interested in the application and upon such other persons as the judge, in his discretion, may name. Upon such day, or upon such other day to which the proceeding shall be regularly adjourned, he shall hear the testimony introduced by the parties and examine the alleged insane person if deemed advisable, in or out of court, and render a decision in writing as to such person's insanity. If it be determined that such person is insane, the judge shall forthwith issue his order committing him to an institution for the custody and treatment of the insane, or make such other order as is provided in this section. If such judge can not hear the application he may, in his order directing the hearing, name some referee, who shall hear the testimony and report the same forthwith, with his opinion thereon, to such judge, who shall, if satisfied with such report, render his decision accordingly. If the commitment be made to a state hospital, the order shall be accompanied by a written statement of the judge as to the financial condition of the insane person and of the persons legally liable for his maintenance as far as can be ascertained. The superintendent of such state hospital shall be immediately notified of such commitment, and he shall, at once, make provisions for the transfer of such insane person to such hospital. The petition of the applicant, the certificate in lunacy of the medical examiners, the order directing a further hearing as provided in this section, if one be issued, and the decision of the judge or referee, and the order of commitment shall be presented at the time of the commitment to the superintendent or person in charge of the institution to which the insane person is committed, and verbatim copies shall be forwarded by such superintendent or person in charge and filed in the office of the state commission in lunacy. The relative, or committee, to whose care and custody any insane person is committed, shall forthwith file the petition, certificate and order, in the office of the clerk of the county where such order is made, and transmit a certified copy of such papers, to the commission in lunacy, and procure and retain another such certified copy. The superintendent or person in charge of any institution for the care and treatment of the insane may refuse to receive any person upon any such order, if the papers required to be presented shall not comply with the provisions of this section, or if in his judgment, such person is not insane within the meaning of this statute, of if received, such person may be discharged by the commission. No person shall be admitted to any such institution under such order after the expiration of five days from and inclusive of the date thereof. Id., § 62.

Revised from L. 1874, c. 446, T. 1, §§ 1-4, 12, and L. 1890, c. 273, § 7. (See Birdseye's R. S. 1st ed., pp. 1508, 1509.)

31 N. Y. St. R. 420, 472; 32 id. 146; 56 Barb. 231; 121 N. Y. 345; 82 Hun, 80.

63 Appeal from order of commitment. If a person ordered to be committed, pursuant to this chapter, or any friend in his behalf, is dissatisfied with the final order of a judge or justice committing him, he may, within ten days after the making of such order appeal therefrom to a justice of the supreme court other than the justice making the order, who shall cause a jury to be summoned as in case of proceedings for the appointment of a committee for an insane person, and shall try the question of such insanity in the same manner as in proceedings for the appointment of a committee. Before such appeal shall be heard, such person shall make a deposit or give a bond, to be approved by a justice of the supreme court, for the payment of the costs of the appeal, if the order of commitment is sustained. If the verdict of the jury be that such person is insane, the justice shall certify that fact and make an order of commitment as upon the original hearing. Such order shall be presented, at the time of the commitment of such insane person, to the superintendent or person in charge of the institution to which the insane person is committed, and a copy thereof shall be forwarded to the commission by such superintendent or person in charge and filed in the office thereof. Proceedings under the order shall not be stayed pending an appeal therefrom, except upon an order of a justice of the supreme court, and made upon a notice, and after a hearing, with provisions made therein for such temporary care or confinement of the alleged insane person as may be deemed necessary. If a judge shall refuse to grant an application for an order of commitment

of an insane person proved to be dangerous to himself or others, if at large, he shall state his reasons for such refusal in writing, and any person aggrieved thereby may appeal therefrom in the same manner and under like conditions as from an order of commitment. L. 1896, c. 545, § 63.

Revised from L. 1874, c. 446, T. 1, § 11. (See Birdseye's R. S., 1st ed., p. 1509.)
See Tenants for Life, SS 6-8.

