the record and family history of the feeble-minded, epileptic, criminal and other defective inmates confined in the several state hospitals for the insane, state prisons, reformatories and charitable and penal institutions in the state, and if in the judgment of the majority of said board procreation by any such person would produce children with an inherited tendency to crime, insanity, feeblemindedness, idiocy or imbecility and there is no probability that the condition of any such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physical or mental condition of any such person will be substantially improved thereby, then said board shall appoint one of its members to perform such operation for the prevention of procreation as shall be decided by said board to be most effective.

The criminals who shall come within the operation of this law shall be those who have been convicted of the crime of rape or of such succession of offenses against the criminal law as in the opinion of the board shall be deemed to be sufficient evidence of confirmed criminal tendencies.

§ 352. Appointment of counsel to person to be operated upon. The board of examiners shall apply to any judge of the supreme court or county judge of the county in which said person is confined, for the appointment of counsel to represent the person to be examined. Said counsel to act at a hearing before the judge and in any subsequent proceedings and no order made by said board shall become effective until five days after it shall have been filed with the clerk of the court and a copy shall have been served upon the counsel appointed to represent the person examined and proof of service of said copy of the order to be filed with the clerk of the court. All orders made under the provisions of this act shall be subject to review by the supreme court or any justice thereof, and said court may upon appeal from any order grant a stay which shall be effective until such appeal shall have been decided. The judge of the court appointing any counsel under this act may fix the compensation to be paid him. No surgeon performing an operation under the provisions of this act shall be held to account therefor. The record taken upon the examination of every such inmate signed by the said board of examiners

shall be preserved by the institution where said inmate is confined and one year after the performance of the operation the superintendent or other administrative officer of the institution wherein such inmate is confined shall report to the board of examiners the condition of the inmate and the effect of such operation upon such inmate, and a copy of the report shall be filed with the record of the examination.

§ 353. Unauthorized and illegal operations. Except as authorized by this act, every person who shall perform, encourage, assist in or otherwise permit the performance of the operation for the purpose of destroying the power to procreate the human species or any person who shall knowingly permit such operation to be performed upon such person unless the same shall be a medical necessity, shall be guilty of a misdemeanor.

§ 386. Registration of persons in institutions. All superintendents or managers or other persons in charge of hospitals, almshouses, lying-in or other institutions, public or private, to which persons resort for treatment of diseases or confinement, or to which persons are committed by process of law, shall make a record of all the personal and statistical particulars relative to the inmates in their institutions when this act takes effect; which are required in the forms of the certificate provided for by this article as directed by the state commissioner of health; and thereafter such record shall be by them made for all future inmates at the time of their admittance. In the case of persons admitted or committed for treatment of disease, the physician in charge shall specify for entry in the record, the nature of the disease, and where, in his opinion, it was contracted. The personal particulars and information required by this section shall be obtained from the individual himself if it is practicable to do so; and when they cannot be so obtained, they shall be obtained in as complete a

manner as possible from relatives, friends, or other persons acquainted with the facts. (As added by chapter 619 of Laws of 1913.)

PUBLIC OFFICERS LAW.

Chapter 51, Laws of 1909.

AN ACT in relation to public officers, constituting chapter fortyseven of the Consolidated Laws.

ARTICLE 3.

Creation and Filling of Vacancies.

§ 36. Removal of town or village officer by court. Any town or village officer, except a justice of the peace, may be removed from office by the supreme court for any misconduct, maladministration, malfeasance or malversation in office. An application for such removal may be made by any citizen resident of such town or village and shall be made to the appellate division of the supreme court held within the judicial department embracing such town or village. Such application shall be made upon notice to such town officer of not less than eight days, and a copy of the charges upon which the application will be made must be served with such notice.

MISCELLANEOUS PROVISIONS OF THE STATE

BOARD OF CHARITIES.

By-Laws of the State Board of Charities.

(As amended January 14, 1914.)

I. On the Meetings of the Board.

1. Stated meetings of the Board shall be held on the second Wednesday in January, April, July and October, and unless otherwise ordered by the Board, at 3 o'clock p. m.

2. All stated meetings of the Board shall be held at the office of the Board at the Capitol in the city of Albany, unless otherwise specially ordered by the Board.

3. The Board, or the President, may direct special meetings to be called.

4. The President shall direct a special meeting to be called on the written request of two Commissioners stating the particular purpose for which the meeting is desired.

5. Notice of meeting shall be given by mailing the notice to each Commissioner at his last known place of address, and when practicable, such notice shall be given at least ten days in advance. 6. Notice of special meetings shall state the particular purposes for which the meetings are called.

II. On the Conduct of Business.

1. If at the time appointed for the meeting of the Board the President and Vice-President are both absent, any Commissioner may call the meeting to order, and a chairman shall be chosen. 2. At the meetings of the Board the following order of business, unless otherwise ordered shall be observed:

Reading of the minutes of previous meetings.

Election of officers.

Reference of accounts.

Unfinished business of last meeting.

Reports of standing and special committees.

Reports on proposed incorporations.

Communications from Commissioners and officers.

Miscellaneous business.

3. At a special meeting, the object of the meeting shall be stated by the chair immediately after the minutes of the last meeting have been read, and no other business than that stated in the call shall be considered at such meeting, unless ordered by the concurrent vote of all the Commissioners present.

4. All resolutions shall be in writing and, with the name of the mover, shall be entered on the minutes.

5. On the demand of any Commissioner, the vote on any question shall be taken by ayes and noes, and entered on the minutes. 6. All questions of order and proceeding, not specially provided for in these By-Laws, shall be governed by Cushing's Manual.

7. The minutes of all meetings of the Board shall be printed as soon after adjournment as possible, and a copy furnished to each Commissioner.

III. On the Election of Officers.

1. The stated meeting in April shall be the annual meeting of the Board.

2. At this meeting it shall elect by ballot a President and a VicePresident.

3. The President and Vice-President so elected shall hold their respective offices for one year and until their successors are elected.

4. All other officers or agents, unless their term of office be fixed by law, or by these By-Laws, shall hold office at the pleasure of the Board.

IV. On the President and Vice-President.

1. The President shall have general supervision of the affairs of the Board, and shall preside at the meetings.

2. He shall represent the Board before the Governor, Executive Department and Legislative Committees, unless otherwise ordered by the Board and may request any Commissioner or officer to assist him or appear in his stead.

3. The Vice-President shall perform the duties of President whenever the President is unable to perform the duties assigned to him by these By-Laws.

V. On the Secretary.

1. The Secretary shall reside in the city of Albany, and shall be in attendance at the office of the Board during the hours of business, unless called elsewhere by official duties, or unless excused by the Board.

2. He shall have general supervision of employees and of all branches of the Board's work, and shall aid the Commissioners and other officers of the Board in the performance of their duties whenever required.

3. He shall submit to the Committee on Publication, on or before the second Wednesday of October in each year, the subjects of which it is proposed to treat in the annual report, and the text of the report shall be completed and submitted by him to said Committee on or before the first Wednesday of December.

4. He shall have general charge of the office; superintend the elerical business; and, except as otherwise provided by these By