{ title: 'The Niagara sun. volume (Lockport, N.Y.) 1896-19??, July 21, 1896, Page 6, Image 6', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn94057632/1896-07-21/ed-1/seq-6/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn94057632/1896-07-21/ed-1/seq-6.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn94057632/1896-07-21/ed-1/seq-6/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn94057632/1896-07-21/ed-1/seq-6/ocr.txt', label: 'text/plain', meta: '', }, ] }
Image provided by: New York State Library
: ~ of avch delinqtion 6. thote power. the age of avery delinquent com mitted to ofticy of such Institubtons, and in yoxt auch mge In the order of commitment ind tho nge thitg anceetubned shall bo doomed and tales to be the true nge of such dolingient, It thee court shultom16 to fngort in the order of cominitmcont, tho ago of nuy dalingquent com- mittad to gach gehaol or house of refuge the manggert shall as soon pe miny ho. fter such dofinquont shalk ho reasived by thom, fscor« tain hie ngo by the best means in thole power, and cities the mane to bo ontered in i Look to be designated by them: for thas purposo, und tha ngo of such dellitquont thus nscortainod ~Thalk be doomed iind . taken: to ho the trne ago Hod. 128. | the commitment af m deltuquent to such. Industrial sehoot or house of refuge, the anporintendent thereof shall entina to bo entoreil fit tho register kept tos that parpone, the dite of admiszion, namo. . Nex, igo, pho of birth, residence 'and such obhor faots ais may bo éslating to tho origin, condition,. poonliarity pedsharitud tondancios of such dofinguent. Kad. 1. Disalpling and control of inmates, «The manngors of | tho state industrial school ~ ahiall rocelyo and dotibs durtig minority, ov» ary-dolinquent cominitted. thereto in pursu- ange of Inw, or to the worstorn house of rofuge tor juvenile dolinquonts, or to the house of rof» gge for {uvontle dollnquents dn wostern Now tk. ' Tho managore: of: the house of rofuge tar juvoniio: delinquents in the olty of New York, may rocoiva and dotain during minority all dolinguonts committed: thorato. Tho man- agora of ench. dnatitublon. shall onuso the chils Aron détainad thovoin or under their caro to be dustructod in such branches of usoful knowledgo, and:-to bo regularly and syatomat« foally employed. tn such lnow of Industry as abal} be suitable to thoir yours and cnpaoltics; And shill andso such - ohlldren to bo subjacted to much dissiplinocas in tho opinion of such board, {s mast Hkely to 'offoot thoir rofornig« Mone Tho miungors 6f ench institution, with _. the congant of any child committed thorato, may bun! out aw in npprontico or gervant, auch ohlid dviring tho tima they would bo on- titled to rotrin: him or hor, to such persons and at such to lourn such trade and oms «ployment as in thoir judgnhfent will be for the ature boneflk and adyantago of such child. %, 5&0; 1%, Military dell -Tho suparinteondent F tite bute industrial school, and the suporin« \Aéndent of tho houso of rafugo, ostablishod by ~ thig. sooloby for the reformation, of juvenile ~fellnquonts, 'with the Approval of the raspoot: 'Ive boards of managors thereof, may institute and system of rulorand regulations: - tox uniforming, equipping, officering, discl« plining and drilling in military art, the male Inmates of euch institutions, and for the ox- ceroige ayd dali of such inmates nccording to , \the moat approved tactics, such numbor of howrs.deily as such suporintondon't may doem advisiblas Heo. 128. Trnnifor of Inmatos to ponttontiary ' of Elmirn roformatory.-If a dolingtiont con- - Snod in thostate Industrial school or the house of refuge oatablished by tho sooloty for the * reformation: of Juvonilo dolingquonts is gullty of attempting to setifiro to miy building bos fdnging to. cithor of such insfitutlons, or to any dombustlble matter for thoe purposo of sobbing hm to uny atch building,. or of oponly restating tho lawful nuthority of au officor -- thereof, or of attompting to oxolto others to do. 8o, or shall by grosa or habitual misconduct i. dnngorous nnd pernicious influence . Ox {aver tha other dolinquents, the board of man- - agers of tho Institublon wherain such cnso arises shall submit is writton statomont of the facts tos justice of the suprome court/ or, if tho cuse arlsos within the state industrial © gohool, to the county judgo of the county of Monroe, and apply to him for un order su- thorlzing n tompornry confinoriont of such de- ~.. Mnquent, fm tho Monrose county ponitontiary, or {£ over yours of age, in the Elinira roformatory; nnd if the caso. arisos within tho house of rofugo, oatablishod by tho soclaty for + / the reformintion of fuvonile delinquents in: the glty of Now, York, in the county. Jail or peni« ( tontiary of the county of Now York, or if the delinquent be ovor slxtoon yours of ago, to the Baston: Now York reformatory, whon com-, // pleted, and titi? then: to tho Elmira: reforma- <2. C. tory. | Hugh judge shall forthwith inquire into: \the faate,; and If 18 npponr that tho statamont fibsmngulllwrgo}; anal flimvfilleu 6)de dissinza %o be accomplished by the ingbltublon whorein iab-Enmfiésxifimn will ba best promoted: «. fithefiqbyn ha shall make an order authorizing ¥ ¥, : . the i). Mary,. county jnfl or reformatory for the lim- boénhpomonb of such delluquont in such. tontiory,. county Jail or reformatory for intited timo oxprossod in the ordor, and or superintendent of such peniton- . Aged thng oxpressoad in the ordor, and thekagp- 'er or quporintandeont of stich ponitentiary, squnty Jull: or roformatory shall receive such delingquont and him during the time - expromtad in adch order,. At tho expiration of the time Limitad . by such: ordor, or goonor; if ~ the bourd of ninnugors of either of such insti- tutiong. shall diroot, the auporintendent or Koopur of, such roformnatory, county jail or {ran tontlary ahall. roturn [ugh delinquent to he custodg: of the suporintarident of the insti- sutlon from which such delinquent shall have «* been recalved. Beo, 180. Confinontont of Juvenile dolinquents under #ontonces by the: courts of the United. States.