L. 1916, ch. 535.

Tribal lands.

§§ 2, 7.

The account to be filed pursuant to such order shall be verified and contain a just, true and proper statement of all the acts of the committee, and an itemized statement of the receipts and disbursements of any and all moneys and properties that have come into hand covering the whole of the period for which the accounting is asked. A summary statement shall be included in the account and all vouchers shall be filed therewith. Notice of the filing of such account pursuant to such order and of an application for the judicial settlement thereof shall be given in the manner in which and to the persons to whom notice of application for the appointment of a committee of the person or property of an alleged incompetent person, lunatic, idiot or habitual drunkard is required to be given by title six of chapter seventeen of the code of civil procedure. Upon the return day of the notice of such application the court shall have the power to appoint a referee to take and state such account and to report to the court with his opinion thereon as to all matters embraced in said account. The court shall have power and it shall be its duty to appoint a suitable person as special guardian of the incompetent person for the protection of his rights and interests in said proceeding.

Upon the motion for a confirmation of the report of a referee appointed pursuant to the provisions hereof or if the accounting be had before the court, upon the court's determination, said account shall be then judicially adjusted, determined, fixed and filed.

The compensation of the referee and of the special guardian appointed under the provisions of this chapter shall in every instance be fixed by the court to be paid out of the estate, if any, of the incompetent person. The judicial settlement of the final account of a committee shall be made in the same manner, so far as may be applicable, as provided in this section for the judicial settlement of an intermediate account. (Amended by L. 1916, ch. 535, in effect Sept. 1, 1916.)

Application. This section, permitting a native Indian to take, hold and convey real estate the same as a citizen, has no reference to the right of an Indian tribe to convey or allot lands of its reservation. Terrence v. Gray (1916), 171 App. Div. 11, 156 N. Y. Supp. 916.

§ 7. Partition of tribal land.

Application. Although this section permits a tribe owning lands in common to divide the same among the individuals and families of the tribe so that it may be held in severalty and in fee simple, said section does not contemplate the granting of a certain lot to a cetrain individual, but on the contrary authorizes a general division among the members of the tribe of lands which have been held in common. Terrence v. Gray (1916) 171 App. Div. 11, 156 N. Y. Supp. 916.

It will be presumed that tribal lands continue to be held in common where there

is no evidence that a partition under section 7 of the Indian Law has been made. Terrance v. Gray (1916) 171 App. Div. 11, 156 N. Y. Supp. 916.

§ 102. Allotment of lands; St. Regis.

Application.-Sections 102 and 103 of the Indian Law, authorizing the St. Regis tribe to allot tribal lands to individual Indians, etc., does not make an Indian to whom lands have been allotted the owner in fee; it merely entitles him to the possession and use of the lands allotted which continue to be tribal lands. Hence, where, after the death of an Indian to whom lands have been allotted under said section, his heirs convey all his interest to another Indian and the tribe itself subsequently confirms his title and allots the lands to the grantee, he is entitled to judgment in an action of ejectment brought against the heirs of the prior owner who have regained possession by a forcible entry. Terrence v. Gray (1916), 171 App. Div. 11, 156 N. Y. Supp. 916.

The State courts have jurisdiction to determine an action of ejectment as between members of the St. Regis tribe of Indians. Terrence v. Gray (1916), 171 App. Div. 11, 156 N. Y. Supp. 916.

L. 1916, ch. 118.

Hospital commission; reports, etc.

§§ 7, 11, 17.

INSANITY LAW

(L. 1909, ch. 32.)

§ 7. General powers as to state hospitals.-Subd. 1 amended by L. 1916, ch. 349, in effect Apr. 27, 1916, as follows:

1. Have the general oversight of the state hospitals, and the control of all the property thereof; transfer such old machinery, boilers or equipment as are not needed by the state hospital in which the same is located to some other state hospital having use for such machinery, or sell or dispose of the same or any metal or rags, in the discretion of the commission, the money received therefor to be paid into the state treasury, and see that the purposes of such hospitals are carried into effect by the boards of managers according to law.

§ 11. Annual report.-The commission shall, annually, report to the legislature its acts and proceedings for the year ending June thirtieth last preceding, with such facts in regard to the management of the institutions for the insane as it may deem necessary for the information of the legislature, including estimates of the amounts required for the use of the state hospitals and the reasons therefor; and also so much of the annual reports made to the commission by the State Charities Aid Association and by the boards of managers of the state hospitals as the commission may deem necessary for the consideration of the legislature. The commission shall determine from time to time the capacity of each of the state hospitals and shall incorporate a statement of such capacity in its annual report to the legislature. (Amended by L. 1910, ch. 111, and L. 1916, ch. 118, in effect Apr. 3, 1916.)

