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condition that the cost of maintenance as fixed by the board of managers be paid. Where no vacancies exist or where the cost of maintenanie is not paid, the inmate should be discharged. Dated September 6, 1912.

THOMAS CARMODY,

Attorney-General. TO CHARLES BERNSTEIN, M, D., Superintendent Rome State ('ustodial Asylum,

Rome, N. Y.

$ 95. Detention and discharge of inmates; procedure. The following procedure for the detention and discharge of inmates in the Rome State Custodial Asylum is hereby provided :

1. The Rome State Custodial Asylum shall reccive, when it has accommodations therefor, such persons of the class designed to be maintained in said asylum, as shall be duly committed thereto in accordance with the provisions of law and the rules and regulations of said asylum, and it shall be the duty of said asylum, and for that vurpose it is hereby vested with the authority to detain all such persons so committed, including the right to arrest and return any who may escape therefrom, until discharged by the board of managers of said asylum, or by an order of the supreme court of the state of New York, obtained as hereinafter provided.

2. Any inmate of said institution, or any person or corporation interested in any inmate as next of kin, or otherwise, may apply to the board of managers for the discharge of such inmate, by presenting to the said board of managers a petition in writing, duly verified as a pleading in the supreme court, which petition shall set forth the interest of the petitioner in the inmate, if the same is presented by any other person than the inmate, the grounds or reasons for asking for such discharge and the home, place or surroundings in which it is proposed or intended to place the said inmate, if discharged, and such other facts as may tend to throw light upon the subject of the application.

3. Such petition may be presented at any legally constituted meeting of the board of managers of said asylum, and shall be acted upon by the board at such meeting, or as soon thereafter as practicable, and the prayer of the petition shall be either granted or refused by the said board of managers.

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4. In case the said petition for discharge is denied, the action of the board of managers shall be expressed in a resolution to be adopted by the said board, and said resolution shall embody the grounds or reasons of said board for refusing to grant such discharge, and a copy of such resolution shall be mailed or delivered forthwith to the petitioner, or the attorney presenting the petition to the board.

5. At any time within thirty days after the mailing or delivery of said resolution, as prescribed in the last paragraph, the petitioner may cause a notice in writing to be served upon the superintendent of the said asylum and the attorney-general of the state of New York, to the effect that the said action of the board of managers shall be reviewed by the supreme court of the state of New York at a special term thereof to be held in the judicial district in which the said asylum is located, not less than eight days after such notice is served, and the noti... cerved upon the attorney-general shall be accompanied by true copies of all papers used upon the application before the board, and of the resolution adopted by the board on said application, and any other papers or documents intended to be presented to the court upon said hearing.

6. Upon receipt of such notice and papers, it shall be the duty of the attorney-general to appear in said proceeding and upon said hearing in court, on behalf of the state of New York, and to render such legal service and give such counsel as may be necessary to fully advise the court and protect the interests of the state of New York in the premises.

7. The superintendent and the board of managers of said asylum shall furnish to the attorney-general, upon his application, any information, facts or data in their possession, which he may require to use upon said hearing.

8. The order granted by the court upon such hearing shall be entered in the office of the clerk of the county of Oneida, and a certified copy thereof furnished to the superintendent of the said asylum, and shall be recorded in the records of the said asylum, and the said inmate shall be discharged or detained according to the terms of said order. (Added by chapter 339 of the Laws of 1909.)

9. The superintendent may grant any inmate of said institution a parole or leave of absence under such rules and regulations as the board of managers of said asylum shall adopt to govern such procedure. (Added by chapter 448 of the Laws of 1912.)

10. The superintendent may admit to the asylum temporarily, without commitment, under such rules and regulations as the board of managers may prescribe, for purposes of observation, such children or adults as are suspected of being feeble-minded or idiotic; to ascertain whether or not such person is actually mentally defective and a proper case for care, treatment and training in an institution for the feeble-minded or idiots. (Added by chapter 448 of the Laws of 1912.)

ARTICLES
Craig Colony for Epileptics
Section 100. Establishment and objects of colony.

101. Managers of the colony.
102. Buildings and improvements.
103. Powers and duties of managers.
104. Annual report.
105. Donations in trust.
106. Officers of the colony.
107. Duties of the superintendent.
108. Duties of agent in the capacity of treasurer.
109. Designation and admission of patients.
110. Support of state patients.
111. Apportionment of state patients.
112. Support of private patients.
113. Discharge of patients.

