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In his absence.
cause, a resident officer; but in such case he shall forthwith give written notice of the fact, with its causes and circunstances, to one of the managers, whose duty thereupon sball be to call a special meeting of the board to provide for the exigency. He shall also, from time to time, give such orders and instructions as he may judge best calculated to ensure good conduct, fidelity and economy in every department of labor and expense; and he is authorized 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 regnlations 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, to be kept regularly, from day to day, in books provided for that purpose, in the manner and to the extent prescribed in the by-laws; and he shall see that all such accounts and records are fully made up to the last day of November in each year, and that the principal facts and results, with his report thereon, be presented to the managers within thirty days thereafter. The assistant physician shall perform the duties, and be subject to the respon
sibilities of the superintendent in bis sickness or absence. Privileges
$ 10. The resident officers of the State Lunatic Asylum, of officers. and all attendants and assistants actually employed therein,
during the time of such employment shall be exempt from serving on juries, from all assessments for labor on the bighways, and in time of peace, from all service in the militia ; and the certificate of the superintendent shall be evidence of
the fact of such employment. Managere S 11. The managers shall keep, in a bound book to be procord of their vided for that purpose, a fair and full record of all their doings, doings.
which shall be open at all times to the inspection of the governor of the state, and of all persons whom he, or either
house of the legislature may appoint to examine the same. Inspection S 12. The managers shall maintain an effective inspection and visit of the asylum ; for which purpose, one of them shall visit it asylam.
every week, two once every month, a majority once every quarter, and the whole board once a year, at the times and in the manner prescribed in the by-laws. In a book kept by the managers for this purpose, the visiting manager or managers shall note the date of each visit, the condition of the house, patients, &c., with remarks of commendation or censure, and all the managers present shall sign the same. The general results of these inspections, with suitable hints, shall be inserted in the annual report, detailing the past year's operations and actual state of the asylum, which the managers shall make to the legislature in the month of January in each year, accompanied with the annual reports of the superintendent and treasurer.
$ 13. It shall be the duty of the resident officers to admit any of the managers into every part of the asylum, and to
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exhibit to him or them, on demand, all the books, papers, every part accounts, and writings belonging to the institution, or pertain- of asylum. ing to its business, management, discipline, or government; also, to furnish copies, abstracts, and reports, whenever required by the managers.
$ 14. The treasurer shall have the custody of all moneys, Duty of bonds, notes, mortgages, and other securities and obligations belonging to the asylum. He shall open, with one of the banks in Utica, to be selected with the approbation of the comptroller of the state, an account in his own name, as treasurer of the asylum; and he shall deposite all moneys immediately upon receiving them in said bank, and shall draw for the same only for the uses of the asylum, and in the manner prescribed in the by-laws, upon the written order of the steward, specifying the object of the payment. He shall keep full and accurate accounts of receipts and payments, in the manner directed in the by-laws, and such other accounts as the managers shall prescribe. He shall balance all the accounts on his books annually, on the last day of November, and make a statement of the balances thereon, and an abstract of the receipts and payments of the past year; which he shall, within three days, deliver to the auditing committee of the managers, who shall compare the same with his books and vouchers, and verify the results by a further comparison with the books of the steward, and certify the correctness thereof, within the next five days, to the managers. He shall further render a quarterly statement of his receipts and payments, on the first days of March, June, and September in each year, to the auditing committee, who shall compare and verify the same as aforesaid, and report the results, duly certified, to the managers, who shall cause the same to be recorded in one of the books of the asylum. He shall further render an account of the state of his books, and of the funds and other property in his custody, whenever required so to do by the managers.
