existing in the city of New York, is hereby authorized and empowered to receive and retain in its custody all such females as its trustees shall deem suitable subjects for its care who may voluntarily surrender themselves or who may be committed to its custody in the manner and for the term hereinafter provided, or for so much of such term as may be necessary, in the judg ment of said trustees, for treatment and reformation.

§ 346. Commitment; certificate; term. Any judge or justice of a court of record in the county or district where an alleged inebriate female resides may commit such female to such house upon the consent, in writing, of the trustees thereof, signed by the reverend mother superintendent or executive officer of said house, and upon the certificate in writing of two physicians under oath, showing that such female is over the age of eighteen years and is incapable or unfit to properly conduct herself or her own affairs or is dangerous to herself or others by reason of habits of periodical, frequent or constant drunkenness, induced either by the use of alcoholic, vinous or other liquors, or opium, morphine or other narcotic or intoxicating or stupefying substance. But it must appear from such certificate that every physician executing the same is a graduate of some incorporated medical college and is a perma nent resident of the state and has been in the actual practice of his profession for at least three years, and it must also appear on the face of such certificate that the physicians executing the same have made a personal examination of the female alleged to be an inebriate, and that such examination has been had within twenty days prior to the application for the commitment. The judge or justice to whom the consent and certificate are presented may require affidavits to be submitted in support of the allega tions contained in such certificate, or may institute an inquiry to take proof as to such facts before making the commitment. No such commitment shall be for a longer term than one year, but the same may be renewed for a like term or terms upon a proceeding taken as hereinbefore prescribed in the case of an original commitment.

Chapter 436 of the Laws of 1903, authorizing the commitment of a female who is a prostitute or who is of intemperate habits to a reformatory,

does not relate to intemperate females residing in their own homes, but only to those found in houses of ill-fame or associating with prostitutes or dissolute persons, or who willfully disobey their parents or guardians so as to be in danger of becoming morally depraved, or who have been convicted of petit larceny.

Hence, a magistrate has no power to commit a woman under said statute where her husband with whom she lives merely charges her with intoxication and intemperate habits, there being no proof of intoxication in a public place, conferring jurisdiction under sections 88 and 88a of the Inferior Criminal Courts Act of the City of New York.

It seems, that such female, if incompetent to manage her affairs by reason of habitual drunkenness, may be dealt with under section 2320 of the Code of Civil Procedure, or under section 346 of the State Charities Law relating to inebriate females. People ex rel. Olin v. Warden of District Prison, 170 App. Div. 289.

§ 347. To be kept apart from other inmates. Females committed to the House of the Good Shepherd pursuant to the provisions of the last two sections must be kept separate and apart from the other inmates of said house.

§ 348. Right to habeas corpus. Nothing herein contained shall be construed to limit the right of the court to review by habeas corpus the detention of any person committed under the last three sections.

ARTICLE 19

* Burnham Industrial Farm

Section 360. Institution continued; powers.

361. Objects of corporation.

362. Board of directors.

363. Election of directors.

364. Quorum to do business.

365. Custody of boys, how acquired; notice to corpora

tion.

366. Commitments of boys by magistrates to care of corporation; effect of commitments.

367. Truant homes and charitable institutions, transfer of certain boys by.

* Name changed to Berkshire Industrial Farm by court order of August 25,

1896.

Section 368. Power of corporation as to boys in its care; corporation to act as guardian and enforce terms of

indenture.

369. Statements as to age.

370. Reports.

371. Property exempt from taxation.

372. Powers and liabilities.

The body

$ 360. Institution continued; powers. corporate known prior to August twenty-fifth, eighteen hundred and ninety-six, by the name of the "Burnham Industrial Farm," the name of which was, on that day, changed to " Berkshire Industrial Farm," which corporation was continued by the former provisions of this section, taking effect February seventeenth, nineteen hundred and nine, under the name and style of "Burnham Industrial Farm," is hereby continued as the "Berkshire Industrial Farm," and by the latter name shall have power to take by gift, lease, purchase, devise or bequest real and personal property and hold the same for the proper uses and purposes of said corporation; provided that the annual income from such real estate shall not exceed fifty thousand dollars.

