HOUSE OF REFUGE. I. APPROPRIATIONS. 1. Cities of the first class may appropriate for support. II. REMOVAL TO ANOTHER COUNTY. 2. May remove to another county. Service of writs. 3. Laws as to commitment. 4. Reviewal of commitments. 5. Monthly visitation by judges. 6. Application of laws. 8. Children convicted of criminal offences to be received. Duties of managers to employ and instruct such children. To have power to bind them apprentices. Their charge over females not to extend beyond the age of eighteen years. 9. What children to be received. 1. Infants committed on complaint of parents, &c., for incorrigible or vicious conduct. 2. Înfants committed on complaint of vagrancy, or of the vicious conduct of parents, &c. 3. Infants committed by the courts. 10. Duties of justices in committing to the house of refuge. 11. Managers to have charge of females committed at the age of sixteen years, until their arrival at the age of twenty-one years. 12. Colored convicts under twenty-one years may be transferred to the house of refuge in Philadelphia. 13. Children convicted of criminal offences to be received. 14. Jurisdiction and powers of managers. 15. Power of managers to make by-laws. And to appoint officers, &c. To make annual reports to the legislature. 16. Judges and recorder to be official visitors. To examine into all commitments. If satisfied, to indorse order of detention on commitment. Otherwise, to discharge. Hearing to be adjourned to the courthouse on request. Right to habeas corpus reserved. 17. What children to be received in the eastern district. Eastern district constituted. 18. Duties of judges in committing children. Testimony to be returned. To be on oath. 19. Duties of the managers. 20. Fees on commitments to house of refuge. 21. Managers may bind to citizens of other states, with consent of party. 22. Colored inmates may be indentured to citizens of other states. With their consent. 23. Power to reclaim apprentices. IV. HOUSE OF REFUGE OF WESTERN 24. Western house of refuge established. Managers to establish regulations. 25. What children to be received. 1. Infants committed on complaint of parents, &c., for incorrigible or vicious conduct. 2. Înfants committed on complaint of vagrancy or of vicious conduct of parents, &c. 3. Infants committed by the courts for vagrancy or criminal offences. Managers to employ and instruct such children, and bind them apprentices. 26. When to have charge of females until twentyone years of age. 27. Duties of justices in committing to house of refuge. 28. Judges to be official visitors. To examine into all commitments. If satisfied, to indorse order of detention on commitment. Otherwise, to discharge. Hearing to be adjourned to the court-house, on request. Right to habeas corpus reserved. 29. Power of managers to make by-laws. appoint officers, &c. To make annual reports. And to 30. Infants committed by the courts to be maintained at the expense of the proper county. How accounts to be kept. 31. Maintenance further regulated. cities may commit. Mayors of 32. Clergymen may visit and minister to inmates of western house of refuge, in case of sickness. 33. Infants convicted in federal courts to be received. I. Appropriations. 25 May 1887. P. L. 265. 1. Every city of the first class be and it is hereby authorized, in the discretion of the councils thereof, to make appropriations from the treasury of said city, to houses of refuge and institutions for the reformation of juvenile delinquents, to which Cities of the first children of the citizens of said city may, by law, be committed by the courts, judges class may approor magistrates of the county within which such city may be situate; and all laws priate for support. or parts of laws inconsistent herewith are hereby repealed. II. Removal to another county. P. L. 209. where writs may 2. Wherever, by virtue of its charter, any house of refuge or institution for 18 May 1889 § 1. the reformation of juvenile delinquents is now, or may hereafter be, located in a city, it shall and may be lawful for the managers thereof, whenever in their dis- May remove to cretion it may be desirable, to purchase real estate and locate such institution, another county. or any department thereof, in a rural district in the same or in any county other than that in which it has theretofore been located: Provided, That, if removing Managers must to another county, the managers shall file in the office of the clerk of the court designate office of quarter sessions of the county in which the institution has theretofore been be served. located, a certified copy, under the seal of the corporation, of a resolution appointing some place within said county as its office, where writs of habeas corpus or other legal process issuing out of the courts of said county and directed to said managers may be served, which process it is hereby made incumbent upon said managers to obey with the same force and effect as though issuing out of the courts of the county in which said institution or department thereof shall be located. Ibid. § 2. 