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or apparently under the age of sixteen years, unless accompanied by its parent or guardian; or,)
2. Suffers or permits any such child to play any game of skill or chance in any such place, or in any place adjacent thereto, or to be or remain therein, or admits to or allows to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof is smoked, any child actually or apparently under the age of sixteen years; or, ( 3. Sells or gives away, or causes or permits or procures to be sold or given away to any child actually or apparently under the age of sixteen years any beer, ale, wine, or any strong or spirituous liquor; or, )
4. Being a pawnbroker or person in the employ of a pawnbroker, makes any loan or advance or permits to be loaned or advanced to any child actually or apparently under the age of sixteen years any money, or in any manner directly or indirectly receives any goods, chattels, wares or merchandise from any such child in pledge for loans made or to be made to it or to any other person or otherwise howsoever; or,
5. Sells, pays for or furnishes any cigar, cigarette or tobacco in any of its forms to any child actually or apparently under the age of sixteen years: Is guilty of a misdemeanor.) Pen. Code, § 290, as am'd L. 1884, c. 46; L. 1886, c. 31, and L. 1889, c. 170.' 101 N. Y. 195, 197.
47 Same: commitment of to reformatory; to be kept separate from adults. Any child actually or apparently under the age of sixteen years who is found:
1. Begging or receiving or soliciting alms, in any manner or under any pretense; or gathering or picking rags, or collecting cigar stumps, bones or refuse from markets; or
2. Not having any home or other place of abode or proper guardianship; or who has been abandoned or improperly exposed or neglected, by its parents or other person or persons having it in charge, or being in a state of want or suffering; or
3. Destitute of means of support, being an orphan, or living or having lived with or in custody of a parent or guardian who has been sentenced to imprisonment for crime, or who has been convicted of a crime against the person of such child, or has been adjudged an habitual criminal; or
4. Frequenting or being in the company of reputed thieves or prostitutes, or in a reputed house of prostitution or assignation, or living in such a house either with or without its parent or guardian, or being in concert saloons, dance-houses, theatres, museums or other places of entertainment, or places where wines, malt or spirituous liquors are sold, without being in charge of its parent or guardian; or playing any game of chance or skill in any place wherein or adjacent to which any beer, ale, wine or liquor is sold or given away, or being in any such place; or
5. Coming within any of the descriptions of children mentioned in section two hundred and ninety-two, must be arrested and brought before a proper court or magistrate, who may commit the child to any incorporated charitable reformatory, or other institution, and when practicable, to such as is governed by persons of the same religious faith as the parents of the child, or may make any disposition of the child such as now is, or hereafter may be authorized in the cases of vagrants, truants, paupers or disorderly persons, but such commitment shall, so far as practicable, be made to such charitable or reformatory institutions. Whenever any child shall be committed to an institution under this code, and the warrant of commitment shall so state, and it shall appear therefrom that either parent, or any guardian or custodian of such child was present at the examination before such court or magistrate, or bad such notice thereof as was by such court or magistrate deemed and adjudged sufficient, no further or other notice required by any local or special statute, in regard to the committal of of* children to such institution, shall be necessary, and such commitment shall in all respects be
* So in the original.
magistrate shall recany omisdocument the age the
sufficient to authorize such institutions to receive and retain such child in its custody as therein directed. Whenever any commitment of a child shall for any reason be adjudged or found defective, a new commitment of the child may be made or directed by the court or magistrate, as the welfare of the child may require. And no commitment of a child which shall recite therein the facts upon which it is based shall be deemed invalid by reason of any omission of the court or magistrate by whom such commitment is made to file any documents, papers or proceedings relating thereto, or by reason of any limitation as to the age of the child committed, contained in the act or articles of incorporation of the institution to which it may have been committed.
6. Any magistrate having criminal jurisdiction may commit, temporarily, to an institution authorized by law to receive children on final commitment, and to have compensation therefor from the city or county authorities, any child under the age of sixteen years, who is held for trial on a criminal charge; and may, in like manner, so commit any such child held as a witness to appear on the trial of any criminal case; which institution shall thereupon receive the same, and be entitled to the like compensation proportionally therefor as on final commitment, but subject to the order of the court as to the time of detention and discharge of the child. Any such child convicted of any misdemeanor shall be finally committed to some such institution, and not to any prison or jail, or penitentiary, longer than is necessary for its transfer thereto. No child under restraint or conviction, actually or apparently under the age of sixteen years, shall be placed in any prison or place of confinement, or in any court-room, or in any vehicle for transportation in company with adults charged with or convicted of crime.
