NEW YORK INSTITUTION FOR THE BLIND, NEW YORK CITY. AN ACT to amend an act entitled "An act to continue in force 'An act to incorporate the New York Institution for the Blind,' passed April twenty-first, eighteen hundred and thirtyone, and to extend the benefits of said institution," passed April sixteenth, eighteen hundred and fifty-two.

Chapter 166, Laws of 1870.

§ 1. Reception of state pupils; powers of superintendent of public instruction; extension of terms.-The managers of the New York Institution for the Blind are hereby authorized to receive, upon the appointment of the superintendent of publis instruction, made for a term not exceeding five years, all blind persons, residents of the counties of New York and Kings, Queens and Suffolk, between eight and twenty-five years of age, who, in the judgment of the board of managers of said institution, shall be of suitable character and capacity for instruction, and shall have charge of their maintenance, education and support, and shall receive compensation therefor from the state in the same manner as is now provided by law. The term of such appointments may be extended, from time to time by the superintendent of public instruction, on the recommendation of the board of managers of the said New York Institution for the Blind, for such further period as they may deem advantageous in each individual case. (As amended by chapter 166 of the Laws of 1871.)

§ 2. Applications for admission.-Application for admission into the institution shall be made to the board of managers, and each application shall set forth the age, the fact of blindness, and that the applicant is a legal resident of the town, county and state claimed as his or her residence, with such other information as the board may require; and each application shall be sworn to by the applicant, or his or her parents or guardian, and shall be signed by at least one member of the board of supervisors of the county in which the applicant may reside, and also be recommended by the president and super

intendent of the said institution, and transmitted by the said institution to the superintendent of public instruction.

§ 3. Supervisors of New York and Kings, Queens and Suffolk counties to furnish clothing; to pay fifty dollars for each indigent pupil. The supervisors of the county of New York or Kings, Queens and Suffolk, from which state pupils shall be sent to and received in the said institution, whose parents or guardians shall, in the opinion of the superintendent of public instruction, be unable to furnish them with suitable clothing, are hereby authorized and directed, in every year while such pupils are in said institution, to raise and appropriate fifty dollars for each of said pupils from said counties respectively, and to pay the sum so raised to the said institution, to be by it applied to furnishing such pupils with suitable clothing while in said institution. (As) amended by chapter 166 of the Laws of 1871.)

§ 4. Disposition of surplus.-If in any year hereafter there shall be any surplus of the amount above required to be paid yearly by the said counties for clothing for pupils from said counties, respectively, then such surplus shall be deducted pro rata the ensuing year from the amount above required to be paid by the said counties respectively.

THE DEAF AND DUMB.

AN ACT in relation to the New York Institution for the Instruction of the Deaf and Dumb.

Chapter 272, Laws of 1854.

Section 1. Selection of pupils.-Every indigent, deaf and dumb person, resident of this state, between twelve and twentyfive years of age, whose parent or parents, or, if an orphan, whose nearest friend shall have been a resident of this state for three years, and who may make application for that purpose, shall, until provision be made by law for his or her instruction in some other institution or school, be received into the New York institution for the instruction of the deaf and dumb, provided his or her application for that purpose be first approved of by the superintendent of public instruction.

§ 2. How supported.-Each indigent pupil, so received into the institution 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 one hundred and fifty 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 the said institution on his presenting a bill of the actual time and number of pupils attending the institution, and which bill shall be signed and verified by the oath of the president and secretary of the institution. The regular term of instruction for such pupils shall be five years. The indigent pupils, provided for in this act 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.

§ 3. Superintendent may continue pupils for studies in higher branches. It shall be lawful for the superintendent of public instruction to continue at the said institution, for a period not exceeding three years, for the purpose of pursuing a course of studies in the higher branches of learning, such pupils, not exceeding thirty-six in number, as may have completed their full term of instruction, and who may be recommended by the directors of said institution. (As amended by chapter 58 of the Laws of 1885, and chapter 197 of the Laws of 1890.)

CARE AND EDUCATION.

AN ACT to provide for the care and education of indigent deafmutes under the age of twelve years.

Chapter 325, Laws of 1863.

Section 1. Deaf-mutes to be placed in state institutions.Whenever a deaf-mute child, under the age of twelve years, shall become a charge for its maintenance on any of the towns or counties of this state, or shall be liable to become such charge, it shall be the duty of the overseers of the poor of the town, or of the supervisors of such county, 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 the LeCouteulx St. Mary's Institution for the Improved Instruction of Deaf-mutes, in the city of Buffalo, or in the Central New York Institution for Deaf-mutes, in the city of Rome, or in any institution of the state for the education of deaf-mutes. (As amended by chapter 213 of the Laws of 1875.)

§ 2. Deaf-mute children, placing of, upon application of parents, etc., in certain institutions.-Any parent, guardian or friend of a deaf-mute child, within this state, over the age of five years and under the age of twelve years, may make application to the overseer of the poor of any town or to any supervisor of the county where such child may be, showing by satisfactory affidavit or other proof, that the health, morals or comfort of such child may be endangered, or not properly cared for, and thereupon it shall be the duty of such overseer or supervisor 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 the LeCouteulx Saint Mary's Institution for the Improved Instruction of Deaf-Mutes in the City of Buffalo, or in the Central New York Institution for Deaf-mutes in the city of Rome, or in the Albany Home School for the Oral Instruction of the Deaf at Albany, or in any institution of the state, for the education of deaf-mutes, as to which the board of state charities shall have made and filed with the superintendent of public instruction a certificate to the effect that said institution has been duly organized and is prepared for the reception and instruction of such pupils. (As amended by chapter 213 of the Laws of 1875, and chapter 36 of the Laws of 1892.) 3. Expense. The children placed in said institutions, in pursuance of the foregoing sections, shall be maintained therein at the expense of the county from whence they came, provided that such expense shall not exceed three hundred dollars each per year, until they attain the age of twelve years, unless the directors of the institution to which a child has been sent shall find that such child is not a proper subject to remain in said institution. (As amended by chapter 213 of the Laws of 1875.)

§ 4. Id. The expenses for the board, tuition and clothing for such deaf-mute children, placed as aforesaid in said institutions, not exceeding the amount of three hundred dollars per year, above allowed, shall be raised and collected as are other expenses of the county from which said children shall be received; and the bills therefor, properly authenticated by the principal or one of the officers of the institution, shall be paid to said institution by the said county; and its 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. (As amended by chapter 213 of the Laws of 1875.)

THE CONSOLIDATED SCHOOL LAW.

Chapter 556, Laws of 1894.

ARTICLE XII.

ORPHAN SCHOOLS.

§ 32. The schools of the several incorporated orphan asylum societies in this state, other than those in the city of New York, shall participate in the distribution of the school moneys, in the same manner and to the same extent, in proportion to the number of children educated therein, as the common schools in their respective cities or districts. The schools of said societies shall be subject to the rules and regulations of the common schools in such cities or districts, but shall remain under the immediate management and direction of the said societies as heretofore.

James Sargent, Appellant, v. The Board of Education of the City of Rochester et al., Respondents.

1. ORPHAN ASYLUMS. Payment of public moneys for secular education of inmates. St. Mary's Boys' Orphan Asylum of the city of Rochester, incorporated under chapter 319 of the Laws of 1848, is neither a school nor an institution of learning within the meaning of section 4 of article 9 of the Constitution prohibiting the payment of public moneys to a denominational school or institution of learning, but on the contrary is an orphan asylum within the meaning of section 14 of article 8 of the Constitution permitting the payment of public moneys for the secular education of the inmates therein.