3. All laws or parts of laws relating to the commitment of children to the class of institutions named in the first section of this act, shall apply with equal force Laws as to comand effect to any such institution, or any department thereof, when removed in dren to apply. mitment of chil 18 May 1889 § 2. pursuance of said section to some locality outside of the limits of the county in which said institution was originally located. P. L. 209. Ibid. § 3. Commitments to be reviewed by judge of county. Ibid. § 4. make monthly visits. 4. Whenever, by existing law, it has been provided that commitments to any house of refuge or institution for the reformation of juvenile delinquents, made by an alderman, justice of the peace or magistrate of a county, shall at stated times be reviewed by the judge or judges of the court of common pleas of the said county, it shall be incumbent upon the managers of such institutions, which shall be removed either wholly or in part from said county, in pursuance of section one of this act, at such stated times to present the children so committed to such institution or department thereof outside of said county, together with their commitments, before the judges of the said county, at the place designated by the said managers as its office for the service of process, and the judges of the said county are hereby authorized and empowered to remand or discharge any child so committed, with the same force and effect as though such institution, or department thereof, were still located within said county. 5. It shall be the duty of the judge, or one of the judges alternately in such manDuty of judges to ner as may be arranged between them, of the court of common pleas of the county to which such institution, or department thereof, may be removed, to visit such institution once in each month, or oftener if in his or their discretion it may be neces sary, and if in the judgment of such visiting judge there is any child illegally detained therein he shall forthwith order his or their discharge, or appoint a time and place for further investigation and act in the premises as in his discretion he may deem proper. Ibid. § 5. Application of 6. All charters, laws or parts of laws, relating to houses of refuge and institutions for the reformation of juvenile delinquents, not inconsistent herewith, shall be equally applicable to them or any department of them, whether located in the such institutions. county originally designated by their charter or removed to another county in pursuance of section one of this act. laws relating to 23 March 1826 § 5. 9 Sm. 84. House of refuge established. Ibid. § 6. Children convicted be received. struct such chil III. House of refuge of Philadelphia. 7. The board of managers(z) shall provide a suitable building as a house of refuge, in the city or county of Philadelphia, and establish such regulations respecting the religious and moral education, training, employment, discipline and safe-keeping of its inhabitants as may be deemed expedient and proper. (a) 8. The said managers shall, at their discretion, receive into the said house of refuge, (b) such children who shall be [taken up or committed as vagrants, or upon of criminal offences any criminal charge, or] duly convicted of criminal offences, as may be, in the in Philadelphia, to judgment of the court of oyer and terminer, or of the court of quarter sessions of the peace of the county [or of the mayor's court of the city] of Philadelphia, [or of any alderman or justice of the peace, or of the managers of the almshouse and Duties of managers house of employment,] be deemed proper objects. And the said managers of the to employ and in-house of refuge shall have power to place the said children committed to their care, during the minority of the said children, at such employments, and cause them to be instructed in such branches of useful knowledge, as may be suitable to their years and capacities; and they shall have power, in their discretion, to bind out the said children, with their consent, as apprentices, during their minority, to such persons and at such places, to learn such proper trades and employments, as in their judgment will be most conducive to the reformation and amendment, and will tend to the future benefit and advantage of such children: Provided, Their charge over That the charge and power of the said managers upon and over the said children, shall not extend, in the case of females, beyond the age of eighteen years. (c) dren. To have power to bind them appren tices. females. 