New-York tribune., 1869-03-01
ALBANY.
,nyuKrANr BILL WITH REFERENCE TO itLETi i'9Is;o
INNATE AND ADOPTED CHILDREN-Ah DA we
RATIROlL BILL. .......

Y,
the Legislature while it has been in session na0
worked hard compared with the action OF past bes
islatnres Al the early part of tho session. DUN %
horses This year have considered and passeu inole
b;l mn 10 the time Of the usual recess than the leg
isature Of last wear did up to the same tilne ~ 'n0
RECESS had been dispensed with, there mght nave
~ a reasonable chance of adjourning SINE die 'cn
A. of,er the 100 days expired. Bnt the members
80 90 generally determined TO 60 home that tneie
vas no vote by ayes and noes on the motion
Jpd0e Miller of Seneca County, some days s,no''
introduced into the Assembly two uLiiS iOO s
toward an important change IN the coninon IA"
statutes of this State, in reference 10 "uVP'0u
Itirate children The first, and perhaps most i'I-
~ titled Z" An Act for the better Protection
- nIogitn,ate Children and TO Restrain and Punish
TioontiopsnessD The first section enables any lie
nate child whose putatiye or alleged father, IS nv
;no aud competont 10 give evidence in his own De-
half in a civil action, TO bring an acton III tle or
preme Court against such father for relief. Inc
netion TO proceed in all respects like any other dNh
action for relief and the relief which the child may
rlam is t) to establish hls paternity VI TO assume
the family name of his father: t3l TO have proper
Allowance made him for his support and educatoni
and fourth to he secured portion of his fathers es
tate in no case exceeding Onehalf what legitimate
child would be entitled to. The Judge claims these
provisions TO be simply just to an innocent ana
belpess child beneficial to the public in restraining
RIGHTEOUSNESS and preventing paupeTism ana erlmei
and of course, in the nature of punishment OF the
more guilty. parent Children of both sexes are also
70 receive he benefit of the law, but no benefit is to
secrue 70 the mother; nor are the Bastardy laws for
the pecuniary protection of the public, interfered
with. BY Section it is provided that if the child
plaintiff succeeds in its action, the Court is authorized
TO INQUIRE into the character and surroundings OF the
child and the fortune and legitimate family, II any
of the father-deendant and in view OF all these TO
make such an allowance to the child for its educa-
ton as may be just to all parties; and the Court may
also decree the child portion of the fathers estate
at the time of the fathers death. Subsequent sec
tiOns give the Court full power to direct about the
childs guardianship, &c, and throw guards around
the proceedings against fraud conspiracy, &C. This
BILL pet one with its author, was reported by the
judiciary Committee for the consideration OF the
House, the attack on the common law being little
too strong for the lawyers on that Committee to
make a favorable report. ... ..- 4
The other bill of Judge Miller received unanl-
nous report in its favor. This bin is entitled, " An
Act to Regulate the Adoption of Children" and is be-
lieyed TO be a much needed legal reform. Section
one provides form of adoption by which any child
NAV be adopted by any person persons being hus-
cord The next section adds that child so adopted
shall become the lawful heir of the parent adopting
such child Ifhusband and wife adopts jointly, the
child becomes joint heir of both; if either adopt
alone then only Of the adopting parent This Is IN
tended to guard against the accident of an adopted
child being thrown on the world penniless by reason
of its adopted parent dying intestate The Supreme
Court is given power to annul any adoption for good
cause and upon just terms The bill further provides
that children born out of lawful wedlock, where
parents shall subsequently intermarTy, and acknoWl
edge them shall be legtimized. -
As there has been much inquiry in regard to the
details of Mr.. j. b. Bancroft Dayiss bill, authorizing
State Commission to build underground or elevated
railroads in New-YoTk send the bill in full. 1t
is as follows; .. .-r.. ..t .
The People Of the state OF NeO York represented in
Senate aud Assembly, do enact as JottOiSs
sEcTIoN1 Hamilton Fish, Marshall o. Roberts, Samuel
J. Tden, Edwin D. Morgan, Samuel Sloane, Alexander
Diyen Moses H. GTinnel, the Mayer OF the City oi
duct Board exofco, and the State Engineer exonleo
Iha constitute Board OF commissioners TO be KNOW
W as the "NewYork Steam Railroad Commissioners, 10
the purpose OF constructing ana operating steam Ta
TO common seal. and under their SAID corporate
t hod and own real and estate for the
purposes hereinafter mentioned And they are hereb!
franchises not Inconsistent with the terms Of this act
which conferred upon railroad corporations by th
formation of Railroad Corporations and to regulate thu
same passed April ls59 and the several acts amehda
SEC. q Thesad Commissioners, kept the said Mayo
and state Engineer, shall be divided by lot into foul
classes Of tive each. who shall respectively hold thei
offices for two, three four and five years, nom the frs
By the Legislature on joint ballot and each Commissone
go chosen IN the place Of CommissoDer whose term
cies shall be flied by the Legislature on Joint ballot
qualify by taxing an oath to faithfully discharge the du
ties thereof They shall have power TO employ engineer;
may Be necessary TO enable them to perform their dute
under this act and may also elect one OF their number
executive officer, and shall receive such salary as the
shall determine they shall also have power 70 max
bylaws for the government or regulation or the Board
and majority OF the Board shall constitute quorum
for the transaction OF business at any regular meeting
the Board at any special meeting OF which all haY
notice as may be provided In the bylaws.
SEC s. The said Commissioners shall as soon as prac
Gcable after their organization, adopt such plan as II
their opinion shall be most advantageous for railroad
River and through the City and County of NewYOrk
ana nGt upon ~ @ 9 me Voc ocaoo D of SSeb road 81
roads endeavor TO place the same where they shall AFFORD
the greatest accommodation TO the public and If In the
Judgment more than one remuneratiye road north
ey southery hne may be constructed IN any part OF
70 ocate such roads They may also locate such lateral
east and roads in their Judgment the aeeOmmOda
In TVH determinihs the character of Such roads
whether underground or elevated OF both have refer
age and sewerage and gas ana water pipes In sad cy
railroads TO be constructed by virtue hereof ana as to
the location OF the same shall DO nnRl and conclusive,
and may not be appealed FROM And said commissioners
sha also have the power TO award and pay such
pensaon they shah ht 20 any person persons
who shall be is their Judgment entitled thereto by
OF the conception the development OF any features
Ideas eOntainedinsnc plan as they may adopt. And
when they adopted such plan and location, they
sha file IN the Oco OF the Secretary OF State and Of the
County Clerk OF New York. each map OF such location
showing the land % be taken for and occupied by such
road roads, and ali sding turnOuts depot grounds,
and stations and also plans, descriptions aud specca-
tons for the construction thereof.
SIC L. The said commissioners hereby authorized
TO construct, operate. and maintain such railroad or
railroads, Of as many tracks as shown in such