subdivision four of section five hundred and fifty-four of the code of criminal procedure. 2. When a child alleged to be neglected is brought before any magistrate or other court in the city of Buffalo for hearing or trial, and it is found that such child is actually or apparently under the age of sixteen years, such magistrate or court shall immediately, by order, transfer the case or proceedings to the children's court, and shall direct that the child shall forthwith be delivered to this court, if it be in session, and if it is not in session, then to the place of detention designated by article three, section three hundred and forty-four-u of this act. ARTICLE III. HEARINGS; ADJUDICATIONS. Section 344-t. Custody of child; release. 344-u. Duty of officer taking child into custody. 344-w. Bail. 344-x. Hearings; judgment. 344-y. Children; period of probation. § 344-t. Custody of child; release. If it appears from the petition that the interests of justice require the immediate apprehension of a child, the judge may endorse or cause to be endorsed upon the summons an order that the officer serving the same shall at once take such child into custody, or he may issue a warrant as provided by law. Any child in custody may be discharged by the court, or pending the final disposition in the case the child affected may be released on bail or paroled in the custody of a parent, guardian, probation officer or other person, or remanded to the detention home for children provided for in article three of section three hundred and forty-four-u of this act. § 344-u. Duty of officer taking child into custody. Whenever under any provision of law, a child is taken into custody, it shall be the duty of the officer having the child in charge, and with all convenient speed, to take such child to the children's court if in session, and if not, then to the detention home; and it shall be unlawful for any such officer to take such child to any police station. § 344-v. Place of detention. No child coming within the provisions of this act shall be placed in or committed to any prison, jail, lock-up, or other place where such child can come into contact at any time or in any manner with any adult who has been convicted of a crime or who is under arrest. The city of Buffalo by ordinance of the common council shall provide a detention home to which the children shall be brought immediately after arrest and wherein they may be detained pending hearing or trial, whether as witnesses or defendants, and to which they may be committed after hearing or trial for not to exceed thirty days. No adult charged with any offense shall be detained in or committed to such detention home. The judge of this court shall appoint a superintendent of said detention home and such other employees as the common council of the city of Buffalo may prescribe; and the salaries or compensation of such superintendent and other employees shall be fixed by ordinance of the common council. § 344-w. Bail. In addition to the officers now empowered by law to take bail or recognizance in the case of a child charged with an offense, the judge shall have power to designate one or more of his clerks, officers or other employees, who shall have authority to take bail in such cases. Such designation may be revoked at the pleasure of the judge. So far as practicable it shall be the duty of the judge to require that some person so authorized shall be at the detention home for the purpose of taking bail or recognizance at any time, day or night. § 344-x. Hearings; judgment. Upon the return of the summons or other process or after any child has been taken into custody, and at the time set for the hearing, the court shall proceed to hear and determine the case. The court from time to time may adjourn the hearing and inquire into the habits, surroundings, conditions and tendencies of the child. The judge shall so far as it is consistent with the interest of the child and of the state consider the child not as upon trial for the commission of a crime but as a child in need of the care and protection of the state; to that end he may, if the child or either parent or any guardian or custodian of such child shall so request, before proceeding with the trial of a child for the offense charged, or at any stage of the trial and before conviction, suspend the trial and inquire into all the facts and surrounding circumstances of the case, and if the judge shall so find, he may in his discretion in lieu of proceeding with the trial, adjudge the child to be in need of the care and protection of the state and thereupon he shall deal with such child in all respects in the manner provided in section four hundred and eighty-six of the penal law in the case of a child not having proper guardianship; and in a case where he shall so adjudge, before or instead of committing such child to confinement in any institution, he may commit the child to the detention home provided for in article three of section three hundred and forty-four-v of this act, or place the child on probation, or the court, if satisfied by competent evidence, may adjudicate the child to be delinquent or neglected, and shall render judgment as follows: (a) suspend sentence; (b) place the child on probation to remain in his own home or in the custody of a relative, an authorized agency or other fit person, subject, however, to the supervision of a probation officer and to the further orders of the court; (c) commit the child to the care and custody of a suitable institution maintained by the state or any subdivision thereof or to the care and custody of a duly authorized association, agency, society or institution; (d) impose a fine in a sum not to exceed fifty dollars or in the alternative to remand, commit or place the child on probation as herein provided; (e) continue the proceeding and place the child in its own home or in the custody of a relative or other suitable person or a duly authorized association, agency, society or institution for a certain designated period subject to the orders of the court; (f) discharge the child, if a neglected child, to the custody of such officer, board or department as may be authorized to receive children as public charges, who shall provide for such child as in the case of a destitute child or as otherwise authorized by law; or (g) render such other and further judgment or make such other order or commitment as the court may be authorized by law to make. § 344-y. Children; period of probation. A child may be placed and continued on probation for such time as the judge may deem proper, but such period shall not be longer than three years. Such probationary period may extend beyond the time such child attains the age of sixteen years. § 344-z. Revocation of probation. In case of a violation of the probationary conditions the judge may revoke the probation within the maximum period above mentioned. Whenever the probation is revoked, the judge may issue process for the re-arrest of the probationer and may impose on the probationer any penalty or penalties which the judge might have imposed before placing him on probation, and in any case where the court shall have adjudged the child to be delinquent, or neglected, and shall have placed him on probation subject to the supervision of a probation officer, the judge in the manner aforesaid may commit such child for a violation of the conditions of his probation at any time during such probationary period irrespective of his age at the time of such violation. 