily health and mental capacity to at- 
 tend the public schools, found wandering in the streets or 
 lanes of any city or incorporated village, a truant, without 
 any lawful occupation. 
 
 Constitutionality. — Statutes concerning vagrants declared to be 
 constitutional. The People v . Forbes, 4 Park . Cr. 61 1 ; The People 
 v. Gray, 4 Park . Cr. 616. 
 
 Vagrancy Proceedings. 
 
 § 888. When complaint is made to any magistrate by 
 any citizen or peace officer against any vagrant under 
 subdivision eight of the last section, such magistrate must 
 cause a peace officer to bring such child before him for 
 examination, and shall also cause the parent, guardian, or 
 master of such child, if the child has any, to be summoned 
 to attend such examination. 
 
 If, thereon, the complaint shall be satisfactorily estab- 
 lished, the magistrate must require the parent, guardian, 
 or master to enter into an engagement in writing to the 
 corporate authorities of the city or village, that he will re- 
 strain such child from so wandering about, will keep him 
 in his own premises or in some lawful occupation, and 
 will cause him to be sent to school, at least four months 
 in each year, until he becomes fourteen years old. 
 
 The magistrate may, in his discretion, require security 
 for the faithful performances of such engagement. 
 
 If the child has no parent, guardian, or master, or none 
 can be found, or if the parent, guardian, or master refuse or 
 neglect, within a reasonable time, to enter into such an en- 
 
32 
 
 Manual of the New York Society for the 
 
 gagement, and to give such security if required, the mag- 
 istrate shall by warrant commit the child to such place as 
 shall be provided for his reception. If no such place for 
 his reception has been provided, he shall commit him to 
 the alms-house of the county. 
 
 See also § 291, subds. 5 and 6, and § 713 of Penal Code, as to 
 committing child to reformatory, charitable or other institution, pages 
 18, 21, 30, supra. 
 
 Child Committed as a Vagrant. 
 
 § 889. Every child received pursuant to the last sec- 
 tion, shall be kept until discharged by the overseers of 
 the poor or the commissioners of the alms-house of the city 
 or village, and may be bound out as an apprentice by them, 
 or either of them, with the consent of any magistrate or any 
 of the aldermen of the city, or any trustee of an incorpo- 
 rated village where he maybe, in the same manner, for the 
 same periods and subject to the same provisions in all re- 
 spects as directed in respect to parents whose children 
 have become chargeable on any town. 
 
 See note to § 888, supra , as to committing child to institution. 
 
 Children Begging. 
 
 § 893* If a child be found begging for alms, or solicit- 
 ing charity from door to door, or in a street, highway, or 
 public place in a village or town, a justice of the peace 
 or police justice, on complaint and proof thereof, must 
 commit the child to the county poor house or other place 
 provided for the support of the poor, to be kept, em- 
 ployed, and instructed in useful labor, until discharged by 
 the county superintendents of the poor, or in the city of 
 New York by the commissioners of charities and correc- 
 tions, or bound out as an apprentice by them, as prescribed 
 by special statutes. 
 
 See 2 Revised Statutes, p. 837, sec. 4. 
 
 See note to § 888, supra , as to committing child to institution. 
 
Prevention of Cruelty to Children . 
 
 33 
 
 See also § 291, subd. 1, Penal Code, page 15, and authorities there 
 cited, as to child found begging for alms. 
 
 Amendment. — This section is deemed to have been amended by- 
 chapter 46, Laws of 1 884, amending § 291, subds. 5 and 6, Penal 
 Code, pages 18, 21, 30, supra , and by Laws of 1884, chapter 438, 
 subd. 2, pages 38 and 39, infra , as to place of commitment. 
 
 Disorderly Persons. 
 
 § 899. The following are disorderly persons: 
 
 1. Persons who actually abandon their wives or chil- 
 dren without adequate support, or leave them in danger 
 of becoming a burden upon the public, or who neglect to 
 provide for them according to their means ; 
 
 See also Laws of 1833. chapter 11, sec. 7. 
 
 See also § 287, Penal Code, page 9, supra , as to abandonment of 
 
 child. 
 
 2. Persons who threaten to run away and leave their 
 wives or children a burden upon the public. 
 
 Abandonment of child. — As to what constitutes, see authorities 
 collected under § 287, Penal Code, page 9, supra. 
 
 The fact that the child has voluntarily left his home does not ab- 
 solve the father from his obligation of support, nor relieve him from 
 his liability under this section. The People v. Strickland, 13 Abb. 
 N. C. 473. 
 
 Abandonment of wife. — The person sought to be supported 
 must be shown to be the wife of the defendant. Duffy v. The People, 
 6 Hill, 75 . 
 
 The abandonment is complete when the separation takes place; it 
 is but one offense whether the separation is for a long or short period. 
 Bayne v. The People, 14 Hun , 181. 
 
 The husband cannot be convicted where he has in good faith of- 
 fered to support his wife : she cannot impose conditions. The Peo- 
 ple v. Pettit, 74 N. Y. 320; The People v. Strickland, supra. 
 
 The pendency of an action for divorce is no defense. The People 
 v. Mitchell, 2 Supm. Ct. 172. 
 
 Other disorderly persons.— See § 899, Code Crim. Pro. 
 
 Warrant against Disorderly Person. 
 
 § 900. Upon complaint on oath, to a justice of the 
 peace or police justice of a city, village, or town, or to the 
 
34 Manual of the New York Society for the 
 
 mayor, recorder, city judge, or judge of the general ses- 
 sions of a city, against a person, as being disorderly, the 
 magistrate must issue a warrant, signed by him, with his 
 name of office, requiring a peace officer to arrest the de- 
 fendant and bring him before the magistrate for examina- 
 tion. 
 
 Disorderly persons. — As to what constitutes, see § 899, Crim. 
 Code. 
 
 Proceedings against Disorderly Person. 
 
 § 901. If the magistrate be satisfied from the confes- 
 sion of the defendant, or by competent testimony, that he 
 is a disorderly person, he may require that the person 
 charged give security, by a written undertaking with one 
 or more sureties approved by the magistrate to the follow- 
 ing effect : 
 
 1. If he be a person described in the first or second 
 subdivision of section 899, that he will support his wife 
 and children and will indemnify the county, city, village, or 
 town against their becoming, within one year, chargeable 
 upon the public; 
 
 2. In all other cases, that he will be of good behavior 
 for the space of one year ; or, that the sureties will pay 
 the sum mentioned in the undertaking, and which must 
 be fixed by the magistrate. 
 
 Confession. — By a confession is meant a plea of guilty, or the 
 equivalent ; not a deduction of the magistrate from the prisoner’s ex- 
 amination. Bennac v. The People, 4 Barb. 164. 
 
 Sale of Liquor, etc., to Minors. 
 
 Laws of 1877 , cli. 120 . — An Act to amend chapter six 
 hundred and twenty-eight of the Laws of eighteen hundred and 
 fifty-seven, entitled, “ An Act to suppress intemperance and to 
 regulate the sale of intoxicating liquors. 
 
Prevention of Cruelty to Children. 
 
 35 
 
 The People of the State of New York , represented in Senate 
 and Assembly , do enact as follows : 
 
 Section I. Section fifteen of chapter six hundred and twenty- 
 eight of the Laws of eighteen hundred and fifty-seven, entitled, 
 a An Act to suppress intemperance and to regulate the sale of 
 intoxicating liquors is hereby amended so as to read as fol- 
 lows : 
 
 § 15. No inn, tavern, or hotel keeper, or any other person 
 licensed to sell any strong or spirituous liquors or wines, shall, 
 either personally, or by his wife, servant, employee, or other 
 agent, sell or give any such liquors or wines to any Indian or ap- 
 prentice, knowing, or having reason to believe him to be such, 
 or within the knowledge of such agent, without the consent 
 of his master or mistress, nor to any minor under the age of 
 eighteen years, without the consent of his father or mother, 
 or guardian. Whoever shall, either personally or by his wife, 
 servant, employee, or other agent, offend against either of 
 these provisions, shall forfeit ten dollars for each and every 
 offense, to be recovered by the master of such apprentice or 
 servant, or by the parent or guardian of such minor, and any 
 person who shall, either personally or by his wife, servant, em- 
 ployee, or other agent, sell or give away any strong or spirituous 
 liquors, ale, beer, or wine, to any Indian in this State, or shall sell 
 any beer, ale, wine, or any strong or spirituous liquor to any 
 minor under the age of fourteen years, knowing or having reason 
 to believe such minor to be under such age, shall be deemed 
 guilty of a misdemeanor, and on conviction shall be liable to a 
 fine of twenty-five dollars for each and every offense [Form 
 No. 35]. 
 
 § 2. This act shall take effect immediately. 
 
 Knowing him to be such. — The plaintiff has the burden of show- 
 ing that the defendant knew, or had reason to believe the person to 
 whom the sale was made was under eighteen years of age. The words 
 “ knowing or having reason to believe him to be such,” apply to mi- 
 nors as well as Indians and apprentices. Where the minor was quite 
 a young child it would be evident to the inn-keeper that he was under 
 eighteen and the penalty would then attach. Perry v. Edwards, 44 
 N. Y. 223. 
 
 Minor acting as agent. — Where an inn-keeper was convicted 
 of violation of the statute in selling liquor to a boy ten years of age, 
 who purchased it for an adult who lived in the same house and fur- 
 nished the money, Held , that the conviction was proper, and that the 
 fact that the boy was acting as agent for an undisclosed principal did 
 not relieve the accused. Ross v. The People, 17 Hun , 591. 
 
36 Manual of the New York Society for the 
 
 Accidents to Children. 
 
 Laws of 1 880, ch. 585. — An Act for the prevention of ac- 
 cidents to children. 
 
 The People of the State of New York , represented in Senate 
 and Assembly , do enact as follows : 
 
 Section 1. No minor child within this State not being a pas- 
 senger shall be allowed upon the platform or steps of any rail- 
 road car drawn by steam, or of any omnibus, street car, or other 
 vehicle drawn by horses, and the parents or guardians of any 
 child who shall permit such child to ride or play upon the steps 
 or platform of any such railroad car, omnibus, street car, or other 
 vehicle, shall be punished on conviction by a fine not less than 
 five nor more than ten dollars [Form No. 36]. 
 
 § 2. It shall be the duty of all constables and policemen with- 
 in this State to arrest any child or children violating the provis- 
 ions of this act. And any such child or children shall likewise 
 on conviction be punished by a fine not exceeding five dollars for 
 each offense [Form No. 37]. 
 
 § 3. This act shall take effect immediately. 
 
 Kidnapping: Persons of Foreign Birth. 
 
 An Act to protect persons of foreign birth against forcible 
 restraint or involuntary servitude, passed June 23, 1874. 18 
 
 U. S. Stat. at Large, 251. 
 
 Be it enacted by the Senate and the House of Representatives 
 of the United States of A?neric a , in Congress assembled: 
 
 Section 1. That whoever shall knowingly and wilfully bring 
 into the United States, or the Territories thereof, any person in- 
 veigled or forcibly kidnapped in any other country, with intent to 
 hold such person so inveigled or kidnapped, in confinement, or to 
 any involuntary service, and whoever shall knowingly sell, or 
 cause to be sold, into any condition of involuntary servitude, any 
 other person for any term whatever, and every person who shall 
 knowingly and wilfully hold to involuntary service any person so 
 sold and bought, shall be deemed guilty of a felony, and on con- 
 viction thereof, be imprisoned for a term not exceeding five 
 years, and pay a fine not exceeding five thousand dollars. 
 
 Kidnapping. — On the trial, in the United States District Court, 
 before Judge Benedict and a jury, of one Ancarola, an Italian pa- 
 drone, on an indictment for kidnapping under the U. S. statute, it was 
 proved that Ancarola had landed in New York, having in his cus- 
 tody several Italian boys whom he had obtained from their parents 
 in Italy, under contract and for a pecuniary consideration, it being 
 
Prevention of Cruelty to Children . 
 