10 April 1835 § 1. P. L. 133. What children to be received. Infants committed on complaint of parents, &c., for 9. In lieu of the manner prescribed by the sixth section of the act to which this is a supplement, it shall be lawful for the managers of the house of refuge, at their discretion, to receive into their care and guardianship infants, males under the age of twenty-one years, and females under the age of eighteen years, committed to their custody in either of the following modes, viz.: I. Infants committed by an alderman or justice of the peace, on the complaint and due proof incorrigible or vi- made to him by the parent, guardian or next friend(d) of such infant, that, by reason of incorrigible or vicious conduct, such infant has rendered his or her control beyond the power of such parent, guardian or next friend, and made it manifestly requisite that, from regard for the morals and future welfare of such infant, he or she should be placed under the guardianship of the managers of the cious conduct. (z) Twenty-one managers to be elected annually, by the members of the association, by act 23 March 1826, § 3, 9 Sm. 83; and two to be appointed by the mayor of Philadelphia, and three by the judges of the court of quarter sessions, by act 30 March 1832, P. L. 224. (a) This act is constitutional. Ex parte Crouse, 4 Wh. 9. But see People v. Turner, 19 Pitts. L. J. 25. (b) The house of refuge is not a prison, but a school, its object is reformation by training its inmates to industry, by imbuing their minds with principles of morality and religion, by furnishing them with means to earn a living, and above all, by separating them from the corrupting influence of improper associates. Ex parte Crouse, 4 Wh. 11. (c) Parts within brackets altered and repealed; see infra 9, 11, 12. (d) The master of an apprentice is not such next friend. Commonwealth v. Cornell, Vaux's Dec. 146. P. L. 183. house of refuge.(e) II. Infants committed by the authority aforesaid, where 10 April 1885 § 1. complaint and due proof have been made that such infant is a proper subject for the guardianship of the managers of the house of refuge, in consequence of vagrancy(g) or of incorrigible or vicious conduct, and that from the moral depravity, or otherwise, of the parent or next friend, in whose custody such infant may be, such parent or next friend is incapable or unwilling to exercise the proper care and discipline over such incorrigible or vicious infants. III. Infants Infants committed committed by the courts of this commonwealth, in the mode provided in the act by the courts. to which this is a supplement.(h) Ibid. § 2. 10. It shall be the duty of any alderman or justice aforesaid, committing a vagrant or incorrigible or vicious infant as aforesaid, in addition to the adjudica- Duties of justices tion required by the first section of this act, to annex to his commitment the in committing to names and residence of the different witnesses examined before him, and the sub- the house of refstance of the testimony given by them respectively, on which the said adjudication was founded.(i) uge. P. L. 450. When to have 11. The power and charge of the managers of the house of refuge over the 11 April 1850 § 7. inmates of that institution shall extend in the case of females, who on their admission may be sixteen years of age, to the age of twenty-one years; and so charge of females much of any law or laws of this commonwealth as conflict with the provisions of under the age of this section, be and the same is hereby repealed. twenty-one years. P. L. 570. under twenty-one ferred to house of refuge in Philadelphia. 12. It shall and may be lawful for the inspectors of the prisons of the county of 25 April 1850 § 6. Philadelphia, under the direction of the court of quarter sessions, to transfer and deliver to the managers of the colored house of refuge of the city and county of Colored convicts Philadelphia, with their assent, any colored convicts, under the age of twenty- years may be transone, committed to said prison; and when so transferred, they shall be dealt with as other minors committed and delivered to the said managers.(k) 13. The managers shall, in their discretion, receive into the house of refuge such children as may be convicted of any misdemeanor or criminal offence, in any court of quarter sessions of any county, other than the county of Philadelphia, in the eastern district of this commonwealth, as shall, in the judgment of the said court, of criminal offences be deemed proper subjects for the care and guardianship of the managers of the to be received. house of refuge aforesaid.(1) 10 Jan. 1867 § 1. P. L. 1371. Children convicted Ibid. § 2. Jurisdiction and 14. The power and authority of the managers of the house of refuge aforesaid, shall be as full and ample in all respects over the children committed to their care and guardianship under this act, as are given and granted to the said managers powers of managover children committed to their care and guardianship by the said act, entitled ers. "An act to incorporate the subscribers to the articles of association for the purpose of establishing and conducting an institution for the confinement and reformation of juvenile delinquents, under the title of the House of Refuge." laws. 9 Sm. 85. 