committee shall not be liable for any loss that may arise thereby. bid $ 30. If lunatic arrested. 22. If any person, found by inquisition to be a lunatic * * * shall be arrested or imprisoned as aforesaid, in any civil action, it shall be the duty of the court from which the process shall have issued, and of any judge thereof, in vacation, on the application of any person on behalf of the defendant, and a production of a certified copy of the proceedings upon such inquisition, to discharge such defendant from arrest and imprisonment without bail. Ibid § 31. shall appear of unsound mind, proceedings. 23. If any person arrested or imprisoned as aforesaid, in any civil action, shall appear to be of unsound mind, it shall be the duty of the jailer, or keeper of the prison, arrested or forthwith to give notice of the fact to two justices of the peace, who shall, within five days, attend at the prison, and, upon the oath or affirmation of such persons as they shall think fit to examine, proceed to inquire into the state of mind of such prisoner, and if they shall find him to be a lunatic, as was alleged, they shall forthwith make a record of the fact, and certify the same to the clerk of the district court. bid § 32. Clerk to notify district court. 24. The clerk of the court shall immediately make known. such record to the district court, if in session, or to the judge thereof in vacation, and thereupon such court, or such judge shall appoint a day, as soon as may be convenient to him, for hearing any objection to the discharge of such prisoner; and it shall be the duty of the clerk of the court to issue notice in not less than six handbills, and also to the creditor at whose suit said prisoner is detained, at least one week before the time of hearing, that application will be made to the court, or the judge thereof, as the case may be, for the discharge of such prisoner, on the day therein specified. Hearing. 25. On the day appointed for the hearing, as aforesaid, if it shall appear that due notice shall have been given, Ibid § 33. the court, or judge, as the case may be, shall, proceed to ascertain the state of mind of such prisoner, and if they or he shall be satisfied that such prisoner is of unsound mind, an order shall be made for the discharge of such prisoner from confinement, which shall be entered on record of said court. Proviso. Provided, that if it shall appear to such court or judge that such person is not in a fit condition of mind to be set at large, it shall be lawful for such court or judge to make an order that he be detained in custody or delivered to his kindred or friends, who are hereby made responsible for his safe keeping, and who shall restrain him from the commission of any offense, by seclusion or otherwise. 26. Whenever it shall appear, upon the trial of any person, Ibid § 34. When person insane at the time of commission of offense. charged with any crime or misdemeanor, that such person was insane at the time of the commission of the same, and such person shall be acquitted, the jury shall be required to find, specially, whether such person was insane at the time of the commission of such offense, and to declare whether he was acquitted by them on the ground of such insanity; and if they shall so find and declare, the court, before whom the trial was had, shall have power to order such person to be kept in strict custody, in such place and in such manner as to the said court shall seem fit, at the expense of the county in which the trial was had, so long as such person shall continue to be of unsound mind. The same proceedings shall be had if any person indicted for an offense, shall, upon arraignment, be found to be a lunatic * *, by a jury lawfully impaneled for the purpose; or if upon the trial of any person so indicted, such person shall appear to the jury charged with such indictment, to be a lunatic, in which case the court shall direct such finding to be recorded, and may proceed as aforesaid. * 27. Whenever, under a provision of this act, a person is found, upon inquisition, to be a lunatic. Ibid § 35. When lunatic how sup * has no estate, and neither himself nor his friends has sufficient ported. personal or real estate for the maintenance of said lunatic * * * he shall be supported at the expense of the county of which he is a resident; but the committee of such poor lunatic * * shall, in all respects, conform to the provisions of this act. Ibid § 36. Compensation * 28. The committee, either of the person or estate of a lunatic ***, shall receive such compensation for his of committee. services as the court may order and direct; and whenever said lunatic * * * is supported at the expense of the county of which he is a resident, said county shall also pay the committee for his services. NEW YORK. STATE BOARD OF CHARITIES. 1. Commissioners, appointment, residence. 2. Term of office. 3. Oath of office, organization. 4. Powers and duties, facilities to be afforded for inspection. 5. Inspection of asylums, reports. 6. State aid, inquiry into application. 7. Interest in contracts forbidden, officers of asylum not to be commissioners. 8. Records, corporate powers. 9. Duties of officers; vacancies 10. Additional members appointed. 11. Inspection of charitable and correctional institutions. 12. On representation of board, attorney-general to investigate. 13. Officers of asylum to furnish information. 14. Statistics and recommendations to be reported. 15. County visitors, penalties for exclusion of. 63. Officers, powers and duties. 65. Support, charged to county. 68. Purchases, vouchers to be taken. 70. Chronic insane, when cared for 71. Discharge, by trustees. HUDSON RIVER STATE HOSPITAL. 72. Establishment, board of managers. 76. Notice of completion, transfer of 77. Hudson river hospital district. 80. Plans for asylum. BUFFALO STATE ASYLUM. 81. Establishment, board of managers. 85. Salaries of officers, limit of. 87. Interest in contracts forbidden. 88. Managers, reports. 89. Capacity of asylum. HOMEOPATHIC ASYLUM AT MIDDLE- TOWN. 90. Establishment, board of trustees, 91. Vacancies how filled. 92. Interest in purchases forbidden. 97. Superintendent and other officers; 98. Charges for care and treatment. STATE ASYLUM FOR INSANE CRIMINALS 101. Title of asylum. 102. Superintendent, appointment. 103. Residence, salary. 104. Powers and duties. 105. Other officers, compensation. 107. Superintendent, bond. 110. Insane convicts, examination and 111. Disposition of convicts on expira- 112. Retention of convicts on expira- 113. Insane convicts on recovery re- 114. Certificate of conviction when filed. BINGHAMTON ASYLUM FOR CHRONIC 117. Establishment, board of trustees, 126. Salaries of officers. 127. Oath of office. 128. By-laws and regulations. 129. Superintendent, powers and duties. 131. Steward, powers and duties. 133. Records of trustees. 134. Inspection by trustees, reports. 136. Purchases to be for cash, vouchers. 138. Discharge of patients; annual in- 139. Removal from asylum, expenses. 143. Support, limit of charges. 144. Supreme court, powers of not MISCELLANEOUS PROVISIONS. 151. Investigation of complaints. 153. Penalty for disobeying subpoena. 156. State benevolent institutions de- 157. Commitment to be reported. 159. Death or discharge to be reported. 163. State charities aid association may 164. Keepers of asylums to furnish fa- 166. Insane soldiers and sailors from ADMISSION AND DISCHARGE. 170. Regulations for admission, physi- 172. Physician of asylum, not to certify. 174. Commitment by county officers. 177. Not to be committed as disorderly, 178. Dangerous insane committed to 179. Illegal confinement, penalties. 193. Non-accountability to law. 195. When indicted for felony, com- mission of lunacy, commitment. charge investigation, commit- 204. Expenses of commitment. 206. Fact of insanity to be stated in 207. Expenses of commitment of insane 208. On recovery, notice to state com- 212. Comission of lunacy, proceedings. 217. Insane after sentence of death. 219. Stay of execution, during insanity. 220. On recovery, warrant of execution. |