ability of their respective parents or guardians or others to provide for their support in whole or in part, and if in part only, stating what part; and stating also the degree of relationship or other circumstances of connection between the applicant and the persons requesting their admission; which statement in all cases must be verified by the affidavits of the petitioners and accompanied by the opinions regarding epilepsy and mental competency, with affidavit, of a qualified physician; all residents of the same county with the epileptic patient and all acquainted with the facts and circumstances stated. An epileptic of proved normal mentality thus received shall not be detained after he or his relative nearest of kin or legal guardian, if a minor, shall have given due notice in writing of his or their intention to leave or remove him from the colony. Such additional number of epileptics as can be conveniently accommodated shall be received into the colony by the managers on such terms as shall be just and shall be designated as private patients. (As amended by chapter 39 of the Laws of 1914.) Epileptic children may be received into said institution as State patients, without the intervention of superintendents of the poor of the counties where such children reside. STATE OF NEW YORK, ATTORNEY-GENERAL'S OFFICE, WILLIAM P. SPRATLING, Esq., Superintendent Craig Colony, Sonyea, N. Y.: DEAR SIR. Your letter of the 23d instant is at hand. It submits the following question for my consideration: "Have the managers of the Craig Colony, under section 12, chapter 363, Laws of 1894, the right to receive into the colony epileptics in indigent circumstances, now residing in their homes, without such epileptics being first committed by the county poor authorities in the counties in which they respectively reside, and through the medium of such authorities reach the colony?" In reply, I have the honor to state that epileptic children may be received in the colony without intervention of the superintendent of the poor of the counties where such children reside. Authority to receive such children upon the application of persons other than superintendents of the poor desiring to send them to your institution is conferred by section 12 of chapter 363, Laws of 1894. The language of the section conferring this authority, is as follows: "Epileptic children shall be received into the colony only upon the written request of the person desiring to send them, stating the age, place of nativity if known, Christian and surname, the town, city or county in which such children respectively reside, and the ability of their respective parents or guardians or others to provide for their support, in whole or in part, and if in part only, stating what part; and stating also the degree of relationship or other circumstances of connection betwee the patients and the persons requesting their admission; which statement, in all cases of State patients, must be verified by the affidavits of the petitioner and of two disinterested persons, and accompanied by the opinion of a qualified physician," etc. The use of the term "State patients" in the portion of the section just quoted, shows that indigent children may be received upon the applications of their friends; for "State patients" is defined by the first sentence of section 12, to include only those patients who are received and gratuitously supported in the colony, and who, if of age, are unable, or if under age, whose parents or guardians are unable to provide for their support therein. With regard to adults, the statute is not so clear on this point. I am inclined to the opinion, however, that State patients other than indigeat children received upon the application of persons interested in them, may only be received by the colony upon the official application of a county superintendent of the poor, or of the poor authorities of any city. The statute reads: State patients, whether of age or under age, may also be received into the colony upon the official application of a superintendent of the poor or of the poor authorities of any city." Although the statute in general terms states that indigent epileptics may be received into the colony and gratuitously supported, the formalities to be observed before such patients can be legally received seem to be prescribed by section 12 of chapter 363, Laws of 1894. The legislative intention in prescribing those formalities, was undoubtedly to protect the State and your institution against imposition on the part of persons wholly or partly able to support patients for whose admission to the colony application may be made. It does not follow, however, and I do not desire to be understood as holding, that before an adult indigent patient may be admitted into your institution he must become an inmate of a county poorhouse. The county superintendent of the poor, or the poor authorities of any city, who are aware of the circumstances of a person whose friends may desire his admission to the colony, may officially apply for the admission of such person, whether he be an inmate of a poor-house or not. This is very apparent from the language of the section. Very truly yours, T. E. HANCOCK, § 110. Support of state patients. State patients shall be provided with proper board, lodging, medical treatment, care and tuition; and the managers of the colony shall receive for each state patient supported therein a sum not exceeding two hundred and fifty dollars per annum; which payments, if any, shall be made by the treasurer of the state, on the warrant of the comp troller, to the treasurer of the said colony, on his presenting the bill of the actual time and number of patients in the colony, signed and verified by the superintendent and treasurer of the colony and by the president and secretary of its board of managers, and approved by the fiscal supervisor. The supervisors of any county from which such patients may have been received into the colony shall cause to be raised annually, while such patients remain in the colony, the sum of thirty dollars for each of such state patients for the purpose of furnishing suitable clothing, and the same shall be paid to the treasurer of the colony on or before the first day of April of each year. (As amended by chapter 149 of the Laws of 1909.) § 111. Apportionment of state patients. Whenever applications are made at one time for admission of more state patients