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CHAP. XX. sons after


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paid his bills therein for six months, if the superintendent shall certify that he is a fit patient and likely to be benefited by six months. remaining in the institution, the supervisors of the county of his residence are authorized and required, upon an application under oath in his behalf, to raise a sum of money sutticient to defray the expenses of his remaining there another year, and pay the same to the treasurer of the asylum. And

. they shall repeat the same for two succeeding years, upon like applicatiou and the production of a new certificate each year, of like import from the superintendent.

$ 28. No patient shall be adınitted into the asylum for a Term of adshorter period than six months, except in special cases as specified in the by-laws.

S 29. Whenever there are vacancies in the asylum, the Vacancies. managers may authorize the superintendent to admit, under special agreements, such recent cases, as may seek admission under peculiarly afflictive circumstances, or which, in his opinion, promise speedy recovery. S 30. All town and county officers sending a patient to the Bodily

cleanliness asylum, shall, before sending him, see that he is in a state of and clothperfect bodily cleanliness and is comfortably clothed, and pro- patients. vided with suitable changes of raiment, as prescribed in the by-laws. $ 31. When a person shall have escaped indictments or Provisions

S shall have been acquitted of a criminal charge upon trial, op sons ncthe ground of insanity, the court being certified by the jury gur trial, on

quitted or otherwise, of the fact, shall carefully inquire and ascertain the ground. whether his insanity in any degree continues, and if it does, shall order him in safe custody, and to be sent to the asylum. If such person be sent to the asylum, the county from which he is sent shall defray all his expenses while there, and of sending him back if returned; but the county may recover the amount so paid, from his own estate if he have any, or from any relative, town, city or county that would have been bound to provide for and maintain him elsewhere.

S 32. If any person in confinement, under indictment or As to per under sentence of imprisonment, or under a criminal charge, finement or or for want of bail for good behavior, or for keeping the tence of impeace, or for appearing as a witness, or in consequence of any ment, &c. summary conviction, or by order of any justice, or under any other than civil process, shall appear to be insane, the first judge of the county where he is contined, or if the first judge be absent from the county, any county judge of the degree of counsellor of the supreme court, shall institute a careful investigation, call two respectable physicians and other credible witnesses, invite the district attorney to aid in the examination, and if he deem it necessary, call a jury, and for that purpose is fully empowered to compel the attendance of witnesses and jurors; and if it be satisfactorily proved that he is insane, said judge may discharge him from imprisonment and order bis safe custody and removal to the asylum, where he shall


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PART L remain until restored to his right mind; and then, if the said

judge shall have so directed, the superintendent shall inform the said judge and the county clerk and district attorney thereof, so that the person so confined may within sixty days thereafter, be remanded to prison, and criminal proceedings be resumed, or otherwise discharged; or if the period of his imprisonment shall have expired he shall be discharged. The provisions of the last preceding section requiring the county to defray the expenses of a patient sent to the asylum, shall be equally applicable to similar expenses arising under this section and the one next following.

$ 33. If a person imprisoned on attachment, or any civil process, or for the non-payment of a militia fine, becomes insane, one of the judges mentioned in the last preceding section of this act, shall institute like proceedings in his case as are required in the case provided for in said section; but notice shall in such case be given by mail or otherwise, to the plaintiff or his attorney, if in the state; and if it shall be proved to the satisfaction of said judge that the prisoner is insane, he may discharge him from imprisonment and order him into safe custody and to be sent to the asylum; nevertheless, the creditor may renew his process and arrest again his debtor when of sound mind.

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Persons charged with misdemeanor.

Price for keeping the

$ 34. Persons charged with misdemeanors and acquitted on the ground of insanity, may be kept in custody and sent to the asylum, in the same way as persons charged with crime.

S 35. The price to be paid for keeping the poor, or any perPudine sons, in indigent circumstances, in the asylum, until the first digent. day of April, eighteen hundred and forty-three, shall be two

dollars and fifty cents per week; thereafter it shall be annually fixed by the managers and shall not exceed the actual cost of support and attendance, exclusive of officer's salaries. But the managers may reduce the price if they think proper, in behalf of one indigent patient from each county, if admitted within six months of the first attack of the disease, for one year, unless sooner cured. The managers may, at their discretion, require payments after the first of December next, to

be made quarterly or semi-annually, in advance. Liability of S 36. Every insane person supported in the asylum shall be Supported personally liable for his maintenance therein, and for all

necessary expenses incurred by the institution in his behalf. And the committee, relative, town, city, or county that would have been bound by law to provide for and support him if he had not been sent to the asylum, shall be liable to pay the expenses of his clothing and maintenance in the asylumn, and actual necessary expenses to and from the same.

7 H., 171. Certain pa

$ 37. The expenses of clothing and maintaining, in the supportede asylum, a patient who has been received upon the order of



tients how

any court, or officer, shall be paid by the county from which by counhe was sent to the asylum. The treasurer of said county is ties. authorized and directed to pay to the treasurer of the asylum, the bills for such clothing and maintenance, as they shall become due and payable, according to the by-laws of the asylum, upon the order of the steward; and the supervisors of said county shall annually levy and raise the amount of such bills, and such further sums as will probably cover all similar bills for one year in advance. Said county, however, shall have the right to require any individual, town, city, or county that is legally liable for the support of such patient, to reimburse the amount of said bills, with interest from the day of paying the same.

