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ARTICLE 17.

Pasteur Institute and the Prevention of Hydro

phobia.

Section 340. Persons to be sent to Pasteur institute, and by what

officers.

341. Transportation, sustenance and treatment.

342. Charges for services of Pasteur institute.

343. Inspection of the institute.

§ 340. Persons to be sent to Pasteur institute, and by what officers. Overseers of the poor or other officers having charge of the dispensation of public charity in the several counties of this state may hereafter send to the Pasteur institute in the city of New York all persons duly certified by regular physicians to have been bitten by rabid animals or otherwise put in danger of infection with rabies.

§ 341. Transportation, sustenance and treatment. The transportation of such persons, with necessary attendant or attendants, to and from the city of New York, shall be a charge upon the counties in which they reside. The sustenance, nursing and preventive treatment of such persons, for the time adjudged necessary, shall be provided by the Pasteur institute of the city of New York.

§ 342. Charges for services of Pasteur institute. The charges for the services of the Pasteur institute of the city of New York for such poor persons shall be paid as is provided for by section forty-two of the poor law, at a rate not exceeding one hundred dollars a patient.

§ 343. Inspection of the institute. The Pasteur institute of the city of New York shall be at all times open to the inspection of the governor and of the state department of health or of the accredited representative of either, and shall annually, on before the fifteenth of January of each year, make its report to the legislature.

or

ARTICLE 19.

Added by Chapter 445 of the Laws of 1912.

Operations for the Prevention of Procreation. Section 350. Board of examiners; compensation and expenses. 351. General powers and duties of the board; persons to be operated upon.

352. Appointment of counsel to persons to be operated

upon.

353. Unauthorized and illegal operations.

§ 350. Board of examiners; compensation and expenses. Immediately after the passage of this act, the governor shall appoint one surgeon, one neurologist and one practitioner of medicine, each with at least ten years' experience in the actual practice of his profession, for a term of five years, to be known as the board of examiners of feeble-minded, criminals and other defectives, which board is hereby created. The compensation of the members of such board shall be ten dollars per diem for each day actually engaged in the performance of the duties of the board, and their actual and necessary traveling expenses. Any vacancies occurring in said board shall be filled by appointment of the governor for the unexpired term.

§ 351. General powers and duties of the board; persons to be operated upon. It shall be the duty of the said board to examine into the mental and physical condition and the record and family history of the feeble-minded, epileptic, criminal and other defective inmates confined in the several state hospitals for the insane, state prisons, reformatories and charitable and penal institutions in the state, and if in the judgment of the majority of said board procreation by any such person would produce children with an inherited tendency to crime, insanity, feeblemindedness, idiocy or imbecility and there is no probability that the condition of any such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physical or mental condition of any such person will be

substantially improved thereby, then said board shall appoint one of its members to perform such operation for the prevention of procreation as shall be decided by said board to be most effective.

The criminals who shall come within the operation of this law shall be those who have been convicted of the crime of rape or of such succession of offenses against the criminal law as in the opinion of the board shall be deemed to be sufficient evidence of confirmed criminal tendencies.

the

§ 352. Appointment of counsel to person to be operated upon. The board of examiners shall apply to any judge of the supreme court or county judge of the county in which said person is confined, for the appointment of counsel to represent person to be examined. Said counsel to act at a hearing before the judge and in any subsequent proceedings and no order made by said board shall become effective until five days after it shall have been filed with the clerk of the court and a copy shall have been served upon the counsel appointed to represent the person examined and proof of service of said copy of the order to be filed with the clerk of the court. All orders made under the provisions of this act shall be subject to review by the supreme court or any justice thereof, and said court may upon appeal from any order grant a stay which shall be effective until such appeal shall have been decided. The judge of the court appointing any counsel under this act may fix the compensation to be paid him. No surgeon performing an operation under the provisions of this act shall be held to account therefor. The record taken upon the examination of every such inmate signed by the said board of examiners shall be preserved by the institution where said inmate is confined and one year after the performance of the operation the superintendent or other administrative officer of the institution wherein. such inmate is confined shall report to the board of examiners the condition of the inmate and the effect of such operation upon such inmate, and a copy of the report shall be filed with the record of the examination.

§ 353. Unauthorized and illegal operations. Except as authorized by this act, every person who shall perform, encourage, assist in or otherwise permit the performance of the

operation for the purpose of destroying the power to procreate the human species or any person who shall knowingly permit such operation to be performed upon such person unless the same shall be a medical necessity, shall be guilty of a misdemeanor.

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§ 386. Registration of persons in institutions. All superintendents or managers or other persons in charge of hospitals, almshouses, lying-in or other institutions, public or private, to which persons resort for treatment of diseases or confinement, or to which persons are committed by process of law, shall make a record of all the personal and statistical particulars relative to the inmates in their institutions when this act takes effect; which are required in the forms of the certificate provided for by this article as directed by the state commissioner of health; and thereafter such record shall be by them made for all future inmates at the time of their admittance. In the case of persons admitted or committed for treatment of disease, the physician in charge shall specify for entry in the record, the nature of the disease, and where, in his opinion, it was contracted. The personal particulars and information required by this section shall be obtained from the individual himself if it is practicable to do so; and when they cannot be so obtained, they shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts. (As added by chapter 619 of Laws of 1913.)

GENERAL MUNICIPAL LAW.

AN ACT relating to municipal corporations, constituting chapter twenty-four of the Consolidated Laws.

ARTICLE 5.

Powers, Limitations and Liabilities.

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§ 87. Support and maintenance of charitable and other institutions. Boards of estimate and apportionment, common councils, boards of aldermen, boards of supervisors, town boards, boards of trustees of villages and all other boards or officers of counties, cities, towns and villages, authorized to appropriate and to raise money by taxation and to make payments therefrom, are hereby authorized in their discretion, to appropriate and to raise money by taxation and to make payments from said moneys, and from any moneys received from any other source and properly applicable thereto, to charitable, eleemosynary, correctional and reformatory institutions wholly or partly under private control, from the care, support and maintenance of their inmates, of the moneys which are or may be appropriated therefor; such payments to be made only for such inmates as are received and retained therein pursuant to rules established by the state board of charities; except that boards of trustees of villages and town boards of towns in which there is no hospital located, and which are situated upon and adjoin the boundary line of a neighboring state, are hereby authorized, in their discretion, to appropriate and to raise money by taxation and to make payments from said moneys, and from any moneys received from any other source and properly applicable thereto, to hospitals in such adjoining state for the purpose of maintaining a bed or beds in such hospital for the benefit of and to be used exclusively by the inhabitants of such village or town. Boards of trustees of villages and town boards of towns situate upon the boundary line of a neighboring state, which have appropriated and raised money by taxation for the purpose of maintaining a bed or beds in a hospital in such adjoining state and

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