 37 
 
 Ms intention to use the boys as street musicians. Judge Benedict 
 charged the jury that, “ If you find it proved that these children 
 landed from a vessel that brought them to this city from a foreign 
 port in custody of the accused ; that the accused had selected the 
 mode of conveying them and directed the movements of the chil- 
 dren in coming here, you may find that the children were brought 
 into the United States by the accused.” If “you conclude that the 
 arrangement made in Italy in regard to these children, or either of 
 them, contemplated the delivery of the children to the accused to be 
 by him brought to this country for the purpose of being employed as 
 beggars or street musicians in Chicago, and that the child was then 
 and there enticed to consent to such an arrangement, then you will be 
 justified in finding that such child had been inveigled in Italy.” * * 
 “ The evidence in regard to his knowledge, in regard to any inveiglement 
 of the children, is to be found in the testimony respecting the part he took 
 in making the bargain with the parents and the obtaining the consent of 
 the child.” * * As to intent, ‘ ‘ The children were taken from the 
 
 accused immediately upon landing from the steamer. * * The 
 
 question rather is, did he (the accused) intend to hold them (the chil- 
 dren) to involuntary service as beggars or as musicians ? Upon this ques- 
 tion the age of the child is important, for as you know, in regard to 
 some things, a child of such tender years is incapable of consent. The 
 nature of the employment to which the accused intended to put the 
 child, the evidence in regard to the arrangement made in Italy, and 
 the ability of the child to labor or play an instrument, are important 
 circumstances in the connection also, for if you believe from the evi- 
 dence that the intention of the accused in bringing the child to this 
 country was to employ the child as a beggar or as a street musi- 
 cian for his own profit, and that such employment was one inju- 
 rious to its morals and inconsistent with its proper care and education, 
 according to its conditions, then you will be justified in finding that 
 he intended to hold such child to involuntary service as charged in the 
 indictment, and this notwithstanding the fact that the child had con- 
 sented to the employment in Italy, and that no evidence of a subse- 
 quent dissent while under the control of the accused has been given.” 
 The jury rendered a verdict of guilty and the accused was remanded 
 for sentence. 
 
 The prisoner's counsel moved for a new trial before the full bench 
 of the United States Circuit Court, when, after argument had, the 
 conviction was affirmed, Judge Blatchford writing the opinion. The 
 United States v. Ancarola, I Fed. Rep. 676, and 17 Blatchf. C. C . R. 
 
 423. 
 
 Children in Institutions. 
 
 Laws of 1884, Chapter 488. — An Act to revise and consol- 
 idate the statutes of the State relating to the custody and care 
 of indigent and pauper children by orphan asylums and other 
 charitable institutions. Passed May 31, 1884; three-fifths being 
 present. 
 
 4 
 
38 Manual of the New York Society for the 
 
 The People of the State of New York , represented in Senate 
 and Assembly, do enact as follows : 
 
 SURRENDER BY BOTH PARENTS; BY THE MOTHER ALONE; 
 BY THE COUNTY A UT H O R ITI ES S U P PO RT OF CHILD. 
 
 Section 1. The guardianship of the person and the custody 
 of any indigent child may be committed to any incorporated or- 
 phan asylum or other institution incorporated for the care of or- 
 phan, friendless, or destitute children, by an instrument in writing 
 signed by the parents of such child, if both such parents shall 
 then be living, or by the surviving parent, if either parent of such 
 child be dead, or if either one of such parents shall have, for the 
 period of six months then next preceding, abandoned such child, 
 by the other of such parents, or if the father of such child shall 
 have neglected to provide for his family during the six months 
 then next preceding, or if such child be a bastard, by the mother 
 of such child ; or if both parents of such child shall then be dead, 
 by the guardian of the person of such child, legally appointed, 
 with the approval of the court or officer which appointed such 
 guardian, to be entered of record ; or if both parents of such 
 child shall then be dead and no legal guardian of the person* of 
 such child shall have been appointed, and no guardian of such 
 child shall have been appointed by a last will and testament, or 
 by a deed by either parent thereof, or if the parents of such 
 child shall have abandoned such child for the period of six 
 months then next preceding, by the mayor of the city or by the 
 county judge of the county in which such asylum or such other 
 institution shall be located, upon such terms, for such time, and 
 subject to such conditions as may be agreed upon by the parties 
 to such written instrument. And such written instrument may 
 provide for the absolute surrender of such child to such corpora- 
 tion. But no such corporation shall draw or receive money from 
 public funds for the support of any such child committed under 
 the provisions of this section, unless it shall have been deter- 
 mined by a court of competent jurisdiction that such child has 
 no relative, parent, or guardian living, or that such relative, 
 parent, or guardian, if living, is destitute and actually unable to 
 contribute to the support of such child. 
 
 Per capita allowance. — See § 194, subd. 21, chap. 410, Laws 
 1884. 
 
 CHILDREN BETWEEN TWO AND SIXTEEN YEARS OLD CAN- 
 NOT BE PLACED IN POOR-HOUSE, ETC.— R ELIGIOUS FAITH. 
 
 § 2. It shall not be lawful for any county superintendent or 
 overseer of the poor, board of charity or other officer, to send 
 any child between the ages of two and sixteen years, as a pauper, 
 to any county poor-house or alms-house for support and care, or 
 
Prevention of Cruelty to Children . 
 
 39 
 
 to detain any child between the ages of two and sixteen years in 
 such poor-house or alms-house ; but such county superintendents, 
 overseers of the poor, boards of charities, or other officers, shall 
 provide for such child or children, in families, orphan asylums, 
 hospitals, or other appropriate institutions, as provided by law. 
 The boards of supervisors of the several counties of the State are 
 hereby directed to take such action in the matter as may be nec- 
 essary to carry out the provisions of this section. When any 
 such child shall be so provided for or placed in any orphan asy- 
 lum or such other institution, such child shall, when practicable, 
 be so provided for or placed in such asylum or such other insti- 
 tution as shall then be controlled by persons of the same religious 
 faith as the parents of such child. 
 
 RECORDS OF I N STITUTIO N S CO PI ES OF SAME. 
 
 § 3. All institutions, public or private, incorporated or not 
 incorporated, for the reception of minors, whether as orphan, or 
 as pauper, indigent, destitute, vagrant, disorderly, or delinquent 
 persons, are hereby required to provide and keep a record in 
 which shall be entered as the date of reception, and the names 
 and places of birth and residence, nearly as the same can reason- 
 ably be ascertained, of all children admitted in such institutions, 
 and how and by whom and for what cause such children shall 
 be placed therein, and the names, residence, birthplace, and re- 
 ligious denomination of the parents of such children so admitted, 
 as nearly as the same can be reasonably ascertained ; and when- 
 ever any such child shall leave such institution, the proper entry 
 shall be made in such record, showing in what manner such 
 child shall have been disposed of, and if apprenticed to or 
 adopted by any person or family, or otherwise placed out at 
 service or on trial, the name and place of residence of the person 
 or head of the family to or with whom such child shall have been 
 so apprenticed, adopted, or otherwise placed out ; and extracts 
 from such record relating to any such child which shall have 
 been so admitted shall, within twenty-four hours after request 
 therefor by any parent, relative, or legal guardian of such child, 
 of the secretary or other officer of such asylum or other institu- 
 tion, and an order of the Supreme Court to that effect, be given 
 by such officer to such parent, relative, or legal guardian. Noth- 
 ing in this section shall be construed to prevent visitation by rel- 
 atives and friends in accordance with the established rules of 
 such institutions. 
 
 Code of Civil Procedure. — § 2065. An officer or other person, 
 who detains any one by virtue of a mandate, or other written author- 
 ity, must, upon reasonable demand, and tender of his fees, deliver a 
 copy thereof to any person who applies therefor for the purpose of 
 procuring a writ of habeas corpus or a writ of certiorari in behalf of 
 
40 
 
 Manual of the New York Society for the 
 
 the prisoner. If he knowingly refuses so to do, he forfeits two hun- 
 dred dollars to the prisoner. 
 
 REMOVAL OF C H I LD R E N N A M ES NOT TO BE CHANGED 
 
 RIGHTS OF PARENTS TO CUSTODY. 
 
 § 4. While any child which shall have been placed in such 
 asylum, or other institution, as a pauper, in pursuance of the 
 second section of this act, shall remain therein at the expense of 
 the county or town to which such pauper child is chargeable, the 
 superintendents of the poor of such county, or the overseer of 
 the poor of such town, may, in their discretion, remove such 
 child from such asylum or other institution and place such child 
 in some other such institution, or make such other disposition of 
 such child as shall then be provided by law. The name of no 
 such child shall be changed while in such institution as in this 
 section aforesaid. But no parent of such pauper child, so in 
 such asylum or other institution as in this section aforesaid, shall 
 be entitled to the custody thereof, except in pursuance of a judg- 
 ment or order of a court or judicial officer of competent jurisdic- 
 tion, adjudging or determining that the interests of such child 
 will be promoted thereby, and that such parent is fit, com- 
 petent, and able to duly maintain, support, and educate such 
 child. 
 
 APPRENTICES.— FORM OF INDENTURE. 
 
 § 5. Any corporation specified in the first section of this act 
 may bind out any indigent or pauper child, if a male, for a period 
 which shall not be beyond his twenty-first year, and if a female, 
 for a period which shall not be beyond her eighteenth year, 
 which shall have been absolutely surrendered to the care and 
 custody of such corporation in pursuance of the provisions of the 
 first section of this act, or which shall have been placed therein 
 as a pauper in pursuance of the provisions of the second section 
 of this act, or which shall have been left to the care of such cor- 
 poration with no provision by the parent, relative, or legal guard- 
 ian of such child, for its support for a period of one year then 
 next preceding, to be a clerk, apprentice, or servant, by an inden- 
 ture in writing, which shall be executed under seal and signed in 
 the name of such corporation by such officer or officers thereof 
 as shall be authorized by the directors or trustees thereof to sign 
 such corporate name to such indentures, and shall be signed also 
 by the person or persons to whom such child shall be so bound 
 out, who shall, in such indenture, undertake to treat such child 
 kindly, which binding shall be as effectual as if such child 
 had bound himself or herself with the consent of his or her 
 father. The provisions of sections eight, nine, and ten, of article 
 first of title fourth of chapter eight of part second of the Re- 
 
Prevention of Cruelty to Children . 41 
 
 vised Statutes, shall apply to all cases of binding under this 
 act. 
 
 (Note.- — Under this act children held on commitment of magis- 
 trate should not be indentured until they have been left without sup- 
 port for a period of at least one year.) 
 
 DAMAGES AGAINST EMPLOYERS. 
 
 § 6. Should any such master or employer to whom any such 
 child shall have been so bound out fail, at any time during the 
 continuance of such apprenticeship, to provide suitable and 
 proper board, lodging, and medical attendance, or fail to per- 
 form any of the provisions of said indenture, on his part, said 
 apprentice, individually, or any person on his behalf, may bring 
 an action against said employer to recover damages sustained by 
 reason of such failure ; and if proved to the satisfaction of the 
 court, and the court shall deem it a proper case, the court shall 
 direct said indentures to be canceled, and may render a judg- 
 ment against such employer not exceeding one thousand dollars, 
 and not less than one hundred dollars, and said judgment shall 
 be collected and paid over to the corporation which was a party 
 to such indenture, to be used for the benefit of such minor as 
 such corporation shall direct. 
 
 ADOPTION OF CHILDREN.— FORM OF AGREEMENT. 
 
 § 7. Any child which a corporation specified in the first sec- 
 tion of this act is, by the fifth section of this act, authorized to 
 bind out, may be placed by such corporation, by adoption, with 
 some suitable person or persons, by a written instrument of 
 adoption, which shall be executed under seal and signed in the 
 corporate name of such corporation by such officer or officers as 
 shall be authorized by the directors or trustees thereof to sign 
 such corporate name to such instruments, and which shall also 
 be signed by the person or persons with whom such child shall 
 be so placed by adoption, and if either of the persons so taking 
 such child by adoption shall then have a husband or wife from 
 whom such person is not lawfully separated, such instrument of 
 adoption shall also be signed by such husband or wife. When 
 practicable, all such children shall be indentured, bound out, and 
 £iven for adoption to persons of the same religious faith as the 
 parents of such children. 
 
 Adoption. — Forgeneralact relating to, see§ 2, R. S. p. 165 ; Laws 
 of 1873, ch. 830; Delafield’s Laws Relating to Children, p. 11 et seq. 
 
 RELATION OF FOSTER PARENT AND C H I LD .— PR O VIS IO N S IN 
 AGREEMENT.— AGREEMENT, BY WHOM EXECUTED. 
 
 § 8. Each person taking a child by adoption, in pursuance of 
 
42 Manual of the New York Society for the 
 
 this act, is hereinafter designated as the foster parent of such 
 child, and such foster parent and such child shall, after such 
 adoption, sustain toward each other the legal relation of parent 
 and child, and have all the rights and be subject to all the duties 
 of that relation, excepting the. right of inheritance, and except 
 that as respects the passing and limiting over of real and per- 
 sonal property under and by deeds, conveyances, wills, devises, 
 and trusts, said child so adopted shall not be deemed to sustain 
 the legal relation of child to either of its foster parents ; and such 
 instrument of adoption shall contain in substance the foregoing 
 provisions of this section, and the further provision that the fos- 
 ter parents of such child shall treat such child, in all respects, as 
 their own child should be treated. Such instrument of adoption 
 shall also contain, as nearly as can be reasonably ascertained, a 
 statement of the age of such child, and the age as so stated 
 shall be taken ftrima facie to be the true age without further 
 proof thereof. 
 
 § 9. Any child adopted in pursuance of the provisions of this 
 act, may take the surname of its foster parents. 
 
