May revoke license. county in which such asylum or institution is situated. The 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. Ibid § 12. Penalty for maintaining asylum without license. 149. After the expiration of three months from the passage of this act, any person or persons who shall conduct or maintain any private insane asylum or institution, 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. 4 Penal Code, 150. A person who conducts or maintains a private insane R S. 1882, vol. asylum, or institution for the care or treatment of persons of unsound mind, without a license issued sane asylums; and granted to such person according to law, is guilty of a misdemeanor. § 445. Private in license. L. 1871, ch. 699, § 1. Investigation etc.; power to oaths and dance of wit nesses; pro duction of papers. MISCELLANEOUS PROVISIONS. 151. Whenever the state board of commissioners of public R. S., p. 1893. charities, or the managers, directors or trustees of any asylum, hospital, or other charitable institution, of complaints, the managers, directors or trustees of which are apadminister pointed by the governor and senate, or by the legiscompel atten- lature, shall deem it necessary or proper to investigate and ascertain the truth of any charge or 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 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. bid § 2. Fees of wit nesses. 152. All persons examined as witnesses under the first section of this act shall be paid the same fees as are now paid to witnesses in the supreme court by the said board, managers, directors or trustees, authorizing the issuing of such compulsory process. Ibid § 3. 153. Any person wilfully neglecting to obey any subpoena or citation to testify or produce papers, as provided in the act, shall be liable to a penalty of one hundred for dollars, to be recovered, with costs of suit, before any court having cognizance thereof. disobeying subpœna. R. S., p. 1894, charges for maintenance, clothing, tuition, etc. 154. It shall be the duty of the superintendent, warden or other proper officer in charge of each of the benevolent institutions of this state, in which are persons whose maintenance, treatment, tuition or clothing is Report of a charge against any county of this state, to make a report on or before the fifteenth day of September, 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.. p. 1894, mence on the first day of October in each year, and close on the thirtieth day of September, inclusive, next succeeding; and the annual reports of said in- end Sept. 30; stitutions heretofore required for the use of government shall be made for the fiscal year as herein established; provided, however, that the first report made by any L. 1879, commence Oct. 1, and 4, reports. 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, R. S., p. 1894, penitentiaries, jails, or other institutions of this state, in which the board, instruction, care or clothing of L. 1880, ch. 347, § 1. What are state institutions. 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. Ibid § 2. Committing officer to report. 157. It shall be the duty of every judge, justice, superintendent of the poor, overseer of the poor, supervisor, or other person, who by law is authorized to make commitments 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. Ibid § 3. stitution to report. 158. It shall be the duty of the keeper, superintendent, warden, secretary, director, or other proper officer of Officers of in- each of the state benevolent institutions of the state, 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 person committed or appointed, to any of the institu Ibid § 4 charge of occupants to be reported. tutions mentioned in this act, it shall be the duty of moval or disthe officers mentioned in section three of this act, to immediately report to the clerk of the board of supervisors of the respective county the date of such death, removal or discharge. Officers to ren statement of 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 § 5. 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. Penalty for 161. Any officer mentioned in this act who shall refuse or neglect to make the reports required by this act bid § 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. Filing of 162. The clerk of the board of supervisors who shall receive any report or account in pursuance of the bid $7. provisions of this act shall carefully file the same report. 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. ... 1895. 323,$1. L. 1881, ch. 163. Any justice of the supreme court of the judicial district, within whose boundaries any of the public charitable institutions of the state hereinafter referred to is located, is hereby authorized to grant on written ap Justice of supreme court may grant or officers to visit ble institu which order is granted. ders to enable plication of the board of 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 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 almshouses 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 of each and every poorhouse or almshouse, embraced 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. Ibid § 2. Officers of institutions to admit persons Ibid § 3. L. 1879, ch. 407. $ 1. Transfer of in 165. It shall be the duty of the said corporation to make an 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' 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 superintendent 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. and sailors to asylum. Expense. |