-Tlic of the house of refuge,, established: by tho- sociaty for the ref- ormation of. Juvonilo delinquents in tho, city 6€ Now York, and the atate: industrial school at Rochestor, shall rocolvo- and safely koop in- ~ Ahoir respective. institutions, subject. to, the yeyulntions: nud. discipline thereof, and tho provision# of this article, any criminal under ~ the ago of slxtcon. years. convicted of any of- fonwe agninat tho United Statos, under sen- t/ tencés of imprisonment in any court of the United States, sitting within this state,; until auch hentences, bo axocuted, or until such do- Hnquont shalt be discharged by due course of +> Jaw, conditioned upon: tho United States sup: porting such delinquent and, paying the ox- penses attendant upon the. execution of such entonce. - feo. 100, Effecta of aloobolic drinks and nar- ~aotlon to bo taught.-The nature of alcoholic drink@ and other narcotics and their effects on the; human systom shall bo taught in tho ~ gohooln. connected with such house of refuge by the society for the roformation of juvorlllo delinquonts in the. city of New > York and in the Stato. Industrial school mt Rochonter,. for not loss thin four lessons m weo'k for ton or niore wooks in ouch year. Al [. <puplin who onn. road, shall. study this subject from: sultable toxt-books, but pupils unable to Read ahall be instructed in. 16 orally by teach- . arm using text-books adapted for such oral Anstriction: as a guide and standard, and those text-books shall ho graded to the onpacitios of © the puplis pursuing such course of study, 60 ARTICLE IX,. KOUSKE OF RENUGN AND REFORMATORIES wor WOMEN, Heotion: 140; Namo#:and: locatton of houses of |. rofuge and roformatorios for women. 141, Appointmont of managers. _- 12; Conorat powers and dutics of managers, 140, Appointmont and removal of officors and componsntion. t 144, Clonoral powork of superintendents. 145, Oaths and bonds. 140, Commitments; papors furnished by com- mitting magistrates. “1047. oturn. of fomalet improporty commit- , 14. Disposition of children of women so committad. ~140. Conveyancs of women committed.. 18. Detention and: rearrosts in caso of es- tt 151. Employment of inmates. . 189%, Employmont of counsol. 180. Board of managers of Bedford reforma an; t? notify county clorks of completion exact, rofuge and reformintorles: for women.-Tho usda of corrootlon for women located at . Hudson and Alblon aro continued: and shnnafga known respectively as tho Housoapf Rofugo. for - Womon at Hudson, mid tho Wostern House of Rofugo® for Womon, Tho reformatory for women looated at Bodford is niso continued and shall bo known as the Now York State Reformatory for Women. Seo: 141. Appointment of managors.-Ench |: auch Ingbitutlon shall ho: under the control of 46« prowont bourd. of managers, until others sare «ppointed, . Such boards: shall «consigt of .; abt maringers to be appointed by the governor, with the advice and consent of the sen: such all, be women and w a phy: - pive, fhall. be: rosldents of t olnted shall ve six years, oxcept that tha gaunt-rs appointed to #111 vacancies shall hold oftice for the unexpired terms of the managers whom thoy suceced. The tei of office of one of such manugers. shall expire each your. I {n any such Institution there be less than six mansager+ in office when this net takes effect, tho governor shill appoint additions muna gets to make up the number of six, who shall be so elussifled by him that the torm of one manuger shall oxpire onth year. Where the tarn of office of a munager of any such insti- tution oxpires at a time other thin the last day of December in any year, the term of office of his suceessor is nbridged so as to ex- pire on: the last day of December, preceding the timo when such term would otherwise ext and tho term of office of each manage) thereafter appointed shall begin on the first doy of January. Tho governor may romove any manugeot, nt nny timo, for cause, on giving to such man ngor copy of the charges ugainst him and as opportanity to bo heard. in his defense. Such managers shall recoive no compensr: tion for their time or services: but the actual exponsos necessarily incurred by thom in the performance of their official duties shall be paid in the sime manner as ather expenses of such institution. Nothing contained in this seotion shall abridgo the term of any managet now in office. Goo. 142, CGenoral powers and duties of man Agors,.-Each board of managers shall have the goneral | suporintendance, managoment and control of the institution over which it is ap pointed; of the grounds and buildings, officers and employes thereof; of the innintes therein, and of all matters relating to the government, discipline, contracts and fiseal concerns thercof; and. may make such rules and rogu lations as may seem to them necessary for carrying out the purposes of such institutions. Seo. 148. Appointment and removal of off: corg and omployes: componsation.