bonds, shall give a special bond to said village, in such sum and with such sureties as the board of trustees shall approve, conditioned for the faithful performance of his duties, in the sale and disposition of such bonds, and the payment and disposition of the proceeds of such sale, and faithfully perform all the additional duties imposed upon him by the provisions of this act.

§ 4. This act shall take effect immediately.

Abduc

sons guil

Chap. 46.

AN ACT to amend the Penal Code.

PASSED March 21, 1884; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section nineteen of the Penal Code is hereby amended so as to read as follows:

§ 19. A child of the age of seven years, and under the age of twelve years, is presumed to be incapable of crime; but the presumption may be removed by proof that he had sufficient capacity to understand the act or neglect charged against him, and to know its wrongfulness. Whenever in any legal proceeding it becomes necessary to determine the age of a child, the child may be produced for personal inspection, to enable the magistrate, court or jury to determine the age thereby; and the court or magistrate may direct an examination by one or more physicians, whose opinion, shall also be competent evidence upon the question of age.

§ 2. Section two hundred and eighty-two of said act is hereby amended so as to read as follows:

§ 282. A person who

1. Takes a female under the age of sixteen years for the purpose of tion, per prostitution or sexual intercourse, or without the consent of her father, ty of, pun- mother, guardian or other person having legal charge of her person, ishment. for the purpose of marriage; or,

Willful

2. Inveigles or entices an unmarried female under the age of twentyfive years, of previous chaste character, into a house of ill-fame or of assignation, or elsewhere, for the purpose of prostitution or serual intercourse; or,

3. Takes or detains a woman unlawfully against her will, with the intent to compel her by force, menace or duress, to marry him, or to marry any other person, or to be defiled; or,

4. Being parent, guardian or other person having legal charge of the person of a female under the age of sixteen years, consents to her taking or detaining by any person for the purpose of prostitution or sexual intercourse;

Is guilty of abduction, and punishable by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both.

§ 3. Section two hundred and eighty-eight of said act is hereby amended so as to read as follows:

§ 288. A person who willfully omits, without lawful excuse, to peromission form a duty by law imposed upon him to furnish food, clothing, shelter

a misde

License

two

or medical attendance to a minor, is guilty of a misdemeanor. Any to furnish person, other than a duly incorporated institution, who receives, boards food, etc., or keeps more than two foundlings, abandoned or homeless children meanor. under the age of twelve years, not his relatives, apprentices, pupils or to keep wards, without legal commitment, or without having first obtained a more than license in writing so to do from a member of the state board of chari- foundties, or from the mayor or board of health of the city or town wherein must be such children are received, boarded or kept, is guilty of a misde- obtained. meanor. Such license must specify the name and age of the child, What to and the name and residence of the person so undertaking its care, and shall be revocable at will by the authority granting it. It shall be lawful for the officers of any incorporated society for the prevention of cruelty to children, at all reasonable times to enter and inspect the premises wherein such child is so boarded, received or kept.

§ 4. Section two hundred and ninety of said act is hereby amended so as to read as follows:

lings, etc.,

contain.

teen not

lowed in

§ 290. A person who admits to, or allows to remain in any dance- Children house, concert saloon, theatre, museum, or in any place where wines under sixor spirituous or malt liquors are sold or given away, or in any place of to be alentertainment injurious to health or morals, owned, kept or managed danceby him in whole or in part, any child actually or apparently under the house,etc. age of sixteen years, unless accompanied by its parent or guardian, is guilty of a misdemeanor. Any person who shall suffer or permit any such child to play any game of skill or chance in any such place, or in any place adjacent thereto, or to be or remain therein, shall be guilty of a misdemeanor.

