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IV. ORTHOPEDIC HOSPITAL FOR CHILDREN.

State Charities Law.

(L. 1909, ch. 57.)

§ 130. Establishment of the New York state orthopedic hospital for children. The state hospital, known as the New York state orthopedic hospital for children, established at West Haverstraw, is hereby continued for the care and treatment of any indigent children who may have resided in the state of New York for a period of not less than one year, who are crippled or deformed or are suffering from disease from which they are likely to become crippled or deformed. No patient suffering from an incurable disease shall be admitted to said hospital. Said hospital shall provide for and permit the freedom of religious worship of said inmates to the extent and in the manner required in other institutions, by section twenty of the prison law. (Thus amended by L. 1909, ch. 149; L. 1909, ch. 240, § 72, and L. 1923, ch. 367.)

V. INSTITUTIONS FOR JUVENILE DELINQUENTS.

State Charities Law.

(L. 1909, ch. 57.)

ARTICLE II.

Section 180. State agricultural and industrial school at Industry; managers. 181. Managers of house of refuge for juvenile delinquents in New

York City.

182. Powers and duties of managers.

183. Superintendent.

184. Commitment of children.

185. Register.

186. Disorderly children.

187. Arrest and conviction.

188. Commitment of disorderly children.

189. Discharge on habeas corpus; immaterial errors.

190. Removal of children.

191. Discipline and control of inmates.

192. Military drill.

193. School ship.

194. Officers of ship.

195. Transfers to ship.

196. Effects of alcoholic drinks and narcotics to be taught.

197. Transfer of inmates to penitentiary or Elmira reformatory.

198. Confinement of juvenile delinquents under sentences by the courts of the United States.

199. New York state training school for girls.

200. Appointment of managers.

201. General powers and duties of managers.

202. General powers of superintendent.

203. Oaths and bonds.

204. Commitments; papers furnished by committing magistrates.

205. Return of females improperly committed.

206. Disposition of children of females so committed.

207. Children may be bound out.

Section 208. Conveyance of females committed.

209. Detentions and rearrests in cases of escape.

210. Employment of inmates.

211. Clothing and money to be furnished discharged inmates.
212. Freedom of worship.

213. Confinement of female juvenile delinquents under sentences by
the courts of the United States.

214. Effect of article.

§ 180. State Agricultural and Industrial School at Industry; managers. The State Agricultural and Industrial School, at Industry, is hereby continued for the reception of all male children, over the age of twelve years and under the age of sixteen years, who shall be legally committed to such school. Such school shall be under the control and management of a board of fifteen. managers appointed in accordance with the provisions of section fifty-one of this chapter. (Amended by L. 1910, ch. 449; L. 1915, ch. 121, and L. 1918, ch. 388.)

§ 181. 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 chapter. In addition to the governor, comptroller and attorney-general, ex-officio managers, there shall be twenty-one 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 seven managers of such society. If a vacancy shall occur in the office of any manager, the board of managers may appoint a person to fill the vacancy for the remainder of the unexpired term.

§ 182. Powers and duties of managers. The managers of such house of refuge, established by the society for the reformation of juvenile delinquents, in the city of New York, and of such state agricultural and industrial school, at Industry, shall have the general control of such institutions and shall make all such rules, regulations, ordinances and by-laws for the government, discipline, employment, management and disposition of the officers thereof, and of the children while in such institution or in the care of such managers, as to them may appear just and proper. They shall appoint a superintendent and such other officers as they may deem necessary for the conduct and welfare of the institution under their charge. They shall report in detail annually to the legislature, on or before the fifteenth day of January, the number of children received by them into the institution, the disposition

thereof, their receipts and expenditures, their proceedings during the preceding year, and all other matters which they deem advisable to be brought to the attention of the legislature. (Amended by L. 1910, ch. 449.)

§ 183. Superintendent. The superintendent so appointed shall be the chief executive officer of such school, or house of refuge, and subject to the by-laws, rules and regulations thereof and the powers of the board of managers, shall have control of the internal affairs and shall maintain discipline therein and enforce a compliance with, and obedience to, all rules, by-laws, regulations and ordinances adopted by such board for the government, discipline and management of such school or house of refuge. Under direction of such managers, he shall receive and take into such institution all children legally committed thereto by any court having authority to make such commitment.

