§ 3. Section twenty-five of article second of said title is hereby amended so as to read as follows:

of care

§ 25. The penitentiary from which convict (if under sentence for a Expenses misdemeanor) shall have been transferred, shall be liable for the and mainexpenses of his care and maintenance during the time he shall remain tenance. in said asylum, provided that he is removed therefrom before the expiration of his sentence. If he shall continue insane after the expiration of the time for which he was sentenced, then the county from which he was sent to said penitentiary shall pay his expenses, as hereinbefore provided in section twenty-two of this act.

§ 4. Section thirty-one of article second of said title is hereby amended so as to read as follows:

verdict.

§ 31. Whenever any person accused of the crime of arson, murder Special or attempted murder, or highway robbery, shall have been acquitted upon trial upon the ground of insanity, the jury shall bring in a special verdict to that effect and so state it in their finding; and the court before whom such trial is had shall order such person to be committed to some State lunatic asylum, there to remain for observation and care until such time as, in the judgment of a Justice of the Supreme Court, founded upon satisfactory evidence, it is safe, legal and right to discharge him.

§ 5. Section thirty-three of article second of said title is hereby amended so as to read as follows:

give notice

ery.

§ 33. Whenever any insane person in confinement under indictment Superinfor arson, murder, or attempt at murder, or highway robbery, or who tendent to has been acquitted thereof on the ground of insanity, and has been of recovcommitted to some State lunatic asylum, pursuant to the provisions of the preceding sections, shall be restored to his right mind, it shall be the duty of the superintendent of such asylum to give notice thereof to the State commissioner in lunacy, who shall thereupon inquire into the truth of such fact, and if the same shall be proved to his satisfaction, he shall so certify it under his official hand and seal to a Justice of the Supreme Court of the district in which such asylum is situated, who shall thereupon, and upon such other facts as may be proven before him, determine whether it is safe, legal and right that such party in confinement as aforesaid should be discharged.

§ 6. Section six of title second of said act is hereby amended so as to read as follows:

real estate.

1876, ch.

§ 6. Any idiot, lunatic or person of unsound mind, seized of any Sale of real estate, or entitled to any term for years in lands, may, by com- Amended. mittee duly appointed, apply to the Supreme Court or county court for the sale or disposition of the same, in the manner hereinafter directed.

§ 7. Section twenty-three of title second of said act is hereby amended so as to read as follows:

$23. Whenever any idiot, lunatic or person of unsound mind shall be seized or possessed of any real estate by way of mortgage, or as a trustee for others in any manner, his committee may apply to the Supreme Court or to the county court for authority to convey and assure such real estate to any other person or persons entitled to such Conveyance or assurance, in such manner as the said court shall direct, upon which a reference and the like proceedings shall be had, as in the case of an application to sell real estate as aforesaid, and the court, upon hearing all parties interested, may order such conveyance or assurance to be made.

The sections amended by SS 6, 7, 8 and 9 of the above act were repealed by L. 1880, ch. 245; § 6 was amended by L. 1876, ch. 267, post. See Co. Civ. Proc., ch. 17, tit. 7.

267, post.

Commitapply for authority real estate

tee may

to convey

Commit

tee may be

compelled

§ 8. Section twenty-four of title second of said act is hereby amended so as to read as follows:

§ 24. On the application of any person entitled to such conveyance or assurance by action or petition, the committee may be compelled by to convey. the Supreme Court or county court, on a hearing of all parties interested, to execute such conveyance or assurance.

Term of leases.

Official oath.

Treasurer

may recoV

due asy

lum.

§ 9. Section twenty-seven of title second of said act is hereby amended so as to read as follows:

§ 27. The real estate of any idiot, lunatic, or person of unsound mind, shall not be leased for more than five years, or mortgaged or aliened or disposed of otherwise than is herein before directed.

§ 10. Section eight of title third of said act is hereby amended so as to read as follows:

§ 8. The superintendent, treasurer and steward of the asylum, before entering upon their respective duties, shall severally take the oath prescribed in the first section of the twelfth article of the Constitution of the State; and such oath shall be filed with the clerk of the county of Oneida.

§ 11. Section seventeen of title three of said act is hereby amended so as to read as follows:

§ 17. Said treasurer is also authorized to recover for the use of the er moneys asylum, any and all sums which may be due upon any note or bond in his hands belonging to the asylum; also any and all sums which may be charged and due according 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 traveling expenses, in an action to be brought in said 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 when demanded by the treasurer; and judgment shall be rendered for such sum as shall be found due, with interest from the time of the demand made aforesaid. Said treasurer may also, upon 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.

