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PART IV.

of moneys

case exceed the lowest cost of support and government of a child of the same age in any of the public institutions at present under the care of the ten governors of the almshouse and Application prisons department of the said city. The moneys so to be received from the said board of supervisors, together with all other moneys raised by the said New York Juvenile Asylum, to be applied to the payment of the current expenses, and for the perfect establishment and general support of the said asylum.

received.

[§ 2 temporary.]

Offences in

refuge.

CHAP. 306.

AN ACT to amend the act passed May eighth, eighteen hundred and forty-six, entitled "An act to authorize the establishment of the House of Refuge for Juvenile Delinquents in Western New York.

PASSED April 17, 1861; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. Whenever it shall appear to the managers of the the house of Western House of Refuge that any of the delinquents therein confined shall have been guilty of attempting wilfully to set fire to any building belonging to the institution, or any combustible matter for the purpose of setting fire to any such building, or that any delinquent shall have been guilty of openly resisting the lawful authority of the officers of the institution, or of attempting, by threat or otherwise, to excite others to do so, or shall, by gross or habitual misconduct, exert a dangerous and pernicious influence over the other delinquents, it shall be lawful for them to submit a written statement of the facts in any such case to a judge of the supreme court, or to the county judge of the county of Monroe, and thereupon to apply to him for an order authorizing the temporary confinement of such delinquent, for correction, in the Monroe county penitentiary.

Punishment for same.

S2. It shall be the duty of the judge forthwith summarily to inquire into the facts of the case, and if it shall appear to him that the statement is substantially true, and that the case is one in which the ends designed to be accomplished by the institution will be best promoted by it, he shall thereupon make an order authorizing the confinement of the delinquent in the said penitentiary for a limited period to be expressed in the order, and the superintendent or keeper of the said penitentiary is hereby authorized and required to receive such delinquent and detain him during the period expressed in such order, unless the managers shall previously direct him to be returned to the said House of Refuge.

CHAP. V.

refuge.

3. At the expiration of the period limited by the said C Restoration order or sooner, if the said managers shall direct it, the super- to house of intendent or keeper of the said penitentiary shall return such delinquent to the custody and care of the superintendent of the said House of Refuge to be further dealt with according to the laws, rules and regulations ordained for its government.

CHAPTER V.

Insane Criminals.

CHAP. 456.

AN ACT to provide for insane criminals.

PASSED April 13, 1855; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

amended.

$1. Section ninety-six of the act for the better regulation Act of 1847 of the county and state prisons of the state, and consolidating and amending the existing laws in relation thereto, passed December fourteenth, eighteen hundred and forty-seven, is hereby amended so as to read as follows: The inspectors of the prisons of this state are hereby authorized and required, without delay, to make the necessary and suitable provisions in one of the state prisons of this state, and the removal to such place for safe keeping and proper care, all the insane convicts now in the state lunatic asylum at Utica, and whenever the physician of a state prison shall duly report to the warden of such prison that any convict confined therein, is so far insane as to render him dangerous, or an improper subject of prison discipline, it shall be the duty of said warden to remove such convict to the place so provided, and the officers having charge of such place shall receive such convict and retain him there, at the expense of the state, so long as he or she shall continue insane.

terms

S2. The words "lunatic asylum," "state lunatic asylum," Meaning of or "asylum at Utica," whenever the same occur in the act therein hereby amended, shall be construed to apply to the place for used. safe keeping and proper care of insane convicts, provided for in the first section of this act.

PART IV.

Female insane convicts.

Designation.

to appoint

tendent.

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CHAP. 144.

AN ACT appropriating money for making provision for insane convicts.

PASSED March 20, 1857; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

3. So much of chapter four hundred and fifty-six, of the Laws of eighteen hundred and fifty-five, entitled "An act to provide for insane criminals," as requires that female insane convicts shall be removed from the state lunatic asylums, to the place provided for in said act, is hereby repealed, and the female insane convicts shall continue to be sent to the state lunatic asylums as heretofore.

CHAP. 130,

AN ACT to organize the State Lunatic Asylum for Insane

Convicts.

