CHAP. XX. CHAP. 159. AN ACT to allow the trustees, directors, or managers of orphans or indigent PASSED April 5, 1855. The People of the State of New York, represented in Senate and Assembly, do enact as follows: may bind dren. $1. The trustees, directors, or managers of any incorpo- Trustees rated orphan asylum, may bind out any orphan or indigent out chil child if a male, under the age of twenty-one years, or if a female, under the age of eighteen years, which has been or shall be surrendered to the care and custody of said society by the parent or guardian thereof, or placed therein by the superintendent of the poor of the county, or the overseers of the poor of any city or town in the county within which said asylum is located, to be clerks, apprentices or servants, until such child, if a male, shall be twenty-one years old, or if a female, shall be eighteen years old, which binding shall be as effectual as if such child had bound himself with the consent of his father. when the child. $ 2. In case of the death of the father of any indigent Mother child, or in case the father shall have abandoned his family or guardian of neglected to provide for them, the mother shall be the guardian of said child for the purpose of surrendering the said child to the care and custody of said society; and in case of the death of both parents, the mayor of the city within which the said asylum may be located, shall be, ex officio, the guardian of said child, for the purpose of enabling said trustees, managers or directors, to bind out such child. extended. $3. The provisions of sections eight, nine and ten, of arti- Rev. Stat. cle first of title fourth of chapter eight of part second of the Revised Statutes, shall apply to all cases of binding under this act. Ante, vol. 2, p. 162. CHAP. 269. AN ACT requiring overseers of the poor of the several towns of this state to give bonds. PASSED April 10, 1855. The People of the State of New York, represented in Senate and Assembly, do enact as follows: give bond. 1. Every person hereafter elected or appointed to the Overseer to office of overseer of the poor in the several towns of this state, within ten days after being notified of his election or appointment, shall execute to the supervisor of the town, a PART I. To be filed. bond, with one or more sureties, to be approved by such supervisor, conditioned that he will faithfully discharge the duties of his office, and will pay according to law all moneys which shall come into his hands as such overseer. $ 2. Such bond, with the approval of the supervisor endorsed thereon, shall, within five days thereafter, be filed in the office of the town clerk of such town. Duty of su perintendents of poor. Duty of managers asylums. СНАР. 61. AN ACT in relation to orphan and destitute children. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. It shall be lawful for the superintendents of the poor, in counties in which there shall be no orphan asylum, and the overseers of the poor of towns in such counties, to place the children, chargeable to and supported at the expense of such counties or towns, in any incorporated orphan asylum in any county of the state, upon such terms as shall be agreed upon with the managers or trustees of said asylum, at the proper expense of the counties or towns to which they are properly chargeable. S2. It shall be the duty of the managers of every orphan of orphan asylum or other institution authorised to receive and bind out orphan or destitute children, to provide and keep always open for the inspection of all desiring to examine it, a book, in which shall be registered the names, age and parentage, as near as the same can be ascertained, of all children committed to their care or received into such institution, in which book or register shall also be written the time such child left the institution, and if bound out or otherwise, placed out at service, or on trial, the name and occupation of the person with whom it is so placed and his or her place of residence. The managers shall have no power to bind out any person mentioned in the first section. Act of 1855 made appli cable. Power of supervisors $ 3. All the provisions of chapter one hundred and fiftynine of the laws of eighteen hundred and fifty-five, shall apply to the children provided for in this act. Ante, p. 13. CHAP. 298. AN ACT in relation to superintendents of the poor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. Section one of chapter four hundred and ninety-eight to increase of the laws of eighteen hundred and forty-seven, passed De CHAP. XX. superinten office. cember sixteen, eighteen hundred and forty-seven, is hereoy amended by adding thereto the following: And after the board of supervisors of any county shall have, by resolution, directed that only one superintendent of the poor shall be elected in and for such county, the said board may, at any annual meeting thereof, revoke such resolution, and may, by resolution, direct that thereafter three superintendents of the poor shall be elected in and for such county. The superintendent of the poor who shall be in office at the time of the adoption of the resolution hereby authorized, shall hold his office (subject to all provisions of law) until the expiration of the term of office for which he was elected. If the term of Election of office of such superintendent will expire on the thirty-first day dents. of December of the same year of the adoption of said resolution, then three superintendents of the poor for said county shall be elected at the next general election, whose term of office respectively shall be determined in accordance with the provisions of section three of said chapter four hundred and ninety-eight. If the term of office of the superintendent of the poor in office at the time of the adoption of said resolution will not expire during the year of the adoption of said resolution, then, at the general election to be held next thereafter, there shall be elected two superintendents of the poor for said county, and their term of office shall be determined in accord- Term of ance with the provisions of section three of chapter four hundred and ninety-eight of the laws of eighteen hundred and forty-seven, but for such term that the terms of the three superintendents of the poor shall so expire that one of them shall be to be filled at each annual election thereafter. In any county where such resolution