§ 920. Action on the order on failure to comply therewith.If a relative, required by an order of the court or a judge thereof, to relieve or maintain a poor person, neglect to do so in the manner approved by the officers mentioned in section nine hundred and fourteen, and neglect to pay them weekly the sum prescribed by the court or a judge thereof, the officers may maintain an action against the relative, and recover therein the sum prescribed by the court or a judge thereof, for every week the order has been disobeyed, to the time of the recovery, with costs, for the use of the poor. If the order directs a relative to pay for the maintenance of an insane poor person in a state institution, and such relative refuses or neglects to pay the amount specified therein, an action may be brought by the treasurer of such institution in its corporate name to recover the amount due to such institution by virtue of such order. (As amended by chapter 399 of the Laws of 1898.)

The relative may provide for the support of the pauper at such place, and in such manner, as he shall deem proper, provided the place and manner are approved by the proper officers. Supreme Court, June, 1873, Duel v. Lamb, 1 T. & C. 66. It is not until he has neglected or refused to do this, that he is liable for the sum directed to be paid. Id.

The court of sessions has no authority to prescribe the place or manner of support. Id. Whatever power there is over that support is vested in the overseers or superintendents of the poor. Id.; Supreme Court, January, 1854, Converse v. McArthur, 17 Barb. 410.

If the pauper, of his own accord, leaves the supporting party who is ready and willing to take him back and support him upon the terms of the order, the duty of the supporting party is fully discharged. Supreme Court, June, 1873, Duel v. Lamb, 1 T. & C. 69; Supreme Court, January, 1854, Converse v. McArthur, 17 Barb. 410.

See Supreme Court, June 23, 1888, Herendeen v. DeWitt, 17 St. Rep. 298; 49 Hun, 55; 1 N. Y. Supp. 469.

921. Proceedings against absconding parents, leaving children chargeable to public, etc.- When the father, or the mother being a widow or living separate from her husband, absconds from the children, or a husband from his wife, leaving any of them chargeable or likely to become chargeable upon the public, the officers mentioned in section nine hundred and fourteen may apply to any two justices of the peace or police justices in the county in which any real or personal property of the father, mother or husband is situated, for a warrant to seize the same.

Upon due proof of the facts, the magistrate must issue his warrant, authorizing the officers so applying to take and seize the property of the person so absconding. Whenever any child shall be committed to an institution pursuant to any provision of law, any criminal court or magistrate may issue a warrant for the arrest of the father of the child, and examine into his ability to maintain such child in whole or in part; and if satisfied that such father is able to contribute toward the support of the child, then such court or magistrate shall, by order require the weekly payment by such father of such sum and in such manner as shall be in said order directed, towards the maintenance of such child in such institution, which amount when paid shall be credited by the institution to the city, town or county against any sums due to it therefrom on account of the maintenance of the child. (As amended by chapter 13 of the Laws of 1903.)

In cases of a commitment of a child to an institution under the Penal Code, the magistrate is authorized to order the father to pay a sum for the child's support which is to be credited by the institution to the city, town or county against any sum due for maintenance. Supreme Court, July 7, 1890, People ex rel. St. Magdalen School, etc., v. Dickson, 32 St. Rep. 496; 57 Hun, 315; 10 N. Y. Supp. 605.

One of two overseers of the poor is authorized to institute and carry on proceedings for the seizure of property of one who has absconded, leaving his wife or child chargeable to the town. When only one overseer acts, the consent of the other will be presumed. Supreme Court, May, 1839, Downing v. Rugar, 21 Wend. 178.

§ 922. Seizure of their property; transfer thereof, when void. The officers so applying may seize and take the property, wherever it may be found in the same county; and are vested with all the right and title thereto, which the person absconding then had. The sale or transfer of any personal property, left in the county from which he absconded, made after the issuing of the warrant, whether in payment of an antecedent debt or for a new consideration, is absolutely void. The officers must immediately make an inventory of the property seized by them, and return it, together with their proceedings, to the next county court of the county where they reside, there to be filed. (As amended by chapter 880 of the Laws of 1895.)

8923. Warrant and seizure, when confirmed or discharged. Direction of the court thereon. The court, upon inquiring into the circumstances of the case, may confirm or discharge the war

rant and seizure; and if it be confirmed, must, from time to time, direct what part of the personal property must be sold, and how much of the proceeds of the sale, and of the rents and profits of the real property, if any, are to be applied toward the maintenance of the children or wife of the person absconding.

§ 924. Warrant, in what cases to be discharged.— If the party against whom the warrant issued, return and support the wife or children so abandoned, or give security satisfactory to any two justices of the peace, or police justices in the city, village or town, to the overseers of the poor of the town, or in the city of New York, to the commissioners of charities and corrections, that the wife or children so abandoned shall not be chargeable to the town or county, then the warrant must be discharged by an order of the magistrates, and the property taken by virtue thereof restored to the party.

