CHAP. IV. CHAP. 759. AN ACT to amend an act entitled "An act to incorporate the Buffalo juvenile asylum," passed April seventh, eighteen hundred and fifty-six. PASSED April 17, 1857; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The Buffalo juvenile asylum may take, hold by gift, May hold purchase or devise, building sites and lands, elsewhere within real estate. the county of Erie, as well as in the city of Buffalo, for the erection and maintenance of its reception house or houses and asylum. $ 2. The second section of the act to incorporate the Buffalo juvenile asylum, is hereby amended so as to read as follows: $ 2. The objects of such corporation are to receive and take Objects of charge of such children, between the ages of five and fifteen Corporation years, as may be voluntarily entrusted thereto by their parents or guardians, or committed to its charge by competent authority, and to provide for their support, and also to afford them the means of moral, industrial and intellectual education. § 3. Section seven of the said act is hereby amended so as to read as follows: $7. The said corporation may receive and take under its care and management, children 1. Children between five and fifteen years of age, who, by Ages of consent in writing of their parents or guardians, shall be vol- entrusted untarily surrendered and entrusted to it; but the support and to it. maintenance of any such child in such asylum shall not be a charge under this act upon the city of Buffalo, or upon any town of the county of Erie, unless the parents or parent, or guardian of such child reside within the county of Erie, when the child is so surrendered, nor unless the surrender be accompanied, if such parents, parent or guardian reside within the city, by the certificate of the mayor, or of the police justice, or a justice of the peace of the city, to the effect that he has examined the case, and is satisfied that the parents, parent or Support of guardian reside or is unable to maintain and provide for such children, child, and that he approves the surrender of such child to the asylum, or if such parents, parent or guardian reside out of the city, unless the surrender is accompanied by such a certificate of the supervisor, or of one of the justices of the peace of the town wherein the parents, parent or guardian reside; 2. Children between five and fifteen years of age, who may be committed to the charge of the corporation, by order of by order of any magistrate or officer as hereinafter provided; Children committed magistrates from poor 3. Children between five and fifteen years of age, who may children have been or may be sent to the county poor house of the house. PART IV. Sections repealed. Destitute children constables. Beggars. children. county of Erie, and shall be transferred to the said corporation under any arrangements which may from time to time be made by the board of supervisors of the said county and the said corporation; which transfers and arrangements the said board of supervisors is hereby authorized to make. S 4. Sections nine, ten, eleven, twelve, thirteen, fourteen and fifteen of the said act, are hereby repealed, and the following, similarly numbered, are substituted therefor: $ 9. Whenever any child above the age of five, and under brought by the age of fifteen years, shall be brought by any constable, police constable or policeman of the city of Buffalo, before the mayor or any alderman, police justice or justice of the peace of the said city, upon the allegation that the said child was found in any public house, lane, alley, street, highway or public place in said city, or on any wharf, dock, boat or vessel in said city in a state of want or being abandoned, or improperly exposed or neglected by his or her parent or parents, or such other person or persons as may have him or her in charge; or soliciting alms or charity from door to door, or in any street, lane, alley, highway or public place, or any boat or vessel, dock or wharf, or in any public house or public office in said city, without being thereto duly licensed, and whenever any child above the age of five and under the age of fifteen years shall be brought by any constable of the county of Erie before any justice of the peace of any town of said county, upon the allegation that the said child was found in any place within said town in a state of Abandoned want, or being abandoned, or improperly exposed or neglected by his or her parents or parent, or such other person or persons as may have him or her in charge, or soliciting alms or charity in said town from door to door, or in any street, highway or public place within said town without being thereto duly licensed, it shall be the duty of the mayor, alderman, police justice or justice of the peace before whom the child is brought, immediately to inquire into the matter, and if satisfied by competent testimony that there is probable cause to believe the allegation to be true, he shall, by an examination of the child, or such other testimony and information as he can procure, ascertain the name and residence of the parent, guardian or person in charge of such child, and if there be none, or none in the county of Erie, then the name and residence of any other person within the county of Erie whom, from relationship, affinity or any other circumstance, such mayor, alderman or magistrate may deem likely to take an interest in the disposition of the child, and shall direct a constable or other officer forthwith to summon such parent, guardian or in charge within the county of Erie, if any there be; and if there be none, then such other person likely to take an interest in the disposition of the child, if any there be to appear before such mayor, alderman or magistrate, either Summons. forthwith or at some time stated in the summons, not more than ten days after the issuing thereof, to take of the interests of such child; and such summons shall set forth the substance of the allegation, and notify the person summoned that the child will be committed to the guardianship of the Buffalo juvenile asylum, should the allegation be proved and the child not be reclaimed by its parents or guardian in the manner provided by law. If upon due inquiry the mayor, alderman or magistrate cannot ascertain the existing or residence within the county of Erie of any parent, guardian or person in charge, or person likely to take an interest in the disposition of the child, he shall, as soon as may be thereafter, examine the matter, and commit or discharge the child as hereinafter provided. CHAP. IV. § 10. It shall be the duty of the policeman, constable or Duty of police constable, to whom any such summons shall be de- policemen livered, to serve the same as soon as practicable by delivering a copy of the same to the party to whom it is addressed, or by leaving it with some person of sufficient age, at the place of residence or business of such person, and to certify and report the fact; and the time and manner of such service, to the mayor, alderman or magistrate. may deamination. § 11. The parent, guardian or person in charge of the child, Parents or other person taking an interest in the disposition of the