duties of vested in the said board of managers, five of whom, Ibid p. 608, § 2. at least, shall reside within twelve miles of said Powers and asylum; they shall have the general direction and managers. control of all the property and concerns of the institution, not otherwise provided for by law, and shall take charge of its general interests, and see that its design be carried into effect, and everything done faithfully according to the requirements of the legislature and the by-laws, rules and regulations of the asylum (and to this end they shall confer, counsel, advise and co-operate with the commissioners appointed to erect said asylum, whenever and as often as occasion may require); and the first meeting of the said board of managers shall be held in the city of Trenton, on Tuesday, the sixth day of April next. 11. Whenever the proper time shall arrive, the said board of managers shall provide the necessary stock, furniture, and property for the conducting of said asylum, and appoint a superintendent, who shall be a well educated physician, and a treasurer, who shall give bonds for the faithful performance of his trust, in such sum and with such sureties as the said managers shall approve; they shall also, on the nomination of the superintendent, appoint a steward, who shall give bonds for the faithful performance of his trust, in such sum and with such sureties as the managers shall approve; they shall also, on the nomination of the superintendent appoint an assistant physician and a matron, all of whom shall constantly reside in the asylum, and be designated the resident officers thereof. Ibid p. 608, § 3. appoint offiasylum. Managers to cers of 12. The treasurer of the state lunatic asylum shall not be required to reside in the asylum, nor be designated a resident officer thereof. * * * Ibid p. 614, § 41. Treasurer need not be resident. Ibid 13. The managers of the state lunatic asylum are hereby authorized, on the nomination of the superintend- mid p. 615, ent, to appoint a second assistant physician, who Managers shall reside in the asylum, and be designated one of my appoint the resident officers thereof.* second ass't physician. * The further provisions for the government of the Trenton asylum are omitted, since the act of 1847, p. 18, and its supplements of 1848, '49, '50, 52, '55, '67, '69, '71 and '81, R. S., pp. 607-616, have become identical with the act of 1876, regulating the government of the Morristown asylum, see infra, pl. 23-58. Ibid p. 617, § 65, p. 620, § 83. MORRISTOWN ASYLUM. 14. There shall be appointed by the governor of the state, by and with the advice and consent of the senate, as amended by [seven] competent persons, one from each of the Commissioners present congressional districts of the state, "commissioners to select a site and build an asylum for the insane of this state;" said commissioners shall not receive any compensation for the services herein imposed upon them except the actual expenses incurred in the discharge of their duties, nor shall said commissioners be in any way concerned in any contract for the erection of the said building or for furnishing supplies of any kind for the same. 15. The asylum * * * * shall be known by the name, style and title of "The State Asylum for the Insane, at Morristown, New Jersey," and for the purpose of ers constitute organizing the details connected with the opening of said asylum, and for the purpose of opening the same for the admission of patients as soon as practicable, the aforesaid commissioners are hereby constituted a board of managers for said asylum, until otherwise ordered, with all the powers and authority given by law to the managers of the "New Jersey State Lunatic Asylum," and the said "The State Lunatic Asylum for the Insane at Morristown, New Jersey," shall, in all matters relating to the admission, treatment, continuance, and discharge of patients in and from the same, be subject to all the laws now in force relative to the said "New Jersey State Lunatic Asylum." Revision of 1877, p. 620, § 84. Commission board of man agers. Act of 1879, 16. The governor by and with the advice and consent of the senate shall appoint three additional members of the board of managers of the state asylum for the insane, at Morristown, New Jersey, said members to be appointed from counties sending their indigent insane patients to said asylum, and not now represented in said board of managers. tional managers. Ibid § 2. 17. In February next, the members of said board of managers shall classify themselves by lot, so that two Term of office. shall go out of office in the year one thousand eight hundred and eighty-one, and two in every year thereafter, and they shall hold their office until others are appointed in their stead, subject to being removed for cause, at any time, by the governor; their successors shall be appointed in like manner by the governor, and shall hold their offices for five years, and until others are appointed in their stead, and subject to be reremoved in the manner aforesaid; the governor at any time by the advice and consent of the aforesaid may fill vacancies in the board, but the person appointed to fill the vacancy shall only serve under such appointment for the unexpired term of the person whose place he is to supply. Ibid p. 620, § 82. be sold within two miles of asylum 18. From and after the passage of this act, it shall not be lawful for any person or persons to sell or expose for sale, or cause or knowingly permit to be sold or exposed for sale, directly or indirectly, any spirituous, malt, vinous or intoxicating liquors or beverages, or grounds. any composition of which such liquors or beverages or any of them shall form the chief ingredient, on any lands or place, lying and being within two miles of the boundary of the grounds owned by the state in the county of Morris, for the accommodation of the insane; and any person so offending shall be deemed guilty of a misdemeanor and on conviction, shall for the first offense, be