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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,
ALBANY, August 13, 1897. ROBERT W. HEBBEBD, 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 comniissioner 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 addi. tional 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 majagers 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.
As to your second question, I beg to say that section 2323a, of the Code of Civil Procedure, added by chapter 824, Laws of 1895, makes ample provision for the appointment of a committee over the property of an in: competent person, who is an inmate of a State institution. In my opinion the petition for such appointment may properly be made by the managers of the Colony, or by the State Board of Charities, or any officer thereof; and the property of such person coming into the hands of any such committee may be applied to the care and support of any such incompetent person confined in the Craig Colony, during the term of his confinement, as shall be necessary under the rules and regulations established by the managers.
*8 114. Detention and discharge of inmates; procedure. The following procedure for the detention and dis charge of inmates in the colony is hereby provided :
1. The colony shall receive, when it has accommodations there for, such mentally incompetent epileptics as shall be duly committed thereto in accordance with the provisions of law and the rules and regulations of said colony, and it shall be the duty of said colony, and for that purpose 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 colony, or by an order of the supreme court of the state of New York, obtained as herein after 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, and 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.
3. Such petition may be presented at any legally constituted meeting of the board of managers of said colony, and shall be acted upon by the board at such meeting, or as soon thereafter as
Incorrectly numbered by chapter 588, Laws 1911.
practicable, and the prayer of the petition shall be either granted or refused by the said board of managers.
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 em body 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 subdivision four, the petitioner may cause a notice in writing to be served upon the superintendent of the said colony and the attorney-general, to the effect that the said action of the board of managers shall be reviewed by the supreme court at a special term thereof to be held in the judicial district in which the said colony is located, not less than eight days after such notice is served, and the notice served 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 bearing.
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 board of managers of said colony 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 Livingston, and a certified copy thereof furnished to the superintendent of the said colony and shall be recorded in the records of the said colony, and the said inmate shall be discharged or detained according to the terms of said order.
9. The superintendent may grant to a committed patient a parole not exceeding forty-five days, at the expiration of which period said patient must be again placed in the colony unless discharged under conditions outlined in foregoing sections.
10. Pursuant to rules and regulations established by the state board of charities, the superintendent in charge of the colony may receive and treat at the colony as a patient any person suitable for care and treatment and who voluntarily makes written application therefor and whose mental condition is such as to render him competent to make such application. A person thus received shall not be detained under such voluntary agreement after having given due notice in writing of his intention or desire to leave said colony.
11. Authority shall be given the colony to secure the commitment of such of its inmates who, after being admitted in any other manner than by a commitment, prove after examination to be mentally incompetent, after an opportunity has been given the relatives or legal guardian of such patient to be heard, a commitment shall be made in the case of such individual the same as in the case of a person regularly committed at the time of adınis. sion to the colony.
(Added by chapter 588, Laws of 1911).
Chapter 588 of the Laws of 1911, relating to the commitment, detention and discharge of mentally incompetent epileptics at Craig Colony, makes no provision for a judicial examination of the cases to be committed, upon notice to the person charged with being incompetent and opportunity to be heard, and is therefore inoperative.
Facts. The Craig Colony for Epileptics is maintained by the State of New York pursuant to article 7 of the State Charities Law. Prior to the enactment of chapter 588 of the Laws of 1911, the sole provision for the designation and admission of patients to Craig Colony was contained in section 109 of said law. This section provides that there shall be received and gratuitously supported in the colony, epilepties who are unable to provide for themselves; or if under age, whose parents or guardians are unable to provide for their support therein, which patients are designated as State patients. The section also provides that State patients may be received into the colony upon the official application of the county superintendent of the poor, or of the poor authorities of any city. Such private patients as can be conveniently accommodated may also be received into the colony.
Section 113 gives the superintendent of the colony, with the approval of the managers, power to discharge patients. Prior to 1911 there was no provision in the law permitting the compulsory detention of patients received at the colony in any of the methods mentioned in section 109.
By chapter 588 of the Laws of 1911, the State Charities Law was amended by adding section 114 relating to the detention and discharge of inmates and the procedure therefor. Subdivision 1 of this section provides :
“ The colony shall receive, when it has accommodations therefor, such mentally incompetent epileptics as shall be duly committed thereto in accordance with the provisions of law and the rules and regulations of said colony, and it shall be the duty of said colony, and for that purpose 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 colony, or by an order of the supreme court of the state of New York, obtained
as hereinafter provided.” Following subdivision 1, the law makes provision for application to the board of managers for the discharge of any inmate and provides that if the board of managers refuse such application, the action of the board may be reviewed in the Supreme Court. Subdivision 9 of the section gives the superintendent power to grant paroles. Subdivision 10 provides that the superintendent, pursuant to the rules and regulations established by the State Board of Charities, may receive at the colony as a patient any person suitable for care and treatment who voluntarily makes application therefor, but that such person shall not be detained after giving notice in writing of his intention or desire to leave. Subdivision 11 is as follows:
"Authority shall be given the colony to secure the commitment of such of its inmates who, after being admitted in any other manner than by a commitment, prove after examination to be mentally incompetent, after an opportunity has been given the relatives or legal guardian of such patient to be heard, a commitment shall be made in the case of such individual the same as in the case of a person regularly committed at the time of admission to the colony."
INQUIRY. What steps should be taken to bring about the commitment of patients now residing in the institution, who were admitted previous to the enactment of chapter 588 of the Laws of 1911 and who are now mentally in. competent?
OPINION. The scope and purpose of chapter 588 of the Laws of 1911, when read in connection with the other provisions of the State Charities Law, is far from clear. The law appears to have been hastily drafted with the chief purpose of giving the institution custodial powers over certain inmates. It adds section 114 of the State Charities Law whereas that law already had a section 114 relating to another subject. Subdivision 11 purports to give the institution power to commit certain patients now at the institution so that