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CHAP. XX.

exhibit to him or them, on demand, all the books, papers, every part accounts, and writings belonging to the institution, or pertain- of asylum. ing to its business, management, discipline, or government; also, to furnish copies, abstracts, and reports, whenever required by the managers.

treasurer.

$14. The treasurer shall have the custody of all moneys, Duty of bonds, notes, mortgages, and other securities and obligations belonging to the asylum. He shall open, with one of the banks in Utica, to be selected with the approbation of the comptroller of the state, an account in his own name, as treasurer of the asylum; and he shall deposite all moneys immediately upon receiving them in said bank, and shall draw for the same only for the uses of the asylum, and in the manner prescribed in the by-laws, upon the written order of the steward, specifying the object of the payment. He shall keep full and accurate accounts of receipts and payments, in the manner directed in the by-laws, and such other accounts as the managers shall prescribe. He shall balance all the accounts on his books annually, on the last day of November, and make a statement of the balances thereon, and an abstract of the receipts and payments of the past year; which he shall, within three days, deliver to the auditing committee of the managers, who shall compare the same with his books and vouchers, and verify the results by a further comparison with the books of the steward, and certify the correctness thereof, within the next five days, to the managers. He shall further render a quarterly statement of his receipts and payments, on the first days of March, June, and September in each year, to the auditing committee, who shall compare and verify the same as aforesaid, and report the results, duly certified, to the managers, who shall cause the same to be recorded in one of the books of the asylum. He shall further render an account of the state of his books, and of the funds and other property in his custody, whenever required so to do by the managers. $15. The treasurer of the State Lunatic Asylum shall be Treasurer vested with the same powers, rights and authority which are same power now by law given, either to superintendents of the poor or to tendents overseers of the poor, in any county or town of the state, so far as may be necessary for the indemnity and benefit of the the poor, in asylum, and for the purpose of compelling a relative or com- cases. mittee to defray the expenses of a lunatic's support in the asylum, and reimburse actual disbursements for his necessary clothing and travelling expenses, according to the by-laws of the institution; also for the purpose of coercing the payment of similar charges when due, according to said by-laws, from any town or city or county that is liable for the support of any lunatic in said asylum.

to have the

as superinand overseers of

certain

to recover

due to asy

516. Said treasurer is also authorized to recover, for the Authorized use of the asylum, any and all sums which may be due upon all sums any note or bond in his hands belonging to the asylum; also lam. any and all sums which may be charged and due, according

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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 travelling 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; in which action, the declaration may be in a general indebitatus assumpsit; and judgment shall be rendered for such sum as shall be found due, with interest from the time of the demand made as aforesaid. Said treasurer may also, upon the 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.

Notice to be given when asylum is ready for patients.

S17. The steward, under the direction of the superintendent, shall make all purchases for the asylum, and preserve the original bills and receipts thereof, and keep full and accurate accounts of the same, and copies of all orders drawn by himself upon the treasurer; he shall also, under like direction, make contracts in the superintendent's name, with the attendants and assistants, and keep and settle their accounts; he shall also keep the accounts for the support of patients, and expenses incurred in their behalf, and furnish the treasurer every month with copies of such as fall due; he shall make quarterly abstracts of all his accounts to the last day of every February, May, August, and November, for the treasurer and managers; he shall also be accountable for the careful keeping and economical use of all furniture, stores, and other articles provided for the asylum; and shall annually, during the third week in November, make out and file with the managers a true and perfect inventory, verified by oath, of all the personal property belonging to the asylum, in and about the premises, with an appraisal thereof, made under oath, by himself and some discreet householder of the city of Utica, whom the managers shall appoint for that purpose.

S18. As soon as the asylum shall be ready for the admission of patients, the managers shall cause notice thereof to be published for two weeks in the state paper, and sent to the clerk of every county, who shall transmit copies thereof, to the superintendents of the poor of said county, by mail. A circular from the superintendent shall accompany said notice to each county clerk, and to the superintendents of the poor, designating different days for the counties severally to send to the asylum their respective quotas of patients, and giving all necessary directions respecting admission and support, according to the by-laws.

