2. BOARD OF EDUCATION OF CITY OF ROCHESTER EXPRESSLY AUTHORIZED TO EMPLOY AND PAY TEACHERS. Under the charter of the city of Rochester (L. 1880, ch. 14, § 131, amd. L. 1898, ch. 660, § 127) and under the Consolidated School Law (L. 1894, ch. 556, tit. 15, art. 12, § 32) the board of education is not only expressly authorized to employ and pay teachers for the secular education of the inmates of such asylum but their employment for that purpose is imposed upon it as a duty.

3. SECTARIAN CONTROL IMMATERIAL. The fact that such asylum is controlled by a religious organization and that the teachers employed by the board of education, who were duly licensed to teach by the public authorities, were members of a sisterhood connected with such denominations, is immaterial, since the statute clearly recognizes the fact that the instruction of the inmates is neither practicable nor possible elsewhere than in the institution itself, and it is the duty of the board to provide for their secular education therein, regardless of the religious belief of those in control of the asylum."

4. STATUTES AUTHORIZING EMPLOYMENT NOT MANDATORY. The several statutes under which the moneys are raised and paid over to the board of education for the purpose of defraying the expense of secular education in orphan asylums are not mandatory and, therefore, violative of the Constitution; but if they were they could properly be disregarded by the local authorities.

Sargent v. Board of Education, 76 App. Div. 588; affirmed, 177 N. Y. 317.

TITLE XV.
ARTICLE 14.

DEAF AND DUMB AND BLIND INSTITUTIONS.

§ 40. All the institutions for the instruction of the deaf and dumb, and blind, and all other similar institutions, incorporated under the laws of the state, or that may be hereafter incorporated, shall be subject to the visitation of the superintendent of public instruction, and it shall be his duty:

1. To inquire, from time to time, into the expenditures of each institution, and the systems of instruction pursued therein, respectively.

2. To visit and inspect or cause to be visited and inspected, the schools belonging thereto, and the lodgings and accommodations of the pupils.

3. To ascertain by a comparison with other similar institutions, whether any improvements in instruction and discipline can be made; and for that purpose to appoint, from time to time, suitable persons to visit the schools.

4. To suggest to the directors of such institutions and to the legislature such improvements as he shall judge expedient.

5. To make an annual report to the legislature on all the matters before enumerated, and particularly as to the condition of the schools, the improvement of the pupils, and their treatment in respect to board and lodging.

§ 41. All deaf and dumb persons resident in this state and upwards of twelve years of age, who shall have been resident in this state for one year immediately preceding the application, or, if a minor, whose parent or parents, or, if an orphan, whose nearest friend shall have been resident in this state for one year immediately preceding the application, shall be eligible to appointments as state pupils in one of the deaf and dumb institutions of this state, authorized by law to receive such pupils; and all blind persons of suitable age and similar qualifications shall be eligible to appointment to the Institution for the Blind in the City of New York, or in the village of Batavia, as follows: All such as are residents of the counties of New York, Kings, Queens, Suffolk, Nassau, Richmond, Westchester, Putnam and Rockland, shall be sent to the Institution for the Blind in the City of New York. Those who reside in other counties of the state shall be sent to the institution for the blind in the village of Batavia. All such appointments, with the exception of those to the institution. for the blind in the village of Batavia, shall be made by the superintendent of public instruction, upon application, and in those cases in which, in his opinion, the parents or guardians of the applicants are able to bear a portion of the expense, he may impose conditions whereby some proportionate share of expense of educating and clothing such pupils shall be paid by their parents, guardians, or friends in such manner and at such times as the superintendent shall designate, which conditions he may modify from time to time, if he shall deem it expedient to do so. (As amended by chapter 62 of the Laws of 1903.)

§ 42. Each pupil so received into either of the institutions aforesaid shall be provided with board, lodging and tuition; and the directors of the institution shall receive for each pupil so provided for, the sum of dollars per annum, in quarterly payments, to be paid by the treasurer of the state,

on the warrant of the comptroller, to the treasurer of said institution, on his presenting a bill showing the actual time and number of such pupils attending the institution, and which bill shall be signed by the president and secretary of the institution, and verified by their oaths. The regular term of instruction for such pupils shall be five years; but the superintendent of public instruction may, in his discretion, extend the term of any pupil for a period not exceeding three years. The pupils provided for in this and the preceding section of this title shall be designated state pupils; and all the existing provisions of law applicable to state pupils now in said institution shall apply to pupils herein provided for.

