§ 41. Duty of district attorney to attend court. It shall be the duty of the district attorney of the counties of New York, Kings, Queens and Richmond, respectively, to attend in person or by an assistant or deputy assistant at all sessions of any part of the court of special sessions held within this county, except the children's court.

§ 42. Children's courts in boroughs of Queens and Richmond. On and after the first day of September, nineteen hundred and ten, the city magistrates shall not have jurisdiction in any child's case in the boroughs of Queens and Richmond but the jurisdiction in all cases of children shall be had and possessed by the children's court and its justices. (As amended by chapter 531 of the Laws of 1915.)

City of Rochester.

AN ACT to amend chapter fourteen of the laws of eighteen hundred and eighty, entitled "An act to further amend chapter one hundred and forty-three of the laws of eighteen hundred and sixty-one, entitled 'An act to amend and consolidate the several acts in relation to the charter of the city of Rochester,' and to consolidate there with the several acts in relation to the charter of said city."

Chapter 543, Laws of 1905.

Section 1. Section two hundred and sixty-five of chapter fourteen of the laws of eighteen hundred and eighty, as amended by chapter five hundred and sixty-one of the laws of eighteen hundred and ninety, is hereby amended so as to read as follows:

§ 265. All cases involving the commitment or trial of children actually or apparently under the age of sixteen years for any violation of law or ordinance before the police justice or police court of the city of Rochester, shall be heard and determined in a separate courtroom, to be known as the children's courtroom, and separate and apart from the trial of other criminal cases, of which session a separate docket and record shall be kept. Whenever a child actually or apparently under the age of sixteen years is

taken into custody in the city of Rochester, such child shall be arraigned in the children's courtroom and shall not be taken knowingly to that part of the police court where other criminal trials are had; and if through an inadvertence any such child shall be brought before that part of the police court, as soon as the age of such child is discovered the hearing of the case shall be transferred to, and the case shall be heard and determined in, the children's courtroom. The police justice and the police court of the city of Rochester shall have power to impose or suspend sentence or to remit to probation pursuant to law. The commissioner of public safety of the city of Rochester may appoint such number of probation officers, to hold office during his pleasure, at a salary fixed by the board of estimate and apportionment, as may be prescribed by the said board of estimate and apportionment, which number may be increased or diminished at any time by said board of estimate and apportionment and may include one or more female probation officers if so determined by said board of estimate and apportionment. The said police justice may appoint from time to time, to serve at his pleasure and without compensation, such additional number of probation officers as he may deem desirable. Whenever the board of estimate and apportionment of the city of Rochester shall so determine, there shall be an additional police justice of said city, to be known as judge of the children's court, whose term of office shall be six years, and who shall receive an annual salary to be fixed by the board of estimate and apportionment at not less than twenty-five hundred dollars per annum. Immediately after such determination by the board of estimate and apportionment, the mayor shall appoint a judge of the children's court to serve until the first day of January following the next city election, at which election a judge of the children's court shall be elected. The judge of the children's court shall have all the powers and jurisdiction now or hereafter conferred upon the police justice of the city of Rochester, and the court held by him shall be a part of the police court of said city, with all the powers and jurisdiction of or hereafter conferred upon said court. It shall be the duty of the judge of the children's court to preside over and to hold the children's part of the police court of the city of Rochester, and

to be present at the children's courtroom at such times and for such hours as the public interests may require, and he shall perform such other duties now or hereafter imposed upon the police justice of said city as may be directed by the common council. (As amended by chapter 317 of the Laws of 1906.)

Monroe County.

AN ACT conferring jurisdiction upon the county court of Monroe county to adjudicate upon all cases of children in Monroe county under sixteen years of age, who are delinquent, neglected or otherwise subject to the discipline or in need of the care and protection of the state; and regulating the procedure in such cases, including the establishment of a detention home, a probation system and the appointment of guardians for such children. Chapter 611, Laws of 1910.

Section 1. The county court of Monroe county shall have original and exclusive jurisdiction of all cases coming within the terms and provisions of this act. This act shall be construed liberally and as remedial in character; and the powers hereby conferred are intended to be general to effect the beneficial purposes herein set forth.

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§ 2. This act shall apply to any child less than sixteen years age residing or being at the time in Monroe county.

A. Who violates any penal law or any municipal ordinance, or who commits any act or offense for which he could be prosecuted in a method partaking of the nature of a criminal action or proceeding (except a crime punishable by death or life imprisonment), or

B. Who engages in any occupation, calling or exhibition or is found in any place for permitting which an adult may be punished by law, or who so deports himself or is in such condition or surroundings or under such improper or insufficient guardianship or control, as to endanger the morals, health or general welfare of said child.

$ 3. Any person having knowledge or information that a child residing in or actually within the county is within the provisions of the preceding section may file with said county court a verified

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

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

§ 5. If it appears from the petition that the child is embraced within subdivision a of section two, or is in such condition that the welfare of the child requires that its custody be immediately assumed, the court may indorse upon the summons a direction. that the officer serving the same shall at once take said child into his custody; in the meantime such child may be admitted to bail or released in the custody of a probation officer or other person by one of the judges of said court, the special clerk or the chief probation officer; but when not so released, the child shall be detained pending the hearing of the case in the shelter hereinafter provided for; and in no case arising under this act shall any child be placed in a jail, common lock-up or other place where adult criminals are confined.

§ 6. Service of summons within the county of Monroe shall be made personally by delivering to and leaving with the person summoned a true copy thereof. If it shall be made to appear, by affidavit, that rea

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

§ 7. Upon the return of the summons, or at the time set for the hearing, the court shall proceed to hear and determine the The court may conduct the examination of the witnesses without the assistance of counsel, and may take testimony and

case.