7 H., 171. S 38. Whenever the managers shall order a patient removed Expense of

removing from the asylum to the poor house of the county whence he certain pacame, the superintendent of the poor of said county shall audit paid. and pay the actual and reasonable expenses of such removal as part of the contingent expenses of said poor house. But if any town or person be legally liable for the support of such patient, the amount of such expenses may be recovered for the use of the county, by such superintendents. If such superintendents of the poor neglect or refuse to pay such expenses, on demand, the treasurer of the asylum may pay the same and charge the amount to the said county; and the treasurer of the said county is authorized to pay the same, with interest after thirty days; and the supervisors of the said county shall levy and raise the amount as other county charges. S 39. Every town or county paying for the support of a Expense of

supporting lunatic in the asyluin, or his expenses in going to or from the lunatics same, shall have the like rights and remedies to recover the amount of such payments, with interest from the time of paying each bill, as if such expenses had been incurred for the support of the same, at other places, under existing laws.

7 H., 171. $ 40. None of the provisions of this act shall restrain or Powers of abridge the power and anthority of the chancellor of the state, over the persons and property of the insane.

S 41. The managers, upon the superintendent's certificate Patients of complete recovery, may discharge any patient, except one discharged. under a criminal charge or liable to be remanded to prison; and they may discharge any patient admitted as "dangerous," or any patient sent to the asylum by the superintendent or overseers of the poor, or by the first judge of a county, upon the superintendent's certificate, that he or she is harmless and will probably continue so, and not likely to be improved by further treatment in the asylum, or where the asylum is full, upou a like certificate, that he or she is manifestly incurable, and can probably be rendered comfortable at

how recov



when to be

the criminal class,

of insane persons

the poor-house; so that preference may be given, in the admission of patients, to recent cases, or cases of insanity of not over one year's duration. They may discharge and de

. liver any patient, except one under criminal charge as aforesaid, to his relatives or friends, who will undertake with good and approved screties for his peaceable behavior, safe custody and comfortable maintenance, without further public charge.

So amended by Laws of 1844, ch. 337. Patients of $ 42. A patient of the criminal class may be discharged by

order of one of the justices of the supreme court, or a circuit judge, if upon due investigation it shall appear safe, legal and

right to make such order. Patients S 43. No patient shall be discharged without suitable clothdischarged to be suita. ing; and if it can not be otherwise obtained, the steward bly clothed, shall, upon the order of two managers, furnish it, also money

not exceeding twenty dollars, to defray his necessary expenses until he reaches his friends, or can find a chance to earn his

subsistence. Assessors S 44. It shall be the duty of the assessors in each town and the numbur ward in the state, every year, to make diligent inquiry,

and ascertain with accuracy the number and names of all yearly insane persons in said town or ward, and to make a list of

the same with the best account they can get, in each case of the patient's age, general health, habits and occupation, kind, degree and duration of insanity, and pecuniary ability of self and relatives liable for his support. They shall send this list, with all the facts brought down to the latest period, to the clerk of the county, by the first day of August; who shall carefully condense the facts exhibited, and mail the same to the treasurer of the asylum at Utica, without delay. No county clerk shall receive any compensation for any services performed under this act.

[Section 45 temporary.] Meaning of $ 46. The terms "lunacy," "lunatic" and "insane," as used terms used in this act, include every species of insanity, and extend to

every deranged person, and to all of unsound mind other than idiots; the word "oath” includes “affirmation;" the words "justice" and "justices” mean "justice of the peace," "justices of the peace;' the word “overseer” means “overseer of the poor,” and “county superintendent” means “superintendent of the poor;" the word “asylum” and “institution” means “State Lunatic Asylum;" a word denoting the singular number is to include one or many; and every word importing the masculine gender only may extend to, and

include females. Expenses of

S 47. The managers of the State Lunatic Asylum shall

receive no compensation for their services, but shall receive to be paid.

their actual and reasonable travelling and other expenses, to be paid on the warrant of the comptroller, on the rendering of their accounts.

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S 48. All purchases for the use of the asylum shall be made All purcha for cash, and not on credit, or time; every voucher shall be ses to be taken duly filled up at the time it is taken, with every abstract cash. of vouchers for money paid shall be proof on oath that the voucher was filled up and the money paid therefor at the time the voucher was taken; and the managers shall make all needful rules and regulations to enforce the provisions of this section.

$ 49. If the managers shall find that the funds at their com- In case of maud will prove insufficient to carry on the asylum, they may of funds apply to the Governor, Secretary of State, Comptroller, and monayamad Attorney-General, specifying the purchases to be made, and if the Governor, Secretary of State, Comptroller and Attorney-General shall be of opinion that the purchases are necessary, they may make an order that a sum not exceeding five thousand dollars in any one year be advanced to the managers by the Comptroller out of any money in the treasury not otherwise appropriated.

S 50. So much of the fourth section of the act to authorize Powers the establishment of the New York State Lunatic Asylum, 1836. passed March 30, 1836, as provides for the appointment of three commissioners, is hereby abolished; all the powers conferred upon said commissioners by said act, or any subsequent act of the legislature, are hereby conferred upon the managers appointed by this bill.

$ 51. This act shall take effect immediately except its re- Act when quirements for sending the insane to the asylum, which shall effect. take effect as soon as the managers' notice of the asylum being ready as aforesaid, shall have been published for two weeks in the state paper.

under act of

CHAP 98.
AN ACT in relation to the State Lunatic Asylum.

PASSED April 22, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

(Sections 1, 2, 3, temporary.]

S 4. The managers of said asylum shall have the power, Second ason the nomination of the superintendent of said asylum, to siciun may appoint a second assistant physician to said asylum, whose be appointsalary shall be fixed and paid in the same manner now provided by law in relation to the other resident officers of said asylum.

$ 5. The managers of the said asylum are authorized, under Surplns wathe direction and subject at all times to the control of the how to be acting canal commissioner, having charge of the Chenango canal, to use the surplus water, discharge around or through the fifth lock on said canal, to operate a pump, to supply said


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