from the person to whom the same shall be granted, the amount of said license; which amounts, as respectively received by him, shall be paid over to the treasurer of the society for the reformation of juvenile delinquents in the city of New York, for the use of said society. CHAP. IV acting with $ 4. In case any manager or proprietor of any theatre, Penalty for circus, or building, garden or grounds, for exhibiting theatri- out license. cal or equestrian performances, shall open, or advertise to open, any theatre, circus, or building, garden or grounds for any such exhibition or exhibitions in said city, without first having obtained a license therefor as is provided for by this act, or the act hereby amended, it shall and may be lawful for the said society for the reformation of juvenile delinquents in the said city, to apply to the chancellor of this state, or the vice-chancellor of the first circuit, for an injunction to restrain the opening thereof, until they shall have complied with the requisitions of this act, and the act hereby amended, in obtaining such license, and also complying with such order as to costs, as the said chancellor or vice-chancellor may deem just and proper to make; which injunction may be allowed upon a bill or petition, to be exhibited in the name of the said society, in the same manner as injunctions are now usually allowed by the practice of the court of chancery. injunction $ 5. Any injunction allowed under this act, may be served Notice of by posting the same upon the outer door of the theatre, or how to bo circus, or building wherein such exhibitions may be proposed given. to be held, or if the same shall be in a garden or grounds, then by posting the same at, or on, or near the entrance way to any such place or exhibition; and in case of any proceeding against the manager or proprietor of any such theatre, circus, or building, or garden or grounds as aforesaid, it shall not be necessary to prove the personal service of the injunction, but the service herein before provided shall be deemed and held sufficient. CHAP. 143. AN ACT to authorize the establishment of a House of PASSED May 8, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows: sioners to select site. § 1. The governor of the state of New York, by and with commis the consent of the senate, shall, during the present session of the legislature, appoint three commissioners for the purpose of selecting a suitable site on which to be erected "The Western House of Refuge for juvenile delinquents;" and the said commissioners shall, within four weeks from the time of their appointment, proceed to examine and determine upon PART IV. Deed for site to be the people of the state, the site aforesaid, and shall locate the same at some suitable place in the interior or western portion of the state. In determining such location, the said commissioners shall take into consideration any proposition which may be made to them, and of the performance of which they shall have satisfactory assurance, to give to the state the lands necessary for the site of said house of refuge or any materials or money to aid in the erection thereof; and any bond or other obligation executed to the people of this state, and delivered to said commissioners to secure any such site, money or materials, for the purposes aforesaid, shall be valid and binding upon the parties executing the same. § 2. If the said commissioners shall procure by purchase (or executed to Voluntary cession,) the site for said house of refuge, the deed thereof shall be duly executed to the people of this state and delivered to the comptroller, and thereupon the treasurer is hereby directed to pay, on the warrant of the comptroller, to the grantor or grantors of whom the said site shall be purchased, such sum or sums of money as may be required to pay for the site agreeably to the contract of the said commissioners, not exceeding three thousand dollars. Commissioners to $ 3. At any time, not exceeding two months after the said erect house site shall be obtained by the said commissioners, (who are of refuge. hereby empowered to contract for the same,) the governor, lieutenant-governor and comptroller, shall appoint three commissioners to contract for the erection and enclosure of the said house of refuge, on such plan and such terms as they may deem just and proper; provided the said plan and the terms of said contract shall be approved by the said governor and lieutenant-governor; and provided also, that said house of refuge shall be built in a plain manner, and that said governor and lieutenant-governor shall approve no plan for the erection of the building of such house of refuge, which shall in their judgment require more than twenty thousand dollars for the completion of such building; and the said commissioners shall select and designate one of their number who shall superintend the building of the said house of refuge, with a view to the due execution of the work on the part of those with whom the said commissioners shall contract for the erection and enclosure thereof. To give bond. Money to be paid to com S4. The said commissioners last mentioned, before they enter on the duties of their office, shall each give his bond to the people of this state, in the penal sum of ten thousand dollars, with two or more sufficient sureties, to be approved of by the comptroller, conditioned for the faithful performance of the duties required of them by this act. $5. The treasurer is hereby directed to pay to the said missioners. commissioners, on the warrant of the comptroller, out of any moneys in the treasury not otherwise appropriated, such sum or sums of money as they may from time to time require, for the building of the said house of refuge not exceeding such sum as will, with the sum drawn and paid for the site of said house of refuge, amount to twenty-two thousand dollars, at such times as the same may be wanted by said commissioners, in sums not exceeding five thousand dollars at any one time; and the expenditure of at least four thousand dollars thereof shall be accounted for to the comptroller before any other sum shall be advanced. CHAP. IV. money ex $ 6. It shall be the duty of the said commissioners to make Report of a detailed report of all the money received and expended by pended to them by virtue of this act, and of the progress which shall be made. have been made in the erection and enclosure of the said buildings, to the comptroller of this state, on or before the first day of January next, and as often thereafter as the comptroller shall or may, from time to time, require. mentioned sioners. $7. Each of the said commissioners, first mentioned in this Pay of first act, shall be allowed for his service and expenses, while commis actually employed in the duties of his appointment, the sum of two dollars per day, and at the rate of two dollars for every thirty miles necessary travel in the performance of the duties required by virtue of this act. building $ 8. Each of the said commissioners to be appointed by vir- Pay of tue of this act to contract for and superintend the building of commis the said house of refuge, shall be allowed for his services and sioners. expenses, while actually employed in the duties of his office, the sum of two dollars per day. published weeks to $9. The said commissioners shall, for six weeks, advertise Notice to be in a newspaper published in each of the cities of Albany, for six Rochester and Buffalo, and in the villages of Syracuse and receive Canandaigua, for sealed proposals for erecting and completing proposals. the said building and