123. COMMITMENTS BY COURTS OF QUARTER SESSIONS OF THE EASTERN DISTRICT OTHER THAN PHILADELPHIA, 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, be deemed proper subjects for the care and guardianship of the managers of the house of refuge aforesaid.

Sec. 1, Act of January 10, 1867, P. L. 1371, supplementing the Act of March 23, 1826, P. L. 135.

Section 3 of this act was held unconstitutional because there was no notice of its provisions in the title: See House of Refuge v. Luzerne County, 215 Pa., 429.

This section and section 2, next succeeding, do not seem to be affected by the decision.

124. POWER AND AUTHORITY OF MANAGERS OVER CERTAIN INMATES. 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, over children committed to their care and guardianship, by the said act, entitled "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. (Act of March 23, 1826, P. L. 133.) Sec. 2, Act of January 10, 1867, P. L. 1371, supplementing the Act of March 23, 1826, P. L. 135.

See notes to the section immediately preceding.

125. INDENTURING OF CHILDREN COMMITTED. The boards of managers of the Houses of Refuge for the reformation of juvenile delinquents, in Philadelphia (and Allegheny) counties, are hereby respectively authorized, whenever they deem it for the interes of any white inmate duly committed to their custody, to bind or indenture such white inmate to service 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 made without the consent first given of said white inmate.

Sec. 1, Act of May 12, 1857, P. L. 454.

126. OFFICIAL VISITORS OF HOUSE OF REFUGE OF PHILADELPHIA. DUTIES OF VISITORS. INVESTIGATIONS INTO COMMITMENTS. It shall be the duty of the president and legal

associates of the (court of) common pleas of Philadelphia county, the judges of the district court of the city and county of Philadelphia, and the recorder of the city of Philadelphia alternately, in such manner as may be arranged between them, at a joint meeting for that purpose from time to time held, to visit the House of Refuge, at least once in two weeks or oftener, if to the said judges it shall seem requisite; and it shall be the duty of the judge or recorder so visiting the 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 or the recorder 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 or recorder, and on such examination, such judge or recorder 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 or recorder 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 parental 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 or recorder to endorse 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 supplement. But if the said judge or recorder 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 against wrongful imprisonment: Provided, That it shall be the duty of said judge or recorder, 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 or recorder 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 interefere with the provisions of an act, entitled "An act for the better securing of personal liberty and preventing

unlawful imprisonment," passed on the eighteenth day of February, one thousand seven hundred and eighty-five, (2 Sm. 275; Vol. XI, page 427,) commonly called the habeas corpus act.

Sec. 3, Act of April 10, 1835, P. L. 133, supplementing the Act of March 23, 1826, P. L. 133.

For provisions as to visitation of institutions in general, see chapter on "Visitors and Visitation," infra Chapter X.

127. INSPECTORS OF COUNTY PRISON OF PHILADELPHIA MAY DELIVER COLORED CONVICTS TO COLORED HOUSE OF REFUGE OF PHILADELPHIA. It shall and may be lawful for the inspectors of the prisons of the county of 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 Philadelphia, with their assent, any colored convicts, under the age of twenty-one committed to said prison; and when so transferred, they shall be dealt with as other minors committed and delivered to the said managers.

Sec. 6, Act of April 25, 1850, P. L. 569.

Quaere: Whether this institution is the House of Refuge of Philadel phia, now Glen Mills Schools?

128. INDENTURING OF COLORED INMATES OF HOUSE OF REFUGE OF PHILADELPHIA. The board of managers of the House of Refuge, for the reformation of juvenile delinquents, in Philadelphia, are hereby authorized whenever they may deem it for the interest of any colored inmate duly committed to their custody, to bind or indenture such colored inmate to service 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 made without the consent first given of such colored inmate: Provided further, That the said board of managers are not permitted to bind such colored inmates to persons residing within slave states.

Sec. 1, Act of April 22, 1858, P. L. 452, No. 453.

See notes to section immediately preceding.

(C) County Schools and County Industrial Homes.

(1) County schools for the care, maintenance and instruction of male
children committed by juvenile courts.

129. CERTAIN COUNTIES TO ESTABLISH SCHOOLS FOR CARE, MAINTENANCE AND INSTRUCTION OF MALE CHILDREN COMMITTED BY JUVENILE COURTS. In each county of this Commonwealth, now or hereafter containing a population of not less than three hundred thousand inhabitants, and not more than one million two hundred thousand inhabitants, as ascertained by the United States census, there shall be established a school, properly

equipped for the care, maintenance, and instruction of such male children as shall come within the provisions hereof. Such schools shall be supplementary to the school system of the Commonwealth, shall be kept open during the entire year, and shall be established on the cottage home plan.