 § 10. If any child to be adopted or bound out in pursuance 
 of this act shall be over twelve years of age prior to such 
 binding out or adoption, such indenture or the instrument 
 of adoption, as the case may be, may be also signed by said 
 child. 
 
 RIGHTS AND RESPONSIBILITIES OF PARENTS. 
 
 g 11. The parents of any child which shall have been adopt- 
 ed or bound out in pursuance of this act shall, from the time of 
 such adoption or binding out, as the case may be, be relieved 
 from all parental duties toward, and of all responsibility for, the 
 child so bound out or adopted, and shall thereafter have no 
 rights over, or to the custody, services, or earnings of such 
 child. 
 
 CANCELLATION OF AGREEMENT BY CHILD. 
 
 g 12. Any child which shall have been adopted in pursuance 
 of the provisions of this act, or any corporation which shall have 
 been a party to the agreement by which such child shall have 
 been so adopted, or any person on behalf of such child, may 
 make an application to the surrogate’s court of the county in 
 which the foster parent of such child shall reside at the time of 
 such application, for the cancellation of such agreement of adop- 
 tion and for the termination of the relation of parent and child 
 between such foster parent and adopted child, upon the ground 
 of cruelty, misusage, refusal of necessary provisions or clothing, 
 or inability to support, maintain, or educate such child, or of any 
 violation of duty on the part of such foster parent toward such 
 
Prevention of Cruelty to Children. 
 
 43 
 
 child ; which application shall be by a petition setting forth the 
 grounds of such application and duly verified by the person or 
 by some officer of the corporation making the same. A citation 
 shall thereupon be issued out of such surrogate’s court, requir- 
 ing such foster parent to show cause why such application should 
 not be granted. The provisions of the Code of Civil Procedure 
 relating to the issuing, contents, time and manner of service of 
 citations issued out of surrogates’ courts, and to the hearing 
 upon the return thereof, and to enforcing the attendance of wit- 
 nesses, and to all proceedings thereon, and to appeals from de- 
 crees of surrogates’ courts, not inconsistent with this act, shall 
 apply in cases of citations issued in pursuance of this act, and to 
 all proceedings had thereon. And such surrogate’s court shall 
 have jurisdiction to order and compel the production of the per- 
 son of such child before such surrogate’s court. In case such 
 surrogate* shall, upon the proofs adduced before him upon the 
 hearing on such citation, determine that either of the aforesaid 
 grounds for such application exist, and that the interests of such 
 child will be promoted by granting such application, and that 
 such foster parent has justly forfeited his rights to the custody 
 and services of such child, a decree shall be made and entered 
 by such surrogate’s court canceling such agreement of adoption, 
 and terminating the relation of parent and child between such 
 foster parent and adopted child, which decree shall be valid and 
 effectual therefor; and thereupon the status of such child shall 
 be the same as if no proceedings with reference thereto had been 
 had under this act. But after one such petition against any such 
 foster parent shall have been denied, a citation upon a subse- 
 quent petition against the same foster parent may be issued or 
 refused in the discretion of the surrogate’s court to whom such 
 subsequent petition shall be' made. 
 
 CANCELLATION OF AGREEMENT BY PARENT. 
 
 § 13. Any foster parent who shall have adopted any child in 
 pursuance of this act may apply to the surrogate’s court of the 
 county in which such foster parent shall reside at the time of 
 such application, for the cancellation of the agreement for such 
 adoption, and for the termination of the relation of parent and 
 child between such foster parent and such adopted child upon 
 the ground of the willful desertion of such child from such foster 
 parent, or of any misdemeanor, or ill-behavior of such child, 
 which application shall be by petition stating the grounds of 
 such application, and the substance of such agreement of adop- 
 tion, and duly verified by the petitioner, and thereupon a citation 
 shall be issued out of such court directed to the said child and 
 to the corporation which was a party to such agreement of 
 
44 Manual of the New York Society for the 
 
 adoption, or to the superintendent of the poor of such county in 
 case such corporation shall not then be in existence, requiring 
 them to show cause why such petition should not be granted. 
 Unless such corporation shall appear upon the return of such 
 citation, before the hearing thereon shall proceed, a special 
 guardian shall be appointed by such court to protect the in- 
 terests of such child in such proceeding, and such foster parent 
 shall pay to such special guardian such sum as such court shall 
 direct for the purpose of paying the fees of such special guardian 
 and the necessary disbursements of such guardian in preparing 
 for and contesting such application on behalf of such child. In 
 case such surrogate shall determine, upon the proofs adduced 
 before him upon the hearing on such citation, that said child has 
 violated his duty toward such foster parent, and that, due regard 
 being had both to the interests of such child and of such foster 
 parent, the circumstances of the case require that such agree- 
 ment of adoption be canceled, and that such relation of parent 
 and child shall be terminated, a decree shall be made and en- 
 tered accordingly, which shall be valid and effectual for that 
 purpose; and such court may make any disposition of such 
 child which any court or officer shall then be authorized to make 
 of vagrant, truant, or disorderly children. If such surrogate shall 
 otherwise determine, a decree shall be made and entered by said 
 court denying such petition. 
 
 ACTS REPEALED. 
 
 § 14. The following acts and parts of acts heretofore passed 
 by the legislature of the State are hereby repealed, to wit : 1 chap- 
 ter one hundred and fifty-nine of the laws of eighteen hundred 
 and fifty-five ; 2 chapter sixty-one of the laws of eighteen hun- 
 dred and fifty-seven ; 3 chapter four hundred and eleven of the 
 laws of eighteen hundred and sixty-nine ; 4 chapter four hundred 
 and thirty-one of the laws of eighteen hundred and seventy ; 5 
 
 1 Entitled “ An act to allow the trustees, directors, or managers of incorpo- 
 rated asylums to bind out orphans or indigent children surrendered to their 
 care.” Passed April 5, 1855. 
 
 2 Entitled u An act in relation to orphan and destitute children.” Passed 
 March 2, 1857. 
 
 3 Entitled “ An act for the better protection of minors.” Passed April 29, 
 1869. 
 
 4 Entitled “ An act to amend an act entitled * An act to allow the trustees, 
 directors, or managers of incorporated asylums to bind out orphan or indigent 
 children surrendered to their care,’ passed April 5, 1855, and to provide for the 
 custody of such children.” Passed April 27, 1870. 
 
 5 Entitled “ An act to authorize the various associations and societies incor- 
 porated under the laws of the State of New York, for the purpose of taking 
 care of and protecting destitute infant minor children, to bind out by inden- 
 
Prevention of Cruelty to Children . 
 
 45 
 
 chapter five hundred and twenty-two of the laws of eighteen 
 hundred and seventy-five ; and sections one and two of * 1 chapter 
 one hundred and twelve of the laws of eighteen hundred and 
 seVenty-eight. But the repeal of said act shall not affect the 
 validity of any indentures of apprenticeship or other agreements 
 executed before this act shall take effect, nor any action or pro- 
 ceedings which shall have been commenced in any court or be- 
 fore any officer before this act shall take effect. 
 
 § 1 5. This act shall take effect immediately. 
 
 ture destitute children who are in their care and keeping.” Passed June 7, 
 1875. 
 
 1 Entitled “An act to amend chapter one hundred and fifty-nine of the laws 
 of eighteen hundred and fifty-five, entitled ‘ An act to allow the trustees, direc- 
 tors, or managers of incorporated asylums to bind out orphans or indigent chil- 
 dren surrendered to their care.’ ” Passed April 6, 1878. 
 

 
 ■ 
 
 
FORMS. 
 
 Directions as to Forms. 
 
 In preparing the Forms officers are directed to state time and 
 place and the facts constituting the particular offense as fully and ac- 
 curately as the circumstances of the case will permit. Where the 
 officer did not see the offense committed, he may allege “ that he has 
 been informed by John Roe, and has just cause to believe, and does 
 believe, that,” etc. Campbell v. Ewall, 7 How. Pr. 399. 
 
 Form No. 1. 
 
 Information for Kidnapping. 
 
 (Sec. 21 1, Subd. 1.) 
 
 District Police Court. 
 
 State of New York, ) ss . 
 
 City and County of New York, ( 
 
 , of Number , street, in said city, being duly 
 
 sworn, deposes and says, that on the day of , 188 , 
 
 at No. , street, in the said city of New York, one John 
 Roe did unlawfully and willfully seize [ or , confine — or , inveigle 
 — or , kidnap] one James Doe with intent to cause him, without 
 authority of law, to be secretly confined or imprisoned within this 
 State [or, to be sent out of this State — or, to be sold as a slave 
 — or, held to service — or, kept — or, detained] against his, said 
 James Doe’s, will, in violation of the statutes in such cases made 
 and provided, and especially of section 211 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form N% 2. 
 
 Information for Kidnapping Child. 
 
 (Sec. 211, Subd. 2.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, f ss " 
 
 , of Number , street, in said city, being 
 
48 
 
 Forms . 
 
 duly sworn, deposes and says, that on the day of , 
 
 1 88 , at No. , street, in said city of New York, one 
 
 John Roe did unlawfully and willfully lead [or, take — or , entice 
 away — or , detain] a certain child called James Doe, said child 
 then and there being under the age of twelve years, to wit, of 
 the age of years, with intent to keep or conceal said child 
 from its parent [ or , guardian — or other person having the law- 
 ful care or control of said child], [or, to extort — or, to obtain 
 money or reward for the return or disposition of said child — or, 
 with intent to steal any article about or on the person of said 
 child], in violation of the statutes in such case made and pro- 
 vided, and especially of section 211 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 3 . 
 
 Information for Kidnapping. 
 
 (Sec. 211, Subd. 3.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, ( ss ' : 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of 
 188 , one John Roe did unlawfully and willfully abduct [or, en- 
 
 tice — or, by force or fraud unlawfully take or carry away] one 
 James Doe at or from , a place without the State [or, pro- 
 cure — or, advise — or, aid or abet such — an abduction — or, entic- 
 ing—^, taking or carrying away], and did afterwards send, bring, 
 have, or keep said James Doe [or, cause him to be kept or se- 
 creted] within this State, to wit, at No. , street, in said 
 city of New York, in violation of the statutes in such case made 
 and provided, and especially of section 21 1 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of ,188 . 
 
Forms. 
 
 49 
 
 Form No. 4. 
 
 Information for Abduction of Female under Sixteen* 
 
 (Sec. 282, Subd. 1.) 
 
 District Police Court. 
 
 State of New York, ) . 
 
 City and County of New York, f ** 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of , 
 
 188 , at No. , street, in said city of New York, one 
 
 John Roe did unlawfully and willfully take a certain female [now 
 present] called Mary Doe, said female then and there being under 
 the age of sixteen years, to wit, of the age of years, for the 
 purpose of prostitution and sexual intercourse [ or , without the 
 consent of her father, mother, guardian, or other person having 
 legal charge of her person, for the purpose of marriage], in vio- 
 lation of the statutes in such case made and provided, and 
 especially of section 282 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 5. 
 
 Information for Abduction of Unmarried Female. 
 
 (Sec. 282, Subd. 2.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, f s *' 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of , 
 
 188 , at No. , street, in the said city of New York, 
 
 one John Roe unlawfully and willfully did inveigle \or , entice] a 
 certain female called Mary Doe, said female then and there being 
 unmarried and under the age of twenty- five years, to wit, of the 
 age of years, of previous chaste character, into a house of ill- 
 fame [ or , of assignation — or elsewhere] for the purpose of prostitu- 
 tion and sexual intercourse, in violation of the statutes in such case 
 made and provided, and especially of section 282 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of ,188 . 
 
 5 
 
Forms . 
 
 50 
 
 Form No. 6. 
 
 Information for Abduction of a Woman against her wilL 
 
 (Sec. 282, Subd. 3.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, f ss " 
 
 , of Number , street, in said city, being* 
 
 duly sworn, deposes and says, that on the day of , 
 
 188 , at No. , street, in said city of New York, one 
 John Roe unlawfully and willfully did take [or, detain] a certain 
 woman, called Mary Doe, unlawfully against her will, with the 
 intent to compel her by force [or, menace — or , duress] to marry 
 him [or to marry any other person— or, to be defiled], in violation 
 of the statutes in such case made and provided, and especially of 
 section 282 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 7. 
 
 Information against Parent consenting to Abduction. 
 
 (Sec. 282, Subd. 4.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of , 
 188 , at No. , street, in said city of New York, one 
 
 John Roe, then and there being the parent [or, guardian — or, 
 person having the legal charge of the person] of a certain female 
 [now present], called Mary Roe, said female then and there being 
 under the age of sixteen years, to wit, of the age of years, 
 
 did unlawfully and willfully consent to the taking [or, detaining] 
 of said female by one James Doe for the purpose of prostitution 
 and sexual intercourse, at No. , street, in said city, in 
 
 violation of the statutes in such case made and provided, and 
 especially of section 282 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
Forms . 
 
 5i 
 
 Form No. 8. 
 
