§ 113. Discharge of patients. The superintendent of the colony, with the approval of the managers or of a committee thereof, shall have power to discharge patients, but no epileptic patient shall be returned to any poorhouse, directly through superintendent of the poor, or otherwise. In case a patient, not an epileptic, shall be sent to the colony, through mistaken diagnosis of his disease, or other cause, and there received, such patient shall be returned to and the traveling expenses of such return shall be paid by the person who sent him or her to the colony. Should an epileptic become insane, such patient, if a state patient, shall be sent to the state hospital of the district of which he was a resident just prior to his admission to the colony in the manner prescribed by law. The bills for the reasonable expenses incurred in the transportation of state patients to and from the state hospitals after they have been approved in writing by the state commission in lunacy, shall be paid by the treasurer of the state on the warrant of the comptroller from the funds provided for the support of the state hospitals. In case the relatives, guardians or friends of such an insane patient desire that he become an inmate of any state hospital situated beyond the limits of the district of which he was formerly a resident, and there be sufficient accommodations in such state hospital, he shall be received there in the manner provided by law for the transfer of other insane persons. Private patients, who may become insane, shall be committed, as prescribed by law, subject to the regulations of the state commission in lunacy, to such institution for the insane as may be designated by the relatives, guardians or friends of such insane person, all traveling and other expenses of removal to be paid by them. After any patient has been delivered to the managers or officers of such hospital or institution, the care and custody of the managers of the colony over such insane person shall cease; and after any patient shall as aforesaid, be so certified to be insane as prescribed by law, such patient shall come under the supervision of the state commission in lunacy.

§ 114. Notice of opening of colony. So soon as the colony shall be ready for the reception of patients, it shall be the duty of the board of managers officially to send notice of such fact to the county clerks and the clerks of the boards of supervisors of

the respective counties of the state, and the secretary of the state board of charities; and to furnish such clerks of counties and boards of supervisors with suitable blanks for the commitment of epileptics to such colony.

§ 115. Reimbursement for maintenance expenses.

The agent appointed as provided in this article shall secure from relatives or friends who are liable therefor, or who may be willing to assume the cost of maintenance of any inmate therein, who is not maintained as a private patient, reimbursement in whole or in part of the money expended by the state for such purpose. Such agent shall perform such other duties as the board of managers may prescribe. If the board of managers believes that any inmate of such colony, not maintained therein as a private patient, has any property, or that any relative who would be liable for his support if he were not an inmate of such institution is of sufficient ability to wholly or partly provide for his maintenance therein, such board of managers may apply to a justice of the supreme court of the judicial district in which such institution is located for an order directing the application of the property of such inmate to his maintenance in such institution, or requiring the relatives so liable for his support to pay to such institution at the time specified in such order a stated amount for such maintenance. At least ten days' notice of the application of such order shall be given to such persons and in such manner as such justice shall direct, and such order shall be granted only after a hearing of parties interested who appear and desire to be heard. The relatives against whom such proceeding is instituted and who are served with the notice of the application for the order shall be deemed to be of sufficient ability, unless the contrary shall affirmatively appear to the satisfaction of such justice. If more than one relative is liable for the support of such inmate and is of sufficient ability to contribute to the expense of his maintenance in such institution, such order shall determine the portion of the expense of his maintenance to be paid by each. If the property of such inmate is not applied as directed in such order, or the relatives liable for the support of such inmate refuse or neglect to comply with such order, the board of managers of such colony may bring an action in the name

of such institution to recover the amount due such institution by virtue of such order. (As amended by chapter 459 of the Laws of 1905.)

ARTICLE VIII.

*INSTITUTIONS FOR JUVENILE DELINQUENTS.

Section 120. State industrial school; managers.

121. Managers of House of Refuge for Juvenile Delinquents in New York city.

. 122. Powers and duties of managers.

123. Superintendent.

124. Commitment of children.

125. Register.

126. Discipline and control of inmates.

127. Military drill.

128. Transfer of inmates to penitentiary or Elmira reformatory.

129. Confinement of juvenile delinquents under sentences by the courts of the United States.

130. Effects of alcoholic drinks and narcotics to be taught. 131. Establishing New York state training school for girls.

132. Appointment of managers.

132a. General powers and duties of managers

133. General powers of superintendent.

134. Oaths and bonds.

135. Commitments; papers furnished by committing

magistrates.