S 15. The treasurer of the State Lunatic Asylum shall be Treasurer vested with the same powers, rights and authority which are same power now by law given, either to superintendents of the poor or to tendents overseers of the poor, in any county or town of the state, so secret far as may be necessary for the indemnity and benefit of the the poor, in asylum, and for the purpose of compelling a relative or com- cases. mittee to defray the expenses of a lunatic's support in the asylum, and reimburse actual disbursements for his necessary clothing and travelling expenses, according to the by-laws of the institution; also for the purpose of coercing the payment of similar charges when due, according to said by-laws, from any town or city or county that is liable for the support of any lunatic in said asylum.
S 16. Said treasurer is also authorized to recover, for the Anthorized use of the asylum, any and all suis which may be due upon all sums any note or bond in his hands belonging to the asylum; also lum. any and all sums which may be charged and due, according
due to asy.
Powers and duty of the steward.
to the by-laws of the asylum, for the support of any patient therein, or for actual disbursements made in his behalf, for necessary clothing and travelling expenses, in an action to be brought in sad treasurer's name, as treasurer of the State Lunatic Asylum, and which shall not abate by his death or removal, against the individual, town, city or county legally liable for the maintenance of said patient, and having neglected to pay the same wheu demanded by the treasurer; in which action, the declaration may be in a general indebitatus assumpsit; and judgment shall be rendered for such sum as shall be found due, with interest from the time of the demand made as aforesaid. Said treasurer may also, upon the receipt of the money due upon any mortgage in his hands, belonging to the asylum, execute a release, and acknowledge full satisfaction thereof, so that the same may be discharged of record.
$ 17. The steward, under the direction of the superintendent, shall make all purchases for the asylum, and preserve the original bills and receipts thereof, and keep full and accurate accounts of the same, and copies of all orders drawn by himself upon the treasurer; he shall also, under like direction, make contracts in the superintendent's name, with the attendants and assistants, and keep and settle their accounts; he shall also keep the accounts for the support of patients, and expenses incurred in their behalf, and furnish the treasurer every month with copies of such as fall due; he shall make quarterly abstracts of all his accounts to the last day of every February, May, August, and November, for the treasurer and managers; he shall also be accountable for the careful keeping and economical use of all furniture, stores, and other articles provided for the asylum; and shall annually, during the third week in November, make out and file with the managers a true and perfect inventory, verified by oath, of all the personal property belonging to the asylum, in and about the premises, with an appraisal thereof, made under oath, by himself and some discreet householder of the city of Utica,
whom the managers shall appoint for that purpose. Notice to be S 18. As soon as the asylum shall be ready for the admisgiven when asylum is sion of patients, the managers shall cause notice thereof to ready for patients. be published for two weeks in the state paper, and sent to the
clerk of every county, who shall transmit copies thereof, to the superintendents of the poor of said county, by mail. A circular from the superintendent shall accompany said notice to each county clerk, and to the superintendents of the poor, designating different days for the counties severally to send to the asylum their respective quotas of patients, and giving all necessary directions respecting admission and support,
according to the by-laws. Lunatics
[Section 19 repealed by Laws of 1843, ch. 224.] when to be $ 20. In every case of lunacy bereafter occurring and prosent to am in cases vided for by Title three, Chapter twenty, Part first, of the occurring.
Revised Statutes, the lunatic shall be sent within ten days to
the State Lunatic Asylum, or “to such public or private asylum as may be approved by a standing order or resolution of the supervisors of the county;" and the provisions of said Title three, allowing other places of confinement beyond ten days, are hereby repealed. The superintendents and overseers of the poor named in the several sections of said Title three, are severally enjoined to see that this provision be carried into effect in the most humane and speedy manner; as well in case the lunatic or his relatives are of sufficient ability to defray the expenses, as in case of a pauper.