§ 12. Section ten of title four of said act is hereby amended so as to read as follows:

§ 10. The chronic pauper insane from the poor-houses 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 Board of Charities. And all the chronic insane pauper patients who may be discharged not recovered from 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. § 13. Title eight of said act is hereby amended so as to read as follows:

TITLE VIII.

§ 1. The building erected at Auburn for an asylum shall be known and designated as the State Asylum for Insane Criminals, at Auburn. § 2. The State commissioner in lunacy shall appoint a medical superintendent for said asylum, who shall be a well-educated physician

of experience in the treatment of the insane, who shall, under the direction of said inspectors, have charge of said asylum, and shall make all purchases for the support of said asylum, and shall account for all moneys coming to his hand in the same manner as the agent and warden of any of the State prisons are now required by law to do.

§3. The said medical superintendent shall reside in the building, Residence. and shall devote as much of his time as may be necessary to the care and treatment of those confined therein. He shall receive a salary of Salary. fifteen hundred dollars per annum, payable monthly, and shall be allowed rations for himself and family, and all necessary fuel and lights for warming and lighting his rooms in said building.

superin

§ 4. The superintendent shall be the chief executive officer of the Powers of asylum. He shall have the general superintendence of the buildings tendent. and grounds, together with their furniture, fixtures and stock; and the direction and control of all persons therein, subject to such laws and regulations as may be established by the board of inspectors. He shall have the nomination of his co-resident officers, with power to assign them their respective duties, subject to the by-laws aforesaid. Also to appoint, with the approval of the board, such and so many attendants and employees as he may think proper and necessary for the economical and efficient administration of the affairs of the asylum, and to prescribe their several duties and places, and to discharge any of them at his sole discretion. But in every case of discharge so occurring, he shall forthwith enter the same, with the reasons therefor, under an appropriate head, in one of the record books of the asylum. He shall also have power to suspend, until the next meeting of the board, for good and sufficient cause, any resident officer; but in such case he shall forthwith give written notice of the fact, with its causes and circumstances, to said board, whose duty thereupon it shall be to call a special meeting of the board to provide for the exigency. The assistant physician shall perform the duties and be subject to the responsibilities of the superintendent, in his sickness or absence.

§ 5. The other officers and employees in said asylum shall be an other assistant physician, who shall also perform the duties of clerk of said officers. asylum; a matron, and not exceeding ten male attendants for the male department, and four female attendants for the female department, who shall be appointed by the board of prison inspectors, upon the recommendation of the medical superintendent; and the monthly wages of Compensa such attendants shall be fixed from time to time by the said board of tion. prison inspectors, not to exceed twenty-five dollars per month each, and the same paid monthly, and said attendants shall reside in, and be boarded at the expense of, such asylum.

convicts at

§ 6. The Inspector of State Prisons shall cause any female convict Insane in the State prison at Sing Sing, who now is or hereafter may become female insane, to be removed to and retained in the female department of the Sing Sing. State asylum for insane criminals in the manner provided by law. And all the provisions of this act shall apply to the cases of convicts so removed, except that whenever any such female convict shall have become restored to reason, she shall be transferred to and again received into the female State prison at Sing Sing.

tendent.

§7. The medical superintendent shall file in the office of the Comp- Bond of troller of this State a bond in the penal sum of ten thousand dollars, superinconditioned for the faithful performance of his duty as such, which bond, before it shall be filed, shall be approved by the board of inspectors; and no medical superintendent shall enter upon the discharge of

Monthly estimate.

Rules and regulations.

When

inspectors to examine into condition

of convicts.

Disposi

tion of convicts

insane

after ex

sentence.

the duties of said office till such bond so approved shall have been duly filed, as aforesaid.

88. The superintendent shall estimate monthly, as is now provided by law, and subject to the same restrictions and conditions as in the case of agents and wardens of the State prisons, for all moneys necessary for the support and maintenance of said asylum, which estimate shall be submitted to and carefully examined by the inspector in charge of the said Auburn prison, who, if he is satisfied that the said estimate is correct, and that the articles named in said estimate are actually needed for the support and maintenance of said asylum, shall certify the same, and on the production of said estimate, so certified, to the Comptroller, he shall draw his warrant on the Treasurer for the amount of said estimate, and the Treasurer shall pay the amount of said warrant out of any money in the treasury appropriated for the support of the State prisons.

89. The Inspectors of State Prisons shall adopt such rules and regulations from time to time as they shall deem proper for the control and management of the said asylum, which said rules and regulations shall be approved by the State commissioner in lunacy, and they shall also have power to remove any and all the officers in said asylum for cause, and shall enter such cause, in full on the minutes of their proceedings at the asylum. And no officer removed by the said inspectors, for cause, shall be reappointed to any position in said asylum.