§ 5. Section two hundred and ninety-one of said act is hereby amended so as to read as follows:

§ 291. Any child actually or apparently under the age of sixteen Vagrant years who is found:

children, arrest of,

1. Begging or receiving or soliciting alms, in any manner or under etc. any pretense; or gathering or picking rags, or collecting cigar stumps, bones or refuse from markets; or

2. Not having any home or other place of abode or proper guardianship; or who has been abandoned or improperly exposed or neglected, by its parents or other person or persons having it in charge, or being in a state of want or suffering; or

3. Destitute of means of support, being an orphan, or living or having lived with or in custody of a parent or guardian who has been sentenced to imprisonment for crime, or who has been convicted of a crime against the person of such child, or has been adjudged an habitual criminal; or

4. Frequenting or being in the company of reputed thieves or prostitutes, or in a reputed house of prostitution or assignation, or living in such a house either with or without its parent or guardian, or being in concert saloons, dance-houses, theatres, museums or other places of entertainment, or places where wines, malt or spirituous liquors are sold, without being in charge of its parent or guardian; or playing any game of chance or skill in any place wherein or adjacent to which any beer, ale, wine or liquor is sold or given away, or being in any such place; or

5. Coming within any of the descriptions of children mentioned in section two hundred and ninety-two, must be arrested and brought before a proper court or magistrate, as a vagrant, disorderly or destitute child. Such court or magistrate may commit the child to any charitable, reformatory or other institution authorized by law to receive and take

rary com

charge of minors, or may make any disposition of the child such as now is or hereafter may be authorized in the cases of vagrants, truants, paupers, or disorderly persons. And no commitment of a child which shall recite therein the facts upon which it is based shall be deemed invalid by reason of any neglect or omission by the court or magistrate by whom such commitment is made to file any documents, papers or proceedings relating thereto.

Tempo- 6. Any magistrate having criminal jurisdiction may commit tempomitments. rarily to an institution authorized by law to receive children on final commitment, and to have compensation therefor from the city or county authorities, any child under the age of sixteen years who is held for trial on a criminal charge; and may, in like manner, so commit any such child held as a witness to appear on the trial of any criminal case; which institution shall thereupon receive the same, and be entitled to the like compensation proportionally therefor as on final commitment, but subject to the order of the court as to the time of detention and discharge of the child. Any such child convicted of any misdemeanor shall be finally committed to some such institution, and not to any prison, or jail, or penitentiary, longer than is necessary for Not to be its transfer thereto. No child under restraint or conviction, actually or apparently under the age of sixteen years, shall be placed in any prison or place of confinement, or in any court-room, or in any vehicle for transportation in company with adults charged with or convicted of crime, except in the presence of a proper official.

confined

with adults.

Exhibi

prohib

ited.

§ 6. Section two hundred and ninety-two of said act is hereby amended so as to read as follows:

§ 292. A person who employs, or causes to be employed, or who tions, etc., exhibits, uses or has in his custody for the purpose of exhibiting or employing any child apparently or actually under the age of sixteen. years, or who, having the care, custody or control of such a child as parent, relative, guardian, employer or otherwise, sells, lets out, gives away or in any way procures or consents to the employment or exhibition of such a child either

Exceptions.

Manufacture, etc., of slung. shots,

etc., pro

fire-arms,

1. As a rope or wire walker, dancer, gymnast, contortionist, rider or acrobat; or,

2. In begging or receiving alms, or in any mendicant occupation; or, 3. In peddling, singing or playing upon a musical instrument, or in a theatrical exhibition, or in any wandering occupation; or,

4. In any indecent or immoral exhibition or practice; or,

5. In any practice or exhibition dangerous or injurious to the life, limb, health or morals of the child;

Is guilty of a misdemeanor. But this section does not apply to the employment of any child as a singer or musician in a church, school or academy, or in teaching or learning the science or practice of music, or as a musician in any concert with the written consent of the mayor of the city, or the president of the board of trustees of the village where such concert takes place.

§ 7. Section four hundred and nine of said act is hereby amended so as to read as follows:

§ 409. A person who manufactures, or causes to be manufactured, hibited. or sells or keeps for sale, or offers, or gives, or disposes of, any instruSale of ment or weapon of the kind usually known as slung-shot, billy, sandclub or metal knuckles, or who, in any city in this state, without the written consent of a police magistrate, sells or gives any pistol or other eighteen fire-arm to any person under the age of eighteen years, is guilty of a prohib

etc., to persons under

ited.

misdemeanor.

§ 8. Section four hundred and ten of said act is hereby amended so as to read as follows:

weapons,

etc.

under

§ 410. A person who attempts to use against another, or who, with Concealed intent so to use, carries, conceals or possesses any instrument or weapon of the kind commonly known as slung-shot, billy, sand-club or metal knuckles, or a dagger, dirk or dangerous knife, is guilty of a felony. Any person under the age of eighteen years who shall have, Persons carry or have in his possession in any public street, highway or place eighteen in any city of this state, without a written license from a police not to carmagistrate of such city, any pistol or other fire-arm of any kind, shall be guilty of a misdemeanor. This section shall not apply to the without regular and ordinary transportation of fire-arms as merchandise, or for use without the city limits.

