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business of such party; and it shall be the duty of such policeman immediately to report the fact; and the time and manner of such service to the magistrate (and enter in a book to be provided for that purpose and kept at the house of reception of the New York Juvenile Asylum the fact of having served such notice, the time and manner of such service, and the fact thus recorded shall in all cases be evidence of the proper service of such notice).

As amended by Laws of 1854, ch. 387.

CHAP. IV.

delivered

S 13. If the party to whom such notice shall have been Child when addressed, or any other person, shall, within the time therein up. specified, prove to the satisfaction of the magistrate issuing the same, that the circumstances of want and suffering, or other circumstances described in the eighteenth section of the aforesaid act, passed January 23d, 1833, under which such child shall have been found, have not been occasioned by the habitual neglect or misconduct of the parents or lawful guardian of such child, then it shall be the duty of such magistrate, by order in writing, addressed to the superintendent of the house of reception of this corporation, to direct such superintendent to deliver such child to the custody of the party named in such order, who shall thereupon be entitled to take such child from the said house of reception.

to be re

asylum.

$ 14. If such proof shall not be produced within the time When child above prescribed, it shall be the duty of the magistrate by moved to whom the child shall have been committed to the house of reception, to make and transmit to the superintendent thereof, a notice in writing to that effect, and thereupon the child named in such notice shall be removed from such house of reception to the asylum of this corporation.

arrest of

$15. If any child who has been previously arrested and Second delivered to the parent or guardian, as hereinbefore provided, child. shall again be found in either of the conditions described in the eighteenth section of the act aforesaid, the magistrate before whom such child is brought, upon proof thereof, may forth with make a final order for committing such child to the care and instruction of this corporation, without giving the notice provided for in section eleventh of this act.

to be dis

S 16. If at any time after a child shall have been committed Child when to the said New York juvenile asylum, as above provided for charged. in this act, it shall be made to appear to the satisfaction of the board of directors of the said asylum that such child was on insufficient cause, false or deficient testimony, or otherwisc wrongfully or improvidently so committed, the said board of directors shall, on the application of the parents, guardians, or other protector of such child, discharge the child from the said asylum and restore it to such parents, guardian or protector; and also, if after a child shall have been properly committed to the said New York juvenile asylum, by virtue and in pursuance of the provisions of this act, any circumstances should occur, that in the judgment of the board of

PART IV.

Children unfit for

asylum to

directors of the said asylum would render expedient and proper a discharge of such child from the said asylum, having a due regard to the welfare of the child, and the purposes of the asylum, the said board of directors on the application of the parents, guardian or protector of such child, may, in their discretion, discharge the child from the said asylum and restore it to its parents, guardian or protector, on such reasonable conditions as the said board of directors may deem right and proper.

S17. The said corporation shall have power, and it shall be their duty, whenever any child entrusted or committed to be returned. their charge, shall, by the commission of any infamous crime, or by confirmed habits of vagrancy, have become so degraded and debased as to be an improper subject for their care and management, to return such child to the committing magistrate, or other proper authorities, to be disposed of in due course of law.

Binding out child

ren.

Indonture

not to be assigned.

Child may be reclaim

S 18. The said corporation shall have power, in its discretion, to bind out or indenture, as clerks or apprentices, to some profession, trade, or employment, the children entrusted or committed to its charge; and for a shorter or longer period, not exceeding, however, in the case of girls, the age of eighteen years; and, in that of boys, the age of twenty-one years.

$ 19. No person receiving an apprentice under the provisions of this act, shall be at liberty to assign or transfer the indenture of apprenticeship, or to let out or hire for any period the services of such apprentice, without the consent in writing of the directors of this corporation. In case the master of such apprentice shall be dissatisfied with his or her conduct or behavior, or for any other cause, may desire to be relieved from said contract upon application, the said directors may, in their discretion cancel the said indenture of apprenticeship; and resume the charge and management of the child so apprenticed, and shall have the same power and authority in regard to it, as before the said indenture was made.

$20. If any master shall be guilty of any cruelty, mised for cruel usage, refusal or neglect to furnish necessary provisions or treatment. clothing, or any other violation of the terms of indenture

or contract towards any such child so bound to service, such child may make complaint thereof to the board of directors of this corporation, or to two justices of the peace of the county in which such child is so bound to service, or to the mayor, recorder or aldermen of any city in which such child is bound to service, or to any two of them who shall summon the parties before them, and examine into, hear and determine the said complaint; and if upon such examination the said complaint shall appear well founded, they shall by certificate under their hands, discharge such child from his obligation of service, and restore him or her to the charge and management

of this corporation in the same manner, and with like powers as before the indenture of such child.

CHAP. IV.

against

prentices

up trade.

S 21. No person shall accept from any journeyman or ap- Prohibition prentice, indentured as aforesaid, any contract or agreement, binding ap nor cause him or her to be bound by oath or otherwise during not to sit his or her term of service, that such journeyman or apprentice shall not set up his or her trade, profession or employment in any particular place, shop or cellar; nor shall any person exact from any journeyman or apprentice, after his or her term of service is expired, any money or other thing for using or exercising his or her trade, profession or employment in any place.

contrary to

section

S22. Every security given contrary to the provisions con- Security tained in the last preceding section of this act, shall be void, foregoing and any money paid or valuable thing delivered for the con- v sideration, in part or in whole, of any such agreement or exaction, may be recovered back with interest, by the person paying the same; and every person accepting such agreement, causing such obligations to be entered into, or exacting money or other thing as aforesaid, shall forfeit one hundred dollars to the apprentice or journeyman from whom the same shall have been received.

of master

may be

clared

of children.