than can be properly accommodated in the colony, the managers shall so apportion the number received, that each county may be represented in a ratio of its dependent epileptic population to the dependent epileptic population of the state, as shown by statistics furnished by the state board of charities. § 112. Support of private patients. The superin tendent of the colony may agree with any epileptic who may be of age, or his committee or guardian, or with the parents, guardian or committee of any epileptic child, or with any person for the entire or partial support, maintenance, clothing, tuition, training, care and treatment of such epileptic in the colony, on such terms and conditions as may be prescribed in the by-laws or approved by the managers. Every patient, guardian, committee or other person applying for the admission into the colony of an epileptic who is, or whose parents or guardians are of sufficient ability to provide for his support and maintenance therein shall, at the time of his admission, execute a bond to the treasurer of the colony with one or more sureties, to be approved by the superintendent and treasurer, in such sum as the managers shall prescribe, to the effect that the obligors will pay to the treasurer of the colony all sums of money at such time or times as shall be so agreed upon, and remove such epileptic from the colony free of expense to the VOL. 3-5 After any patient has been delivered to the managers or officers of such hospital or institution, the care and custody of the managers of the colony over such insane person shall cease; and after any patient shall, as aforesaid, be so certified to be insane, as prescribed by law, such patient shall come under the supervision of the state commission in lunacy. § 114. Reimbursement for maintenance expenses. The agent appointed as provided in this article shall secure from relatives or friends who are liable therefor, or who may be willing to assume the cost of maintenance of any inmate therein, who is not maintained as a private patient, reimbursement in whole or in part of the money expended by the state for such purpose. Such agent shall perform such other duties as the board of managers may prescribe. If the board of managers believes that any inmate of such colony, not maintained therein as a private patient, has any property, or that any relative who would be liable for his support if he were not an inmate of such institution is of sufficient ability to wholly or partly provide for his maintenance therein, such board of managers may apply to a justice of the supreme court of the judicial district in which such institution is located for an order directing the application of the property of such inmate to his maintenance in such institution, or requiring the relatives so liable for his support to pay to such institution at the time specified in such order a stated amount for such maintenance. At least ten days' notice of the application for such order shall be given to such persons and in such manner as such justice shall direct, and such order shall be granted only after a hearing of parties interested who appear and desire to be heard. The relatives against whom such proceeding is instituted and who are served with the notice of the application for the order shall be deemed to be of sufficient ability, unless the contrary shall affirmatively appear to the satisfaction of such justice. If more than one relative is liable for the support of such inmate and is of sufficient ability to contribute to the expense of his maintenance in such institution, such order shall determine the portion of the expense of his maintenance to be paid by each. If the property of such inmate is not applied as directed in such order, or the relatives liable for the support of such inmate refuse or neglect to comply with such order, the board of managers of such colony may bring an action in the name of such institution to recover the amount due such institution by virtue of such order. (As renumbered by chapter 449 of the Laws of 1910.) (1) The Board of Managers of Craig Colony has no power to employ an architect in the erection of public buildings. (2) The managers of the Craig Colony may apply to the court for the appointment of a custodian for funds inherited by a patient under their charge. STATE OF NEW YORK, ATTORNEY-GENERAL'S OFFICE, ROBERT W. HEBBERD, Secretary State Board of Charities, Albany, N. Y.: DEAR SIR.- I have your letter asking for my opinion upon the following questions: 1st. Has the Board of Managers of the Craig Colony a legal right to employ and pay an architect, acceptable to the Capitol Commissioner (or State Architect), to complete the specifications for plumbing the buildings to be erected for the colony, or to do such other work as may seem to be necessary? 2d. Has the Board of Managers the right to apply to the court for the appointment of a custodian for the funds inherited by a patient at the Colony, and has it the further right to require that the interest upon such funds, or such part thereof as may be necessary, be used to defray the cost of such patient's maintenance at the Colony? The closing sentences of section 6, chapter 227, Laws of 1893, (being chapter 14 of the general laws), known as the Public Buildings Law, provide that: "The present commissioner of the new capitol shall be the capitol commissioner until his successor shall be appointed and qualified. In addition to his other duties, the capitol commissioner shall, without additional compensation, prepare the plans and specifications, and act as the architect of all buildings constructed at the expense of the state." It would therefore seem to be the purpose of the statute that the Capitol Commissioner shall provide plans and specifications for all buildings, erected by the State, without imposing upon the State any additional expense therefor; and in my judgment it would be a contravention of this law for the board of managers to engage the services of any other architect, since the passage of the law just referred to, for the purpose of providing plans and specifications for any of the buildings to be erected by them for the State, although such employment is done with the consent and approval of the Capitol Commissioner. The provisions of this statute are mandatory, in my judgment, and impose upon the Capitol Commissioner the duty of preparing the plans and specifications referred to. |