Sec. 2, Act of May 11, 1911, P. L. 262, amending Sec. 1, Act of May 1, 1909, P. L. 302.

130. CONSTRUCTION OF BUILDINGS. PLAYGROUNDS. WELFARE OF CHILDREN TO BE PROVIDED FOR. The buildings for said schools shall be substantially constructed and atlequately lighted and ventilated, and provided with baths, playrooms, sleeping-rooms, and kitchens; and there shall be adequate provisions for playgrounds, as well as provisions for instruction in the common branches, and for manual and moral training; to the end that said schools shall as far as possible, during the period of detention, adequately provide for the mental, moral, and physical welfare and advancement of the children therein detained.

Sec. 2, Act of May 1, 1909, P. L. 302.

131. SCHOOLS TO BE ESTABLISHED UPON FARMS. CONDEMNATION OF LAND. The schools herein provided for shall be established upon farms, within or without the limits of the said counties; and for said purpose such counties may acquire land by purchase or condemnation, with the same power and under the same procedure as land is now acquired within the limits of school districts for school purposes, under the acts of Assembly in such case made and provided; the board of managers of said school exercising the authoritiy exercised by school directors for said purposes, but no county shall exercise the power of condemnation except within the territorial limits of such county.

Sec. 3, Act of May 1, 1909, P. L. 302.

132. SUPERINTENDENT TO PRESIDE OVER INSTITUTION. PAROLE OF INMATES. APPREHENSION AND RETURN. Such schools shall be presided over by a superintendent, who shall be a person trained in educational and social work, and shall have a power of detention over the children committed thereto. When any boy committed to said schools shall have attained a condition of mental and moral advancement satisfactory to the superintendent and board of managers, they shall so certify to the juvenile court which has committed him to said school; whereupon the said court may order his release upon parole, under conditions which shall be prescribed by said board of managers, subject to the approval and direction of the court; and in case the conduct of such boy released upon parole shall be such as to satisfy the board of managers that a further period of training is necessary said board shall have the power, through its

agent or agents, at any time during his minority, to apprehend and return him to said school, where he shall remain subject to the same control as when originally committed, and in such case it shall be the duty of the superintendent, immediately, to notify the said court thereof.

Sec. 1, Act of May 20, 1913, P. L. 263, amending Sec. 4, Act of May 1, 1909, P. L. 302.

133. APPOINTMENT OF BOARD OF MANAGERS. TERMS. REPORTS. VACANCIES. REMOVAL. TO RECEIVE NO COMPENSATION BUT EXPENSES. Such school shall be established and managed by a board of managers. The judges of the court or courts of common pleas of such county shall appoint nine of said managers, who, with the county commissioners of such county, shall constitute said board. Under the first appointment, three of said managers shall be appointed to serve for one year, three for two years, and three for three years, and thereafter three shall be appointed annually, to serve for a term of three years. The time of the commencement of the terms of said managers shall be fixed by said judges, but shall not be later than July first, following the date of approval hereof. The board of managers shall as often as required, at least once every six months, report to the said judges, in the form by them prescribed. Said judges shall also have power to fill any vacancies in said board of managers, for unexpired terms, as well as the power, in their discretion, to remove any of said managers appointed by them, at any time, and to fill the vacancies thereby created. Said managers shall receive no compensation, but the necessary expenses incurred in the performance of their duties shall be paid.

Sec. 3, Act of May 11, 1911, P. L. 262, amending Sec. 5, Act of May 1, 1909, P. L. 302.

134. WHO TO BE COMMITTED TO SUCH SCHOOLS. Said school shall receive boys upon the commitment of the juvenile court of such county; and such school may, upon a proper compensation. being arranged for, receive boys committed thereto by the juvenile courts of counties other than that by which said school is maintained. Sec. 6, Act of May 1, 1909, P. L. 302.

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In view of the provisions of section 10 of the Act of April 23, 1903, P. L. 274, supra section 39, which provides as follows: "It shall not be lawful to commit the custody of any neglected or dependent child * * * to any institution of correction or reformation in which delinquent children are received. Nor shall any delinquent child be committed to any institution in which dependent or neglected children are received," male delinquent children only, should be committed to such school. 135. COUNTIES TO PAY FOR ESTABLISHMENT AND MAINTENANCE OF SCHOOLS. ANNUAL ESTIMATES AND APPROPRIATIONS. BOND ISSUES. IN CASE OF DISPUTES