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CHAP. XX.

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office.

cember sixteen, eighteen hundred and forty-seven, is hereoy amended by adding thereto the following: And after the board of supervisors of any county shall have, by resolution, directed that only one superintendent of the poor shall be elected in and for such county, the said board may, at any annual meeting thereof, revoke such resolution, and may, by resolution, direct that thereafter three superiutendents of the poor shall be elected in and for such county. The superintendent of the poor who shall be in office at the time of the adoption of the resolution hereby authorized, shall hold his office (subject to all provisions of law) until the expiration of the term of office for which he was elected. If the term of Election of office of such superintendent will expire on the thirty-first day dents. of December of the same year of the adoption of said resolution, then three superintendents of the poor for said county shall be elected at the next general election, whose term of office respectively shall be determined in accordance with the provisions of section three of said chapter four bundred and ninety-eight. If the term of office of the superintendent of the poor in office at the time of the adoption of said resolution will not expire during the year of the adoption of said resolution, then, at the general election to be held next thereafter, there shall be elected two superintendents of the poor for said county, and their term of office shall be determined in accord- Term of ance with the provisions of section three of chapter four hundred and pinety-eight of the laws of eighteen hundred and forty-seven, but for such terin that the terms of the three superintendents of the poor shall so expire that one of them shall be to be filled at each annual election thereafter. In any county where such resolution has been already adopted, there shall be elected annually thereafter, at the general election in each year, one county superintendent of the poor, who shall hold his office for three years; and, in each of the counties of this state having a county poor house, the superintendent of the poor of such counties, or superintendents, if there be more than one, shall appoint a keeper or keepers of To appoint

keeper. such county poor house, and shall have full power, at any time, to remove any keeper and appoint another in his stead. And if the keeper of any such poor house shall neglect or Power to refuse to leave the same, or surrender to the superintendent keeper. or superintendents the possession of the same, when such possession is demanded, the said superintendent or superintendents shall have power and are hereby authorized to proceed against said keeper in his or their name of office, and to remove said keeper from such poor house by summary proceedings, in the same manner as is provided by article second of chapter eight of part third of the Revised Statutes, entitled “Summary proceedings to recover possession of land in other cases,” so far as the same are applicable, except that it shall Warrant of only be necessary for the superintendent to set forth in his

PART I.

affidavit, or prove upon the hearing the following facts, to
entitle him to the warrant of removal.

1. That the party commencing the proceedings is the super-
intendent or superintendents of the poor of the county.

2. That the county has a county poor house, and that the keeper 'is in possession of such poor house, or living therein, and that he refuses to surrender up the possession of such poor house, or remove from the same, after the possession shall have been demanded by such superintendent of the poor.

But nothing in this act shall affect the tenure of office of any present incumbent.

Saving clause,

Children when to be taken up.

CHAP. 185.
AN ACT to provide for the care and instruction of idle
and truant children.

Passed April 12, 1853.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:

S 1. If any child between the ages of five and fourteen years, having sufficient bodily health and mental capacity to attend the public schools, shall be found wandering in the streets or lanes of any city or incorporated village, idle and truant, without any lawful occupation, any justice of the peace, police magistrate or justices of the district courts in the city of New York, on complaint thereof by any citizen on oath shall cause such child to be brought before him for examination, and shall also cause the parent, guardian or master of such child, if he or she have any, to be notified to attend such examination. And if on such examination the complaint shall be satisfactorily established, such justice shall require the parent, guardian or master to enter into an engagement in writing, to the corporate authorities of the city or village, that he will restrain such child from so wandering about, will keep him or her on his own premises, or in some lawful occupation, and will cause such child to be sent to some school at least four months in each year, until he or she becomes fourteen years old. And such justice may, in his discretion, require security for the faithful performance of such engagement. If such child has no parent, guardian or master, or none can be found, or if such parent, guardian or master refuse or neglect, within a reasonable time, to enter into such engagement, and to give such security, if required, such justice shall, by warrant under his hand, commit such child to such place as shall be provided for his or her reception, as hereinafter directed.

S 2. If such engagement be habitually or intentionally violated, an action may be brought thereon, by the overseers of the poor or either of them, of such city or village, in the

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CHAP. XX.

name of the corporate authorities thereof, and on proof of such habitual or intentional violation, the plaintiff shall recover therein a penalty of not more than fifty dollars, with costs. And thereupon, the magistrate or court before whom such recovery shall be had, shall, by warrant, conumit such child to the place so provided for his or her reception, as aforesaid.

$ 3. The corporate authorities of every city and incorpo- Place of rerated village shall provide some suitable place for the recep- and useful tion of every child that may be so committed, and for the to be proemployment of such child in some useful occupation, and his children. or her instruction in the elementary branches of an English education, and for his or her proper support and clothing. Every child so received shall be kept in such place until discharged by the overseers of the poor or the commissioners of the alms-house of such city or village, and may be bound out as an apprentice by them or either of them, with the consent of any justice of the peace or any of the aldermen of the city, or any trustee of the incorporated village where he may be, in the same manner, for the same periods, and subject to the same provisions in all respects, as are contained in the first article and fourth title of the eighth chapter and second part of the Revised Statutes, with respect to children whose parents have become chargeable on any city or town.

