Criminal Code. (L. 1881, ch. 442.) § 217. Witness under sixteen. Children under the age of sixteen years, when witnesses, may be committed as provided by sections four hundred and eighty-six and four hundred and eightyseven of the penal law subject to the order of the trial court. (Amended by L. 1909, ch 66.) NOTE. See pages 266, 269 and 275 for sections 486 and 487 of Penal Law. § 392. Rules of evidence in civil cases applicable in criminal cases, except where otherwise provided in this Code. The rules of evidence in civil cases are applicable also to criminal cases, except as otherwise provided in this Code. Whenever in any criminal proceedings a child actually or apparently under the age of twelve years offered as a witness does not in the opinion of the court or magistrate understand the nature of an oath, the evidence of such child may be received though not given under oath if, in the opinion of the court or magistrate such child is possessed of sufficient intelligence to justify the reception of the evidence. But no person shall be held or convicted of an offense upon such testimony unsupported by other evidence. (Amended by L. 1892, ch. 279.) Civil Practice Act. (L. 1920, ch. 925.) § 365. Court may examine witness before swearing. The court or officer may examine an infant or a person apparently of weak intellect produced before it or him, as a witness, to ascertain his capacity and the extent of his knowledge; and may inquire of a person produced as a witness what peculiar ceremonies in swearing he deems most obligatory. $334. Proof of age of child. Whenever in any proceeding or trial it becomes necessary to determine the age of a child, such child may be produced and exhibited to enable the court or jury to determine its age by a personal inspection; and such court may direct an examination by one or more physicians, whose opinion shall also be competent evidence upon the question of such age. § 830. Discharge of idiot, lunatic, or infant under fourteen, if arrested. A lunatic, an idiot, or an infant under the age of fourteen years, if arrested, may be discharged from arrest as a privileged person, in the discretion of the court or judge. The application for his discharge may be made in his behalf by a relative or by any other person whom the court or judge permits to represent him, for the purpose. NOTE, Section applies to civil arrests. Civil Rights Law. (L. 1909, ch. 14.) § 16. Recovery of damages caused by the illegal sale of intoxicating liquor. Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages. In case of the death of either party, the action or right of action given by this section shall survive to or against his or her executor or administrator, and the amount so recovered by either wife or child shall be his or her sole and separate property. Such action may be brought in any court of competent jurisdiction. In any case where parents shall be entitled to such damages, either the father or mother may sue alone therefor, but recovery by one of such parties shall be a bar to suit brought by the other. (Added by L. 1921, ch. 157.) Prison Law. (L. 1909, ch. 47.) § 20. Freedom of worship. All persons who may have been or may hereafter be committed to or taken charge of by any of the institutions mentioned in this section, are hereby declared to be and entitled to the free exercise and enjoyment of religious profession and worship, without discrimination or preference. This section shall be deemed to apply to every incorporated or unincorporated society for the reformation of its inmates, as well as houses of refuge, penitentiaries, protectories, reformatories or other penal institutions, continuing to receive for its use, either public moneys, or a per capita sum from any municipality for the support of inmates. The rules and regulations established for the government of the institutions mentioned in this section shall recognize the right of the inmates to the free exercise of their religious belief, and to worship God according to the dictates of their consciences, in accordance with the provisions of the constitution; and shall allow religious services on Sunday and for private ministration to the inmates in such manner as may best carry into effect the spirit and intent of this section and be consistent with the proper discipline and management of the institution; and the inmates of such institutions shall be allowed such religious services and spiritual advice and spiritual ministration from some recognized clergyman of the denomination or church which said inmates may respectively perfer or to which they may have belonged prior to their being confined in such institutions; but if any of such inmates shall be minors under the age of sixteen years, then such services, advice and spiritual ministration shall be allowed in accordance with the methods and rites of the particular denomination or church which the parents or guardians of such minors may select; such services to be had and such advice and ministration to be given within the buildings or grounds where the inmates are required by law to be confined, in such manner and at such hours as will be in harmony, as aforesaid, with the discipline and the rules and regulations of the institution and secure to such inmates free exercise of their religious beliefs in accordance with the provisions of this section. In case of a violation of any of the provisions of this section any person feeling himself aggrieved thereby may institute proceedings in the supreme court of the district where such institution is situated, which is hereby authorized and empowered to enforce the provisions of this section. NOTE. Section 2073 of Penal Law makes it a misdemeanor to compel any person to adopt, practice or profess a particular form of religious belief. Banking Law. (L. 1914, ch. 369.) § 279. Subd. 2. The principal or superintendent of any school in the state of New York or any person designated for that purpose by the board of education or other school authority under which such school shall be, or the superintendent or other designated head of any philanthropic agency incorporated for philanthropic purposes, if such agency be so authorized by certificate of the superintendent of banks, may collect from time to time small amounts of savings from the pupils of said school, or from the children or persons under the direction or guidance of such philanthropic agency, and deposit the same on the day of collection in some