7. Added L. 1890, c. 417. No child actually or apparently under sixteen years of age shall smoke or in any way use any cigar, cigarette or tobacco in any form whatsoever in any public street, place or resort. A violation of this subdivision shall be a misdemeanor and shall be punished by a fine not exceeding ten dollars and not less than two dollars for each offense.
7. Added by L. 1892, c. 217, and am'd L. 1896, c. 414. All cases involving the commitment or trial of children for any violation of the penal code, in any police court or court of special sessions, may be heard and determined by such court, at suitable times to be designated therefor by it, separate and apart from the trial of other criminal cases, of which session a separate docket and record shall be kept. And all such cases and cases of offenses by, or against the person of, a child under the age of sixteen years shall have preference over all other cases before all magistrates and in all courts and tribunals in this state both civil and criminal; and where a child is committed or detained as a witness in any case such case shall be brought to trial or otherwise disposed of without delay, whether the defendant be in custody or enlarged on bail. Pen. Code, § 291, as am'd L. 1884, c. 46; L. 1886, c. 31; L. 1888, c. 145, § 6; L. 1890, c. 417; L. 1892, c. 217, and L. 1896, c. 414. 12 Hun, 131; 54 id. 372; 34 id. 463; 38 id. 128, 135, 136; 64 How. Pr. 285; 66 id. 297; 1 N.
Y. Cr. R. 509; 18 W. D. 514; 13 Abb. N. C. 193; 1 How. Pr. N. S. 133, 138; 106 N. Y. 608, aff' g 44 Hun, 527; 101 N. Y. 195; 123 id. 640; 57 Hun, 312; 32 N. Y. St. R. 496;
2 X. Y. Supp. 248; 3 id. 538, 668; 10 id. 605; 11 id. 852. 48 Certain employment of children a misdemeanor. A person who employs or causes to be employed, or who exhibits, uses, or has in custody, or trains for the purpose of the exhibition, use or employment of, any child actually or apparently under the age of sixteen years; or who having the care, custody or control of such a child as parent, relative, guardian, employer, or otherwise, sells, lets out, gives away, so trains, or in any way procures or consents to the employment, or to such training, or use, or exhibition of such child; or who neglects or refuses to restrain such child from such training, or from engaging or acting, either
1. As a rope or wire walker, gymnast, wrestler, contortionist, rider or acrobat; or upon any bicycle or similar mechanical vehicle or contrivance; or,
. In begging or receiving or soliciting alms in any manner or under any
14. In any such child natural physic@or place da
on. 10 W
n K14. 27. Hinn 496. 2 City C+ 12 n. 141 N
129. 70. Hun 233
pretense, or in any mendicant occupation; or in gathering or picking rags, or collecting cigar stumps, bones or refuse from markets; or in peddling; or
3. In singing; or dancing; or playing upon a musical instrument; or in a theatrical exhibition; or in any wandering occupation; or,
4. In any illegal, indecent or immoral exhibition or practice; or in the exhibition of any such child when insane, idiotic, or when presenting the appearance of any deformity or unnatural physical formation or development; or
5. In any practice or exhibition or place dangerous or injurious to the life, liinb, health or morals of the child, is guilty of a misdemeanor. But this section does not apply to the employment of any child as a singer or musician in a church, school or academy; or in teaching or learning the science or practice of music; or as a musician in any concert or in a theatrical exhibition, with the written consent of the mayor of the city, or the president of the board of trustees of the village where such concert or exhibition takes place. Such consent shall not be given unless forty-eight hours previous notice of the application shall have been served in writing upon the society mentioned in section two hundred and ninety-three of the penal code, if there be one within the county, and a hearing had thereon if requested, and shall be revocable at the will of the authority giving it. It shall specify the name of the child, its age, the names and residence of its parents or guardians, the nature, time, duration and number of performances permitted, together with the place and character of the exhibition. But no such consent shall be deemed to authorize any violation of the first, second, fourth or fifth subdivisions of this section. Pen. Code, § 292, as am'd L. 1884, c. 46; L. 1886, c. 31, and L. 1892, c. 309. 99 N. Y. 204: 18 W. D. 514; 37 Hun,,426; 2. City 239, 243; 24 Abb. N. C. 357; 32 N. Y. St. R. 496; 47 id. 501; 54 id. 349, 350, 560; 19
: 1220 . i ó 950 F . 19 N. Y. Supp. 933; 24 id, 500, 776, 781. 49 Duty and powers of constables, etc.; interference with officer of society; fines, how applied. A constable or police officer must, and any agent or officer of any incorporated society for the prevention of cruelty to children may, arrest and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of this chapter* and any minor coming within any of the descriptions of children mentioned in section two hundred and ninety-one, or in section two hundred and ninety-two. Such constable, police officer or agent may interfere to prevent the perpetration in his presence of any act forbidden by this chapter.* A person who obstructs or interferes with any officer or agent of such society in the exercise of his authority under this chapter, is guilty of a misdemeanor. (All fines, penalties and forfeitures imposed or collected for a violation of the provisions of this code or of any act relating to or affecting children, now in force or hereafter passed, must be paid on demand to the incorporated society for the prevention of cruelty to children in every case where the prosecution shall be instituted or conducted by such a society; and any such payment heretofore made to any such society may be retained by it. Pen. Code, & 293, as am'd L. 1888, c. 145, § 7. 24 Abb. N. C. 257.
