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CHAP. 650.

AN ACT to amend the acts in relation to the State Luna-
tic Asylum, and to confer certain powers upon justices
of the sessions.
PASSED April 16, 1857.

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

CHAP. XX.

to justices

$1. Whenever a county judge shall be precluded from act-Application ing as such, in proceedings under the twenty-sixth section of in certain the act to organize the state lunatic asylum, and more effect-cases. ually to provide for the care, maintenance and recovery of the insane, passed April seventh, eighteen hundred and fortytwo, by reason of relationship by consanguinity or affinity to any lunatic in indigent circumstances, application may be made in behalf of such lunatic, to one of the justices of the sessions, resident of the county in which such lunatic resides, and such proceedings shall be had by and before such justices as is provided for in said section, and the said justice shall possess all the powers, and exercise the same jurisdiction in all respects under said section, and the amendment thereto passed April tenth, eighteen hundred and fifty, as such county judge would be authorized to possess and exercise, were i not for such disability. And the certificate of such justice, given under the provisions of said twenty-sixth section and the provisions of this act, shall for all purposes be as effectual and binding as if made by the county judge.

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CHAP. 381.

AN ACT for the relief of the New York State Inebriate
Asylum, and for other purposes.

PASSED April 15, 1859; three-fifths being present.

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

asylum.

$1. The treasurer of each and every county of this state Money to shall pay to the treasurer of the New York State Inebriate be paid to Asylum, or his order, on the first Monday of July of each year, ten per cent of all the moneys received by said county treasurer from the board of commissioners of excise in and for said county.

$2. The land situated in Binghamton, in the county of site for Broome, selected by the trustees of said asylum for the site building. of the asylum buildings, shall be the site thereof, and the acts of the trustees in selecting and fixing said site are hereby confirmed.

to be ex

$3. The trustees of said asylum shall expend the said How money moneys in completing the asylum building commenced on pended.

PART I

Treasurer

to give bonds.

Board of trustces.

Trustees may be removed.

Management of asylum.

Trustees.

said land, and such other buildings and improvements as shall be required for the comfort and convenience of the patients.

S4. The treasurer of said asylum shall not receive any of said moneys until after he shall have given a bond, with at least two sufficient sureties, to the New York State Inebriate Asylum in such penalty and upon such condition as the board of trustees, at a monthly meeting thereof, shall fix by resolution, and the sufficiency of such sureties shall be approved of by the president or vice-president of said board.

S 5. Reuben H. Walworth, John W. Francis, William F. McCoun, James Boorman, James S. Wadsworth, Daniel S. Dickinson, Washington Hunt, Charles H. Ruggles, Charles Cook, Josiah B. Williams, Hamilton Murray, Edward A. Lambert, William E. Dodge, Jonathan H. Ransom, Jacob S. Miller, Thomas C. Brinsmade, Thomas W. Olcott, John F. Rathbone, Ransom Balcom, Sherman D. Phelps, Vincent Whitney, Allen Munroe, H. P. Alexander, Joseph Mullen, C. P. Wood, Noah Worrall, Franklin Johnson, George Folsom, Charles Butler, Lorenzo Draper, Edward F. Shonnard, Gerrit Smith, John Conklin, Frederick Juliand, Tracy Beadle, Peter S. Danforth, George W. Tifft, Henry A. Brewster, Charles Doolittle and J. Edward Turner, shall constitute the board of trustees of this institution. Any vacancy that may hereafter occur in the board of trustees of said institution shall be filled by the remaining trustees at any meeting duly called for that purpose.

$ 6. The senate, upon recommendation of the governor, for cause to be specified, may remove any trustee of said asylum. $ 7. All acts and parts of acts inconsistent with this act, are hereby repealed.

§ 8. This act shall take effect immediately.

CHAP. 220.

AN ACT to re-organize the State Asylum for Idiots, and to provide for the government and management thereof. PASSED April 12, 1862; three-fifths being present.

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

S1. The management for the asylum for idiots shall be vested in a board of trustees, consisting of the governor, lieutenant-governor, secretary of state, comptroller, superintendent of public instruction, and eight other persons.

$ 2. Henry N. Pohlman, James H. Titus, Hamilton White, Allen Munroe, Hiram Putnam, Franklin Townsend, Lyman Clary and George H. Middleton, present trustees of the asylum for idiots, shall continue to be such trustees, and shall hold their office as follows: the said Franklin Townsend and George H. Middleton for two years, the said Allen Munroe

PART I.

