and otherwise adopting the state's educational policies to the needs of this class of pupils. Reference should be made to the provisions of the Education Law, page 151.

Western New York Institution.

(L. 1876, ch. 331.)

§ 1. The Western New York Institution for Deaf Mutes, at Rochester, is hereby authorized to receive deaf and dumb persons between the ages of twelve and twenty-five years, eligible to appointment as state pupils, and who may be appointed to it by the superintendent of public instruction, and the superintendent of public instruction is authorized to make appointments to said institution in the same manner and upon the same conditions as to the New York Institution for the Instruction of the Deaf and Dumb.

§ 2. Supervisors of towns and wards and overseers of the poor are hereby authorized to send to the Western New York Institution for Deaf Mutes, deaf and dumb persons between the ages of six and twelve years, in the same manner and upon the same conditions as such persons may be sent to the New York Institution for the Instruction of the Deaf and Dumb, under the provisions of chapter three hundred and twenty-five of the laws of eighteen hundred and sixty-three.

Northern New York Institution.

(L. 1884, ch. 275.)

§ 1. The Northern New York Institution for Deaf Mutes at Malone, is hereby authorized to receive deaf and dumb persons, between the ages of twelve and twenty-five years, eligible to appointment as state pupils, and who may be appointed to it by the superintendent of public instruction, and the superintendent of public instruction is authorized to make appointments to the aforesaid institution.

§ 2. Supervisors of towns and wards and overseers of the poor are hereby authorized to send to the Northern New York Institution for Deaf Mutes, deaf and dumb persons between the ages of six and twelve years, under the provisions of chapter three hundred and twenty-five of the laws of eighteen hundred and sixtythree, as amended by chapter two hundred and thirteen of the laws of eighteen hundred and seventy-five. Provided that before any pupils are sent to said institution the board of state charities shall have made and filed with the superintendent of public instruction a certificate to the effect that said institution has been duly organized and is prepared for the reception and instruction of such pupils.

XII. COMMISSIONER OF CHARITIES, WESTCHESTER COUNTY. (L. 1916, ch. 242.)

§ 1. There is hereby created in and for Westchester county the office of commissioner of charities and corrections. The term of office shall be three years, and the salary shall be fixed by the board of supervisors.

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§ 2. Upon the taking of office of the commissioner elected in the year nineteen hundred and sixteen all the rights, powers, authority and jurisdiction now possessed by, and all the duties devolving upon the superintendent of the poor, the keeper of the almshouse or poorhouse, and all the duties of caring for and the management of the hospital connected with such almshouse, or of any general hospital to be constructed in the county of Westchester, and also the management and control of the Westchester county penitentiary and workhouse now under construction, shall devolve upon and be possessed, exercised and performed by such commissioner in person or by deputy; but all expenses of maintaining the institutions under the charge and care of the commissioner of charities and corrections, together with the expenses authorized by this act, shall be audited and paid as other county charges are paid. (Amended by L. 1917, ch. 6.)

§ 5. Commitments to institutions by overseers of the poor or by commissioners of charities of any city in Westchester county shall hereafter be limited to commitments to almshouses, and all such commitments shall be subject to the approval of the commissioner of charities and corrections, who shall commit to such institutions as to him may seem proper, subject to the general requirements for the commitment of children as now provided by law.

§ 6. The commissioner shall have the power to make such arrangements for the care of needy children as may be authorized by the board of supervisors, but no child chargeable to any town. or city in the county of Westchester shall be committed to any institution or placed in any home, nor shall any expense be incurred in behalf of the care of said child without first having obtained the approval of the supervisor, or overseer of the poor of the town, or to the commissioner of charities, or deputy or other deputized official of the city chargeable therewith as the case may be. The commissioner shall perform under such rules and regulations as the board of supervisors may adopt all the duties prescribed for local boards of child welfare as provided by the provisions of the general municipal law or any other law in so far as the same shall apply to the county of Westchester. (Amended by L. 1919, ch. 526; L. 1921, ch. 457.)

XIII. DEPARTMENT OF CHARITIES, ONEIDA COUNTY.

(L. 1921, ch. 646.)

§ 1. Creation of department of charities; chief executive officer. A department of charities is hereby created and established in the county of Oneida, of which the chief executive officer and department head shall be the superintendent of charities. Hereafter, such superintendent of charities shall be elected in such county at the general election in every third year, beginning in the year nineteen hundred and twenty-four. (Amended by L. 1922,

ch. 274.)