fined not less than fifty Penalty. nor more than two hundred and fifty dollars, together with the costs of prosecution, or imprisoned in the county jail for not less than ten nor more than thirty days, or by both such fine and imprisonment, and for each subsequent offense not less than one hundred dollars and imprisonment for not less than twenty days in said jail; provided, however, that this act shall not apply to any lands or places which are now within the corporate limits of the town of Morristown. Ibid p. 620, $85. Rules and regulations tribution between the asylums of 19. The board of managers of the New Jersey state lunatic asylum, and the board of managers of the state asylum for the insane at Morristown, New Jersey, are hereby authorized, empowered and directed, by and with the consent of governor of this state, and in the manner hereinafter provided, to make, adopt and enforce rules and regulations for the apportionment and distribution to and between the said asylums of such insane persons as are now or may hereafter be sent to an asylum of this state by virtue of any law thereof, and for the removal of insane patients from either of the said asylums to the other, and from time to time to alter and repeal such rules and patients, etc. regulations as the public interest may require; and all rules. and regulations so made, adopted and altered, and all repealers, as aforesaid, shall have the force and effect of public statutes, and shall from time to time be published as the said governor shall direct. Ibid p. 620, § 86. To be sub mitted to each proved by the governor. 20. Each rule or regulation, and each alteration or repeal of pre-existing rules or regulations, which shall be proposed to be made and adopted under the first board and ap section of this act,* shall be submitted in writing to each of the boards of managers aforesaid, and if adopted by a majority of the whole number of each board shall then be submitted in writing to the governor of this state for his approval, and no rule or regulation, nor alteration or repeal of pre-existing rules or regulations, shall take effect without the same is approved in writing by the said governor; in the event of a disagreement between the said boards respecting the adoption of any proposed rule or regulation, alteration or repeal aforesaid, the act proposed shall be submitted in writing to the governor who shall decide in writing the adoption or rejection or modification thereof, and shall communicate his decision to the said boards; all rules, regulations, alterations and repeals aforesaid, approved or decided by the governor as aforesaid shall be deposited in the office of the secretary of state, and certified copies thereof under the seal of said secretary shall be plenary proof thereof in all courts of this state. Rules, etc., to be filed; where. Ibid p. 621, $ 87. sane patients removed to the asylum at 21. Each insane patient who shall be removed to the state asylum for the insane, at Morristown, New Jersey, Support of in- by virtue of the rules and regulations aforesaid, shall be there continued and treated, and until discharged according to law shall be there supported by the same committee, relative, person, county or other corporation chargeable by law with such support, at the time of such removal, in the same manner and to the same extent as if such patient had not been so removed; and the expense of removing any patient to either asylum, shall be paid by the party chargeable by law as aforesaid, with his or her support, upon the order of the steward of the asylum to which such pa * See 85, pl. 19. tient shall be removed, countersigned by the superintendent thereof. bid p. 621, Support of admitted, to $ 88. whom charge able. 22. Each insane patient admitted under said rules and regulations into the state asylum for the insane, at Morristown, New Jersey, shall be supported there according to law, by the committee, relative, person, county or other corporation which would have been chargeable with the support of such patient if he or she had not been sent to an asylum, in the same manner and to the same extent as is now provided by law respecting insane patients in the New Jersey state lunatic asylum.* $89. 23. The managers may take and hold in trust for the state any grant or devise of land, or any donation or bequest of money or other personal property to be applied to the maintenance of insane persons or the general use of the said asylum. Ibid p. 621, Managers, trust for state, may hold in lands, etc. § 90. bid p. 621, May make by laws for regu lating the ap officers, etc. pointment of 24. Said managers are hereby authorized to establish such by-laws as they may deem necessary and expedient, for regulating the appointment of the officers hereinafter mentioned, and such other officers as they may find necessary, for fixing the conditions of admission, support and discharge of patients, and for conducting in a proper manner, the affairs and business of the institution, and to ordain to enforce a suitable system of rules and regulations for the internal government of said asylum; and they shall fix the compensation of said officers, by and with the consent of the governor, which compensation shall be paid by the state treasurer on the warrant of the comptroller.† Ibid p. 621, § 91 duties of the Powers and superinten 25. The superintendent shall be the chief executive officer of the said asylum; he shall have the general superintendence of the buildings, grounds, and farm, with their furniture, fixtures and stock, and the di- dent. rection and control of all persons therein, subject to the laws and regulations established by the managers; he shall daily ascertain the condition of the patients, and prescribe their treatment, in the manner prescribed in the by-laws; he shall *See note to pl. 13. This section corresponds to ? 4 and 6 of act of 1847 except that in the case of the Trenton asylum the managers are limited to $8,000 by act of 1867, p. 196, 2, R. S. p. 616. |