savings bank in the state, or in villages and cities in which there is no regularly established savings bank, in any savings and loan association, trust company, state or national bank located in the state and having an interest department, and upon the subsequent establishment of a savings bank in such village or city the deposit of such moneys or the continuance of deposits in any savings and loan association, trust company, state or national bank previously used as a depositary of school savings shall not be deemed in violation of the provisions of this section. The money so collected shall be placed to the credit of the respective pupils, children or persons from whom the money shall be collected, or if the amount collected at any one time shall be deemed insufficient for the opening of individual accounts, it shall be deposited in the name of said principal, superintendent or head of such philanthropic agency or designated person, in trust to be by him eventually transferred to the credit of the respective pupils, children or persons to whom the same belongs. In the meantime, said principal, superintendent or head of such philanthropic agency or designated person shall furnish to the bank a list giving the names, signatures, addresses, ages, places of birth, parents' names and such other data concerning the respective pupils, children or persons as the savings bank may require, and it shall be lawful to use the words "system of school savings banks" or "school savings banks" or "thrift funds" in circulars, reports and other printed or written matter used in connection with the purposes of this section. Any banking institution authorized to receive such deposit, on the request of the principal or superintendent of such school or of any person authorized by this section to collect such amounts from pupils or children, may send a collector to such schools or philanthropic agency to receive and receipt for same. (As amended by L. 1923, ch. 22.) Insurance Law. (L. 1909, ch. 33.) § 55. Insurance without the consent of the insured prohibited. No policy of insurance shall be issued upon any property except upon the application and in the name of some person having an interest in the property. shall be issued upon the life or health of another or against loss No policy or agreement for insurance by disablement by accident except upon the application of the person insured; but a wife may take a policy of insurance upon the life or health of her husband or against loss by his disablement by accident; an employer may take out a policy of insurance covering his employees collectively for the benefit of such as may suffer loss from injury, death or disablement resulting from sickness, and a person liable for the support of a child may take a policy of insurance thereon, the amount payable under which may be made to increase with advancing age and which, as to the ages specified in the following table, shall not exceed the sums specified, the ages wherein specified being the age at time of death. Under the age of one year, twenty dollars. Between the ages of one and two years, fifty dollars. Between the ages of two and three years, seventy-five dollars. Between the ages of three and four years, one hundred dollars. Between the ages of four and five years, one hundred and thirty dollars. Between the ages of five and six years, one hundred and sixty dollars. Between the ages of six and seven years, two hundred dollars. Between the ages of seven and eight years, two hundred and fifty dollars. Between the ages of eight and nine years, three hundred and twenty dollars. Between the ages of nine and ten years, four hundred dollars. Between the ages of ten and eleven years, five hundred dollars. Between the ages of eleven and twelve years, six hundred dollars. Between the ages of twelve and thirteen years, seven hundred dollars. Between the ages of thirteen and fourteen years, eight hundred dollars. Between the ages of fourteen years and fourteen years and six months, nine hundred dollars. In respect of insurance heretofore or hereafter, by any person not of the full age of twenty-one years but of the age, as determined by the nearest birthday, of not less than fifteen years, effected upon the life of such minor, for the benefit of such minor or for the benefit of the father, mother, husband, wife, brother or sister of such minor, the assured shall not, by reason only of such minority, be deemed incompetent to contract for such insurance or for the surrender of such insurance, or to give a valid discharge for any benefit accruing or for money payable under the contract. (Amended by L. 1923, ch. 33.) NOTE. V. FAMILY COURT, NEW YORK CITY. New York Inferior Criminal Courts Act. (L. 1910, ch. 659.) 66 By L. 1921, ch. 250, § 1, the name domestic relations court" was changed to "family court.") § 74. Domestic relations court. a. On or after the first day of July, nineteen hundred and nineteen, there shall be held every day in the year, except Sundays and holidays, in the boroughs of Manhattan, the Bronx and Brooklyn, respectively, and in the other boroughs of the city when the board of city magistrates so directs, a city magistrates' court which shall be designated the domestic relations court, to which shall be taken or transferred for arraignment, examination or trial, or to which shall be summoned, all persons described as disorderly in subdivision one of section eight hundred and ninety-nine of the code of criminal procedure, all persons compelled by law to support poor relatives, as provided by title eight of part six of the code of criminal procedure and all persons charged with abandonment or nonsupport of wives, children or poor relatives under any provision of law, conferring upon magistrates summary jurisdiction or authority to hold for trial in another court. The domestic relations court shall have the sole and exclusive jurisdiction to initiate, investigate, try, hear and determine all proceedings and charges against any such persons alleged to be disorderly persons under this section. The following persons are declared to be disorderly persons: Every person in the city of New York who Actually abandons his wife or children without adequate support; or or Leaves them in danger of becoming a burden upon the public; Who neglects to provide for them according to his means or who threatens to leave his wife or children without adequate support, or in danger of becoming a burden upon the public; or |