the survivor, if one is dead; nor an illegitimate child without the consent of its mother, if she is living. When not necessary. § 6. The consent provided for by the last section is not necessary from a father or mother deprived of civil rights, or adjudged guilty of adultery or cruelty, and who is from either cause divorced; or is adjudged to be an insane person or an habitual drunkard, or is judicially deprived of the custody of the child on account of cruelty or neglect. Consent of persons having custody. § 7. When the child to be adopted has neither father nor mother living, or whose consent, if living, is made unnecessary by the provisions of the last section, such consent must be given by an adult person having the lawful custody of the child. Proceedings before county judge. § 8. The person adopting a child, and the child adopted, and the other persons whose consent is necessary, shall appear before the county judge of the county in which the person adopting resides, and the necessary consent shall thereupon be signed, and an agreement be executed by the person adopting, to the effect that the child shall be adopted and treated, in all respects, as his own lawful child should be treated. But in case such parent shall not be or reside in said county, such consent may be signed, duly acknowledged and certified in the manner required for conveyances of real estate, to entitle them to be recorded in said county, and such consent shall be presented to such county judge, and filed with the said agreement, and such parent shall not be required to appear before such county judge. [Thus amended by L. 1888, ch. 485.] Examination of persons. § 9. The judge shall examine all persons appearing before him pursuant to the last section, each separately, and, if satisfied that the moral and temporal interests of the child will be promoted by the adoption, he shall make an order in which shall be set forth, at length, the reasons for such order, directing that the child shall thenceforth be regarded and treated, in all respects, as the child of the person adopting. Name of child, etc. § 10. A child, when adopted, shall take the name of the person adopting, and the two thenceforth shall sustain toward each other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation, including the right of inheritance, and the heirs and next of kin of the child so adopted shall be the same as if the said child was the legitimate child of the person so adopting, except that as respects the passing and limitation over of real and personal property, under and by deeds, conveyances, wills, devises and trusts, dependent upon the person adopting dying without heirs, said child adopted shall not be deemed to sustain the legal relation of child to person so adopting so as to defeat the rights of remainderman, and in case of the death of the person so adopted the person so adopting as above provided shall, for the purpose of inheritance, sustain the relation of parent to the person so adopted. [Thus amended by L. 1887, ch. 703.] · the When parent to forfeit claims. § 11. Whenever a parent has abandoned or shall abandon an infant child such parent shall be deemed to have forfeited all claim that he or she would otherwise have, as to the custody of said child or otherwise, against any person who has taken, adopted and assumed the maintenance of such child; and in such case the person so adopting, taking and assuming the maintenance of such child, may adopt it under the provisions of this act, with the same effect as if the consent of such parents had been obtained. In all cases of abandonment after this act takes effect the person adopting shall proceed under the provisions of this act within six months after he or she has assumed the maintenance of such child; in such case of abandonment, the county judge may make the order provided for in this act without the consent of such parent or parents. After adoption parents relieved from care, etc. § 12. The parents of an adopted. child are, from the time of the adoption, relieved from all parental duties toward, and of all responsibility for, the child so adopted, and have no rights over it. Not to affect proof of adoption heretofore made by any method practiced in this state; evidence. § 13. Nothing herein contained shall prevent proof of the adoption of any child, heretofore made according to any method practiced in this state, from being received in evidence, nor such adoption from having the effect of an adoption hereunder; but no child shall hereafter be adopted except under the provisions of this act, nor shall any child that has been adopted be deprived of the rights of adoption, except upon a proceeding for that purpose, with the like sanction and consent as is required for an act of adoption under the eighth section hereof; and any agreement and consent in respect to such adoption, or abrogation thereof hereafter to be made, shall be in writing, signed by such county judge or a judge of the supreme court, and the same, or a duplicate thereof, shall be filed with the clerk of the county and recorded in the book of miscellaneous records, wherein the same shall be made, and a copy of the same, certified by such clerk, may be used in evidence in all legal proceedings; but nothing in this act contained in regard to such adopted child inheriting from the person adopting shall apply to any devise or trust now made or already created, nor shall this act in any manner change, alter or interfere with such will, devise, or said trust or trusts, and as to any such will, devise or trust said adopted child shall not be deemed an heir so as to alter