 Information for Abandonment of Child. 
 
 (Sec. 287.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ “ 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of , 
 
 188 , at No. , street, in said city of New York, one 
 
 John Roe, then and there being the parent [or, person having 
 the care or custody for nurture or education] of a certain child 
 [now present] called James Roe, said child then and there being 
 under the age of six years, to wit, of the age of years, did 
 
 unlawfully and willfully desert said child in said place with intent 
 wholly to abandon said child, in violation of the statutes in such 
 case made and provided, and especially of section 287 of the 
 Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 9. 
 
 Information for omitting to furnish Food, etc.* to Minor. 
 
 (Sec. 288.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, ] ss ' : 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of , 
 188 , at No. , street, in said city of New York, one 
 
 John Roe did unlawfully and willfully omit, without lawful ex- 
 cuse, to perform a duty by law imposed upon him to furnish food 
 [ or , clothing— or, shelter — or , medical attendance] to a certain 
 minor [now present] called James Doe, the said James Doe being 
 then and there of the age of years, in violation of the stat- 
 utes in such case made and provided, and especially of section 
 288 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
5 2 
 
 Forms. 
 
 Form No. 10. 
 
 Information for “Baby Farming.” 
 
 (Sec. 288.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ ss ” 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of , 
 
 188 , at No. , street, in said city of New York, one 
 
 John Roe, not being a duly incorporated institution, did unlaw- 
 fully and willfully receive [or, board — or , keep] therein at the 
 same place, at the same time, more than two foundlings [or, 
 abandoned — or, homeless — children], to wit, three such children 
 [now present] named and aged respectively, Mary Doe, age 5 
 years, Jane Doe, age 3 years, Sarah Doe, age 1 year, said children 
 being then and there severally under the age of 12 years, none of 
 said children being the relatives, or apprentices or pupils or wards 
 of the said John Roe; and that the said John Roe received [or, 
 boarded — or , kept] the above named children at the time and 
 place aforesaid without legal commitment, and without having 
 first obtained a license in writing so to do from a member of the 
 State Board of Charities or from the Mayor or Board of Health 
 of the city of New York aforesaid, as by law required, in violation 
 of the statutes in such case made and provided, and especially of 
 section 288 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 11. 
 
 Information for Endangering Life or Health of Child. 
 
 (Sec. 289, Subd. 1.) 
 
 District Police Court. 
 
 State of New York, [ 
 
 City and County of New York, \ ** 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that on the day of , 188 , at 
 No. , street, in said city of New York, one John Roe, then 
 and there having the care and custody of one James Doe [now 
 present], the said James Doe being then and there a minor, to 
 wit, of the age of years, did then and there unlawfully and 
 
Forms. 
 
 53 
 
 willfully cause [or, permit] the said minor’s life to be endangered 
 [or, health to be injured — or, morals to become depraved], in 
 violation of the statutes in such case made and provided, and 
 especially of section 289 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 12. 
 
 Information for Placing Child in Dangerous Situation* etc. 
 
 (Sec. 289, Subd. 2.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ S " 
 
 , of Number , street, in said city, being duly sworn, 
 deposes and says, that on the day of , 188 , at No. 
 
 , street, in said city of New York, one John Doe, then 
 
 and there having the care and custody of one James Doe [now* 
 present], the said James Doe being then and there a minor, to wit, 
 of the age of years, the said John Doe did then and there 
 
 unlawfully and willfully cause [or, permit] the said minor to be 
 placed in such a situation [or, to engage in such an occupation] 
 that its [said minor’s] life was then and there endangered [or, 
 its health was and is likely to be injured — or, its morals were 
 and are likely to be impaired] in violation of the statutes in 
 such cases made and provided, and especially of section 289 of 
 the Penal Code. 
 
 Wherefore deponent prays that the said John Doe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 13. 
 
 Information for Admitting Child to Dance-house* etc. 
 
 (Sec. 290.) 
 
 • District Police Court. 
 
 State of New York, ; 
 
 City and County of New York, j ss ' : 
 
 , of Number , street, in said city, being 
 duly sworn, deposes and says, that on the day of ,188 , 
 
54 
 
 Forms. 
 
 at No. street, in said city of New York, one John Roe, 
 
 then and there being the owner [or, keeper -or, manager] of a 
 certain dance-house [or, concert saloon — or, theatre — or, mu- 
 seum — or , place where wines or spirituous or malt liquors were 
 then being sold or given away — or, place of entertainment 
 injurious to health or morals], known as , therein did un- 
 
 lawfully and willfully admit [or, allow to remain] a certain child, 
 called James Doe [now present], said child being then and there 
 actually and apparently under the age of sixteen years, to wit, of 
 the age of years, the said child then and there not being 
 
 accompanied by its parent or guardian, in violation of the stat- 
 utes in such case made and provided, and especially of section 
 290 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 14 . 
 
 Information for Permitting Child to Play Games of 
 Chance, etc. 
 
 (Sec. 290.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that on the day of , 188 , 
 
 at No. , street, in said city of New York, one John Roe did 
 then and there unlawfully and willfully suffer and permit a cer- 
 tain child called James Doe [now present], said child then and 
 there being actually and apparently under the age of sixteen 
 years, to wit, of the age of years, to play a certain game of 
 skill [or, chance — describing it] in said premises, the said prem- 
 ises then and there being [or, being adjacent to] a dance- house 
 [or, concert saloon —or, theatre — or, museum— or, place where 
 wine or spirituous or malt liquors were then being sold or given 
 away — or , place of entertainment injurious to health or morals], 
 and to be and remain therein in violation of the statutes in such 
 case made and provided, and especially of section 290 of the 
 Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
Forms . 
 
 55 
 
 Form No. 15 . 
 
 Information against Child Begging, Gathering Rags, etc. 
 
 (Sec. 291, Subd. 1.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, f s ** 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that on the day of ,188 , 
 
 at No. , street, in said city of New York, a certain child 
 
 [now present] called John Doe, then and there being actually 
 and apparently under the age of sixteen years, to wit, of the age 
 of years, was, by deponent, found begging, receiving, and 
 gathering alms [or, gathering or picking rags — or, collecting 
 cigar stumps — or, bones— or, refuse from markets], in violation 
 of the statutes in such case made and provided, and especially 
 of section 291 of the Penal Code. 
 
 Wherefore deponent prays that the said John Doe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 16 . 
 
 Information against Homeless or Abandoned Child. 
 
 (Sec. 291, Subd. 2.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ ss " 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that on the day of ,188 , at No. 
 
 , street, in said city of New York, a certain child [now 
 present] called John Doe, then and there being actually and ap- 
 parently under the age of sixteen years, to wit, of the age of 
 years, was by deponent found, not having any home or other 
 place of abode or proper guardianship [or, having been aban- 
 doned — or, improperly exposed — or, neglected by its parents or 
 other person or persons having it in charge — or, being in a state 
 of want and suffering], in violation of the statutes in such case 
 made and provided, and especially of section 291 of the Penal 
 Code. 
 
 Wherefore deponent prays that the said John Doe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
5 6 
 
 Forms . 
 
 Form No. 17 . 
 
 Information against Child Destitute* etc. 
 
 (Sec. 291, Subd. 3.) 
 
 District Police Court. 
 
 State of New York, [ 
 
 City and County of New York, f “ 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that on the day of , 188 , 
 
 at No. , street, in said city of New York, a certain child 
 
 [now present] called John Doe, then and there being actually 
 and apparently under the age of sixteen years, to wit, of the age 
 of years, was by deponent found destitute of means of 
 
 support, being an orphan [or, living — or, having lived with or in 
 custody of a parent or guardian who had been sentenced to im- 
 prisonment for crime — or , who had been convicted of a crime 
 against the person of said child — or, had been adjudged an habitual 
 criminal], in violation of the statutes in such case made and pro- 
 vided, and especially of section 291 of the Penal Code. 
 
 Wherefore deponent prays that the said John Doe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 18 . 
 
 Information against Child Frequenting the Company of 
 Thieves, etc. 
 
 (Sec. 291, Subd. 4.) 
 
 District Police Court. 
 
 State of New York, [ 
 
 City and County of New York, \ ss " 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that on the day of ,188 , at 
 
 No. , street, in said city of New York, a certain child [now 
 present] called John Doe, then and there being actually and ap- 
 parently under the age of sixteen years, to wit, of the age of 
 years, was by deponent found frequenting and being in 
 the company of reputed thieves [or, prostitutes — or, in a re- 
 puted house of prostitution or assignation — or, living in such 
 a house either with or without its parent or guardian — stating 
 names and places'], in violation of the statutes in such case made 
 and provided, and especially of section 291 of the Penal Code. 
 
Forms. 
 
 57 
 
 Wherefore deponent prays that the said John Doe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 1 88 
 
 ■ ss. : 
 
 Form No. 19 . 
 
 Information against Child Frequenting Concert Saloons, etc. 
 
 (Sec. 291, Subd. 4.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, ( ‘ 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that on the day of , 188 , 
 
 at No. , street, in said city of New York, a certain child 
 
 [now present] called John Doe, then and there being actually 
 and apparently under the age of sixteen years, to wit, of the age 
 of years, was by deponent found frequenting and being in 
 
 concert saloons [ or , dance-houses — or, theatres — or, museums — 
 or other place of entertainment — or , places where wines or malt 
 or spirituous liquors were then sold], and that said child then 
 and there was not in the charge of its parent or guardian, in 
 violation of the statutes in such case made and provided, and 
 especially of section 291 of the Penal Code. 
 
 Wherefore deponent prays that the said John Doe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 20 . 
 
 Information against Child Playing Game of Chance. 
 
 (Sec. 291, Subd. 4.) 
 
 District Police Court. 
 
 State of New York, \ 
 
 City and County of New York, j ss ” 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that on the day of , 188 , 
 
 at No. , street, in said city of New York, a certain child 
 
 [now present] called John Doe, then and there being actually 
 and apparently under the age of sixteen years, to wit, of the age 
 of years, was by deponent found playing a certain game 
 
 of chance [or, skill — describing it] in said premises, wherein [or, 
 adjacent to which] beer [or, ale — or, wine — or, liquor] was then 
 
58 
 
 Forms . 
 
 and there being sold or given away [or, found being in said 
 premises wherein — or , adjacent to which — beer — or, ale — or, 
 wine— or, liquor — was then and there being sold or given away], 
 in violation of the statutes in such case made and provided, and 
 especially of section 291 of the Penal Code. 
 
 Wherefore deponent prays that the said John Doe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 21 . 
 
 Complaint as to Female under Sixteen Years Living in 
 House of Prostitution. 
 
 (Laws 1881, Chap. 496, Sec. 3.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, j ss “ 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that he has just and reasonable cause to 
 suspect and does suspect, that on the day of ,188 , at a cer- 
 tain house or place known as No. , street, in said city of New 
 
 York, a certain female child called Mary Roe, said child being then 
 and there under the age of sixteen years, to wit, of the age of 
 years, was and is living and detained and kept therein for the 
 purpose of prostitution, in violation of the statutes in such case 
 made and provided, and especially of section 3, chapter 496 of 
 the Laws of 1881. 
 
 Wherefore deponent prays that the said Mary Roe, together 
 with any and all persons occupying such house or place, or in 
 charge thereof, by whatsoever names they may be known or 
 called, may be arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of ,188. 
 
 Form No. 22 . 
 
 Information against Child Employed as an Acrobat. 
 
 (Sec. 291, Subd. 5.) 
 
 District Police Court. 
 
 State of New York, \ 
 
 City and County of New York, ( “ 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that on the day of , 188 , 
 
Forms . 
 
 59 
 
 at No. , street, in said city of New York, a certain child 
 
 [now present] called John Doe, then and there being actually 
 and apparently under the age of sixteen years, to wit, of the age 
 of years, was then and there employed [or, caused to be 
 
 employed — or , exhibited — or, used — or , held in custody for the 
 purpose of being exhibited or employed] as a rope or wire 
 walker [or, dancer — or , gymnast — or , contortionist — or , rider — 
 or , acrobat — or, in begging — or , receiving alms — or, in any men- 
 dicant occupation —or, in peddling — or, in any theatrical exhibi- 
 tion — or, in any wandering occupation — or, in any indecent or 
 immoral exhibition or practice — describing it — or, in any prac- 
 tice or exhibition dangerous or injurious to the life, or limb, or 
 health or morals of said child — describing it] in violation of the 
 statutes in such case made and provided, and especially of sec- 
 tion 291 of the Penal Code. 
 
 Wherefore deponent prays that the said John Doe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 23. 
 
 Information against Child Employed as Singer or Musician. 
 
 (Sec. 291, Subd. 5.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, j s ' * 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that on the day of ,188 , at No. 
 
