treatment and occupation of inebriates, the mayor of such city shall appoint in the manner hereinafter provided a board of inebriety which shall perform such duties as are hereinafter specified, and which shall have charge of the management of the hospital and industrial colony. This board shall consist of seven members, five of whom, hereinafter known as the appointive members, shall be appointed by the mayor, and two of whom shall be physicians. In addition to the five appointive members, the mayor shall designate from time to time as a member of said board a magistrate of the court having jurisdiction in the first instance over arrests for public intoxication, and the overseer of the poor of the city, or such official as may be charged with the duties ordinarily performed by an overseer of the poor, shall be ex-officio a member of the board. The term of office of the appointive members of said board shall be five years, and the term of one such member shall expire annually. The first appointments, however, shall be made for the respective terms of five, four, three, two and one years. Appointments of successors shall be for the full term of five years, except that the appointment of a person to fill a vacancy occurring by death, resignation or cause other than the expiration of a term shall be made for the unexpired term. Failure of any appointive member to attend three consecutive meetings of the board shall cause a vacancy in his office, unless said absence is excused by formal action of the board of inebriety. The members shall rereceive no compensation for their services, but shall be allowed their actual and necessary traveling and other expenses, to be audited by the governing board, and paid in the same manner as the other expenses of the hospital and industrial colony. Any appointive member may be removed from office at any time by the appointing authority after having received notice in writing of the cause of the proposed removal and after an opportunity to be heard thercon. The chief fiscal officer of the city by which the hospital and industrial colony is maintained shall be treasurer of the hospital and industrial colony. (Added by chapter 700 of the Laws of 1911.)

§ 138. General powers and duties of the board of inebriety. The board of inebriety shall:

1. Elect from among its members annually a president, a vicepresident and a secretary except as is otherwise provided in this subdivision. It shall appoint a superintendent of the hospital and industrial colony who shall be the chief executive officer of the board of inebriety. When so designated by the board, the superintendent shall act as secretary, shall devote such time to his duties as superintendent of the hospital and industrial colony as the board may direct and shall hold office at the pleasure of said board.

2. Maintain an office which shall always be open, Sundays and holidays included, and shall provide at such office for a system of records of all persons arrested for public intoxication. It shall appoint such clerks, other office employees and probation officers as may be required to perform the duties imposed upon the board of inebriety by law, and as may be authorized by the governing board; provided that in any city probation officers already appointed may, on request of the board of inebriety of such city, be detailed by the magistrate or magistrates appointing such officers to act as probation officers under the direction of the board of inebriety.

3. Erect all necessary buildings, make all necessary improvements and repairs and alter any existing buildings, for the use of said hospital and industrial colony, provided that all expenditures for new buildings or alterations, other than ordinary repairs, shall first be authorized by the governing board of the city and the plans therefor approved by the state board of charities.

4. Fix the salary of the superintendent and the number and salaries of all other employees, within the limits of the appropriation made therefor by the governing board, and such salaries shall be compensation in full for all services rendered.

5. Admit to the hospital and industrial colony all persons committed by any court or magistrate in the city and may admit such persons from without the city as hereinafter authorized; provide for the medical care, treatment and occupation of all persons so admitted, appoint and may at pleasure remove necessary physicians, and establish rules and regulations governing such medical service. It may discharge any patient at its discretion subject

to the provisions of section twelve hundred and twenty-one of the penal law.

6. Have the general superintendence, management and control of the said hospital and industrial colony, and of the grounds, buildings, officers, employees and inmates thereof; and of all matters relating to the government, discipline, contracts and fiscal concerns thereof; and make such rules and regulations as may seem to them necessary for carrying into effect the purposes of the hospital and industrial colony.

7. Maintain an effective inspection of the hospital and indus trial colony, and keep itself informed of the affairs and management thereof; shall meet at least once in every month, and at such other times as may be prescribed in the by-laws; and shall hold its annual meeting at least three weeks prior to the meeting of the governing board at which appropriations for the ensuing year are to be considered.

8. Keep in a book provided for that purpose a proper record of its proceedings, which shall be open at all times to the inspection of its members, of the members of the governing board and of duly authorized representatives of the state board of charities.