estates, or trusts, or devises in wills already made or trusts already created. [Supplementary Title.] Registry of Births, Marriages and Deaths. [For additional provisions on this subject, see part 1, ch. 14, tit. 6a, ante, p. 1194.] L. 1847, Chap. 152-An act providing for the registry of births, marriages and deaths. [Repealed by L. 1885, ch. 270, § 9, ante, p. 1210.] L. 1853, Chap. 75 - An act to amend an act entitled "An act providing for the registry of births, marriages and deaths. [Quere, whether this act is repealed by L. 1885, ch. 270, § 9, ante, p. 1210.] Registry to be kept by clergymen and others, and report to city inspector, New York. SECTION 1. It shall be the duty of the clergymen, magistrates and other persons who perform the marriage ceremony in the city of New York, to keep a registry of the marriages celebrated by them, which shall contain, as near as the same can be ascertained, the name and surname of the parties married; the residence, age and condition of each; whether single or widowed. It shall also be the duty of physicians and professional midwives to keep a registry of the several births in which they have assisted professionally, which shall contain, as near as the same can be ascertained, the time of such birth, name, sex and color of the child, the names and residence of the parents, and to report the same, on or before the first Monday of each and every month, to the city inspector of the city of New York; and physicians who have attended deceased persons in their last illness shall, in the certificate of the decease of such person, specify, as near as the same can be ascertained, the name and surname, age, occupation, term of residence in said city, place of nativity, condition in life; whether single, married, widow or widower; color, last place of residence, and the direct and indirect cause of death of such deceased person;. and the coroners of the city and county of New York, in such cases as an inquest may have been held, shall in their certificates conform to the requirements of this section of this act. City inspector of New York to keep a record. § 2. The city inspector of the city of New York shall keep a record of the births, marriages and deaths reported to him; the births shall be numbered and recorded in the order in which they are received by the recording officer; and the record of births shall state, in separate columns, the place and date of birth, the name, sex and color of the child, the names and residences of the parents, as fully as he has received the same, and the time when the record was made. The marriages shall be numbered and recorded in the order in which they are received by the recording officer, and the record thereof shall state, in separate columns, the date of marriage, name, residence and official station, if any, of the person by whom married, the names and surnames of the parties, age, the color and condition of each; whether single or widowed; and the time when the record was made. The deaths shall be likewise numbered and recorded; and the record thereof shall state, in separate columns, as far as the same is reported, the date of decease, name and surname, condition ; whether single, married or widowed; age, place of birth, place of death, occupation, names of the parents, when an infant without name, disease, direct or indirect cause of death, color, and last place of residence of such deceased person, and the time when the record was made. [Sections 3 to 6 repealed by L. 1881, ch. 537.] Penalty for not complying with the directions of this act. § 7. Every person who shall neglect or refuse to comply with or violate the provisions of this act, shall forfeit and pay for each offence the sum of fifty dollars, to be sued for and recovered in the name of the mayor, aldermen and commonalty of the city of New York, and the penalty when recovered shall be paid over, one-half thereof to the corporation of the city of New York, and one-half to the party making complaint thereof. Repeal. § 8. All such parts of the act entitled "An act providing for the registry of births, marriages and deaths," passed April 28, 1847, as relates to the city of New York, conflicting or inconsistent with the provisions of this act, is hereby repealed. Act when to take effect, etc. § 9. This act shall take effect on the first day of July next, before which time the secretary of state shall cause a copy of the same to be officially published in at least one of the papers published in the city of New York, with a notice to all magistrates, clergymen, physicians and other persons interested, of the time when it will become a law. L. 1880, Chap. 259-An act to secure the registration of the births of children of residents of the city of New York, and the birth of children which failed to be recorded through the neglect of the physician or other medical attendant present at such birth, occurring during the temporary absence from such city of the parents of such children, and respecting transcripts of the records. Registration of births. SECTION 1. The births of the children of actual residents of the city of New York which may have occurred during the temporary absence of the parents of such children from the city of New York, and the births of children which fail to be recorded through the neglect of the physician or other medical attendant present at such birth, may be recorded under and pursuant to the provisions of this act in the bureau of vital statistics of the health department of said city, in a special book to be kept for such purpose, upon application in such behalf by the parents or guardians of such children. Transcripts