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New York state commission in lunacy, which board shall have general jurisdiction over and authority to pass upon all questions that may arise under the provisions of this article. (Amended by chapter 283 of the Laws of 1912.)

§ 120. Medical examiners. The retirement board may appoint one or more boards of medical examiners herein before mentioned, each of which boards shall be composed of not less than three physicians connected with the New York state hospital service, to conduct examinations.

§ 121. Application blanks. All applications for retirement shall be made to the retirement board upon blanks to be provided for that purpose and shall be acted upon by said board within ninety days from the receipt thereof in order of such receipt.

§ 122. Expenses of administration. The expense of such accounting and clerical work as shall be necessary in computing the payments to be made under the annuity system created by this article, in so far as such accounting and clerical work is not performed at the respective hospitals involved, shall be paid for out of the retirement fund established by this article.

Any employee who is exempt from the provision of this act shall be reinstated to the provisions of this act by notifying the retirement board in writing of his or her desire to be so reinstated. Any person who does not notify the retirement board in writing within thirty days after this act goes into effect shall be deemed to have signified his or her intention to take advantage of the provisions of this act.

ARTICLE VI.*

Matteawan State Hospital for Insane

Criminals.

Section 130. Establishment and purposes of the Matteawan state hospital.

131. Superintendent of state prisons to make rules and

regulations.

Renumbered by chapter 59, Laws of 1912; §§ 110-125 renumbered §§ 130-145.

Section 132. Medical superintendent.

133. Medical superintendent as treasurer of the hospital. 134. Salaries of resident officers.

135. Powers and duties of medical superintendent and

assistants.

136. Monthly estimates.

137. Power of removal.

138. Transfer of insane convicts to the Matteawan state

hospital.

139. Disposal of insane convicts after expiration of term of imprisonment.

140. Convicts on recovery to be transferred to prison. 141. Certificate of conviction to be delivered to medical

superintendent and copy filed.

142. Transfers from state hospitals to Matteawan state
hospital.

143. Authority to recover for the support of patients.
144. Tenure of office.

145. Communications with patients.

§ 130. Establishment and purposes of the Matteawan state hospital. The grounds, buildings and property located at Matteawan, in the county of Dutchess, and used for the purpose of the hospital for insane criminals, shall continue to be known as the Matteawan State Hospital, to be used for the purpose of holding in custody and caring for such insane persons held under any other than a civil process as may be committed to the said institution by courts of criminal jurisdiction, or transferred thereto by the state hospital commission, and for such convicted persons as may be declared insane while undergoing sentence of one year or less or for a misdemeanor at any of the various penal institutions of the state, and for all female convicts becoming insane while undergoing sentence. When a person is committed to the Matteawan State Hospital under the provisions of article eight, chapter five, section six hundred and fifty-nine; or title four, chapter two, section eight hundred and thirty-six of the code of criminal procedure a copy of the minutes of the proceedings instituted to determine his mental condition shall be furnished to said hospital. (As amended by chapter 121 of the Laws of 1912.) VOL. 3-23

§ 131. Superintendent of state prisons to make rules and regulations. The superintendent of state prisons, subject to the approval of the state commission in lunacy, shall make by-laws and regulations for the government of the hospital and the management of its affairs.

§ 132. Medical superintendent. The superintendent of state prisons shall, whenever there is a vacancy, appoint a medical superintendent for the Matteawan state hospital, who shall be a well-educated physician of at least five years' actual experience in a hospital for the care and treatment of the insane.

