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license.

Penalty for

asylum with

county in which such asylum or institution is situated. The Med materoko May revoke said board may revoke the license of any asylum

or institution, issued under the provisions of this act, for reasons deemed satisfactory to said board; but such revocation shall be in writing and filed as aforesaid, and notice thereof given in writing to the person, association or corporation to whom such license was given.

149. After the expiration of three months from the passage Ibid ş 12. of this act, any person or persons who shall conduct maintaining or maintain any private insane asylum or instituout license. tion, and the officer of any corporation who shall conduct or maintain such private asylum or institution without having obtained a license as herein provided, or for more than thirty days after the revocation of such license, or shall receive any patient after notice of such revocation, shall be guilty of a misdemeanor, and it shall be the duty of the district attorney of the proper county to proceed against such offender as may be provided by law. 150. A person who conducts or maintains a private insane

. vol. asylum, or institution for the care or treatment of

de, persons of unsound mind, without a license issued ylums; and granted to such person according to law, is

guilty of a misdemeanor.

RS. 1882, vo
4 Penal Code
$ 445.
Private in

license.

L, 1971, ch.

Investigation

etc.; power to administer oaths and compel attendance of wit

MISCELLANEOUS PROVISIONS. 151. Whenever the state board of commissioners of public P. S., p. 1893. charities, or the managers, directors or trustees of 699,712.ch. any asylum, hospital, or other charitable institution, of complaints, the managers, directors or trustees of which are ap

pointed by the governor' and senate, or by the legis

lature, shall deem it necessary or proper to investinesses; pro- gate and ascertain the truth of any charge or papers. complaint made or circulated respecting the conduct of the superintendent, assistants, subordinate officer or servants, in whatever capacity or duty employed by or under the official control of any such board, managers, directors or trustees, it shall be lawful for the presiding officer for the time being of any such board, managers, directors or trustees, to administer oaths to all witnesses coming before them respectively for examination, and to issue compulsory process for the

duction of

Fees of wit

Penalty for disobeying subpana.

attendance of any witness within the state whom they may respectively desire to examine, and for the production of all papers that any such witness may possess, or have in his power, touching the matter of such complaint or investigation; and wilful false swearing .by any witness who may be so examined is hereby declared to be perjury.

152. All persons examined as witnesses under the first section of this act shall be paid the same fees as are lbid $ 2. now paid to witnesses in the supreme court by the nesses. said board, managers, directors or trustees, authorizing the issuing of such compulsory process.

153. Any person wilfully neglecting to obey any subpæna or citation to testify or produce papers, as provided in Ibid $ 3. the act, shall be liable to a penalty of one hundred dis dollars, to be recovered, with costs of suit, before any su court having cognizance thereof.

154. It shall be the duty of the superintendent, warden or other proper officer in charge of each of the benevo- RS

R. S., p. 1894, lent institutions of this state, in which are persons whose maintenance, treatment, tuition or clothing is a charge against any county of this state, to make a clothing, report on or before the fifteenth day of September, tulli in each year to the clerk of the board of supervisors of the county to which such maintenance, treatment, tuition or clothing is chargeable, which report shall show the name, age, sex, color and nationality of every person in such institution, chargeable to such county; also, when each person was received into such institution, from what town sent, for what term received, to what time the expense of each such person has been paid, and the amount chargeable to such county for each such person for the ensuing year, which report shall be verified by the oath or affirmation of the person making the same.

155. The fiscal year of all state asylums, hospitals, charitable and reformatory institutions in this state shall com- R. s. mence on the first day of October in each year, and close on the thirtieth day of September, inclusive, commencer next succeeding; and the annual reports of said in- end sept. 304 stitutions heretofore required for the use of gov- tep ernment shall be made for the fiscal year as herein established; provided, however, that the first report made by any

| L. 1876, ch, 54,

$ 1. Report of charges for maintenance,

tuition, etc.

s. ., p. 1894, L. 1879, ch. 109, $ 1. Fiscal year to commence Oct. 1, and 4,

reports.

R.S., p. 189
L. 1880,
ch. 347, $ 1.
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of said institutions, after the passage of this act, shall be for the period commencing with the commencement of its fiscal year as heretofore established to and including the thirtieth day of September, eighteen hundred and seventy-nine. 156. Each of the asylums, reformatories, homes, retreats, $94. penitentiaries, jails, or other institutions of this state,

in which the board, instruction, care or clothing of state institu- persons committed thereto is, or shall be, a charge

against any county of this state, or town therein, shall be known for the purposes of this act as one of the state benevolent institutions of the state.