$ 4. The expenses of providing and maintaining such place Expenses. for the reception, clothing, support and instruction of such children, shall be defrayed in the same manner as charges for the support of paupers chargeable upon such city or village; and the corporate authorities of every city and village shall certify to the board of supervisors of the county, at their annual meetings, the amount necessary for said purposes, which amount the said supervisors shall cause to be levied and collected as part of the taxes for the support of the poor, chargeable to such city or village.

S 5. It shall be the duty of all police officers and consta- Complaint bles, who shall find any child in the condition described in the by constafirst section of this act, to make complaint to a justice of the peace, as provided in the said section.

$ 6. The fees of justices for services performed under this Justices' act shall be the same as allowed by law in cases of vagrancy, and shall be paid by the city or village in which they were rendered.

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PART I.

class.

CHAP. 135.
AN ACT to organize the State Lunatic Asylum, and more

effectually to provide for the care, maintenance and
recovery of the insane.

PASSED April 7, 1842. The People of the State of New York, represented in Senate

and Assembly, do enact as follows: Managers $ 1. Nicholas Devereaux, Jacob Sutherland, Charles A. of asylum. Mann, Alfred Munson, Charles B. Coventry, Abraham V.

Williams, Thomas H. Hubbard, T. Romeyn Beck and David

Buel, are hereby appointed managers of the State Lunatic First class. Asylum; and shall hold their offices as follows: The said

Nicholas Devereaux, Jacob Sutherland, and Charles Mann, Second shall hold their offices for one year; the said Alfred Munson,

Charles B. Coventry, and Abraham V. Williams, shall hold Third class. their offices for two years; and the said Thomas H. Hubbard,

T. Romeyn Beck and David Buel, shall hold their offices for three years; and they shall hold their offices until others are appointed in their stead, subject to be removed at any time by the senate, upon the recommendation of the Governor. Their successors shall be appointed by the senate, upon the nomination of the Governor, and shall hold their offices for three years, and until others are appointed in their stead, and subject to be removed in the manner aforesaid. The government of the State Lunatic Asylum shall be vested in the said board of managers, and a majority' thereof shall reside within five miles of said asylum.

$ 2. Said board shall have the general direction and conal control or trol of all the property and concerns of the institution not property.

otherwise provided for by law, and shall take charge of its general interests, and see that its great design be carried into effect, and every thing done faithfully according to the requirements of the legislature, and the by-laws, rules and

regulations of the asylum. To appoint S 3. The managers shall appoint a superintendent, who desuperin- shall be a well educated physician, and a treasurer, who shall tendent.

reside in the city of Utica, and give bonds for the faithful performance of his trust, in such sum and with such sureties as the comptroller of the state shall approve. They shall also appoint, upon the nomination of the superintendent, a steward, an assistant physician and a matron, all of whom, and the superintendent himself, shall constantly reside in the asylum, and shall be designated the resident officers thereof.

See Laws of 1844, ch. 337.

S 4. The managers shall, from time to time, determine the to fiscalao annual salaries and allowances of the treasurer and resident surer and

officers of the asylum, who have been or may hereafter be

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CHAP. XX.

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appointed, subject to the approval of the governor of the resident state, secretary of state, and the comptroller; provided, that officers. such salaries shall not exceed, in the aggregate, eight thousand dollars for any one year.

Thus amended by Laws of 1860, ch. 450. S 5. The salaries of the treasurer and resident officers of the To be paid

quarterly. asylum shall be paid quarterly, on the first days of January, April, July and October, in each year, by the treasurer of the state, on the warrant of the comptroller, out of any moneys in the treasury not otherwise appropriated, to the treasurer of the asylum, on his presenting a bill of particulars signed by the steward and certified by the superintendent.

S 6. The managers may take and hold, iu trust for the Grants state, any grant or devise of land or any donation or bequest &c., mas be of money or other personal property, to be applied to the trust. maintenance of insane persons and the general use of the State Lunatic Asylum.

$ 7. The treasurer and resident officers of the asylum, Oath of before entering upon their respective duties, shall severally take the oath prescribed in the first section of the sixth article of the constitution of the state, and such oath shall be filed with the clerk of the county of Oneida.

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

S 9. The superintendent shall be the chief executive officer Powers and of the asylum. He shall have the general superintendence of superintenthe buildings, grounds and farms, together with their furni- dent. ture, fixtures and stock; and the direction and control of all persons therein, subject to the laws and regulations established by the managers. He shall daily ascertain the condition of all the patients and prescribe their treatment in the manner directed in the by-laws. He shall have the nomination of his co-resident officers, with power to assign them their respective duties, subject to the by-laws; also to appoint with the managers' approval, such and so many other officers, assistants and attendants, as be may think proper and necessary for the economical and efficient performance of the business of the asylum, and to prescribe their several duties and places, and to fix, with the managers' approval, their compensation, and to discharge any of them at bis sole direction; but in every case of discharge he shall forthwith record the same with the reasons, under an appropriate head, in one of the books of the asylum. He shall also have power to suspend, until the next monthly meeting of the managers, for good and sufficient

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