15. The said managers of the house of refuge under this act may, from time to 23 March 1826 § 7. time, make by-laws, ordinances and regulations, relative to the management, government, instruction, discipline, employment and disposition of the said chil- Powers of managdren while in the said house of refuge, not contrary to law, as they may deem ers to make byproper; and may appoint such officers, agents and servants as they may deem necessary to transact the business of the said corporation, and may designate their And to appoint duties; and further, the said managers shall make annual report to the legis- officers, &c. lature of this commonwealth, of the number of children received by them into the To make annual said house of refuge, the disposition which shall be made of the said children by reports to the leginstructing or employing them in the said house of refuge, or by binding them islature. out as apprentices, the receipts and expenditures of the said managers, and generally all such facts and particulars as may tend to exhibit the effects, whether beneficial or otherwise, of the said association; and the right to alter, amend or repeal this act is hereby reserved on the part of the commonwealth. 16. It shall be the duty of the president and legal associates of the common pleas 10 April 1835 § 3. of Philadelphia county, alternately, in such manner as may be arranged P. L. 134. between them, at a joint meeting, for that purpose, from time to time held, to visit Judges and recordthe house of refuge, at least once in two weeks, or oftener, if to the said judges it er to be official shall seem requisite. And it shall be the duty of the judge (e) A father cannot transfer the custody of the person of his child to the managers of the house of refuge, unless such child be adjudged a proper subject for the house of refuge by due course of law. Commonwealth v. McKeagy, 1 Ash. 248. (g) Where a child under fourteen years of age is adjudged a vagrant, the circumstances of the case ought to be urgent, unequivocal and decisive. Commonwealth v. McKeagy, 1 Ash. 248. (h) An infant committed to the house of refuge by a justice, on a charge of felony, is entitled to be discharged, on giving bail to answer for his appearance, and demanding a jury trial. Kelly's Case, Q. S. Phila., 22 June 1853. MS. But unless the record show that the commitment was for the commission of a felony, the court will refuse to discharge; the parents appearing to be unable to restrain the infant from the so visiting the visitors. (i) The adjudication of the justice is in no respect conclusive, and the whole subject is open on the hearing of a writ of habeas corpus. Commonwealth v. McKeagy, 1 Ash. 248. (k) The court of common pleas of Philadelphia county have decided, that this act is unconstitutional; because it interferes with the constitutional prerogative of the executor to pardon convicts. Anon., Com. Pleas, Phila., 20 July 1850. MS. (1) A commitment to the house of refuge of a minor found guilty of larceny in a court of quarter sessions, is not a conviction, and does not disqualify the party as a witness. Commonwealth v. Robinson, 3 Pitts. 546. P. L. 134. To examine into all commitments. If satisfied, to in dorse order of detention on commitment. 10 April 1835 § 3. house of refuge, carefully to examine into all the commitments to the said house of refuge made by the aldermen, justices or guardians of the poor aforesaid, that have not previously been adjudged upon by one of the said judges, * * * in the manner hereinafter directed, which commitments it shall be the duty of the managers of the house of refuge, truly and correctly to lay before such judge, and on such examination, such judge *** shall have produced before him, by the managers aforesaid, their superintendent or agent, the infant or infants described in such commitment, and the testimony upon which he or she shall have been adjudged a fit subject for the guardianship of said managers, or on which he or she shall be claimed to be held as such; and if, after examining the infant and such testimony, the said judge *** shall be of opinion that, according to the laws of this commonwealth, regulating the control of infants, a case has been established which, in his opinion, would, according to law, authorize the transfer of the paternal authority over such infant to the managers of the house of refuge, then and in that case, it shall be the duty of the said judge * * * to indorse an order on the commitment of the justice or alderman, or guardians of the poor, directing the infant to be continued under the guardianship of the managers of the house of refuge, after which it shall be lawful for said managers to exercise over all such infants the powers and authorities given them by the act to which this is a suppleOtherwise, to dis- ment.