R. S. p. 1932. L. 181 ch. 49, § 1. Commission ers may transfer insane lum; ex persons to insane asy peuse, how to be estimated and paid. 167. The commissioners of the department of public charities and correction of the city of New York are hereby authorized, in their discretion, to transfer any insane person, heretofore or hereafter committed to, or being in their custody, or any institution under their control, to any state lunatic asylum, the managers or proper officers of which shall consent to receive the same; and every such person so transferred shall be detained, or permitted to remain in any such asylum, until discharged according to law. The expense of the maintenance of every person so transferred, which shall be fixed by agreement between said commissioners and such managers or officers, and of removing from, and, in case of discharge, of bringing back to said city every such person, shall be estimated for, raised and paid in the same manner as the other expenditures of the said commissioners of the department of charities and corrections of the city of New York, such expenses not to exceed the present cost of their maintenance. 168. The boards of managers of state lunatic asylums are hereby authorized to appoint two or more of the attendants and employes of said asylums as police- 476, $35. men, whose duty it shall be; under the orders of the Policemen superintendent, to arrest and return to the asylum pointed. insane persons who may escape therefrom. R. S., p. 1908, may be ap Officers, etc., jury service, 169. The resident officers of all state lunatic asylums, and all attendants and assistants actually employed Ibid $ 36. therein shall, during the time of such employment, exempt from be exempt from serving on juries, and in time of etc. peace, from service in the militia, and the certificate of the superintendent shall be evidence of the fact of such employment. ADMISSION AND DISCHARGE. L. 1874, ch. 1, § 1. R.S., p. 1901, 446, tit, 1, art. Certificate of approval judge of a 170. No person shall be committed to or confined as a patient in any asylum, public or private, or in any institution, home or retreat for the care and treatment of the insane, except upon the certificate of two physicians, under oath, setting forth the insanity of such person. But no person shall be held in confinement in any such asylum for more than five record: days, unless within that time such certificate be approved by a judge or justice of a court of record of physicians; thereof by a court of judges may take proofs, etc. Ibid § 2. of physician be certified by the county or district in which the alleged lunatic resides, and said judge or justice may institute inquiry and take proofs as to any alleged lunacy before approving or disapproving of such certificate and said judge or justice may in his discretion call a jury in each case to determine the question of lunacy. 171. It shall not be lawful for any physician to certify to the insanity of any person for the purpose of securing Qualification his commitment to an asylum, unless said physician certifying to be of reputable character, a graduate of some incorporated medical college, a permanent resident of examination. the state, and shall have been in the actual practice of his profession for at least three years. And such qualifications shall be certified to by a judge of any court of record. No certificate of insanity shall be made except after a personal examination of the party alleged to be insane, and according to forms prescribed by the state commissioner in lunacy, and every such certificate shall bear date of not more than ten days prior to such commitment. a judge; personal Ibid § 3. 172. It shall not be lawful for any physician to certify to the insanity of any person for the purpose of comciau may not mitting him to an asylum of which the said physician is either the superintendent, proprietor and officer or a regular professional attendant therein. certify. Ibid § 4. Descriptive entry of case mental state of. 173. Every superintendent of a state asylum or public or private asylum, institution, home or retreat for the care and treatment of the insane, shall within three to be made; days after the reception of any patient, make or cause to be made, a descriptive entry of such case in a book exclusively set apart for that purpose. He shall also make entries from time to time of the mental state, bodily condition and medical treatment of such patient, together with the forms of restraint employed, during the time such patient remains under his care, and in the event of the discharge or death of such patient, the superintendent aforesaid shall state in such case-book the circumstances appertaining thereto. 174. The county superintendents of the poor of any county Ibid § 5. or town, to which any person shall be chargeable, who shall be or shall become a lunatic, may send pauper insane. any such person to any state lunatic asylum by an order under their hands, and in compliance with the provisions of this act. County supt. of the poor, power of, over the as amended § 1. bid § 6, 1883, ch. 193, Overseers of constables to duty there the poor or report to supt. of poor; his upon; county warrant: order 175. In case of the refusal or neglect of any committee or guardian of any lunatic, or his relatives, to confine and maintain him, or where there is no such committee, guardian or relative of sufficient ability to do so, it shall be the duty of the overseers of poor, or constables of the city or town where any lunatic shall be found, to report the same forthwith judge to issue to the superintendent of the poor, who shall apply of supervisors. to the county judge, special county judge or surrogate, or any other judge or justice of a court of record of the city or county in which the lunatic may reside or be found, who, upon being satisfied upon examination that it would be dangerous to permit such lunatic to go at large, shall issue his warrant, directed to the constables and overseers of the poor of such city or town, commanding them to cause such lunatic to be apprehended, and to be sent within the next ten days to some state lunatic asylum, or to such public or private asylum as may be approved by any standing order or resolution of the supervisors of the county, to be there kept and maintained until discharged