{ title: 'The Niagara sun. volume (Lockport, N.Y.) 1896-19??, July 14, 1896, Page 7, Image 7', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn94057632/1896-07-14/ed-1/seq-7/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn94057632/1896-07-14/ed-1/seq-7.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn94057632/1896-07-14/ed-1/seq-7/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn94057632/1896-07-14/ed-1/seq-7/ocr.txt', label: 'text/plain', meta: '', }, ] }
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fae «mi to the of this. as to tne madifftontion of theiv terms of office and the numboi of such trusteos, Such trustéos or mando gholb horoafter bo termed manigers. | On or boforo the thirby-flrat of Docomber, nft- or this offipter taleosoffoct, and ab which time the tomns of tthe numagors thon in offlco shall |. explro, tho governor shall uppoint a board mongliting of suven niombersfor cach state hospital- by go- arranging tomms of one, two, threo, four, fivo, stx and sevon yours, that a term shall oxplve on the thirty-frat day of Do- cember in. ench your, boginning with tho, your elghtaoon hundrod and ninoty-sovon. If a vas candy ogour than by expiration of \ +torim, tho appotitment of a mimagor to fill /- such vicanoy shall bo for the: unoxpired torm 'of the munagor whose .offico beconmme vacint; but the: yruvmlom of this gootlon shall not ap- ply to the Middletown Stato Homeopathic hospital at Middlotown,-in tho county of Or- ants? whore the number of managers shall be Mrtootts Boo. 82, Appotntmiont and romoval of man- 'agots.«=Tho managors and. their succossors ap« pointed after the appointment und classifion~ tion mado pursuant to. the procoding section, shall governally: bo appointed; by the governor, by and with tho advice und consent of the sen- ato. as offon. as a. vacancy Shall ccour by ox- plration of term, or otherwise; and thoy may severally continue in'olfleo until thoir stoook- «ork Are: uppolonted and have quaillfled; and they shall bo. aubjoct to removal by the gov- tiport enuso shown and an opportunity to be hourd. Alt miunagors horoafter appoint od shinlt resldo in the hospital district in which the boapital is sltuntod for which they aro re- spootivoly uppointad, but no: person shall boe | <ligible to the office of managor who Is eithor «an clookive: stuto ofticar oma member of the loglelnturo, and if any sudh manager shall be- comé A member of the loglslabure or such clés: 'tlvo stata officer, his offles as shall bo Yaontt. Alt tho munagors of the Middletown State Homoopathia hospital and of the Collins State Homeoputhic hospital may be appointed front any portion of the state and shall bo ad« 'hororbe of homncopathy, It any managor falls 'for one your to attend tho roguint meetings of 'the board of which ho. is a his office shall bo vacant, and tho bourd by rosolution ghall #o: deolarc, sud v cortified copy of every such reschution shall forthwith be frangmitted by the bourd to the governor, <_, Boo: 80, General powors and dutios of boards -of managora.«=-Bubjoot to the statutory powers! 1. of tho commidston, each. board of managers ghalit havo the goneral direction and control of altthe proporty and concernsof the institution «dvor which 'they aro respectively appointed, mot otherwise provided. by Iaw. 'Thoy may acquire and hold in the tamo of and for the «goople of tho state of Now York by grant, . * gitt, doviso or boquent, property to bo applied: to the maintenance. of ingsne porsons in and [lion the gonernt uso of the hospital. All lands ' mocossary for tho ugo of state hospitals shall bo acquired by condomnation as landsfor pub- \Mo uso sre noquired, oxcept: thos6. by gift, de- viso or purchase, tho torms of which purchase «shall bo approved by the, commission und tho comptroller, No public: stvoot or road for railroad or other purposes shall be oponed through tho lands: of is state hospital, unlous the logixlatura, by spoolal act, congonts there» to. Tho managors ghiall not rocelvo any com- ponsntlon for thoim sorvicey, bib shall rocolva ~ natual nnd: socessory traveling and' othor ox- wonses, to be paid nftor nudit is othor curront mxpumiibm‘mof the hospital. Bach board shall; Le Taleo onve -6f tha gonerat interests of the ''nospltal and#60 that Ats dosign is carried into according to. law, and its by-laws, rules f Imnx rogalitionss. . Establish such By-inwg, rules and rogula tiong as they may deem nocosiney and expoedi« : ont for rogulating tha appointment and dubtes 'of offleors and omployos of the hospital, and for the: mmnmlfigovurmnonfi. ~discipling and mavaggmont of tho stung. ~> 0 4: ”3\:an am cfiogfivé Anapootion of the Rospital, for which purpose a. majority of the board shall vistt the hospitil at.loast evory throo months, and the whoto. board once a your, and at such othor timos nso may be pro- worlhed in the by-daws. h (4. Koop In i hook provided for that purpose, «t fair and full rocord of their doings, which «shal be opon nt all timos. to: tho inspection of \the governor of the state, the commissionora An lunacy, or any portion appointed by the gov- «qrnor; tho commigsion in lunacy, or cither hows of the loglalnturo: to exaining the same. 5. Cuuso to bo typownrltten within tem days after onch mooting of such managors, or a > tharoof, tho minutes. and procood- Angs of such meeting, and onuse a copy thoreot \to be song forthwith to: auch momBer of such boned and to the commission. Los . 6. Entor in a book kopt by them for that pur- sposa, the date of oncln of thoir visite, and the oondition of the hospital and pationts, and. all iduch managors progont shall sign tho same. '.. T. Mako: to the commission, in Octoior of, your, a datiilled roport of the results of their visits and inspootion,; with auttable sug- and mich 6thor mattors as may bo: ro- quired of thom. by the commisslon, for tho year onding on: the thirtioth day of Soptember the daté of. such report. Tho rest «dent offlicors shalt admit such managars into evory port of the hospital and its buildings, ~ nd oxh(bl6 fo thon on demand alt the books, . papers, notqunts and writings bolonging to tho hospital or portaining to its business, diséiplino or government, and Aurnislc copios,. abstracts and, roports whons ' Aver xofiuix’ d by thom. Sao #4, Appolntmonts 6% officors by man- of guch boards shalt continuo to appolnnt for hospital, as. often ad vacancies gogwr thoroin : > 1. 'A suporintondont, who: shall bo a woll-ed- dated physlclan and a graduato of an incor- .. porated madical collogo, of ut longt five years' aotunt oxporionco in an institution for the «nro and troatment of the insane. The super- A4ntondonts mid all assistant physicians of, \homeopathic hospitals for the ingame shall ba- homeopathic physicluns, but such homeopathic :~ ~physlolans shall not be eligible to appointmont An orf frangfor to. state hospitals that are not for homeopathic treatment. 