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Chap. 165.

AN ACT to amend the state charities law, relating to parole and discharge of inmates from houses of refuge and reformatories for women.

Became a law March 28, 1904, with the approval of the Governor. Passed, a majority being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and forty-two of chapter five hundred and forty-six of the laws of eighteen hundred and ninetysix, known as the state charities law, is hereby amended to read as follows:

§ 142. General powers and duties of managers.-Each board of managers shall have the general superintendence, management and control of the institution over which it is appointed; of the grounds and buildings, officers and employees thereof; of the inmates therein, and of all matters relating to the government, discipline, contracts and fiscal concerns thereof, and may make such rules and regulations as may seem to them necessary for carrying out the purposes of such institutions. Each board of managers shall constitute a board of parole of the institution over which it is appointed, and shall have power to parole and discharge inmates as hereinafter provided. In the consideration of the parole or discharge of any inmate of the New York state reformatory for women at Bedford, the judge or magistrate who committed any female to such institution, when he so requests in writing, shall constitute a member of such board of parole in considering and determining the matter of the parole or discharge of such female committed by him.

§ 2. This act shall take effect immediately.

Chap. 166.

AN ACT to amend the consolidated school law, in relation to pay. ment of school moneys.

Became a law March 28, 1904, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section twelve of article one, title two, of chapter five hundred and fifty-six of the laws of eighteen hundred and ninety-four, being "An act to revise, amend and consolidate the general acts relating to public instruction," is hereby amended to read as follows:

§ 12. Moneys, payable between the first day of April and the fifteenth day of May.-The moneys so annually apportioned by the superintendent, shall be payable between the first day of April and the fifteenth day of May next after the apportionment, to the treasurers of the several counties and the chamberlain of the city of New York, respectively; and the said treasurers and the chamberlain shall apply for and receive the same as soon as payable.

§ 2. This act shall take effect immediately.

Chap. 167.

AN ACT to amend the state charities law, with relation to commitments to the *sate industrial school at Rochester, and the house of refuge for juvenile delinquents in New York city, and transfers of inmates.

Became a law March 28, 1904, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and twenty, of the laws of eighteen hundred and ninety-six, known as the state charities. law, as amended by chapter five hundred and thirty-six of the

So in original.

laws of eighteen hundred and ninety-eight, is hereby amended to read as follows:

§ 120. State industrial school; managers.-The state industrial school, at Rochester, is hereby continued for the reception of all male children, under the age of sixteen years, who shall be legally committed to such school as vagrants or on a conviction for any criminal offense by any court having authority to make such commitment. Such school shall be under the control and management of a board of fifteen managers appointed by the governor, by and with the advice and consent of the senate. Their term of office shall be three years, and they shall be so appointed that the terms of *one-third shall expire on the first Tuesday of February in each year. All vacancies shall be filled by the governor and the person appointed to fill a vacancy shall hold office for the remainder of the term of the person whom he succeeds. In the discretion of the governor, persons of either sex may be appointed as managers of such school. Such managers shall serve without compensation.

§ 2. Sections one hundred and twenty-one, one hundred and twenty-four, one hundred and twenty-five, one hundred and twenty-six, one hundred and twenty-seven, one hundred and twenty-eight and one hundred and twenty-nine of chapter five hundred and forty-six of the laws of eighteen hundred and ninety-six, known as the state charities law, are hereby amended to read as follows:

§ 121. Managers of house of refuge for juvenile delinquents in New York city.-The society for the reformation of juvenile delinquents in the city of New York shall continue to be a corporation by the name of "The Managers of the Society for the Reformation of Juvenile Delinquents in the City of New York," with all the powers conferred upon it by its act of incorporation and the acts. amendatory thereof, in so far as the same are not inconsistent with the provisions of this act. There shall continue to be thirty managers of such society, each of whom shall hold office for the term of three years; and the managers in office when this chapter takes effect shall continue in office for the terms for which they were chosen respectively. The members of such society residing in the city of New York shall annually on the third Monday in November, by a plurality of votes, elect ten managers of such society. If a vacancy shall occur in the office of any man

ager, the board of managers may appoint a person to fill the vacancy for the remainder of the unexpired term.

§ 124. Commitment of children.-Male children under the age of sixteen years may be committed from the rural counties of this state as vagrants, or on the conviction of any criminal offence by any court having authority to make such commitments, to the state industrial school or the house of refuge established by the society for the reformation of juvenile delinquents; but such children in the counties of New York and Kings shall be committed to the house of refuge in New York city, established by such society. But no child under the age of twelve years shall be committed or sentenced to either of such institutions for any crime or offense less than felony. The courts of criminal jurisdiction in the several counties shall ascertain by such proof as may be in their power, the age of every delinquent committed to either of such institutions, and insert such age in the order of commitment and the age thus ascertained shall be deemed and taken to be the true age of such delinquent. If the court shall omit to insert in the order of commitment, the age of any delinquent committed to such school or house of refuge the managers shall as soon as may be after such delinquent shall be received by them, ascertain his age by the best means in their power, and cause the same to be entered in a book to be designated by them for that purpose, and the age of such delinquent thus ascertained shall be deemed and taken to be the true age of such delinquent.

§ 125. Register.-Upon the commitment of a delinquent to such industrial school or house of refuge, the superintendent thereof shall cause to be entered in the register kept for that purpose, the date of admission, name, age, place of birth, nationality, residence and such other facts as may be ascertained, relating to the origin, condition, peculiarity or inherited tendencies of such delinquent.

§ 126. Discipline and control of inmates.-The managers of the state industrial school shall receive and detain during minority, every male delinquent committed thereto in pursuance of law, or to the western house of refuge for juvenile delinquents, or to the house of refuge for juvenile delinquents in western New York. The managers of the house of refuge for juvenile delinquents in the city of New York, may receive and detain during

minority all male delinquents committed thereto. After June one, nineteen hundred and four, no female shall be committed to or received at either the said state industrial school or the house of refuge for juvenile delinquents in the city of New York. The managers of each institution shall cause the children detained therein or under their care to be instructed in such branches of useful knowledge, and to be regularly and systematically employed in such lines of industry as shall be suitable to their years and capacities, and shall cause such children to be subjected to such discipline, as in the opinion of such board, is most likely to effect their reformation. The managers of each institution, with the consent of any child committed thereto, may bind out as an apprentice or servant, such child during the time they would be entitled to retain him to such persons and at such places to learn such trade and employment as in their judgment will be for the future benefit and advantage of such child.

§ 127. Military drill.-The superintendent of the state industrial school, and the superintendent of the house of refuge, established by the society for the reformation of juvenile delinquents, with the approval of the respective boards of managers thereof, may institute and establish a system of rules and regulations for uniforming, equipping, officering, disciplining and drilling in military art, the inmates of such institutions, and for the exercise and drill of such inmates according to the most approved tactics, such number of hours daily as such superintendent may deem advisable.

§ 128. Transfer of inmates to penitentiary or Elmira reformatory. If a delinquent confined in the state industrial school or the house of refuge established by the society for the reformation of juvenile delinquents, by commitment for felony, is guilty of attempting to set fire to any building belonging to either of such institutions, or to any combustible matter for the purpose of setting fire to any such building, or of openly resisting the lawful authority of an officer thereof, or of attempting to excite others to do so, or shall by gross or habitual misconduct exert a dangerous and pernicious influence over the other delinquents, the board of managers of the institution wherein such case arises shall submit a written statement of the facts to a justice of the supreme court, or, if the case arises within the state industrial school, to

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