has been afforded them for a hearing, the commission is hereby authorized to acquire by purchase or by lease, for the use of the Manhattan state hospital, in the city of New York, at some point as nearly opposite Ward's Island as may be available, a dock which shall be suitable for the purpose of a landing and a depot for the general use of the hospital; also to purchase or lease one or more suitable steamboats to be used for the conveyance of patients and supplies to and from such hospital. Until the state provides a cemetery for the use of the hospital the commissioner of public charities of the city of New York shall continue to remove the dead bodies of insane patients from Ward's Island, and to provide for the burial of the unclaimed dead as prescribed by law prior to the passage of chapter two of the laws of eighteen hundred and ninety-six, and also to afford transportation by their steam ferry-boats for such bodics as are claimed by friends at the hospital, such removal to be made within twentyfour hours after receipt of notice from the superintendent of the Manhattan state hospital. § 64. Acquisition of property for use of state hospitals by condemnation and otherwise. The state commission in lunacy may acquire, under the condemnation law, such real estate, right or interest therein as may be necessary for the construction, maintenance and accommodation of a state hospital, if unable to agree with the owner thereof for its purchase. The proceedings for the purpose of acquiring such real estate, right or interest therein, shall be instituted and maintained in the name of the people of the state of New York, by the attorney-general or by such counsel as the governor or attorney-general may designate for that purpose, upon the certificate of such commission as to the necessity of acquiring such real estate, right or interest therein, approved and indorsed by the governor. The commission may acquire and hold in the name of and for the people of the state of New York, by grant, gift, devise or bequest, property to be applied to the maintenance of insane persons in and for the general use of a hospital. § 65. Erection, alteration, repairs and improvements of state. hospital buildings. All plans and specifications for the erection, alteration, repairs and improvements of state hospital buildings shall be prepared by the state architect but the super vising engineer of the state commission in lunacy may, when directed by the commission, prepare plans and specifications for the installation, alteration, repairs and improvements of the mechanical appliances and fixtures in the existing state hospitals, which before adoption shall be approved by the state architect. The state commission in lunacy shall adopt or reject any such plans or specifications and no such work shall be begun until the plans and specifications therefor have been adopted, but before the adoption thereof the commission shall submit the same to the board of managers of such hospital, and shall allow such board a period of not less than fifteen, and not more than sixty days in which to submit a statement of their opinions and suggestions in regard thereto. Contracts for such erection, alteration, repairs and improvements may be let by the commission, subject to the approval of the governor and comptroller, for the whole or any part of the work to be performed, and in the discretion of the commission such contracts may be sublet. Special orders for such work in amounts less than one thousand dollars may be issued by the state architect upon authorization by the commission. The commission shall determine to what extent and for what length of time advertisements are to be inserted in newspapers for proposals for the erection, alteration, repairs or improvements of state hospital buildings. A preliminary deposit, or certified check drawn upon some legally incorporated bank in this state, shall in all cases be required as an evidence of good faith upon all proposals for buildings, alterations, repairs or improvements, to be deposited with the treasurer of the hospital for which the work is to be performed, in an amount to be determined by the state architect, but work done by special orders in an amount less than one thousand dollars need have no such deposit or check provided payment is to be made only after the work is completed and approved. All contracts in an amount greater than one thousand dollars shall have the performance thereof secured by a sufficient bond or bonds to be approved by and filed with the commission. The work of erection, alteration, repairs or improvements of any building or plant may be done by the employment of inmate or outside labor, either or both, and by the purchase of materials in the open market whenever in the opinion of the commission and state architect such course shall be more advantageous to the state, but no compensation shall be allowed for the employment of inmate labor. Where money is appropriated for any specific purpose other than maintenance and the work, materials, furniture, apparatus or other supplies are not to be performed or purchased pursuant to contract or special order duly made therefor, such money shall be expended pursuant to special fund estimates made to the commission by the superintendent of the hospital for which such appropriation is made. The law governing the revision of estimates of the expense required for the state hospitals for the insane shall apply to such estimates, and when such work is to be performed