2. A tronstror, who shall keop all tho books,. records ind papors portaining. to his official dublos, in fin offtco situated whore thG board «of munagore may direct, who shall give an un- dortatding to tho poople of tho stato for the porformanco of his trast, with sure oi to bu approved by the comity Judgo of the county or a: Justloo of the suptome court of the judiotal distrleb in which such hospital is lo- cated, nnd Int amount as the comptrollor df the athte shall nme. | Such Siporintendent «ar troastttor may bo removed by n voto of a. majorlty of the bourd of managors for enuse in writing, an opportunity having beon (vgtvgn (11110111 to be how'd, and. augh nctiort shall 6 Andle ,; Boo. 98. powers nnd dubtes of super- Antendent-='The. stperintendornt of euch hos- “INN shall bo Itw ohiot axoouttve offleor, and in hig absonco or sleknoss . the fivst assistant or other officor designated by tho, Sf'Mupuriutitqudunb . Shall portorm: the dutles and he anbject to the responsibilitlos of the stupor Antendent. Subject to the by-Amvsg and roguia« flon# catablishedt by tho board of managers, the mtportntendont shail havo the gerioral su- > porintondonce of the buildings, grounds and axis, togothor with thoir fournitaro, fixtures nnd stook, and the divagtion and control of all persons thorcin, und shall; . . 1. Porsonally mabitidn an. effective supervi- glon and Inspostion of all party of tho hospital and gonormily direct tho enrennd treatmont of the pationts. | To this gud the suporintondont ghnlt porsounily examine tho condition of cach pattont acitith five days nfter hig admission to: the hoipital, and shat! regularly visit ait of tnuwmx'dfl' or apattments. for pationts at such times us tho riles and regulations of the hog» pital shall progortbho, | s # Appolnt such rosdonty offfcors, including \46 woniun pbyslolan, and such cinployes as ho ®, mar thinit propor amc neecssary for the secon- omloat ind afficlont porformniice of the bust« moss of the und progertbe their dutios and discharge any of such employes tn hig dia- gvtotion, | Tho nuntbor of such restdent offlcors amd employes &haff bo dotormined by the com- | The suporintendent miay remove any romldont officor, for cause stated in writing, iAiftar an opparttwilty to be heard, and such ag« tlom of the superintendent stilt be fianl, Upon any such romovat ho shall make artécord thore« ob. with tho seasond. thorofor, tnder tho up« gfgxlirlufio head: in: one of the hbaoks of tha hos pifal ‘ . .< Tthe guperintondent, assistant physicians, in- «luding tho wonran physiclam. atoward and ohall constinbly {Emma In tho hospital, - dhe oif tho- promises, and. shall boe dogignated the * velo. nr an on + resilient offtars of the hospital. The assistant phystctans, ineludiacg the woman physician, thalt he graduates of an incorporated medical college, and shall possess such other qualifies < Hogs s- may he required by Inw. D. by mall to the commission in Lunney, Within five days aftor nny such dis: sharge, Information of such discharge, and of tho cause thervot,. Elio commission shall pro- ~ the nama of stich officer, or employe, with the facts relating to his discharge, in a book provided for that purpose. , 4. Appoint stith number of special police: mien as may be determined, whose duty it \shall be, under the order of the superintend- ; put, to arrost and roturn to the hospital in: sung persong who may esenpe therefrom, and to preserve perce and good order in such hos pital and to fully protect the grounds, build ings ind patients. Such policemon shall pos: sesu all tho powers of peace officers on the grounds and promises of such hospitals and te the extont 6f ono hundred yards beyond such grounds. The appointment. of special police: ' men, in pursuance hereof, shall not be deemed to supersede, on the grounds and premises of suck hospital, the suthority of peace officers of the jurisdiction within which such hospital ig locntedt 5, Give such orders and. instructions as he may doom best coloulated to insure good con: duct, fidelity and economy in every dopart mont of labor and exponse. R €. Maintain. salutary discipline among all who aro employed in the institution and en: foro itrict compliance with his instructions and uniform obedionce to all rules and regu : lations of the hospifal. - ?. Establish and supervise a training school for attondints and. nurses, under rules and regulations pf the hospital. __ 8. Cause fulland fair accounts and records of all his doings and of the entire business and - oporations of the hospital, to be kept regular 1y, from day to day, in books provided for that purpose. Of Sco that ll such ncecounts and records 'are fully made up. to the Inst day of Septem- bor in ench year, and that the principal facts and rosults, with his report. thereon, be pro- ' sonted to the manngors within thirty days thoroafter, who shall incorporate it jn thoit \report to the commission. 10. Keop a hook, in which he shall eatise to be entered at the time of reception of any pa: tient, his name, residence and occupation, and the date of such reception, by whom broyght and by what authority and on whose petition committed, and an abstract of all orders, war rants, requosts, petitions, certificates and oth er papers nccompanying such person. Seo. 86, The general and medical superin' tendents of tho: Long Island and Manhattan stato hospitals.-Thoro shall be a general su: perintendent of the Long Island state hospital and a gonéral superintendent of the Manhattan state hospital, each of whom, as often as va- canoles ocour, shall be appointed by the board of managors of each such hospital. General superintendents shall be subject to removal by a voto of a inajority of such board for cause stated in writing, after an opportunity to be heard, and such action shall be final. Such onoratsuperintondent shall possess the same qualifications ag the superintendent of othet state hospitals, and shall have the same gener- ' al powers and dutles as provided by section thirty-fivo. of this chapter. The general su- perintondent of tho Long Island State hospital shall appoint two medical superintendents, one for the part of the hqspital jocated at . Kings Park, and one for that at Brooklyn. Tho general superintendent of the Manbat ed State hospital shall appoint three medical su- perintendents; two of whom shall reside at Ward's island, one for the men's department and one for the