$ 23. Upon the death of any master to whom any child Upon death may have been bound to service, under the provisions of this indenture act, the executors or administrators of such master may, with assigned. the consent of the child so bound to service, signified in writing, acknowledged and approved by the board of directors of this corporation, assign the indenture or contract of such service to some other person, which assignment shall transfer to and vest in such assignee all the rights of the original master, and also make him subject to all his obligations. S24. The board of directors of this corporation shall be the Board deguardians of every child, bound or held, for service, by virtue guardians and in pursuance of the provisions of this act. They shall take care that the terms of the contract be faithfully fulfilled, and that such person be properly treated; and it is hereby made their special duty to inquire into the treatment of every such child, and redress any grievance in manner prescribed by law. And it shall be the duty of the master or his assignee, to whom any such child shall be bound to service, and he shall, by the terms of the indenture, be required, as often as once in every six months, to report to the said board of directors, the conduct and behavior of the said apprentice or child so bound to service, and whether such apprentice is still living under the care of the person to whom he was originally bound, and if not, where else he may be.

the legis

$25. The board of directors of the said corporation shall, Report to on or before the fourth Monday of January, in each and lature. every year, make a detailed report to the legislature of the state and to the common council of the city of New York of the whole number of children received into the asylum during

PART IV.

Common

council to visit asy

the year, specifying their sex, place of nativity, age, residence, health at the time of admission, state of education, religious instruction, whether their parents are living or dead, temperate or intemperate, the time devoted to instruction, the nature and amount of punishment, the cases of disease, the number apprenticed or who shall have escaped, died, or been restored to parents or guardians or returned to the committing magistrate during the year, and also such information as they may have received of those who have been bound out or apprenticed, as well as the facts generally in relation to the performance of their duties, also their industrial occupations, with their results, the receipts and expenditures and financial condition of the corporation and its general operations, with their results.

As amended by Laws of 1854, ch. 387.

S26. It shall be the duty of the common council of the city of New York, by committee or otherwise in its discretion, to lum twice visit and inspect the said New York juvenile asylum twice at least in each year.

a year.

Pecuniary means for support of provided.

$27. To provide the pecuniary means for the establishment and support of the said New York juvenile asylum, asylum how whenever it shall be proved to the board of supervisors of the city and county of New York, by the affidavit or affirmation of the president and secretary of the said asylum, that fifty thousand dollars in money or approved securities, have by voluntary subscription or otherwise, been raised for the purposes of such asylum, and deposited to the credit of that corporation in one of the incorporated banks of the city of New York, or of the banks formed under the general banking law, the said board of supervisors may, in their discretion, raise and collect a like amount of fifty thousand dollars by tax upon the real and personal property of the said city and county, to be so levied and collected at the same time and in the same manner as the contingent charges and expenses of the said city and county are levied and collected. Such moneys so raised by this corporation, and the said board of supervisors, to be together expended by said corporation in procuring the necessary buildings, sites and lands, in erecting and furnishing the necessary buildings, and in defraying the current expenses of the said asylum, until its permanent buildings shall be completed.

Children

to immi

grant fund.

[For § 28 see Laws of 1858, ch. 43.]

S 29. Whenever any child properly chargeable upon the chargeable fund placed by law at the disposal of the commissioners of emigration, shall agreeably to the provisions of this act, be received, supported and instructed in the said New York juvenile asylum, the said corporation shall be entitled to receive therefor from that fund sixty dollars per annum, and proportionally for any fraction of a year, for every such child so received, supported and instructed in said asylum; but in no case shall the sum so received exceed the lowest expense

to the city and county of New York, of a child of the same age in any of the public institutions under the charge of the ten governors of the alms house and prison department of the said city and county.

As amended by Laws of 1854, ch. 387.

CHAP. IV.

share in

$30. The schools established and maintained by the New Schools to York juvenile asylum, shall participate in the distribution of common the common school fund in the same manner and degree as the common schools of the city and county of New York.

CHAP. 387.

AN ACT to amend the "act to authorize the establishment of a house of refuge for juvenile delinquents in western New York," passed May eighth, eighteen hundred and forty-six.

PASSED April 16, 1852.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

school fund.

section re

S1. So much of the sixteenth section of the act hereby Part of 16th amended as provides for the raising, collection, and payment pealed. to the treasurer of the said house of refuge of fifty cents per week for the support, maintenance and care of persons sentenced to confinement therein, shall be and is hereby repealed.

courts of

$ 2. It shall be the duty of the courts of criminal juris- Duty of diction in the several counties which now are, or shall be criminal jurisdiction hereafter designated as the counties from which juvenile delinquents are to be sent to the said house of refuge, to ascertain by such proof as may be in their power, the age of every delinquent, by them respectively sentenced to the said house of refuge, and to 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.

court omits

delinquent.

age of any

S3. In cases where any such court shall omit to insert in In case the the order of commitment the age of any delinquent committed to insert the to the said house of refuge, the managers shall, as soon as may be after such delinquent 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 the purpose. And the age of such delinquent thus ascertained shall be deemed and taken to be the true age of such delinquent.

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