64 Costs of commitment. The costs necessarily incurred in determining the question of the insanity of a poor or indigent person and in securing his admission into a state hospital, and the expense of providing proper clothing for such person, in accordance with the rules and regulations adopted by the commission, shall be a charge upon the town, city or county securing the commitment. Such costs shall include the fees allowed by the judge or justice ordering the commitment to the medical examiners. If the person sought to be committed is not a poor or indigent person, the costs of the proceedings to determine his insanity and to secure his commitment, as provided in this article, shall be a charge upon his estate, or shall be paid by the persons legally liable for his maintenance. If in such proceedings, the alleged insane person is determined not to be insane, the judge or justice may, in his discretion, charge the costs of the proceedings to the person making the application for an order of commitment, and judgment may be entered for the amount thereof and enforced by execution against such person. Id., § 64.

New.

121 N. Y. 345.

65 Liability for care and support of poor and indigent insane. All poor and indigent insane persons not in confinement under criminal proceedings, shall, without unnecessary delay, be transferred to a state hospital and there wholly supported by the state. The costs necessarily incurred in the transfer of patients to state hospitals shall be a charge upon the state. The commission shall secure from relatives or friends who are liable or may be willing to assume the costs of support of inmates of state hospitals supported by the state, reimbursement, in whole or in part, of the money thus expended. Id., § 65.

Revised from L. 1890, c. 126, § 11.

66 Liability for the care and support of the insane other than the poor and indigent. The father, mother, husband, wife and children of an insane person, if of sufficient ability, and the committee or guardian of his person and estate, if his estate is sufficient for the purpose, shall cause him to be properly and suitably cared for and maintained. The commission and the superintendent of the poor of the county, and the overseer of the poor of the town where any such insane person may be, or in the city of New York, the commissioners of public charities, and in Brooklyn, the commissioners of charities and correction, may inquire into the manner in which any such person is cared for and maintained; and if, in the judgment of any of them, he is not properly or suitably cared for, may apply to a judge of a court of record for an order to commit him to a state hospital under the provisions of this article, but such order shall not be made unless the judge finds and certifies in the order that such insane person is not properly or suitably cared for by such relative or committee, or that it is dangerous to the public to allow him to be cared for and maintained by such relative or committee. The costs and charges of the commitment and transfer of such insane person to a state hospital shall be paid by the committee, or the father, mother, husband, wife or children of such person, to be recovered in an action brought in the name of the people by the commission, the superintendent of the poor of the county, or the overseer of the poor of the town where such insane person may be, or in the city of New York in the name of the commissioners of public charities, and in the city of Brooklyn in the name of the commissioners of charities and correction. Id., § 66.

Revised from L. 1874, c. 446, T. 1, §§ 12, 13; T. 3, § 30. (See Birdseye's R. S., 1st ed., pp. 1508, 1509, 1519.)

56 Barb. 231; 82 Hun, 80; 31 N. Y. St. R. 420; 32 id. 146; 7 Hill, 171; 96 N. Y. 525; 121 id. 345.

67 Duties of local officers in regard to their insane. All county superintendents of the poor, overseers of the poor and other city, town or county authorities, having duties to perform relating to the insane poor, are charged with the duty of seeing that all poor and indigent insane persons within their respective municipalities, are timely granted the necessary relief conferred by this chapter, and, when so ordered by a judge, as herein provided, or by the commission, shall see that they are, without unnecessary delay, transferred to the proper institutions provided for their care and treatment as the wards of the state. Before sending a person to any such institution, they shall see that he is in a state of bodily cleanliness and comfortably clothed with new clothing, in accordance with the regulations prescribed by the commission. The commission may, by order, direct that any person it deems unsuitable therefor shall not be so employed or act as such attendant. Each patient shall be sent to the state hospital, within the district embracing the county from which he is committed, except that the commission may, in their discretion, direct otherwise, but private or public insane patients, for whom homeopathic care and treatment may be desired by their relatives, friends or guardians, may be committed to the Middletown State Homeopathic hospital, or to the Collins State Homeopathic hospital, from any of the counties of the state, in the discretion of the judge granting the order of commitment; and the hospital to which any patient is ordered to be sent shall, by and under the regulations made by such commission, send a trained attendant to bring the patient to the hospital. Each female committed to any institution for the insane shall be accompanied by a female attendant, unless accompanied by her father, brother, husband, or son. After the patient has been delivered to the proper officers of the hospital, the care and custody of the municipality from which he is sent shall cease. Id., § 67.