women's departmont, and one at Contiul Islip. Each general superintendent shall appoint a steward for each hospital and as many matrons as thd, necessities of the hos pital Hidy require. The medical superintend: fents and qthor wage} officers may be rerpoy ed by stich goneral Siperintendents, for eAlse stated in writing, after an opportunity to be henrd, und such action of the general saporin- tondents shall bo final. Tho medical superin-, tondont$ so appointed shall have the same stat- utory qualiflcations' as suporinteridents of other stato hospitals, Each shall have the powers and porform the dutics prescribed by tho gonoral suporintendent, and, shallbe sub ject to the direction and control of such gen- oral superintendent and fhe rules and regula tions of the hospital. C- % Seo, 87% Meatings of superintendents:-The suporintengents of the sovéerat stute hospitals, or their represontatives, including the general - suporintandents of the Long Island and Man- hattan state lioupitals and, in the discretion of ench board of managors, one member of each board to be designated by it, shall meot af least once in every month, on a day to bo ap- pointad by the commission, at the office of the commiggion at Albany, or ab such other place as may bo designated by*it, to consult with such. commqqsion with reforence to matters re- lating to the caro and maintennnce of the stato hospitals and particularly with reference to the purchase of supplies for their use. Sec. 88. Salaries of officers and wages of em- ployoes,-Tho commission, from time to time, with the approval in writing of the governor, socrotary of stato and comptroller, shall fis tho annual salaries of the resident officers and treasurers of the state hospitals, which shall . be uniform for like services. They shall cinssi- ' fy the other officers and employes into grades, and determing the salaries and wages to be pald in cach grado, which:shall bo uniform An all tho hospitals, 'The» salaries and wage: shall be included in the monthly estimates and paid. in the same manner as other expenses of the state hospitaly, Food supplies shall be al- lowed to officers and: employes and the fami les of the superintendents, general superin: tondents, medical suporintendents, first as sistant physicians. and. stewards. Food sup plics shall continue to be allowed the families of the nssistant physicians, rosiding at the hospitals on January hundred and ningty-six. Such families shall consist only of the wives and minor children of such offi core; no other persons, except those regularly employed, shall be allowed rooms and main- tenance, oxcept at a rate to be fixed by the commission; such supplies shall be drawn from the supplies provided for general hog pital use. Beo. 80, Monthly estimate of expenses: con- tingont fund.--The superintendent of each o1 tho state hospitals shall, on or before the fif- teonth day of each month, cause to be prepar- ed. triplicate estimates in minute detail, of the expensos required for the hospital of which he is superintendent, for the ensuing month. He shall submit two of such triplicates to the commission and file the third copy in the office . of tho suporintondent. The commission may revigo ostimates for supplies or other expendi- tures cithor as to quantity, quality, or the es tlinated cost thoreof, and shall certif} that it has carefully examingd the same and that the articles contained in such estimate, as approv ad or rovised by it; are actually required foi the uso of the hospital, and shall thereupor presont such estimate and certificate to the comptrollor, Upon tho reviston and approval of such estimate by the commission, the comp troller shall nuthorize the boards of imanagar: to make drafts on the comptroller, as the mongy may bo required for the purposes mon toned. in guch estimates, which drafts shall be paid. on the warrant of the comptroller, out of tho funds in the treasury of the state held for the care of the insung and the maintenance of stato hospitals. In every such estimate, there hall been sum named, not to exceed one thou gand dollars, as a contingent fund for whict no minute detailed statement need be made . No expenditure shall bo made from such con tingont fund, excopt in case of actual emer goney, requiring immediate action and whick cin no# bo deferred without incurring loss of * danger to the hospital or the inmates thereof No monoy shall bo expornided for the uso of any of the state hospitals, except as provide? in this. section. Libraries may be furnished to any state hosapttal by tho regents of the unt versity of the state of New York, subject tc regulations ndopted by them and the commis -glom, tho expense of which shall be includet in the monthly estimates of the hospital. Heo. 40. Powors and duties of treasuror.-Tht - troasurer of oach hospital shall: =~ 1. Hnvo the custody of aH monsys from the comptrotlor on necount of estimate: made by the suporintendont and revised ane approved by the commission, aud keep an ac curate account thoreof. 2 Hnve the custody of all bonds, notes mortgagos oud other securities and #lons belonging to the hospital. ' & » 8. Roccive all money for the care and treat + TUESDAY, JULY 14 m nt of privace patients and other sources of revenue of the hosvitai. 4. Deposit all sich money in a bank desig- nate? by the comptroller conveniently near the hospital, in his name as treasurer, and send cach uonth to the compbrolier, to the commission and to the bosrd of managers a stutement, showing the amount so received and deposited, and from whom and for what received, and when such deposits were made. Such statement of deposit shall be certified by the proper officer of the bank receiving such deposit. The treasurer shall make an affidavit to the effect that the sum so deposited is all the money received by him, from any source of hospital income, up to the time of the last deposit appearing on such statement. A bank designated by the comptroller to receive such deposits shall, before any deposit is made, ex- ecute a bond to the people of the state, in a sum approved by the comptroller for the safe keoping of the funds deposited. 6. Pay out the money deposited for the uses of the state hospital, upon the voucher of the steward, npproved by the superintendent in sccordance with the estimates made by the superintendent and revised and approved by the commission. 6. Keep full and accurate accounts of all re- ceipts and payments, in the manner directed in the by-laws and according to books and forms prescribed and furnished by the com- mission. 