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New York. AN ACT relating to the office of commissioner of jurors of
the county of New York.
PASSED May 8, 1879 ; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Commis- SECTION 1. The commissioner of jurors in the city of New York, siopes of hereafter appointed, shall be paid in full satisfaction for his services, a jurors to
yearly salary of five thousand dollars, and shall be allowed for continsalary.
gent expenses, including clerk hire and all other incidental expenses, a sum not to exceed six thousand dollars per annum, which shall be audited and paid as the expenses of other officers of said city and county are audited and paid; and said salary and allowance shall be in lieu of all fees or compensation heretofore a charge upon the county of New York or the mayor, aldermen and commonalty of the city of
New York. Fixing $ 2. It shall be the duty of the board of estimate and apportionsalaries.
ment of said city, from time to time, as it may determine, to fix the
salaries to be paid as in this statute directed. The salaries in this act How paid. provided for shall be paid monthly by the mayor, aldermen and com
monalty of the city of New York. Jurors' 8 3. The fees known as jurors' fees or fines shall be paid into the
treasury for the benefit of the sinking fund for the reduction of the
city debt. Repeal. § 4. All acts or parts of acts inconsistent with this act are hereby
repealed; but such repeal shall not take effect until the expiration of the term of office of the present commissioner of jurors.
See Co. Civ. Proc., secs. 1091, 1093, 1118, 3330, 3335.
CHAP 272. Appropri- AN ACT making appropriations for certain expenses of
government, and supplying deficiencies in former appropriations.
PASSED May 13, 1879 ; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
The following paragraph of this act, not being of merely temporary interest, is inserted here:
Hereafter no person who has not resided within this State for at least one year next prior to application for his or her admission into any State asylum for the idiotic, blind, insane or deaf and dumb, shall be admitted as an inmate therein. • The above paragraph was amended by ch. 549, L. 1880 (passed June 7, 1880), by substituting the word “ pauper" for the word " person ” in the first line.
AN ACT to authorize boards of supervisors to appoint a com- Highways.
missioner or commissioners to receive and expend any moneys heretofore set apart or appropriated by any act or acts of the legislature of this State for highway or bridge purposes, and not yet expended, and to legalize any such appointments heretofore made.
Passed May 13, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. In any case where, by any act or ac's of the legislature Commisof this state, any non-resident highway taxes have been specially set siopers to apart or appropriated for the construction or maintenance of any roads state apor bridges, and any commissioner or commissioners appointed therefor, lions for and where by reason of the expiration of the official life of the com- highways. missioner or commissioners so appointed to receive, expend and account for said non-resident highway taxes, any balance or remainder so set apart or appropriated has not been so received or expended, it shall be lawful for the boards of supervisors of the counties wherein said non-resident lands are situated to appoint a commissioner or commissioners to receive and expend any such unexpended balance, under the same regulations and conditions for the faithful performance of his or their duties as were provided for in said original act or acts ; and any act or acts of any board of supervisors appointing such commissioner or commissioners in anticipation of the passage of this act, are hereby ratified and confirmed.
$ 2. This act shall take effect immediately. Ante, p. 159, subd. 12.
AN ACT to abolish the New York State Inebriate Asylum Bingham
and to establish the Binghamton Asylum for the Chronic lum for Insane, and to provide for the management thereof.
Passed May 13, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. The institution heretofore established, and now known State Ineas the New York State Inebriate Asylum, at Binghamton, is hereby briate Asya abolished; and all the property and privileges belonging to this State, ished. and now managed and administered by the managers of said inebriate asylum, are hereby transferred and entrusted to the care and manage- Binghamment of the Binghamton Asylum for the Chronic Insane, which is ton Asyhereby established. The governor, by and with the advice and consent Chronic of the senate, shall appoint nine citizens of this State as a board of Insane. trustees of such asylum for the insane, who shall be divided into three Board of equal classes; the first class to hold office for two years, the second
class four years, and the third class six years, from and after the passage of this act, and until their successors are appointed and enter upon the discharge of their duties. The governor is hereby authorized by and with the advice and consent of the senate, to fill all vacancies hereafter occurring in said board of trustees, either by reason of the expiration
of the term of service, or for any other cause. Closing up 82. Immediately after the passage of this act, the managers of said of inebri ate asylum inebriate asylum shall begin their preparation to close up the affairs and trader of the same, and shall give free access and opportunity to the agents,
of property. mechanics and laborers to be employed by the trustees of said asylum
for the chronic insane, to enter upon said property for the purpose of preparing the same for the uses of such insane asylum; and upon the expiration of thirty days from and after the passage of this act, the said managers, their officers, agents, employees and servants shall vacate such property, and leave the same to the possession, control and management of the trustees appointed under the first section of this
act. Meeting of
§ 3. Within fifteen days from and after their appointment, the said trustees.
