with the approval of the court or officer which appointed such guardian to be entered of record; or if both parents of such child shall then be dead and no legal guardian of the person of such child shall have been appointed, and no guardian of such child shall have been appointed by a last will and testament, or by a deed by either parent thereof, or if the parents of such child shall have abandoned such child for the period of six months then next preceding, by the mayor of the city or by the county judge of the county in which such asylum or such other institution shall be located, upon such terms, for such time, and subject to such conditions as may be agreed upon by the parties to such written instrument. And such writ ten instrument may provide for the absolute surrender of such child to such corporation. But no such corporation shall draw or receive money from public funds for the support of any such child committed under the provisions of this section, unless it shall have been determined by a court of competent jurisdiction that such child has no relative, parent or guardian living, or that such relative, parent or guardian, if living, is destitute and actually unable to contribute to the support of such child.

CHARITABLE CORPORATION-NOT LIABLE FOR INJURY TO INMATE.-"A corporation incorporated under chapter 319 of the Laws of 1848, as amended by chapter 446 of the Laws of 1883 'to maintain and support an industrial school and asylum for the sustenance and education of male orphan children,' which is conducted by the Christian Brothers without compensation, and which is largely supported by charity, although it receives from the various counties of the State a certain weekly sum for the support of the boys committed to it by the magistrates and other correctional officers of the county pursuant to section 713 of the Penal Code, and also a small sum for the sale of surplus farm products and manufactured articles, is a charitable and benevolent corporation and is not liable to a boy committed to it by a police magistrate for injuries sustained by him while operating a machine in the laundry of the institution in consequence of the negligence of the foreman of the laundry in failing to instruct him concerning the operation of the machine and to warn him of the dangers incident thereto. The rule of respondeat superior does not apply to the case.

'Semble, that, as to such an inmate, the institution acts as one of the governmental agencies of the State, and is, therefore, not liable for negligence."

In re action by James Corbett, minor, by Michael J. Corbett, guardian, to recover damages from St. Vincent's Industrial School, Utica, for injuries sustained by plaintiff while assisting in operating a mangle. Corbett v. St. Vincent's Indusrial School of Utica, (79 App. Div. 334), reversing judgment of Supreme Court in favor of plaintiff.

§ 2. Children not to be sent to county poor-houses, etc.—It shall not be lawful for any county superintendent or overseer of the poor, board of charity or other officer, to send any child between the ages of two and sixteen years, as a pauper, to any county poor-house or alms-house for support and care, or to detain any child between the ages of two and sixteen years in such poor-house or alms-house; but such county superintend ents, overseers of the poor, boards of charities or other officers shall provide for such child or children, in families, orphan asylums, hospitals, or other appropriate institutions, as provided by law. The boards of supervisors of the several counties of the state are hereby directed to take such action in the matter as may be necessary to carry out the provisions of this section. When any such child shall be so provided for or placed in any orphan asylum or such other institution, such child shall, when practicable, be so provided for or placed in such asylum or such other institution as shall then be controlled by persons of the same religious faith as the parents of such child.

§ 3. Records to be kept by all institutions for reception of minors, etc.-All institutions, public or private, incorporated or not incorporated, for the reception of minors, whether as orphan, or as pauper, indigent, destitute, vagrant, disorderly, or delinquent persons, are hereby required to provide and keep a record in which shall be entered the date of reception, and the names and places of birth and residence, as nearly as the same can reasonably be ascertained, of all children admitted in such institutions, and how and by whom and for what cause such children shall be placed therein, and the names, residence, birthplace and religious denomination of the parents of such children so admitted, as nearly as the same can be reasonably ascertained; and whenever any such child shall leave such in stitution, the proper entry shall be made in such record, showing in what manner such child shall have been disposed of, and if apprenticed to or adopted by any person or family, or otherwise placed out at service or on trial, the name and place of residence of the person or head of the family to or with

whom such child shall have been so apprenticed, adopted or otherwise placed out. The supreme court may, upon applica tion by a parent, relative or legal guardian of such child, after due notice to the institution and hearing had thereon, by order direct the officers of such institution to furnish such parent, relative or legal guardian with such extracts from such record relating to such child as such court may deem proper. Nothing in this section shall be construed to prevent visitation by relatives and friends in accordance with the established rules of such institutions. (As amended by chapter 54 of the Laws of 1894.)

