Page images
PDF
EPUB

CODE OF CRIMINAL PROCEDURE: LAWS OF 1881, CHAPTER 272.

TITLE IX.

Of Proceedings Respecting Masters, Apprentices and Servants. Section 927. Complaint against apprentice or servant, for absenting himself, or refusing to serve, or for a misdemeanor or ill behavior.

928. Warrant, when complaint is made in the absence of the defendant.

929. Warrant, by whom and how executed.

930. Hearing the complaint, and committing or discharging the defendant.

931. Complaint against the master, for cruelty, misusage or violation of duty. 932. Hearing the complaint and dismissing it or discharging the apprentice or

servant.

933. Preceding sections, not applicable to apprentice with whom money is received or agreed for.

934. Complaint against master in such case, and direction thereon.

935. If complaint not compromised, the master to be held to appear at sessions. 936. Proceedings thereon and order of the court.

937. Complaint by master against clerk or apprentice, where money is paid or agreed for. Clerk or apprentice, when held to appear at sessions.

938. Proceedings thereon, and order of the court.

939, 940. Indenture or contract of service, how assigned on death of master. [Repealed.]

§ 927. Complaint against apprentice or servant, etc.—If an apprentice or servant, lawfully bound to service as prescribed by special statutes, willfully absent himself therefrom, without the leave of his master, or refuse to serve according to his duty, or be guilty of any misdemeanor or ill behavior, his master may make complaint of the facts under oath, before a justice of the peace or police justice in the county, or before the mayor, recorder or city judge of the city where he resides.

§ 928. Warrant, when complaint is made in the absence of the defendant. If the complaint be made in the absence of the defendant, and the facts be proved to the satisfaction of the magistrate, he must issue a warrant, signed by him, with his name of office, to a peace officer of the county or city, commanding him to arrest the defendant and bring him before the magistrate forthwith, or at a specified time and place, to answer the complaint.

§ 929. Warrant, by whom and how executed. The peace officer must accordingly execute the warrant, by arresting the defendant and taking him before the magistrate.

§ 930. Hearing the complaint, etc.-The magistrate must immediately, or at a time to which he may, for good cause adjourn the matter, proceed to hear the allegations and proofs of the parties, and if the complaint appear to be well founded, must commit the defendant to the county jail, or in the city of New York, to the city prison of that city, for not exceeding one month, at hard labor, where he must be confined in a room with no other person; or may, by a certificate, signed by him with his name of office, discharge the defendant from the service of his master, and the master from all obligations to the defendant.

§ 931. Complaints against the master, etc.-If a master be guilty of cruelty, misusage, refusal of necessary provisions or clothing, or any other violation of duty toward his apprentice or servant, as prescribed by special statutes, or by the indenture or contract of service, the appren

LABOR LAWS-INDUSTRIAL EDUCATION.

tice or servant may make complaint on oath, to any of the magistrates mentioned in section 927, who must summon the defendant before him, at a specified time and place.

§ 932. Id.; hearing the complaint, etc.-The magistrate must immediately or at a time to which he may, for good cause, adjourn the matter, proceed to hear the allegations and proofs of the parties, and if the complaint be well founded, must, by a certificate under his hands, with his name of office, discharge the apprentice or servant from the service of his master; or if not, he must, by a similar certificate, dismiss the complaint.

§ 933. Preceding sections, when not applicable, etc.-The preceding sections of this title do not extend to an apprentice, whose master has received, or is entitled to receive, a sum of money with him, as a compensation for his instruction.

§ 934. Complaint against master in such case, etc.-Where money is paid or agreed to be paid, on binding out a clerk or apprentice, he may make the complaint mentioned in section 931, and the magistrate to whom it is made must examine it, as provided in section 932, and on such examination, may make such order and direction between the parties, as the justice of the case may require.

§ 935. If complaint not compromised, the master to be held to appear at county court.-If, in the case mentioned in the last section, the complaint cannot be compromised, the magistrate must take a written undertaking from the master, for his appearance at the next term of the county court of the county, in a sum and with sureties approved by him. [As amended by L. 1895, ch. 880.]