§ 10. Whenever the physicians of either of the State prisons of this State shall certify to the board of inspectors, or to the inspector in charge, that any convict therein is insane it shall be the duty of such board or of such inspector in charge, to make immediately, a full examination into the condition of such convict, and if satisfied that he is insane the said board of inspectors, or the inspector in charge, shall order the agent or warden of the prison where such convict is confined forthwith to convey said convict to the State asylum for insane criminals, and to deliver him to the superintendent thereof, who is hereby required to receive him into the said asylum, and retain him there until legally discharged.

§ 11. Whenever any convict in the State asylum for insane criminals, under and by virtue of the provisions of this act, shall continue to be remaining insane at the expiration of the term for which he was sentenced, the board of inspectors, upon the superintendent's certificate that he is piration of harmless and will probably continue so, and that he is not likely to be improved by further treatment in the asylum; or upon a like certificate that he is manifestly incurable, and can probably be rendered comfortable at the county alms-house, may cause such insane convict to be removed at the expense of the State, from said asylum, to the county wherein he was convicted, or to the county of his former residence, and delivered to and placed under the care of the superintendents of the poor of such county, and the said superintendents are hereby required to receive such insane convict under their charge; they may also discharge and deliver any convict whose sentence has expired, and who is still insane, to his relatives or friends, who will undertake with good sureties to be approved by said superintendent of the State asylum for insane criminals, for his peaceful behavior, safe custody and comfortable maintenance without further public charge.

§ 12. In case the insanity of any convict shall continue after the expiration of his sentence, he shall be retained in said asylum until adjudged a fit subject to be discharged by the State commissioner in lunacy.

prison.

§ 13. Whenever any convict, who shall have been confined in the Transfer said asylum as a lunatic, shall have become restored to reason, and the to State medical superintendent of said asylum shall so certify in writing, he shall be forthwith transferred to the Auburn State prison. and the agent and warden of said prison shall receive said convict into the said prison, and shall in all respects treat such convict as if he had been originally sentenced to imprisonment in said prison, though said convict may have been conveyed to the said asylum from either of the other prisons of the State, but any convict received from a penitentiary shall be returned to the same.

of convio

§ 14. Whenever the Inspectors of State Prisons shall order any con- Certificate vict to be transferred to the asylum for insane criminals, the agent and warden of the prison from which such convict is transferred, shall cause a correct copy of the orignal certificate of conviction of said convict to be filed in his office, and shall deliver the original certificate to the superintendent of the asylum; and when any such convict shall be transferred to the Auburn prison from such asylum, as herein before provided, the said superintendent shall deliver to the agent and warden of said prison such original certificate, which shall be filed in the clerk's office in said prison.

physician.

15. The physician who shall attend any meeting of the board of Pay of Inspectors of State Prisons, or who shall make any examination of any convict, as herein before provided, shall be paid his actual and reasonable traveling expenses in going to and returning from such examination or meeting, on the certificate of the president of the board of Inspectors of State Prisons that he has attended such meeting or examination.

support

superin

§ 16. The superintendent is hereby authorized to recover for the Action for support of any patient therein chargeable under the law to either may be in counties or penitentiaries. in an action to be brought in said superin- name of tendent's name as superintendent of the State asylum for insane crimi- tendent. nals, and which action shall not abate by reason of his death or removal, against the county or penitentiary for the maintenance of the said patient, and judgment therein shall be rendered for such sum as shall be found due, together with interest from the time of the demand made. § 17. Section two of title ten of said act is hereby amended so as to read as follows:

State com.

§ 2. It shall be the duty of such commissioner to examine into and Duty of to report annually to the Legislature on or before the fifth day of Jan- missioner nary the condition of the insane and idiotic in this State, and the in lunacy. management and conduct of the asylums, public and private, and other institutions for their care and treatment. And it shall be the duty of the officers and others respectively in charge thereof to give such commissioner at all times free access, whether in person or by written communication, to the insane, and full information concerning them and their treatment therein.

§ 18. Section four of said title ten is hereby amended so as to read as follows:

deprived

Amended

§4. The said commissioner is hereby empowered to issue compul- As to sory process for the attendance of witnesses and the production of Persons papers to administer oaths, and to examine persons under oath, and to of liberty. exercise the same powers as belong to referees appointed by the 1876, ch. Supreme Court, in all cases where, from evidence laid before him, 267, post. here is reason to believe that any person is wrongfully deprived of

*So in the original.