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asylum with water, from said canal or from Nail creek, in case the said commissioner shall be of opinion that the same can be done without detriment to the navigation of said canal.
persons, not pal
PASSED April 10, 1850; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows :
S 1. The managers of the State Lunatic Asylum are authosistant phy. rized in their discretion to appoint on the nomination of the
superintendent of said asylum, a third assistant physician, whose salary shall be fixed and paid in the same manner as
those of the other resident officers of said asylum. Indigent $ 2. No person in indigent circumstances not a pauper,
shall be admitted into the asylum on the certificate of a por her to be county judge, made under and pursuant to the provisions of
the twenty-sixth section of the 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, wless such person has become insane within one year next
prior to the granting of such certificate by the county judge, Judge to and it shall be the duty of said judge when an application is give notice of applica made to him pursuant to said twenty-sixth section of said act,
to cause such reasouable notice thereof and of the time and place of hearing the same to be given to one of the superintendents of the poor of the county chargeable with the expense of supporting such person in the asylum if admitted, or if such expense is chargeable to a town, or city then to an overseer of the poor of such town or city as he may judge reasonable under the circumstances and he shall then proceed to enquire as to the time when such person became insane, and shall in addition to the requirements of said twenty-sixth section state in his certificate that satisfactory proof has been adduced before him, that such person became insane within a year next prior to the date of his certificate. On granting such certificate the judge may in his discretion, require the friends of the patient to give security to the superintendent of the poor of the county to remove the patient from the asylum at the end of two years, in case he does not sooner recover. When a patient who is admitted into the asylum on the certificate of a county judge, given pursuant to the twenty-sixth section of the aforesaid act, has remained in the asylum two years, and has not recovered, the superintendent of the asylum shall send notice by mail to the overseer of the poor of the town where the patient resided at the time of his admission into the asylum, or to the county judge of the county from which he
tion to su perintendent of poor.
was sent, that such patient has remained two years in the asylum and has not recovered, and that he should be removed from the asylum, and that in case he is not removed the expense of his support will be chargeable to the county until he is so removed, and then such expense shall be chargeable to the county accordingly, but in every case where a patient admitted into the asylum pursuant to the provisions of the twenty-sixth section of said act, shall have remained there two years, and has not recovered, the managers of the asylum may, in their discretion, cause such patient to be returned to the county from which he came, and charge the expense of such removal to the county.
[Sections 3 and 4 temporary.]
the State Lunatic Asylum, and more effectually to pro-
PASSED July 9, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
S 1. The county judge of each of the counties of this state, Power of is bereby authorized to send all such indigent lunatics, be- judge. longing to each county, as may be brought before him, either to the county poor house or to the state lunatic asylum, as in his judgment may be for the best interests of all concerned.
an appropriation therefor.
Passed July 10, 1851; "three-fifths being present.” The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$ 1. The governor shall, by and with the advice and con- Trustees sent of the senate, appoint five trustees, who, together with pointed. the governor, lieutenant-governor, secretary of state and comptroller, shall be trustees of an institution for the education of idiots, to be called “The Asylum for Idiots," with power to establish rules and regulations for the government of the asylum. § 2. The said trustees shall procure a building suitable for Building to
be procurthe education of such idiots as may be selected by said trus- ed.
Selection of idiots, how made.
tees not exceeding twenty, and they shall have power to employ all necessary teachers, keepers and assistants.
S 3. The said number of idiots shall be selected from those whose parents or guardians are unable to provide for their support, some of them from each of the judicial districts of this state, and the trustees are authorized to receive such additional number of idiots as can be conveniently received into the asylum on such terms, and on the payment of such sum as the trustees may deem just.
[Section 4 temporary.]
S 5. The trustees of this institution shall make an annual report on or before the first day of February in each year, to the legislature, of the condition of the institution.
CHAP. 159. AN ACT making appropriations for the continuance and enlargement of the State Asylum for Idiots.
Passed April 11, 1853; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: [Sections 1 and 2 temporary.)
$ 3. There shall be received, and be supported gratuitously, popieredo be in the said asylum, sixty-four pupils, to be selected in equal gratuitous numbers, as near as may be, from each judicial district, from
those whose parents or guardians are unable to provide for their support therein ; and such additional number of idiots as can be conveniently accommodated may be received into the asylum, by the trustees, on such terms as they may deem just.
buildings for the New York Asylum for Idiots, and to
Passed April 5, 1855; three-fifths being present. The People of the State of New York, represented in Senate
and Assembly, do enact as follows : Papile how S 3. The supervisors of any county in the state from which supported. state pupils may be selected and received into the said asylum
for idiots, and whose parents are unable to furnish them with suitable clothing, are hereby authorised and required, while such pupils are under instruction, to raise a sum of money for this purpose, not exceeding twenty dollars in any one year, for each pupil from said county.
tic Asylum, and to confer certain powers upon justices
PASSED April 16, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$ 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 effec- cases. tually 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 it 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.
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 :
3 1. The management for the asylum for idiots shall be Managovested in a board of trustees, consisting of the governor, mylum. lieutenant-governor, secretary of state, comptroller, superintendent of public instruction, and eight other persons.
3 2. Henry N. Pohlman, James H. Titus, Hamilton White, Trustees. 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
llow appointed hereafter.
duties of board of
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 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 expired 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 $ 3. Said board shall have the general direction and con
trol of all the property and concerns of the said asylum not trustees.
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.
$ 4. 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 uuless 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. May hold in $ 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.
Salaries of officers.
trust dona tions.