§3. Powers and duties. In addition to all powers and duties now conferred and imposed upon the superintendent of the poor by law, such superintendent of charities shall be vested with full and exclusive power to prepare the annual estimates and fix and determine, subject to the approval of the board of supervisors, the amount of moneys required to be expended by any county official, department, board, institution or commission, or other public body expending the public moneys of the county of Oneida for the relief of the poor, the gratuitous care of the sick, the protection of orphan children, or for other charitable purposes and uses. The superintendent of charities shall submit such estimates and determination to the board of supervisors of the county of Oneida in time to be included in the annual tax levy and appropriation act of the board of supervisors. The superintendent of charities shall also possess full and exclusive power to approve or disapprove commitments to, and discharges from, charitable institutions, made by any committing or discharging officer under authority of law, of all poor, sick, or infirm persons or orphan children, or the placing-out and care of children, who are to be supported and maintained, either wholly or in part, at the expense of the county or of a town or city thereof, and the superintendent of charities shall endorse his approval in writing upon any such commitment or discharge, before any such commitment or discharge shall become effective. When committing any child to a private institution or private home at public expense, or approving any such commitment, the superintendent of charities shall, when practicable, require that such child shall be committed to an institution or private home governed by persons of the same religious faith as the parents of such child. Whenever the superintendent of charities shall decide, after reasonable notice to such institution or private home and a hearing, that any such child, received and retained in such institution, is not a proper charge against the county or a town or city thereof, and written notice of such decision is given by him to such institution or private home, thereupon all right on the part of such institution or private home to receive compensation from the county for the further retention of such child shall cease. (Amended by L. 1922, ch. 274.)

XIV. MISCELLANEOUS.

Public Health Law.

(L. 1909, ch. 49.)

§ 313. Examination and quarantine of children admitted to institutions for orphan, destitute or vagrant children or juvenile delinquents. Every institution in this state, incorporated for the express purpose of receiving or caring for orphan, vagrant or destitute children or juvenile delinquents, except hospitals, shall have attached thereto a regular physician of its selection duly licensed under the laws of the state and in good professional standing, whose name and address shall be kept posted conspicuously within such institution near its main entrance. The words "juvenile delinquents" here used shall include all children whose commitment to an institution is authorized by the penal law. The officer of every such institution upon receiving a child therein, by commitment or otherwise, shall, before admitting it to contact with the other inmates, cause it to be examined by such physician, and a written certificate to be given by him, stating whether the child has diphtheria, scarlet fever, measles, whooping cough or any other contagious or infectious disease, especially of the eyes and skin, which might be communicated to other inmates and specifying the physical and mental condition of the child, the presence of any indication of hereditary or other constitutional disease, and any deformity or abnormal condition found upon the examination to exist. No child shall be so admitted until such certificate shall have been furnished, which shall be filed with the commitment or other papers on record in the case, by the officers of the institution, who shall, on receiving such child, place it in strict quarantine thereafter from the other inmates, until discharged from such quarantine by such physician, who shall thereupon indorse upon the certificate the length of quarantine and the date of discharge therefrom.

§ 314. Monthly examination of inmates and reports. Such physician shall at least once a month thoroughly examine and inspect the entire institution, and report in writing, in such form as may be approved by the state board of health, to the board of managers or directors of the institution, and to the local board of the district or place where the institution is situated, its condition, especially as to its plumbing, sinks, water-closets, urinals, privies, dormitories, the physical condition of the children, the existence of any contagious or infectious disease, particularly of the eyes or skin, their food, clothing and cleanliness, and whether the officers. of the institution have provided proper and sufficient nurses, orderlies, and other attendants of proper capacity to attend to such children, to secure to them due and proper care and attention as to their personal cleanliness and health, with such recommen

dations for the improvement thereof as he may deem proper. Such boards of health shall immediately investigate any complaint against the management of the institution or of the existence of anything therein dangerous to life or health, and, if proven to be well founded, shall cause the evil to be remedied without delay. § 315. Beds; ventilation. The beds in every dormitory in such institution shall be separated by a passageway of not less than two feet in width, and so arranged that under each the air shall freely circulate and there shall be adequate ventilation of each bed, and such dormitory shall be furnished with such means of ventilation. as the local board of health shall prescribe. In every dormitory six hundred cubic feet of air space shall be provided and allowed for each bed or occupant, and no more beds or occupants shall be permitted than are thus provided for, unless free and adequate means of ventilation exist approved by the local board of health, and a special permit in writing therefor be granted by such board, specifying the number of beds or cubic air space which shall, under special circumstances, be allowed, which permit shall be kept conspicuously posted in such dormitory. The physician of the institution shall immediately notify in writing the local board of health and the board of managers or directors of the institution of any violation of any provision of this section.

Penal Law.

(L. 1909, ch. 88.)

§ 1250-a. Enticing inmates from public institutions. Any person who shall entice away or assist to escape an inmate of any public charitable institution or custodial asylum or institution for the feeble-minded, idiots, epileptics or insane, or a reformatory or reform school, or knowing such person to be such inmate promises to provide a home for or to pay for the service of or to marry such inmate, or who shall keep or harbor any such inmate for the purposes above mentioned without the consent or approval of the board of managers of the institution in which such inmate was kept, shall be guilty of a misdemeanor. (Added by L. 1916, ch. 320.)

State Charities Law.

(L. 1909. ch. 57.)

$459. Labor of children not to be hired out. It shall be unlawful for the trustees or managers of any house of refuge, reformatory or other correctional institution, to contract, hire, or let by the day, week or month, or any longer period, the services or labor of any child or children under, now or hereafter committed to or inmates of such institution. (Former § 389, thus renumbered by L. 1909, ch. 258.)

NOTE. This section appears to be defective in that the age of child is not given after the word "under" in the fourth line. This defect has been continuous since 1909.

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