7. Bulance all sccounts on his books, annual y, on the last day of September, and make n statement thereof and an abstract of the re- coipts and payments of the past year and de- liver the same, within ten days, to the execu- tive committee of the mamagers, who shall compare the sume with the books and vouch: ers and verify the results by further compari- son with the books of the steward, and certify in regard to the correct@ess thereof to the managers nt their next mecting. 8. Render an account of the state of the books and the funds and other property in his custody, whenever required by the managers, or the commission. 9. Execute a release and satisfaction of a mortgage, judgment or other len or debt in favor of the hospital, when paid. Bec. 41. Monthly statements of receipts and expenditures; vouchers. -The treasurer of each state hospital shall, on or before the fif- teenth day of each month, make to the comp- troller and to the commission a full and per- foct statement of all the receipts and expendi- tures, specifying the several item$, for the last preceding calendar month. Such statement shall be verified by the affidavit of the treasur- er attached thereto, in the following form. L of the .........2... state hospital, do- solemnly swear that I have deposited in the bank désignated by law for such purpose, all the moneys received by me on account of the 'hospital during the last month, and I do further swear that the fore- going is a true abstract of all the moneys re- ceived and payments made by me or under my direction as such treasurer during the month ending on the ...... . day of ....... ., 18.... There shall also be attached thereto the affi- davit of the steward, to the effect that the goods and other articles therein specified were purchased and received by him, and under bis directions, nt the hospital; that the goods were purchased at a fair cash market price and paid for in cash, or on credit, nob exceeding thirty days, and that he, or any person in his behalf, had no pecuniary or other interest in the ar- tloleg purchased;: that he received no pecun: lary or other benefit therefrom in the way of 'commigsion, percentage, deductions or pres- ents, or in any othe? mannér whatever, di- rectly or indirectly; that the articles contgin- ed in such bill were received at tle hospital; that they conformed in all respects to the in- voiced. goods regsived apq ordered by him, both in quality and quantity. Such statement shall be accompanied by the voucher showing the pay mont of the several items Contained in the statement and the approval thereof by the Superintendont, the sxiount of such payment and for what the payment was made. Such approval may be contained on an audit sheet, which shall refer to each voucher approved by the superintendent, giving the number of, voucher, the name of the claimant and the amount at which it was approved. Such vouch- ers shall be examined by the commission and compnred with the estimates made for the month for which the statement is rendered, and if found correct shall be indorsed and forwarded by the commission, with the state- ment to the compbrolier. If any voucher is found objectionable, the comptroller shall in- \ dorse his disapproval thereon, with the reason therefor, and return it to the treasurer, who shall prosent it fo the superintendent for cor- rection, and when corrected return it to the comptroller. All such vouchers shall be filed in the office of the comptroller. . Sec. 42. Actions to recover. moneys due the hospital:-The trensurer of any state hospital may bring an action in the name of the hos- pital, to recover for the use thereof; 1, The amount due upon any note or bond in his hands belonging to the hospital. 2. Tho amount charged and due, according to tke by-laws of the hospital, for the support of any patient therein, or for actual disburs ments mado in his behalf for necessary cloth- ing find traveling expen§es. 8. Upon any cause of action accruing to the hospital. © Sec. 48. General powers and duties of the steward.-The steward, under the direction of the superintendent, shall be accountable for the caroful keeping and economical use of all furnituré, stores and other articles provid- ed for the hospital, and under the direction of the superintendent, shall: R f 1. 'Make All purchases for the hospital and preserve the oviginal bills and receipts there- of, and keep full and accurate accounts of the same. 2. Propare and keep the pay-rolls of the hos- pital, . ' 8. Keep the accounts for the support of pn- tients and expenses incurred if their behalf; and furnish the treasurer statements thereof as they.fall due. 1 4. Notify the treasurer of the death or dis- charge of any reimbursing or pay patient, within fivedays after such death or discharge. Sec.44. Purchases.-All purchases of sup- plies for the use of the hospital shall be made for cash or on credit or time, not exceeding sixty days; every voucher shall be duly filled 'up, and with every abstract of vouchers paid, there shall be proof on cath that the voucher was properly filled up and the money paid. No expenditures for supplies or other pur- poses shall be made by the board of managers of any state hospital for the benefit of such hospital, by contract or otherwise, unless in conformity with the provisions of this ret in relation to estimates. No manager or officer of a hospital shall be interested, directly or in- directly, in the furnishing of material, labor or supplies for the use of the hospital, nor shall any manager or officer act as attorney or counsel for such hospital. Contracts may be entered into jointly, by the representatives of the managers of two or more of the state hos- pitals, for such staple articles of supplies, as it may be found feasible, by the commission, for the hospitals to purchase in bulk under such contracts. Such contracts shall not be let excopt in conformity with the provisions of this act rolating to estimates. Such con- tracts shall be executed by one of such repre- yentatives of the managers to be designated by thom. The state hospitals may manufacture such supplies and materials to be used in any of such hospitals as can be cconomically made therein. Soe. 45. Official onth.-Each superintendent, treasurer and steward of a hospital, before entering upon his duties as such, shall tike the constitutional outh of office and file the * same in the office of the secretary of state. Sec. 46. Actions against commissioners in lunacy, or officers of state hospitais.