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State Charities Law (L. 1896, ch. 546), § 131, 132, 132a.

§ 131. Establishing New York state training school for girls. -The house of refuge for women at Hudson, with its board of managers and its officers and employes, is hereby continued as a reformatory institution under the name and title of the New York state training school for girls," for the reception of all girls not over the age of sixteen years, who shall be legally committed thereto or placed in charge of such institution as vagrants or on conviction of any criminal offense by any court having authority to make such commitments or to place such girls therein. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

$132. Appointment of managers. Such institution shall be under the control of its present board of managers, until others are appointed. Such board shall consist of six managers to be appointed by the governor, by and with the advice and consent of the senate. All such managers shall be residents of the state, two shall be women and one a physician who has practiced his profession for ten years. The terms of the managers hereafter appointed shall be six years, except that the managers appointed to fill vacancies shall hold office for the unexpired terms of the managers whom they succeed. The term of office of one of such managers shall expire each year. Where the term of office of a manager of such institution expires at a time other than the last day of December in any year, the term of office of his successor is abridged so as to expire on the last day of December, preceding the time when such term would otherwise expire, and the term of office of each manager thereafter appointed shall begin on the first day of January. The governor may remove any manager, at any time, for cause, on giving to such manager a copy of the charges against him and an opportunity to be heard in his defense. Such managers shall receive no compensation for their time or services; but the actual expenses necessarily incurred by them in the performance of their official duties shall be paid in the same manner as other expenses of such institution. Nothing contained in this section shall abridge the term of any manager now in office. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

$132-a. General powers and duties of managers. The board of managers shall have the general superintendence, management and, control of the institution over which it is appointed;

State Charities Law (L. 1896, ch. 546), § 133.

of the grounds and buildings, officers and employes thereof; of the inmates therein, and of all matters relating to the government, discipline, contracts and fiscal concerns thereof, and may make such rules and regulations as may seem to them necessary for carrying out the purposes of such institution. The board of managers of such institution shall appoint from among its members a president, secretary, and treasurer, who shall hold office for such length of time as such board may determine. They shall appoint a female superintendent, who shall hold office during the pleasure of the board. The board of managers shall fix the compensation of the officers and employes of the institution. The managers of such institution shall cause the females 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 females to be subjected to such discipline, as in the opinion of such board, is most likely to effect their reformation. The managers of such institution, with the consent of any female committed thereto, may bind out as an apprentice or servant, such female during the time they would be entitled to retain her, to such persons and at such places to learn such trade and employment as in their judgment will be for the future benefit and advantage of such female. (Added by L. 1904, ch. 453, in effect June 1, 1901.)

§ 133. General powers of superintendent. The superintendent of such institution shall, subject to the direction and control of the board of managers thereof:

1. Have the general supervision and control of the grounds and buildings of the institution, the subordinate officers and employes and the inmates thereof, and of all matters related to their government and discipline.

2. Make such rules, regulations and orders, not inconsistent with law or with the rules, regulations or directions of the board of managers, as may seem to her proper or necessary for the government of such institution and its officers and employes; and for the employment, discipline and education of the inmates thereof.

3. Exercise such other powers and perform such other duties as the board of managers shall prescribe.

Such superintendent shall also have power to appoint and re

State Charities Law (L. 1896, ch. 546), §§ 134, 135.

move all subordinate female officers and employes, subject to the approval of the board. Under the direction of such managers, she shall receive and take into such institution all females legally committed thereto by any court or magistrate having authority to make such commitment. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

$134. Oaths and bonds. Each manager and superintendent of such institution shall take the constitutional oath of office and the superintendent shall execute a bond to the people of this state in the sum of five thousand dollars with sureties approved by the state comptroller, which shall be filed in the office of the comptroller. The manager appointed as treasurer of such institution shall give a bond in such amount as the comptroller may direct. The comptroller may require other officers of such institution to give a bond if in his opinion the interests of the state demand it. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

$ 135. Commitments; papers furnished by committing magistrates.