Revised from L. 1874, c. 446, T. 3, § 23; L. 1890, c. 126, § 6, and L. 1893, c. 214, § 5. (See Birdseye's R. S., 1st ed., p. 1518.)

67a Female attendants for women in transit to institutions, etc. In every order, commitment or direction made by any court, judge or other officer for the confinement of an insane or feeble-minded woman in any hospital, public institution or other place, not located at the same place where such insane or feebleminded person may be at the time such order, commitment or direction is made, such court, judge or other officer shall also direct therein that such insane or feebleminded woman shall have as an attendant at least one suitable adult woman, while in custody pursuant to such order, commitment or direction, and while going to such hospital, public institution or other place; and no officer or other person shall keep in his custody or take to any hospital, public institution or other place for the custody or confinement of an insane or feeble-minded person any insane or feeble-minded woman unless accompanied by such an attendant. L. 1890, c. 40, § 1.

67b In case of transfers and removals. Whenever any insane or feebleminded woman confined in any institution of this state, under and pursuant to a commitment or order of any court, judge or other officer, is to be transferred from one institution to another institution, or from any hospital or other public institution to a point outside of the city, village or town where said hospital or public institution is located, the board of managers of the institution where said insane or feeble-minded woman is confined shall cause said insane or feebleminded woman, when so removed and transported, to be accompanied by one or more females in addition to the officer having her in charge. Id., § 2.

67c Expenses. The expenses of procuring female assistants required for carrying out the provisions of this act shall be a charge upon the city or county from which said insane or feeble-minded woman was committed. Id., § 3.

Probably the following section is obsolete, but see State Charities Law, § 17, and L. 1892, -c. 613.

67d Pauper, when not admitted to asylum. Hereafter no pauper who has

not resided within the state for at least one year next prior to application for his or her admission into any state asylum for the idiotic, blind, insane, or deaf and dumb, shall be admitted as an inmate therein. L. 1880, c. 549, extract from § 1.

67e Paupers may be sent to Middletown. County judges and superintendents of the poor in any of the counties of this state, and all county or other officers having authority to commit insane persons to any of the state lunatic asylums in this state, are hereby authorized to commit indigent and pauper insane persons for whom homoeopathic treatment may be desired, to the State Homœopathic asylum for the insane at Middletown, in the same manner and on the same terms and conditions as are now required or may hereafter be required by law for the commitment of indigent or pauper insane persons to any of the other state lunatic asylums in this state, provided the number in the aggregate of such patients shall not exceed the accommodations at the disposal of the superintendent in said asylum. L. 1874, c. 414, § 1.

68 Duty of committee and others to care for the insane; apprehension and confinement of a dangerous insane person. When an insane person is possessed of sufficient property to maintain himself, or his father, mother, husband, wife or children are of sufficient ability to maintain him, and his insanity is such as to endanger his own person, or the person and property of others, the committee of his person and estate, or such father, mother, husband, wife, or children must provide a suitable place for his confinement, and there maintain him in such manner as shall be approved by the proper legal authority. The county superintendent of the poor and the overseers of the poor of towns and cities, the commissioners of public charities in the city of New York, and the commissioners of charities and correction in the city of Brooklyn, are required to see that the provisions of this section are carried into effect in the most humane and speedy manner. Upon the refusal or neglect of a committee, guardian or relative of an insane person to cause him to be confined, as required in this chapter, the officers named in this section shall apply to a judge of a court of record of the city or county, or to a justice of the supreme court of the judicial district in which such insane person may reside or be found, who, upon being satisfied, upon proper proofs, that such person is dangerously insane and improperly at large, shall issue a precept to one or more of the officers named, commanding them to apprehend and confine such insane person in some comfortable and safe place; and such officers in apprehending such insane person shall possess all the powers of a peace officer executing a warrant of arrest in a criminal proceeding. Unless an order of commitment has been previously granted, such officers shall forthwith make application for the proper order for his commitment to the proper institution for the care, custody and treatment of the insane, as authorized by this chapter, and if such order is granted, such officer shall take the necessary legal steps to have him transferred to such institution. In no case shall any such insane person be confined in any other place than a state hospital or duly licensed institution for the insane, for a period longer than ten days, nor shall such person be committed as a disorderly person to any prison, jail or lockup for criminals, unless he be violent and dangerous, and there is no other suitable place for his confinement, nor shall he be confined in the same room with a person charged with or convicted of crime. Any person apparently insane, and conducting himself in a manner which in a sane person would be disorderly, may be arrested by any peace officer and confined in some safe and comfortable place until the question of his sanity be determined, as prescribed by this chapter. The officer making such arrest shall immediately notify the superintendent of the poor of the county, or the overseers of the poor of the town or city, or, in the city of New York, the commissioners of public charities, or, in the city of Brooklyn, the commissioners of charities and correction, who shall forthwith take