§ 43. The superintendent of public instruction may make such regulations and give such directions to parents and guardians, in relation to the admission of pupils into either of the above-named institutions, as will prevent pupils entering the same at irregular periods.

§ 43a. The supervisors of any county in this state from which county state pupils may be hereafter appointed to any institution for the instruction of the deaf and dumb, whose parents or guardians are unable to furnish them with suitable clothing, are hereby authorized and required to raise in each year for this pur pose for each such pupil from said county, the sum of thirty dollars. (Added by chapter 223 of the Laws of 1903.)

NEW YORK INSTITUTION FOR THE INSTRUCTION OF THE DEAF AND DUMB.

AN ACT to amend an act entitled "An act in relation to the New York institution for the instruction of the deaf and dumb," passed April eighteenth, eighteen hundred and thirtyeight.

Chapter 386, Laws of 1864.

§ 1. Amendment. The third section of the act entitled "An act in relation to the New York institution for the instruction of the deaf and dumb," passed April eighteenth, eighteen hundred and thirty-eight, is hereby amended so as to read as follows:

§ 2. Money may be raised to clothe indigent pupils.-The supervisors of any county in this state from which county pupils may be selected, whose parents or guardians are unable to furnish them with suitable clothing, are hereby authorized and required to raise in each year for this purpose, for each such pupil from said county, the sum of thirty dollars.

AN ACT relative to the care and education of deaf-mutes.

Chapter 180, Laws of 1870.

§ 2. Expenses.-All provisions of law now existing, fixing the expense of the board, tuition and clothing of children under twelve years placed in the New York Institution for the Instruction of the Deaf and Dumb, shall apply to children who may, from time to time, be placed in the said institution for the im proved instruction of deaf-mutes, in the same manner, and with the like effect, as if said last-mentioned institution had also originally been named in the acts fixing such compensation, and as if said acts had provided for the payment thereof to the institution last-mentioned, and the bills therefor properly authenticated by the principal or one of the officers of the said last-mentioned institution shall be paid to said institution by the counties respectively from which such children were severally received, and the county treasurer or chamberlain, as the case may be, is hereby directed to pay the same on presentation, so that the amount thereof may be borne by the proper county.

SUPERVISORS MAY GRANT PERMISSION TO ATTEND SCHOOLS FOR DEAF.

AN ACT relative to the care and education of deaf-mutes.

Chapter 253, Laws of 1874.

Section 1. Application by parent, guardian, etc.; duty of supervisor. Any parent, guardian or friend of any deaf-mute child within this state, over the age of six years and under the age of twelve years, may make application to the supervisor of the town or city where such child may be, for a permit or order

So in the original.

to place such child in the New York Institution for the Deaf and Dumb or in the Institution for the Improved Instruction of Deaf-Mutes, or in any of the deaf-mute institutions of this state, and it shall be the duty of such supervisor, if in his judgment the means of the child, or the parents or parent of such child, will not enable them to defray the expense in a public institution, to grant such permit or order and to cause said child to be received and placed in such one of the institutions of this state for the education of deaf-mutes, as the said supervisor shall select.

WESTERN NEW YORK INSTITUTION FOR DEAF-MUTES,

ROCHESTER.

AN ACT in relation to the Western New York Institution for Deaf-Mutes.

Chapter 331, Laws of 1876.

Section 1. Reception of pupils.-The Western New York Institution for Deaf-Mutes, at Rochester, is hereby authorized to receive deaf and dumb persons between the ages of twelve and twenty-five years, eligible to appointment as state pupils, and who may be appointed to it by the superintendent of public instruction, and the superintendent of public instruction is authorized to make appointments to said institution in the same manner and upon the same conditions as to the New York Insti. tution for the Instruction of the Deaf and Dumb.

§ 2. Powers of supervisors, etc.-Supervisors of towns and wards and overseers of the poor are hereby authorized to send to the Western New York Institution for Deaf-Mutes, deaf and dumb persons between the ages of six and twelve years, in the same manner and upon the same conditions as such persons may be sent to the New York Institution for the Instruction of the Deaf and Dumb, under the provisions of chapter three hundred and twenty-five of the laws of eighteen hundred and sixtythree.