9. Certify all bills and accounts, including salaries and wages, and transmit them to the governing board, who shall provide for their payment in the same manner as other charges against the city.

10. Making to the governing board of the city by which the hospital and industrial colony is maintained, at such times as said board shall direct, a detailed annual report of the operations of the hospital and industrial colony, showing the number of persons received, the methods and results of their treatment, the annual expenditures properly classified and such other matters as may be required of them. Such reports shall include full and detailed estimates of the appropriations required during the ensuing year for all purposes, including maintenance, erection of buildings, repairs, improvements and other necessary purposes.

(Added by chapter 700 of the Laws of 1911.)

§ 139. General powers and duties of superintendent. The superintendent shall be a well-educated physician, a graduate

of an incorporated medical college, with at least five years' experience in the actual practice of his profession; he shall be the chief executive officer of the hospital and industrial colony and, subject · to the by-laws, rules and regulations thereof, and to the general control of the board of inebriety, shall:

1. Equip the hospital and industrial colony with all necessary furniture, appliances, fixtures, implements and other needed facilities for the care, treatment and occupation of inmates, and for the use of officers and employees thereof, and purchase all necessary supplies.

2. Have general supervision and control of the records, accounts, buildings and real and personal property of the hospital and industrial colony and of all its affairs, and maintain discipline therein, and enforce compliance with, and obedience to, all rules, by-laws and regulations adopted by the board of inebriety for the government, discipline and management of said hospital and industrial colony, and the employees and inmates thereof. He shall make and enforce such further rules, regulations and orders as he may deem necessary, not inconsistent with law, or with the rules, regulations and directions of the board of inebriety.

3. Appoint such employees as he may think proper and necessary for the efficient performance of the business of the hospital and industrial colony and prescribe their duties; and may discharge any such employee at his discretion after having given notice in writing of the cause of the proposed removal and opportunity to be heard thereon.

4. Cause proper accounts and records of the business and opera. tions of the hospital and industrial colony to be kept regularly from day to day, in books and on forms provided for that purpose; and see that such accounts and records are correctly made up for the annual report to the governing board, as required by subdivision ten of section one hundred and thirty-eight of this chapter, and present the same to the board of inebriety, who shall incorporate them in their annual report to the said governing board.

5. Receive into the hospital and industrial colony, under the rules established by the board of inebriety, any person in the city committed to said hospital and industrial colony, irrespective of whether such person is able to pay for his care or not; and may

also receive persons from without the city as hereinafter authorized, provided there is a vacancy in the hospital and industrial colony, and provided the reception of such persons does not interfere with the proper care, treatment and occupation of persons received from the city maintaining such hospital and industrial colony.

6. Cause to be kept proper records of the admission of all persons, their name, age, sex, color, marital condition, residence, occupation, place of last employment and the names and addresses of their nearest relatives or friends. He shall also cause a careful examination to be made of the physical condition of all persons admitted to the hospital and industrial colony; and shall cause a record to be kept of the condition of each person when admitted, and from time to time thereafter.

7. Discharge from said hospital and industrial colony any person in accordance with rules and regulations of the board of inebriety, or upon the expiration of the maximum term for which such person was committed to the hospital and industrial colony.

8. Collect and receive all money due the hospital and industrial colony and the board of inebriety, keep an accurate account of the same, report the same at the ensuing monthly meeting of the board of inebriety and transmit the same within ten days after such meeting to the treasurer of the hospital and industrial colony.

9. Give a bond before entering upon the discharge of his duties, in such sum as the board of inebriety may determine, to secure the faithful performance of such duties.

(Added by chapter 700 of the Laws of 1911.)

§ 139-a. General regulations. 1. Whenever, after a board of inebriety shall have been appointed in any city, and shall have certified in writing to the mayor of such city that the hospital and industrial colony of said board is ready to receive inmates, a person shall be arrested for public intoxication, the fact of such arrest, and the name and address of the person arrested, if it can readily be ascertained, shall be reported forthwith by telephone or otherwise to the office of the board of inebriety by the person in charge of the station house to which the arrested person is taken. The