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§ 408. Change of by-laws; disposition of inmates on adverse certificate. After the state board of charities shall have approved the by-laws of the Anchorage, such by-laws shall not thereafter be changed except with the approval of such board. If the state board of charities shall at any time make a certificate substantially contrary to the effect of such first certificate made by it, such board of charities shall immediately thereupon cause each woman then in the custody of the Anchorage by virtue of this article to be taken before a magistrate or a court of special sessions of the town, city or village from which such woman was committed, and such magistrate or court may thereupon discharge such woman from such commitment or may recommit such woman to the county jail of the county for a period which together with the period since the date of the first commitment shall not exceed the total period for which such woman might have been committed to jail upon her original conviction by virtue of which her commitment to the Anchorage was inade.

§ 409. Detentions and rearrests in cases of escape. The executive committee of said Anchorage shall have power to cause to be detained therein, under such proper rules and regulations as the board of trustees shall provide, any female so committed thereto according to the terms of said sentence and commitment, and to cause the rearrest in any county of this state, and return to said Anchorage, of any person who may have escaped therefrom or been conditionally discharged therefrom, as herein provided, and in case of such rearrest and return, to detain her as aforesaid from the time of such return, for a time equal to the unexpired portion of her time at the time of her escape or conditional discharge.

§ 410. Conveyance of women committed. The executive committee shall employ suitable persons to convey from the place of conviction to the said Anchorage all women duly com mitted thereto, and said persons shall have the power and authority of deputy sheriffs. All expenses of such conveying shall be paid by the treasurer of the board of said Anchorage.

§ 411. Who may rearrest. In any case of the escape of any inmate from said Anchorage, any person duly employed by said executive committee to convey to said Anchorage women committed thereto, shall have power to arrest such escaped inmate in any county in this state without a warrant, and forthwith to convey her to said Anchorage; and any magistrate shall have power to cause any such escaped inmate to be arrested and held in custody until she can be removed to said Anchorage, as in case of her first commitment thereto.

§ 412. Conditional discharge. Any person committed to the Anchorage may be discharged therefrom conditionally or otherwise. in the discretion of the executive committee, whenever in the judgment of said committee there is satisfactory evidence of the reformation of such person, provided that in no case of sentence for a certain definite period shall commutation or abridgment of sentence be made for more than one-third of the period specified in the warrant of commitment without the concurrence in writing of the committing magistrate, or of his successor in office.

§ 413. Rearrest after conditional discharge. Any person having been conditionally discharged from said Anchorage may be arrested and returned thereto upon the warrant of the executive committee of said Anchorage, issued by order of said committee, signed and attested by the chairman of said committee, which warrant shall briefly state the reason for such arrest and return, and shall be directed and delivered to any person employed by said executive committee to convey to said Anchorage persons committed thereto, and when so signed, attested and delivered may be executed by such person in any county of this

state.

§ 414. Papers furnished by committing magistrate. It shall be the duty of every justice of the peace, police justice or other magistrate or court committing any woman under authority given by this article immediately to notify the superintendent of said Anchorage of such conviction, and to

cause a record to be kept of the name, age, birthplace, occupation, previous commitment, if any, and for what offenses (and last place of residence of such woman or women) so committed by them together with the particulars of the offense charged. A copy of said record shall be transmitted with the warrant of commitment to the superintendent of said Anchorage, who shall enter and keep in a book of record all these and such other facts as are by law required concerning inmates of poor-houses.

§ 415. Determination as to age. Any court or magistrate authorized to commit any female to said Anchorage shall before so committing her inquire into and for the purpose of the case determine the age of such female at the time of such commitment, and her age as so determined shall be stated in the warrant; and when the year only is stated, it shall be considered as expiring on the day on which the warrant is dated and the statement of age of such female so made in said warrant of commitment shall be conclusive evidence as to the age of said female in any action to recover damages for her detention or imprisonment under said warrant, and shall be presumptive evidence of the age of such female in any other inquiry, action or proceeding relating to such detention.

416. Removal and resentence of insubordinate inmates. Whenever any person committed to such institution by a magistrate, court or justice of the peace, as provided in this article, shall by reason of insubordination or other improper conduct, prove, in the judgment of the executive committee of said institution, to be an improper subject for care in said Anchorage, it shall be the duty of the executive committee of said Anchorage thereupon to cause the return of such female to the county from which she was committed in the custody of one of the persons employed by said executive committee to convey to said Anchorage women committed thereto, who shall deliver her into the custody of the sheriff of such county, to be by said sheriff taken before the court or magistrate which committed her to said Anchorage, or some other court or magistrate having equal jurisdiction in such county, to be by such court or magistrate resen

tenced for the offense for which she was committed to said Anchorage, and dealt with in all respects as though she had not been committed to said Anchorage, and in such case all costs and expenses incurred and paid by said board of trustees on account of such female so returned shall be a county charge upon such county to be levied and collected as other taxes in said county and paid over to said board of trustees and credited to the account to which such expenses were charged.

§ 417. Disposition of children of women so committed. In case any woman committed to said Anchorage at the time of such commitment shall be the mother of a nursing child in her care under one year of age, or be pregnant with child which shall be born after such commitment, such child may accompany its mother and remain in said Anchorage until such time as in the opinion of the board of trustees such child can properly be removed therefrom and suitably provided for elsewhere.

§ 418. Powers of superintendent. For the safe management and discipline of said Anchorage the superintendent thereof is hereby given and is required to exercise, in regard to women committed to said Anchorage, the same power as jail keepers and constables have in regard to persons committed or held in custody of said officers.

§ 419. Freedom of worship. Nothing herein contained shall interfere with the right of the freedom of worship of any inmate confined within said institution, as provided by the constitution of the state of New York.

ARTICLE 22

General Provisions Applicable to Charitable Insti

tutions

Section 450. Reports to supervisors of appointments and committals to charitable institutions.

451. Reports by officers of certain institutions to clerks of supervisors and cities.

Section 452. Verified accounts against counties, cities and towns. 453. Dutchess county.

454. Construction of last section.

455. Female attendants for feeble-minded women in transit to or from institution.

456. Investigation of complaints by boards of managers. 457. Fees of witnesses.

458. Designation of depository of funds.

459. Labor of children not to be hired out.

460. Commitments to institutions.

461. Commitments of feeble-minded.

§ 450. Reports to supervisors of appointments and committals to charitable institutions. Every judge, justice, superintendent or overseer of the poor, supervisor or other person who is authorized by law to make appointments or commitments to any state charitable institution, in which the board, instruction, care or clothing is a charge against any county, town or city, shall make a written report to the clerk of the board of supervisors of the county, or of the county in which any town is situated, or to the city clerk of any city, which is liable for any such board, instruction, care or clothing, within ten days after such appointment or commitment, and shall therein state, when known, the nationality, age, sex and residence of each person so appointed or committed and the length of time of such appointment or commitment. This and the two following sections shall apply to each of the asylums, reformatories, homes. retreats, penitentiaries, jails or other institutions, except almshouses, in each of the counties of this state, except the county of Kings, in which the board, instruction, care or clothing of persons committed thereto is, or shall be, a charge against any county or town therein.

$451. Reports by officers of certain institutions to clerks of supervisors and cities. The keeper, superintendent, secretary, director or other proper officer of a state charitable institution to which any person is committed or appointed, whose board, care, instruction, tuition or clothing shall be chargeable to any city, town or county, shall make a written report to the clerk of such city or to the clerk of the board of supervisors of the county, or of the county in which such town is situ

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