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PART IV.

By-laws.

Annual reports to be made.

Public act.

May be altered.

Delin

by the overseers of the poor, and the provisions of the sixth, ninth, tenth, eleventh, twelfth and thirteenth sections of the last mentioned act, shall apply to the apprentices and servants, and the persons to whom they may be bound, under and by virtue of this act.

$6. And be it further enacted, That the said managers under this act, may from time to time make by-laws, ordinances and regulations, relative to the management and disposition of the estate and concerns of the said corporation, and the management, government, instruction, discipline, employment and disposition of the said children, while in the said house of refuge, or under their care, not contrary to law, as they may deem proper; and may appoint such officers, agents and servants, as they may deem necessary to transact the business of the said corporation, and may designate their duties: And further, That the said managers shall make an annual report to the legislature, and to the corporation of the city of New York, of the number of children received by them into the said house of refuge; the disposition which shall be made of the said children, by instructing or employing them in the said house of refuge, or by binding them out as apprentices or servants; the receipts and expenditures of the said managers, and generally all such facts and particulars as may tend to exhibit the effects, whether advantageous or otherwise, of the said association.

$7. And be it further enacted, That this act shall be, and is hereby declared a public act; and that the same shall be construed in all courts and places, benignly and favorably, for every humane and laudable purposes therein contained.

S 8. And be it further enacted, That the legislature may at any time thereafter, alter, modify, or repeal this act.

CHAP. 24.

AN ACT to amend the act, entitled "An act to incorporate the society for the reformation of juvenile delinquents in the city of New York," passed March 29th, 1824, and for other purposes.

PASSED January 28, 1826.

$1. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That the managers of the County in society mentioned in the act hereby amended, shall receive

quents to be received from any

the state.

and take in the house of refuge established by them in the city of New York, all such children as shall be convicted of criminal offences in any city or county of this state, and as may, in the judgment of the court before whom any such offender shall be tried, be deemed proper objects; and the powers and duties of the said managers in relation to the

children which they shall receive in virtue of this act, shall be the same in all things as are prescribed and provided by the act entitled "An act to incorporate the society for the reformation of juvenile delinquents in the city of New York," passed March the 29th, 1824, in respect to children which the said managers have received, or may receive in virtue of that act.

CHAP. IV.

commis

$2. And be it further enacted, That the commissioners Health mentioned in the thirty-eighth section of the act, entitled "An sioners to act to provide against infectious and pestilential diseases," account. passed March the twenty-first, eighteen hundred and twentythree, shall account annually to the comptroller of the state, for all monies received by them for the use of the marine hospital; and if the same shall, in any one year, be more than sufficient to defray the expense of executing the trust committed to them, exclusive of such expenses as are to be borne and paid as part of the contingent charges of the city of New York, and including the annual compensations granted to the said commissioners by the said act, then and in such case the said health commissioners shall pay such surplus over to the treasurer of the managers of the society for the reformation of juvenile delinquents in the city of New York, for the use of the said society; and the said commissioners shall also pay to the said treasurer, for the use of, and to be expended by the said society in the erection of a house of refuge for female juvenile delinquents, so much of the balance or surplus now in their hands, or which may be invested pursuant to the said thirty-eighth section, as the person administering the government of this state may not deem necessary to be retained and disposed of agreeably to the said thirty-eighth section, to meet any deficit of the receipts of the said commissioners for the purposes of the said marine hospital, or for the building of such other stone or brick hospitals in the place of the present wooden ones, as the person administering the government of this state may from time to time think necessary; and that the said thirty-eighth section, so far as the same is inconsistent with the provisions of this act, and no further, be, and the same is hereby repealed.

ation of de

$3. And be it further enacted, That the sheriffs of the Transport several counties of this state, shall be allowed for the trans- linquents. portation of any juvenile delinquents according to the provisions of this act, the same compensation as is now given by law for the transportation of convicts to the state prisons, to be audited and paid by the supervisors of the respective counties, as part of the contingent expenses of the said counties: Provided, That after notice shall be given by the managers of the said society, that there is not room for the reception of any further delinquents, it shall not be lawful to transport any other delinquents, until notice shall be given that they can be received.

PART IV.

Act may be repealed.

$4. And be it further enacted, That the legislature may, at any time, repeal, amend, or modify this act.

CHAP. 302.

Appropria

annually.

AN ACT to create a fund in aid of the society for the reformation of juvenile delinquents in the city of New York, and for other purposes.

PASSED April 29, 1829.

$1. The commissioners of health, mentioned in the eleventh tion of $8000 and twelfth sections of title fourth of chapter fourteenth of the First Part of the Revised Statutes, shall pay out of the monies received by them for the use of the marine hospital, eight thousand dollars annually, in quarterly payments of two thousand dollars each, commencing on the first day of May next, to the treasurer of the society for the reformation of juvenile delinquents in the city of New York, for the use of said society; which sum of eight thousand dollars shall be part of the surplus, and not in addition thereto, directed to be paid said treasurer by the above mentioned eleventh section; and the said commissioners of health shall pay over annually to the comptroller of the state, on or before the first of April, the balance that may remain of the said surplus fund, after paying the eight thousand dollars as aforesaid; and the balance of the said surplus so paid to the comptroller, shall be invested by him in some secure manner at interest, and the said fund shall be kept distinct and separate, and shall be denominated the "Mariners' Fund."

