Such a gift offends against section 14 of article VIII which confines gifts by a city to a charitable institution wholly or partly under private control to payments for inmates received and retained pursuant to rules established by the State Board of Charities, and does not permit a payment for transfer of property by way of endowment.

The language of section 14 of the Constitution clearly contemplates payment of money for these purposes, to be applied subject to the rules and regulations established by the Board of Charities. This is now the authority for the application of property and money in aid of private institutions that have voluntarily assumed the public obligation, and the provision is that no "payments shall be made for any inmate of such institutions who is not received and retained therein pursuant to rules established by the State Board of Charities; " thus clearly contemplating that the basis of the appropriation shall have relation to the number of inmates provided for in the particular institutions, the rate of payment being placed upon a per capita basis. Supreme Court, March, 1904, The Mount Sinai Hospital, Respondent, v. David H. Hyman, Appellant, 92 App. Div. 270.

15. Commissioners of the state board of charities and commissioners of the state commission in lunacy, now holding office, shall be continued in office for the term for which they were appointed, respectively, unless the legislature shall otherwise provide. The legislature may confer upon the commissions and upon the board mentioned in the foregoing sections any additional powers that are not inconsistent with other provisions of the constitution.

STATUTE LAWS.

AN ACT relating to State Charities, constituting chapter 26 of the General Laws.

Chapter 545, Laws of 1895, as amended by chapters 437, Laws of 1897; 359 and 536, Laws of 1898; 368, 504 and 632, Laws of 1899; 49, Laws of 1000; 252 and 356, Laws of 1902; 473, Laws of 1903; 165, 167, 169, 453, 462 and 545, Laws of 1904; 452, 457, 458, 459 and 613, Laws of 1905; 225 and 685, Laws of 1906; 283 and 380, Laws of 1907.

THE STATE CHARITIES LAW.

Article I. State board of charities. (§§ 1-26.)

II. State charities aid association.

(S$ 30-32.)

III. Regulation of state charitable institutions and reports to and accounts against municipalities.

($$ 40-53.)

IV. Syracuse state institution for feeble-minded children. (§§ 60-70.)

V. State custodial asylum for feeble-minded women. (§§ 80-83.)

VI. Rome state custodial asylum. (§§ 90-94.)

VII. The Craig colony for epileptics. (§§ 100-115.) VIII. Institutions for juvenile delinquents. ($S 120139c.)

IX. Houses of refuge and reformatories for women. ($140-153.)

X. The Thomas Indian school. (S$ 160-165.)

XI. Laws repealed; when to take effect. (§§ 170-171.)

ARTICLE I.

STATE BOARD OF CHARITIES.

Section 1. Short title.

2. Definitions.

3. State board of charities.

4. Officers of the board.

5. Compensation and expenses of commissioners.

Section 6. Meetings and effect of nonattendance. 7. Office room and supplies.

8. Official seal, certificates and subpoenas.

9. General powers and duties of board.

10. Visitations, inspection and supervision of institutions. 11. Powers and duties of board on visits and inspections. 12. Investigations of institutions.

13. Orders of board directed to institutions.

14. Correction of evils in administration of institutions. 15. Duties of the attorney-general and district attorneys. 16. State, nonresident and alien poor.

17. Reports of state board of charities.

18. Institutions for the deaf and dumb and the blind.

19. What is a dispensary?

20. Licensing of dispensaries by the state board of charities.

21. Rules and regulations.

22. Revocation of licenses.

23. Drug store or tenement house not to be used by dispensary; unlawful display of signs.

24. Penalty for violation.

25. False representations.

26. Acts repealed.

Section 1. Short title. This chapter shall be known as the state charities law.

§ 2. Definitions. The term state charitable institutions, when used in this chapter, shall include all institutions of a charitable, eleemosynary, correctional or reformatory character, supported in whole or in part by the state, except institutions for the instruction of the deaf and dumb and the blind and such institutions which, by section eleven, article eight of the constitution, are made subject to the visitation and inspection of the commission in lunacy or the prison commission, whether managed or controlled by the state or by private corporations, societies or associations.

§ 3. State board of charities.-There shall continue to be a state board of charities, composed of twelve members, who shall be appointed by the governor, by and with the advice and consent

of the senate, one of whom shall be appointed from, and reside in each judical district of the state, and three from the city of New York, who shall reside in such city. They shall be known as commissioners of the state board of charities, and hold office for eight years. No commissioner shall qualify or enter upon the duties of his office, or remain therein, while he is a trustee, manager, director or other administrative officer of an institution subject to the visitation and inspection of such board. The commissioners in office at the time this chapter takes effect, shall continue in office for the terms for which they were respectively appointed. (As ameded by chapter 437 of the Laws of 1897 and chapter 380 of the Laws of 1907.)

4. Officers of the board.-The board may elect a presideni, and vice-president from its own members, and shall appoint and continue to have a secretary, and may appoint such other officers, inspectors and clerks as it may deem necessary or proper and fix their compensation; who shall respectively hold their office during the pleasure of the board.

§ 5. Compensation and expenses of commissioners.-The compensation of each commissioner, in recognition of the provisions of the constitution, is fixed at ten dollars for each day's attendance at meetings of the board or of any of its committees, not exceeding in any one year the sum of five hundred dollars. The expenses of each commissioner, necessarily incurred while engaged in the performance of the duties of his office, and his outlay for any assistance that may have been required in the performance of such duties, on the same being paid out and certified by the commissioner making the charge, shall be paid by the treasurer, on the warrant of the comptroller.

§ 6. Meetings and effect of non-attendance.-The board may adopt rules and orders, regulating the discharge of its functions and d. fining the dutics of its officers. It shall, by rule, provide for holding stated and special meetings. Six members regularly convened shall constitute a quorum. The failure on the part of any commissioner to attend three consecutive meetings of the board during any calendar year, unless excused by a formal vote of the board, may be treated by the governor as a resigntion by such non-attending commissioner and the governor may

appoint his successor. The annual reports of the board shall give the names of commissioners present at each of its meetings. § 7. Office room and supplies.-The trustces of public buildings shall furnish and assign to such board, in the capitol, at Albany, suitably furnished rooms for its office and place of holding meetings, and the comptroller shall furnish it with all necessary journals, account books, blanks and stationery.

§ 8. Official seal, certificates and subpoenas.-The board shall cause a record to be kept of its prececdings by its secretary or other proper officer, and it shall have and use an official seal; and the records, its proceedings and copies of all papers and documents in its possession and custody may be authenticated in the usual form, under such seal and the signature of its president or secrtary, and shall be received in evidence in the same manner and with like effects as deeds regularly acknowledged or proven; it may issue subpoenas, which, when authenticated by its president and secretary, shall be obeyed and enforced in the same manner as obedience is enforced to an order or mandate made by a court of record.

§ 9. General powers and duties of board.-The state board of charities shall visit, inspect and maintain a general supervision of all institutions, societies or associations which are of a charitable, eleemosynary, correctional or reformatory character, whether state or municipal, incorporated or not incorporated, which are made subject to its supervision by the constitution or by law; and shall,

1. Aid in securing the just, humane and economic administration of all institutions subject to its supervision.

2. Advise the officers of such institution in the performance of their official duties.

3. Aid in securing the erection of suitable buildings for the accommodation of the inmates of such institutions aforesaid.

4. Approve or disapprove the organization and incorporation of all institutions of a charitable, eleemosynary, correctional or reformatory character which are or shall be subject to the supervision and inspection of the board.

5. Investigate the management of all institutions made subject to the supervision of the board, and the conduct and efficiency