Page images

of the officer who made the appointment or commitment, and the date and length of the same, and the time to which the account has been paid, and the amount claimed to such first day of October, the sum per week or per annum charged, and if no part of such account has been paid, the report shall show such fact. Any officer who shall refuse or neglect to make such report shall not be entitled to receive any compensation or pay for any services, salary or otherwise, from any town, city or county affected thereby. The clerk of the board of supervisors who shall receive any such report or account shall file and present the same to the board of supervisors of his county on the second day of the annual meeting of the board next after the receipt of the same.

§ 453. Dutchess county. All insane, idiotic, blind and deaf and dumb persons, the expense of whose support and maintenance now is, or, under the laws of the state of New York, may become a charge upon the city of Poughkeepsie, or the county of Dutchess, exclusive of said city, or both, and who are maintained, or shall be maintained, in any of the institutions of the state of New York, shall be supported by said county of Dutchess as one district. All institutions in the state of New York main. taining any such person whose support is properly chargeable, or shall be properly chargeable, to said city or county, are hereby required to render to the county treasurer of said county all bills for the support of such persons without any distinction between those persons from the different parts of said county.

$ 454. Construction of last section. The last section shall not be held to affect chapter two hundred and eighty-six of the laws of eighteen hundred and sixty-three, an act for the better support of the poor in the city of Poughkeepsie, except as to the class of persons herein named.

§ 455. Female attendants for feeble-minded women in transit to or from institutions. In every order, com mitment or direction made by any court, judge or other officer for the confinement of a feeble-minded woman in any public institution or other place, not located at the same place where such feebleminded person may be at the time such order, commitment or direction is made, such court, judge or other officer shall also direct therein that such feeble-minded woman shall have as an attendant at least one suitable adult woman, while in custody pursuant to such order, commitment or direction, and while going to such public institution or other place; and no officer or other person shall keep in his custody, or take to any public institution or other place for the custody or confinement of a feeble-minded person, any feeble-minded woman unless accompanied by such an attendant. Whenever any feeble-minded woman confined in any institution of this state, under and pursuant to a commitment or order of any court, judge or other officer, is to be transferred from one institution to another institution, or from any public institution to a point outside of the city, village or town where said public institution is located, the board of managers of the institution where said feeble-minded woman is confined shall cause said feeble-minded woman, when so removed and transported, to be accompanied by one or more females in addition to the officer having her in charge. The expenses of procuring female assistants required for carrying out the provisions of this section shall be a charge upon the city or county from which said feeble-minded woman was committed.

8 456. Investigation of complaints by boards of managers. Whenever the managers, directors or trustees of any asylum, hospital or other charitable institution, the managers, directors or trustees of which are appointed by the governor and senate, or by the legislature, shall deem it necessary or proper to investigate and ascertain the truth of any charge or complaint inade or circulated respecting the conduct of the superintendent, assistants, subordinate officers or servants, in whatever capacity or duty employed by or under the official control of any such managers, directors or trustees, it shall be lawful for the presiding officer for the time being of any such managers, directors or trustees, to administer oaths to all witnesses coming before them respectively for examination, and to issue compulsory process for the attendance of any witness within the state whom they may respectively desire to examine, and for the production of all papers that any such witness may possess, or have in his power, touching the matter of such complaint or investigation; and wilful false swearing by any witness who may be so examined is hereby de clared to be perjury.

§ 457. Fees of witnesses. All persons examined as witnesses under the preceding section shall be paid the same fees as are now paid to witnesses in the supreme court by the said managers, directors or trustees, authorizing the issuing of such com pulsory process.

§ 458. Designation of depository of funds. It shall be the duty of the board of trustees or managers of each charitable or benevolent institution in this state, supported in whole or in part by moneys received from the state, or by any county, city or town thereof, to designate by resolution, to be entered upon their minutes, some duly incorporated national or state bank or trust company as the depository of the funds of such institution. After such designation, it shall be the duty of the treasurer of each such charitable or benevolent institution immediately to deposit in the bank or trust company so designated, in his name as treasurer of the institution, naming it, all funds of the institution which may come into his possession.

8 459. Labor of children not to be hired out. It shall be unlawful for the trustees or managers of any house of refuge, reformatory or other correctional institution, to contract, hire, or let by the day, week or month, or any longer period, the services or labor of any child or children under, now or hereafter committed to or inmates of such institutions.

8 460. Commitments to institutions. Whenever the board of managers or superintendent of any public charitable or custodial asylum or institution for the feeble-minded, idiots or epileptics, shall decide that it is for the best interests of the individual as well as of the state that any inmate of such institution should be longer retained therein, such official or board may apply to the judge of a court of record in the district in which the institution is located for the commitment of such individual to such institution. Such application having been made it shall be the duty of the judge of such court to name a day for a hearing on such application, and if after due notice to the parents or guardians, and full opportunity has been given for the presentation of evidence by all parties in interest, the judge shall concur in the opinion, he may commit such individual to the care and custody of such institution, and such person shall be detained therein until discharged by direction of the board of managers thereof, using such form of commitment as may be approved for the use of the various institutions by the state board of charities. Where it becomes necessary to have appointed a committee of a feebleminded or epileptic incompetent person to legally settle an estate in which such incompetent feeble-minded or epileptic person has a legal or financial interest or for any other purpose the superintendent of the asylum or institution in which such incompetent person is confined or cared for is hereby empowered to make application to a court of competent jurisdiction for the appointment of such committee. (Added by chapter 405 of the Laws of 1914.)

$ 461. Commitments of feeble-minded. It shall be the duty of a judge of a court of record, on application of a parent, guardian, friend or relative, or of any poor law official, or of any probation or parole officer, or of any superintendent or principal of schools, to set a date for a hearing for the determination of the mental status of any alleged feeble-minded person.

Due notice shall be given to parties at interest as to the hearing, the date thereof, and full opportunity shall be given for a presentation of evidence concerning the mental status of the alleged feebleminded person. When it shall appear to the satisfaction of the court that the individual named in the application is feebleminded and that it is for the best interests of the individual and of the community that he be committed to a public institution for the feeble-minded, the judge may commit such feeble-minded person to such institution, using such form of commitment as shall be prescribed by the state board of charities, and such person shall be detained therein until duly discharged by direction of the board of managers thereof.

Every application for commitment shall be accompanied by the certificate of two medical practitioners, certifying that the person to whom the application relates has been examined by each of them as to his mental capacity and that in their opinion the person is feeble-minded.

(Added by chapter 361 of the Laws of 1914.)

ARTICLE 23 Laws Repealed; When to Take Efect • Section 470. Laws repealed.

471. When to take effect.

§ 470. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed.

[blocks in formation]
« PreviousContinue »