-The board of manugers of each of such institutions shall appoint from nmong its members a president, seoretary nnd treastivrer, who Shall hold office for such longth of time as such board may determinc. They shall appoint a fomale superintendent, who shall hold office during the pleasure of the board. Buch boards of managers shall fix the com- pensation of the officers nnd employes of the institution under their charge. » Hoc. 144. General powers of superintendents. --The suporintondent of each such instifutfor ghall, subject to the direction and control of the board of managers theraof: , 1. Have the genorslesuporvision and contro. of the grounds and buildings of the institution. the subordinate offcers and employes and the Inmates thereof, and of all mafters relating tc thoir government and discipline. %. Mako such rules, regulations and orders, wot {nconsistent with law or with the rules, wogulations or directions of the board of man: gore, as tony eom to hor proper or necessary for the government of guch institution and it: offlcors and employus; and for the employ mont, discipline and aducation of the inmate: thereof. 8. Exorclso such. other powors and perform uch other dutles as the board of munagert may prescribe. Buch suporintendent shall also have powot to appoint and: remove all subordinate female officers und employes, subject to the approval of the board. Boo. 145. Oaths and bonds.-Each manage: and suporintondent of such institutions shall take the constitutional. oath of office and exe: cute a bond to the people of the stato, in the sum. of five thousund dollars, with sureties ap: proved,by tho state comptroller, which shal be filed in the office of the comptroller. The manager appointed as troasuror of such insti- tution shall give an additional bond for suck amount as tho comptroller may direct. The coinptroller may require othor officers of suck institutions to give a bond, if, in his opinion, the interests of the state demandit. Sec. 146. Commitments; papers furnished by committing magistrates.-A female, betweer the ages of twolve and twenty-five years, con viotod by any magistrate of petit larceny, has bitual drunkenness, of being a comrfipn pros tituto, of, frequenting disorderly-houses or housos of prostitution, or of a misdemeanor and who is not insane, nor mentally or phys- , dcally incupable of boing substantially benefit ed by the discipline of cither of such institu tions, may be sontenced and committed to the Houseof Refugo for Women, at Hudson, ani such fomales betwoon the ages of fiftcen anc thirty years, conviated of like offenses, may be sontonced and committed to the Wosterr House of Refuge for Women, at Albion, or tht New York State Reformatory for Women, at Bedford. | The term of such sentence and com mitment shall be five years, but such fomal may be soonér discharged therefrom by the board 'Of managers. Such commitments tc - the House of Rofuge for Women, at Hudson, until the New York State Reformatory fo: Womion, at Bedford, is completed. and ready for the rocéption of inraates. shall be nad ~ from the first, second, third, fourth, fifth ant . glxth judicial districts; to the Western Houst of Refuge at Albion, from the sevaath anc eighth judiciai districts. Upon the comple tion of the Now York Stato Reformatory fo: Women, at Bedford, commitments theret shal bo mado from the first judicial distric: and the county of Westchester. The board. of managers of each such instite: tlon shall furnish the several county clerks ot tho state with suitable blanks for the commit ment of women therato. ' Buch county clerks shall immediately notify the magistrates of their respective counties of the reception of such blanks and that upor application thoy will be furnished to them. The magistrate committing a fomale pursu ant to this section shall immediately notify the superintendent of the institution to whick the commitment is made of the conviction ol such female, and shall cause n record to b kept of the name, age, birthplace, occupation, previous commitments, if any, and for what offensos; the last-place of residence of such fe malo, and. the particulars of the offense fos which the is committed, A copy of such reo ord shall be transmitted, with the warrant of commitment, to the superintendent of suct institution, who shall cause the facts state? thoroin, and such other facts as may be direct ed by the board of managers, to be entered it a book of record. © - Buch magistrate shall, before committing any such female, inquire into and determin the age of such fomale at the time of commit mont, and her ago as so determined shall br stated in the warrant. The statement of th . ago of such. female in such warrant shall bi conclusive evidence as to such age, in any ac tion to recover damages for her detention of imprisonment under such warrant, and shal be presumptive evidence thereof in any othe! inquiry, action oe proceeding, relating to sucl detention or imprisonment. Sec. 147. Return of fomales improperly com mitted.-Whenover it shall appear to the satis . fuction of the board of managers of any suc} institution, thatuny person committed theretc ~ is not of proper nge to be so committed or if not properly committed, or is insane or mon tally incapable of being materially benefitec by the discipline of any such institution, sucl ' board of managers shall cause the return o: such female to the county from which sh was, so committed. Such female shall be s returned in the cff@itody of one of the person: eimnployed by such.boards of managers to con vey to such institutions women committe | thereto, who shall deliver her into the custod1 of the sheriff of the county from which she was committed. Such shoriff shall take suc} female before the magistrate making the com. mitment, or some othor magistrate having equal jurisdiction in such county, to be by such magistrate resentenced. for the offens: . | for which sho was committed to any such in Hoo, 140, Namos: and loontions of houser of stitution and dealt with in all respects a though she had not beon so committed. The costs and expenses of the roturn of sucl femald, necesssrily incurred. and paid by any such boird of managers shall be a charm against the county from which such femal was committed, to bo paid by such county tt such board of. managers in the same manne as other county charges are collected. Disposition of children of women s comniffted.