George Crane Morehouse.

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Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 67 of 96)
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Id., § 6, as amended by Laws of 188S, chap. 193.

When Relatives Unable to Support, etc.—

If such lunatic is not possessed of sufficient property to maintain
himself, it shall be the duty of the father, mother or children of
such lunatic, if of sufficient ability, to provide a suitable place for
his confinement, and to confine and maintain him in such manner
3.S shall be agreeable to the provisions of this act. But in case his
relatives are not of sufficient ability to maintain him, then the super-
intendent of the poor of the county shall, upon his order, send such
pauper-lunatic to any State asylum, or to such public or private
asylum as may be approved by a standing order or resolution of the
supervisors, within ten days.

Id., 1 12.

Remedies to Compel Support by Relatives.-

The overseers and superintendents of the poor shall have the same
remedies to compel such relatives to confine and maintain such
lunatic, and to collect the costs and charges of his confinement, as



BOAKD OF SUPEKVISORS — MISCELLANEOUS DUTIES. 605^

are given by law in the case of poor and impotent persons becoming
chargeable to any town.
Id., § IS.

§ 736. To Raise Money for Support of Indi-
gent Lunatics at Asylums. — When a person in
indigent circumstances, not a pauper, becomes insane, application
may be made in his behalf to any connty judge, special county
judge, judge of a superior court or common pleas of the county
where he resides, and said judge shall fully investigate the facts^
of the case, both as to the question of his indigence as well as to
that of his insanity. And if the judge certifies that satisfactory
proof of his insanity has been adduced, and that his estate is insuffi-
cient to support liim and his family (or, if he has ho family, him-
self) while under the visitation of insanity, then it shall be the duty
of any judge, before whom apphcation for that purpose is made, to
cause reasonable notice thereof, and of the time and place of hear-
ing the same, to be given to one of the superintendentg of the poor
of the county chargeable with the expense of supporting such per-
son in a State asylum, if admitted, and he shall theri proceed to
ascertain when such person became insane. On granting such cer-
tificate the judge may, in his discretion, require the friends of the pa-
tient to give security to the superintendent of the poor of the county
to remove the patient from the asylum as soon as he shall recover.
But in every case where a patient, admitted into an asylum, as herein-
before provided, shall have remained there two years and has not re-
covered, the managers of the asylum may, in their discretion, cause
such person to be returned to the county whence he came, and
charge the expense of such removal to the county. The judge
, granting said order of indigence shall file all papers belonging to
such proceedings, together with his decision, with the clerk of the
county, and report the facts to the supervisors, whose duty it shall
be, at their next annual meeting, to raise the money necessary to
meet the expenses of support of such indigent lunatic.

Id., § 14, as amended by chap. 164, Laws of 1880.

When for an Additional Time, etc.— When an
insane person in indigent circumstances, not a pauper, shall have
been sent to any State asylum by his friends, who have paid bis
bills therein for six months, if the superintendent shall certify that
he is a fit patient and likely to be benefited by remaining in the
institution, the supervisors of the connty of his residence are author-



«06 Supervisors' Manual.

ized and required, upon an application imder oath in his behalf, to
raise a sum of money sufficient to defray the expenses of his remain-
ing there another year, and to pay the same to the treasurer of the
asyhim. And they shall repeat the same for two years more upoQ
like application and the production of a new certificate, of like im-
port, from the siiperintendent of such asylum.

Id., § 15, as amended by Laws of 1880, chap. 164.

§ 737. Expenses of Sending^ Lunatic to Asy-
lum and of Ms Support There.— The expense of send-
ing any lunatic to a State asylum, and of supporting him there, shall
be defrayed by the county or town to which he may be chargeable.
If chargeable to a county, or to any town whose poor moneys are
required to be paid into the county treasury, such expense shall be
paid by the county treasurer out of the funds appropriated to the
support of the poor belonging to such county or town, after being
allowed and certified by the county superintendents. If such luna-
tic be chargeable to a town whose poor moneys are not required to
be paid into the county treasury, such expense shall be paid by the
overseers of the poor thereof.