-No civil action shall be brought in any court against the commission or a commissioner in lunacy, or an officer or manager of a state hospital, for alleged damages because of any act done or failure to perform any act, while dischirg- ing their official duties, without leave of a judgo of the supreme court, first had and ob- tained. Any just claim for damages against such commission or commissioner, officer or for which the state would be legally or equitably liable, may be paid out of any Inoneys appropriated for the care of the in- inne. ; §ée. 47. Privato institutions for the insane. \-No person,asgociation or corporation shall es tablish or keep an institution for the care, cus 'tody or treatment of the insane, for compensa- tion or hiro, without first obtaining a license: therefor from the commission. Every appli- cation for such liconse shall be accompanied gos * 2 eog by a plan of the premises proposed to be oc cupled, describing the capacities of the build- ings for the uses intended, the extent and lo- cation of grounds appurtenant thereto, apd the number of patients proposed to be receiv- oA therein, with such other information, ?nd in such form, as the commission may require. The commission shall not grant any 8.11011 license without first having made an examina- tion of the premises proposed to be licensed, and being satisfied that they are substantially as described, and are otherwise fit and suita- ble for the purposes for which they are de- signed to be used, and that such license should: be granted. 'The commission may, at any and. all times, examine and ascertain how far a licensed institution is conducted in compliance with the licenso therefor, and after due notice to the institution and opportunity for it to be heard, the commission having made a record of the proceeding upon such hearing, may, if the interest of the inmates of the institution so demand, for just and reasonable cause then 'appearing and to be stated in its order, amend or revoke any such licenses by an order to take effect within such time after the service there- of upon the licensee, as the commission shall determine. Bec. 48, Recommendations of commission.- The authorities of each institution for the in- sane shall place on file in the office of the in- stitution, the recommendations made by the commissioners as a result of their visits, for the purpose of consultation by such authori- ties, and for reference by the commissioners upon their visits. ' Bec. 49. Visitors to state hospitals.-Justices of the supreme court are authorized to appoint visitors to state hospitals, upon nomination of the state charities aid association, as provided by law. ARTICLE IH. COMMITMENT, CUSTODY AND DISCHARGE OF TRE INSANE. Section 60. Order for commitment of an in- sane person. 61. Medical examiners in lunacy; certificates of lunacy. 62. Proceedings to determine the question of insanity. 63. Appeal from order of commitment. +64. Costs of commitment. 65. Liability for care and support of poor and indigent insane. P : 66. Liability for the care and support of the insane, other than the poor and indigent. 67. Duties of local officers in regard to the insane. 68, Duty of committee and others to care for the insane; apprehension and confinement of a dangerous person. * 690. Pationts admitted under special agreo- ment. * 70. Entries in case book. 71. Transfer of patients when hospital is overcrowded. * 72. Investigation into the care and treatment of the insane. 78. Habeas corpus. 74. Discharge of patients. 75. Clothing and money to be furnishod dis- 'charged patients. 76. Transfer of nonresident patients.. 77. Insane Indians.\ « See. 60. Order for commitment of an insane person.-A person alleged to be insane and who is not in confinement on a criminal charge, may be committed to and confined in an insti-, tution for the custody and treatment of the insane, upon an order made by a judge of a court of record of the city or county, or a jus- tico of the supreme-court of the judicial dis trict, in which the fleged insane person re- sides or may be, adjudging such person to be insane, upon' a certificate of lunacy made by two qualified medical examiners in lunacy, Accompanied by a verified petition therefor; or upon such certificate and petition, and aft! er a hearirig to determine such question, as provided in this.article. The commission shall prescribe and furnish blanks for such certifi- cates and petitions, which shall be made nly npon such blanks. An insane person shall be committed only to a state hospital, a duly licensed institution for the insane, or the Mat« teawan State hospital, or to the care and cus tody of a relative or committee, as hereinafter provided.. No idiot shall be committed to or confined in a state hospital. But any epileptic or feeble-minded person becoming insane may be committed as an insane, person to a state hospital for custody and treatment therein. Sec, 01. Medical examiners. in lunacy; cer- tificates of lunacy.-The certificate of Iinacy must show that such person is insane and must be madb-by two reputable 'physicians, graduates of an incorporated medical college, who have been in tlie actual practice of their profession at least three years, and have fled with the commission a; certified copy of the certificate of a judge of a court of record, showing 'such qualifications in accordance with forms prescribed by the commission. Such physicians shall jointy make a final ex- amination of the person alleged to be insane within ten days next before the granting of the order, 'The date of the certificate of lunacy shall be the date of such joint exam- . ination. Such certificate of lunacy shall be in the form prescribed by the commission, and shall contain the facts and circumstances upon which the judgment of the physicians is based and show 'that the condition of. the person ex- amined is such as to require care and treat- ment in &n institution.for the care, custody and treatment of the insane. a Neither of such physicians shall be a relative of the person applying for the order or of the person alleged to be insane, or a manager, su- porintendent, proprietor,- officer, stockholder, or have any pecuniary interest, directly or in- directly, or be an attending physician in the institution to which it is proposed to commit such person. M See. 62. Proceedings to determine the ques- tion of insanity.