-If any woman. committed to an} such institution, w the time of such commit mont is w mothsrof a nursing child in he; caro under one year of ago, or is pregnan with child which shall be born after such com mitment, such: child may accompany its moth er to and remain in suth institution until it i |. two years of age and must then be removet TUESDAY, wove teeta a . tlow may ns co 'n placed in any asylues fr efaren In this state and pay for the enpe at bo si punée of such child there- in fft a iat to excéed two and one-half dolinys o ie +0 notil the mother of such child ghall kev. i» v Gi-eharged. from such institu- tion, or mey emacnit such child to the care and enstodly c\ some relative or proper persor willing to nssa ae sach care. § If such woman, at the time of such commit ment, shali bo the mother of 'and bave under: her exclusive eare a child more than one year of ago, which might otherwise be left without proper care or guardianship, the magistrate committing such woman hall enuse such child to be committed to such asylum as may be provided by law for such purposes, or to the eare and custody of some relative or proper eqhgee 8 person willing to assume such care. Sec. 149. Conveyance of women committed. -The board of managers of each of such insti- tutions shall employ suitable persons to be nown as marshals, to convey from the place of conviction to such institution, all women legally committed thereto, and such marshals shall uve the power and authority of deputy sheriffs in respect thereto. All expenses nee essarily incurred in making such conveyance shall be paid by the tremsurer of the board of munagers. In case of the commitment of a woman,. who, at the time thereof, is the moth- er of n nursing child or is pregnant, the board of managers shall designate a woman of suit: able ngo und character to accompany the per- son so. committed, along with the officer or represontnative, authorized in this section to be employed by such manages. is Sec. 150. Detentions and rearrests in enses of eseapes.-The bowrd of managers of any such institution may detain therein, under the rules and regulations adopted by them, any: female legally committed thereto, according to the terms of the sentence and commitment, and conditionally discharge such female at any time prior to the expiration of the torm of commitment. If an inmate eseaps or be conditionally dis- charged from any such institution, the board of managers may cause her to be rearrested and returned to such institution, to be de- tained therein for the unexpired portion of her term, dating from the time of her escape orconditional discharge. A person employed by the board of managers of any such institu- fion to convey to such institution, women committed thereto, may arrest, without a warrant, an escaped inmate in.gny county in this state, and shall forthwith convey her to the institution from which she escaped ;and a magistrate may cause an escaped inmate to be nix-gang and hold in custody, until she can be rémoved to such institution, as in the case of her first commitment thereto. A person conditionally discharged from,any such institution may be arrested and returned. theroto, upon a warrant issued by its» presi- dent and secretary. Such warrant shall briefly state the reason for such arrest and return, and shall be directed and delivered to a por- son employed by such board of managers to convey to such institutions, women committed thereto, and may be executed by such person in any such county of this state. Sec. 151. Employment of inmates.~-The board of managers of each institution shall deter: mine the kind of employment for women com- mitted thereto and shall provide for their nec- essary custody and superintondence. The pro- visions for the safe keeping and employment of such women shall bo made for the purpose of teaching such women a useful trade or pro- fession and improving their mental and moral condition. - Such board of managers may credit such women with a reasonable compensation for the labor performed by them, and may charge . them with -the necessury expenses of their maintenance and discipline, not exceeding the sum of two dollars per week. If any balance shall be found'to be ,due such women at the expiration of thoir terms of commitment, guch balance may be paid to them at the time of their discharge. 2C To secure the safe keeping, obedience and good order of the women committed to any such institution, the superintendent thereof, has the sume power as to such women, as keepers of jails and penitentisriespossess as to persons conimitted to their custody. See. 152. Clothing and money to be furnished discharged imut-ggzcg‘he board of managers of any such institution may, in their discre- tion, furnish to each inmate of such institu- tion who shall be discharged therefrom, neces- sary clothing not exceeding twelve dollars in value, or if discharged between the first day of November and the first Gay of April to the value of not exceeding cighteen dollars, and ten dollars in money, and a ticket for the transportation of one person from such insti- tution to the place of conviction of such in- mate, or to such other place as such inmate may designate, at no greater distance from such institution than the place of conviction. Sec. 138. Board of managers of\ Bedford re- formatory to notify county clerks 'of comple- tion therebf.