§ 117. Adoption. L. 1920, ch. 287. institution is located, if they reside, or such institution is located, within this state. From the time of the filing and recording thereof, the adoption shall be abrogated, and the person adopted shall reassume its original name and the parents or guardian of the person adopted shall reassume such relation. A person so adopted, however, may be adopted directly from such foster parents by another person or by either of such foster parents in the same manner as from parents, and as if such foster parents were the parents of such person so adopted. (Amended by L. 1910, ch. 154, L. 1913, ch. 38, L. 1915, ch. 352 and L. 1920, ch. 287, in effect Apr. 21, 1920.) Jurisdiction of Surrogate's Court.-A proceeding for adoption under the Domestic Relations Law is not a judicial proceeding and the Surrogate's Court which confirmed the adoption of said child is without power to abrogate the adoption on the petition of the father of the child, except upon the consent of the foster parents. Matter of Hayford (1919), 109 Misc. 479, 179 N. Y. Supp. 182. § 117. Application in behalf of child for the abrogation of an adoption from a charitable institution.-A minor who shall have been adopted in pursuance of this chapter or of any act repealed thereby, from an orphan asylum or charitable institution, or any corporation which shall have been a party to the agreement by which such child was adopted, or any person on the behalf of such child, may make an application to the county judge or the surrogate's court of the county in which the foster parent then resides, or if the foster parent resides without the state, where the original papers of adoption are on file, or where the natural parent or parents or persons whose consent would be necessary to an original adoption reside, for the abrogation of such adoption, on the ground of cruelty, misusage, refusal or necessary provisions or clothing, or inability to support, maintain or educate such child, or of any violation of duty on the part of such foster parent toward such child; which application shall be by a petition setting forth the grounds thereof, and verified by the person or by some officer of the corporation making the same. A citation shall thereon be issued by such judge or surrogate, in or out of such court, requiring such foster parent to show cause why the application should not be granted. The provisions of the code of civil procedure relating to the issuing, contents, time and manner of service of citations issued out of a surrogate's court, and to the hearing on the return thereof, and to enforcing the attendance of witnesses, and to all proceedings thereon, and to appeals from decrees of surrogate's courts, not inconsistent with this chapter, shall apply to such citation, and to all proceedings thereon. Such judge or court shall have power to order or compel the production of the person of such minor. If on the proofs made before him, on the hearing on such citation, the judge or surrogate shall determine that either of the grounds for such application exists, and that the interests of such child will be promoted L. 1920, ch. 287. Adoption. § 118. by granting the application, and that such foster parent has justly forfeited his right to the custody and services of such minor, an order shall be made and entered abrogating the adoption, and thereon the status of such child shall be the same as if no proceedings had been had for the adoption thereof. After one such petition against a foster parent has been denied, a citation on a subsequent petition against the same foster parent may be issued or refused in the discretion of the judge or surrogate to whom such subsequent petition shall be made. (Amended by L. 1920, ch. 287, in effect Apr. 21, 1920.) § 118. Application for foster parent for the abrogation of such an adoption.-A foster parent who shall have adopted a minor in pursuance of this chapter or of any act repealed thereby, from an orphan asylum or charitable institution, may apply to the county judge or surrogate's court of the county in which such foster parent resides, or if the foster parent resides without the state, where the original papers of adoption are on file, or where the natural parent or parents or persons whose consent would be necessary to an original adoption reside, for the abrogation of such adoption on the ground of the wilful desertion of such chlid from such foster parent, or of any misdemeanor or ill-behavior of such child, which application shall be by petition, stating the grounds thereof, and the substance of the agreement of adoption, and shall be verified by the petitioner; and thereon a citation shall be issued by such judge or surrogate in or out of such court, directed to such child, and to the corporation which was a party to such adoption, or, if such corporation does not then exist, to the superintendent of the poor of such county, requiring them to show cause why such petition should not be granted. Unless such corporation shall appear on the return of such citation, before the hearing thereon shall proceed, a special guardian shall be appointed by such judge or court to protect the interests of such child in such proceeding, and the foster parent shall pay to such special guardian such sum as the court shall direct for the purpose of paying the fees and the necessary disbursements in preparing for and contesting such application on behalf of the child. If such judge or surrogate shall determine, on the proofs made before him, on the hearing of such citation, that the child has violated his duty toward such foster parent, and that due regard to the interests of both require that such adoption be abrogated, an order shall be made and entered accordingly; and such judge or court may make any disposition of the child which any court or officer shall then be authorized to make of vagrant, truant or disorderly children. If such judge or surrogate shall otherwise determine, an order shall be made and entered denying the petition. (Amended by L. 1920, ch. 287, in effect Apr. 21, 1920.) Relation of master and apprentice; what constitutes.