mand exchild, may appear at any time at or before the return time of the summons, and demand an examination of the matter. On such demand or the return day of the summons, if duly returned or at such other or further reasonable time as he may grant on the application of the parent, guardian or friend of the child, the mayor, alderman or magistrate shall examine the matter, and if satisfied by the examination of the child or other competent testimony that the allegation is true, and that by reason of the child's not having any parent, guardian or friend, or that by reason of the neglect, habitual drunkenness, improvidence or vicious habits of the parents or parent, or other lawful guardians of such child, or by reason of its being required, instructed or habitually permitted by its parent or guardian to beg, it is a proper object for the care and instruction of the said corporation, the said magistrate or officer in his discretion, by warrant in writing under his hand, May issue may commit said child to this corporation, to be and remain under the guardianship of its directors, until therefrom discharged in manner prescribed by law; such commitment shall be by warrant in substance as follows: warrant, warrant. To A B, policeman, or, &c. (naming the officer with his Form of addition of office), you are hereby commanded to take charge of A B, a child under the age of fourteen and above the age of five years, who has been proved to me by competent evidence, to be a proper object for the care and instruction of the corporation created by an act entitled "An act to incorporate the Buffalo juvenile asylum," passed April seventh, one thousand eight hundred and fifty-six; and who also PART IV. Policemen authorized to arrest children. Child may be discharged. Violation of agree ment to support child. Orders for security and com fort. appears to my satisfaction to be a proper object for the care and instruction of the corporation created by the said act; and to deliver the said child without delay to the said corporation at his house of reception in this city, and for so doing this shall be your sufficient warrant. Dated this hundred day of , one thousand eight But no variance from the preceding from shall be deemed material, provided it sufficiently appear upon the face of the warrant, that the child is committed by the magistrate in the exercise of the powers given him by this act, and no such warrant or other warrant authorized by the provisions of this act shall be invalid, by reason of the same not being under the seal of the officer issuing the same. $12. Every police constable, constable or policeman of the city of Buffalo, and every other constable of the county of Erie shall be and he is hereby authorized, and it shall be his duty after the passage or filing of the resolution and declaration of the board of directors, as provided for in the thirtyfirst section of this act, to take before any such magistrate or officer any child which he shall know, or have good reason to believe may be legally committed to the said asylum under the provisions of this act, or any amendment that may hereafter be made thereto. But no mayor, alderman or magistrate, nor any police constable, constable or policeman of the city of Buffalo shall be entitled to any fee or compensation for any service performed under this act. S 13. The child shall at any time before the execution of the warrant be discharged, provided its parent or guardian shall enter into an engagement in writing to the city of Buffalo, or to the overseers of the poor of the town, as the case may require, with such surety or sureties, if any, as the examining officer or magistrate may require, that the parent or guardian will maintain and provide for and take due care of the child, and restrain him or her from wandering about and begging alms. $ 14. If it shall appear to the satisfaction of the mayor, alderman, or magistrate, before whom a child shall be brought pursuant to the provisions of this act, that such an engagement had been previously given and violated, no new engagement shall be received in discharge of the preceding. In case any engagement, given in respect to any child as herein provided for, shall be habitually or intentionally violated, the corporate authorities of the city of Buffalo, or the overseers of the poor to whom it was made, may proceed thereon, and recover in any court held by any justice of the peace, a penalty of twenty-five dollars and costs, which penalty, when recovered, shall be paid to the treasurer of the corporation hereby created, for the use thereof. S15. The mayor, alderman or magistrate before whom any child shall be brought, pursuant to this act, shall make all due and necessary orders for his or her security, sustenance and comfort pending the proceeding and expenses thereof, shall be provided for, and paid by the Buffalo Juvenile Asy lum. $5. Section seventeen of the said act is hereby amended, so as to read as follows: CHAP. IV. of vicious 17. The said corporation shall have power, and it shall be Discharge their duty whenever any child intrusted or committed to their children. charge shall be found to be so degrated, debased as vicious, as to be an improper subject from their care and management, to discharge such child from the asylum, or if such child was transferred from the county poor house to return it thereto. $6. Section twenty-five of the said act is amended, by inserting therein the word "name" between the words "their" and "sex," so as to require the name of each child to be reported to the legislature, and the common council of the city of Buffalo. $7. Section twenty-seven and section twenty-eight of the said act are hereby repealed. convey asylum. $8. The county of Erie, by its board of supervisors, is here- County to by authorized, in conformity with a resolution heretofore land to adopted by the board or otherwise, to give and convey to the Buffalo Juvenile Asylum ten acres on any other portion of its poor-house farm, or in the discretion of said board to give towards the foundation and support of said asylum such sum of money as may be deemed reasonable, to be levied and collected as a county charge. CHAP. 43. AN ACT in relation to the New York Juvenile Asylum The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The twenty-eighth section of the act entitled "An act to incorporate the New York Juvenile Asylum," passed June thirtieth, eighteen hundred and fifty-one, is hereby amended, and shall read as follows, viz.: to levy a $28. In each and every year thereafter, the said board of Supervisors supervisors shall, in the same manner, levy and collect by tax, tax. and pay over to the said New York Juvenile Asylum, for the uses and purposes thereof, a sum not exceeding seventy-five dollars per annum, and proportionally for any fraction of a year, for each child which, by virtue and in pursuance of the provisions of this act, shall be entrusted or committed to the said asylum from the city and county of New York, and shall be supported and instructed therein; but the sum to be collected and paid by the said board of supervisors for each child so received, supported and taught in said asylum, shall in no |