 , street, in said city of New York, a certain child [now present] 
 called John Doe, then and there being actually and apparently 
 under the age of sixteen years, to wit, of the age of years, 
 
 was then and there employed [or, caused to be employed — or, ex- 
 hibited — or, used — or, held in custody for the purpose of being 
 exhibited or employed], by one James Roe, in singing [or, play- 
 ing upon a musical instrument], the said child then and there 
 not being employed in a church, or school, or academy, or in 
 teaching or learning the science or practice of music, and not 
 being employed as a musician in a concert, with the written con- 
 sent of the Mayor of the city of New York as provided by law, 
 in violation of the statutes in such case made and provided, and 
 especially of section 291 of the Penal Code. 
 
 Wherefore deponent prays that the said John Doe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
6o 
 
 Forms . 
 
 Form No. 24. 
 
 Information against Child Witness. 
 
 (Sec. 291, Subd. 6.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, j ss " 
 
 , of Number , street, in said city, being duly 
 
 sworn, deposes and says, that a certain child called John Doe 
 [now present], being under the age of sixteen years, to wit, of 
 the age of years, is a necessary and material witness on 
 
 behalf of the people of the State of New York in a certain crim- 
 inal case now pending in the Court of Sessions of, in and 
 
 for the city and county of New York, entitled The People vs. 
 James Roe, wherein the said James Roe is charged with the 
 crime of , under Section of the Penal Code of said 
 
 State, in that he, the said James Roe [allege facts constituting 
 the crime charged\ and that the said John Doe will, as depo- 
 nent verily believes, unless duly held to appear on the trial there- 
 of, avoid giving his testimony at the instance of the people. 
 
 Wherefore deponent prays that the said child, John Doe, 
 may be temporarily committed to a suitable institution as a 
 witness, to appear on the trial of the aforesaid criminal case, in 
 pursuance of the statutes in such case made and provided, and 
 especially of Section 291 of the Penal Code. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 25. 
 
 Information against Person Illegally Employing Child as 
 an Acrobat* etc. 
 
 (Sec. 292.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, $ * * 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of , 
 
 188 , at No. , street, in said city of New York, one 
 
 John Roe did then and there unlawfully and willfully employ [or, 
 cause to be employed — or, exhibited — tfr,used — or, had in his cus- 
 tody for the purpose of exhibiting or employing] a certain child 
 [now present] called James Doe, said child then and there being 
 
Forms . 
 
 6 i 
 
 actually and apparently under the age of sixteen years, to wit, of 
 the age of years, as a rope or wire walker [or, dancer — or , 
 
 gymnast — or , cortortionist — or, rider — or , acrobat — or , in begging 
 — tfr, receiving alms — or, in any mendicant occupation — or, in 
 peddling— or, in any theatrical exhibition— or, in any wandering 
 occupation — or, in any indecent or immoral exhibition or practice 
 — or, in any practice or exhibition dangerous or injurious to the 
 life, or limb, or health, or morals of said child — describing it] in 
 violation of the statutes in such case made and provided, and 
 especially of section 292 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 26 . 
 
 Information against Parent or Other Person Consenting 
 to Illegal Employment of Child. 
 
 (Sec. 292.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of , 
 
 188 , at No. , street, in said city of New York, one 
 
 John Roe, then and there being the parent [or, relative — or, 
 guardian — or, employer — or other] and having the care, custody, 
 and control of a certain child called James Doe, said child then 
 and there being actually and apparently under the age of sixteen 
 years, to wit, of the age of years, did then and there un- 
 
 lawfully and willfully sell [or, let out — or , give away — or , procure 
 — or, consent to the employment or exhibition of] said child as 
 a rope or wire walker [or, dancer — or , gymnast — or, contortion- 
 ist — or, rider — or, acrobat — or , in begging — or, receiving alms — 
 > or,' in any mendicant occupation — or, in peddling — or, in any the- 
 atrical exhibition — or, in any wandering occupation — or, in any 
 indecent or immoral exhibition or practice — describing it — or, in 
 any practice or exhibition dangerous or injurious to the life, or 
 limb, or health, or morals of said child — describing it] in* viola- 
 tion of the statutes in such case made and provided, and especial- 
 ly of section 292 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 6 
 
62 
 
 Forms . 
 
 Form No. 27. 
 
 • . 
 
 Information against a Person Employing Child as Singer 
 or Musician. 
 
 (Sefc. 292, Subd. 3.) 
 
 District Police Court. 
 
 State of New York, 1 
 City and County of New York, \ ' 
 
 , of Number , street, in said city, being' 
 
 duly sworn, deposes and says, that on the day of , 
 
 188 , at No. , street, in said city of New York, one 
 
 John Roe did then and there unlawfully and willfully employ [or, 
 cause to be employed or exhibited or used— or, had in his custody 
 for the purpose of exhibiting or employing — or , then and there 
 being the parent, or guardian, or relative, or employer, having the 
 care, custody or control of, did sell, or let out, or give away, or 
 procure, or consent to the employment or exhibition of] a certain 
 child called James Doe, said child then and there being actually 
 and apparently under the age of sixteen years, to wit, of the age 
 of years, in singing [or, playing upon a musical instrument] ; 
 the said child then and there not being employed in a church, or 
 school, or academy, or in teaching or learning the science or prac- 
 tice of music, and not being employed as a musician in a concert, 
 with the written consent of the Mayor of the city of New York, as 
 provided by law, in violation of the statutes in such case made 
 and provided, and especially of section 292 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 28. 
 
 Information for Sale* etc., of Obscene Books, etc. 
 
 (Sec. 317, Subd. 1.) 
 
 - ss . . 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, $ ' 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of 
 
 188 , at No. , street, in said city of New York, one 
 
 John Doe did then and there unlawfully and willfully sell [or, 
 lend— or, give away — or, offer to give away or show, — or, have in 
 his possession with intent to sell— or, give away — or, to show — 
 
Forms. 
 
 63 
 
 or, to advertise — or, offer for loan or gift or sale or distribution, — 
 or, design — or, copy — or, draw — or, photograph — or, print — or, 
 utter — or, publish, — or, print or cause to be written — or, printed 
 a circular— or, notice — or, advertisement — or, gave information 
 orally — stating when — or, where— or, how — or, of whom — or, by 
 what means] a certain obscene and indecent book [ describing it 
 — or, magazine — or, pamphlet — or, newspaper — or; story-paper 
 • —or, writing — or, paper — or, picture — or, drawing — or, photo- 
 graph — or, article — or, instrument of indecent or immoral use], in 
 violation of the statutes in such case made and provided, and es- 
 pecially of section 317 of the Penal Code. 
 
 Wherefore deponent prays that the said John Doe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 
 day of ,188 . 
 
 Form No. 29 . 
 
 Information for Sale of Criminal Literature to Minor. 
 
 (Sec. 317, Subd. 2.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, ] * * 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of , 
 
 188 , at No. , street, in said city of New York, one 
 
 John Roe did then and there unlawfully and willfully sell [or, 
 lend— or, give away — or, show, — or, have in his possession with 
 intent to sell or give away — or, to show — or, advertise, — or, offer 
 for loan — or, gift — or, sale — or, distribution] to one James Doe 
 [now present], the said James Doe being then and there a minor 
 child, to wit, of the age of years, a certain book [describing 
 it — or, pamphlet — or, magazine — or, newspaper — or, printed pa- 
 per], which said book [or, pamphlet — etc.\ was then and there 
 devoted to the publication and principally made up of criminal 
 news [or, police reports — or, accounts of criminal deeds, — or, pic- 
 tures and stories of deeds of bloodshed — or, lust — or, crime], 
 in violation of the statutes in such case made and provided, 
 and especially of section 317 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 
 day of ,188 . 
 
6 4 
 
 Forms. 
 
 Form No. 30 . 
 
 Information for Exhibiting Obscene or Criminal Litera- 
 ture within View of Minor. 
 
 (Sec. 317, Subd. 3.) * 
 
 District Police Court. 
 
 State of New York, ( 
 
 City and County of New York, \ ss ' * 
 
 , of Number , street, in said city, being 
 
 duly sworn, deposes and says, that on the day of , 
 
 188 . at No. , street, in said city of New York, one 
 
 John Roe did unlawfully and willfully exhibit then and there, the 
 same being a street or highway [ or , other place], within the view 
 [ or , which might be within the view] of any minor child, and es- 
 pecially of James Doe [now present], the said James Doe being 
 then and there a minor child, to wit, of the age of years, a 
 certain obscene and indecent book [describing it — or , magazine 
 - — etc., as in Forms Nos. 28 and 29], in violation of the statutes 
 in such case made and provided, and especially of section 317 of 
 the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 
 day of , 188 . 
 
 Form No. 31 . 
 
 Information for Hiring Minor Child to Sell, etc., Obscene 
 or Criminal Literature. 
 
 (Sec. 317, Subd. 4.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ ” 
 
 . , of Number , street, in said city, being duly 
 
 sworn, deposes and says, that on the day of , 188 , 
 
 at No. , street, in said city of New York, one John Roe 
 
 did then and there unlawfully and willfully hire [or, use — or , em- 
 ploy] one James Doe [now present], the said James Doe being 
 then and there a minor child of the age of years, to sell [or, 
 give away — or, distribute] [or, then and there having the care, 
 custody, and control of one James Doe, the said James Doe being 
 then and there a minor child of the age of years, did per- 
 
 mit said child to sell — or , give away — or, distribute] a certain 
 obscene and indecent book [describing it — or, magazine — etc., 
 
Forms . 
 
 65 
 
 as in Forms Nos. 28 and 29], in violation of the statutes in such 
 case made and provided, and especially of section 317 of the 
 Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 
 day of , 188 . 
 
 Form No. 32. 
 
 Information against a Person for Selling Firearms to 
 Minor. 
 
 (Sec. 409.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, j ss " 
 
 , of Number , street, in said city, being duly 
 
 sworn, deposes and says, that on the day of , 1 88 , 
 
 at No. , street, in said city of New York, one John Roe 
 
 did then and there unlawfully and willfully, without the written 
 consent of a police magistrate, sell [or, give] a certain pistol [or 
 other firearm , describing it] to one James Doe [now present], 
 the said James Doe then and there being a person under the 
 age of eighteen years, to wit, of the age of years, in violation 
 of the statutes in such case made and provided, and especially of 
 section 409 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 
 day of , 188 . 
 
 Form No. 33. 
 
 Information against Minor for Carrying Firearms. 
 
 (Sec. 410.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, f ss *' 
 
 , of Number , street, in said city, being duly 
 sworn, deposes and says, that on the day of , 188 , 
 
 at No. , street, in said city of New York, one John Roe 
 [now present], then and there being under the age of eighteen 
 6 * 
 
66 
 
 Forms . 
 
 years, to wit, of the age of years, did then and there unlaw- 
 fully and willfully have [or, carry — or , have in his possession] 
 therein, the same being a public street [or, highway — or, place] 
 in said city, without a written license from a police magistrate 
 of said city, a certain pistol [or other firearm, describing it], and 
 that said John Roe then and there did not have [or, carry — or, 
 have in his possession] said pistol [or other firearm] in the regu- 
 lar and ordinary transportation of firearms as merchandise, or 
 for use without the city limits, in violation of the statutes in 
 such case made and provided, and especially of sectton 410 of 
 the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 
 day of , 188 . 
 
 Form No. 34 . 
 
 Information against Person neglecting to restrain Child 
 from collecting itefuse, etc, 
 
 (Laws of 1877, Chap. 428, Sec. 2, as amended by Laws of 1881, 
 Chap. 496.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, ( 
 
 , of Number , street, in said city, being duly 
 
 sworn, deposes and says, that on the day of , 188 , 
 
 at No. , street, in said city of New York, one John Roe 
 
 then and there having the custody of a certain child called James 
 Doe [now present], the said child being under the age of fourteen 
 years, to wit, of the age of years, did then and there unlaw- 
 fully and willfully permit [or, neglect to restrain] said child from 
 begging [or, gathering— or, picking — or, sorting — of rags, — or , 
 from collecting cigar stumps — or, bones — or, refuse from mar- 
 kets], which said child was then and there by deponent found 
 engaged in such occupation or business, in violation of the stat- 
 utes in such case made and provided, and especially of Chapter 
 428 of the Laws of 1877, as amended by Chapter 496 of the Laws 
 of 1881, and of Section 291 of the Penal Code. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
Forms. 
 
 67 
 
 Form No. 35 . 
 
 Information for Sale of Beer, etc., to Minor under 
 Fourteen. 
 
 (Laws of 1877, Chap. 420.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ ss " 
 
 , of Number , street, in said city, being duly 
 
 sworn, deposes and says, that on the day of , 188 , 
 
 at No. , street, in said city of New York, one John Roe 
 
 did then and there personally [or, by his wife — or , servant — or, 
 employe — or, agent, — to wit, Mary Roe] unlawfully and willfully 
 sell beer [or, ale — or, wine — or, strong or spirituous liquor com- 
 monly known as ], to wit, , to one James Doe [now 
 
 present], the said James Doe being then and there a minor 
 under the age of fourteen years, to wit, of the age of years, 
 and that the said John Roe then and there knew [or, had reason 
 to believe] that such minor was then and there under the age of 
 fourteen years, in violation of the statutes in such case made and 
 provided, and especially of Chapter 420 of the Laws of 1877. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 36 . 
 