-Any person with whom an alleged insane person may reside or at whose house he may be, or the father. or mother, husband or'wife, brother or sister, or the child of any such person, and any overseer of the poor of the town, and superintendent of the poor of the county in which arly such person may be, may apply for sud® order; by present- ing a verified petition containing a statement of the facts. upon which the allegation of insan- ity is based, and because of whick the applica- tion for the order is made. Such petition shall be accompanied by the certificate of lunacy of the medical examiners, as 'prescribed in the preceding section. Notice of such application shall be served personally, at least one day be- fore making such application, upon the person alleged to be insane, and if made by an over- seer or superintendent of the poor,-also upon the husband or wife, father or mother or next of.kin of such alleged insane person, if there be any such krown to be residing within the county, and if not, upon the person with whom such allaged insane person may reside, or at whose house he may be. < The judge to whom the application is to be made may dis- pense with such personal service, or may di- rect substituted service to be made upon some person to be designated by him. He shall state in a certificate to be attached to the pe- tition his reason for dispensing with personal service of such notice, and if substituted serv- ice is directed, the name of the person to be served therowith. The judge to whom such application is made may, if nodemand is made for a hearing in behalf of the alleged inkane person, proceed forthwith to determine the question of insan- ity, and if satisfied @iat the alleged insane person is insane, may immediately issue an order for the commitment of such person to an institution for the custody and treatment of the insane. If, however, ib appears that such insane person is harmless and his rela- tives or a committee of his person are willing and able to properly care for him, at some place other than such institution, upon their written consent, the judge may order that he be placed in the care and custody of such rela- tives or such committee. Such judge may, in his discretion, require other proofs in addition to the petition and certificate of the medical examiners. - ‘ Upon the demand of any relative or near friend in behalf of such alleged insane person, the judge shall, or he may upon his own mo- tion, issue an. order directing the hearing of such application beforehim at a timenot more than five days from the date of such order, which shall be served tipon the parties inter- ested in the application 'and. upon such other . persons as the judge, in his discretion, may name. Upon such day, or upon such other day to which the proceedings shall be regularlyil Adjourned, he shall hear the testimony intro- duced by the parties and examine the alleged insane person if deemed advisable, in or out of court, and render a decision in writing as to that such person is insane, the judge sna forthwith issue his order committing him to an institution for the custody and treatment of the insane, or make such other order as is provided in this section. If such judge can not hear the application he may, in his ofder directing the hearing, name some referee, who shall hear the testimony and report the same forthwith, with his opinion thereon, to such judge, who shall, if satisfied with such report, render his decision accordingly. If the com- | mitment be made to a state hospital, the order shall be accompanied by a written statement of the judge as to the financial condition of the insane person and of the persons legally liable for his maintenance as far as can be as: cerbained. 'The superintendent of such state hospital shall be immediately notified of such commitment and he shall, at once, make pro- visions for the transfer of such insane person to such hospitat. 'The petition of the applicant, the certificate in lunacy of the medical examiners, the order directing a further hearing as provided in this section, if one be issued, and the decision of the judge or referee, and the order of commit- ment shall be presented at the time of the com-, mitment to the superintendent or person in' charge of the institution to which the insane person is committed and verbatim copies shall be forwarded by such superintendent or per- son in charge and filed in the office of the state commission in lunacy. The relative, or com- mittee, to whose care and custody any insane person is committed, shall forthwith file the petition, certificate and order, in the office of the clerk of the county where such order is made, and transmit a certified copy of such papers, to the commission in lunacy, and pro- cure and retain another such certified copy. The superintendent or person in charge of any institution for the care and treatment of the insane may refuse to recéive any person upon any such order, if the papers required to be presented shall not comply with the pro- visions of this section, or if in his judgment, such person is not insane within the meaning of this statute, or if reteived, Such person may be discharged by the commission. No person shall be admitted to any such institufion un- der such order after the expiration of five days from and inclusive of the date thereof. | Sec. 63. Appeal from order of commitment. -If a person ordered to be committed, pursu- ant to this chapter, or any friend in his be- half, is dissatisfied with the final order of a judge or justice committing him, he may, within ten days after the making of such or- der appeal therefrom to a justice of the su- preme court 'other than the justice making the order, who. shall cause a jury to be sum- moned as in ease of proceedings for the ap- pointment of a committee for an insane person, and shall try the question of such insanity in the same manner as in proceedings for the ap-, pointment of a committeo. Before such ape peal shall be heard, such person shall make a deposit or give a bond, to be approved by a justice of the supreme court, for the payment of the costs of the appeal, if the order of.com- mitment is sustained. If the verdict of the jury be that such person is insant, tbe justice shall certify that fact and make an order of commitment as upon the original hearing. Such order shall be presented, at the time of the commitment of such insane person, to the superintendent or person in charge of the in- stitution to which the insane. person is com- mitted, and a copy thereof shall be forwarded to the commission by such superintendent or fperson in charge and filed in the office thereof. E Proceedings under the order shall not be stay- ed pending an appeal therefrom, except upon an order of a justice of the supreme court, and made upon a notice, and after a hearing, with provisions made therein fop such temporary tare. or confinement of tho-alleged insane per son as may be deemed necessary. If a judge shall refuse to grant an applica- tion for an order of commitment of an insane person proved to be dangerous to himself or others, if at large, he'shall state his reasons for such refusal in writing, and any person aggrieved thereby may appeal therefrom in the same manner and under like conditions as ' from an order of commitment. sut Bee. 64, Costs of 'commitment.