[Section 19 repealed by Laws of 1843, ch. 224.]

Lunatics when to be

$20. In every case of lunacy hereafter occurring and proInm in cases vided for by Title three, Chapter twenty, Part first, of the

sent to asy.

hereafter occurring.

Revised Statutes, the lunatic shall be sent within ten days to

the State Lunatic Asylum, or "to such public or private asylum as may be approved by a standing order or resolution of the supervisors of the county;" and the provisions of said Title three, allowing other places of confinement beyond ten days, are hereby repealed. The superintendents and overseers of the poor named in the several sections of said Title three, are severally enjoined to see that this provision be carried into effect in the most humane and speedy manner; as well in case the lunatic or his relatives are of sufficient ability to defray the expenses, as in case of a pauper.

CHAP. XX.

5 B., 276.

of justice or

$ 21. If any lunatic confined under the statute, Title three, Appeal may last aforesaid, or any friend in his behalf, be dissatisfied with from order any final decision or order of the justices, or of any overseer overseer. or superintendent of the poor, under such statute, he may, within three days after such order or decision, appeal to one of the judges of the county, making complaint on oath, and such judge shall thereupon stay his being sent out of the county, and forthwith call a jury to decide upon the fact of lunacy; after a full and fair investigation, aided by the testimony of two respectable physicians, if such jury find him sane, the judge shall forthwith discharge him, otherwise he shall confirm the order for his being immediately sent to an asylum. In case the justices refuse to make an order for confinement they shall state their reasons for such refusal in writing, so that any person aggrieved thereby may appeal, as above, to a county judge, who shall hear and determine the matter in a summary way, or call a jury, as he may think most fit and proper. In every case of appeal the judge shall have the same power to take testimony and compel the attendance of witnesses and jurors, as a justice has in civil

cases.

5 B., 273.

or approved
insanity is
proved.

66

$22. In every case of "confinement" under the statute, ConfineTitle three, last aforesaid, whether of a pauper or not, after be ordered the passage of this act, neither justices, superintendents, or of until overseers of the poor, shall order or approve" of such confinement, without having the evidence of two reputable physicians, under oath, as to the alleged fact of insanity; andsuch testimony shall be reduced to writing and filed, with a brief report of all the other proofs, facts and proceedings in the case, in the office of the county clerk; and said clerk shall file said papers and register with date, the names and residence of the lunatic and officers severally, in tabular form, in the book of miscellaneous records, kept in said office; and the certificate of said clerk, and seal of the court, verifying such facts, shall warrant such lunatic's admission into the asylum.

31 B., 473.

!

$23. All lunatics whose confinement under the said statute, Provision Title three, is in a jail, or has commenced since the last day tics con

as to luna

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of December, eighteen hundred and forty, (except those whose mental derangement is upon the testimony under oath of two respectable physicians, manifestly incurable, or whose bodily infirmities indicate the approach of speedy dissolution,) and who are not already under special resolution of the supervisors as aforesaid, in some other approved asylum, shall be sent to the State Lunatic Asylum, within such time and under such regulations as shall be prescribed by the by-laws, after the asylum shall be open for the reception of patients. Superintendents of the poor, and all persons having the care of such lunatics, shall see to carrying this into effect.

Names, &c. of persons

$ 24. The superintendent shall make, in a book kept for the bringing purpose, at the time of reception, a minute with date of the be recorded. name, residence, office and occupation of the person by whom,

lunatics

and by whose authority, each insane person is brought to the asylum, and have all the orders, warrants, requests, certificates and other papers accompanying him, forthwith copied into the same.

PART I fined in a jail.

Number of patients allowed to each county.

Certain indigent persons not paupers to be admitted.