 Information for Permitting Minor Child to Ride on Street 
 Car, not being a Passenger. 
 
 (Laws of 1880, Chap. 585.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ ss " 
 
 , of Number , street, in said city, being duly 
 
 sworn, deposes and says, that on the day of , 188 , 
 
 at No. , street, in said city of New York, one John Roe, 
 the said John Roe then and there being the parent [or, guardian] 
 of a certain minor child called James Roe [now present], did 
 then and there unlawfully and willfully permit said child to 
 ride upon [or, play upon] the steps [or, platform] of a certain 
 railroad car drawn by steam, to wit, [or, of a certain omni- 
 
 bus — or, street car — or other vehicle , describing it — such omnibus 
 — or, street car — or other vehicle — being then and there drawn 
 
68 
 
 Forms . 
 
 by horses], the said child then and there not being a passenger, 
 in violation of the statutes in such case made and provided, and 
 especially of Chapter 585 of the Laws of 1880. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of ,188 . 
 
 Form No. 37 . 
 
 Information against Minor Child Riding on a Street Car, 
 not being a Passenger. 
 
 (Laws of 1880, Chap. 585.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ SS " 
 
 , of Number , street, in said city, being duly 
 
 sworn, deposes and says, that on the day of , 188 , 
 
 at No. , street, in said city of New York, one John Roe 
 [now present], the said John Roe being then and there a minor 
 child, to wit, of the age of years, did then and there, not 
 
 being a passenger, ride upon [or, play upon] the steps [< or , plat- 
 form] of a certain railroad car drawn by steam, to wit, [or, 
 
 of a certain omnibus — or, street car — or other vehicle , describing 
 it , — such omnibus — or, street car —or other vehicle , describing it 
 — being then and there drawn by horses], in violation of the stat- 
 utes in such case made and provided, and especially of Chapter 
 585 of the Laws of 1880. 
 
 Wherefore deponent prays that the said John Roe may be 
 arrested and dealt with according to law. 
 
 Sworn to before me, this 
 day of , 188 . 
 
 Form No. 38 . 
 
 Warrant of Arrest. 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, \ ss " 
 
 In the name of the People ol the State of New York. 
 
 To the sheriff of the city and county of New York and his 
 deputies; to the superintendent of the municipal police of the 
 
Forms. 69 
 
 city of New York; to all the captains and officers of said munic- 
 ipal police, and to each of them : 
 
 Whereas, Information upon oath has been this day laid before 
 me by , that the crime [or, misdemeanor] of [ designating 
 
 it] has been committed, and accusing John Roe thereof. 
 
 You are therefor commanded forthwith to arrest the above 
 named John Roe, and bring him before me at {naming the place ] , 
 or in case of my absence or inability to act, before the nearest or 
 most accessible magistrate in this county. 
 
 Given under my hand, at the City and County 
 of New York, this day of , 188 . 
 
 Police Justice. 
 
 Form No. 39 . 
 
 Warrant as to Female under Sixteen Years Living in 
 House of Prostitution. 
 
 (Laws of 1881, Chap. 496, Sec. 3.) 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, j ss " 
 
 In the name of the People of the State of New York. 
 
 To the sheriff of the city and county of New York and his 
 deputies ; to the superintendent of the municipal police of the 
 city of New York; to all the captains and officers of said munic- 
 ipal police, and to each of them : 
 
 Whereas, has made complaint under oath to and be- 
 
 fore me that he has, and it further appearing in my judgment 
 that he has just and reasonable cause to suspect, and does sus- 
 pect, that a certain female child called Mary Roe, which said 
 child is under the age of sixteen years, to wit, of the age of 
 years, is now, this day of , 188 , living and is de- 
 
 tained and kept unlawfully in a certain house and place known as 
 No. , street, in said city, for the purpose of prostitution : 
 
 Now, therefore, I, , police justice, do authorize you to 
 
 enter and search the said house and place within said city, known 
 as No. , street, and to arrest and bring any such child 
 
 found therein, together with any and all persons occupying such 
 house or place, or in charge thereof, by whatsoever names they 
 may be known or called, before me to be dealt with according 
 to law. 
 
 Given under my hand, at the City and County 
 of New York, this day of , 188 . 
 
 Police Justice. 
 
70 
 
 Forms . 
 
 Form No. 40. 
 
 Final Commitment. 
 
 District Police Court. 
 
 State of New York, ) 
 
 City and County of New York, 5 SS " 
 
 By , Esquire, one of the police justices 
 for the city of New York. 
 
 To , one of the policemen of the city of New York : 
 
 Whereas, , a child, actually and apparently under 
 
 the age of sixteen years, to wit, of the age of years, was 
 
 heretofore, on the day of , 1 88 , duly brought before 
 me for examination, charged before me upon the allegation un- 
 der oath of , that he, the said child, on the 
 
 day of , 188 , at the city and county aforesaid [ state facts 
 as alleged in information ], in violation of the provisions of the 
 statute in such case made and provided, and in further violation 
 of the provisions of law in that behalf embraced and set forth in 
 the following laws of this State, to wit, “The New York City 
 Consolidation Act of eighteen hundred and eighty-two,” being 
 Chapter 410 of the Laws of 1882, and the acts amendatory there- 
 of, and the Penal Code of the State of New York, and the Code, 
 of Criminal Procedure of the State of New York; 
 
 And, having in due form of law examined the said complain- 
 ant and the witnesses before me produced, and also the said 
 child, , who was duly produced for my personal inspection 
 
 pursuant to the provisions of law aforesaid, and it appearing and 
 having been proven to me to my satisfaction, by competent tes- 
 timony and evidence, that the material allegations and matters 
 set forth and charged in the complaint are true, and that the 
 said child, , is, and on the day last aforesaid was, actually 
 
 and apparently under the age of sixteen years, to wit, of the age 
 of years, and on the day of , 188 , at the city 
 
 and county aforesaid [ state facts as alleged in information ], in 
 violation of the statutes and laws aforesaid ; 
 
 And, it having been further proved to my satisfaction, by com- 
 petent testimony and evidence, and by the examination of 
 
 the child, that such child is embraced within the provisions of 
 the laws aforesaid, and especially within the provisions of , 
 and that by reason of the neglect, habitual drunkenness, and 
 other vicious habits of the parents, the lawful guardians of such 
 child, it is expedient and desirable for the welfare of the child 
 that said persons, to wit, the said , should be deprived of 
 
 its custody hereafter, and that such child is a proper object for 
 the care and instruction of the society and corporation hereinaf- 
 ter named : 
 
Forms . 
 
 7i 
 
 Now, therefore, in the name of the people of the State of 
 New York, you are hereby commanded immediately to take 
 charge of the said , a child actually and apparently 
 
 under the age of sixteen years, to wit, of the age of years, 
 who has been proved to me, by competent testimony and evi- 
 dence, to be embraced within the provisions of the laws afore- 
 said, and especially within the provisions of , and who also 
 appears to my satisfaction to be a proper object for the care of 
 the corporation created by an act entitled “An act and 
 
 known as “ ,” and to deliver the said child without delay to 
 
 the said corporation at its house of reception in this city , 
 
 to which corporation such child is hereby committed, to be and 
 remain under the guardianship of its directors and managers 
 until therefrom discharged in manner prescribed by law. And* 
 for so doing this shall l^e your sufficient warrant. 
 
 Given under my hand and seal, at the City 
 of New York, this day of , 188 . 
 
 [Seal.] Police Justice. 
 
 Form No. 41. 
 
 Temporary Commitment of Child Witness. 
 
 District Police Court. 
 
 State of New York, ) . 
 
 City and County of New York, \ '* 
 
 By , Esquire, one of the police justices 
 for the city of New York. 
 
 To , one of the policemen of the city of New York: 
 
 Whereas, a child, actually and apparently under 
 the age of sixteen years, to wit, of the age of years, was 
 
 heretofore, on the day of ,188, duly brought before 
 me for examination, charged before me upon the allegation un- 
 der oath of , that he, the said child, , was and is a 
 
 necessary and material witness on behalf of the people of the 
 State of New York, in a certain criminal case now pending in 
 the Court of Sessions of, in and for the city and county of 
 
 New York, entitled The People vs. James Roe, wherein the said 
 James Roe is charged with the crime of , under Section 
 
 of the Penal Code of said State in that he, the said James 
 Roe \here state the facts constituting the crime charged ] ; 
 
 And, having in due form of law examined the said affiant, 
 and also the said child, , who was duly produced for my 
 
 personal inspection, and it appearing and having been proven to 
 me to my satisfaction, that the material allegations and matters 
 
72 
 
 Forms . 
 
 set forth in said affidavit are true, and that the said child r 
 is, and on the day last aforesaid was, actually and apparently 
 under the age of sixteen years, to wit, of the age of years, 
 and is a necessary and material witness for the people on the 
 trial of the aforesaid criminal case, and is within the provisions 
 of the statute in such case made and provided, and especially of 
 Section 291 of the Penal Code; and the said child having been 
 by me duly held as a witness for the people, to appear on the 
 trial of the criminal case aforesaid : 
 
 Now, therefore, in the name of the people of the State of 
 New York, you are hereby commanded immediately to take 
 charge of the said child, , and to deliver the said child to 
 
 the corporation known as “ ,” created by an act entitled, “An 
 
 ' act ,” and which is an institution authorized by law to re- 
 
 ceive children on final commitment anc^to have compensation 
 therefor from the city authorities, to which institution said child 
 is hereby temporarily committed to appear as a witness on 
 the trial of the criminal case aforesaid, to be and remain under 
 the guardianship of its directors and managers until therefrom 
 discharged in manner prescribed by law. And for so doing this 
 shall be your sufficient warrant. 
 
 Given under my hand and seal at the City of 
 New York, this day of , 188 . 
 
 TSeal.] Police Justice. 
 
 Form No. 42 . 
 
 Petition for Warrant. 
 
 (Code Civ. Pro. Sec. 2054.) 
 
 To the Honorable Supreme Court of the State of New York : 
 
 The petition of u The New York Society for the Prevention 
 of Cruelty to Children,” respectfully shows : 
 
 That it is a corporation duly incorporated and existing under 
 and in pursuance of Chapter 130 of the Laws of 1875 of the State 
 of New York. 
 
 That a certain male child, called , aged about 
 
 years, is unlawfully imprisoned, detained, confined, and 
 restrained of liberty, and is held in illegal confinement and 
 custody within this State by , at and within the premises 
 
 , in the city and county of New York. That such per- 
 son not the lawful guardian of such child, nor en- 
 
 titled to, nor fit, nor proper to be intrusted with, its custody, ed- 
 ucation, care, or control. That such child has, daily and fre- 
 
Forms . 
 
 73 
 
 quently during some time past, been, and now is, by the said 
 , unlawfully and illegally assaulted, and severely whipped, 
 beaten, struck, and bruised, without any just or lawful provoca- 
 tion or cause therefor. That the marks of such bruises and 
 beatings will appear plainly visible upon the body and limbs of 
 the said child at the present time upon inspection thereof. 
 
 All which your petitioner is prepared to substantiate by the 
 testimony of various persons, many of whom reside immediately 
 adjacent to the premises wherein such child is confined, ready to 
 be produced by your petitioner as witnesses in proof of the alle- 
 gations and statements in this petition set forth and contained. 
 
 Your petitioner further states, that he is able to show by the 
 witnesses aforesaid, and that there is good reason to believe from 
 the facts above stated, and your petitioner does believe, that the 
 said child will be carried out of the State by, or will suffer some 
 irreparable injury at the hands of the said , and be further 
 
 cruelly beaten, and perhaps maimed, before such child can be 
 relieved by the issuing of a habeas corpus or certiorari . 
 
 Your petitioner therefore prays that a warrant may be imme- 
 diately issued, pursuant to the statute in such case made and 
 provided, and directed to such sheriff, constable, or other person 
 as may be deemed proper, and commanding such officer or per- 
 son to take such child, and forthwith to bring such child before 
 you, to be dealt with according to law : And further to arrest 
 and bring before you the said having such child in 
 
 custody, to be dealt with according to law, pursuant to the stat- 
 ute in such case made and provided. 
 
 Dated, New York, , 188 . 
 
 The New York Society for the Prevention of Cruelty to 
 Children, by 
 
 Superintendent. 
 
 City and County of New York, ss.: 
 
 , being duly sworn, says : That he is an officer, to 
 wit, the superintendent of The New York Society tor the Pre- 
 vention of Cruelty to Children, the petitioner above named, and 
 that the foregoing petition is true of his own knowledge, except 
 as to the matters which are therein stated to be alleged on infor- 
 mation and belief, and that as to those matters he believes it to 
 be true. 
 