-Delaware & Lackawanna Western R. R. Co. v. Petrowsky (1918), 250 Fed. 554. DOWER. Action for; Real Property L., §§ 460-491. DRAINAGE. Agricultural lands; Conservation L., §§ 495-501. Of swamps, bogs, meadows or wet lands; Conservation L., §§ 480-494. DRUGS. Manufacture and sale of narcotics regulated; Public Health L., §§ 420-445. L. 1918, ch. 199. Township law repealed. §§ 1-3. EDUCATION. L. 1918, ch. 199.-An act to repeal article eleven-a of the education law, relating to town boards of education, and certain provisions of the chapter by which such article was added, and to provide for the restoration of former conditions with respect to school districts. For provisions of Township School Law, see Article XI-A of Education Law, B. C. & G. Cons. Laws (2nd ed.), pp. 2133-2153. § 1. Repeal of township school law.-Article eleven-a of chapter twentyone of the laws of nineteen hundred and nine, entitled "An act relating to education, constituting chapter sixteen of the consolidated laws," as amended by chapter one hundred and forty of the laws of nineteen hundred and ten, as added by chapter three hundred and twenty-eight of the laws of nineteen hundred and seventeen, entitled "An act to amend the education law, by creating town boards of education and providing for the support and maintenance of schools in towns," and section two of the chapter last mentioned are hereby repealed. § 2. Sections of education law renumbered.-Sections three hundred and sixty-four and three hundred and sixty-five of chapter twenty-one of the laws of nineteen hundred and nine, entitled "An act relating to education, constituting chapter sixteen of the consolidated laws," as amended by chapter one hundred and forty of the laws of nineteen hundred and ten, as thus renumbered by chapter three hundred and twenty-eight of the laws of nineteen hundred and seventeen, are hereby renumbered sections three hundred and forty and three hundred and forty-one; and sections three hundred and seventy, three hundred and seventy-one, three hundred and seventy-two, three hundred and seventy-three, three hundred and seventyfour and three hundred and seventy-five of such chapter, as thus renumbered by chapter three hundred and twenty-eight of the laws of nineteen, hundred and seventeen, are hereby renumbered, respectively, sections three hundred and sixty, three hundred and sixty-one, three hundred and sixtytwo, three hundred and sixty-three, three hundred and sixty-four and three hundred and sixty-five. 3. Restoration of school districts; election of trustees.-School districts, as existing on the second day of May, nineteen hundred and seventeen, which became subject to the provisions of chapter three hundred and twentyeight of the laws of nineteen hundred and seventeen, are restored, from and after August first, nineteen hundred and eighteen, with the powers and functions of common or union free school districts, as the case may be, as VOL. X-28 §§ 4-6. Township law repealed. L. 1918, ch. 199. prescribed by the education law, and shall continue until altered, consolidated or dissolved as provided in such law. All acts or parts of acts, general or special, repealed by chapter three hundred and twenty-eight of the laws of nineteen hundred and seventeen, are hereby re-enacted to take effect on August first, nineteen hundred and eighteen. Trustees shall be elected, meetings held and preliminary business transacted prior thereto as provided in the next section. § 4. Meeting for election of trustees.-The district superintendent shall issue a call for a meeting, in each such school district within his jurisdiction, of the qualified electors thereof, to be held in the month of June, nineteen hundred and eighteen. He shall cause notice of such meeting to be given in the manner provided in section one hundred and ninety-three of the education law for the giving of notice of an annual meeting by the clerk. The expense of giving such notice shall be a charge against the district. The meeting may be called to order by any qualified elector present, who may conduct the election of a chairman, clerk and tellers. A trustee or trustees, as the case may be, for such district shall be elected to take office on the first day of August, nineteen hundred and eighteen. Where more than one trustee is to be chosen, they shall be elected for terms severally expiring in such manner that the number of trustees to be elected therafter, on the first Tuesday of May in each year, for full terms, shall conform to the provisions of the education law. The whole number of trustees to be elected at such meeting in June, nineteen hundred and eighteen, shall be the number which such district had on May second, nineteen hundred and seventeen; but nothing herein contained shall prevent a subsequent change in the number, after August first, nineteen hundred and eighteen, in the manner provided in such law. § 5. Business at meeting; qualification of electors.-At such meeting in June, nineteen hundred and eighteen, any business which, by the provisions of the education law may be transacted at an annual meeting in a similar school district, may be transacted at the meeting so called. The provisions of the education law relating to the qualifications of electors at an annual meeting shall apply. § 6. Powers of town boards pending restoration of districts.-Except as otherwise provided in this section, a town board of education, constituted pursuant to article eleven-a of the education law, as added by chapter three hundred and twenty-eight of the laws of nineteen hundred and seventeen, shall not borrow money, issue bonds or other evidences of debt or make any contract obligation, after this section takes effect. Provided, however, that where funds on hand or provided for shall be insufficient to pay salaries and compensation of principals, teachers, medical inspectors, nurses, attendance officers, janitors and other employees of the board, and necessary |