by law. poor or Ibid § 7. Lunatic not to be confined more than ten 176. It shall be the duty of the overseers of the constables to whom such warrant shall be directed, to procure a suitable place for the confinement of such lunatic as therein directed pursuant to the preceding section, but in no case shall any lunatic be confined in any other place than a state lunatic asylum or public or private asylum duly approved as aforesaid, for a longer period than ten days. days, except in asylum. bias. Not to be con fined as dis persons, etc.; orderly nor with 177. No person who by reason of lunacy or otherwise, is so far disordered in his mind as to be dangerous to himself or others shall be committed as a disorderly person to any prison, jail, house of correction, or confined therein unless an arrangement shall have criminals. been made for that purpose with the keeper thereof; and no such lunatic or person disordered in his mind shall be confined in the same room with any person charged with or convicted of any crime, nor shall such lunatic be confined in any prison, jail or house of correction for more than ten days. 178. If any person being of disordered mind and committed as a dangerous lunatic to any prison, jail or house id $9. Ibid Person com mitted as dangerous sent to asylum. of correction as set forth in the preceding section lunatic, to be shall continue to be insane at the expiration of ten days, he shall be sent forthwith to some state lunatic asylum or to such public or private asylum as may be approved as aforesaid. Ibid § 10. To confine Junatic in other place or' manner thau herein pre 179. Any overseer of the poor, constable, keeper of a jail or other person who shall confine any lunatic in any other manner or in any other place than such as are herein specified shall be deemed guilty of a misdemeanor, and on conviction thereof shall be liable misdemeanor. to a fine not exceeding two hundred and fifty dollars or to imprisonment not exceeding one year, or to both, at the discretion of the court before which the conviction shall be had. scribed, a Ibid § 11. Appeal pro ceedings npon; if judge refuse order for con finement, he must state his reasons in . writing; appeal therefrom. 180. If any lunatic, committed under the provisions of this article, or any friend in his behalf, be dissatisfied with any final decision or order of a county judge, special county judge, surrogate, judge of the superior court or court of common pleas of a city, or police magistrate, he may, within three days after such order or decision, appeal therefrom to a justice of the supreme court, who shall, thereupon, stay his being sent out of the county, and forthwith call a jury to decide upon the fact of lunacy. After a full and fair investigation, aided by the testimony of at least two respectable physicians, if such jury find him sane, the justice shall forthwith discharge him, or otherwise he shall confirm the order for his being sent immediately to an asylum. In case any county judge, special county judge, surrogate, judge of the superior court or common pleas of a city, or police magistrate refuse to make an order for the confinement of any insane person, proved to be dangerous to himself or others if at large, he shall state his reasons for such refusal in writing, so that any person aggrieved may appeal therefrom to a justice of the supreme court, who shall hear and determine the matter in a summary way or call a jury as he may think most fit and proper. Ibid § 12. 181. If such lunatic is not possessed of sufficient property to maintain himself, it shall be the duty of the father, mother, or children of such lunatic, if of sufficient confinement, ability, to provide a suitable place for his confine tives are to provide places for etc.; in case of inability, ent of poor to send lunatic ment, and to confine and maintain him in such manner as shall be agreeable to the provisions of superintend this act. But in case his relatives are not of suffi- to asylum. cient ability to maintain him, then the superintendent of the poor of the county shall, upon his order, send such pauper lunatic to any state asylum, or to such public or private asylum as may be approved by a standing order or resolution of the supervisors, within ten days. poor shall bid § 13. compel rela tain, etc. Remedies to tives to main 182. The overseers and superintendents of the have the same remedies to compel such relatives to confine and maintain such lunatic, and to collect the costs and charges of his confinement, as are given by law in the case of poor and impotent persons becoming chargeable to any town. 183. When a person in indigent circumstances—not a pauper-becomes insane, application may be made in bid § 14. Indigent insane, application to be made to judge to give the of hearing; county judge; fully notice of time judge may re quire friends to give secu patients when rity to remove cured; filing pervisors to for expenses. of papers; su raise money his behalf to any county judge, special county judge, judge of a superior court or common pleas of the county where he resides, and said judge shall investigate the facts of the case, both as to question of his indigence as well as to that of his insanity. And if the judge certifies that satisfactory proof of his insanity has been adduced, and that his estate is insufficient to support him and his family (or, if he has no family, himself) while under the visitation of insanity, then it shall be the duty of any judge, before whom application for that purpose is made, to cause reasonable notice thereof, and of the time and place of hearing the same to be given to one of the superintendents of the poor of the county chargeable with the expense of supporting such person in a state asylum, if admitted, and he shall then proceed to ascertain when such person became insane. On granting such certificate the judge may, in his discretion, require the friends of the patient to give security to the superintendent of the poor of the county to remove the patient from the asylum as soon as he shall recover. But in every case where a patient is admitted into an asylum, as hereinbefore provided, shall have remained there two years and has not recovered, the managers of the asylum may, in their discretion, cause such person to be returned to the county whence he came, and |