§ 164. Superintendent, powers and duties. The superintendent shall be the chief executive officer of such asylum, and in his absence or sickness, the matron shall perform the duties, and be subject to the responsibilities of the superintendent. Subject to the by-laws, rules and regulations established by the board of managers, such officers shall have the general superintendence of the buildings, grounds, and farm, together with their furniture, fixtures and stock, and shall:

1. Daily ascertain the condition of all the children and prescribe their conduct..

2. Appoint, with the approval of the board of managers, the other resident officers, assistants and employes not otherwise provided for, that he may think necessary for the economical and efficient performance of the business of the asylum, and prescribe their duties, and he may discharge them at his discretion.

3. Cause full and fair accounts and records of all his doings, and of the entire business and operation of the asylum to be kept regularly, from day to day, in books provided for that purpose.

4. See that all such accounts and records are justly made up for the annual report to the legislature, as required by this act, and present the same to the board of managers, who shall incorporate them into their report to the legislature.

5. Keep in a book, in which he shall cause to be entered, at the time of the reception of any child, his name, age, residence, and the names of his parents (if any), to what reservation and tribe he belongs, and the date of such reception, and by whom brought, and the condition of the general health of such child.

$165. Treasurer, powers and duties. The treasurer shall have the custody of all moneys, obligations and securities belonging to the asylum. He shall:

1. Open with some good and solvent bank, conveniently near the asylum, an account in his name as such treasurer, and deposit all moneys, upon receiving the same, therein, and draw from the same in the manner prescribed by the by-laws, specifying the object of payment.

2. Keep a full and accurate account of all receipts and payments in the manner directed by the by-laws, and such other

accounts as the board of managers shall prescribe, render a statement to the board of managers whenever required by them.

ARTICLE XI.

Section 170. Laws repealed.

171. When to take effect.

Section 170. Laws repealed. Of the laws enumerated in the .schedule hereto annexed, that portion specified in the last column. is repealed.

§ 171. When to take effect. This chapter shall take effect on October first, eighteen hundred and ninety-six.

6

THE STATE INDUSTRIAL SCHOOL, ROCHESTER. AN ACT to amend chapter five hundred and thirty-nine of the laws of eighteen hundred and eighty-six, entitled "An act changing the name of the Western House of Refuge for Juvenile Delinquents in Western New York,' to 'The State Industrial School,' and relating to discipline and instruction therein, and commitments thereto, and making an appropriation therefor."

Chapter 470, Laws of 1893.

Section 1. Section three of chapter five hundred and thirtynine of the laws of eighteen hundred and eighty-six is hereby amended to read as follows:

§ 3. It shall be lawful for the board of managers of the state industrial school to receive into said school all male children who have heretofore been, or who may hereafter be, sentenced to the western house of refuge for juvenile delinquents, or to the house of refuge for juvenile delinquents in western New York or to the state industrial school, and to retain the same, subject to the rules and regulations of said institution, and said board of managers shall have the right, and it shall be their duty to receive and detain all such persons committed to their custody, and such right and duty shall not be affected, prejudiced or impaired by reason of, or in consequence of, any technical defect or clerical error in the warrant of commitment.

The several courts having criminal jurisdiction and who shail hold criminal courts in all the counties of this state, except the counties of New York and Kings, are hereby authorized to sentence male juvenile delinquents convicted in any of such courts to such state industrial school. (As amended by chapter 221 of the Laws of 1904.)

COMMITMENTS TO THE STATE INDUSTRIAL SCHOOL, THE HOUSE OF REFUGE ON RANDALL'S ISLAND AND THE NEW YORK STATE TRAINING SCHOOL FOR GIRLS.

Provisions of the Penal Code.

§ 701. House of refuge, State industrial school, and New York state training school for girls. Where a male person under the age of twelve years is convicted of a crime amounting to felony, or where a male person of twelve years and under the age of sixteen years is convicted of a crime, the trial court may, instead of sentencing him to imprisonment in a state prison or in a penitentiary, direct him to be confined in a house of refuge under the provisions of the statute relating thereto. Where the conviction is had and the sentence is inflicted in the first, second or third judicial district, the place of confinement must be a house of refuge established by the managers of the society for the reformation of juvenile delinquents in the city of New York; where the conviction is had and the sentence inflicted in any other district, the place of confinement must be in the state industrial school. Where a female person not over the age of twelve years is convicted of a crime amounting to felony, or where a female person of the age of twelve years and not over the age of sixteen years is convicted of a crime, the trial court may, instead of sentencing her to imprisonment in a state prison or in a penitentiary, direct her to be confined in the New York state training school for girls, under the provisions of the statute relating thereto. But nothing in this section shall affect any of the provisions contained in section seven hundred and thirteen. (As amended by chapter 554 of the Laws of 1896, and chapter 388 of the Laws of 1904.)

713. Disposition to be made of persons under sixteen convicted of crime.-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 provisions 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 committed to an institution governed by persons of the same relgious faith as the parents of such child. (As amended by chap ter 46 of the Laws of 1884.)

COMMITMENTS TO HOUSES OF REFUGE AND THE NEW YORK STATE REFORMATORY FOR WOMEN AT BEDFORD.

Provisions of the Penal Code.

698. Imprisonment of female convict.-Any women over the age of sixteen years, who shall be convicted of a felony in any of the courts of this state, shall, when the sentence imposed is one year or more, be sentenced to imprisonment in the state prison for women at Auburn. When the sentence imposed is less than one year, she may be committed to the county jail of the county where convicted, or to a penitentiary, or to the state prison for women at Auburn. A woman between the ages of fifteen and thirty, convicted of a felony, who has not theretofore been convicted of a crime punishable by imprisonment in a state prison, may in the discretion of the trial court be sentenced to a house of refuge or reformatory for women, to be there confined under the provisions of law relating to such house of refuge or reformatory. (As amended by chapter 114 of the Laws of 1900.)