50 Sentence of minor under sixteen. When a person under the age of sixteen is convicted of a crime, he may, in the discretion of the court, instead of being sentenced to fine or imprisonment, be placed in charge of any suitable person or institution willing to receive him, and be thereafter, until majority or for a shorter term, subjected to such discipline and control of the person or institution receiving him as a parent or guardian may lawfully exercise over a minor. A child under sixteen years of age committed for misdemeanor, under any provision of this code, must be committed to some reformatory, charitable or other institution authorized by law to receive and take charge of minors. And when any such child is committed to an institution it shall, when practicable, be com
* This subject, $$ 43–49.
mitted to an institution governed by persons of the same religious faith as the parents of such child. Pen. Code, $ 713, as am'd L. 1884, c. 46.
57 Hun, 312; 79 id. 580; 32 N. Y. St. R. 496; 61 id. 580; 10 N. Y. Supp. 605. ABANDONMENT OF; see Disorderly Persons, $ 7. ABDUCTION OF; see Abduction; Kidnapping. ADMINISTRATION BY; see Executors, etc., $ 24. ADVANCEMENT TO; see Advancement. AGE OF, HOW DETERMINED; see Evidence, $ 93. AGE OF CONSENT; see Abduction, $ 1; Divorce, SS 2, 3; Domestic Relations Law, $ 4;
Marriage, $ 2; Rape, $ 1. BASTARD; see Bastardy. BINDING'Our; see Domestic Relations Law, $ 72; Poor Law, $ 98. BLIND; see Blind. CARRYING ARMS; see Weapons, SS 5–7. COLORED; see Consolidated School Law, SS 287–290. COMMITMENT, ETC., OF; see Appeals, ss 105, 127; Commitment, $ 30; County Law, $ 101;
Disorderly Persons, SS 3-5; Prisons, SS 229-234; Sentence, ss 6-8. CONCEALING BODY OF; see Concealing Birth or Death. CORRECTION OF; see Assault, $ 7. CRUELTY TO; see Animals, $ 49; Courts of Special Sessions, § 1; Membership Corpora
tions Law, 88 7, 16, 31, 70, 72. CUSTODY AND MAINTENANCE OF; see Disorderly Persons, S 9; Divorce, SS 10, 25, 28, 30, 31;
Executors, etc., SS 41, 83, 84; Insanity Law, SS 62, 66; Insolvency, $ 80; Poor
Law, SS 153–169. DEAF AND DUMB; see Deaf and Dumb. DEFENCE OF; see Homicide, $ 27. DISTRIBUTIVE RIGHTS; see Executors, etc., S 96. DUTY OF, TO MAINTAIN PARENT; see Insane Persons, SS 62, 68; Poor Law, SS 157-169. EDUCATION OF; see Consolidated School Law; Poor Law, SS 560-56h. EMPLOYED AS MESSENGERS; see Messenger Boys. EXEMPTED FROM VAGRANT ACT; see Vagrants, $ 16. GUARDIANSHIP OF; see Guardian and Ward. HOMES OR INSTITUTIONS FOR; see Constitution, $ 118. INDIAN, ASYLUM FOR; see State Charities Law, $8 160-165a. INHERITANCE, ETC., BY; see Emigrants, $ 25; Executors, etc., S 96; Heirs; Legatees, etc.;
Real Property Law; Wills, 88 25, 33. INSURANCE FOR BENEFIT OF; see Domestic Relations Law, SS 220, 226. INSURING LIVES OF; see Insurance Law, $ 55. KILLING UNBORN; see Abortion; Homicide, SS 12, 13, 16. LEGITIMATE AND ILLEGITIMATE; see Bastardy : Divorce, SS 4, 8, 18, 19; Domestic Rela
tions Law, S 18.