-The costs necessarily incurred in determining the ques-. tion of the insanity of a poor or indigent per- son and in securing his admission into a state hospital, and the expense of providing proper clothing for such person, in. accordance with the rules and regulations adopted by the com- mission, shall be a charge upon the town, city or county securing the commitment. Such costs shall include the fees allowed by the judge or. justice ordering the commitment to the medical examiners. If the person'sought to be committed is not a poor or indigent per- son, the costs of the proceedings to determine his insanity and to secure his commitment; as provided in thisarticle, shall be a charge upon his estate, or shall be paid by the persons le- gally liable for his maintenance. If in such proceedings, the alleged insane person is de-. termined not to be insane, 'the judge or justice may, in his discretion, charge the costs of the proceedings to the person making the applica- tion for an order of commitment, and judg- ment may be entered for the amount thereof\ and enforced. by execution against such per: son. . . . See. 65. Liability for care and support of poor and indigent insane.-All poor and in- digent insane persons not in confinement un- der criminal. proceedings, shall, without un- necessary delay, be fransférred to a state hos- pital and there wholly supported by the- state. The costs necessarily incurred in the transfer | of patients to state hospitals shall be a charge upon the state. 'The commission shall-secure from relatives or friends who are liable or may be willing to assume the costs of support of inmates of state hospitals supported by the state, reimbursement, in whole or in part, of the money thus expended. 'See. 66. Liability for the care and support of the insane other than the poor and indigent.- The father, mother, husband, wife and chil- dren of an insane person, if of sufiiéient abil- ity, and the committee or guardian of his per- son and estate, if his estate is sufficient for the purpose, shall cause him to be properly and suitably cared for and maintained. -; . The commission and the superintendent of the poor of the county, and the oversser of the poor of the town where any such insane per- son may be, or in the city of New York, the commissioners of public charities, and in Brooklyn, the commissioners of charities and correction, may inquire into the manner in which any such person is cared for and main- tained; and if, in the judgment of any of them, he is not properly. or suitably-cared for, may apply to a judge of & court of: record for an order to commit him to a state hospital un- der the provisions of this article, but such or- der shall not be made unless the judge finds and certifies in the order that-such insane per- Son is not properly or suitably cared for by such relative or committee, or that if is dan- gerous to the public to allow him to be cared for and maintained by such relative. or com- mittee. 20 * srs 'The costs and charges of the commitment and transfer 'of such insane person to a state hospital shall be paid by the committee, or the father, mother, husband, wife, or children of such person, to 'be recovered in anaction brought in the name of the people by the com- mission, the superintendent of the poor of the county, or 'the overseer of the poor of the town where such insane person may be, or in the city of New York in the name of the com- missioners of public charities, and in the city of Brooklyn in. the name of the commissioners of charities and correction. See. 67. Duties of local officers in regard to their insane.-All county superintendents of the poor, overscers of the poor and other city,. town or county authorities, having duties to . perform relating to the insane poor, are charg- ed with the duty of seeing that all poor and in- digent insane persons within their respective municipalities, are timely granted the neces- sary relief conferred by this chapter, and, when so ordered by a judge, as hetein provid- ed, or by the commission, shall see that they are, without unnecessary delay, transferred to the proper 'institutions provided for their care and treatment as the wards of the state, Before sending a person. to any such institu- tion, they sliall see that ho is in a state of bodily - cleanliness. and comfortably ~clothed with new clothing, in accordance with the regulations. prescribed by the commission. The commission may, by order, direct that | any person it deeins unsuitable therefor shall ot be so employed or act as such attendant. Each patient.shall be sent to the state hos- pital, within the districk embracing the coun- 'ty from which he is committed, except that the commission may, in their. discretion, di such person's insanity. If it be determined. ; rect otherwise, but private <or-publi insang | patients, for whom: homeopathic. care- amd treatment may be ~desired by their relatives, friends: or guardians, may be 'committed to: the Middletown State Homeopafhic hospital or to the Collins. State Homeopathic hobpital from any of the counties of 'the state 6 discretion of the judge granting the orde commitment; and the hospital to which any\ patient is ordered to be sent shall, by and der the regulations made by such commission send a trained attendant to bring the patient to the hospital. Each female commit ‘ any institution for the insane shall belaccom panied by a. female attendant, unless \panied by her father, brother, husband gon. After the patient has been delive K the proper 'officers of the hospital, the ca and custody. of the municipality from which he is sent shall ceaso. , 20 Sec. 68. Duty of committee 'and others care for the insarie; apprehension and confin ment of a dangerous insane: person.