has been already adopted, there shall be elected annually thereafter, at the general election in each year, one county superintendent of the poor, who shall hold his office for three years; and, in each of the counties of this state having a county poor house, the superintendent of the poor of such counties, or superintendents, if there be more than one, shall appoint a keeper or keepers of To appoint such county poor house, and shall have full power, at any time, to remove any keeper and appoint another in his stead. And if the keeper of any such poor house shall neglect or Power to refuse to leave the same, or surrender to the superintendent keeper. or superintendents the possession of the same, when such possession is demanded, the said superintendent or superintendents shall have power and are hereby authorized to proceed against said keeper in his or their name of office, and to remove said keeper from such poor house by summary proceedings, in the same manner as is provided by article second of chapter eight of part third of the Revised Statutes, entitled "Summary proceedings to recover possession of land in other cases," so far as the same are applicable, except that it shall Warrant of only be necessary for the superintendent to set forth in his keeper. removo removal. PART I. Baving clause. Children when to be taken up. Penalty for violating engagement. affidavit, or prove upon the hearing the following facts, to entitle him to the warrant of removal. 1. That the party commencing the proceedings is the superintendent or superintendents of the poor of the county. 2. That the county has a county poor house, and that the keeper is in possession of such poor house, or living therein, and that he refuses to surrender up the possession of such poor house, or remove from the same, after the possession shall have been demanded by such superintendent of the poor. But nothing in this act shall affect the tenure of office of any present incumbent. Ante, p. 9. CHAP. 185. AN ACT to provide for the care and instruction of idle and truant children. PASSED April 12, 1853. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. If any child between the ages of five and fourteen years, having sufficient bodily health and mental capacity to attend the public schools, shall be found wandering in the streets or lanes of any city or incorporated village, idle and truant, without any lawful occupation, any justice of the peace, police magistrate or justices of the district courts in the city of New York, on complaint thereof by any citizen on oath shall cause such child to be brought before him for examination, and shall also cause the parent, guardian or master of such child, if he or she have any, to be notified to attend such examination. And if on such examination the complaint shall be satisfactorily established, such justice shall require the parent, guardian or master to enter into an engagement in writing, to the corporate authorities of the city or village, that he will restrain such child from so wandering about, will keep him or her on his own premises, or in some lawful occupation, and will cause such child to be sent to some school at least four months in each year, until he or she becomes fourteen years old. And such justice may, in his discretion, require security for the faithful performance of such engagement. If such child has no parent, guardian or master, or none can be found, or if such parent, guardian or master refuse or neglect, within a reasonable time, to enter into such engagement, and to give such security, if required, such justice shall, by warrant under his hand, commit such child to such place as shall be provided for his or her reception, as hereinafter directed. $2. If such engagement be habitually or intentionally violated, an action may be brought thereon, by the overseers of the poor or either of them, of such city or village, in the name of the corporate authorities thereof, and on proof of such habitual or intentional violation, the plaintiff shall recover therein a penalty of not more than fifty dollars, with costs. And thereupon, the magistrate or court before whom such recovery shall be had, shall, by warrant, commit such child to the place so provided for his or her reception, as aforesaid. CHAP. XX. ception, occupation $ 3. The corporate authorities of every city and incorpo- Place of rerated village shall provide some suitable place for the recep- and useful tion of every child that may be so committed, and for the to be proemployment of such child in some useful occupation, and his children. or her instruction in the elementary branches of an English education, and for his or her proper support and clothing. Every child so received shall be kept in such place until discharged by the overseers of the poor or the commissioners of the alms-house of such city or village, and may be bound out as an apprentice by them or either of them, with the consent of any justice of the peace or any of the aldermen of the city, or any trustee of the incorporated village where he may be, in the same manner, for the same periods, and subject to the same provisions in all respects, as are contained in the first article and fourth title of the eighth chapter and second part of the Revised Statutes, with respect to children whose parents have become chargeable on any city or town. $4. The expenses of providing and maintaining such place Expenses. for the reception, clothing, support and instruction of such how paid. children, shall be defrayed in the same manner as charges for the support of paupers chargeable upon such city or village; and the corporate authorities of every city and village shall certify to the board of supervisors of the county, at their annual meetings, the amount necessary for said purposes, which amount the said supervisors shall cause to be levied and collected as part of the taxes for the support of the poor, chargeable to such city or village. to be made $5. It shall be the duty of all police officers and consta- Complaint bles, who shall find any child in the condition described in the by consta first section of this act, to make complaint to a justice of the peace, as provided in the said section. ble. fees. $6. The fees of justices for services performed under this Justices" act shall be the same as allowed by law in cases of vagrancy, and shall be paid by the city or village in which they were rendered. |