§ 925. Sale of the property seized, and application of its proceeds. The officers must sell at public auction the property ordered to be sold, and receive the rents and profits of the real property of the person absconding, and in those cities, villages er towns which are required to support their own poor, the officers charged therewith must apply the same to the support of the wife or children so abandoned; and for that purpose must draw on the county treasurer, or in the city of New York, upon the comptroller, for the proceeds as directed by special statutes. They must also account to the county court of the county, for all money so received by them, and for the application thereof from time to time, and may be compelled by that court to render that account at any time. (As amended by chapter 880 of the Laws of 1895.)

§ 926. Powers of superintendents of poor. In those counties. where all the poor are a charge upon the county, the superintendents of the poor are vested with the same powers, as are given by this title to the overseers of the poor of a town, in respect to compelling relatives to maintain poor persons, and in respect to the seizure of the property of a parent absconding and abandoning his family; and are entitled to the same remedies in their names, and must perform the duties required by this title, of overscers, and are subject to the same obligations and control.

This section gives to the superintendents of the poor of those counties in which all the poor are a county charge the powers given to the overseers of

the towns by the preceding sections. Supreme Court, April 13, 1892, Matter of Weaver v. Benjamin, 45 St. Rep. 97; 18 N. Y. Supp. 631.

An application to compel relatives to maintain poor persons should be made by the county superintendent, where all the poor are a charge upon the county. Supreme Court, July, 1887, Matter of Tillotson v. Smith, 12 St. Rep. 332.

§ 86. Guardianship of indigent children by incorporated orphan asylums.—The guardianship of the person and the custody of an indigent child may be committed to an incorporated orphan asylum or other institution incorporated for the care of orphan, friendless or destitute children, by an instrument in writing signed:

1. By the parents of such child, if both such parents shall then be living, or by the surviving parent, if either parent of such child be dead;

2. If either one of such parents shall have for a period of six months then next preceding abandoned such child, by the other of such parents;

3. If the father of such child shall have neglected to provide for his family during the six months next preceding, or if such child is a bastard, by the mother of such child;

4. If both parents of such child are dead, by the guardian of the person of such child lawfully appointed, with the approval of the court or officer which appointed such guardian to be entered of record;

5. If both parents of such child are dead, and no legal guardian of the person of such child has been appointed, and no such guardian has been appointed by will or by deed by either parent thereof, or if the parents have abandoned such child for the period of six months, then next preceding, by the mayor of the city or by the county judge of the county in which such asylum or such other institution is located.

Such instrument shall be upon such terms, for such time and subject to such conditions as may be agreed upon by the parties thereto. It may also provide for the absolute surrender of such

child to such corporation. But no such corporation shall draw or receive money from public funds for the support of any such child committed under the provisions of this section, unless it shall have been determined by a court of competent jurisdiction that such child has no relative, parent or guardian living, or that such relative, parent or guardian, if living, is destitute and actually unable to provide for the support of such child.

CHARITABLE CORPORATION-NOT LIABLE FOR INJURY TO INMATE.-"A corporation incorporated under chapter 319 of the Laws of 1848, as amended by chapter 446 of the Laws of 1883, 'to maintain and support an industrial school and asylum for the sustenance and education of male orphan children,' which is conducted by the Christian Brothers without compensation and which is largely supported by charity, although it receives from the various counties of the State a certain weekly sum for the support of the boys committed to it by the magistrates and other correctional officers of the county pursuant to section 713 of the Penal Code, and also a small sum for the sale of surplus farm products and manufactured articles, is a charitable and benevolent corporation and is not liable to a boy committed to it by a police magistrate for injuries sustained by him while operating a machine in the laundry of the institution in consequence of the negligence of the foreman of the laundry in failing to instruct him concerning the operation of the machine and to warn him of the dangers incident thereto. The rule of respondeat superior does not apply to the case.

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Semble, that, as to such an inmate, the institution acts as one of the governmental agencies of the State, and is, therefore, not liable for negligence."

In re action by James Corbett, minor, by Michael J. Corbett, guardian, to recover damages from St. Vincent's Industrial School Utica, for injuries sustained by plaintiff while assisting in operating a mangle. Supreme Court, January, 1902, Corbett v. St. Vincent's Industrial School of Utica (79 App. Div. 334), reversing judgment of Supreme Court in favor of plaintiff.

§ 87. Record of children to be kept by orphan asylums.-All institutions, public or private, incorporated or not incorporated, for the reception of minors, whether as orphans, or as pauper, indigent, destitute, vagrant, disorderly or delinquent persons, are hereby required to provide and keep a record, in which shall be entered the date of reception, and the names and places of birth and residence, as nearly as the same can reasonably be as certained, of all children admitted in such institutions, and how and by whom and for what cause such children shall be placed therein, and the names, residence, birthplace and religious denomination of the parents of such children so admitted, as nearly as the same can be reasonably ascertained; and whenever any such