§ 936. Proceedings thereon, and order of the court.-Upon hearing the parties, the court may, by an order entered upon the minutes, direct that the clerk or apprentice be discharged from service, and that the money paid or agreed for in binding him out, be refunded, if paid, to the person who advanced it, or his personal representatives, or if not paid, that it be discharged, and that any security given therefor be delivered up or canceled.

§ 937. Complaint by master against clerk or apprentice, where money is paid or agreed for; clerk or apprentice when held to appear at county court. The master of a clerk or apprentice, where money is paid or agreed for on binding him out, may make the complaint mentioned in section nine hundred and twenty-seven, and the magistrate to whom it is made must proceed thereupon, as provided in sections nine hundred and twenty-eight to nine hundred and thirty, both inclusive, and may discharge the complaint, or if in his opinion it be well founded, may take a written undertaking, in a sum and with sureties to be approved by him, for the appearance of the clerk or apprentice at the next term of the county court of the county. [As amended by L. 1895, ch. 880.]

§ 938. Proceedings thereon, and order of the court.-Upon hearing the parties, the court may proceed as provided in section nine hundred and thirty-six, and may punish the clerk or apprentice, by fine or imprisonment, or both, as for a misdemeanor.

Industrial Training in the Public Schools.

LAWS OF 1894, CHAPTER 556, BEING THE CONSOLIDATED SCHOOL LAW. TITLE 15, ARTICLE 10.

§ 25. Industrial training departments authorized.-Boards or departments of education of cities and villages, and of union free schools and trustees of public school districts, are hereby authorized and empowered to establish and maintain a department or departments in the schools under their charge for industrial training and for teaching and illustrating the manual or industrial arts, and the principles underlying the same; and for that purpose they are respectively authorized to purchase and use such material and apparatus, and to establish and maintain such shops, and to employ such instructor or instructors, in addition to the other teachers in said schools, as in their judgment shall be deemed necessary or proper whenever the authorities or electors respectively now authorized by law to raise money by taxation for school purposes, shall make provision for the maintenance of such departments.

§ 26. Tax for establishment and maintenance of department.-All authorities and electors, respectively, now authorized by law to levy and raise taxes for school purposes, are hereby authorized to levy and raise by taxation, in addition to any amount or amounts which they are now, respectively, in any city, village or district, authorized by law to raise for school purposes, and in the same manner, and at a regular or special meeting, the necessary funds to establish and maintain such industrial department as aforesaid,

§ 27. Industrial training in normal schools.-The state normal and training schools which are or hereafter may be established in this state, hereby are and shall be required to include in their courses of instruction the principles underlying the manual or industrial arts, and also the practical training in the same, to such an extent, as the superintendent of public instruction may prescribe, and to such further extent as the local boards, respectively, of said normal and training schools may prescribe.

Free Lectures for Working-People.

LAWS OF 1888, CHAPTER 545.

AN ACT to provide for lectures for workingmen and workingwomen [in New York city].

§ 1. The board of education of the city of New York is hereby authorized and empowered to provide for the employment of competent lecturers to deliver lectures on the natural sciences and kindred subjects in the public schools of said city in the evenings for the benefit of workingmen and workingwomen.

§ 2. The said board of education shall have power to purchase the books, stationery, charts and other things necessary and expedient to successfully conduct said lectures which it shall have power to direct.

LABOR LAWS-INDUSTRIAL EDUCATION.

§ 3. No admission fee shall be charged, and at least one school in each ward of said city or such hall or halls therein, if there is not suitable accommodation in the school buildings for persons attending said lectures, where in the judgment of the said board of education it is practicable or expedient, shall be selected and designated by said board for the purpose of carrying out the provisions of this act, and one or more lectures, in the discretion of said board, shall be delivered in each school or other building so selected and designated in each week, between the first day of October in each year and the thirty-first day of March in each succeeding year, excepting the two weeks preceding and the week following the first day of January in each year; and such lecture or lectures may be advertised in a newspaper or newspapers published in said city, or otherwise, as the said board of education in its discretion shall determine. The board of estimate and apportionment of the city and county of New York is hereby authorized to appropriate annually sufficient money to carry out the [As amended by L. 1889, ch. 383; L. 1890, ch. 305; provisions of this act.