-When an insane person is possessed of sufficient prope ty to maintain himself, or his father, mether, husband,, wife or children are of sufficient ability to maintain him, and his insanity such as to endanger his own person, or the per son and property of others, the committee proved by the proper legal author county superintendent of the poor: overseers of the poor of towns-and cities,\ commissioners of public charities in the of New York, and the commi ties and correction in- the- of mane and speedy man Upon the refusal or negle mnd guardian: or relative -of an insane perso cause him to be confined, as required. chapter, the officers named in this 'shall apply to a. judge of. a court of record 0 the- city or county, or to a. justice of the aw prome court of the judicial district in whic such insane person, may reside or 'be found, who, upon being satisfied, upon 'proper proofé that such. person: is 'dangerously . improperly at large, shall issue a precept: one or more of the officers named,. command: ing them to apprehend and confine such insane * person in some comfortable and safe. p f and such officers in apprehendifig such - person shall possess all the powers of a . officer executing a warrant of arrest in a criminal proceeding.: Unless an order -of: com mitment has been previously, granted,. such officers shall forthwith make applicati the proper order for his commitmen proper institution for the care,.custody. treatment of the insane, as.authorized by this chapter, and if, such order- is granted, such officer shall take the necessary legal-stops to have him transferred to such institution no case shall any yuch insane: pert i fined in any other place. than state Hospital or duly licensed institution £3: the insane, fo a period longer than ten days, nor shall such person be committed as a « isorderly person to any prison, jail or lockup for criminals, unlel hé be viclent and - dangerous,-and. there is f 'other suitable 'place for his confinement, nor, shall he be confined - in 'the same room with person charged with or:cqnvicted of crim -Any person apparently insane, and conduct ing himself in a manner which : Ane por son would. 'be . disorderly, may | s ‘ang peace officer and confined in som and. comfortable: place until b . his sanity be determined, as prescribed D this chapter. 'The officer . making & shell immediately notify. the Suporin of the poor of -the coutity, or the 'overse the poor of: the fown or city,or; 'in the c New York, the- commissioners of public ties, or, in the city of % - + P200 forthwith take proper measurss for 3 #érmllnation of the question of the insanity 6 such person. . .. (0 0. 1) ou ol uis Bec: 60. Patients admitted - under . & agreement. -The managers of a state h may authorize the superintendent to thereto, under 'special. agreoment, insane: tients, who are. residents: of the state, other than poor and indigent' insane persons, when 'there is room for such insang therein, : But na «patient shall be permitted | to- occupy ti 'than-one room in any state hodvita any patient, his friends or: relatives, b mitted to- pay for his care and treatmen! therein a sum greater than ten dollars a w Buch patients,. when so-Fecoived, shall be sub Ject to the general rules and regulations of the hospital. 'The amount 'agreed., maintenance of. suchtinsane persons . hospital, shall be: secured »by:a properly ex cuted bond, and bills therefor ‘ t ed monthly. ' The- commission agents, whose duty it shall: 6€. relatives, and friends who. ar or who may be willing to: ass support- of any of the inmates. of pitals as are being supported 'by imbursement in whole or in pi r . : so expended. . The compensation of each ag shall not exceed five dollars :a day, and the necessary‘fifiavelmg -and other incidental e penses incurred by him, to be approved bythe comptrolle®: |_ . - [L sl. «00 \ [ool Bec. 70. Entries in ease book.-Every: supor- intendent or other person in charge of an in- stitution for the care and treatment of the sane, shall, within three days after the recep» tion of a patient, make, or cause to be made, a desoriptive entry of. such. ease in a book ex- clusively set apart for that purpose. - He shall - also make or- cause to be made entries from: time to time, of the m . during the time such 'patient remains under his care, and in the event -of the discharge or death of such person, he shall-state in suolr_- case book the circumstances thereof, and maké such other entries at such intervals 'of, time. and in such ggrm. as, may be required 'by the, commission. \-* ! Sec. 71. Transfer of patients when hospital.. is overcrowded.-When: the building of an state hospital shall become overcrowded: with patients, or the number- of \buildings shall be reduced by fire, ior other. casualties, or for other cause, the commission 'may, in its disore- ion, cause the transfer of patients therefrom; or direct that - patients required. to be: sent '. thereto, be transferred: to another state hos-. /- pital, where they can be convet tly recei ed, or-make, in special emergencies, tempo- Tary provision for their care, preference to be given in such transfers to a hospital in a joining rather than 'in a remote district. Th expenses of such transfer- shall be chargeable to the state, and the bills for the same, when. approved by- the commission, shall vbe paid .by _._ the treasurer of the state, on the warrant of - the comptroller, out of. any moneys provided _ for the.support of the Insane. ~ 7 ty C Bec, 72. Investigation into the care and treat-. ment of the insane.-When the commission has | reason to believe that any person adjudged sane is. wrongfully deprived of 'his liberty, o is cruelly, negligently or improperly treated, © or inadequate provision is made-for his skill-\ ful medical care, proper supervision and keeping, it may ascertain the facts, 0, : order an investigation : of, the' facts by. one Of, its. members. . It, or the: commissioner/con-. ducting the proceeding, may issue compulsory process for the attendance of witnesse ''the production of papers, and. exerci powers conferred upon a referee in the su- court. - If the commission deem it prop-. er, it may issug an order directed to any or all institutions, directing. and-providing for such remedy or treatment, or both, as. shall be- : reasonable, and be approved- by a justice of be given of the application for such approval, -. it shall be binding upon any.and all institu- tions and persons to which it is directed, and : any wiliful disobedience of such order shall he .' a criminal contempt and punishable as such.\ 'Whenever the commission shall 'undertake an. -- investigation-into the general management | ~ and administration of any institution for th insane, ib may give notice to the attorney-gen eral of any such investigation, and the attor ney-general shall appear personally or by dep uty and examine witnesses who may be in at- tendance. The commission, or any member thereof, may at -any time visit and examine the inmates of any county or city alms house, {o ascertain if insane persons a there m. 0. - \ Sec.78. Habeas corpus.-An as an insane person 48 entitled to I beas corpus, upon a.proper applica \in Hat 'by him or some friend .i therein specified. If such order be just and | o the supreme court, who may require notice to . lge
