*

66

as amd. by L. 1899, ch. 632), providing that "A female, between the ages of fifteen and thirty years, convicted by any magistrate of petit larceny, habitual drunkenness, of being a common prostitute, of frequenting disorderly houses or houses of prostitution, or of a misdemeanor, and who is not insane, nor mentally or physically incapable of being substantially benefited by the discipline of either of such institutions, may be sentenced and committed to the New York State Reformatory for Women at Bedford," a magistrate of the city of New York has no jurisdiction to sentence a woman to such reformatory unless she is convicted of one or more of the offenses enumerated therein; and a conviction thereunder is improper where it is impossible to determine, from the records and papers relating to the conviction and sentence returned upon writs of habeas corpus and certiorari allowed in her behalf, whether she was convicted of being a prostitute, either "public" or "common," assuming these terms to be practically synonymous, or on the charge of disorderly conduct;" but, assuming that it is reasonably certain that the magistrate intended to convict the relator of "disorderly conduct," then the conviction is not a valid conviction for a misdemeanor, and, therefore, within the purview of the State Charities Law, unless the offense complained of constitutes a misdemeanor as defined by law; and where the record fails to show that the disorderly conduct complained of comes within the meaning of section 1458 of the Consolidation Act, which seems to have been incorporated into the Greater New York charter, or that of section 675 of the Penal Code, relating to the offense of disorderly conduct, so that it constitutes the offense of "disorderly conduct," as therein defined, and, therefore, is a misdemeanor, the relator is properly discharged from custody. Court of Appeals, November, 1903, People ex rel. Clark v. New York State Reformatory for Women, 176 N. Y. 465; Supreme Court, June, 1902, People ex rel. Clark v. New York State Reformatory for Women, 80 App. Div. 448, affirmed.

of

Whenever

§ 147. Return of females improperly committed. it shall appear to the satisfaction of the board of managers of any such institution, that any person committed thereto is not proper age to be so committed or is not properly committed, or is insane or mentally incapable of being materially benefited by the discipline of any such institution, such board of managers shall cause the return of such female to the county from which she was so committed. Such female shall be so returned in the custody of one of the persons employed by such boards of managers to convey to such institutions women committed thereto, who shall deliver her into the custody of the sheriff of the county from which she was committed. Such sheriff shall take such female before the magistrate making the commitment, or some other magistrate having equal jurisdiction in such county, to be by such magistrate resentenced for the offense for which she was

6-VOL. 3

committed to any such institution and dealt with in all respects as though she had not been so committed.

The cost and expenses of the return of such female, necessarily incurred and paid by any such board of managers shall be a charge against the county from which such female was committed, to be paid by such county to such board of managers in the same manner as other county charges are collected.

147-a. Transfers to other institutions. If at any time there shall be more inmates in any of such institutions than can be properly cared for therein, the board of managers shall so inform the state board of charities. The state board of charities may thereupon authorize and direct the transfer of such excess, or any part of such excess of inmates to such one of the other houses of refuge or state reformatories as the state board of charities may designate. The said board of managers shall thereupon transfer to such other institution such number of inmates, preferably those last received by such institution. Such transfers shall be made as follows: The board of managers shall advise the superintendent of the institution so designated of the number to be so transferred, and this officer shall cause them to be taken to such institution and receive and keep them according to their sentences respectively, the same as if they had been originally sentenced thereto. With the inmates so transferred there shall be furnished certified copies of their sentences and commitments. (Added by chapter 169 of the Laws of 1904.)

148. Disposition of children of women so committed.- If any woman committed to any such institution, at the time of such commitment is a mother of a nursing child in her care under one year of age, or is pregnant with child which shall be born after such commitment, such child may accompany its mother to and remain in such institution until it is two years of age and must then be removed therefrom.

The board of managers of any such institution may cause such child to be placed in any asylum for children in this state and pay for the care and maintenance of such child therein at a rate not to exceed two and one-half dollars a week, until the mother of such child shall have been 1 from such institution,

or may commit such child to the care and custody of some relative or proper person willing to assume such care.

If such woman, at the time of such commitment, shall be the mother of and have under her exclusive care a child more than one year of age, which might otherwise be left without proper care or guardianship, the magistrate committing such woman shall cause such child to be committed to such asylum as may be provided by law for such purposes, or to the care and custody of some relative or proper person willing to assume such care.