PASSED April 8, 1858; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The building now being erected on the prison grounds at Auburn, for an asylum for insane convicts, shall be known and designated as the State Lunatic Asylum for Insane Convicts.

Inspectors S2. The inspectors of state prisons shall, at the first quarmatterly meeting of their board, at the Auburn prison, after the superin- passage of this act, appoint a medical superintendent for said asylum, who shall, under the direction of the said inspectors, have the charge of said asylum, and shall make all the 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 account.

Superin

reside in the building.

He

S3. The said medical superintendent shall reside in the tendent to building, and shall devote all the time necessary, to the cure and treatment of those confined therein for treatment. shall receive a salary of one thousand 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.

Other officers.

S4. The other officers in said asylum shall be an assistant superintendent and not exceeding six attendants, who shall be recommended by the medical superintendent, and if ap

proved of by the board of inspectors of state prisons, shall CHAP. V. be appointed as such by said board of inspectors, and shall be paid as follows: The assistant superintendent shall receive thirty dollars per month, payable monthly, and shall also be boarded in and at the expense of said asylum, and the said attendants shall each receive twenty dollars per month and be boarded in said asylum.

tendent to

§ 5. The medical superintendent shall file in the office of Superinthe comptroller of this state, a bond in the penal sum of ten file bond. thousand dollars, conditioned 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 such medical superintendent shall enter upon the discharge of the duties of said office till such bond so approved shall have been duly filed as aforesaid.

estimate

§ 6. The superintendent shall estimate monthly, as is now Shall provided by law, and subject to the same restrictions and monthly. conditions as in the case of agents and wardens of the state prisons, for all the 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.

to adopt

$7. The inspectors of state prisons shall adopt such rules Inspectors and regulations, from time to time, as they shall deem proper, rules and for the control and management of the said asylum, and shall regulations. 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 re-appointed to any position in said asylum.

to certify as

convicts.

S8. Whenever the physicians of either of the state prisons Physicians of this state shall certify to the inspectors that any convict is to insane insane, they shall make, immediately, a full examination into the condition of such convict, and shall cause such convict to be examined by one of the physicians of the State Lunatic Asylum at Utica, and if satisfied that the said convict is insane or that there is probable cause to believe such convict to be insane, they shall order the agent and warden of the prison where such convict is confined forthwith to convey such convict to the State Lunatic Asylum for Insane Convicts, and to deliver the said convict to the superintendent thereof, who is hereby required to receive said convict into the said asylum and retain him there so long as he shall continue to

PART IV.

Principal physician of lunatic

phatic asylum to

be consulting manager.

Convicts when restored to reason.

Convicts when transferred to

be insane, and no convict who has been committed to said asylum as insane, shall be discharged from said asylum by reason of the expiration of the term for which he was sentenced, unless the relatives of such convict shall produce to the said superintendent satisfactory evidence of their ability to maintain such convict, and shall execute and deliver to said superintendent an agreement in writing that such convict shall not be a charge upon any public charity, if such convict shall continue to be insane at the expiration of the time for which such convict was sentenced.

$9. The principal physician of the State Lunatic Asylum at Utica is hereby declared to be a consulting manager of the State Lunatic Asylum for Insane Convicts," and the president of the board of inspectors of state prisons shall give, or cause to be given to said consulting manager, notice of the time of any and every meeting of said board at the said asylum, or at either of the state prisons, when held for the purpose of examining into the mental condition of any convict who shall have been certified to them to be insane.

$ 10. Whenever any convict who shall have been confined in the said asylum as a lunatic shall have become restored to reason, and the 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 this state.

S 11. Whenever the inspectors of state prisons shall order any convict to be transferred to the Asylum for Insane Conasylum, &c. victs, the agent and warden of the prison from which such

Pay of

convict is transferred, shall cause a correct copy of the original certificate of conviction of said convict to be filed in his office, and shall deliver the original certificate to the superin⚫tendent of the asylum; and when any such convict shall be transferred to the Auburn prison from such asylum, as hereinbefore 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.

S 12. The physician who shall attend any meeting of the physician. board of inspectors of state prisons, or who shall make any examinations of any convict, as hereinbefore 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.

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