136. Return of females improperly committed.

137. Disposition of children of females so committed.

138. Conveyance of females committed.

139. Detentions and rearrests in cases of escape.

139a. Employment of inmates.

139b. Clothing and money to be furnished discharged

inmates.

139c. Confinement of female juvenile delinquents under sentences by the courts of the United States.

* See also chapter 470 of the Laws of 1893, page 90.

Section 120. State industrial school; managers. The State Industrial School, at Rochester, is hereby continued for the reception of all male children, under the age of sixteen years, who shall be legally committed to such school as vagrants or on a conviction for any criminal offense by any court having authority to make such commitment. Such school shall be under the control and management of a board of fifteen managers appointed by the governor, by and with the advice and consent of the senate. Their term of office shall be three years, and they shall be so appointed that the terms of one-third shall expire on the first Tuesday of February in each year. All vacancies shall be filled by the governor and the person appointed to fill a vacancy shall hold office for the remainder of the term of the person whom he succeeds. In the discretion of the governor, persons of either sex may be appointed as managers of such school. Such managers shall serve without compensation. (As amended by chapter 536 of the Laws of 1898 and chapter 167 of the Laws of 1904.)

§ 121. Managers of house of refuge for juvenile delinquents in New York city. The society for the reformation of juvenile delinquents in the city of New York shall continue to be a corporation by the name of "The managers of the society for the reformation of juvenile delinquents in the city of New York," with all the powers conferred upon it by its act of incorporation and the acts amendatory thereof, in so far as the same are not inconsistent with the provisions of this act. In addition to the governor, comptroller and attorney-general, ex officio managers, there shall be twenty-one managers of such society, each of whom shall hold office for the term of three years; and the managers in office when this chapter takes effect shall continue in office for the terms for which they were chosen respectively. The members of such society residing in the city of New York shall annually on the third Monday in November, by a plurality of votes, elect seven managers of such society. If a vacancy shall occur in the office of any manager, the board of managers may appoint a person to fill the vacancy for the remainder of the unexpired term. (As amended by chapter 167 of the Laws of 1904, and chapler 613 of the Laws of 1905.)

§ 122. Powers and duties of managers.-The managers of such house of refuge, established by the society for the reformation of juvenile delinquents, in the city of New York, and of such state industrial school shall have the general control of such institutions and shall make all such rules, regulations, ordinances and by-laws for the government, discipline, employment, management and disposition of the officers thereof, and of the children while in such institution or in the care of such managers, as to them may appear just and proper. They shall appoint a superintendent and such other officers as they may deem necessary for the conduct and welfare of the institution under their charge. They shall report in detail annually to the legislature on or before the fifteenth day of January, the number of children received by them into the institution, the disposition thereof, their receipts and expenditures, their proceedings during the preceding year, and all other matters which they deem advisable to be brought to the attention of the legislature.

§ 123. Superintendent. The superintendent so appointed shall be the chief executive officer of such school, or house of refuge, and subject to the by-laws, rules and regulations thereof and the powers of the board of managers, shall have control of the internal affairs and shall maintain discipline therein and enforce a compliance with, and obedience to, all rules, by-laws, regulations and ordinances adopted by said board for the government, discipline and management of such school or house of refuge.

Under direction of such managers, he shall receive and take into such institution all children legally committed thereto by any court having authority to make such commitment.

§ 124. Commitment of children.*- Male children under the age of sixteen years may be committed from the rural counties of this state as vagrants, or on the conviction of any criminal offense by any court having authority to make such commitments, to the state industrial school or the house of refuge established by the society for the reformation of juvenile delinquents; but

* By section 701 of the Penal Code, boys under the age of 12 years convicted of a crime amounting to felony, or boys between the ages of 12 and 16 years convicted of a crime, may also be committed to the State Industrial School or to the House of Refuge on Randall's Island. See page 91.