trustees shall meet in the administration rooms of said asylum, and select by lot two of their number for each class into which their number has been divided by the first section of this act, and shall, by ballot, by a majority vote, designate one of their number as their chairman, and in 'like manner shall designate one of their number as secretary
of their board. Inventory 8 4. Upon surrendering possession of said property to said trustees, erty trans- the said managers shall make out and file with the said trustees, a true ferred.
and full inventory, in duplicate, of all the property so to be transferred ; and the said trustees shall receipt for and take possession of such property, delivering to said managers one copy of said inventory, receipted by their chairman and secretary, and shall transmit to the comptroller of this State the other copy of said inventory so receipted; and thereupon the said managers shall be relieved from further liability for the care
and custody of such property so transferred. Altera- $ 5. The said trustees, whenever organized as provided in the third repair of section of this act, shall devise and prepare plans for the alteration
and repair of the buildings of said asylum, and for additional buildings thereto, in a plain and substantial style of architecture suitable for the purposes of an asylum for the chronic insane, which plans with full specifications of the same shall be submitted by them to the State board of charities for approval, adoption or modification by them; and upon the adoption by said State board of charities of such plans, the said trustees shall proceed to contract for such repairs and alterations, and for the erection of such additional buildings, in pursuance of said plans and specifications so approved or modified; the aggregate cost of which repairs and alterations, and for such additional buildings, shall not exceed the sum hereinafter appropriated for such purposes. The said trustees shall select one of their number, or some other suitable person to superintend such repairs and alterations, and the erection of such additional buildings who shall receive for his services and expenses therein, such sums of money as the board of trustees shall deem reasonable and just, to be paid to him out of such sums as are herein appropriated for such repairs and alterations, and for the erection of such additional buildings, not to exceed six dollars per day for each day of service. The said trustees and the said building superintendent shall have no interest, direct or indirect, in any contract for such repairs and alterations, or for the erection of such additional buildings, or for furnishing materials or labor for the same, and the said building superintendent shall be subject to removal by such board of trustees.
8 6. The sum of sixty-seven thousand five hundred dollars, Approprior so much thereof as may be necessary, is hereby appropriated out of repartor any moneys in the treasury not otherwise appropriated, for the pur- etc. poses of such repairs and alterations and for the erection of such addi. tional buildings and for maintenance, furnishing and incidental expenses attending the organization of the asylum, and the further sum of five thonsand dollars, or so much thereof as may be necessary, is hereby appropriated to pay off and discharge the obligations of the managers of the New York State Inebriate Asylum, now due or to become due on the first day of May, eighteen hundred and seventynine, which sum of five thousand dollars, or so much thereof as may be necessary, shall be paid by the State treasurer, on the warrant of the comptroller by the order of said board of managers upon the presentation to the comptroller by them of a certified schedule of all existing indebtedness of said inebriate asylum, provided the said managers convey and deliver to the trustees of the Binghamton Asylum for the Chronic Insane when appointed, ail the personal property belonging to the asylum and farm, and now used for the purposes of such asylum and farm, and estimated by said managers to be of the value of at least twenty thousand dollars; and the treasurer shall pay to the order of said trustees on the warrant of the comptroller, such sum or sums of money as may be required by them in the execution of their trust, and at such times as the same may be needed for the purposes aforesaid ; and the said trustees shall, as often as the comptroller may require the same, and upon the completion of said contract, make to him a true and detailed report of all moneys received by them by virtue of this act, and of all expenditures of the same, and shall truly account for all moneys received by them, whether expended or remaining in their hands.
