12. APPOINTMENT OF CLERKS, STENOGRAPHERS, ETC., IN CONNECTION WITH JUVENILE COURTS. The judges of the courts of quarter sessions of the peace within the several counties of this Commonwealth shall appoint such clerks, stenographers, and office assistants, in connection with the probation work of the juvenile court, as shall, in the opinion of the said judges, be necessary for the efficient conduct of the said work.

Sec. 1, Act of May 11, 1911, P. L. 268, supplementing the Act of April 23, 1903, P. L. 274.

It would seem that this section does not apply to the counties of Allegheny and Philadelphia where the jurisdiction over juvenile offenders is conferred upon the county court and municipal court respectively, and which courts have power to make appointment of necessary officers.

13. SALARIES OF CLERKS, STENOGRAPHERS, ETC. The salary or compensation of all clerks, stenographers, and office assistants, so employed, shall be fixed by the judges of the court of quarter sessions of the peace in each county, not to exceed the sum of twelve hundred dollars a year for each such employe, and shall be paid monthly, at the end of each month, by the county treasurer, upon an order of the county commissioners approved by said court.

Sec. 2, Act of May 11, 1911, P. L. 268, supplementing Act of April 23, 1903, P. L. 274.

III.

HOUSES AND ROOMS FOR THE DETENTION OF JUVENILE OFFENDERS AND DEPENDENT AND NEGLECTED CHILDREN PRIOR TO HEARING AND COMMITMENT.

'14.

JUVENILE OFFENDERS, PENDING HEARING, NOT TO BE COMMITTED TO JAILS OR POLICE STATIONS, ETC. No child, pending a hearinng under the provisions of this act, shall be held in confinement in any county or other jail, police station, or in any institution to which adult convicts are sentenced.

Sec. 7, Act of April 23, 1903, P. L. 274.

This section refers to children under the jurisdiction of the juvenile courts only. As to the detention of children in general, section 1 of the Act of June 12, 1893, P. L. 459, provides as follows: "No child under restraint or conviction, under sixteen years of age, shall be placed in any apartment or cell of any prison or place of confinement, or in any court room during the trial of adults, or in any vehicle of transportation in company with adults charged with or convicted of crime." infra section 44.

15. POLICE MATRON TO BE PROVIDED IN CITIES OF FIRST AND SECOND CLASS. DUTIES. In all cities of this Commonwealth of the first and second classes, a competent female

officer shall be provided for each police station house to which female prisoners and children are or may be taken, who shall be known as a police matron, and whose duty it shall be to receive, search, take charge of and properly care for, all female prisoners and children who shall be brought to such station house.

Sec. 1, Act of May 13, 1889, P. L. 192.

Section 7 of the Act of April 23, 1903, P. L. 274, supra section 14, prohibits the commitment of children under the age of sixteen to police stations. The Act of July 2, 1901, P. L. 601 provides, for houses for the detention of untried juveniles in cities of the first and second class. It seems therefore that this section would affect only children over the age of sixteen and adult females.

COMPENSA

16. APPOINTMENT OF POLICE MATRONS. TION. Such police matrons shall be appointed by the same authority .and in the same manner as police officers or patrolmen are now appointed in the said cities respectively, and their compensation, which shall be fixed by the proper authority having control of the compensation of police officers or patrolmen, shall not be less (than) thirty dollars, nor more than one hundred dollars, per month. Sec. 2, Act of May 13, 1889, P. L. 192.

17. COUNTY COMMISSIONERS TO PROVIDE ROOMS FOR CONFINEMENT OF JUVENILE OFFENDERS AWAITING TRIAL AND HEARING. MAINTENANCE OF SUCH CHIL DREN. It shall be the duty of the board of county commissioners, in each county of the Commonwealth, to provide, furnish, and heat, within the county, a separate room, or rooms, or a suitable building, to be used exclusively for the confinement of any and all children, under the age of sixteen years, who may be in custody awaiting trial or hearing in the courts of the county, and to provide for the maintenance and care of such children while in custody.

Sec. 1, Act of July 21, 1913, P. L. 870, amending Sec. 1, Act of April 3, 1903, P. L. 137.

18. CITIES OF FIRST AND SECOND CLASS TO ESTABLISH HOUSES FOR DETENTION OF DELINQUENT, NEGLECTED AND DEPENDENT CHILDREN AWAITING DISPOSITION BY COURTS. In every city of the first and second class there shall be provided, in the way hereinafter mentioned, a house or houses of detention, for the reception of untried juvenile offenders and neglected and dependent children under the age of sixteen years, who may be in the custody of an officer appointed or elected under any law of this Commonwealth, and whose cases may be under judicial investigation under any laws of this Commonwealth, pending such investigation and final determination of such case or cases.

Sec. 1, Act of July 2, 1901, P. L. 601.

This act was held to be constitutional in Price v. Walton, 49 Sup. Ot., 1, see p. 13.

2

19. APPOINTMENT OF BOARD OF MANAGERS. Houses of detention, established under the provisions of this act, shall be provided and managed by a board of managers, consisting of five members, two of whom shall be women; said board of managers to be appointed by the judges of the courts of oyer and terminer and general jail delivery and the courts of quarter sessions of the peace having jurisdiction in the said respective cities.

Sec. 2, Act of July 2, 1901, P. L. 601.

20. BOARDS OF MANAGERS NOT TO RECEIVE COMPENSATION. TERMS. REMOVAL. The board of managers provided for in this act shall serve without compensation, and shall hold office for two years and until their successors are appointed, subject to removal by the judge of the said court.

Sec. 3, Act of July 2, 1901, P. L. 601.

