was sent, that such patient has remained two years in the asylum and has not recovered, and that he should be removed from the asylum, and that in case he is not removed the expense of his support will be chargeable to the county until he is so removed, and then such expense shall be chargeable to the county accordingly, but in every case where a patient admitted into the asylum pursuant to the provisions of the twenty-sixth section of said act, shall have remained there two years, and has not recovered, the managers of the asylum may, in their discretion, cause such patient to be returned to the county from which he came, and charge the expense of such removal to the county. [Sections 3 and 4 temporary.] CHAP. 446. AN ACT to amend the act entitled, "An act to organize the State Lunatic Asylum, and more effectually to provide for the care, maintenance, and recovery of the insane," passed April seventh, one thousand eight hundred and forty-two. PASSED July 9, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAP. XX. county 1. The county judge of each of the counties of this state, Power of is hereby authorized to send all such indigent lunatics, be- judge. longing to each county, as may be brought before him, either to the county poor house or to the state lunatic asylum, as in his judgment may be for the best interests of all concerned. CHAP. 502. AN ACT to establish an asylum for idiots, and making an appropriation therefor. PASSED July 10, 1851; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: how ap $1. The governor shall, by and with the advice and con- Trustees sent of the senate, appoint five trustees, who, together with pointed. the governor, lieutenant-governor, secretary of state and comptroller, shall be trustees of an institution for the education of idiots, to be called "The Asylum for Idiots," with power to establish rules and regulations for the government of the asylum. Building to be procur $2. The said trustees shall procure a building suitable for the education of such idiots as may be selected by said trus- ed." idiots, how ᏢᎪᎡᎢ 1. tees not exceeding twenty, and they shall have power to employ all necessary teachers, keepers and assistants. Selection of $3. The said number of idiots shall be selected from those made. whose parents or guardians are unable to provide for their support, some of them from each of the judicial districts of this state, and the trustees are authorized to receive such additional number of idiots as can be conveniently received into the asylum on such terms, and on the payment of such sum as the trustees may deem just. Annual report. Number of selected for [Section 4 temporary.] S5. The trustees of this institution shall make an annual report on or before the first day of February in each year, to the legislature, of the condition of the institution. CHAP. 159. AN ACT making appropriations for the continuance and enlargement of the State Asylum for Idiots. PASSED April 11, 1853; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: [Sections 1 and 2 temporary.] S3. There shall be received, and be supported gratuitously, pupils to be in the said asylum, sixty-four pupils, to be selected in equal gratuitous numbers, as near as may be, from each judicial district, from Instruction. those whose parents or guardians are unable to provide for their support therein; and such additional number of idiots as can be conveniently accommodated may be received into the asylum, by the trustees, on such terms as they may deem just. Pupils how CHAP. 163. AN ACT appropriating moneys for the completion of buildings for the New York Asylum for Idiots, and to provide for the clothing of the pupils in the same. PASSED April 5, 1855; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S3. The supervisors of any county in the state from which supported. state pupils may be selected and received into the said asylum for idiots, and whose parents are unable to furnish them with suitable clothing, are hereby authorised and required, while such pupils are under instruction, to raise a sum of money for this purpose, not exceeding twenty dollars in any one year, for each pupil from said county. CHAP. XX. CHAP. 650. AN ACT to amend the acts in relation to the State Lunatic Asylum, and to confer certain powers upon justices of the sessions. PASSED April 16, 1857. The People of the State of New York, represented in Senate and Assembly, do enact as follows: to justices $1. Whenever a county judge shall be precluded from act- Application ing as such, in proceedings under the twenty-sixth section of in certain the act to organize the state lunatic asylum, and more effec- cases. tually to provide for the care, maintenance and recovery of the insane, passed April seventh, eighteen hundred and fortytwo, by reason of relationship by consanguinity or affinity to any lunatic in indigent circumstances, application may be made in behalf of such lunatic, to one of the justices of the sessions, resident of the county in which such lunatic resides, and such proceedings shall be had by and before such justices, as is provided for in said section, and the said justice shall possess all the powers, and exercise the same jurisdiction in all respects under said section, and the amendment thereto passed April tenth, eighteen hundred and fifty, as such county judge would be authorized to possess and exercise, were it not for such disability. And the certificate of such justice, given under the provisions of said twenty-sixth section and the provisions of this act, shall for all purposes be as effectual and binding as if made by the county judge. CHAP. 220. AN ACT to re-organize the State Asylum for Idiots, and to provide for the government and management thereof. PASSED April 12, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ment of $1. The management for the asylum for idiots shall be Manage vested in a board of trustees, consisting of the governor, asylum. lieutenant-governor, secretary of state, comptroller, superintendent of public instruction, and eight other persons. $2. Henry N. Pohlman, James H. Titus, Hamilton White, Trustees. Allen Munroe, Hiram Putnam, Franklin Townsend, Lyman Clary and George H. Middleton, present trustees of