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pupils, it is subject to the supervision and rules of the State Board of Charities. Id.

INSTITUTION EDUCATIONAL IN PART. Such institution, so far as it educates pupils who pay for their tuition, board and maintenance, is not to be regarded as a charitable, but only as an educational institution, and as to those pupils the Board of Charities has no jurisdiction or power of supervision.

INSTITUTION OF CHARITABLE CHARACTER. Such institution, being to an extent charitable as well as educational, falls within the provisions of the Constitution and statutes as an institution of a charitable character or design. Id.

STATE MAINTENANCE OF FREE EDUCATION. The provision of the Constitution (art. 9, § 1), that "the Legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this State may be educated,” relates only to the public or common schools of the State, and has no application to appropriations made by the State to an institution for the education of the blind, wholly or partly under private control. Id.

STATE AID TO PRIVATE EDUCATION OF THE BLIND. Appropriations by the Legislature to a local or private institution, for the education and support of the blind, are based upon and authorized by the provisions of the Constitution (art. 8, § 10 of 1874; § 9 of 1894) which prescribe that the prohibition of State aid to any association, corporation or private undertaking shall not prevent the Legislature from making such provision for the education and support of the blind as to it may seem proper. Id.

Past APPROPRIATIONS Nor VIOLATIVE OF THE CONSTITUTION. It does not follow that, if the New York Institution for the Blind is charitable, appropriations made to it in the past by the State for the education and support of pupils, and appropriations made by the counties of New York and Kings (under L. 1870, chap. 166, § 3) of the sums required for clothing the indigent pupils who were residents of the county making the appropriation were violative of the Constitution (art. 8, $$ 8, 11, of 1874). Id.

MANDATORY APPROPRIATION. The charitable character of the New York Institution for the Blind is not changed if the provisions of the statute (L. 1870, chap. 166, § 3) requiring the counties of New York and Kings to appropriate money to clothe indigent pupils is mandatory, and hence in conflict with the Constitution of 1894 (art. 8, § 14), which is not decided. Id.

PARTICIPATION IN PUBLIC SCHOOL FUND. It does not follow from the fact that the charter of Greater New York (L. 1897, chap. 378, $ 1161), authorizes the board of education to distribute a ratable proportion of the school fund to every pupil in the New York Institution for the Blind, that the institution must be regarded as purely educational and not charitable. Id.

PUBLIC PAYMENTS TO CHARITABLE INSTITUTIONS. The Legislature can not now authorize a locality to pay, nor can a locality in any case pay its money to a charitable institution, wholly or partly under private control, for the care, support and maintenance of inmates who are not received and retained pursuant to the rules established by the State Board of Charities. (Const. 1894, art. 8, § 14.) Id.

PAYMENT DEPENDENT UPON OBSERVANCE OF RULES OF BOARD OF CHARITIES. The New York Institution for the Blind being, to an extent, a charitable institution and, so far as it is charitable, subject to the visitation and rule: of the State Board of Charities, no payment can be properly made to it from the moneys of the city and county of New York for the maintenance or support, including clothing, of any indigent inmate not received and retained by it pursuant to the rules of that board. Id.

Court of Appeals, October, 1897, People ex rel. Inst. for the Blind v. Fitch, 12 App. Div. 581, reversed.

CHARITABLE INSTITUTIONS - PAYMENTS OF PUBLIO MONEYS TO INSTITUTIONS WHOLLY OR PARTLY UNDER PBIVATE CONTROL RULES OF THE STATE BOARD OF CHARITIES. A municipal corporation is prohibited by the Constitution (art. 9, § 14) and the statutes (L. 1895, ch. 754; L. 1896, ch. 546, $ 9, subd. 8) from paying public moneys to a charitable institution wholly or partly under private control, for the care, support and maintenance of inmates who are not received and retained therein pursuant to the rules established by the State Board of Charities for the purpose of determining whether such inmates are properly a public charge. Court of Appeals, October, 1902, In re Application of New York Juvenile Asylum, appellant, for a writ of mandamus, v. John W. Keller, as commissioner of public charities in the city of New York, respondent, 172 N. Y. 50.