(m) But if the said judge *shall be of opinion, that such case has not been made out, he shall order such infant to be forthwith discharged, which order shall be obeyed by the managers, under the pains and penalties provided by law Hearing to be ad- against wrongful imprisonment: Provided, That it shall be the duty of said judge, at the request of such infant, or any person in his behalf, to transfer such hearing to the court-house of the court of which he is a member, in order that the infant may have the benefit of counsel, and of compulsory process to obtain witnesses required in his or her behalf, which such judge' is hereby authorized to award, as fully and amply as any judge or court could do on the hearing of a writ of habeas corpus: And provided also, That nothing in this act contained shall be construed to interfere with the provisions of an act entitled "An act for the better securing of personal liberty and preventing unlawful imprisonment,” passed on the 18th day of February 1785, commonly called the habeas corpus act.(n) charge. journed to the court-house, on request. Right to habeas corpus reserved. 26 Jan. 1854 § 1. P. L. 13. What children to be received in the eastern district. Eastern district constituted. Ibid. § 2. Duties of judges in dren. Testimony to be returned. one, 17. In addition to the cases provided for by the 4th section of the act, entitled "An act to endow the house of refuge, and for other purposes therein mentioned," passed the 2d day of March 1827,() the managers of "The House of Refuge" shall receive under their care and guardianship, infants under the age of twentyone years, committed to their custody by two judges, the president judge being of the court of common pleas of any county in the eastern district of Pennsylvania (which said district shall embrace all the counties of the commonwealth from which infants cannot be sent to the "House of Refuge of Western Pennsyl vania"), except the county of Philadelphia, in which said infant resides or may be found, on complaint and due proof made to them by the parent, guardian or next friend of such infant, that such infant is unmanageable and beyond the control of the complainant, and that the future welfare of said infant requires, that such infant should be placed under the care and guardianship of the said managers of the house of refuge; or when said complaint and due proof shall be made by the prosecuting officer of the county, that said infant is unmanageable, or a vagrant, and has no parent, or guardian, capable and willing to restrain, manage and take proper care of such infant. 18. The said judges shall carefully examine the complaint made to them in the presence of the complainant and infant complained of, and for the of purpose committing chil- bringing the parties and witnesses before them, shall be fully authorized to use such process of the court as may be necessary; and where the said judges shall adjudge an infant to be a proper subject for the care and guardianship of the said managers of the house of refuge, they shall, in addition to their adjudication, transmit to the said managers the testimony taken before them, on which their adjudication was founded; and the said testimony shall be taken under oath or affirmation of the witnesses, and in the presence of the party complained of. To be on oath. Ibid. § 3. Powers of the managers. 21 April 1855 § 1. P. L. 253. 19. The power and authority of the said managers of the house of refuge shall be as full and ample, in all respects, over the infants committed to their care and guardianship under this act, as are given and granted to the said managers over infants committed to their care and guardianship from the county of Philadelphia, by the said act, entitled "An act to incorporate the subscribers to the articles of association for the purpose of establishing an institution for the confinement and reformation of juvenile delinquents, under the title of The House of Refuge.'" 20. The fees upon commitments by aldermen or justices of the peace, to any house of refuge within this state, shall be as follows, to wit: To any constable or officer for arresting the person committed, fifty cents; to the alderman or justice of (m) The judges of Philadelphia have power to review a commitment from another county. Commonwealth v. House of Refuge, 8 Phila. 614. (n) After the commitment has been reviewed and approved by one of the judges, under this act, there is no discretionary power in the court to discharge the the peace directing the commitment, fifty cents; to the constable or other officer 21 April 1855 § 1. delivering the person committed, pursuant to such commitment, at the proper P. L. 283. house of refuge, one dollar, with mileage at the rate of five cents circular for all Fees on commitdistances travelled; said fees and mileage to be paid by the county in which the ments to house of commitment is made: Provided, That no allowance for mileage shall be made refuge. unless the distance travelled shall exceed seven circular miles. P. L. 454. other states. 