of any record in the said bureau of vital statistics may be given, in the discretion of the board of health, to a parent or the next of kin to any person whose birth, death or marriage is there recorded, or to any one person authorized to apply for the same, but no transcripts of false or fraudulent returns made to the said bureau, nor of the entries thereof, shall be given; and they shall be cancelled upon due proof of the facts to the board of health. Application for registry; how to be made; alterations not to be made except on proof. § 2. Such application shall be made to the board of health of the health department of such city, and shall be accompanied by a certificate of the physician or midwife attending professionally at such birth, and personally cognizant thereof, together with the affidavit of at least two citizens certifying to their knowledge of the facts, and that the physician or midwife making such certificate of birth is a reputable person in good standing in the community in which he or she may reside. No change or alteration shall at any time be made in any of the records of the said bureau of records in said city without proof satisfactory to and upon the approval of the said board of health. 16 J. & S., 308. TITLE 3. [150] Father, etc., may grant cus tody of minor child. 23 Barb., 472; 19 Wend., 18; 5 Johns. 12 How. 57 Barb., 496; 55 TITLE III. Of Guardians and Wards. SEC. 1. Fathers may dispose of the custody, etc,, of their minor children. 2 & 3. Rights and duty of person appointed guardian. 4-19. [Repealed.] 20. Duties and liabilities of all general guardians. 21. Penalty on guardians for waste, etc. 22. [Repealed.] SECTION 1. Every father, whether of full age or a minor, of a child likely to be born or of any living child under the age of twentyone years and unmarried, may by his deed or last will duly executed, dispose of the custody and tuition of such child during its minority or for any less time, to any person or persons in possession or reCh R., 279; mainder. But if the mother of such child survive the father for Pr. R., 515; one year, whether such appointment be now made or shall hereafter be made by the father, she may after the lapse of such year notwithstanding such appointment by the father, by her deed or last will duly executed, dispose of the custody and tuition of such child. during its minority or for any less time, to any person or persons in possession or remainder, and she may make the same appointment at any time if the father dies without having executed his said right of appointment, and section two thousand eight hundred and fiftyone of the Code of Civil Procedure shall apply on any such appointment. [Thus amended by L. 1888, ch. 454, superseding L. 1871, ch. 32.]* How. Pr. R., 594; 16 9 Hun, 175; 11 Hun, 41; 5 Redf., 501; 24 fun, 370 Powers and duties of person § 2. Every such disposition, from the time it shall take effect, shall vest in the person or persons to whom it shall be made, all the *The act of 1888, instead of amending this section, purports to amend the act of 1871. rights and powers, and subject him or them to all the duties and TITLE 3. obligations of a guardian of such minor, and shall be valid and appointed. effectual against every other person claiming the custody or tuition 472. of such minor, as guardian in soccage, or otherwise. [1 R. L., 368, §§ 18, 19.] 23 Barb., actions,&c. 472; 8 Barb., 52; 56 Barb., 199; 4 Robt., 559, § 3. Any person to whom the custody of any minor is so disposed Id. to bring of, may take the custody and tuition of such minor, and may main- 23 Barb., tain all proper actions, for the wrongful taking or detention of the minor, and shall recover damages in such actions, for the benefit of his ward. He shall also take the custody and management of the personal estate, of such minor, and the profits of his real estate, during the time for which such disposition shall have been made, and may bring such actions in relation thereto, as a guardian in soccage might by law. [The same.] [Sections 4-6 were repealed by L. 1880, ch. 245.] 94, 114, 473. [151-153] liabilities dians. Wend., 77; [Section 7 was repealed by L. 1830, ch. 320.] [Sections 8-19 were repealed by L. 1880, ch. 245.] § 20. Every guardian in soccage, and every general guardian, Duties and whether testamentary or appointed, shall safely keep the things of all genthat he may have in his custody belonging to his ward, and the eral guarinheritance of his ward, and shall not make or suffer any waste, sale 11 Barb. 22; 8 Barb., or destruction of such things or of such inheritance, but shall keep 52; 2 up and sustain the houses, gardens and other appurtenances to the 46 N. Y., lands of his ward, by and with the issues and profits thereof, or with such other monies belonging to his ward, as shall be in his hands; and shall deliver the same to his ward when he comes to his full age, in as good order and condition, at least, as such guardian received the same, inevitable decay and injury only excepted; and he shall answer to his ward for the issues and profits of real estate, received by him, by a lawful account. [1 R. L., 62, § 1.] 596; 57 Barb., 303; 71 58 N. Y., 185; 17 36 Hun, 157. 63 Barb., Hun, 541; § 21. If any guardian shall make or suffer any waste, sale or Penalty for destruction of the inheritance of his ward, he shall lose the cus- waste, &c. tody of the same, and of such ward, and shall forfeit to the ward thrice the sum at which the damages shall be taxed by the jury. ART. 3a.-General regulations affecting employers and employees. The ART. 3B.-Provisions relating to disputes between employers and em- |