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vestigation into the practicability and appropriate method of pro viding by statute for pensions or other relief for widowed mothers, including such an investigation of the circumstances affecting such persons as may show the necessity or propriety of providing for such pensions or relief, and for the purposes of such investigation the commission may inquire into conditions and statutes in any state or country. Such commission shall submit its report on such matters, including such recommendations for legislation in the form of a bill or bills, or otherwise, as in its judgment may seem proper, to the legislature of nineteen hundred and fourteen.
§ 2. Such commission shall consist of three senators to be appointed by the temporary president of the senate, five members of the assembly to be appointed by the speaker of the assembly, and seven other persons, not members of the legislature, to be appointed by the governor. Such commission shall elect from its number a chairman and may appoint a secretary.
8 3. The members of such commission shall serve without compensation, but each member shall be entitled to his actual necessary expenses incurred in the performance of his duties under the provisions of this act.
8 4. For the purposes of its investigation such commission is hereby authorized to send for persons and papers, to administer oaths and to examine witnesses and papers respecting all matters pertaining to the subjects referred to in the first section of this act and to employ all necessary clerical and other assistants, within the appropriation therefor. If such commission shall appoint from its members sub-committees to make inquiry into one or more of such subjects, such sub-committees shall have the same powers in respect to sending for persons and papers, administering oaths and examining witnesses and papers, as are herein conferred upon the commission.
§ 5. The sum of fifteen thousand dollars ($15,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the expenses of such commission and its members under the provisions of this act, to be paid by the state treasurer upon the warrant of the comptroller upon vouchers approved by the chairman of such commission.
Committees for Incompetent Persons.
AN ACT to amend the code of civil procedure, in relation to
applications for the appointment of a committee of the person and estate of an incompetent person in a state institution.
Chapter 98, Laws of 1912, § 1. Section twenty-three hundred and twenty-three-a of the code of civil procedure is hereby amended to read as follows:
§ 2323-a. Application when incompetent person is in a state institution; petition, by whom made; contents and proceedings upon presentation thereof. Where an incompetent person has been committed to a state institution in any manner provided by law, and is an inmate thereof, the petition may be presented on behalf of the state by a state officer having special jurisdiction over the institution where the incompetent person is confined or the superintendent or acting superintendent of said institution; the petition must be in writing and verified by the affidavit of the petitioner or his attorney, to the effect that the matters therein stated are true to the best of his information or belief; it must show that the person for whose person or property, or both, a committee is asked has been legally committed to a state institution over which the petitioner has special jurisdiction, or of which he is superintendent or acting superintendent, and is at the time an inmate thereof; it must also state the institution in which he is an inmate, the date of his admission, his last known place of residence, the name and residence of the husband or wife, if any, of such person, if known to the petitioner, and if there be none known to the petitioner, the name and residence of the next of kin of such person living in this state so far as known to the petitioner; the nature, extent and income of his property, so far as the same is known to the petitioner, or can with reasonable diligence be ascertained by him. The petition may be presented to the supreme court at any special term thereof, held either in the judicial district in which such incompetent person last resided, or in the district in which the state institution in which he is committed is situated, or to a justice of the supreme court at chambers within such judicial district, or to the county court of the county in which the incompetent
person resided at the time of such commitment, or of the county in which said institution is situated. Notice of the presentation of such petition shall be personally given to such person, and also to the husband or wife, if known to the petitioner, or if none is known to the petitioner, to the next of kin named in the petition, and to the officer in charge of the institution in which such person is an inmate unless sufficient reasons for dispensing therewith are set forth in the petition or shown by affidavit. When notice is required, it may be given in any manner which the court deems proper. Upon the presentation of such petition, and proof of the service of such notice, the court or justice may, if satisfied of the truth of the facts required to be stated in such petition, immediately appoint a committee of the person or property, or both, of such incompetent person or may require any further proof which it or he may deem necessary before making such appointment.
Where upon the accounting of the committee of an incompetent, a balance remains after the payment of expenses and disbursements, the claim of the State for maintenance of the incompetent at a State hospital is preferred over claims of general creditors, existing at the time of the appointment of the committee, although at the time the incompetent was admitted to the State hospital she was insolvent and indigent. Fourth Department, April, 1913. Matter of Wesley, 156 App. Div. 403.