-As soon as the Bedford Reform- atory for Women is completed! and ready for the reception of inmates, the board of man- agers thereof shall notify the county clerks of Westchester and New York counties and fur- nish such clerks with suitable blanks for the commitment of women to such institution. Such county clerks, on the reception of such notification, shall transinit a copy thereof to the several magistrates of such counties. ARTICLE X. . THOMAS ASYLUM FOR ORPHAN AND DESTITUTE . INDIAN CHILDREN. Sec. 100. Establishment of asylum. 161. Board of managers. 162. Powers and duties of the board. 163. Officers; salaries. « 164. Superintendent, powers and duties. 165. Treasurer, powers and duties. Sec. 100. Establishment of asylum. - Th Thomas Asylum for Orphan and Destitute In- dian Children, established on the Cattaraugus reservation in the county of Erie, is hereby continued. . Such asylum may sue and be sued in the corporate name of \Thomas Asylum for Or- phan and Destitute Indian Children,\ and ser- vice of process and papers may be made upon the superintendent or any manager of such asylum. - Sec. 161. Board of managers.-Buch asylum sball be under the control and management of a board of managers, consisting of ten mem: bers, three of whom shall be Seneca Indians. Such managers and their successors shall be appointed by the governor, by and with th - advice and consent of the senate, and shall hold their office for six years, and until others are appointed in their stead, subject to remov- al for cause by the governor. If any manager fails, without being excused by vote of the board, for one year, to attend the regular meeting of the board of which he is a member, his office shall become vacant. A certificate of every such failure shall forthwith be trans- mitted by the board to the governor, and all vacancies caused by removal or expiration of office or otherwise shall be filled by the gov- ernor, by and with the consent of the senate. Seo. 162. Powers and duties of board of man- agers.-The board of managers shall have the general direction and control of all the proper- ty and concerns of such asylum, nototherwise. provided for by law. 'They may acquire and hold, in the name of and for the people of the state of New York, property, by grant, gift, devise or bequest, except reservation lands, which may be held by those managers who are Senecs Indians, to be applied to the mainte- nance of orphan and destitute Indian children, snd the general use of the asylum. They shall not receive any compensation for their serv- ices, but shall receive metual and necessary traveling expenses for attending the regular meetings of the board, as prescribed by the by-laws of said asylum. They shall: 1. Adopt, with the approval or consent of the state board of charities, by-laws for the regulation and management of said asylum, and regulating the appointment and duties of officers, assistants and employes of the asy- lum, and ordain and enforce a suitable system of rules and regulations for the internal gov- ernment, discipline and management of the same. . 2. Take care of the general interests of the asylum, and see that its design is carried into effect according to law, and its by-laws, rules and regulations. They shall, on application, receive destitute and orphan Indian. children from any of the several reservations located within this state, and shall furnish them such care, moral training, and education, and such instruction in husbandry, and the arts,of civ- flization as shall be prescribed by their by- - laws, rules and regulations. 20% £09 8. Keepin a book provided for that purpose, 1 JULY 21 shall be open sit all times to the inspection of the gover or, the state board of charities or any person appointed to examine the same by the governor, the state board. of charities, or either house of the legislature. 4. Mnintain an effective inspection of the asylmn, for which purpose iv committee of the board, consisting of nt least four members thereof, shall visit the asylum at least bi- monthly. and the wholo board at least twice a - year, and at such other times as may bepre- scribed by the by-laws. 3. Enter in a book kept by them for that purpose, the date of each visit, the condition of the asylum and the children therein, and its property, and all such\ managers present shall sign such entries. . . 6. Make, annually, on or before the fifteenth day of January, 4 report to the legislature of the condition of said asylum, including a true ceount, in detail, of the receipts and dis Eursemeuts of all moneys that shall come inte their hands, or under their control, the num her, age and sex of such destitute orphan ch dren in said asylum, with the name of the reg» il ervation to which they belong, and the pro: portion of the year each has been maintained | and instructed in said asylum, and such sug- gestions and recommendations as they may deem proper, or which may be. required of them by the state board of charities. , Sec. 103. Officers; salaries.-Such board shall appoint for the asylum, as often as necessary, and for cause, after an opportunity to be heard, remove: L 1. A superintendent, a matron; and. a well- educated physician, who shall bea graduate of an incorporated medical college. 2. A treasurer, who shall give a bond to the people of the 'state for the faithful perform- ance of his trust, with such sureties, and in such amount as the comptroller of the state # shall approve. 5 . - «i The suporintendent, matron, and other as gistants shall constantly reside in the asylum, or on the premises, and shall be designated the resident officers of the asylum. 'The phy» sician shall visit said asylum at such times, and perform such duties as shall be prescribed by the by-laws, rules and regulations of the asylum. | Such board shall also, from time. to time,. With the approval of the state board of charities, fix the annual salaries and. allow- ances of such officers. Such salaries shall be paid in equal monthly installments by the treasurer on the warrant of the board of man- ngers, countersigned by the superinténdent, thereof, and certified as correct. Sec. 164. Superintendent, powers and duties.