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§ 308. Penalty for violations. Any person or corpora tion who shall wilfully violate any of the provisions of this article or shall place out a child in violation of an order issued under the provisions of section three hundred and six of this article, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty and of not more than two hundred and fifty dollars. (As amended by chapter 258 of the Laws of 1909.)
Aged, Decrepit and Mentally Enfeebled
321. Licensing of institutions.
§ 320. Supervision of state board of charities. It shall be lawful for the state board of charities, to exercise supervision over all aged, decrepit and feeble-minded persons who are not proper subjects for care and treatment in a hospital for the insane, but who, on application by themselves, or by their relatives, or if without relatives, then by their friends or legal guardians, seek to obtain admission into any homes, retreats or other asylums which may be authorized under the provisions of this article to receive and administer to their necessities in a safe and humane manner.
$ 321. Licensing of institutions. The state board of charities, in the exercise of such official supervision, is hereby empowered to license any home, retreat or other asylum devoted to the sole purpose of keeping and caring for such aged, decrepit or mentally enfeebled persons whenever in the judgment of said board such home, retreat or asylum possesses the necessary equipment in officers and attendants, together with suitable domestic accommodations in all other respects, for the safe and humane malutenance of such patients. And the power of exercising supor vision over such institutions by the state board of charities, and of visiting and inspecting them and their inmates at all times shall be the same as now belongs to them in respect to the other institutions under their care.
§ 322. Voluntary applications for admission. Any person not a minor may voluntarily enter such a licensed institution upon filing an application of his intention with the superintendent thereof, supported by the affidavit of two reputable physicians of the place of residence of such person, certifying to the fact that the said applicant, though aged, decrepit or mentally enfeebled, is not insane nor a proper subject for treatment in a hospital for the insane, and that he goes there with the consent of his relatives, friends or legal guardians.
§ 323. Application on behalf of incompetent. In case such applicant be incompetent to act for himself, a similar application may be made in his behalf by any relative, friend or legal guardian in whose charge, or by whose assistance he is maintained, and the superintendent of such institution is hereby authorized to receive him in like manner as above stated.
8 324. Discharge of patient. Any patient upon application made to the state board of charities by him, or his friends or legal guardians, may be discharged from any such home, retreat or asylum, and placed in the care of his friends or other suitable place as the said board, in their judgment, may deem best.
Care of Inebriate Women
Section 340. Saint Saviour's sanitarium,
341. Commitment; certificate.
Section 344. Habeas corpus.
345. House of the Good Shepherd.
348. Right to habeas corpus. 8 340. Saint Saviour's sanitarium. The corporation known as Saint Saviour's sanitarium, now established and existing in the city of New York, for the reception and reformation of inebriate women, is hereby authorized and empowered to receive all such females as its trustees shall deem suitable subjects for its care, who may voluntarily surrender themselves, or who may be committed to its custody in the manner hereinafter provided, and to retain such females in its custody so long as may be necessary in the judgment of said trustees for treatment and reformation, not exceeding one year, or until discharged therefrom as hereinafter provided.
§ 341. Commitment; certificate. Any judge of a court of record in the county or district where an alleged inebriate female resides, may commit such female to said sanitarium in the manner hereinafter provided upon a proper application and upon the consent in writing of the trustees thereof, signed by their superintendent or executive officer, and upon the certificates in writing of two physicians, under oath, showing that such female is over the age of eighteen years and is incapable or unfit to properly conduct herself or her own affairs, or is dangerous to herself or others by reason of habits of periodical, frequent or constant drunkenness induced either by the use of alcoholic or vinous or other liquors, or opium, morphine or other narcotic or intoxicating or stupefying substance. But it must appear from each such certificate that the physician executing the same is a graduate of some incorporated medical college, and is a permanent resident of the state, and has been in the actual practice of his profession for at least three years, and it must also appear upon the face of such certificate that the physician executing the same has made a personal examination of the female alleged to be an inebriate, and that such examination has been made within twenty days prior to the application for the commitment.
§ 342. Application for commitment; who may make; proceedings upon. Any person with whom an alleged inebriate female resides, or the husband, father, mother, brother or sister, or the child of any such female, may apply to any such judge for the commitment of such female, by presenting a verified petition containing a statement of the facts upon which the allegation of inebriety is based and by reason of which the application is made. Such petition shall be accompanied by the certificates of the physicians and the consent of the trustees . as prescribed in the preceding section. Notice of such application shall be served personally, at least one day before making such application, upon the person alleged to be an inebriate. The judge to whom the application is made may dispense with such personal service, or may direct substituted service to be made upon some person to be designated by him, but he shall state in a certificate to be attached to the petition his reasons for dispensing with personal service of such notice, and if substituted service is directed, he shall state the name of the person upon whom such substituted service is to be made. The judge to whom such application is made may, if no demand is made for a hearing in behalf of the alleged inebriate, proceed to determine the question of inebriety, and if satisfied that the alleged inebriate is a suitable subject for the care of said sanitarium may forthwith commit her to said sanitarium. Such judge may, in his discretion, require other proofs in addition to the petition and certificates of the physicians. Upon the demand of such alleged inebriate or of any relative or friend in her behalf, the judge shall, or he may upon his own motion, isbue an order directing a hearing of such application before him at a time not more than five days from the date of such order, which shall be served upon the alleged inebriate and upon the party making the application and upon such other persons as the judge in his discretion may name. Upon the day fixed by such order, or upon such other day to which the proceeding shall be regularly adjoumed, he shall hear the testimony introduced by the parties and examine the alleged inebriate, if deemed advisable, in or out of court, and render a decision in writing as to the inebriety of such female. If he shall determine that such female is an inebri. ate, he may forth with commit her to said sanitarium. If such
judge can not hear the application, he may, in his order directing the hearing, appoint a referee who shall hear the testimony and report the same forthwith, with his opinion thereon, to such judge, who shall forthwith make the commitment or state his reasons in writing for refusing the application. Whenever a commitment is made under this article the petition of the applicant, the certificates of the physicians, the commitment and all other papers relating thereto shall be filed with the superintendent or executive officer of said sanitarium.
§ 343. Appeal; stay. A female committed pursuant to this statute or any relative or friend in her behalf may, within thirty days after the making of such commitment, appeal therefrom to a justice of the supreme court other than the justice making the commitment, who shall cause a jury to be summoned as in the case of proceedings for the appointment of a committee for an insane person, and shall try the question of such inebriety in the manner provided by law for proceedings for the appointment of such committee. If the verdict of the jury be that such female is an inebriate, the justice by whom the appeal is hearc shall certify that fact and shall remand such female to the care and custody of the sanitarium. Proceedings under the commitment shall not be stayed pending an appeal therefrom, except upon an order of
justice of the supreme court made upon notice and after a hearing, containing a provision for such temporary care or confinement of the alleged inebriate as may be deemed necessary. Upon the refusal of a judge to grant an application for the commitment of an alleged inebriate he shall state his reasons for such refusal in writing, and the person making the application may appeal there from in the manner hereinbefore provided for an appeal from a commitment, and the justice before whom sich appeal is heard may make a commitment as upon the original hearing.
§ 344. Habeas corpus. Any female who has been committed to said sanitarium is entitled to a writ of habeas corpus upon a proper application made by her or by any relative or friend in her behalf. Upon the return of such writ, the fact of her inebriety and the reasons for the further detention of such female in said sanitarium shall be inquired into and determined.