in accordance with the plans and specifications prepared by the state architect or is to be paid for from appropriations for the erection, alteration, repairs or improvements of buildings or plant, such estimates shall also be subject to his approval. Except as above specified all such work shall be done by contract or special order. The form of the contract or special order shall be prescribed by the state architect. All payments on contracts or special orders shall be made on the certificate of the state architect approved by the commission as the work progresses or the purchase of material is made and upon bills duly certified. No item of an appropriation made for the performance of such work shall be available except for advertising unless one or more contracts, special orders or special fund estimates shall first have been made for the completion of such work within the appropriation therefor. All contracts for the erection, alteration, repairs or improvements of hospitals shall contain a clause that the contract shall only be deemed executory to the extent of the moneys available, and no liability shall be incurred by the state beyond the moneys available for the purpose. If an appropriation be made for the erection, alteration, repairs or improvements of buildings or plant in an appropriation act specifying two or more objects for which the appropriation is made and any one of such objects shall have been accomplished for a sum less than the amount specified in the act, the unexpended balance shall be applicable to the completion of any other work specified in the act, provided that after due advertisement no bids shall have been received within the amount specifically appropriated there for. § 66. Streets and railroads through hospital lands.- No public street or road for railroad or other purposes shall be opened through the lands of a state hospital, unless the legislature by special law consents thereto. ARTICLE 4 COMMITMENT, CUSTODY AND DISCHARGE OF THE Insane Section 80. Order for commitment of an insane person. 81. Medical examiners in lunacy; certificates of lunacy. 85. Liability for care and support of poor and indigent 86. Liability for the care and support of the insane other than the poor and indigent. 87. Duties of local officers in regard to their insane. 88. Duty of committee and others to care for the insane; apprehension and confinement of a dangerous insane person. 89. Patients admitted under special agreement. 90. Entries in case book. 91. Transfer of patients when hospital is overcrowded. 92. Investigation into the care and treatment of the insane. 93. Habeas corpus. 94. Discharge of patients. 95. Clothing and money to be furnished discharged patients. 96. Transfer of nonresident patients. 97. Insane Indians. 98. Sale of unclaimed personal property of discharged or deceased patients. 99. Voluntary patients in state hospitals. 8 80. Order for commitment of an insane person. -A person alleged to be insane and who is not in confinement on a criminal charge, may be committed to and confined in an institution for the custody and treatment of the insane, upon an order made by a judge of a court of record of the city or county, or a justice of the supreme court of the judicial district, in which the alleged insane person resides or may be, adjudging such person to be insane, upon a certificate of lunacy made by two qualified medical examiners in lunacy, accompanied by a verified petition therefor, or upon such certificate and petition, and after a hearing to determine such question, as provided in this article. The commission shall prescribe and furnish blanks for such certificates and petitions, which shall be made only upon such blanks. An insane person shall be committed only to a state hospital, a duly licensed institution for the insane, or the Matteawan state hospital, or to the care and custody of a relative or committee, as hereinafter provided. No idiot shall be committed to or confined in a state hospital. But any epileptic or feeble-minded person becoming insane may be committed as an insane person to a state hospital for custody and treatment therein. § 81. Medical examiners in lunacy; certificates of lunacy.The certificate of lunacy must show that such person is insane and must be made by two reputable physicians, graduates of an incorporated medical college, who have been in the actual practice of their profession at least three years, and have filed with the commission a certified copy of the certificate of a judge of a court of record, showing such qualifications in accordance with forms prescribed by the commission. Such physicians shall jointly make a final examination of the person alleged to be insane within ten days next before the granting of the order. The date of the certificate of lunacy shall be the date of such joint examination. Such certificate of lunacy shall be in the form prescribed by the commission, and shall contain the facts and circumstances upon which the judgment of the physicians is based and show that the condition of the person examined is such as to require care and treatment in an institution for the care, custody and treatment of the insane. Neither of such physicians shall be a relative of the person applying for the order or of the person alleged to be insane, or a manager, superintendent, proprietor, officer, stockholder, or have any pecuniary interest, directly or indirectly, or be an attending physician in the institution to which it is proposed to commit such person. |