114. Reimbursement for maintenance expenses
*114. Detention and discharge of inmates; procedure.

115. Sale of products.
117. Designation of special policemen.

* Incorrectly numbered by chapter 588 Laws of 1911.

$ 100. Establishment and objects of colony. The colony for epileptics established at Songea, Livingston county, is hereby continued, and shall be known as the Craig colony for epileptics, in honor of the late Oscar Craig, of Rochester, New York, whose efficient and gratuitous public services in behalf of epileptics and other dependent unfortunates the state desires to commemorate. The objects of such colony shall be to secure the humane, curative, scientific and economical care and treatment of epileptics, exclusive of insane epileptics.

§ 101. Managers of the colony. There shall be a board of seven managers of the Craig colony, appointed in accordance with the provisions of section fifty-one of this chapter. (As amended by chapter 449 of the Laws of 1910.)

§ 102. Buildings and improvements. The board of managers shall receive patients as rapidly as the condition of the colony will admit. They shall utilize all buildings and improve ments on the lands so conveyed, and construct such additional buildings as may be necessary, and make further improvements upon plans adopted by them and approved by the governor, the president of the state board of charities and the fiscal supervisor, or a majority of such officers and for which appropriations are made by the legislature. There shall be provided for such colony an abundant supply of wholesome water, sufficient means for drainage and the disposal of sewage and a proper sanitary system. All of which shall be done under the direction of the board of managers in accordance with plans adopted by them, and approved by the governor, the president of the state board of charities and the fiscal supervisor, or a majority of such officers. (As amended by chapter 149 of the Laws of 1909, and chapter 449 of the Laws of 1910.) Duty of caring for the highways and bridges within the limits of the Craig

Colony for Epileptics devolves upon the commissioner of lighways of the town.

STATE OF NEW YORK,
ATTORNEY-GENERAL'S OFFICE,

ALBANY, Jay 27, 1896. JAMES C. KELLY, Highway Commissioner, Groreland, N. Y.:

DEAR SIB.— In replying to your letter of the 21st instant, in which you ask to be arlvised as to whether you have jurisdiction over the roads and bridges included in the Craig Colony," I have the honor to say:

The Craig Colony was established upon a tract of land, containing several kundred acres, in the town of Groveland, Livingston county. The law under which the Colony was established is chapter 363 of the Laws of 1894, entitled "An act to establish an epileptic colony, and making an appropriation therefor.” The title to the land is vested in the State; and, for the purposes of the act, the whole is under the control and management of a board of five trustees. In my judgment, the State's title is subject to the rights and easements which the public have in the roads and bridges through and upon the lands in question; and, as neither the law just referred to nor any other, so far as I have discovered, especially devolves the duty of caring for these roads and bridges, it would appear that the duty therein belongs to the commissioners of highways, under section 4 of the Highway Law (chapter 586, Laws of 1890, as amended by chapter 312, Laws of 1891), which reads as foliows:

“ The commissioners of highways in the several towns shall have the care and superintendence of the highways and bridges therein, except as otherwise specially provided in relation to incorporated villages, cities and other localities

Very truly yours,

T. E. HANCOCK,

Attorney-General.

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The plans for improvements of buildings, and the expenditures for such

plans and improvements, are subject to the approval of the State Board
of Charities.

STATE OF NEW YORK,
ATTORNEY-GENERAL'S OFFICE,

ALBANY, December 31, 1898. ROBERT W. HEBBERD, Esq., Secretary, State Board of Charities, Albany, N. Y.:

DEAR SIR.-- 1 have your letter of the 19th instant, asking for my construction of a portion of section 102 of chapter 546, Laws of 1896, and also of a portion of sections 11 and 17 of the same act, as indicated in your letter, the same having reference to the Craig Colony for Epileptics.

The tirst question is upon the following words of section 102: Construct such additional buildings and make further improvements upon plans adopted by them (the board of managers) and approved by the State Board of Charities." You desire to be advised as to what extent improvements at the Craig Colony are subject to the board's approval; and you ask me further to indicate where the line should be drawn.

In reply I have to say, that all improvements made to the buildings, now upon the lands of the Craig Colony, should be in accordance with plans adopted by the managers and approved by the State Board of Charities.

As to your question under sections 11 and 17, the law appears to recognize the usual expenses and the appropriation for maintenance or ordinary purposes.

Subdivision 2 of section 11 provides that “the merits of any and all requests on the part of any such institution for State aid for any purpose other than the usual expenses thereof and the amount required to accomplish the object desired," shall be subject to the inquiry and investigation of the State Board of Charities.

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