MATTER OF NICHOLS

MATTER OF NICHOLS. N. Y. Supreme Court, First Department, General Term ; January, 1887. 1. Habeas corpus; commitment to reformatory institution.] Where, upon the return to a writ of habeas corpus on behalf of a female detained in the House of Mercy, it appears that she was committed to that institution by a police magistrate in proceedings in conformity with section 1466 of the Consolidation Act of New York city (L. 1882, c. 410, as amended by L. 1886, c. 353), upon proof that she was over the age of twelve years, to wit, twenty-two years of age, and was found in a reputed house of prostitution, and the commitment recites the several facts necessary to show jurisdiction and that the conviction was upon sufficient evidence of the charge, the petition should be dismissed, and the relator remanded. 2. Commitment not invalid for defect in form.] Where the commitment recites the facts upon which it is based, it cannot be deemed invalid by reason of any imperfection or defect in form. Appeal from ari order of the special term discharging Alma Nichols from the custody of the House of Mercy on habeas corpus and certiorari. By the return to the writ of habeas corpus made by the House of Mercy, it appeared that the relator was detained by virtue of the following commitment, by one of the police justices of the city of New York (omitting caption, and signature): “ Whereas, Alma Nichols, a female, actually and apparently over the age of twelve years—to wit, of the age of twenty-two years—was heretofore on July 28, 1886, duly brought before me for examination, charged before me upon the allegation under oath of Dennis Cahill, that she, the said female, Alma Nichols, on. July 28,1886, at the city and county aforesaid, was found by said Dennis Cahill, the complainant, at premises No. 74 Forsyth street, a reputed house of prostitution, and when found the said Alma was in company of prostitutes, who are inmates of said house, in violation of the provisions of chapter 410, of the Laws of 1882, as amended by chapter 353 of the Laws of 1886, of this State. “ And I, having in due form pf law examined the said complainant and the witnesses before me produced, and also the said female, who was duly produced for my personal inspection pursuant to law, and it appearing and having been proven to me to my satisfaction, by competent testimony and evidence, that the said female is, and on the day last aforesaid wTas, actually and apparently over the age of twelve years, to wit, of the ago of twenty-two years, and on the day last aforesaid, at the city and county aforesaid, was found in said premises, No. 74 Forsyth steret, a reputed house of prostitution, and is, and on the day last aforesaid was in danger of becoming morally depraved, in violation of the laws aforesaid. “ Now, therefore, I do hereby adjudge that the several allegations above set forth oand stated to have been proved are true, and that said female is embraced within the provisions of the laws aforesaid, and that it is .for the welfare of said female that she be placed in a reformatory, and that said female is a proper object for the care and instruction of the reformatory institution known as the Protestant Episcopal House of Mercy, Hew York. “ How, therefore, in the name of the People of the State of Hew York, you are hereby commanded immediately to take charge of the said female, and to deliver the said female, without delay, to the said Protestant Episcopal House of Mercy, at its house of reception in the city of Hew York, to which reformatory institution such female is hereby committed, under and in pursuance of the provisions of the laws aforesaid, to be and remain under the guardianship of the said institution during a term of six months, unless sooner discharged by the trustees or managers thereof. And for so doing, this shall be your sufficient warrant.” The evidence annexed to the magistate’s return to the writ of certiorari, upon which the commitment was made, consisted of the deposition of Dennis Gahill that the relator was found in a certain reputed house of prostitution, and when arrested was in the company of several inmates of the house, and the examination of the relator, stating that she was twenty-two years of age, and had resided in the said house one month. A “ record of conviction ” annexed to this return differed from the commitment in stating that the relator was adjudged to be a vagrant, and that the magistrate had committed her as a vagrant. The section of the Consolidation Act, as amended by L. 1886, c. 353, under which the relator was committed, provides as follows: § 1466, subd. 1. “ Whenever any female over the age of twelve years shall be brought by the police, or shall voluntarily come before a committing magistrate in the city of Hew York, and it shall be proved to the satisfaction of such magistrate by the confession of such female, or by competent testimony, that such female (first) is found in a reputed house of prostitution or assignation ; or in company with, or frequenting the company of, thieves or prostitutes, or is found associating with vicious and dissolute persons ; or is wilfully disobedient to parent or guardian, and is in danger of becoming morally depraved ; or (second) is a prostitute, or is of intemperate habits, and who professes a desire to reform, and has not been an inmate of the penitentiary, such magistrate may judge that it is for the welfare of such female that she be placed in a reformatory, and may thereupon commit such female to one of the following reformatory institutions, viz.: 6 The Protestant Episcopal House of Mercy,’ etc. 3. “ Every commitment made under this act shall state the name and age of the female so committed, together with the cause of her commitment, and shall designate the institution to which she is committed, which institution shall, when practicable, be one which is conducted by persons of the same religious faith as such female; and such commitment shall also state the term of the commitment, which, if the female so committed is an adult, shall be six months, or if such female is a minor, during her minority, unless sooner discharged by the trustees or managers of such institution, provided however, that no commitment made under this act, which shall recite the facts upon which it is based, shall be deemed or held to be invalid by reason of any imperfection or defect in form.” No traverse or demurrer having been interposed to the returns to the writs, the matter was heard at special term, and the writs sustained, and the relator discharged from custody. The People and the House of Mercy took this appeal from the order. Randolph B. Martine, district-attorney, for the People, etc., appellants. John B. Pine, for the House of Mercy, appellant, Thomas B. Osborne, for the relator, respondent. See the following case. [MAJORITY — Per Curiam.] Per Curiam. The proceedings before the magistrate, in this casé, appear to have been in conformity to the statute. The commitment recites the several facts necessary to show jurisdiction and the conviction upon sufficient evidence of the alleged charge. Under such circumstances, the court should have remanded the petitioner to the custody of the House of Mercy. The statute expressly provides that no commitments made under this act which shall recite the facts upon which it is based shall - be deemed or held to be invalid by reason of any imperfection or defect in form. We see no error in the proceedings which justified the court in discharging the petitioner upon the writ of habeas corpus. The order must be reversed and the petitioner remanded. Davis, P. J., Brady and Daniels, JJ.