87. The said trustees shall have the general direction, management Power of and control of all the property and concerns of the said asylum, not trustees. otherwise provided for by law, and shall see that the design of its institution shall be carried into effect, and every thing faithfully done according to law and the by-laws, rules and regulations of the asylum; and shall make full report in each year ending on the thirtieth day of September of their doings to the legislature in the first week of each annual session thereof. 8 8. The said trustees shall appoint a superintendent, who shall be
Superina well educated physician of experience with treatment of the insane, tendent. and a treasurer, who shall give bonds to the people of this State, in such sum and with such sureties as the comptroller shall approve, for the faithful performance of his duties and trust. They shall also ap- Other of
offi. point upon the nomination of the superintendent a steward, iwo cers. assistant physicians and a matron, all of whom, as well as the superintendent, shall constantly reside in the asylum, and be designated the resident officers thereof.
8 9. The said trustees shall, from time to time, fix and determine the annual salaries and allowances of the treasurer and the resident officers of the asylum, subject to the approval of the governor, secretary of State and comptroller, provided that such salaries do not, in the
Oath of ofice.
aggregate, exceed the sum of ten thousand and five hundred dollars for one year, which salaries shall be paid quarterly on the first days of January, April, July and October in each year, by the treasurer of the State, on the warrant of the comptroller, out of any moneys in the treasury not otherwise appropriated, to the order of the treasurer of the asylum, on his presenting a bill therefor, duly signed by the steward and certified as correct by the superintendent, and thereupon by the treasurer of the asylum to the officers entitled to the same, taking proper receipts therefor in a book to be kept by him for that purpose.
§ 10. Before entering upon the discharge of their respective duties, the treasurer, superintendent, and steward of the asylum shall severally take and subscribe the oath of office prescribed in the first section of the twelfth article of the constitution of this State, and file the
same in the office of the secretary of State. By-laws.
8.11. The said trustees are hereby directed and empowered, subject to the approval of the State board of charities, to establish such by-laws as they may deem necessary and expedient for regulating the appointment and duties of officers, assistants and employees, and also to ordain and enforce a suitable system of rules and regulations for the internal
government, discipline and management of the asylum. Powers $ 12. The superintendent shall be the chief executive officer of the and duties asylum. He shall have the general superintendence of the buildings, tendent.
their furniture and fixtures, the grounds and the farm and its stock, and the direction and control of all persons employed therein, subject to the by-laws, rules and regulations established by the trustees. He shall daily ascertain the condition of the inmates of the asylum, and perscribe* their treatment in the manner prescribed in the by-laws, and shall assign his co-resident officers to their respective duties, subject to the by-laws, and shall also appoint, subject to the approval of the trustees, and within the limit prescribed in the by-laws, such and so many other officers, assistants and attendants as he may deem necessary for the economical and efficient performance of the business of the asylum, and shall prescribe their several duties and compensations and shall have power to discharge the same at his pleasure ; but in every case of discharge he shall forth with record the same, with his reason therefor, under an appropriate heading in a book kept at the asylum for such purpose. He shall also have power for good and sufficient cause, to suspend from duty a resident officer until the next meeting of the board of trustees; but in such case he shall forth with give written notice of his action, with its cause and circumstances, to one of the trustees, whose duty thereupon shall be to call a special meeting of the trustees, to provide for the exigency. He shall also, from time to time, give such orders and instructions as he may deem most expedient to insure good conduct, fidelity and economy in every department of the asylum ; and he is hereby authorized and enjoined to maintain salutary discipline among all who are employed by or in the asylum, or on its grounds. He shall further cause full and true accounts and records of all his doings as superintendent and of the entire business and operations of the institution to be kept regularly from day to day, in books of record kept for such purpose, in the manner and to the extent prescribed in the by-laws ; and he shall see that all such accounts and records are fully made up in each year for the preceding year, to and including the last day of September, and shall,
*So in the original,