9 3. Balance all the accounts on his book on the first 10 day of each October, and make a statement thereof, and 11 an abstract of all the receipts and payments of the past 12 year; and, within three days thereafter, deliver the 13 same to the auditing committee of the directors, who 14 shall compare the same with his books and vouchers, 15 and verify the same by a further comparison with the 16 books of the superintendent, and certify the correctness 17 thereof to the directors at their annual meeting; 18 4. Render a quarterly statement of his receipts and 19 payments to such auditing committee, who shall, in like 20 manner as above, compare, verify, report and certify 21 the result thereof to the directors at their annual meet22 ing, who shall cause the same to be recorded in one of 23 the books of the asylum;

24 5. Render a further account of the state of his books, 25 and of the funds and other property in his custody, 26 whenever required by the directors.

27 6. Receive for the use of the asylum any and all sums 28 of money which may be due upon any notes or bonds in 29 his hands, belonging to the asylum; any and all sums 30 charged and due to the asylum for the support of any 31 pupil therein, or for actual disbursements made in his 32 behalf for necessary clothing and traveling expenses; 33 7. Prosecute an action in his name as such treasurer, 34 to recover any sum of money that may be due or owing 35 to the asylum;

36 8. Execute a release and satisfaction of a mortgage, 37 judgment or other lien, in favor of the asylum, when 38 paid, so that the same may be discharged from record. Id., §§ 14, 15.

1

(Post, p. 1803.)

§ 107. Semi-annual meetings and records of board of 2 directors. The board of directors shall maintain an 3 effective inspection of the affairs and management of the 4 institution, for which purpose they shall meet at the 5 asylum twice in each year, at such times as the by-laws 6 shall provide.

.

7

A committee of three directors to be appointed by the 8 board, at the annual meeting thereof, shall visit the 9 asylum once in every month, and perform such other 10 duties and exercise such other powers as shall be pre11 scribed in the by-laws, or the board may direct. The 12 board shall keep in a bound book, to be provided for the 13 purpose, a fair and full record of all its doings, which 14 shall be open at all times to the inspection of its mem15 bers, and all persons whom the governor and either 16 house of the legislature may appoint to examine the 17 same.

Id., §§ 11, 12.

1 § 108. Manner of receiving pupils.-There shall be 2 received and gratuitously supported in the asylum one 3 hundred and twenty pupils, to be selected in equal 4 numbers, as near as may be, from each judicial district, 5 from those whose parents or guardians are unable to 6 provide for their support therein and who shall be 7 teachable and shall be designated as state pupils. 8 Such additional number of teachable idiots as can be 9 conveniently accommodated shall be received into the 10 asylum by the directors on such terms as shall be just. 11 If the number of teachable idiots admitted shall not 12 equal the capacity of the asylum, such additional num13 ber of non-teachable idiots may be admitted as can be 14 conveniently accommodated.

15 Idiots or feeble minded children shall be received into 16 the asylum upon the written request of the persons by 17 whom they are sent, stating the age, place of nativity, if 18 known, Christian and surname, the town, city or county 19 in which each resides, and the ability or otherwise of each 20 idiot, his parents or guardian, to provide for his support 21 in whole or in part, and if in part only what part, the 22 degree of relationship or other circumstances of connec23 tion between him and the person requesting his admis24 sion, which statement must be verified by the affidavit 25 of two disinterested persons, residents of the same

26 county with the idiot and acquainted with the facts and 27 circumstances stated, and certified to be credible by the 28 county judge of the county.

29

Such judge must also further certify that such idiot is 30 an eligible and proper candidate for admission to such 31 asylum.

32 Idiots or feeble minded children may also be received 33 into such asylum upon the official application of a 34 county superintendent of the poor, or the commissioners 35 of charity of a city of the state having such officers.

36

In the admission of non-teachable idiots or feeble 37 minded children, preference shall be given to poor or 38 indigent idiots over all others, and to such as are able to 39 support themselves only in part, or who have parents 40 able to support them only in part over those who are 41 or who have parents who are able to wholly support 42 such children.

1

Id., § 18.

(Post, p. 1804.)