\ -—Th9'superintendent shall be the chief execu: tivq officer of such asylum, 'and in his absence i or sickness, the matron shall perform the du- ties, and be subject to the responsibilities of the suporingendent. . Subject to the by-laws, H rules and regulations established by the board f of managers, such officer shall have the gen- eral superintendence of the buildings; grounds, and farm, together with their furnibure,..fx- tures and stock, and shall: || < ° . 1. Daily ascertain the condition af. all «the children and prescribe their conduct. i 2. Appoint, with the approval of the board 1 of managers, the other resident officers, assist- ants and employes not otherwise provided for, that he may think necessary for the econom- ical and efficient performance of the business of the asylum, and prescribe their duties, and he may discharge them at his discretion. 8. Cause full and fair accounts and records of all his doings, and of the entire business and operation of the. asylum to be kept regu- - larly, from day to day, in books provided 'for that puipose. . 4. See that all such accounts -and records are justly made up for the annual report to the legislagure, as required by this act, and pre- sent the samefto the board of managers, who shall incorporate them into their report to the legislature. f 5. Keep in a book, in which he shall cause to be entered, at the time of the reception of any child, his name, age, residence, and the names of his parents (if any), to what reservation and tribe he belongs, and the date\of such re- ception, and by whom brought, and the condi- tion of the general health of such child. Treasurer, powers and duties.-The treasurer shall have the'custody of all moneys, . obligations and securities belonging to the d - asylum. He shall: 20 1. Open with some good and solvent bank,, conveniently near the asylum, an account in' his name as such treasurer, and deposit all moneys, upon receiving the same, therein, and draw from the fame in the manner prescribed, 'by the by-laws, specifying the object of pay- ment. . , 2; Keep a full and accurate account of all receipts and payment in the manner directed by the by-laws, und such other accounts as the \board of mndnagers shall prescribe, render a gtatement to the board'of managers whenever required by. them. - ARTICLE XI LAWS REPEALED; WHEN TO TAKE EFFECT, Sec. 170. Laws repealed. ( 171. When to take effect. Sec. 170. Laws repealed.-Of the laws enu merated in the schedule hereto annexed, that portion specified in the last column is repealed, Sec. 171. When to take effect.-This chapter shall take effect on October first, eighteen hun- dred and ninety-six. v SCHEDULE OF LAWS REPEALED. Laws of- Chapter. \. Sections. All 1878..... 1879........... 1881......... 1890... . 1801....... 22. S1. 1801. .., csa ece ee 666 +++. 1891.2. . 26060026066 ea 2.0. sill... AM 1892. « Allj.excopt See. 5 1802... 260.6 ge kee 6000+ T4... .... 109......... 187....... B8... k 1895. eela rene ..} ... All - ..... Al 1805... ... ce. lea ee wed eva cess ces kee e All Srare or NEw York, . Office of the Secretary of State, E ss.: I have compared the preceding with the orig- inol,Jaw on file in this office, and do hereby cer- tify that the same is a correct transcript there- from and of the whole of said original law. JOHN PALMER, Secretary of State. LAWS OF NEW YORK-By Authority. [Every law, unless a different\ time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become a law. Section 48, article II, chapter 8, General Laws.] i CHAPTER 547. AN'ACT relating to real property, constitut ing chapter forty-six of the general. laws. Became a law May 12. 1896, with thél approve al of the Governor. - Passed, three-fifths being present. The People of the State of New York. repre- sented in Senate and Assembly, do enact as fol- lows: CHAPTER XLVI OF THE GENERAL LAWS. THE REAL PROPERTY LAW, , Article 1. Tenure of real property. (Secs. 1-0.) 2. Creation und division of estates. 20-50.) 8. Uses and trusts, (Sees. 10-98.) 4. Powers. (Sees. 110-108.) i 5. Dower. (Sees. 170-187.) . 6. Landlord and fenzmtr. (Sees. 190-202.) 7.)Conveyances and mortgages. ' (Secs. 205 234. 8. Recording instruments affecting real prop- erty. (Sees. 20-277.) 6 9. Descent of real property. (Sees. 280-206.) 10. Laws repealed; . when- to take effect. (Sees. 800-801.) . ARTICLRE Lo >_ ce TENURE OF REAL PROPERTY, (Secs. . Section 1. Short title; definitions; effect : he heir, deviseq, mortgagee, 0 gous y ree ment or otherwise. (,\ ;- 29 <u 0g . Sec. 8! Liinbilities of alien holders of rea property.-Every alien holding real\ property' in this state is subject to duties, assessments, taxes and burdens as if he were a citizen of the state. . *. wee (goo e. Sec. 9. Heirs of: patriotic Indian.-The heirs Indi unite whom real property was grant- ed for military services rendered during the war of the revolution may fake and hold such real property by descent as if. they were citi- zens of the state at the time of the death of R % 1 ,. their ancestors. A {conveyance of such real property: to a citizen of this state, executed, by such Indian or 'his heirs after March seyenth, eighteen hundred and nine, is valid; if execut- or state engineer and surveyor, indorsed there- upon. : ARTICLE H. Ld a -* CREATION AND DIVISON OF-ESTATES.. Section 20. Enumeration of estates. - * 1 213. Estate in fee simple and fee simple abso- ute. i ' j \ on. . a Dog 28. Freeholds; chattels real; chattel interests. 