5 B., 276. $ 21. If any lunatic confined under the statute, Title three, Appeal may last aforesaid, or any friend in his behalf, be dissatisfied with from order any final decision or order of the justices, or of any overseer overseer. or superintendent of the poor, under such statute, he may, within three days after such order or decision, appeal to one of the judges of the county, making complaint on oath, and such judge shall thereupou stay his being sent out of the county, and forthwith call a jury to decide upon the fact of lunacy; after a full and fair investigation, aided by the testimony of two respectable physicians, if such jury find him save, the judge shall forth with discharge him, otherwise he shall confirm the order for his being immediately sent to an asylum. In case the justices refuse to make an order for confinement they shall state their reasons for such refusal in writing, so that any person aggrieved thereby may appeal, as above, to a county judge, who shall hear and determine the matter in a summary way, or call a jury, as he may think most fit and proper. In every case of appeal the judge shall have the same power to take testimony and compel the attendance of witnesses and jurors, as a justice has in civil cases.
5 B., 273. S 22. In every case of “confinement” under the statute, ConfineTitle three, last aforesaid, whether of a pauper or not, after be ordered the passage of this act, neither justices, superintendents, or or until overseers of the poor, shall order or approve” of such con- proved.
insanity is finement, without having the evidence of two reputable physicians, under oath, as to the alleged fact of insanity; and such testimony shall be reduced to writing and filed, with a brief report of all the other proofs, facts and proceedings in the case, in the office of the county clerk; and said clerk shall file said papers and register with date, the names and residence of the lunatic and officers severally, in tabular form, in the book of miscellaneous records, kept in said office; and the certificate of said clerk, and seal of the court, verifying such facts, shall warrant such lunatic's admission into the asylum.
31 B., 473. $ 23. All lunatics whose confinement under the said statute, Provision Title three, is in a jail, or has commenced since the last day tics con
PART I. fined in a jail.
lowed to each county.
of December, eighteen hundred and forty, (except those whose mental derangement is upon the testimony under oath of two respectable physicians, manifestly incurable, or whose bodily infirmities indicate the approach of speedy dissolution,) and who are not already under special resolution of the supervisors as aforesaid, in some other approved asylum, shall be sent to the State Lunatic Asylum, within such time and under such regulations as shall be prescribed by the by-laws, after the asylum shall be open for the reception of patients. Superintendents of the poor, and all persons having the care of such
lunatics, shall see to carrying this into effect. Names, &c. $ 24. The superintendent shall make, in a book kept for the of persons bringing purpose, at the time of reception, a minute with date of the be recorded. name, residence, office and occupation of the person by whom,
and by whose authority, each insane person is brought to the asylum, and have all the orders, warrants, requests, certificates and other papers accompanying him, forthwith copied into the same.
$ 25. Each county may at all times have one indigent insane patients al
patient in the asylum, whose disease at the time of admission was a first attack, and did not exceed six months; and such further number of either old or recent cases as the asylum can accommodate, in proportion to the insane population of the county. The patients shall be designated by the superintendents of the poor, or if the county has no such superintendents, by the first judge.
$ 26. When a person in indigent circumstances, not a pau
per, becomes insane, application may be made in his behalf paupers to
to the first judge of the county where he resides; and said judge shall call two respectable physicians and other credible witnesses, and fully investigate the facts of the case, and either with or without the verdict of a jury, at his discretion, as to the question of insanity, shall decide the case as to bis indigence. And if the judge certifies that satisfactory proof has been adduced showing him insane, and his estate is insufficient to support him and his family, (or if he has no family, himself,) under the visitation of insanity, on his certificate, authenticated by the county clerk and seal of the county courts, he shall be admitted into the asylum and supported there at the expense of said county, until he shall be restored to soundness of mind, if effected in two years. The judge, in such case, shall have requisite power to compel the attendance of witnesses and jurors, and shall file the certificate of the physicians, taken under oath, and other papers, with a report of his proceedings and decision, with the clerk of the county, and report the facts to the supervisors, whose duty it shall be, at tbeir next annual meeting to raise the money requisite to meet the expenses of support accordingly.
Certain indigent per Fonn not
7 H., 171. See Laws of 1850, ch. 282, and 1857, ch. 650. Counties to $ 27. When an insane person in indigent circumstances
shall have been sent to the asylum by his friends, who have
support such per