How ap

and Hamilton White for four years, the said Henry N. Pohlman and Lyman Clary for six years, and the said James H. Titus and Hiram Putnam for eight years, from the thirty-first day of December, one thousand eight hundred and sixty-one and until others are appointed in their places, subject, however, to being removed at any time by the Senate, upon the recommendation of the governor. Their successors shall be pointed hereafter. appointed by the Senate upon the nomination of the governor, and shall hold their offices for eight years, and subject to be removed in the manner aforesaid. The Senate may, in like manner appoint a trustee for the unexpired term of office of any incumbent who shall die, resign, be removed from office or cease to be an inhabitant of the state during his term, and such trustee shall be subject to removal in the manner above provided. Five members of the said board shall constitute a quorum for the transaction of business.

Powers and duties of board of trustees.

Officers.

Salaries of officers.

When payable.

May hold in trust donations.

3. Said board shall have the general direction and control of all the property and concerns of the said asylum not otherwise provided by law, and shall take charge of its general interests, and see that its general design be carried into effect, and everything done faithfully according to the requirements of the legislature, and the by-laws, rules and regulations of the asylum.

S4. The board shall appoint a superintendent, who shall be a well educated physician, and a treasurer, who shall reside in the city of Syracuse, and give bonds to the people of the state, for the faithful performance of his trust, in such sum and with such sureties as the comptroller of the state may approve. The superintendent shall appoint a steward and a matron, who, together with the superintendent, shall constantly reside in the asylum, and shall be denominated the resident officers thereof.

$5. The board shall, from time to time, determine the annual salaries and allowances of the resident officers of the asylum. But no determination as to said salaries, or either of them, nor any alteration of them, or either of them, shall be made unless there shall be present at a meeting of the board of trustees, the Governor, Lieutenant-Governor, Secretary of State, Comptroller, Superintendent of Public Instruction, or a majority of those officers, of whom the Comptroller shall be one.

$6. The salaries and allowances of the resident officers of the asylum shall be paid quarterly on the first days of October, January, April and July, in such year, by the treasurer of the asylum, on presentation of the bills therefor, audited, allowed and certified, as prescribed in the by-laws.

$ 7. The trustees may take and hold in trust for the state any grant or devise of land, or any donation or bequest of money or other personal property, to be applied to the maintenance and education of idiots, and the general use of the asylum.

CHAP. XX.

8. The trustees are hereby directed and empowered to Establish establish such by-laws as they may deem necessary and expe- by-laws. dient for regulating the appointment and duties of officers, teachers, attendants and assistants, for fixing the conditions of admission, support and discharge of pupils, and for conducting in a proper manner the business of the asylum; also to ordain and enforce a suitable system of rules and regulations for the internal government, discipline and management of the asylum.

superinten

$9. The superintendent shall be the chief executive officer Duties of of the asylum. He shall have the general superintendence dent. of the buildings, grounds and farm, together with their furniture, fixtures and stock, and the direction and control of all persons employed in and about the same, subject to the laws and regulations established by the trustees. He shall have the appointment of his co-resident officers, with power to assign them their respective duties, subject to the by-laws. He shall employ, subject to the supervision of the board of trustees, such teachers, attendants and assistants as he may think proper and necessary for the economical and efficient carrying into effect of the design of the institution, prescribe their several duties and places, and fix their compensation, and may discharge any of them. He shall, also, from time to time, give such orders and instructions as he may judge best calculated to induce good conduct, fidelity and economy in any department of labor and expense, and he is authorised and enjoined to maintain salutary discipline among all who are employed by the institution, and to enforce strict compliance with such instructions and uniform obedience to all the rules and regulations of the asylum. He shall further cause full and fair accounts and records of all his doings, and of the entire business and operations of the institution, together with the condition and prospects of the pupils, to be kept regularly, from day to day, in books provided for that purpose; and he shall see that all such accounts and records shall be fully made up to the first days of April and October in each year, and that the principal facts and results, with his report thereon, be presented to the board at its semi-annual meetings. The exercise of the foregoing powers shall be subject to the approval of the trustees, except as herein otherwise provided. He shall conduct the official correspondence of the institution, and keep a record of the applications received, and the pupils admitted, and he shall be accountable for the careful keeping and economical use of all furniture, stores and other articles provided for the asylum, and prepare and present to the board at its semi-annual meetings a true and perfect inventory of all the personal property and effects belonging to the asylum.

tions

S 10. The resident officers of the asylum and all the Exemp teachers, attendants and assistants actually employed therein, of officers. during the time of such employment shall be exempt from

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