CHILI, Town OF.
CHIROPODY. 1 Organization of society; corporate name. It shall be lawful for the chiropodists of this state to meet together at thirteen hundred and seven Broadway in the city of New York, on the first Monday of June, eighteen hundred and ninetyfive, at two o'clock in the afternoon of that day, and such chiropodists so convened as aforesaid or any part of them, not less than five in number, shall proceed to the choice of a president, vice-president, secretary and treasurer, and an adrisory board of three members, all of whom shall hold their offices for one year
and until others shall be chosen in their places, and whenever such convention shall be held and the society so organized, it shall be and hereby is constituted a body corporate in fact and under the name of “The Pedic Society of the State of New York.” L. 1895, c. 864, § 1.
2 Filing of records and proceedings. The secretary of said society shall lodge in the office of the secretary of state, a copy of its records and proceedings had at the organization thereof, and the secretary of state shall file the same in his office and shall receive therefor a fee of one dollar. Id., $ 2.
3 Eligibility to membership without examination. All chiropodists practicing as such within the state of New York, at the time of the passage of this act, shall be eligible to membership in said society, without the examination hereinafter directed, and shall receive from the board of examiners mentioned in section four of this act, upon application after the organization of the society, a certificate or diploma under the hands of said examiners and the seal of said society, which certificate shall entitle the person to whom it is issued to practice chiropody within this state, upon first filing the same with the county clerk of the county in which such person resides. Id., $ 3.
4. Board of examiners; examinations. The said society at its first meeting, held as aforesaid, shall elect three members thereof as a board of examiners to continue in office for three years from such election and until their successors shall be elected, and whose duty it shall be to examine all applicants except as provided in section three hereof, for the certificate or diploma of said society, permitting such applicant to practice chiropody within the state of New York. Such examination shall be conducted by oral or written questions or both at least twice in each year, at such times and places as may be appointed by the said board of examiners, and the applicants must show an average proficiency of seventy-five per cent. to entitle them to receive such certificate. The following branches shall be the subjects upon which such examinations shall proceed: The anatomy and physiology of the feet, therapeutics, chemistry, minor surgery and bandaging. An examination fee of ten dollars, payable in advance, may be exacted by the said board of examiners from each applicant, and each applicant shall be entitled to not more than three examinations on payment of said fee; but no person shall be so examined or receive such certificate unless he or she shall be a citizen of the United States of America and a resident of the state of New York, at the time of taking such examination, and unless he or she shall be over the age of twenty-one years at said time. Id., § 4.
5 Fee for certificate of qualification. Every person on receiving the certificate of qualification mentioned in the preceding section shall pay into the tregsury of said society the sum of fifteen dollars. Id., $ 5.
6 Real and personal property. The said “ The Pedic Society of the State of New York ” may purchase and hold such real and personal estate as the purposes of its corporation may require, but such property shall not exceed in value the sum of one hundred and fifty thousand dollars. Id., $ 6.
7 Rules and regulations. The said “The Pedic Society of the State of New York” may make all needful by-laws, rules and regulations not inconsistent with any existing law, for the management of its affairs and property. Id., § 7.
8 Privileges and immunities. « The Pedic Society of the State of New York," hereby created, shall be entitled to all the privileges and immunities granted to medical, dental and veterinary societies of this state. Id., § 8.
9 Misdemeanor. Any person who shall knowingly and falsely claim or pretend to have or hold a certificate of qualification or diploma granted by the said “ The Pedic Society of the State of New York,” or who shall falsely and with intent to deceive the public, claim or pretend to be a member of said society, not being such member, shall be deemed guilty of a misdemeanor and punished accordingly. Id., $ 9.