NEW YORK JUVENILE ASYLUM - CHARTER PROVISION REQUIRING PAYMENT BY THE CITY AND COUNTY OF NEW YORK FOR THE SUPPORT OF INMATES Not COMMITTED TO IT IN ACCORDANCE WITH RULES OF STATE BOARD OF CHARITIES, SUPERSEDED BY THE CONSTITUTION. The fact that the New York Juvenile Asylum, a private charitable institution, was authorized by its charter (L. 1851, ch. 332) to take under its care the management of such children as should by consent, in writing, of their parents or guardians, be voluntarily surrendered and intrusted to it, and by section 28 of chapter 245 of the Laws of 1866 might require the county of New York to pay annually . specified sum for the support of children so committed to it, which section was incorporated into the charter of Greater New York (L. 1897, ch. 378, $ 230) and has not in terms been repealed, amended or modified, does not authorize the city and county of New York to pay for the support and maintenance of any inmate not received and retained therein pursuant to the rules of the State Board of Charities, since such payment is pronibited, not by the rules affecting the repeal or amendment of the statute conferring the right thereto, but by the Constitution itself, which superseded the statute and operated presently from the time the rules were established. Id.

Court of Appeals, October, 1902, Matter of New York Juvenile Asylum, 69 App. Div. 615, affirmed.

A conveyance of real property by a city to a charitable institution, wholly or partially under private control, for a nominal or no consideration. Held unconstitutional and void.

Such a gift to a corporation whose purpose, as prescribed in its charter, is medical and surgical aid to persons of a certain religious denomination and other objects appertaining to hospitals and dispensaries, contravenes the provision of section 10, article VIII of the State Constitution, prohibiting a city from giving any money or property to or in aid of any individual, association or corporation, and is not saved by the proviso that such prohibition shall not prevent a city from making such provision for the aid and support of its poor as may be authorized by law, because the appropriation of the proceeds of the grant is not permanently secured for a public purpose.

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 pay. ment 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 ing placed upon a per capita basis. Supreme Court, March, 1904, The Mount Sinai Hospital, Respondent, o, David H. Ayman, 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.

AN ACT relating to State Charities, constituting chapter 55 of

the Consolidated Laws.

Chapter 57, Laws of 1909, as amended by chapters 149, 240, 258, 339, and 340 of the Laws of 1909, and chapters 47, 133, 260, 376 and 449

of 1910.

STATE CHARITIES LAW

Article 1. Short title; definitions (S$ 1, 2).

2. State board of charities (S$ 3-20).
3. State charities aid association (S$ 30-32).
4. Regulation of state charitable institutions

(88 40–51.)
5. Syracuse state institution for feeble-minded children

(SS 60–70). 8. State custodial asylum for feeble-minded women

(88 80–83). 7. Rome State custodial asylum (S$ 90–95). 8. Craig colony for epileptics (S$ 100-116). 9. New York state hospital for the care of crippled

and deformed children (S$ 130–139). 10. New York state hospital for the treatment of incipi

ent pulmonary tuberculosis (S$ 150–163).
11. Institutions for juvenile delinquents (S$ 180–214).
12. House of refuge and reformatory for women

(8$ 220–233).
13. New York state woman's relief corps

relief corps home
(88 250-258).
14. Thomas Indian school (S$ 270-276).
16. Licensing dispensaries ($S 290-296).
16. Licenses for placing out destitute children

(88 800—308). 17. Agod, decrepit' and montally onfeeblod porsona (88 320_324)

(13)

Article 18. Care of inebriate women (88 340–348).

19. Burnham industrial farm ($S 360–372).
20. Shelter for unprotected girls (S$ 380—391).
21. Anchorage at Elmira (S$ 400-419).
22. General provisions applicable to charitable institu

tions (S$ 450–459).
23. Laws repealed; when to take effect (88 470, 471).

ARTICLE 1

Short Title; Definitions

Section 1. Short title.

2. Definitions.

§ 1. Short title. This chapter shall be known as the “ State Charities Law."

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

ARTICLE 2

State Board of Charities

Section

3. State board of charities.
4. Officers of the board.
5. Compensation and expenses of commissioners.
6. Meetings and effect of nonattendance,
7. Office room and supplies.
8. Official seal, certificates and subpænas.
9. General powers and duties of board.

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