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therein at the expense of the municipality which would otherwise be chargeable with the support of such poor or indigent person; and the expense of transportation, treatment, maintenance and the actual cost of articles of clothing furnished by the hospital to such poor or indigent person shall be a county, city or town charge, as the case may be.
§ 161. Private patients. Applicants for admission to this institution who are able to pay for their care and treatment are not required to obtain a written request from the local authorities having charge of the relief of the poor, but shall apply in person to the superintendent, who shall enter the name of such applicant in the book to be kept by him, for that purpose, as provided in section one hundred and sixty; and when there is room in said hospital for the admission of such applicant, without interfering with the preference in the selection of patients, which shall always be given to the indigent, such patient shall be admitted to the hospital upon the certificate of one of the examining physicians, which certificate shall be kept on file by the said superintendent.
§ 162. Support of free patients. At least once in each month the superintendent of the hospital shall furnish to the comptroller and to the local authorities of each county, city or town, as the case may be, having charge of the relief of the poor, a list of all the free patients in the hospital that are accredited each respective county, city or town and who are shown by the statement of such local authorities to be unable to pay for their care, treatment and maintenance, under the provisions of section one hundred and sixty of this chapter. He shall accompany each such list with a bill of charges for care, treatment and maintenance at a rate not exceeding five dollars per week for each such free patient, together with items of expense of transportation, fee of the examining physician and the actual cost of articles of clothing furnished by the hospital to each such free patient. The treasurer of the hospital shall thereupon collect from the said local authorities of the county, city and town such sums as may be due therefrom, and pay the same over to the state treasurer. (As amended by chapter 449 of the Laws of 1910.)
§ 163. Support of private patients. The trustees shall have power and authority to fix the charges to be paid by patients who are able to pay for their care and treatment in said hospital or who have relatives bound by law to support them, who are able to pay therefor.
Institutions for Juvenile Delinquents
Section 180. State agricultural and industrial school at Industry;
181. Managers of house of refuge for juvenile delin quents in New York city.
182. Powers and duties of managers.
184. Commitment of children.
186. Disorderly children.
187. Arrest and conviction,
188. Commitment of disorderly children.
189. Discharge on habeas corpus; immaterial errors.
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
197. Transfer of inmates to penitentiary or Elmira
198. Confinement of juvenile delinquents under sen-
200. Appointment of managers.
201. General powers and duties of managers.
Section 204. Commitments; papers furnished by committing
205. Return of females improperly committed.
206. Disposition of children of females so committed.
207. Children may be bound out.
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, 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. (As amended by chapter 449 of the Laws of 1910, and chapter 121 of the Laws of 1915.)
§ 181. Managers of house of refuge for juvenile delinquents in New York city. The society for the reforma tion 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 twentyone 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 fif teenth 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. (As amended by chapter 449 of the Laws of 1910.)
§ 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. 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 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 that purpose, and the age of such delinquent thus ascertained shall be deemed and taken to be the true age of such delinquent. (As amended by chapter 449 of the Laws of 1910.)
Juvenile delinquents on conviction in 1st, 2d, 3d or 9th judicial districts must be committed to House of Refuge, Randall's Island.
STATE OF NEW YORK,
Mr. JOSEPH P. BYERS, Superintendent New York House of Refuge, Randall's Island, New York City:
DEAR SIR. In reply to your letter of March 29th, relative to the commitment of juvenile delinquents to your institution and to the State In. dustrial School at Rochester, would say that there is an apparent inconsistency in the statutes relating to this subject but it disappears largely upon a careful examination of the matter.
Section 2 of chapter 167, of the Laws of 1904, among other amendments provides that section 124 of chapter 546 of the Laws of 1896, known as the State Charities Law, shall read as follows:
"Male children under the age of sixteen years may be committed from the rural counties of this state as vagrants or on the conviction of any criminal offense by any court having authority to make such commitments to the state industrial school 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 of New York city established by said society. But no child under the age of twelve years shall be committed or sentenced to either of such institutions for any crime or offense less than felony