§ 17. Commission to provide for the prospective wants of the insane.— The commission shall provide sufficient accommodations for the prospective wants of the poor and indigent insane of the state. To prevent overcrowding in the state hospitals, it shall recommend to the legislature the establishment of other state hospitals, in such parts of the state as in its judgment will best meet the requirements of such insane. It shall also furnish to the legislature in each year, an estimate of the probable number of patients who will become inmates of the respective state hospitals during the year beginning July first next ensuing, and, unless otherwise provided by law, an estimate of the cost of all the additional buildings and equipments, if any, which will be required to carry out the provisions of this chapter relating to the care, custody and treatment of the poor and indigent insane of the state. No money shall be expended for the erection of additional buildings, or for unusual repairs or improvements of state hospitals, except upon plans and specifications to be approved by the com

L. 1916, ch. 118.

§§ 40, 43, 45, 46. State hospitals; boards of managers, etc. mission and the governor. No municipality of the state shall have the power to modify or change plans or specifications for the erection, repair or improvement of state hospital buildings or the plumbing or sewerage connected therewith. The commission may secure a blanket policy of insurance covering any or all of the buildings, property or fixtures of the state hospitals. (Amended by L. 1912, ch. 121, and L. 1916, ch. 118, in effect Apr. 3, 1916.)

§ 40. State hospitals for the poor and indigent insane.-Subd. 10 amended by L. 1916, ch. 608, in effect May 20, 1916, as follows:

10. Brooklyn State Hospital, at Flatbush, in the borough of Brooklyn, in the city of New York.

§ 43. General powers and duties of boards of managers.-Subd. 6 amended by L. 1916, ch. 118, in effect Apr. 3, 1916, as follows:

6. Make to the commission, in July of each year, a detailed report of the results of their visits and inspection, with suitable suggestions and such other matters as may be required of them by the commission, for the year ending on the thirtieth day of June preceding the date of such report. Such report shall be prepared by a committee of the board, subject to the approval of the board.

§ 45. General powers and duties of superintendent.-Subd. 10 amended by L. 1916, ch. 118, in effect Apr. 3, 1916, as follows:

10. See that all such accounts and records are fully made up to the last day of June in each year, and that the principal facts and results, with his report thereon, are presented to the board of managers within thirty days thereafter, who shall incorporate it in their report to the commission. The commission may prescribe the form of and the subjects to be embraced in such reports. Such superintendent shall make other reports at such times, in such manner and in respect to such matters as the board of managers or the commission may direct.

$46.

Special provisions relating to Brooklyn State Hospital, Kings Park State Hospital, Central Islip State Hospital, and Manhattan State Hospital.— The hospital heretofore known as the Long Island State Hospital is divided into two parts. The part located at Kings Park shall be known as Kings Park State Hospital; the part located at Flatbush in the borough of Brooklyn, city of New York, shall be known as Brooklyn State Hospital. The hospital heretofore known as the Manhattan State Hospital is divided into two parts. The part located on Ward's Island, in the city of New York, shall be known as Manhattan State Hospital. The part located at Central Islip shall be known as Central Islip State Hospital. Each part of each of such hospitals shall, except as otherwise provided in this chapter, be deemed a separate and independent state hospital and all the provisions of this chapter relating to the management, maintenance and control of state hospitals and the appointment of resident officers, attendants and

L. 1916, ch. 607.

Purchasing stewards.

§§ 47, 50.

employees therein shall apply to each such state hospital. Patients shall be committed to and received at the Brooklyn State Hospital, the Kings Park State Hospital, the Central Islip State Hospital, and the Manhattan State Hospital in accordance with rules to be established by the state hospital commission. The commission may also adopt rules regulating the transfer of such patients from one to another of such hospitals. (Amended by L. 1916, ch. 608, in effect May 20, 1916.)

§ 47. Purchasing steward for Brooklyn State Hospital, Kings Park State Hospital, Manhattan State Hospital, and Central Islip State Hospital.-The office of purchasing steward for the Brooklyn State Hospital, Kings Park State Hospital, Manhattan State Hospital and Central Islip State Hospital, as heretofore established by the commission, is hereby abolished.

The resident steward or the assistant steward of each of such hospitals shall become the steward of the respective hospital which he now serves and his rank in the service shall be reckoned as though he had occupied the office of steward during the time that he has served as resident steward or assistant steward, and he shall possess all the powers and perform all the duties conferred or imposed on stewards of state hospitals by this chap(Amended by L. 1911, ch. 719, and L. 1916, ch. 607, in effect May

ter.

20, 1916.)

§ 50. Salaries of certain officers and wages of certain employees prescribed. The officers or employees of the state hospitals now or hereafter classified as occupying offices or positions specified in the schedule at the end of this section shall hereafter receive the salaries or wages per month indicated opposite the name or title of such officer or position, except that where a minimum and maximum rate per month is prescribed, advancement from the minimum to the maximum rate shall be in accordance with the length of service, as prescribed in such schedule. If a minimum and maximum rate per month is not prescribed in such schedule, the salary or wages per month of such officer or employee shall be the amount indicated opposite the name or title of such office or position. Where an increase of salary or wages is allowed at a certain rate per month or otherwise for continuous service, continuous service performed prior to the time this section, as hereby amended, takes effect, in the same position or employment, shall be deemed a part of the continuous service in determining the salary or wages to which such officer or employee shall be entitled under this section. When employees are allowed to board and lodge away from the hospital on account of lack of accommodations in the institution a uniform rate of not less than sixteen dollars per month shall be allowed in addition to the regular monthly wages, and this amount shall be apportioned at the rate of four dollars per month for each meal and four dollars per month for lodging. Such employees shall, subject to the approval of the commission, be allowed the privileges granted to employees residing in the hospital.