enclosure, and shall make a contract for the same with the lowest bidder or bidders, provided such bidder or bidders shall give satisfactory security for the performance of his or their contract or contracts: provided such contract or contracts and such security, shall be approved by the vice-chancellor of the eighth circuit, or the lieutenantgovernor. No such bid shall be received unless the same. shall be accompanied by a bond to the people of this state, in the penal sum of ten thousand dollars, executed by the person making such bid and by two sureties, (whose sufficiency shall be certified by the comptroller or the first judge of the county in which such sureties reside,) conditioned that the person making such bid will, within twenty days after such bid shall be accepted, enter into a contract according to such bid, and give such security as is above required for the full and faithful performance thereof, In case the condition of such bond shall be broken, the comptroller shall cause such bond to be prosecuted, whenever, in his opinion, the interest of the state shall require it; and in the suit brought thereon, the people of this state shall be entitled to recover the difference between the bid mentioned in the condition of said bond, and the sum mentioned in the bid upon which a contract shall be finally PART IV. Fifteen managers to be appointed. To be divi ded into three classes. Managers to appoint dent, &c. made, and also any other damages which the state may sustain by the breach of the condition of such bond. $ 10. The governor, lieutenant-governor and comptroller shall appoint, by writing, under their hands and seals, fifteen discreet men, who shall act as managers of the house of refuge, established by virtue of this act, and who shall, on the acceptance of their respective appointment, perform the duties required of them by virtue of this act, without any compensation for their services. S 11. The said managers shall be divided by the officers appointing them, into three classes of five each, and the class to which each of such managers shall belong, shall be set forth in the certificate of their appointment. The terms of office of the first class shall expire on the first Tuesday in February, in the year succeeding their appointment; of the second class on the first Tuesday in February in the next year thereafter; and of the third class, on the first Tuesday in February in the succeeding year. Whenever vacancies shall occur in the said board of managers, such vacancies shall be filled by the governor, with the consent of the senate; and the terms of office of such managers shall be such, that they shall hold their office for the term of three years, as near as may be; and that the terms of office of one-third thereof, shall expire on the first Tuesday of February in each year. Such managers shall have power to make all such rules, regulations, ordinances and by-laws for the government, discipline and management of said house of refuge, and the inmates and officers thereof, as to them may appear just and proper. $ 12. The said managers shall appoint a superintendent of superinten- the said house of refuge, and such other officers as they may deem necessary for the interest of the institution, with a view to the accomplishment of the object of its establishment, and economy of its management; and the said managers shall make a detailed report to the legislature of the performance of their duty, on or before the fifteenth day of January in each year. Children to be received when legally S13. The said managers and superintendent shall receive and take into the said house of refuge, all male children under committed. the age of eighteen years, and all female children under the age of seventeen, who shall be legally committed to the said house of refuge as vagrants, or on a conviction for any criminal offence by any court having authority to make such commitments; the said managers shall have power to place the said children committed to their care, during the minority of such children, at such employments, and cause them to be instructed in such branches of useful knowledge as shall be suitable to their years and capacities; and they shall have power, in their discretion, to bind out the said children, with their consent, as apprentices or servants, during their minority, to such persons and at such places, to learn such and employments, as in their judgment will be most for the proper trades reformation and amendment, and the future benefit and advan- CHAP. IV. tage of such children: provided, that the charge and power of the said managers upon and over the said children, shall not extend, in the case of females, beyond the age of eighteen years, or in the case of males, beyond the age of twenty-one years. Revised apply. $ 14. All and singular the clauses and provisions contained Part of in the fourth title of chapter eight of the second part of the Statutes to Revised Statutes, relating to the covenants to be inserted in the indentures of apprentices and servants, made by the overseers of the poor, shall apply to the apprentices and servants, and the person to whom they may be bound, under and by virtue of this act. certificates when the $ 15. Whenever the said house of refuge shall, in the opin- Duplicate ion of the commissioners authorized to be appointed by the to be made third section of this act, be in readiness for the reception of house is persons committed thereto, the said commissioners shall make, Anished. under their hands and seals, duplicate certificates thereof, one of which they shall transmit by mail to the governor of this state, and the other of which they shall cause to be filed in the office of the clerk of the county in which such house of refuge shall be situated. The governor, on receiving such Duty of certificate, shall make an order designating the counties which shall thereafter be authorized to send juvenile delinquents to the said house of refuge, and shall file the certificate of such commissioners, and his said order, in the office of the secretary of state. The said secretary of state shall transmit by of secretary mail to the first judge and county clerk of each of the counties designated in said order, a certified copy of such certificate and order. governor. of state. courts of $16. From and after the time of making such order, the Duty of courts of criminal jurisdiction of the several counties designat- criminal ed in such order, shall sentence to such house of refuge every jurisdiction male under the age of sixteen years, who shall be convicted before such court of any felony; the said courts, and the several magistrates of the said counties, may in their discretion sentence to said house of refuge, any such male who may be convicted before them of any petit larceny, and the courts and magistrates of the county where such house of refuge may be located, may also, in their discretion, send to said house of refuge, any such male who may be convicted before them as a vagrant. $ 17. For the purpose of reimbursing to the general fund Expense of the moneys advanced therefrom under the provisions of this house how act, the comptroller shall, on or before the first day of June bursed. next, apportion to and among the several counties in this state, in proportion to the corrected aggregate valuations of the real and personal estate of such counties, in the year one thousand eight hundred and forty-five, the said sum of twenty-two thousand dollars, and the interest thereon, from the As amended by Laws of 1852, ch. 387, and by Laws of 1850, ch. 304. building to be reim. |