21. The boards of managers of the houses of refuge for the reformation of 12 May 1857 § 1. juvenile delinquents, in Philadelphia and Allegheny counties, are hereby respectively authorized, whenever they deem it for the interest of any white inmate duly Managers may committed to their custody, to bind or indenture such white inmate to service bind to citizens of during his or her minority, although the party to whom the indenture may be made may be a citizen of one of the United States other than this commonwealth: Provided, That no such indenture to service out of this commonwealth shall be With consent of made without the consent first given of said white inmate. party. P. L. 452. to citizens of other 22. The board of managers of the house of refuge for the reformation of 22 April 1858 § 1. juvenile delinquents, in Philadelphia, are hereby authorized, whenever they may deem it for the interest of any colored inmate duly committed to their custody, Colored inmates to bind or indenture such colored inmate to service, during his or her minority, may be indentured although the party to whom the indenture may be made may be a citizen of one states. of the United States other than this commonwealth: Provided, That no such with their consent. indenture to service out of this commonwealth, shall be made without the consent first given of such colored inmate. P. L. 84. 23. It shall be lawful for the managers of the houses of refuge and reform 4 June 1879 § 1. schools in the commonwealth of Pennsylvania, when they have placed out their wards as apprentices, or given them up to their friends, to cause them to be Power to reclaim returned to their custody, whenever it shall appear, on complaint before a judge of apprentices. the court of quarter sessions having jurisdiction, that the agreements made in their behalf have been violated, or they have been neglected or improperly treated by those who have been entrusted with them during their minority, and the said wards may be reclaimed by the said managers. IV. House of refuge of western Pennsylvania. P. L. 540. 24. The board of managers shall provide a suitable building as a house of 22 April 1850 § 14. refuge, in the city of Pittsburgh, the county of Allegheny, or the county of Westmoreland; and establish such regulations respecting the religious and moral edu- Western house of cation, training, employment, discipline and safe-keeping of its inhabitants, as refuge established. may be deemed expedient and proper. 25. It shall be lawful for the board of managers of said house of refuge, at their Ibid. § 15. discretion, to receive into their care and guardianship infants, males under the age What children to of twenty-one years, and females under the age of twenty-one years, committed to be received. their custody, in either of the following modes, to wit: I. Infants committed by an alderman or justice of the peace, on the complaint, Infants committed and due proof made thereof, by the parent, guardian or next friend of such infant, on complaint of parents, &c., for that by reason of incorrigible or vicious conduct, such infant has rendered his or incorrigible or her control beyond the power of such parent, guardian or next friend, and made vicious conduct. it manifestly requisite that, from regard to the morals and future welfare of such infant, he or she should be placed under the guardianship of the managers of the said house of refuge. on complaint of II. Infants committed by the authority aforesaid, where complaint and due Infants committed proof have been made that such infant is a proper subject for the guardianship vagrancy or of the of the managers of the said house of refuge, in consequence of vagrancy, or of vicious conduct of incorrigible or vicious conduct, and that from the moral depravity or otherwise parents, &c. of the parent, or guardian or next friend, in whose custody such infant may be, such parent, guardian or next friend is incapable or unwilling to exercise the proper care and discipline over such incorrigible or vicious infant. vagrancy or crimi such children. III. Infants who shall be taken or committed as vagrants, or upon any criminal Infants committed charge, or duly convicted of criminal offences,(p) as may, in the judgment of the by the courts for court of oyer and terminer, or of the court of quarter sessions of the peace of any nal offences. county within the western district; and the said managers shall have power to Managers to emplace the said children committed to their care, during their minority, at such ploy and instruct employment, and cause them to be instructed in such branches of useful knowledge as may be suitable to their years and capacities; and they shall have power, at And bind them their discretion, to bind out the said children, with their consent, as apprentices, apprentices. during their minority, to such persons and at such places, to learn such proper trades and employments, as in their judgment shall be most conducive to the reformation and amendment, and will tend to the future benefit and advantage of such children. 26. It shall be lawful for the board of managers of said institution, at their 31 Jan. 1855 § 2. discretion, to retain or bind out female infants committed to their care (who may P. L. 7. be sixteen years of age at the time they are committed), until they shall reach the When to have age of twenty-one years. charge of females under twenty-one. (p) See supra 13, note l. |