Repeal.

Account to be rendered

Allowance

$ 2. So much of the said twelfth section of title fourth of chapter fourteenth of the First Part of the Revised Statutes, as applies to the balance of hospital monies in the hands of the commissioners of health, is declared to apply only to such balances as were in their hands at the time said chapter took effect as a law; and any part of said section inconsistent with this declared construction, is hereby repealed.

[§ 3 repealed by Laws of 1831, ch. 186.]

[§§ 4, 5, repealed by Laws of 1839, ch. 13.]

$ 6. The said commissioners of health shall render to the comptroller annually, a minute and detailed account of all monies denominated "hospital monies," which shall be received; and also of all such monies disbursed by them or either of them, for the marine hospital; for the expenses of their trust, so far as the same are payable out of this fund; for their own salaries, and the commission allowed by law to the health commissioner for collection; and also of the surplus, if any, of such monies paid over to the treasurer of the society for the reformation of juvenile delinquents in the city of New York.

$ 7. The comptroller is hereby authorized to allow to the for collect health commissioner, for the collection of "hospital money from coasting vessels, a commission at his discretion, of not

moneys.

less than two and a half, nor exceeding ten per cent; which CHAP. IV. allowance he is authorized to make, as well upon the collections made from such vessels during the past year, as upon those hereafter to be made.

CHAP. 181.

AN ACT concerning Convicts under the age of seventeen years, and other purposes.

PASSED April 16, 1830.

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

$1. The person administering the government of this state, is hereby empowered to direct the agent of either of the state prisons of this state, whenever the inspectors thereof shall recommend the same, to convey any convicts who shall be under the age of seventeen years, to the house of refuge in the city of New York; and they shall there be confined according to the rules and regulations of said house of refuge: The expenses of such removal shall be the same as allowed to sheriffs for like services, and a charge upon such prison, as part of its ordinary expenses to be certified by the inspectors.

To be sent of refuge.

to the house

§ 2. The expenses of such removal shall be first paid out Expense of any funds of the prison for general support, to be certified how paid. by the inspectors: And it shall also be the duty of said inspectors and agent, to make out a certificate of said expenses, and forward the same to the sheriff of the county where such convict or convicts were sentenced, whose duty it shall be to present the same to the board of supervisors of said county, at their first annual meeting thereafter.

§ 3. The board of supervisors shall raise the said amount as To be raised other county charges; and the treasurer of said county shall, by tax. within ten days after receiving the same, remit the said amount to the agent of said prison.

CHAP. 186.

AN ACT to amend "An act to create a Fund in aid of the
Society for the reformation of Juvenile Delinquents in
the City of New York, and for other purposes," passed
April 29, 1829.

PASSED April 21, 1831.

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

$1. There shall be paid annually by the treasurer of the city of New York, on the first Monday of July, to the treasurer

Payment by
New York.

the city of

PART IV.

Theatres, &c. not to

be opened

without

the mayor.

of the society for the reformation of juvenile delinquents, in the city of New York, the sum of four thousand dollars, for the use of said society, out of the moneys appropriated for the support and maintenance of the poor of the said city, by the act, entitled "An act to amend an act, entitled 'An act to lay a duty on strong liquors, and for regulating inns and taverns, so far as it relates to the city of New York, and for other purposes," " passed April 10th, 1824.

CHAP. 13.

AN ACT to amend an act entitled "An act to create a fund in aid of the society for the reformation of juvenile delinquents in the city of New York, and for other

poses.

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PASSED February 1, 1839.

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

$1. No theatre, circus, or building, garden or grounds, for exhibiting theatrical or equestrian performances, in the license from city of New York, shall be opened for such exhibitions, unless the manager or proprietor thereof shall first and annually obtain from the mayor of the said city a license therefor; which license the said mayor is authorized to grant, to continue in force until the first day of May next ensuing the grant thereof. And every manager or proprietor neglecting to take out such license, or consenting or allowing such performances without first taking out the same; and every owner or lessee of any building in said city, who shall lease or let out the same for the purpose of being occupied as such theatre, or circus, or building for exhibiting theatrical or equestrian performances, or shall assent that the same be used for the purposes aforesaid, and the same shall have been so used by any manager or proprietor thereof who shall not have previously obtained such license, shall be subjected to a penalty of five hundred dollars for every such neglect or omission; which penalty the society for the reformation of juvenile delinquents in said city are hereby authorized, in the name of the people of this state, to prosecute, sue for and recover, for the use of said society.

Licenses for

than a year.

S2. The said mayor is hereby authorized to grant licenses a loss term for said theatrical and equestrian performances for any term less than one year; and in any case where such license is for a term of three months, or less, the said mayor is hereby authorized to commute for a sum less than said five hundred dollars, but in no case less than two hundred and fifty dollars for a theatre, or one hundred and fifty dollars for a circus.

Amount of

license to be paid.

S3. Upon granting every such license authorized by this act, or the act hereby amended, the said mayor shall receive

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