location of grounds appurtenant thereto, and the number of patients of either sex proposed to be received therein; together with such additional information as the commission may require; and it shall not be lawful for said commission to grant any such license without first having caused an examination, by one of its number, of the premises proposed to be licensed, and being satisfied by such examination that they are as described, and are otherwise fit and suitable for the purposes for which they are designed to be used. It shall be the duty of the commissioners at their first visit to each institution, licensed in accordance with the laws of this state to have the care, custody or treatment of the insane, or persons of unsound mind, to examine the terms of the existing license and determine how far the institution is conducted in compliance with said license; the commission shall have power to continue, amend or revoke any existing license, as in their opinion, the interests of the insane in the respective institutions demand.

Section 60 of Revision.

§ 13. In all cases where the commission has reason to believe that any person is wrongfully deprived of his liberty or is cruelly, negligently or improperly treated in any asylum or institution for the custody of the insane, or inadequate provision is made for the skillful medical care, proper supervision and safe-keeping of the insane, it shall order an investigation of the facts in the case by one of its members; the commissioner conducting such inquiries is hereby empowered to issue compulsory process for the attendance of witnesses and the production of papers, to administer oaths and to examine persons under oath, and to exercise the same powers as belong to referees appointed by the supreme court. If the facts above mentioned shall be proved to the satisfaction of the commission, or a majority thereof, said commission is empowered to issue an order in the name of the people of the state, and under its official seal, directed to the superintendent or managers of such institution, requiring them to modify such treatment or apply such remedy, or both, as shall therein be specified. But before such order is issued it must be approved by a justice of the supreme court. Any person to whom such an order ic directed who shall wilfully refuse to obey the same, shall, upon conviction, be adjudged guilty of a criminal contempt. Whenever the said commission shall undertake any investigation into the general management and administration of any asylum or institution for the care and custody of the insane, it shall give due notice thereof to the attorney-general, and it shall thereupon be the duty of said attorneygeneral to appear at such investigation personally, or by deputy, in

behalf of the people and examine all witnesses who may be in attendance thereat.

In Code Civil Procedure.

§ 14. The said commissioners are hereby authorized to administer oaths and examine any person or persons in relation to any matter connected with the inquiries authorized by this act. The commission shall have power to make and use an official seal, and all copies of papers and documents in its possession and custody may be authenticated in the usual form under its official seal and the signature of any member of said commission or the secretary thereof, and used as evidence in all courts and places in this state, in like manner as similar certificates emanating from any other public office.

Section 43 of Revision.

§ 15. It shall be the duty of the authorities of every asylum and institution for the care, custody and treatment of the insane, to provide a blank-book to be known as the "commissioners' visiting book." Said book shall be kept among the records of the institution for consultation by the authorities of the respective institutions, and for reference by the commissioners at their several visits.

§ 16. The superintendent of every asylum or institution for the insane shall, within one week after the dismissal for misconduct of any officer or employe connected with such asylum, transmit to the state commission in lunacy, by mail, information in writing of such dismissal, and state the cause thereof; and the commission shall preserve the name of such officer or employe, with the facts relating to his or her dismissal, in a book provided for that purpose.

Section 36 of Revision.

§ 17. The superintendent of every asylum and institution, and the keeper of every county poor-house and city alms-house where insane are kept, shall, on or before the first of November in each and every year, report to the commission in lunacy the number of male and female insane, idiotic and epileptic, in his custody on the first day of October last past, together with a statistical exhibit of the number of admissions, discharges and deaths that have occurred within the past year among these classes of persons, the actual condition of those discharged, the causes of deat those ying, in the institution, and such other facts and information as the commission may require, and whoever shall neglect to report, as abovo directed, shall be guilty of a misdemeanor.

18. The commission shall annually transmit to the legislature a full report of their acts, together with such facts in regard to the insane and the management and conduct of the asylums and institutions for their care and treatment, as they may deem necessary for its information, to which they shall add in proper form and detail the measures which in their opinion are best adapted to improve the care and treatment of the insane.

§ 19. The commission is hereby authorized to make such rules and regulations in regard to the correspondence of the insane in custody, as in its judgment will promote their interest, and it shall be the duty of the proper authorities of each asylum or institution, public or private, in which the insane are in custody, to comply with and enforce said rules and regulations.