§ 184. Commitment of children. Subject to the provisions of section one hundred and eighty as to the minimum age of children committed to the State Agricultural and Industrial School at Industry, male children under the age of sixteen years may be committed from the rural counties of this state to the State Agricultural and Industrial School, at Industry, 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. The courts 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 delinquents 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. (Amended by L. 1910, ch. 449 and L. 1918, ch. 388.)

§ 185. Register. Upon the commitment of a delinquent to such agricultural and 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.

§ 186. Disorderly children. All male children under the age of sixteen in the several counties which now are or hereafter shall be designated by law as the counties from which juvenile delinquents shall be sent to the house of refuge in the city of New York,

deserting their homes without good and sufficient cause, or keeping company with dissolute or vicious persons against the lawful commands of their fathers, mothers, guardians or other persons standing in the place of a parent, shall be deemed disorderly children.

§ 187. Arrest and conviction. Upon complaint made on oath to any police magistrate or justice of the peace against any child within his county, under the age of sixteen, by his parent or guardian, or other person standing to him in place of a parent, as being disorderly, such magistrate or justice shall issue his warrant for the apprehension of the offender, and cause him to be brought before himself or any other police magistrate or justice of the said county for examination.

§ 188. Commitment of disorderly children. If such magistrate or justice be satisfied by competent testimony that such person is a disorderly child within the description aforesaid, he shall make up and sign a record of conviction thereof, and shall by warrant under his hand commit such person to the house of refuge established by the managers of the society for the reformation of juvenile delinquents in the city of New York, and the powers and duties of the said managers in relation to the said children shall be the same in all things as are prescribed as to other juvenile delinquents received by them; provided, however, that any person committed under this section shall have the same right of appeal now secured by law to persons convicted of criminal offense; but on any such appeal mere informality in the issuing of any warrant shall not be held to be sufficient cause for granting a discharge.

§ 189. Discharge on habeas corpus; immaterial errors. No person convicted of vagrancy or of any criminal offense, and committed to or confined in the house of refuge established by the said society in the city of New York, shall be discharged by habeas corpus or certiorari from such confinement, on the ground that no certificate of such conviction has been filed, or on the ground of any variance, misdescription, misnomer or any defects or imperfections in matter of form contained in the record, process, entries, judgment, order of commitment, returns or other proceedings under or in pursuance of which such commitment was made; provided that such certificate be filed or such variance, misdescription, misnomer or defect, or imperfection in matter of form be corrected by order of the court before which such writ of habeas corpus or certiorari is returnable.

§ 190. Removal of children. If any child now in the house of refuge, or who may hereafter be committed to it, is a cripple, or is deaf, blind, epileptic or imbecile, or becomes so while an inmate of the house of refuge, or if the health of any such child is or shall become impaired so that, in the judgment of the managers, such child is an improper subject for retention in the house of refuge, the managers may, in their discretion, notify the parent or guardian of the condition of such child and request the parent or

guardian to remove such child from the institution.

If the parent

or guardian so notified fails to remove such child within fifteen days after the notice is given, or if there should be no such parent or guardian known to the managers, then the superintendent of the poor of the county whence such child was committed shall, on a written request of the managers, remove such child without delay, at the expense of the said county.

§ 191. Discipline and control of inmates. The managers of the state agricultural and industrial school, at Industry, shall receive and detain, during minority, every male delinquent committed thereto in pursuance of law. 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. No female shall be committed to or received at either the said state agricultural and 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. (Amended by L. 1923, ch. 306.)

§ 192. Military drill. The superintendent of the state agricultural and 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.

§ 193. School ship. The managers of the society for the reformation of juvenile delinquents are hereby authorized to establish a school ship for the purpose of instructing the boys in their charge in navigation and the duties of seamanship, and for that purpose they are authorized to purchase and hold any vessel or vessels, and to navigate the same into and upon any of the ports and waters of the state.

§ 194. Officers of ship. The said society may employ such superintendents and officers for the government and instruction of the boys, and from time to time make such rules and regulations for the government of the school ship, as they may deem expedient.

§ 195. Transfer to ship. The said society shall have the control of the school ship and other vessels procured for the institution, and may transfer from the house of refuge on board of said ship or vessels such boys under their charge as they may elect, and shall

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