§ 4. Removal of children from one institution to another, etc. -While any child which shall have been placed in such asylum, or other institution, as a pauper, in pursuance of the second section of this act, shall remain therein at the expense of the county or town to which such pauper child is chargeable, the superintendents of the poor of such county, or the overseer of the poor of such town, may, in their discretion, remove such child from such asylum or other institution and place such child in some other such institution or make such other disposition of such child as shall then be provided by law. The name of no child shall be changed while in such institution as in this section aforesaid. But no parent of such pauper child, so in such asylum or other institution as in this section aforesaid, shall be entitled to the custody thereof except in pursuance of a judg ment or order of a court or judicial officer of competent jurisdiction, adjudging or determining that the interests of such child will be promoted thereby, and that such parent is fit, competent and able to duly maintain, support and educate such child.

§ 5. Children may be bound out as apprentices, servants, etc. -Any corporation specified in the first section of this act may bind out any indigent or pauper child, if a male, for a period which shall not be beyond his twenty-first year, and if a female, for a period which shall not be beyond her eighteenth year, which shall have been absolutely surrendered to the care and custody of such corporation in pursuance of the provisions of

the first section of this act, or which shall have been placed therein as a pauper in pursuance of the provisions of the second section of this act, or which shall have been left to the care of such corporation with no provision by the parent, relative or legal guardian of such child, for its support for a period of one year then next preceding, to be a clerk, apprentice or servant. (Balance of section repealed. See Domestic Relations Law.)

§ 7. Children may be placed by adoption with suitable persons. Any child which a corporation specified in the first section of this act is, by the fifth section of this act, authorized to bind out may be placed by such corporation, by adoption. (Balance of section repealed. See Domestic Relations Law.) (§§ 6, 8, 9, 10, 11, 12, repealed by Domestic Relations Law.)

PAYMENTS OF PUBLIC MONEYS TO PRIVATE INSTITUTIONS.

AN ACT to authorize payments by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory institutions wholly or partly under private control, for care, support and maintenance.

Chapter 754 of the Laws of 1895.

Section 1. Boards of estimate and apportionment, common councils, boards of aldermen, boards of supervisors, town boards, boards of trustees of villages, and all other boards or officers of counties, cities, towns and villages, authorized to appropriate and raise money by taxation and make payments therefrom, are hereby authorized in their discretion to appropriate and to raise money by taxation and to make payments from said moneys, and from any moneys received from any other source and properly applicable thereto, to charitable, eleemos ary, correctional and reformatory institutions wholly or pay under private control, for the care, support and maintenance of their inmates, of the moneys which are or may be ap propriated therefor; such payments to be made only for such inmates as are received and retained therein pursuant to rules established by the state board of charities; except that boards of trustees of villages and town boards of towns in which there

is no hospital located, and which are situated upon and adjoin the boundary line of a neighboring state, are hereby authorized in their discretion to appropriate and to raise money by taxation and to make payments from said moneys, and from any moneys received from any other source and properly ap plicable thereto, to hospitals in such adjoining state for the purpose of maintaining a bed or beds in such hospital for the benefit of and to be used exclusively by the inhabitants of such village or town. Boards of trustees of villages and town boards of towns situate upon the boundary line of a neighboring state, which have appropriated and raised money by taxation for the purpose of maintaining a bed or beds in a hospital in such adjoining state and have not paid the same are hereby authorized to use said money for the purpose for which it was appropriated and raised. Payments to such hospital in an adjoining state shall be made only for such inmates as are received and retained therein pursuant to rules established by the state board of charities. (As amended by chapter 155 of the Laws of 1902.)

PROPERTY AND FAMILIES OF ABSCONDING PERSONS.

AN ACT in relation to the property and families of absconding persons.

Chapter 304 of the Laws of 1878.

Section 1. Whenever the father, or the mother being a widow or living separate from her husband, has absconded, or shall abscond from his or her children or a husband from his wife, leaving any of such children or such wife chargeable, or likely to become chargeable upon the public for their support, and any real or personal estate of such father, or mother, or husband, has been or shall be seized by a superintendent of the poor or an overseer of the poor, or by a board of charities (or by other officers authorized to make such seizures), by warrant of the justices of the peace of the county where such real or personal property may be situated, and the court of sessions of the county wherein such superintendent or overseer of the poor or board of charities, or other officers authorized to make such