157. It shall be the duty of every judge, justice, superintendIbid $ 2. ent of the poor, overseer of the poor, supervisor, or oficer tore other person, who by law is authorized to make com

mitments or appointments to any of the state benevolent institutions of the state, to make a report in writing to the clerk of the board of supervisors of the county so liable, or of the county in which any town is so liable, for the board, instruction, care, or clothing mentioned in section one of this act; said report shall be made within ten days after making such commitment or appointment, and shall show, when known, the nationality, age, sex, and residence of each person so appointed or committed, and the length of time of such appointment or commitment. 158. It shall be the duty of the keeper, superintendent,

warden, secretary, director, or other proper officer of

in- each of the state benevolent institutions of the state, report. within ten days after receiving any person into any of the institutions mentioned in section one of this act, whose board, care, instruction, tuition, or clothing shall be chargeable to any town or county, to make a report in writing to the clerk of the board of supervisors of the county so liable, or of which any town is so liable. Such report shall show when such persons were received into said institution, and when known, the name, age, sex, nationality, residence, length of time of commitment or appointment, the name of the officer making such commitment or appointment, and the sum chargeable per week, month or year for such person. 159. In case of the death, removal or discharge of any per

son committed or appointed, to any of the institu

Ibid $ 3. Officers of institution to

Ibid $ 4 Death, re

moval or discharge of occupants to

Officers to ren

statement of

tutions mentioned in this act, it shall be the duty of the officers mentioned in section three of this act, to : immediately report to the clerk of the board of su- be repo pervisors of the respective county the date of such death, removal or discharge.

160. It shall be the duty of the officers mentioned in section three of this act, annually, on or before the fifth day of Ibid § 6. October, to present to the clerk of the board of der sworn supervisors of the county liable for the board, in- accounts. struction, care or clothing mentioned in this act, or of the county in which any town is so liable, a sworn statement of the account of such institution, with such county or town, up to first day of said October, and in case of a claim for clothing, an itemized statement of the same, and in case any part of the board, care, tuition, or clothing has been paid by any person or persons, the account shall show what sum has been so paid, and accompanying such account shall be a report showing the name, age, sex, nationality, and residence of each person mentioned in the account, the name of the officer who made the commitment or appointment, the date and length of commitment or appointment, the time to which the account has been paid, and the amount claimed to the first day of said October, the sum per week or per annum charged, and if no part of such account has been paid by any person or persons, the report shall show such fact, duly verified.

161. Any officer mentioned in this act who shall refuse or neglect to make the reports required by this act Ibid $ 6.. shall not be entitled to receive any compensation or neglect. pay for any services, salary or otherwise, from any town or county to which he is required to make such report.

162. The clerk of the board of supervisors who shall receive any report or account in pursuance of the Ibia $ 7. provisions of this act shall carefully file the same repori. and present the same to the respective boards of supervisors on the second day of the annual meeting of the board next succeeding the receipt of the same.

163. Any justice of the supreme court of the judicial district, within whose boundaries any of the public charita- £. ble institutions of the state hereinafter referred to is ; located, is hereby authorized to grant on written ap- p.

Penalty for

Filing of

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R. S., p. 1895, L. 1881, ch. 323, $1. Justice of supreme court may grant orble institu

which order

stitutions to admit persons

ders to enable plication of the board of managers of the state chariSlicers to visit ties aid aseistic managers of the state charistate charita. ties aid association, a corporation organized under tions; term for chapter three hundred and nineteen of the laws of is granted. eighteen hundred and forty-eight, and amendatory acts, through its president or other designated officer, to such persons as may be named in said application, orders for the purpose of enabling them or any of them to visit, inspect and examine in behalf of said association, in the county in which the visitor so appointed shall reside, any of the county poorhouses, and town poorhouses and city almishouses within the state, and located within such judicial district. Each of such orders shall specify the institution or institutions to be visited, inspected and examined, and the names of the persons by whom the visitation, inspection and examination are to be made, and shall be in force for one year from the date on which it shall have been granted, unless sooner revoked.

164. It shall be the duty of any and all persons in charge Ibid 5 2 of each and every poorhouse or almshouse, emstitutions to braced in the order specified in the first section of having orders. this act, to admit any or all of the persons named in the said order of the justice of the supreme court, into every part of such institution, and to render the said persons so named in said order every facility within their power to enable them to make in a thorough manner their visit, inspection and examination, which are hereby declared to be for a public purpose, and to be made with a view to public benefit. Obedience to the order herein authorized shall be enforced in the same manner and with a like effect as obedience is enforced to an order or mandate made by a court of record. 165. It shall be the duty of the said corporation to make an

eport, annual report to the state board of charities. 166. Any soldier or sailor who may have been regularly adR. S., p. 1931, mitted into the New York State Soldiers' and Sailors'

- 10. Home, at Bath, who shall be found to be insane, sane soldiers may be transferred, by an order of the president and state lunatic secretary of the board of trustees and the superinExpense tendent of the home, to any state lunatic asylum, there to remain at the expense of the New York State Soldiers' and Sailors' Home until legally discharged; said expense to be paid out of the maintenance fund of said home, and at the same rate as is charged for the support of the county insane.

Ibid $ 3. Annual re

L. 1979, ch.407. $1. Transfer of in

and sailors to

asylum.

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