§ 20. The state commission in lunacy is hereby authorized to hear and determine all applications which may be made to it in writing by the county superintendents of the poor of the several counties of this state for exemption from the operation of section ten of title four of chapter four hundred and forty-six of the laws of eighteen hundred and seventy-four, and whenever said commission on such application shall determine that the buildings of said county and means employed to take care of the chronic pauper insane of such county are sufficient and proper for the time being for such purpose, and shall file the same in the office of the clerk of the county making such application, then, and in that case, and until such determination shall be revoked, as hereinafter mentioned and provided, the county superintendents of the poor of such county shall be relieved from sending the chronic pauper insane of such county to the Willard Asylum for the Insane, as now provided by law. Said commission may, at any time, revoke such determination, but the revocation must be made in writing and filed in the county clerk's office of the county making the application in the first instance, and notice thereof shall be given in writing to the county superintendents of the poor of such county, and upon the filing of the same said county superintendents of the poor shall from thenceforward be again subject to the provisions and operations of the said act.

§ 21. All powers and duties conferred upon the state commissioner in lunacy by chapter five hundred and seventy-one of the laws of eighteen hundred and seventy-three, or by chapter four hundred and forty-six of the laws of eighteen hundred and seventy-four, or chapter five hundred and seventy-four of the laws of eighteen hundred and seventy-five, or chapter forty-seven of the laws of eighteen hundred

and seventy-eight or acts amendatory thereof, or by any other act not herein specifically enumerated are transferred to and conferred upon the state commission in lunacy created by this act, and the office of state commissioner in lunacy is hereby abolished.

§ 22. The terms " commission," as used in this act, shall mean "state commission in lunacy;" "asylum" shall mean any buildings or building for the insane, erected, established or set apart for such purpose, either by the state, or by any county, or by any corporation; "institution" shall mean any buildings, home or retreat, licensed in accordance with laws of this state, to have the care, treatment, and custody of the insane.

§ 2. Sections nine, ten and eleven of chapter three hundred and forty-two of the laws of eighteen hundred and sixty-five are hereby repealed.

§ 3. Section ten of title four of chapter four hundred and forty-six of the laws of eighteen hundred and seventy-four is hereby amended so as to read as follows:

§ 10. The chronic pauper insane of the counties shall be sent to the said asylum by the county superintendents of the poor, except from those counties having asylums for the insane, to which they are now authorized to send such insane patients by special legislative enactments, or such counties as have been, or may hereafter be, exempted by the state commission in lunacy. And all the chronic insane pauper patients who may be discharged not recovered from the state lunatic asylums and who continue a public charge shall be sent to the asylum for the insane hereby created; and all such patients shall be a charge upon the respective counties from which they are sent.

§ 4. Chapter seven hundred and thirteen of the laws of eighteen hundred and seventy-one is hereby repealed.

§ 5. The repeal of a law or any part of a law by this act shall not affect or impair any act done, or right accruing, accrued or acquired, or liability, penalty or punishment incurred prior to the time this act takes effect, under or by virtue of any law so repealed, but the same may be asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such law had not been repealed; and all actions and proceedings, civil or criminal, commenced under or by virtue of the law so repealed and pending at the time this act takes effect may be prosecuted and defended in the same manner as they might under the laws existing immediately prior to the taking effect of this act. The provisions of this act, so far as they are substantially the same as those or laws existing immediately prior to the taking effect of this act, shall

be construed as a continuation of such laws, modified or amended according to the language employed in this act and not as new enactments.

§ 6. This act shall take effect immediately.

(LAWS OF 1890, CHAPTER 40.)

Sections 131 to 132 of Revision.

SECTION 1. In every order, commitment or direction made by any court, judge or other officer for the confinement of an insane or feeble minded woman in any hospital, public institution or other place, not located at the same place where such insane or feeble minded person may be at the time such order, commitment or direction is made, such court, judge or other officer shall also direct therein that such insane or feeble minded woman shall have as an attendant at least one suitable adult woman, while in custody pursuant to such order, commitment or direction, and while going to such hospital, public institution or other place; and no officer or other person shall keep in his custody, or take to any hospital, public institution or other place for the custody or confinement of an insane or feeble minded person any insane or feeble minded woman unless accompanied by such an attendant.

§ 2. Whenever any insane or feeble minded woman confined in any institution of this state, under and pursuant to a commitment or order of any court, judge or other officers, is to be transferred from one institution to another institution, or from any hospital or other public institution to a point outside of the city, village or town where said hospital or public institution is located, the board of managers of the institution where said insane or feeble minded woman is confined shall cause said insane or feeble minded woman, when so removed and transported, to be accompanied by one or more females in addition to the officer having her in charge.

§ 3. The expenses of procuring female assistants required for carrying out the provisions of this act shall be a charge upon the city or county from which said insane or feeble minded woman was committed. § 4. This act shall take effect immediately.

1824