the asylum for idiots, shall continue to be such trustees, and shall hold their office as follows: the said Franklin Townsend and George H. Middleton for two years, the said Allen Munroe ᏢᎪᎡᎢ 1. and Hamilton White for four years, the said Henry N. Pohlman and Lyman Clary for six years, and the said James H. Titus and Hiram Putnam for eight years, from the thirty-first day of December, one thousand eight hundred and sixty-one and until others are appointed in their places, subject, however, to being removed at any time by the Senate, upon the How aprecommendation of the governor. Their successors shall be pointed hereafter. appointed by the Senate upon the nomination of the governor, and shall hold their offices for eight years, and subject to be removed in the manner aforesaid. The Senate may, in like manner appoint a trustee for the unexpired term of office of any incumbent who shall die, resign, be removed from office, or cease to be an inhabitant of the state during his term, and such trustee shall be subject to removal in the manner above provided. Five members of the said board shall constitute a quorum for the transaction of business. Powers and duties of board of trustees. Officers. Salaries of officers. When payable. May hold in trust dona tions. $3. Said board shall have the general direction and control of all the property and concerns of the said asylum not otherwise provided by law, and shall take charge of its general interests, and see that its general design be carried into effect, and everything done faithfully according to the requirements of the legislature, and the by-laws, rules and regulations of the asylum. S4. The board shall appoint a superintendent, who shall be a well educated physician, and a treasurer, who shall reside in the city of Syracuse, and give bonds to the people of the state, for the faithful performance of his trust, in such sum and with such sureties as the comptroller of the state may approve. The superintendent shall appoint a steward and a matron, who, together with the superintendent, shall constantly reside in the asylum, and shall be denominated the resident officers thereof. $5. The board shall, from time to time, determine the annual salaries and allowances of the resident officers of the asylum. But no determination as to said salaries, or either of them, nor any alteration of them, or either of them, shall be made unless there shall be present at a meeting of the board of trustees, the Governor, Lieutenant-Governor, Secretary of State, Comptroller, Superintendent of Public Instruction, or a majority of those officers, of whom the Comptroller shall be one. $6. The salaries and allowances of the resident officers of the asylum shall be paid quarterly on the first days of October, January, April and July, in such year, by the treasurer of the asylum, on presentation of the bills therefor, audited, allowed and certified, as prescribed in the by-laws. $7. The trustees may take and hold in trust for the state any grant or devise of land, or any donation or bequest of money or other personal property, to be applied to the maintenance and education of idiots, and the general use of the asylum. CHAP. XX. 8. The trustees are hereby directed and empowered to Establish establish such by-laws as they may deem necessary and expe- by-laws. dient for regulating the appointment and duties of officers, teachers, attendants and assistants, for fixing the conditions of admission, support and discharge of pupils, and for conducting in a proper manner the business of the asylum; also to ordain and enforce a suitable system of rules and regulations for the internal government, discipline and management of the asylum. superinten $9. The superintendent shall be the chief executive officer Duties of of the asylum. He shall have the general superintendence dent. of the buildings, grounds and farm, together with their furniture, fixtures and stock, and the direction and control of all persons employed in and about the same, subject to the laws and regulations established by the trustees. He shall have the appointment of his co-resident officers, with power to assign them their respective duties, subject to the by-laws. He shall employ, subject to the supervision of the board of trustees, such teachers, attendants and assistants as he may think proper and necessary for the economical and efficient carrying into effect of the design of the institution, prescribe their several duties and places, and fix their compensation, and may discharge any of them. He shall, also, from time to time, give such orders and instructions as he may judge best calculated to induce good conduct, fidelity and economy in any department of labor and expense, and he is authorised and enjoined to maintain salutary discipline among all who are employed by the institution, and to enforce strict compliance with such instructions and uniform obedience to all the rules and regulations of the asylum. He shall further cause full and fair accounts and records of all his doings, and of the entire business and operations of the institution, together with the condition and prospects of the pupils, to be kept regularly, from day to day, in books provided for that purpose; and he shall see that all such accounts and records shall be fully made up to the first days of April and October in each year, and that the principal facts and results, with his report thereon, be presented to the board at its semi-annual meetings. The exercise of the foregoing powers shall be subject to the approval of the trustees, except as herein otherwise provided. He shall conduct the official correspondence of the institution, and keep a record of the applications received, and the pupils admitted, and he shall be accountable for the careful keeping and economical use of all furniture, stores and other articles provided for the asylum, and prepare and present to the board at its semi-annual meetings a true and perfect inventory of all the personal property and effects belonging to the asylum. tions $10. The resident officers of the asylum and all the Exemp teachers, attendants and assistants actually employed therein, of officers. during the time of such employment shall be exempt from |