344-cc. Effect of decision as to validity of this act. 344-ee. List of jurors, how selected. 344-ff. Jury how drawn. 344-gg. Summons. § 344-aa. Hearings; where held. The children's court shall be divided into two parts, one for the hearing and disposition of proceedings and cases involving the trial or commitment of children, the other for the hearing and disposition of proceedings and cases involving the trial of adults. The part known as the children's part shall be held by the judge, without jury, in some building separate and apart from the one used for the trial of adults; and said children's part shall not be held in the same building with or adjoining any morgue, hospital for adults, prison or correctional institution for adults, and the part for the trial of adults shall be held in a separate building from the one in which is held the children's part, and both of said places shall be designated for that purpose by the common council of the city of Buffalo. The council shall provide suitable rooms and necessary furniture, blank books, blanks and stationery for the use of said court, and shall pro vide for the payment of salaries of the judge, clerks, stenographer, attendant and other employees. The court shall have power upon the hearing of any case involving any child to exclude the general public from the room wherein the said hearing is held, admitting thereto only such persons as may have a direct interest in the case. The record of any case may by order of the court be withheld from indiscriminate public inspection but such record shall be open to inspection by the parents, guardian or custodian or attorney of the child involved. § 344-bb. Appeals. A judgment upon conviction rendered by the judge of this court sitting as a court of special sessions, children's court or magistrate may be reviewed by the county court of the county as prescribed in title three, part five of the code of criminal procedure. § 344-cc. Effect of decision as to validity of this act. If any section, subdivision or clause of this act should for any reason be held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this act. § 344-ccc. Religion of custodial persons and agencies. Commitment of a child to an authorized agency, association, society or institution, other than an institution supported and controlled by the state or a subdivision thereof, or the placement of a child in a family, a home or in the custody of a person other than that of its parents, must be made to, or with a person, persons, a family, a home, agency, society, or institution, of the same religious faith as that of the child, when practicable. This provision shall be interpreted literally, so that in the care, protection or discipline of the child, his religious faith must be preserved and protected by the court. If a child is committed, placed in custody, placed out, in a home, or to an agency, association, society, or institution other than one of its own religious persuasion and faith, the order so directing shall recite the facts to the effect that there was no proper person, custodian, home, agency, association, society or institution of its own religious persuasion and faith available and willing to accept the child. This section shall not be construed, however, so as to prevent the remanding of a child during the pendency of proceedings to a society for prevention of cruelty to children, to a county detention home, or to the placing of a child in a hospital for necessary treatment. An association, corporation, agency, society or institution authorized and empowered to act herein shall be a "duly authorized association, agency, society or institution" as defined in this act. Any child placed or committed under order of the court shall be subject to visitation, inspection and supervision as the state board of charities may provide and require. § 344-dd. Seal. The court shall have an official seal which shall have engraved thereon the arms of the state of New York, and the words, "Children's Court of the City of Buffalo." The clerk shall be the custodian of the seal of the court and he shall affix such seal or cause it to be affixed to all process issued by the court, whether such process shall be signed by the judge or by direction of the judge. § 344-ee. List of jurors; how selected. A list of trial jurors for the court must be selected by the commissioner of jurors for the county of Erie and must consist of not less than two hundred persons qualified to serve. A person shall not be placed upon such jury list who does not reside or have a place where he regularly transacts business in person within the city of Buffalo. The said commissioner of jurors shall, on or before the first Monday in September of each and every year, furnish the clerk of the court with such list, together with the residences and occupations of the persons so selected by him. The clerk of the court shall write on separate slips of paper the name of each juror upon such list, and shall place the slips in a box to be called the undrawn jury box and no person shall serve as juror more than once in a calendar year. The contents of the drawn and undrawn jury boxes may be at any time inspected by the commissioner of jurors, or his deputy. Each juror shall be paid two dollars for each and every day or portion thereof that he actually serves upon jury, and each person summoned to attend as a juryman shall be paid two dollars for each day that he attends, unless he is excused from serving as a juryman at his own request, in which event he shall be paid only the amount given him by the marshal as provided in section three hundred and forty-four-ff of this act. Such payment shall be made only upon the certificate of the judge presiding at the trial of the number of days served, and the amount due each juror. The common council of the city of Buffalo shall provide a fund for the payment of jurors and payment of such jurors shall be made by the clerk of said court out of such fund. § 344-ff. Jury; how drawn. The clerk, in each action in which a jury trial is to be had, must publicly and in the presence of the judge of the court, draw the names of twelve persons from the undrawn jury box, and deliver the list thereof to a marshal, or a person deputed by the court for that purpose, with a written or printed notice, directed to each person named in the list, requiring him to attend as directed as juror, at the time specified therein, which shall not be sooner than two days after the service, out of which number six of the persons attending shall be drawn to try the cause, provided that number appear. In case a jury of twelve shall have been demanded, the clerk shall in like manner draw the names of not less than twenty-four persons, or a greater number, as directed by the court, who shall be summoned in like manner, and twelve of such number shall be drawn to try the cause. Either party shall have the same number of peremptory challenges allowed in the court of record if the jury consists of twelve men. The marshal or the person deputed, as provided in this act, must thereupon immediately summon each person named in the above list, by giving him the sum of ten cents and the notice above mentioned personally, or by leaving at his place of residence or business, with some person of suitable age and discretion, and must return the list to the court, at its opening, on the day for which the jury was drawn, specifying the persons |