fair and full record of the doings of the board, which shall be open at all times to the inspection of its members and such other persons and officers of the state as are by law vested with the powers of visitation and inspection, or appointed by the governor, the legislature or other competent authority to make an inspection or investigation of the institution.

ARTICLE 14

Thomas Indian School

Section 270. Establishment of asylum.

271. Board of managers.

272. Powers and duties of board of managers.

273. Officers; salaries.

274. Superintendent, powers and duties.

275. Treasurer, powers and duties.

276. Transfers to other institutions.

270. Establishment of asylum. The Thomas Indian school, established on the Cattaraugus reservation in the county of Erie, is continued. Said asylum may sue and be sued in the corporate name of "Thomas Indian school" and service of process and papers may be made upon the superintendent or any manager of such asylum.

§ 271. Board of managers. Said asylum shall be under the control and management of a board of managers, consisting of seven members, three of whom shall be Seneca Indians. Such managers shall be appointed in accordance with the provisions of section fifty-one of this chapter. (As amended by chapter 449 of the Laws of 1910.)

§ 272. Powers and duties of board of managers. The board of managers shall have the general direction and control of all the property and concerns of said asylum, not otherwise provided for by law. They may acquire and hold, in

the name of and for the people of the state of New York, property, by grant, gift, devise or bequest, except reservation lands, which may be held by those managers who are Seneca Indians, to be applied to the maintenance of orphan and destitute Indian children, and the general use of the asylum. They shall:

1. Adopt, with the approval or consent of the state board of charities, by-laws for the regulation and management of said asylum, and regulating the appointment and duties of officers, assistants and employees of the asylum, and ordain and enforce a suitable system of rules and regulations for the internal gov ernment, discipline and management of the same.

2. Take care of the general interests of the asylum, and see that its design is carried into effect according to law, and its by-laws, rules and regulations. They shall, on application, receive destitute and orphan Indian children from any of the several reservations located within this state, and shall furnish them such care, moral training and education, and such instruction in husbandry and the arts of civilization as shall be prescribed by their by-laws, rules and regulations.

3. Keep in a book provided for that purpose, a fair and full record of their doings, which shall be open at all times to the inspection of the governor, the state board of charities or any person appointed to examine the same by the governor, the state board of charities, the fiscal supervisor, or either house of the legislature.

4. Enter in a book kept by them for that purpose, the date of each visit, the condition of the asylum and the children therein, and its property, and all such managers present shall sign such entries.

5. Make, annually, on or before the fifteenth day of January, a report to the legislature of the condition of said asylum. including a true account, in detail, of the receipts and disburse ments of all moneys that shall come into their hands, or under their control, the number, age and sex of such destitute orphan children in said asylum, with the name of the reservation to which they belong, and the proportion of the year each has been maintained and instructed in said asylum, and such suggestions and

recommendations as they may deem proper, or which may be required of them by the state board of charities. (As amended by chapter 149 of the Laws of 1909, and chapter 449 of the Laws of 1910.)

§ 273. Officers; salaries. Such board shall appoint for the asylum, as often as necessary, and for cause, after an opportunity to be heard, remove:

1. A superintendent, a matron and a well educated physician, who shall be a graduate of an incorporated medical college.

2. A treasurer, who shall give a bond to the people of the state for the faithful performance of his trust, with such sureties and in such amount as the comptroller of the state shall approve. The superintendent, matron and other assistants shall constantly reside in the school, or on the premises, and shall be designated the resident officers of the school. The physician shall visit said school at such times, and perform such duties as shall be prescribed by the by-laws, rules and regulations of the school. The salary classification commission shall from time to time, with the approval of the governor, as provided by section seventeen of the state finance law, fix the annual salaries and allowances of such officers. Such salaries shall be paid in equal monthly instalments by the treasurer on the warrant of the board of managers, countersigned by the superintendent thereof, and certified as correct. (As amended by chapter 149 of the Laws of 1909.)

The

§ 274. Superintendent, powers and duties. superintendent shall be the chief executive officer of said asylum, and in the absence or sickness of the superintendent 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 officer 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 employees not otherwise provided for, that they may think necessary for the economical and efficient performance of the business of the asylum, and prescribe their duties, and discharge them when necessary.

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 article, and present the same to the board of managers, who shall incorporate them into their report to the legislature.

5. Keep a book, in which shall 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. (As amended by chapter 449 of the Laws of 1910.)

§ 275. 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, and render a statement to the board of managers whenever required by them.

276. Transfers to other institutions. Whenever the number of Indian children in the Thomas Indian school on the Cattaraugus reservation, duly admitted thereto, shall be in excess of its proper capacity, or the applications for admission. of such Indian children to said asylum shall exceed its proper εccommodations therefor, or whenever, in the opinion of the trustees of said asylum, the comfort and well-being of any such Indian children therein will likely be promoted by their removal to other asylums, hospitals or institutions for the custody, care and treatment of orphan, dependent or sick children, they may, with the approval of the state board of charities, contract with the managers or other authorities of such asylums, hospitals or institutions as they may deen desirable for the reception, care and treatment of such Indian children, as may, from time to time, be transferred thereto, at a fixed weekly per capita rate not exceeding two dollars, except in the case of sick children requiring hospital treatment and care, when the fixed weekly per capita rate shall not exceed three dollars.

ARTICLE 15

Licensing Dispensaries

Section 290. Definition of dispensary.

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

292. Rules and regulations.

293. Revocation of licenses.

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

295. Violation of article, misdemeanor.

296. Obtaining surgical or medical treatment on false representations, misdemeanor.

§ 290. Definition of dispensary. For the purposes of this article, a "dispensary" is declared to be any person, corporation, institution, association or agent, whose purpose it is, either independently or in connection with any other purpose, to furnish, at any place or places, to persons nonresident therein,