Subdivision 1. Whenever any female not over the age of sixteen years, shall be brought before any court or committing magistrate, and it shall appear to the satisfaction of such court or magistrate by the confession of such female, or by competent testimony, that such female frequents reputed houses of prostitution or assignation, or frequents the company of thieves or prostitutes, or is found associating with vicious and dissolute persons, or is wilfully disobedient to parent or guardian, and is in danger of becoming morally depraved; or is of intemperate habits, or is a vagrant or is guilty of any criminal offense, and who is not insane, nor mentally or physically incapable of being substantially benefited by the training and discipline of such institution, she may be sentenced and committed to the New York state training school for girls, or placed in charge of the board of managers thereof to be there confined under the provisions of law relating to such institution, but no person under the age of twelve years shall be committed to such institution for any crime or offense less than a felony, and no commitment made under this act which shall recite the facts upon which it is based, shall be deemed or held to be invalid by reason of any imperfection or defect in form. No person shall be committed to such institution nor

State Charities Law (L. 1896, ch. 546), § 135.

placed in charge of the board of managers thereof for a definite term, but any such person may be paroled or discharged at any time after her commitment, by the board of managers of such institution. Any such female under the age of fifteen years when so committed or placed in charge of the board of managers of said school, shall not be retained therein, or in charge of such board of managers, for a longer period than until she becomes of the age of eighteen; and such females, fifteen years of age or over, when so committed, shall not be detained for a period longer than three years from the time of such commitment.

2. The board of managers of such institution shall furnish the several county clerks of the state with suitable blanks for the commitment of females thereto. Such county clerks shall immediately notify the magistrates of their respective counties of the reception of such blanks and that upon application they will be furnished to them.

3. The magistrate committing a female, pursuant to this section, shall immediately notify the superintendent of the institution to which the commitment is made of the conviction of such female, and shall cause a record to be kept of the name, age, birthplace, occupation, previous commitments, if any, and for what offenses; the last place of residence of such female, and the particulars of the offense for which she is committed. copy of such record shall be transmitted, with the warrant of commitment, to the superintendent of such institution, who shall cause the facts stated therein, and such other facts as may be directed by the board of managers, to be entered in a book of record.

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4. Such magistrate shall, before committing any such female, inquire into and determine the age of such female at the time. of commitment, and her age as so determined shall be stated in the warrant. The statement of the age of such female in such warrant shall be conclusive evidence as to such age, in any action to recover damages for her detention or imprisonment under such warrant, and shall be presumptive evidence thereof in any other inquiry, action or proceeding relating to such detention or imprisonment. If the court or magistrate 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 delinquent shall be received by them, ascertain her age by the best means in their power, and cause the

State Charities Law (L. 1896, ch. 546), §§ 136, 137.

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. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

$136. Return of females improperly committed.

Whenever

it shall appear to the satisfaction of the board of managers of such institution, that any person committed thereto is not of proper age to be so committed or is not properly committed, or is insane or mentally incapable of being materially benefited by the discipline of such institution, such board of managers shall cause the return of such female to the county from which she was so committed. Such female shall be so returned in the custody of one of the persons employed by such board of managers to convey to such institution females committed thereto, who shall deliver her into the custody of the sheriff of the county from which she was committed. Such sheriff shall take such female before the magistrate making the commitment, or some other magistrate having equal jurisdiction in such county, to be by such magistrate resentenced for the offense for which she was committed to such institution and dealt with in all respects as though she had not been so committed. The cost and expenses of the return of such female, necessarily incurred and paid by such board of managers shall be a charge against the county from which such female was committed, to be paid by such county to such board of managers in the same manner as other county charges are collected. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

§ 137. Disposition of children of females so committed.If any female committed to such institution, at the time of such commitment is a mother of a nursing child in her care under one year of age, or is pregnant with child which shall be born after such commitment, such child may accompany its mother to and remain in such institution until it is two years of age and must then be removed therefrom. The board of managers of such institution may cause such child to be placed in any asylum for children in this state and pay for the care and maintenance of such child therein at a rate not to exceed two and one-half dollars a week until the mother of such child shall have been discharged from such institution, or may commit such child to the care and custody of some relative or proper person willing to assume such