§ 109. Discharge of state pupils and payment of expenses.-2 When the directors shall direct a state pupil to be dis3 charged from the asylum, the superintendent thereof 4 may return him to the county from which he was sent 5 to the asylum, and deliver him to the keeper of the 6 alms-house thereof, and the superintendent of the poor 7 of the county shall audit and pay the actual and reason8 able expenses of the alms-house. If any town, county 9 or person is legally liable for the support of such pupil, 10 such expenses may be recovered by action in the name 11 of the county by such superintendent of the poor. If the 12 superintendent of the poor neglect or refuse to pay such 13 expenses on demand, the treasurer of the asylum may 14 pay the same and charge the amount to the county; and 15 the treasurer of the county shall pay the same with 16 interest after thirty days, out of any funds in his hands 17 not otherwise appropriated; and the supervisors shall 18 raise the amount as other county charges.

Id., § 19.

(Post, p. 1805.)

. XXVIII

1 § 110. Expense of clothing state pupils.-The supervis2 ors of any county from which state pupils may have 3 been received into the asylum, shall cause to be raised 4 annually, while such pupils remain in the asylum, the 5 sum of thirty dollars, for the purpose of furnishing 6 suitable clothing for each pupil; and the same shall be 7 paid to the treasurer of the asylum on or before the 8 first day of April each year.

9 The superintendent may agree with the parent, guar10 dian or committee of an idiot or feeble minded child, 11 or with any person, for the support, maintenance 12 and clothing of such a child at the asylum, upon such 13 terms and conditions as may be prescribed in the 14 by-laws, or approved by the directors. Every parent, 15 guardian, committee, or other person applying for 16 the admission into the asylum of an idiot who, or 17 whose parents or guardians are of sufficient ability 18 to provide for his maintenance therein, shall at the 19 time of his admission, deliver to the superintendent 20 an undertaking, with one or more sureties, to be 21 approved by the directors, in such manner as they shall 22 prescribe, to the effect that they will pay to the treas23 urer of the asylum all sums of money at such time or 24 times as shall be so agreed upon, and remove such idiot 25 from the asylum, free of expense to the directors, 26 within twenty days after the service of the notice 27 hereinafter provided. If such child, his parents or 28 guardian are of sufficient ability to pay only a part of 29 the expenses of supporting and maintaining him at 30 the asylum, such undertaking shall be only for his 31 removal from the asylum as above mentioned; and the 32 superintendent may take security by note or other 33 written agreement, with or without sureties, as he may 34 deem proper, for such part of such expenses as the 35 idiot, his parents or guardians are able to pay, subject, 36 however, to the approval of the directors in the manner 37 that shall be prescribed in the by-laws. Notice to 38 remove a pupil shall be in writing, signed by the super

39 intendent and directed to the parents, guardians, com40 mittee or other person upon whose request the pupil 41 was received at the asylum, at the place of residence 42 mentioned in such request, and deposited in the post43 office at Syracuse, with the postage prepaid.

44 If the pupil shall not be removed from the asylum 45 within twenty days after service of such notice, accord46 ing to the conditions of the agreement and undertaking, 47 he may be removed and disposed of by the super48 intendent as herein provided, in relation to state 49 pupils, and the provisions of this article respecting 50 the payment and recovery of the expenses of the 51 removal and disposition of a state pupil, shall be 52 equally applicable to expenses occurring under this 53 section.

Id., § 20.

(Post, p. 1801.)

ARTICLE VI.

STATE CUSTODIAL ASYLUM FOR FEEBLE-MINDED WOMEN.

SECTION 120. Established as a corporation.

1

121. Board of directors.

122. Officers.

123. Treasurer to give undertaking.

§ 120. Established as a corporation.- There is estab

2 lished the state custodial asylum for feeble-minded

3 women, at Newark, New York.

1

R. S., 2145.

L. 1885, ch. 281, § 1.

§ 121. Board of directors.- Such asylum shall continue 2 to have a board of nine directors, three of whom shall 3 be women, and shall be appointed by the governor, by 4 and with the consent of the senate, for six years, except 5 appointments to fill vacancies, which shall be for the