 Sworn to before me, this ) 
 
 day of , 1 88 , f 
 
 7 
 
74 
 
 Forms . 
 
 Form No. 43. 
 
 Warrant. 
 
 (Code Civ. Pro. Sec. 2054.) 
 
 Supreme Court of the State of New York. 
 
 State of New York, ) 
 
 City and County of New York, \ ss '* 
 
 To the sheriff of the city and county of New York and his 
 deputies ; to the superintendent of the municipal police of the 
 city of New York, and to all the captains and officers of said 
 municipal police, and to any constable of the said city: 
 
 Whereas, “The New York Society for the Prevention of 
 Cruelty to Children,” a corporation duly incorporated and exist- 
 ing under and in pursuance of the laws of this State, has applied 
 to this court for a warrant to take a certain child called , 
 
 alleged to be illegally confined by and in the custody of , 
 
 at and within the premises , in the city and county of 
 
 New York. 
 
 And whereas, it appears from the proofs before this court on 
 such application, that such child is a male child aged about 
 
 years and called , and is held in illegal confinement 
 
 and custody by , at and within the premises aforesaid ; and 
 
 that such person not the lawful guardian of such 
 
 child, nor entitled to, nor fit nor proper to be intrusted with its 
 custody, education, care, or control; and that such child has, 
 daily and frequently during some time past, been, and now is, by 
 the said , unlawfully and illegally assaulted, and severely 
 
 whipped, beaten, struck, and bruised without any just or lawful 
 provocation or cause therefor; and that the marks of such 
 bruises and beatings appear plainly visible upon the body and 
 limbs of the said child at the present time, upon inspection there- 
 of; and that , and that the said child will be carried out of 
 
 the State by, or will suffer some irreparable injury at the hands 
 of, the said , and be further cruelly beaten, and perhaps 
 
 maimed, before such child can be relieved by the issuing of a 
 habeas corpus or certiorari . 
 
 From which facts it satisfactorily appears to this court that 
 the said child , is held in illegal confinement and custody 
 
 by the said , and that there is good reason to believe that 
 
 such child will be carried out of the State or suffer some irrepar- 
 able injury before such child can be relieved by the issuing of a 
 habeas corpus or certiorari . 
 
Forms . 
 
 75 
 
 And the facts further appearing to this court, sufficient to 
 justify the arrest of the said having such child in 
 
 custody, as for a criminal offense committed in the taking and 
 detaining of such child, 
 
 These are therefore, in the name of the People of the State 
 of 'New York, to authorize and command you immediately to 
 take the said child , and also to arrest the said , and 
 bring them, and each of them, before this court without delay, to 
 be dealt with according to law. 
 
 Witness, Hon. , a Justice of the Supreme Court of the 
 State of New York, at the County Court House in the city of 
 New York, on the day of , 1 88 . 
 
 By the court, 
 
 L. S. 
 
 , Justice. 
 
APPENDIX. 
 
 The following named institutions, located in New 
 York city, receive on commitment : 
 
 American Female Guardian Society* — Incorporated under 
 chapter 244, Laws of 1849; amended by chapter 249, Laws of 
 1857; re-enacted by sections 1602-1607, chapter 410, Laws of 
 1882. Protestant. Receives boys from 2 to 10 years of age, 
 and girls from 2 to 14 years of age. Home, No. 32 East 30th 
 street. 
 
 Association for Befriending Children and Young Girls. — 
 
 Incorporated under chapter 319, Laws of 1848, as amended. 
 Roman Catholic. Receives girls from 3 to 18 years of age. In- 
 stitution, No. 136 Second avenue. 
 
 The Association for the Benefit of Colored Orphan s. —In- 
 corporated under chapter 232, Laws of 1838; amended by chap- 
 ter 306, Laws of 1872. Protestant. Receives boys and girls 
 from 2 up to 10 years of age. Asylum, 143d street and Tenth 
 avenue. 
 
 Asylum of St. Yincent de Paul. — Incorporated November 
 5th, 1868, under chapter 319, Laws of 1848, as amended. Ro- 
 man Catholic. Receives destitute and unprotected orphans and 
 half-orphan children of both sexes, of French birth or parentage, 
 and others from 3 up to 12 years of age. Asylum, No. 215 
 West 39th street. , 
 
 The Children’s Fold. — Incorporated under chapter 506, Laws 
 of 1874. Protestant. Receives boys and girls from 3 to 10 
 years of age. Institution, corner of 93d street and Broadway. 
 
 Commissioners of Charities and Corrections. — Incorporated 
 under chapter 510, Laws of 1866, as amended; re-enacted by 
 sections 385-423, of chapter 410, Laws of 1882. Receives in 
 Children’s Nursery infants, and in Hospital boys and girls of all 
 ages who require medical treatment. Office, No. 66 Third av- 
 enue; Hospital and Nursery on Randall’s Island. 
 
 7* 
 
78 
 
 Appendix . 
 
 Commissioners of Emigration. — Incorporated under an Act 
 passed May 5th, 1847, as amended ; re-enacted by sections 2032- 
 2068, of chapter 410, Laws of 1882. Receives all children who 
 have not been in the United States over one year and who have 
 been landed in the port of New York city. Office of Reception, 
 Castle Garden; Institution, Ward’s Island. 
 
 Dominican Convent of Our Lady of the Rosary. — Incorpo- 
 rated under chapter 319, Laws of 1848, as amended. Roman 
 Catholic. Receives boys from 2 to 6 years, and girls from 2 to 
 14 years of age. Institution, No. 329 East 63d street. 
 
 * Five Points House of Industry. — Incorporated March nth, 
 1854, under chapter 319, Laws of 1848, as amended. Protestant. 
 Receives boys and girls from 4 to 14 years of age. Office, No. 
 155 Worth street. 
 
 The Five Points Mission. — See Ladies Home Missionary 
 Society of the Methodist Episcopal Church, page 79, infra. 
 
 The Foundling Asylum of the Sisters of Charity of the 
 City of New York. — Incorporated October 9th, 1869, under 
 chapter 319, Laws of 1848, as amended. (See also chapter 635, 
 Laws of 1872.) Roman Catholic. Receives boys and girls 
 (foundlings) under 2 years of age. Office and Asylum, 68th 
 street and Third avenue. 
 
 Hebrew Benevolent and Orphan Asylum of the City of 
 New York. — Incorporated under chapter 14, Laws of 1832; 
 amended by chapter 21, Laws of 1870; re-enacted by section 
 1625, of chapter 410, Laws of 1882. Hebrew. Receives orphan 
 and half-orphan and indigent boys and girls under 13 years of 
 age. Asylum, Tenth avenue, between 136th and 138th streets. 
 
 The Hebrew Sheltering Guardian Society of New York. — 
 
 Incorporated under chapter 319, Laws of 1848, as amended. 
 Hebrew. Receives boys from 2 up to 10 years of age, and girls 
 from 2 up to 14. Office and Institution, southwest corner First 
 avenue and 57th street. 
 
 House of the Good Shepherd. — Incorporated November 1st, 
 1858, under chapter 319, Laws of 1848, amended. Roman Cath= 
 olic. Reformatory for women and girls. House, 89th and 90th 
 streets and East River. 
 
 House of Mercy. — Incorporated February 23d, 1855, under 
 chapter 319, Laws of 1848, as amended. Protestant. Reform- 
 atory for women and girls. House, 86th street and North 
 River. 
 
Appendix . 
 
 79 
 
 The House of Refuge. — See The Managers of the Society for 
 the Reformation of Juvenile Delinquents, infra . 
 
 Institution of Mercy. — Incorporated under chapter 319, 
 Laws of 1848, as amended. Roman Catholic. Receives girls 
 from 4 to 14 years of age. Office and Institution, No. 35 East 
 Houston street; Branch, St. Joseph’s Home, 81st street and 
 Fourth avenue. 
 
 The Ladies Deborah Nursery and Child’s Protectory, — In- 
 corporated under chapter 319, Laws of 1848, as amended. He- 
 brew. Receives boys and girls from 2 up to 14 years of age. 
 Office and Institution, No. 95 East Broadway. 
 
 Ladies Home Missionary Society of the Methodist Episco- 
 pal Church (known as 66 The Five Points Mission ”). — Incor- 
 porated by Act passed March 20th, 1856. Protestant. Receives 
 boys and girls from 3 up to 14 years of age. Office, No. 61 
 Park street. 
 
 The Managers of the Society for the Reformation of Ju- 
 venile Delinquents (known as “ The House of Refuge”). — 
 
 Incorporated under chapter 126, Laws of 1824, as amended; re- 
 enacted by sections 1594-1601, chapter 410, Laws of 1882. Re- 
 formatory for boys and girls between the ages of 12 and 16 
 years. House, Randall’s Island. 
 
 Missionary Sisters of the Third Order of St. Francis. — 
 
 Incorporated under chapter 319, Laws of 1848, as amended. 
 Roman Catholic. Receives boys from 2 up to 5 years of age, 
 and girls from 2 up to 14 years of age. House of Reception, No. 
 143 West 31st street. Institution, Peekskill, N. Y. 
 
 Mission of the Immaculate Yirgin for the Protection of 
 Homeless and Destitute Children. — Incorporated under Act 
 passed May 23d, 1877. Roman Catholic. Receives boys from 
 3 to 14 years of age. Home, No. 2 Lafayette Place. 
 
 New York Catholic Protectory. — Incorporated under chap- 
 ter 448, Laws of 1863, as amended, and re-enacted by sections 
 1618-1624, chapter 410, Laws of 1882. Roman Catholic. Re- 
 ceives boys and girls from 7 to 14 years of age. Office of Re- 
 ception, No. 415 Broome street; Protectory, Westchester, New 
 York. 
 
 New York Infant Asylum. — Incorporated under chapter 106, 
 Laws of 1865; re-enacted by sections 1627-1632 of chapter 410, 
 Laws of 1882. Protestant. Receives boys and girls (foundlings) 
 under 2 years of age. House of Reception, 61st street and 
 
80 Appendix. 
 
 Tenth avenue; Homes, Mount Vernon, N. Y., and Flushing, 
 L. I. 
 
 New York Juvenile Asylum. — Incorporated under chapter 
 332, Laws of 1851, as amended, and re-enacted by sections 
 1608-1617, chapter 410, Laws of 1882. Protestant. Receives 
 boys and girls from 7 to 14 years of age. House of Reception, 
 No. 61. West 13th street; Asylum, 176th street and Tenth 
 avenue. 
 
 The New York Magdalen Benevolent Society. — Incorpo- 
 rated October 31st, 1851, under chapter 319, Laws of 1848, as 
 amended. Protestant. Reformatory for women and girls. 
 Asylum, 88th street, between Madison and Filth avenues. 
 
 The Orphan Asylum Society in the City of New York. — 
 
 Incorporated under chapter 159, Laws 1807, amended by chap- 
 ter 372, Laws of 1872. Protestant. Receives boys and girls from 
 3 to 10 years of age. Asylum, West 73d street, between Elev- 
 enth avenue and Riverside Drive. Executive Committee receives 
 all applications for admission on Thursday, between 10 A. M. 
 and 12 M., at No. 29 East 29th street. 
 
 Sisters of the .Order of St. Dominick.— Incorporated under 
 Act passed December 20th, 1869. Roman Catholic. Receives 
 girls from 2 up to 14 years of age. House of Reception, No. 141 
 Second street; Asylum, at Blauveltville, N. Y. 
 
 St. Ann’s Home for Destitute Children. — Incorporated No- 
 vember 1 8th, 1879, under chapter 319, Laws of 1848, as 
 amended. Roman Catholic. Receives boys from 3 to 7 years 
 of age, and girls from 3 to 14 years of age Asylum, 90th street 
 and East River. 
 
 St. James’ Home. — Incorporated 1883, under chapter 319, 
 Laws of 1848, as amended. Roman Catholic. Receives girls 
 from 2 up to 14 years of age. Home, No. 26 James street. 
 
 St. Joseph’s Asylum in the City of New York.— Incorpo- 
 rated under chapter 378, Laws of 1859. Roman Catholic. Re- 
 ceives boys and girls under 14 years of age. Asylum, corner of 
 89th street and Avenue A. 
 
 St. Stephen’s Home for Children. — Incorporated in 1875, 
 under chapter 319, Laws of 1848, as amended. Roman Catho- 
 lic. Receives boys and girls from 2 up to 14 years of age. 
 Home, Nos. 145 and 147 East 28th street, and 138 East 29th 
 street. 
 
I N DEX. 
 
 ABANDONMENT of child, 9, 15, 33. 
 
 ABDUCTION by force, 9. 
 
 consent to, 9. 
 
 of female under sixteen, 7. 
 of unmarried female, 8. 
 
 ACCIDENTS to children on horse cars, etc., 36. 
 