24, When'estate for life of third person is freehold; when chattel real. ' 25. Estates in possession and expectancy. 26. Enumeration of estates in expectancy. 27. Definition of future estates. - 28. Definition of remainder. 20. Definition of reversion. e ~80. When future estates are vested; when contingent. _ / 31. Power of appointment not to prevent vesting. ,/ oe L $2. Suspension of power of- alienation. . *~ 83. Limitation of successive estates for life. %4. Remainders on estates for life of third person. ' - - 85. When remainder to take effect if estate be for lives of more than two persons. R 36. Contingent remainder on term of years. 87. Estate for life as remainder on -term of years. . 88. Meaning of heirs and issue in certain re' mainders:. - 20> 89. Limitations of chattels.real. § 40. Creation of future and contingent estates. 41. Future:estates in the alternative. _- 42. Fubure estates valid though contingéncy improbable. 0 #10. 43. Conditional limitations. |: - 44. When: heirs of. life tenants take as pur chasers. ve hll 45. When remairider not limited on contin- gency defeating precedent takes effect. +- 46. Posthumous children. R 47. When expectant estates are defeated. 48. Effect on valid remainders of determing tion of precedent estate before contingency. 49. Qualities of.eXpectant estates. 50. Dispositiongat rents and profits. 51. Accumulations. ' 52. Anticipation of directed accumulation. 53. Undisposed of profits. 54. When expectant estates are deemed cre- ated. 2 © 65. Estates in severalty, joint tenancy and in common. ~ 56, When estate in cBmmon; when in joint tenancy. f Section 20. Enumeration of estates. -Estatet in real property are divided into estates of in- wheritance, estates for life, estates for years, estates at will, and by sufferance. Sec. 21. Estates in fee simple and fee simple absolute.-An estate of inheritance continue: to be termed a fee simple, or fee, and, when not defeasible or conditional, & fee simple ab: solute, or an absolute fee., -- * Bec. 22. Estates tail abolished; remainder: thereon.-Estates tail have been abolished; and every estate which would be adjudged a fee tail, according to the law of 'this state, as it existed before the twelfth day of July, seven- teen hundred and eighty-two, shall be deemed a fee simple; and if no valid remainder be lim- ited thereon, a fee simple absolute. Where a remainder in fee shall be limited on any es tate which would be a fee tail, according to < guch date, such remainder. shall be valid, as a\ contingent limitation on a fee, and: shall vest in possession on the death of the first.taker, without issue living at the time of such death. - Sec. 28. Frecholds; chattels real; chattel in- terests. -Estates 'of. inheritance. and for life, Eball continue & yer estates 2. Cnpggétgt « for ts are chattels real; and i \ ed with the approval of the surveyor-general [. 22. Estates tail abolished; remainders there- - if it happens, the law of this State, as it existed previous to | to be termed estates of freehold, | interests, but not Hable as such to sale on ex >> & is freehold, when chattel real.-An estate for the life of a third person, whether limited to- :- heirs or otherwise. shrll he deemed a freehold; % buly during the of the grantee or devigee; after his death it shall be deemed achattel real. > *; - Bec. 25. Estates in possession and expectancy., Estates, as respec re time of their enjoy: ment, are divided info estates in nossessic he property estate, in w ig c poned to a fubure time, is an estate in expect ancy. pone R - ySgc. 20, Emmxemtiofi of estates in expect- lancy.-All ' expectant except such as are enumerated and defined in this article, have been abolished. Estates in expectancy». are divided into: ; 1. Future estates; and R ' 2. Reversions. ; ; © Sues Sec. 27. Definition of future estates. -A'fu~ ture estate, is an ~ éstate limited to commence ;~: in possession at a future day, either | wifhon' the intervention of a precedent estate, or the determination, by lapse of time or:otherwise,> of a\precedent estate created;at the sametime. - Bec. 28. Definition, . remainder.-Where # fu- ture estate is dependent on a precedent estate it may be. termed a remainder, and, may be' created and transferred by that name. w, ~ Bee. 29. Definition, reversion. -A reversion is the residue of an estate left in the grantor '> lor his heirs, or in the heirs of a testator, com- . Imencifig in possession on the determination of a particular estate granted or devised. Sec. 30. When futuro estates 'are, vested; when: contingent. -A fubure estate is. either vested or contingent. \It is vested, when there is a. person in being, who would bave a mediate right to the possession of: the proper~ -~ ty, on the determination of all the infermedi+ : ate. or: precedent estates. Ib is continge vhile the person to.whom or, the- event on which it is limited. to take effect \remains un- ertain. - Chak > ; Sec. 31. Power. of appointment not. to pre- vent vesting.-The existence of an unexecuted. .. bower of appointment does mot prevent the . vesting of a future: estate, limited in:déefault: ° of the execution of the power, e 9 . See. 82. Suspension of power of alienation.- he absolute power of alienation is suspendeda when, there are no *persons in being by whom, lan absolute fee in possession can be conveyed Every future estate shall be- void in its brea tion, which shall suspend the absolute power lof alienation, by any limitation: or condition whatever, for a longer period than during the: continuance of not more | than two lives in be- ing at the creation of the estate: except that a. contingent. remainder in fee may be created on a prior remainder. in fee, to \fake effect in the event that the: persons to whom the first remainder is limited, die under tho age o twenty-one years, or on any other .contingenc by which the estate -of such; detetmined before: they attain the purposes. of this section: a deemed 'n part of a. lif term equal minority..