§ 9. Section seven hundred and thirteen of said act is hereby amended so as to read as follows:

arms

license.

under

be

of crime.

§ 713. When a person under the age of sixteen is convicted of a Disposi crime, he may, in the discretion of the court, instead of being tion to sentenced to fine or imprisonment, be placed in charge of any suitable persons person or institution willing to receive him, and be thereafter, until sixteen majority or for a shorter term, subjected to such discipline and control convicted of the person or institution receiving him as a parent or guardian may lawfully exercise over a minor. A child under sixteen years of age committed for misdemeanor, under any provision of this code, must be committed to some reformatory, charitable or other institution authorized by law to receive and take charge of minors. And when any such child is committed to an institution it shall, when practicable, be committed to an institution governed by persons of the same religious faith as the parents of such child.

§ 10. This act shall take effect immediately.

Chap. 47.

AN ACT to amend chapter four hundred and nine of the laws of eighteen hundred and eighty-two, entitled "An act to revise the statutes of this state relating to banks, banking and trust companies."

PASSED March 22, 1884; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section twelve of chapter four hundred and nine of the laws of this state, of the year eighteen hundred and eighty-two, entitled "An act to revise the statutes of this state relating to banks, banking and trust companies," is hereby amended so as to read as follows:

superin

§ 12. It shall be the duty of the superintendent of the banking Examina department, in his discretion, if he shall deem it proper, to personally tions by examine the books, papers and affairs of any bank, banking association, tendent individual banker or corporation required to report to him by section or agent. two hundred and nineteen of this act; or said superintendent may at any time, in his discretion, designate some competent person to make such examination. The person so designated shall forthwith examine

fully into the books, papers and affairs of such bank, banking association, individual banker or corporation, and report to the superintendent, on oath, the result of such examination. A copy of said report may be forthwith published in the manner prescribed in section twenty of Expenses. this act, in respect to the publication of quarterly reports. The expense of every such examination, if any, shall be paid by the corporation examined in such amount as the superintendent shall certify to be just and reasonable. Whenever such examination shall be made by the superintendent in person, or by one or more of the regular clerks in his department, no charge shall be made except for necessary traveling and Examiner other actual expenses. No person so designated by the superintendent, receiver. as provided by this section, shall be appointed receiver of any bank, banking association, individual banker or corporation, whose books, papers and affairs he shall have examined pursuant to the provisions of said section.

not to be

Marginal amended.

§ 2. The marginal note to section twelve of said act is hereby amended note to read as follows: "Examinations by superintendent or agent. Expenses. Examiner not to be receiver.' And the sectional analysis of chapter second, section twelve of said act, is hereby amended to read as follows:

§ 12. Examinations by superintendent or agent. Expenses. Examiner not to be receiver.

Trustees

to regulate rate of interest, etc.

Chap. 48.

AN ACT to amend section two hundred and sixty-seven of chapter four hundred and nine of the laws of eighteen hundred and eighty-two, entitled "An act to revise the statutes of this state relating to banks, banking and trust companies."

PASSED March 22, 1884; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two hundred and sixty-seven of chapter four hundred and nine of the laws of eighteen hundred and eighty-two, entitled "An act to revise the statutes of this state relating to banks, banking and trust companies," is hereby amended so as to read as follows:

§ 267. It shall be the duty of the trustees of every such corporation to regulate the rate of interest or dividends not to exceed five per centum per annum upon the deposits therewith, in such manner that depositors shall receive, as nearly as may be, all the profits of such corporation after deducting necessary expenses and reserving such amount as the trustees may deem expedient as a surplus fund for the security of depositors, which, to the amount of fifteen per centum of their deposits the trustees of any such corporation are hereby authorized gradually to accumulate and hold, to meet any contingency or loss in its business from the depreciation of its securities, or otherwise; provided, however, that the trustees of any such corporation may classify their depositors according to the character, amount and duration of their dealings with the corporation, and regulate the interest or divi