 ADOPTION agreement, 41-44. 
 
 of children, 41. 
 
 AGE of child, 3. 
 
 statement of in commitment, 20. 
 
 AGREEMENT of adoption, 41-44. 
 
 ALMS, children receiving or soliciting, 15, 23, 32. 
 
 APPENDIX, 77-80. 
 
 APPRENTICE, institution may, 29, 40. 
 
 APPRENTICES, damages against employers of, 41 * 
 form of indenture, 40. 
 
 ARREST without warrant, 6. 
 
 by officer of S. P. C. C., 32. 
 
 BABY FARMING, 10, 12. 
 
 BEGGING, children, 15, 23, 32. 
 
 BOARDING children, 10. 
 
 BONES, collecting, 15. 
 
 BOOK of criminal news or police reports, 27. 
 indecent or obscene, 26. 
 
 CAPACITY of child to commit crime, 3, 4, 5. 
 
 CARRYING of fire-arms by minors, 28. 
 
 CHANCE, child playing game of, 14, 17. 
 
 CHARACTER for chastity, 8. 
 
 CHASTE character, 8. 
 
 CHILD, abandonment of, 9, 15, 33. 
 
 accidents to on horse cars, etc., 36. 
 adoption of, 41. 
 
 and foster parent, relation of, 41, 42, 
 apprenticing of, 40, 41. 
 as witness, 5, 21. 
 
 begging or receiving or soliciting alms, 15, 23, 32. 
 carrying of fire-arms by, 28. 
 
 collecting of cigar stumps, bones or refuse from mar- 
 kets, 15. 
 
82 
 
 Index . 
 
 CHI LD — continued . 
 
 commitment of, 18, 19, 20, 21. 
 committed as a vagrant, 32. 
 convicted of crime or misdemeanor, 30. 
 custody of, 8, 10, 12. 
 destitute of means of support, 16. 
 employed to sell criminal literature, 27. 
 endangering life or health of, 12, 13, 18, 24. 
 endangering morals of, 18, 24. 
 
 exhibited as a rope or wire walker, gymnast, etc., 18, 22. 
 
 exhibition of criminal literature to, 27. 
 
 found wandering, a truant, 31. 
 
 gathering or picking rags, 15. 
 
 held on a criminal charge, 21. 
 
 improperly exposed, 15. 
 
 in a reputed house of prostitution or assignation, 17. 
 in a state of want or suffering, 1 5. 
 
 in concert saloon, dance-house, theatre, museum or 
 other place of entertainment, 14, 17. 
 in institution, 37-45. 
 
 in place where wines, malt or spirituous liquors are 
 sold, 14, 1 7. 
 
 in the company of thieves or prostitutes, 17. 
 in theatre, concert saloon, museum, etc., 13, 14, 17. 
 kidnapping, 6. 
 
 name of not to be changed in institutions, 40. 
 not to be placed with criminals, 22. 
 of vicious parents, 16. 
 
 playing game of chance or skill, 14, 17, 18. 
 
 removal of from institution, 40. 
 
 sale of criminal literature to, 27. 
 
 sale of fire-arms to, 28. 
 
 sale of liquor to, 34, 35. 
 
 surrender of to institution, 38. 
 
 where committed, 18, 21, 30, 32, 33, 38, 39. 
 
 where surrendered, 38, 39. 
 
 without home, 1 5. 
 
 without proper guardianship, 15, 16. 
 
 CHILDREN, societies for the prevention of cruelty to, 24, 25. 
 CIGAR STUMPS, collecting, 1 5. 
 
 CIRCUS, child exhibited in, 18, 23, 24. 
 
 CLOTHING, omission to furnish, 10. 
 
 COMMITMENT of children, 18, 19, 20, 21. 
 
 CONCERT SALOON, person admitting child to, 13, 14, 17. 
 CONFESSIONS of infant, 5. 
 
 CONSENT to abduction, 9. 
 
 CONSTITUTIONALITY of laws relating to children, 18. 
 
Index. 
 
 83 
 
 CONTORTIONIST, child exhibited as a, 18, 22. 
 
 COURT having jurisdiction, 19. 
 
 CRIME, child convicted of, 30. 
 
 CRIMES, of what infants may be convicted, 4. 
 
 CRIMINAL charge, child held on, 21. 
 code, 31-34. 
 literature, 27. 
 
 literature, child employed to sell, 27. 
 news, 27. 
 
 CRUELTY to children, societies for the prevention of, 24, 25. 
 CUSTODY of child, 8, 10, 12. 
 
 DANCE HOUSE, person admitting child to, 13, 14, 17. 
 DANCER, child exhibited as a, 18, 22. 
 
 DANGEROUS exhibition, 18, 24. 
 
 DESTITUTE children, 16. 
 
 DETERMINATION of age of child, 3, 4. 
 
 DISORDERLY person, proceeding against, 34. 
 
 person, warrant against, 33. 
 persons, who are, 33. 
 
 EMPLOYERS of apprentices, damages against, 41. 
 EMPLOYING child to sell criminal literature, 27. 
 EMPLOYMENT of child as an acrobat, etc., 22. 
 
 of child in any indecent or immoral exhibition, 
 22, 23. 
 
 of child in begging or any medicant occupa- 
 tion, 23. 
 
 ENDANGERING life, health or morals of child, 12, 13, 18, 24. 
 ENTERTAINMENT injurious to health or morals, 14, 17. 
 ERRONEOUS recital in commitment, 20. 
 
 EVIDENCE as to age of child, 3, 4. 
 
 sufficient to convict infant, 4. 
 
 EXHIBITION, child employed in indecent or immoral, 18, 23. 
 child employed in theatrical, 18, 23. 
 dangerous to life or morals of child, 18, 24. 
 of child as an acrobat, etc., 22. 
 of child in singing, playing upon a musical in- 
 strument, 22, 23. 
 of criminal literature to child, 27. 
 of criminal pictures, 27. 
 
 FAITHISTS, neglect to supply medical aid, 11. 
 
 FEMALE under sixteen, abduction of, 7. 
 
 FIRE-ARMS, license to sell or carry, 28. 
 
 sale and carrying of, 28. 
 
 FOOD, omission to furnish, 10, 11. 
 
3 4 
 
 Index . 
 
 FORCE, abduction by, 9. 
 
 FOREIGN birth, kidnapping persons of, 36, 37. 
 
 FOSTER parent and child, relation of, 41, 42. 
 
 GAME of skill or chance, child playing, 14, 17. 
 GUARDIANSHIP, child without proper, 15, 16. 
 
 GYMNAST, child exhibited as, 18, 22. 
 
 HABITUAL criminal, where parent or guardian is, 16. 
 HEALTH of child, endangering, 12, 13, 18, 24. 
 
 HOMELESS CHILD, 15 
 
 HOUSE of ill-fame, what constitutes, 9. 
 
 of prostitution, recommending female to, 8. 
 of Refuge, 29, 79. 
 
 ILL-FAME, what constitutes a house of, 9. 
 
 IMMORAL exhibition or practice, child employed in, 18, 23. 
 INDECENT exhibition or practice, child employed in, 18, 23. 
 literature, 26. 
 
 INSTITUTIONS, Appendix, 77-80. 
 
 children in, 37-45. 
 records of, 39. 
 religious faith of, 30, 39. 
 
 INSTRUMENT, of indecent or immoral use, 26. 
 INTENTION of laws relating to children, 18, 19. 
 INTOXICATION, procuring, 6. 
 
 INVEIGLE, to, 5, 6. 
 
 KIDNAPPING, 5, 6, 7. 
 
 persons of foreign birth, 36, 37. 
 
 LEGAL charge of minor, 8, 10, 12. 
 
 LICENSE to carry fire-arms, 28. 
 
 to sell fire-arms, 28. 
 to sing, 24. 
 
 LIFE of child, endangering, 12, 13, 18, 24. 
 
 LIMB of child, endangering, 18, 24. 
 
 LIQUORS are sold, admitting child to place where, 14, 17. 
 
 sale of to child, 34, 35. 
 
 LITERATURE, criminal, 27. 
 
 obscene, 26. 
 
 MAGAZINE of criminal news or police reports, 27. 
 MAGISTRATE having jurisdiction, 19. 
 
 MAGISTRATE’S power when exhausted, 20. 
 
 MALT liquors are sold, admitting child to place where, 14, 17. 
 MANAGER, who is a, 14, 23. 
 
Index . 
 
 85 
 
 MARKET refuse, children collecting, 15. 
 
 MEDICAL attendance, omission to furnish, 10, 11. 
 MENDICANT occupation, 15, 23. 
 
 MISDEMEANOR, child convicted of, 30. 
 
 MORALS of child, endangering, 18, 24. 
 
 MUSEUM, person admitting child to, 13, 14, 17. 
 
 MUSICAL instrument, child employed in playing upon, 18, 23. 
 instrument, license to play, 24. 
 
 NAMES of children not to be changed in institutions, 40. 
 NEGLECT to file papers on commitment, 18, 21. 
 
 to furnish food, clothing, shelter or medical attend- 
 ance, 10, 11, 12, 13, 15. 
 
 NEWSPAPER of criminal news or police reports, 27. 
 indecent or obscene, 26. 
 
 NEW YORK Society for the Prevention of Cruelty to Children, 
 19, 25. 
 
 NOTICE to parents, 19. 
 
 OBSCENE literature, 26. 
 
 OFFENSES, of what infants may be convicted, 4. 
 
 OFFICERS of societies for the prevention of cruelty to child- 
 ren, 25. 
 
 OMISSION to file papers on commitment, 18, 21. 
 to furnish clothing, 10. 
 to furnish food, 10, 11. 
 to furnish medical attendance, 10, 11. 
 to furnish shelter, 10, 15. 
 
 PADRONE ACT, the, 36, 37. 
 
 PARENT or guardian an habitual criminal, 16. 
 
 or guardian convicted of crime against child, 16. 
 or guardian sentenced to imprisonment for crime, 16. 
 PARENTS, notice to, 19. 
 
 PEDDLING, 18, 23. 
 
 PENAL CODE, 3-30. 
 
 PER CAPITA allowance to institutions, 38. 
 
 PERMITTING child to collect cigar stumps, etc., 15. 
 
 PERSON employing a child as a rope or wire walker, gymnast, 
 etc., 22. 
 
 PERSONAL inspection of child, 3, 4. 
 
 PERSONS having legal charge of minor, 8, 10. 12. 
 
 PICTURE, indecent or obscene, 26. 
 
 PICTURES of deeds of bloodshed, 27. 
 
 POLICE reports, 27. 
 
 PRACTICE, child employed in indecent or immoral, 18, 23. 
 
 8 
 
86 
 
 PRESUMPTION as to crii 
 PROCEEDINGS against d 
 vagrancy 
 
 PROCURING intoxication, 
 
 PROHIBITED employment 
 PROSTITUTION, purposes 
 PURPOSES of prostitution, 
 
 RAGS, children gathering or picking, 1 5. 
 
 RECOMMENDING female to house of prostitution, 8. 
 RECORD of conviction, omission to file, 18, 21. 
 
 RECORDS of institutions, 39. 
 
 REFUSE from markets, children collecting, 15. 
 
 RELIGIOUS faith of institutions, 30, 39. 
 
 REMOVAL of children from institutions, 40. 
 
 RIDER, child exhibited as a, 18, 22. 
 
 ROPE or wire walker, child exhibited as a, 18, 22. 
 
 SALE of fire-arms to minors, 28. 
 
 of liquor, etc., to child, 34, 35. 
 
 SHELTER, omission to furnish, 10. 
 
 SING, license to, 24. 
 
 SINGING, child employed in, 18, 23. 
 
 SKILL, child playing game of, 14, 17. 
 
 SOCIETIES for the prevention of cruelty to children, 24, 25. 
 SPIRITUOUS liquors are sold, admitting child to place where, 
 14 , 17 . 
 
 STORIES of lust or crime, 27. 
 
 SUFFERING, child in a state of, 15. 
 
 SUPPORT of child in institution, 38. 
 
 SURRENDER of child to institution, 38. 
 
 THEATRE, person admitting child to, 13, 14, 17. 
 THEATRICAL exhibition, child employed in, 18, 23. 
 TRUANT children, 31. 
 
 UNMARRIED female, abduction of, 8. 
 
 VAGRANCY proceedings, 31. 
 
 VAGRANT, child committed as a, 32. 
 
 VAGRANTS, 31. 
 
 WANDERING occupation, child employed in, 15, 23. 
 
 WANT, child in a state of, 15. 
 
 WARRANT against disorderly person, 33. 
 
 WIFE, person who abandons his, 33. 
 
 WINES are sold, admitting child to place where, 14, 17. 
 WITNESSES, children as, 5, 21. 
 
 UNIVERSITY OF ILLINOIS-URBAN A 
 
 179.2 N48M C001 
 Manual ot the New York society tor the p