Letchworth Village, AN ACT to provide for the management of the Eastern New
York State Custodial Asylum, to be known hereafter as the “ Letchworth Village,” and for the admission and control of inmates therein.
Chapter 446, Laws of 1909. § 1. The Eastern New York State Custodial Asylum, established by chapter three hundred and thirty-one of the laws of nineteen hundred and seven, as amended by chapter two hundred and ninety-two of the laws of nineteen hundred and eight, is hereby continued by the name and title of “ Letchworth Village,” in honor of William Pryor Letchworth of Portage, New York, whose efficient public service in behalf of the feeble-minded, epileptic and other dependent unfortunates the state desires to commemorate.
§ 2. Appointment and terms of managers. The Letchworth Village shall be under the control of a board of seven managers, to be appointed by the governor by and with the advice and consent of the senate. All such members shall be residents of this state. The terms of the managers appointed after the first seven shall be seven years, except that managers appointed to fill vacancies shall hold office for the unexpired terms of the managers whom they succeed. The term of office of one such manager shall expire on the first Tuesday in February in each year, and in the appointment of the first members of the board the governor shall designate one to serve one year, one to serve two years, one to serve three years, one to serve four years, one to serve five years, one to serve six years, and one to serve seven years. The governor may remove any manager at any time for cause, on giving to such manager an opportunity to be heard. Such managers shall receive no compensation for their time or services, but the actual expenses necessarily incurred by them in the performance of their duties shall be paid in the same manner as the other expenses of the village.
§ 3. General powers and duties of the managers. The board of managers shall:
1. Have the general superintendence, management and control of the institution over which it is appointed, of the grounds and buildings, officers and employees thereof, of the inmates therein, and of all matters relating to the government and discipline, and shall make such rules and regulations as may seem to it necessary for carrying out the purposes of such institution.
2. Maintain an effective inspection of the affairs and management of the village, for which purpose the board shall meet once in every month at the institution, and at such other times as may be prescribed in the by-laws, but the annual meeting of the board shall be held on the second Wednesday of October.
3. Keep in a book provided for that purpose a full and fair record of its doings which shall be open at all times for the inspection of the members and officers of the state board of charities, the fiscal supervisor of state charities or any person or persons appointed by the governor or either branch of the legislature to examine the same, and shall forward monthly minutes of the meetings of the board and reports of its inspections, to the governor, the state board of charities and the fiscal supervisor, such reports to be signed by the managers present at the meetings.
4. Appoint from among its members a president, secretary and treasurer. The board shall also appoint a superintendent who shall hold office during the pleasure of the board, residing at the institution, and shall, subject to the provisions of the state finance law and the appropriations made annually by the legislature, fix the compensation of the officers and employees of the institution.
§ 4. Annual report. The board of managers shall make to the legislature in January of each year a detailed report with suitable suggestions and such other matter as may be required of them for the year ending on the thirtieth day of September preceding the date of such report.
85. Temporary care of grounds and buildings. Until the appointment of the managers in accordance with the provisions of this act, the commission appointed by the governor to select a site for the Eastern New York State Custodial Asylum under the provisions of chapter three hundred and thirty-one of the laws of nineteen hundred and seven, as amended by chapter two hundred and ninety-two of the laws of nineteen hundred and eight, shall be continued as a commission to care for and improve the lands, buildings and other properties of the Letchworth Village, and shall exercise to this extent all the powers of the board of managers for the purpose of preserving, protecting and developing the property and making the necessary arrangements for the opening of the institution at the earliest possible date.
$ 6. Transfer of functions. Upon the appointment and organization of the board of managers provided for by section two of this act, the powers vested in the commission appointed to select the site in accordance with the provisions of said chapter three hundred and thirty-one of the laws of nineteen hundred and seven, as amended by chapter two hundred and ninety-two of the laws of nineteen hundred and eight, shall cease and determine, and the further work contemplated in such chapters three hundred and thirty-one of the laws of nineteen hundred and seven and two hundred and ninety-two of the laws of nineteen