proper measures for the determination of the question of the insanity of such person. L. 1896, c. 545, § 68.

Revised from L. 1874, c. 446, T. 1. §§ 6, 8, 9, 37; 1 R. S. *p. 634, §§ 1-6. (See Birdseye's R. S., 1st ed., pp. 1508, 1509, 1514.)

4 T. & C. 452; 31 N. Y. St. R. 472; 31 Barb. 473.

69 Patients admitted under special agreement. The managers of a state hospital may authorize the superintendent to admit thereto, under special agreement, insane patients, who are residents of the state, other than poor and indigent insane persons, when there is room for such insane therein. But no patient shall be permitted to occupy more than one room in any state hospital, nor shall any patient, his friends or relatives, be permitted to pay for his care and treatment therein a sum greater than ten dollars a week. Such patients, when so received, shall be subject to the general rules and regulations of the hospital. The amount agreed upon for the maintenance of such insane persons in a state hospital, shall be secured by a properly executed bond, and bills therefor shall be collected monthly. The commission may appoint agents, whose duty it shall be to secure from relatives and friends who are liable therefor, or who may be willing to assume the cost of support of any of the inmates of state hospitals as are being supported by the state, reimbursement in whole or in part of the money so expended. The compensation of each agent shall not exceed five dollars a day, and the necessary traveling and other incidental expenses incurred by him, to be approved by the comptroller. Id., § 69.

Revised from L. 1874, c. 446, T. 3, § 22; L. 1887, c. 375, § 12; L. 1893, c. 214, § 7, and L. 1895, c. 693, § 1. (See Birdseye's R. S., 1st ed., pp. 1518, 1537.)

70 Entries in case book. Every superintendent or other person in charge of an institution for the care and treatment of the insane, shall, within three days after the reception of a 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 or cause to be made entries from time to time, of the mental state, bodily condition and medical treatment of such patient during the time such patient remains under his care, and in the event of the discharge or death of such person, he shall state in such case book the circumstances thereof, and make such other entries at such intervals of time and in such form as may be required by the commission. Id., $ 70.

Revised from L. 1874, c. 446, T. 1, § 4. (See Birdseye's R. S., 1st ed., p. 1508.)

71 Transfer of patients when hospital is overcrowded. When the building of any state hospital shall become overcrowded with patients, or the number of buildings shall be reduced by fire, or other casualties, or for other cause, the commission may, in its discretion, cause the transfer of patients therefrom, or direct that patients required to be sent thereto, be transferred to another state hospital, where they can be conveniently received, or make, in special emergencies, temporary provision for their care, preference to be given in such transfers to a hospital in an adjoining rather than in a remote district. The expenses of such transfer shall be chargeable to the state, and the bills for the same, when approved by the commission, shall be paid by the treasurer of the state, on the warrant of the comptroller, out of any moneys provided for the support of the insane. Id., § 71. Revised from L. 1890, c. 126, §§ 8, 9.

72 Investigation into the care and treatment of the insane. When the commission has reason to believe that any person adjudged insane is wrongfully deprived of his liberty, or is cruelly, negligently or improperly treated, or inadequate provision is made for his skillful medical care, proper supervision and safe keeping, it may ascertain the facts, or may order an investigation of the facts by one of its members. It, or the commissioner conducting the proceeding, may issue compulsory process for the attendance of witnesses and the production of papers, and exercise the powers conferred upon a referee in the supreme court. the commission deem it proper, it may issue an order directed to any or all institutions, directing and providing for such remedy or treatment, or both, as shall be

If