§ 133. Medical superintendent as treasurer of the hospital. The medical superintendent shall be the treasurer of the hospital, and before entering upon his duties, shall file with the comptroller of the state his undertaking to the people with sureties to be approved by the superintendent of state prisons, to the effect that he will faithfully perform his trust as such treasurer. He shall have the custody of the moneys, securities and obligations belonging to the hospital, and shall open with some bank, in the vicinity of the hospital, to be selected with the approval of the comptroller, an account in his name as such medical superintendent, and immediately deposit in such bank all moneys received by him as such medical superintendent and treasurer, and shall draw therefrom only for the use of the hospital and in the manner provided by the by-laws and upon the order of the steward, specifying the object of each payment. He shall keep a full and accurate account of the receipts and payments, as directed by the by-laws, and of such other matters as the superintendent of state prisons and the state commission in lunacy may prescribe, and balance all his accounts, annually, on the thirtieth day of September, and within ten days thereafter deliver to the superintendent of state prisons a statement thereof and an abstract of such receipts and payments for the past year. His books and vouchers shall at all times be open to the inspection of the superintendent of state prisons and the commission, and they may at any time require of him a statement of his accounts and of the funds and property in his custody.

§ 134. Salaries of resident officers. The superintendent of state prisons shall, from time to time, determine the annual salaries and allowances of the resident officers, and the same shall be paid in accordance with chapter three hundred and seventeen of the laws of nineteen hundred and ten, twice each month on the first and sixteenth days thereof by the treasurer of the state, on the warrant of the comptroller, out of any moneys in the treasury not otherwise appropriated, to the medical superintendent, on his presenting a bill of particulars thereof signed by the steward, and properly certified by such medical superintendent. (As amended by chapter 121 of the Laws of 1912.)

§ 135. Powers and duties of medical superintendent and assistants. The medical superintendent shall be the chief executive officer of the hospital and shall:

1. Have the general superintendence of the building and grounds, together with their furniture, fixtures and stock, and the direction and control of all persons therein, subject to the rules and regulations adopted by the superintendent of state prisons, with power to assign their respective duties.

2. Appoint such number of assistant physicians, as the necessities of the institution may require, subject to the approval of the superintendent of state prisons, also a steward and matron, all of whom and the medical superintendent, shall reside in the hospital, and shall be known as the resident officers thereof.

3. Appoint such and so many attendants and other subordinate employees as he may think proper and necessary for the economical and efficient administration of the affairs of the hospital, and prescribe their several duties and places, and fix, with the approval of the superintendent of state prisons, their compensation, and discharge any of them at his sole discretion; but in every case of discharge, so occurring, he shall, forthwith, enter the same with the reasons therefor, under an appropriate heading, in one of the record books of the hospital.

4. Give, from time to time, such orders and instructions as he may deem best calculated to insure good conduct, fidelity and economy in every department of labor and expense.

5. Maintain salutary discipline among all who are employed

by the institution, and enforce strict compliance with all instructions and orders given by him, and uniform obedience to all the rules and regulations of the hospital.

6. Cause full and fair accounts and records of all his doings, and of the entire business and operations of the institution to be kept regularly, from day to day, in books provided for that purpose, in the manner and to the extent prescribed in the by-laws.

7. See that all accounts and records are fully made up to the last day of September in each year, and present the principal facts and results, with his report thereon, to the superintendent of state prisons, within forty days thereafter. The resident officers, before entering upon their duties as such, shall severally take and file in the office of the secretary of state, the constitutional oath of office. The first assistant physician shall perform the duties and be subject to the responsibilities of the superintendent in his sickness or absence. The steward may personally purchase any supplies for the use of such hospital, but only in the name of the medical superintendent, and in each instance by his direction and not otherwise. (As amended by chapter 121 of the Laws of 1912.)

§ 136. Monthly estimates. The medical superintendent shall cause an estimate to be made monthly, in accordance with forms to be approved by the state comptroller, of all moneys necessary for the support and maintenance of the hospital, which may be required to supplement the deficiencies in the earnings thereof. Such estimate shall be submitted to and examined by the superintendent of state prisons, who, if he is satisfied that it is correct, and that the articles named therein are actually needed for the support and maintenance of the hospital, shall certify to the same, and on production of such estimate so certified, to the comptroller, he shall draw his warrant on the state treasurer for the amount thereof, and the state treasurer shall pay such amount to the medical superintendent of the hospital, out of any money in the treasury appropriated for the support of such hospital.

§ 137. Power of removal. The superintendent of state prisons may remove the medical superintendent, for cause shown, after having given an opportunity to such superintendent to be

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