Counties to support such per

$25. Each county may at all times have one indigent insane patient in the asylum, whose disease at the time of admission was a first attack, and did not exceed six months; and such further number of either old or recent cases as the asylum can accommodate, in proportion to the insane population of the county. The patients shall be designated by the superintendents of the poor, or if the county has no such superintendents, by the first judge.

S26. When a person in indigent circumstances, not a pauper, becomes insane, application may be made in his behalf to the first judge of the county where he resides; and said judge shall call two respectable physicians and other credible witnesses, and fully investigate the facts of the case, and either with or without the verdict of a jury, at his discretion, as to the question of insanity, shall decide the case as to his indigence. And if the judge certifies that satisfactory proof has been adduced showing him insane, and his estate is insufficient to support him and his family, (or if he has no family, himself,) under the visitation of insanity, on his certificate, authenticated by the county clerk and seal of the county courts, he shall be admitted into the asylum and supported there at the expense of said county, until he shall be restored to soundness of mind, if effected in two years. The judge, in such case, shall have requisite power to compel the attendance of witnesses and jurors, and shall file the certificate of the physicians, taken under oath, and other papers, with a report of his proceedings and decision, with the clerk of the county, and report the facts to the supervisors, whose duty it shall be, at their next annual meeting to raise the money requisite to meet the expenses of support accordingly.

7 H., 171 See Laws of 1850, ch. 282, and 1857, ch. 650.

$27. When an insane person in indigent circumstances shall have been sent to the asylum by his friends, who have

CHAP. XX.

sons after

paid his bills therein for six months, if the superintendent shall
certify that he is a fit patient and likely to be benefited by six months.
remaining in the institution, the supervisors of the county of
his residence are authorized and required, upon an applica-
tion under oath in his behalf, to raise a sum of money suffi-
cient to defray the expenses of his remaining there another
year, and pay the same to the treasurer of the asylum. And
they shall repeat the same for two succeeding years, upon like
application and the production of a new certificate each year,
of like import from the superintendent.

mission.

$28. No patient shall be admitted into the asylum for a Term of ad shorter period than six months, except in special cases as specified in the by-laws.

$29. Whenever there are vacancies in the asylum, the Vacancies. managers may authorize the superintendent to admit, under special agreements, such recent cases, as may seek admission under peculiarly afflictive circumstances, or which, in his opinion, promise speedy recovery.

cleanliness

$30. All town and county officers sending a patient to the Bodily asylum, shall, before sending him, see that he is in a state of and clothperfect bodily cleanliness and is comfortably clothed, and pro- patients. vided with suitable changes of raiment, as prescribed in the by-laws.

of

as to per

quitted af

of

$31. When a person shall have escaped indictments or Provisions shall have been acquitted of a criminal charge upon trial, on sons acthe ground of insanity, the court being certified by the jury ter trial, on or otherwise, of the fact, shall carefully inquire and ascertain the ground whether his insanity in any degree continues, and if it does, shall order him in safe custody, and to be sent to the asylum. If such person be sent to the asylum, the county from which he is sent shall defray all his expenses while there, and of sending him back if returned; but the county may recover the amount so paid, from his own estate if he have any, or from any relative, town, city or county that would have been bound to provide for and maintain him elsewhere.

sons in con

under sen

prison

$32. If any person in confinement, under indictment or As to perunder sentence of imprisonment, or under a criminal charge, finement or or for want of bail for good behavior, or for keeping the tence of impeace, or for appearing as a witness, or in consequence of any ment, &c. summary conviction, or by order of any justice, or under any other than civil process, shall appear to be insane, the first judge of the county where he is confined, or if the first judge be absent from the county, any county judge of the degree of counsellor of the supreme court, shall institute a careful investigation, call two respectable physicians and other credible witnesses, invite the district attorney to aid in the examination, and if he deem it necessary, call a jury, and for that purpose is fully empowered to compel the attendance of witnesses and jurors; and if it be satisfactorily proved that he is insane, said judge may discharge him from imprisonment and order his safe custody and removal to the asylum, where he shall

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