L. 1891, ch. 71.]

LAWS OF 1897, CHAPTER 97.

AN ACT to continue free instruction in natural history, geography and kindred subjects in certain institutions, and making an appropriation therefor.

81. The state superintendent of public instruction is hereby authorized to enter into an agreement with the American museum of natural history, in the city of New York, for continuing the instruction of natural history, geography and kindred subjects in the several state normal schools, the normal college of the city of New York, the training school for teachers in the city of Brooklyn, the teachers' institutes in the different counties of the state, and to the teachers in the common schools of the city of New York, Brooklyn and vicinity, authorized by chapter four hundred and twenty-eight of the laws of eighteen hundred and eighty-six, by chapter three hundred and thirty-seven of the laws of eighteen hundred and eighty-eight, by chapter forty-three of the laws of eighteen hundred and ninety-one, and by chapter six of the laws of eighteen hundred and ninetythree, for the further term of four years from the first day of January, eighteen hundred and ninety-seven.

§ 2. Said instruction may include free illustrated lectures to artisans, mechanics and other citizens, on such legal holidays as the state superintendent and museum authorities may agree upon.

§ 3. The sum of eighteen thousand dollars, payable from the free school fund, is hereby appropriated for the preparation for and the support and maintenance of said course of instruction, for the year beginning on the first day of January, eighteen hundred and ninety-seven; and the sum of eighteen thousand dollars shall be appropriated annually thereafter in the general appropriation bill for the preparation for and the support and maintenance of said course of instruction during the term of the agree ment authorized by this act.

LAWS OF 1899, CHAPTER 489.

AN ACT to provide that additional facilities for free instruction in natural history, geography and kindred subjects, by means of pictorial representation and lectures, may be furnished to the free common schools of each city and village of the state that has, or may have, a superintendent of free common schools.

§ 1. The state superintendent of public instruction is hereby authorized to furnish additional facilities for instruction in natural history, geography and kindred subjects, by means of pictorial representation and lectures, to the free common schools of each city and village of the state that has, or may have, a superintendent of free common schools. The local school authorities may, in their discretion, cause the aforesaid illustrated lectures to be repeated to their artisans, mechanics and other citizens on the legal holidays and at other times. Any institution instructing a teachers' training class, or any union free school, may have the free use of the apparatus provided by this act upon the payment to the superintendent of schools loaning the same of necessary expenses incurred in such use or for any loss or injury to said property. Said superintendent may, from time to time, establish the rules and regulations and make and enter into the contracts necessary for carrying out the provisions of this act.

Free Public Libraries.

LAWS OF 1892, CHAPTER 685, BEING THE GENERAL MUNICIPAL LAW AND CONSTITUTING CHAPTER XVII OF THE GENERAL LAWS.

§ 24. Free public libraries.-Any municipal corporation may establish and maintain a free public library or museum in accordance with the library provisions of the university law, being chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-two. amended by L. 1896, ch. 576.]

LAWS OF 1892, CHAPTER 378, THE UNIVERSITY LAW.

[As

§ 36. Establishment.-By majority vote at any election, any city, village, town, school district, or other body authorized to levy and collect taxes, or by vote of its common council, or by action of a board of estimate and apportionment or other proper authority, any city, or by vote of its trustees, any village, may establish and maintain a free public library, with or without branches, either by itself or in connection with any other body authorized to maintain such library. Whenever twentyfive taxpayers shall so petition, the question of providing library facilities shall be voted on at the next election or meeting at which taxes may be voted, provided that due public notice shall have been given of the proposed action. A municipality or district named in this section may raise money by tax to establish and maintain a public library, or libraries, or to provide a building or rooms for its or their use, or to share the cost as agreed with other municipal or district bodies, or to pay for library

« PreviousContinue »