The use, indifferently, since February sixteenth, nineteen hundred and nine, of the names "Burnham Industrial Farm" and Berkshire Industrial Farm" by the corporation continued under the former provisions of section three hundred and sixty of the state charities law, or by any court, officer or person, is hereby legalized, validated and confirmed, and shall be deemed to have referred to such corporation with the same force and effect as if the name used were then the true and lawful name of such corporation. The identity of such corporation shall not be affected nor its rights, duties or obligations impaired by this act or by the use heretofore of either or both of such names.

(Amended by chapter 109 of the Laws of 1917.)

§ 361. Objects of corporation. The objects of this corporation shall be to receive and take charge of such boys as may legally come into its custody and care, and to provide for their support, education and training.

VOL. 3 8

§ 362. Board of directors. The property and concerns of the corporation shall be managed by a board of twelve directors, who shall receive no compensation. The term of office of four of such directors shall expire on May first in each year, but they shall hold office until their successors are elected. The present board of directors is continued in office until their suc cessors are chosen.

§ 363. Election of directors. On the first day of May in each year, four directors shall be elected by the corporation in such manner and place as the by-laws shall direct, but if no election be held on any such day, the election may be held on any subsequent day, and any vacancies occurring otherwise than by the expiration of a regular term may be filled for the balance of such term in accordance with the by-laws of this corporation and by the votes of a majority of the directors then

in office.

§ 364. Quorum to do business. Five members of the board shall be a quorum, and the board may delegate its powers, during the interval between its meetings, to an executive com mittee of its own members, whose minutes shall be kept as provided by the by-laws, and shall be reported for approval to all stated meetings of the board; but no purchase or conveyance of real estate shall be made unless by the concurrence of a majority of the whole board.

§ 365. Custody of boys, how acquired; notice to corporation. The corporation shall be deemed to have acquired lawful care and custody of any boy between the ages of six and sixteen years who shall have been surrendered to it by his parent or guardian; provided that such surrender is evidenced by a writing executed by such parent or guardian setting forth the name and age of the boy, the date of surrender, and the term for which such surrender is made, and expressly vesting in the corporation all the powers and control over the boy of which such parent or guardian was possessed; provided that no such surrender shall be made except upon five days' previous notice of the intention to make such surrender in writing, by the parent or guardian of the child to the said corporation or its agents.

§ 366. Commitments of boys by magistrates to care of corporation; effect of commitments. Any justice of the peace, police justice, or other committing magistrate or officer, is hereby authorized to commit to said corporation, with its consent, any boys between the ages of six and sixteen years, deserting their homes without good or sufficient cause, or keeping company with dissolute or vicious persons against the lawful commands of their fathers, mothers, guardians or other persons standing in the place of a parent; or any such boys found wandering in the streets or lanes of any city or village, or in the highways of any town without guardianship, and practicing dissolute or vicious habits. Such commitment to said corporation shall be to the custody and control thereof until such boys are discharged therefrom by operation of law or by the said corporation; but such boys shall not in any event be detained by said corporation after they arrive at the age of twenty-one years.

§ 367. Truant homes and charitable institutions, transfer of certain boys by. The corporate authorities of any truant school, or charitable institution now or hereafter having the lawful custody and care of any boy not less than six years of age, and not awaiting trial nor under sentence for a term of years for crime, may, with the consent of said corporation, transfer and assign such custody and care to this corporation upon such terms as the directors of such institution and said corporation may agree.

$368. Power of corporation as to boys in its care; corporation to act as guardian and enforce terms of indenture. Said corporation shall have the custody and control of all boys surrendered, committed or transferred to it under sections three hundred and sixty-five to three hundred and sixty-seven of this article, and shall have authority by its officers or agents to restrain and direct them. to assign them to suitable employments, to determine their hours of labor, study and rest, to care for their sustenance and health, and to instruct them in useful knowledge; and shall have power to place such boys in suitable homes where they may be adopted into families or taken on trial or for a limited time; or, in its