~. , a - ' Sec. $8. Limitation of successi 1 life.-Buccessive estates for life shall, not het limited, except to persons in being ab the cre- ation thereof; and where /a remainder shall\ be'limited on more than. two successive estates ' Tor life, all the life estates subsequent to those: j of the two persons first entitle te void, and on the death of th remainder shall take effect, ner as if no other life estates had been created. Sec. 34. Remainders. on estates: for life, third persons. -A remainder 'shall not be ere atedon an estate for the life of any other pers. > son than the grantee or-devisee of such estate, '..: unless such remainder be in. fee; nor shall a remainder be created on such an estate in a terim of years, unless it be: for the whole resi~ <> due-of such term. (0 8 uu Ig 1 OMS to: take effect it: © persons; the * Bec. 85, 'When remainders t i estate be for lives of more than two person When a remainder is created 'on any such estate, and more than two' persons are named as the persons during whose lives 'the life 'est . tate shall continue, the remainder shall take , effect on - the /death of the tw \persons first amed, as if no other lives had been introduced. ec. 36. Contingent remainder on term of years. -A contingent. remainder shall not be created on a term of years, finless the nature ;- -~ 'of the ,contingency on which it is limited. be such fihgt‘fthe remainder must vest in interest, ~ _. during the continuance of 'not more than two. - lives in being at the creation of. such remain- der, or on the termination thereof. yal Sec. 87. Estate for'life as refiaihder on ternr -- -No estate fortlife shall be limited a remaindef:on a term of years, except to : person in being 'at the greation of such estate ' Bec. $8. Meaning: of- heirs and\ issue in cer-; tain remainders.-Where a remainder shall be/ limited to take effect on the death of any per-. jon without \heirs or heirs of, his. body,} or; out issue, the 'words \heirs\ or ''is shall be construed to méan heirs or issu -ing at.the death of the person' named cestor. : ¢ Bec. $9. Limitations of chattels regl. -All$h® provisions contained in this article, relative to future estates, apply to limitations of chat~ tels real, as well as of freehold estates, so that\ _. the absolute ownership of a term: of 'years; shall not be spspended for a: longer riod.. than the absolute power of alienation can be' suspended in-respect to a fee. ah id i Bec. 40; Creation of future and contingent estates.-Subjéct to the provisions of this ar ticle, a freehold estate as well, as a.chatfe real may be created to- commence at a future: day; an estate for life may be éreated in a term of years, and a remainder limited there on: a remainder of 'a freehold or chattelireal either contingent or vested, may be create expectant on the determination of a term.of} years:. and a fee or other less estate, limited on a fee, on a contingency w. should cccur, must happen within th prescribed in this article, __Sec. 41. Fubure estates Two or more futnre estates may be created ta' take effect in the alternative, so that if the! first in order fails to vest, the next in sucoés- \ sion shall be substituted for; it, and take effect . accordingly. Bec. 42. Future estate valid. though cqntinj gency improbable.-A future estate, otherwise valid, Shall not be void om the ground of the' improbability of the contingency on which it is limited to take effect. ‘ Vou 4 Sec: 43. Conditional limitations.-A - remain-. der may be. limited on a contingency, which will . operate to abridge, termineithe precedent estate;. and evetyfiéuch remainder shall be a conditional limitation Sec. 44. When «heirs of life tenant\ take purchasers.-Where a remainder shall be lim ited to the heirs, or heirs of 'the body, of person to whom a. life estate in the same is given, the persons who, on the ter-; ..' mination of the life estate, are the heirs, or heirs of the body, of such tenant for life, shall} take'as purchasers, by virtue of the remain- der so limited to them. - Sec. 45. When- not limited 'on con tingency defeating precedent estute, takes of feeb. -When a remainder on: an estate for life or for years is not limited on a contingency defeating or avoiding Such 'precedentastate, it shall be construgd. ss intended %o 'take Gf'q fect, only on the death of the first faker, org |. the expiration by. lapse of time of such term: Gf years. 20% fhe . fe 402 Sec. 46. Posthumous children.-Where a fu-}, | _. ture estate is limited to heirs, or issue, or chil-} \ 2 'dren, posthumous children shall be entitled to take in tho same\ manner as: if living at thei death of their parents: and a future estate. dependent on the contingency of - the death of I any person without heirs, or issue, or chil- dren, shall. be defeated by the birth of ;a thumous child of such persop, capable of tak-‘t‘ ing by descent. - Ql n hnd Pa gh Sec. 47. When expectant estates aro defeated.{; -An expectant estate 'can not be defeated or barred by any transfer -or other act of the owner'of the intermediate or precedent estate, nor by any destruction of such precedent , tate by disgeizin, forfeiture, surrender, ger or otherwise; but an expectant estate . 7 be defeated in 'any manner, or by any act « means which the party creating such est: in the creation thereof; has provided for authorized. An expectint estate thus liab to be defeated shall not, on that. ground, adjudged void in its creation: -~... .. : Sec. 48. Effect on valid remai When for life of- third persorm -: . hereto, shall ~; = he same man- ><; |
