hereby continued as a body corporate and shall be known as the state custodial asylum for feeble-minded women.

§ 81. Board of managers. Such asylum shall continue to have a board of seven managers, three of whom shall be women, and shall be appointed in accordance with the provisions of section fifty-one of this chapter. The board of managers shall have the custody and control of all property and power to make all rules for the management and control of the affairs of the asylum. (As amended by chapter 449 of the Laws of 1910.)

§ 82. Officers. The board of managers shall appoint, of their number, a president, a secretary and a treasurer. They shall appoint a superintendent, a matron, and employ all assistants that may be necessary for the proper management of the asylum.

§ 83. Treasurer to give undertaking. The treasurer shall, before he receives any money, give an undertaking to the people of the state, with such sureties and in such amount as the board of managers shall require and to be approved by the comptroller, to the effect that he will faithfully perform his trust as such treasurer.

ARTICLE 7

Rome State Custodial Asylum

Section 90. Asylum for feeble-minded persons and idiots. 91. Appointment of managers.

92. Powers and duties of managers.

93. Superintendent, qualifications, powers and duties. 94. Commitments to asylum; maintenance.

95. Detention and discharge of inmates; procedure.

§ 90. Asylum for feeble-minded persons and idiots. The asylum established at Rome for the custody, maintenance, training and treatment of the custodial class of feeble-minded persons and idiots is hereby continued and shall be known as the Rome state custodial asylum.

§ 91. Appointment of managers. Such asylum shall be under the control and management of a board of seven managers, appointed in accordance with the provisions of section fifty-one of this chapter. They shall appoint one of their number as president, another as vice-president and another as secretary. (As amended by chapter 449 of the Laws of 1910.)

§ 92. Powers and duties of managers. The board of managers shall,

1. Have the general direction and control of all the property and concerns of the asylum, take charge of its general interests and see that its design is carried into effect, according to law and its by-laws, rules and regulations.

2. Establish by-laws, rules and regulations, subject to the approval of the state board of charities, for the internal government, discipline and management of the asylum.

3. Maintain an effective inspection of the asylum, for which purpose a majority of the managers shall visit the asylum at least monthly and at such other times as may be prescribed in the by-laws. The superintendent or other officer in charge shall admit such managers or manager into every part of the asylum and its buildings and exhibit to them on demand all the books, accounts and writings belonging to the asylum and pertaining to its interests, and furnish copies, abstracts and reports whenever required by them.

4. Annually, on or before the fifteenth day of January, report to the legislature for the preceding fiscal year the affairs and condition of the asylum with full and detailed estimates of the next appropriations required for maintenance and ordinary uses and repairs, and of special appropriations, if any, needed for extraordinary repairs, renewals, extensions, improvements, betterments or other necessary objects.

5. If lands are required for the use of the asylum, acquire the same by purchase, gift or condemnation. (As amended by chapter 449 of the Laws of 1910.

§ 93. Superintendent, qualifications, powers and duties. The superintendent shall be appointed by the board of

managers in accordance with the laws of this state after a civil service examination which shall be held upon the lines of qualification, experience and training herein provided. He shall be a resident of this state, a well educated physician and graduate of a legally incorporated medical college, and shall have had a suitable experience and training of not less than three years in the care and treatment of the mentally defective classes, epileptic or insane. He shall be the chief executive officer of the asylum, and shall manage the institution in conformity to rules and regulations adopted by the board of managers. He shall appoint the assistant physicians, steward, clerk, a bookkeeper, matron and all subordinate employees, and he shall discharge them when, in his judgment, it may be necessary to do so for the good of the insti

tution.

§ 94. Commitments to asylum; maintenance. The superintendents of the poor of the various counties of the state may commit to such asylum, if vacancies exist therein, such feeble-minded persons and and idiots idiots residing in their respective counties, who are indigent or inmates of county almshouses, according to the by-laws and regulations of the asylum. All commitments shall be in the form prescribed by the board of managers. Insane idiots or epileptics shall not be committed to such asylum. Feeble-minded persons and idiots other than the poor and indigent may be admitted to the asylum, if vacancies exist, after providing for the care and custody of the poor and indigent feeble-minded persons and idiots, at a rate which shall not exceed the weekly per capita cost of maintaining all inmates as determined yearly by the board of managers. The maintenance of the institution and the poor and indigent inmates thereof shall be a charge upon the state.

§ 95. Detention and discharge of inmates; procedure. The following procedure for the detention and discharge of inmates in the Rome State Custodial Asylum is hereby provided:

1. The Rome State Custodial Asylum shall receive, when it has accommodations therefor, such persons of the class designed

to be maintained in said asylum, as shall be duly committed thereto in accordance with the provisions of law and the rules and regulations of said asylum, and it shall be the duty of said asylum, and for that purpose it is hereby vested with the authority to detain all such persons so committed, including the right to arrest and return any who may escape therefrom, until discharged by the board of managers of said asylum, or by an order of the supreme court of the state of New York, obtained as hereinafter provided.

2. Any inmate of said institution, or any person or corporation interested in any inmate as next of kin, or otherwise, may apply to the board of managers for the discharge of such inmate, by presenting to the said board of managers a petition in writing, duly verified as a pleading in the supreme court, which petition. shall set forth the interest of the petitioner in the inmate, if the same is presented by any other person than the inmate, the grounds or reasons for asking for such discharge and the home, place or surroundings in which it is proposed or intended to place the said inmate, if discharged, and such other facts as may tend to throw light upon the subject of the application.

3. Such petition may be presented at any legally constituted meeting of the board of managers of said asylum, and shall be acted upon by the board at such meeting, or as soon thereafter as practicable, and the prayer of the petition shall be either granted or refused by the said board of managers.

4. In case the said petition for discharge is denied, the action of the board of managers shall be expressed in a resolution to be adopted by the said board, and said resolution shall embody the grounds or reasons of said board for refusing to grant such discharge, and a copy of such resolution shall be mailed or delivered forthwith to the petitioner, or the attorney presenting the petition to the board.

5. At any time within thirty days after the mailing or delivery of said resolution, as prescribed in the last paragraph, the petitioner may cause a notice in writing to be served upon the superintendent of the said asylum and the attorney-general of the state of New York, to the effect that the said action of the board of

managers shall be reviewed by the supreme court of the state of New York at a special term thereof to be held in the judicial district in which the said asylum is located, not less than eight days after such notice is served, and the notice served upon the attorney-general shall be accompanied by true copies of all papers used upon the application before the board, and of the resolution. adopted by the board on said application, and any other papers or documents intended to be presented to the court upon said bearing.

6. Upon receipt of such notice and papers, it shall be the duty of the attorney-general to appear in said proceeding and upon said hearing in court, on behalf of the state of New York, and to render such legal service and give such counsel as may be necessary to fully advise the court and protect the interests of the state of New York in the premises.

7. The superintendent and the board of managers of said asylum shall furnish to the attorney-general, upon his application, any information, facts or data in their possession, which he may require to use upon said hearing.

8. The order granted by the court upon such hearing shall be entered in the office of the clerk of the county of Oneida, and a certified copy thereof furnished to the superintendent of the said asylum, and shall be recorded in the records of the said asylum, and the said inmate shall be discharged or detained according to the terms of said order. (Added by chapter 339 of the Laws of 1909.)

ARTICLE 8

Craig Colony for Epileptics

Section 100. Establishment and objects of colony. 101. Managers of the colony.

102. Buildings and improvements.

103. Powers and duties of managers.

104. Annual report.

105. Donations in trust.

106. Officers of the colony.

107. Duties of the superintendent.