21. DUTIES OF BOARD OF MANAGERS. The duties of the said board of managers shall be to provide a house or houses, by leasing the same or otherwise, for the reception of children to be placed therein under the provisions of this act, to alter said house or houses for such purpose, to keep the same in repair, and generally to fit and furnish said house or houses so that the same may be suitable for the care of the children intended to be received, and especially to arrange such house or houses so that a separate room (so far as possible) may be provided for the accommodation of each child who may be received therein, and generally to supervise and oversee the management of said house or houses.

Sec. 4, Act of July 2, 1901, P. L. 601.

These duties are not a municipal but a county function.
Walton, 49 Sup. Ct., 1.

Price v.

22. EXPENSES HOW ITEMIZED AND PAID. Expenses incurred in the performance of the said duties of the board of managers shall be itemized, and presented with proper vouchers to the county commissioners of the county containing the city for which said board. of managers may be appointed, who shall be required to pay the said

expenses.

Sec. 5, Act of July 2, 1901, P. L. 601.

23.

Contracts made for materials for the maintenance of the house of detention are not for materials "required by the city," and do not "relate to city affairs," and therefore need not be advertised or in writing. Price v. Walton, 49 Sup. Ct., 1. In this connection see also section 9 of this act, infra section 26.

NUMBER OF CHILDREN TO BE ADMITTED. Not more than twenty-five (25) children shall be received into any single house of detention provided for in this act. Whenever it shall be necessary

to accommodate more than twenty-five (25) children of the class herein before defined (pending such judicial disposition), it shall be the duty of the board of managers to provide an additional house or houses to accommodate such other children.

Sec. 6, Act of July 2, 1901, P. L. 601.

24. APPOINTMENT OF PERSONS IN CHARGE OF HOUSE. SALARIES. It shall be the duty of the board of managers to appoint a man and woman to take charge of the house and children committed to such house of detention, and generally to maintain order and discipline among the children so committed into their keeping. The salary or compensation to be paid to said care-takers shall be fixed by the board of managers, and certified to the county commissioners as one of the expenses of maintaining such house or houses of detention as are established by this act.

Sec. 7, Act of July 2, 1901, P. L. 601.

25. WHEN CHILDREN NOT TO BE COMMITTED TO HOUSE. It shall not be essential to commit a delinquent, dependent or neglected child to the house of detention established by this act if, in the judgment of the probation officer now or hereafter to be appointed under any present existing law or laws of this Commonwealth, it should be deemed expedient to otherwise dispose of said child. Sec. 8, Act of July 2, 1901, P. L. 601.

26. EXPENSES OF MAINTAINING HOUSES. The cost and expenses of maintaining the houses of detention by this act established, shall be provided by the respective counties containing the said house or houses of detention, as the cost and expenses of maintaining county prisons are now provided.

Sec. 9, Act of July 2, 1901, P. L. 601.

For construction of this section and section 5 of this act, supra section 22, see Price v. Walton, 49 Sup. Ct., 1.

27. NECESSITY FOR PLACE FOR DETENTION OF UNTRIED JUVENILIES IN PHILADELPHIA. Whereas, There are annually in the city of Philadelphia, about two hundred and sixty juvenile offenders, mostly boys between the ages of eight and sixteen years, committed to the county prison and therein locked in a felon's cell who receive the stigma of having been imprisoned, many of them for a first and trivial offense, and though fifty per centum are discharged before trial, and twenty-five per centum at the trial by the magistrate, there is a growing desire on the part of the Pennsylvania Prison Society and many philanthropic people, to have established a house of detention for juvenile offenders below sixteen years, to be located in the neighborhood of the county prisons; and

Whereas, It is very desirable to remove such a stigma on the young offender, and try to reclaim him or her to the better walks of life, and believeing that if the object be made known some benevolent persons will combine to make such a house or houses of detention a success speedily; and

Whereas, It is thought desirable to purchase some large old fashioned house that can be remodeled or adapted, or to erect a suitable building or buildings with the approval of the mayor of the city, the chief of department of public safety, the president of the board of inspectors of the county prison, and their prison agent, as to location, arrangement of such building, and equipment, that said house or houses of detention when fully completed may be transferred free of cost to the city authorities, and cared for in the same manner as the county prisons, therefore

Whereas to Act of May 12, 1897, P. L. 65.

28. PLACES FOR DETENTION OF UNTRIED JUVENILES UNDER THE AGE OF SIXTEEN, IN FIRST CLASS CITIES. Authority is herein granted to cities of the first class in the State of Pennsylvania, or to any reputable society connected wih prison work associated with other benevolent donors, to purchase, alter or erect a suitable building or buildings, to be known as a house or houses of detention for untried juvenile prisoners of both sexes below the age of sixteen years, with convenient capacity for its needs in said cities of the first class.

Sec. 1, Act of May 12, 1897, P. L. 65.

The Act of July 2, 1901, P. L. 601, supra sections 18 to 26 requires cities of the first class to establish "houses of detention for the reception of untried juvenile offenders and neglected and dependent children under the age of sixteen years." Purdon's Digest considers this act repealed by the Act of 1901, while no mention of this act is made in Pepper and Lewis's Digest.

29. LOCATION AND EQUIPMENT OF BUILDING WHO TO APPROVE. The location, the bulding and equipment of said houses of detention shall be with the approval of the mayor of the city, the chief of the department of public safety, the president of the board of inspectors of the county prison and their prison agent.

Sec. 2, Act of May 12, 1897, P. L. 65.

30. COST OF MAINTENANCE OF HOUSE OF DETENTION IN FIRST CLASS CITIES. When fully completed for occupancy and transferred free of cost to the city authorities, the cost of maintaining said house or houses of detention shall be provided for in the same manner as the county prisons.

Sec. 3, Act of May 12, 1897, P. L. 65.