149. Conveyance of women committed. The board of managers of each such institutions shall employ suitable persons to be known as marshals, to convey from the place of conviction to such institution, all women legally committed thereto, and such marshals shall have the power and authority of deputy sheriffs in respect thereto. All expenses necessarily incurred in making such conveyance shall be paid by the treasurer of the board of managers. In case of the commitment of a woman, who, at the time thereof, is the mother of a nursing child or is pregnant, the board of managers shall designate a woman of suitable age and character to accompany the person so committed, along with the officer or representative, authorized in this section to be employed by such

managers.

§ 150. Detentions and rearrests in cases of escapes.— The board of managers of any such institution may detain therein, under the rules and regulations adopted by them, any female legally committed thereto, according to the terms of the sentence and commitment, and conditionally discharge such female at any time prior to the expiration of the term of commitment.

If an inmate escape or be conditionally discharged from any such institution, the board of managers may cause her to be rearrested and returned to such institution, to be detained therein for the unexpired portion of her term, dating from the time of her escape or conditional discharge. A person employed by the board of managers of any such institution to convey to such institution, women committed thereto, may arrest, without a warrant, an escaped inmate in any county in this state, and shall forthwith convey her to the institution from which she escaped;

and a magistrate may cause an escaped inmate to be arrested and held in custody, until she can be removed to such institution, as in the case of her first commitment thereto.

A person conditionally discharged from any such institution may be arrested and returned thereto, upon a warrant issued by its president and secretary. Such warrant shall briefly state the reason for such arrest and return, and shall be directed and delivered to a person employed by such board of managers to convey to such institutions, women committed thereto, and may be executed by such person in any such county of this state.

§ 151. Employment of inmates. The board of managers of each institution shall determine the kind of employment for women committed thereto and shall provide for their necessary custody and superintendence. The provisions for the safe keeping and employment of such women shall be made for the purpose of teaching such woman a useful trade or profession and improving their mental and moral condition.

Such board of managers may credit such women with a reasonable compensation for the labor performed by them, and may charge them with the necessary expenses of their maintenance and discipline, not exceeding the sum of two dollars per week. If any balance shall be found to be due such women at the expiration of their terms of commitment, such balance may be paid to them at the time of their discharge.

To secure the safe keeping, obedience and good order of the women committed to any such institution, the superintendent thereof, has the same power as to such women, as keepers of jails and penitentiaries possess as to persons committed to their custody.

$152. Clothing and money to be furnished discharged inmates. The board of managers of any such institution may, in their discretion, furnish to each inmate of such institution who shall be discharged therefrom, necessary clothing not exceeding twelve dollars in value, or if discharged between the first day of November and the first day of April to the value of not exceeding eighteen dollars, and ten dollars in money, and a ticket for the transportation of one person from such institution

to the place of conviction of such inmate, or to such other place as such inmate may designate, at no greater distance from such institution than the place of conviction.

§ 153. Board of managers of Bedford reformatory to notify county clerks of completion thereof. As soon as the Bedford Reformatory for Women is completed and ready for the reception. of inmates, the board of managers thereof shall notify the county clerks of Westchester and New York counties and furnish such clerks with suitable blanks for the commitment of women to such institution. Such county clerks, on the reception of such notification, shall transmit a copy thereof to the several magistrates of such counties.

ARTICLE X.

THE THOMAS INDIAN SCHOOL.

Section 160. Establishment of asylum.

161. Board of managers.

162. Powers and duties of the board.

163. Officers; salaries.

164. Superintendent, powers and duties.

165. Treasurer, powers and duties.

Section 160. Establishment of school. The Thomas Indian School, established on the Cattaraugus reservation in the county of Erie, is hereby continued.

Such asylum may sue and be sued in the corporate name of "The Thomas Indian School," and service of process and papers may be made upon the superintendent or any manager of such asylum. (As amended by chapter 67 of the Laws of 1905.)

§ 161. Board of managers. Such asylum shall be under the control and management of a board of managers, consisting of ten members, three of whom shall be Seneca Indians. Such managers and their successors shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold their office for six years, and until others are appointed in their stead, subject to removal for cause by the governor. If any manager fails, without being excused by vote of the board,