ART. 78.] REFUGE—HOUSE OF. 549

the guardianship of the House of Refuge. Second, white minors
may be committed by the authority aforesaid, when complaint
and due proof have been made that such minor is a proper subject
for the guardianship of the House of Refuge, in consequence of
vagrancy, or of incorrigible or vicious conduct, and that from the
moral depravity or otherwise of the parent, guardian or next
friend, in whose custody such minor may be, such parent, guard-
ian or next friend is incapable or unwilling to exercise the proper
care and discipline over such incorrigible or vicious minor. Third,
such children as their parents, guardians or friends may desire
to place therein for temporary restraint and discipline, and
whose parents, guardians or friends shall agree and contract with
the managers for their support and maintenance; and fourth,
minors committed by the several courts in this State, as provided
in this article: and the annual sum of ten thousand dollars, to
commence on the tenth day of March, eighteen hundred and
sixty-one, shall be appropriated out of any unappropriated
moneys in the treasury for the aid and benefit of the House of
Refuge for the period of two years.

19*. The Treasurer of the State shall, upon the warrant of the
Comptroller, pay to the managers of the House of Refuge, or as they
shall order and direct, the sum appropriated in the preceding section,
in equal quarterly payments of twenty-five hundred dollars each.

20. It shall be the duty of the justice of the peace, when com-
mitting a vagrant or incorrigible or vicious minor under this
article, in addition to the commitment, to annex the names and
residences of the different witnesses examined before him, and
the substance of the testimony given by them respectively, on
which the adjudication was founded, and the same duty shall be
performed by the clerk of any court, the judge whereof shall
make such commitment.

21. Whenever any white minor under the age of sixteen years
shall be convicted of any felony in any court of this State, the
judge of said court in his discretion, and with reference to the
character of the House of Refuge as a place of reform, and not
of punishment, may order said minor so convicted to be removed
to and confined in the said House of Refuge; Provided, that in
all cases no transfer of any such minor from the counties shall be
made until due notice has been given to the superintendent of said
House of Refuge, and an answer received from him, that there is
room in the House of Refuge for the reception of such delinquent.