Id.,S 16.
See Decisions, § 740, post.

§ 738. Remedies to Compel Committee or
Guardian to Maintain, etc.; Court of Sessions
to make Orders. — The overseers of the poor of any city or
town shall have the same remedies to compel the committee or
guardian of the estate of any lunatic to confine and maintain such
lunatic, and to collect of such committee the cost and charges of his
confinement and support, as are given in the preceding sections,
against the relatives of such lunatic. And the court of general
sessions of the peace of the city or county shall make orders against
such committee personally, and enforce them in the same manner
as against the relatives of any poor person, so long as such committee
has any property in his hands, for the support of such lunatic.
Id., §17.

§ 739. Po-wers of County Superintendents.-

The county superintendents of the poor shall have all the powers
and authority herein given to overseers of the poor of any town.

Id., S 19.



Board of Supebtisobs — Miscellaxeous Duties. 60?

Some counties send to one asylum and others to another, but the
same rules apply in the various cases, and are substantially as follows :

§ 740. First. To be Properly Clothed.— All town

and county officers sending a patient to the asylum shall, before
sending him, see that he is in a state of perfect bodily cleanliness and
is comfortably clothed and provided with suitable changes of raiment,
as prescribed by the by-laws of the asylum.

Chap. 446, Laws of 1874, tit. 3, § 23 (which relates to the Utica asylum ; the same
provision applies to the other asylums) .

No patient shall be discharged without suitable clothing ; and if
it cannot be otherwise obtained the steward shall, upon the order of
two managers, furnish it, also money not exceeding $20, to defray
his necessary expenses until he reaches his friends or can find a
chance to earn his subsistence.

Id., § 26.

§ 741. Second. Price, Iiott Fixed.— The price to be

paid for keeping the poor or any person in indigent circumstances in
the asylum shall be annually fixed by the managers, and shall not ex-
ceed the actual cost of support and attendance, exclusive of officers'
salaries. The managers may, at their discretion, require payments
made quarterly or semi-annually in advance.

Id., §29.

§ 742. Third. Support of. — Every insane person sup-
ported in the asylum shall be personally liable for his maintenance
therein, and for all necessary expenses incurred by the institution in
his behalf. And the committee, relative, town, city or county, tliat
would have been bound by law to provide for and support him if
he had not been sent to the asylum, shall be liable to pay the ex-
penses of his clothing and maintenance in the asylum, and actual
and necessary expenses to and from the same.

Id., §80.

§ 743. County to Pay Expenses, Supervisors
to Levy Tax Therefor.— The expenses of clothing and
maintaining in the asylum, a patient who has been received upon the
order of any court or officer, shall be paid by the county from which
he was sent to the asylum. The treasurer of said county is author-
ized and directed to pay to the treasurer of the asylum the bills for
such clothing and maintenance as they shall become due and payable
according to the by-laws of the asylum, upon the order of the steward ;



608 Supervisors' Mastual.

and the supervisors of said county shall annually levy and raise the
amount of such bills and such further sum as will probably cover
all similar bills for one year, in advance. Said county, however
shall have the right to require any individual, town, city or county,
that is legally liable for the support of such patient, to reimbui-se
the amount of said bills with interest from the day of paymg the
same.

Id., § 81.

§ 744. Expenses of Removal of Lunatics
From Asylum. — Whenever the manager shall order a patient
removed from the asylum to the poor-house of the county whence
he came, the superintendents of the poor of said county shall audit
and pay the actual and reasonable expenses of such removal as part
of the contingent expenses of said poor-house. But, if any town
or person be legally liable for the support of such patient, the
amount of such expenses may be recovered for the use of the county
by such superintendents. If such superintendents of the poor neg-
lect or refuse to pay such expenses on demand, the treasurer of the
asylum may pay the same and charge the amount to the said county ;
and the treasurer of the said county is authorized to pay the same,
with interest, after thirty days; and the supervisors of the said
county shall levy and raise the amount as other county charges.

Id., § 32.

§ 745. Riglit of County to be Reimbursed.-

Every town or county paying for the support of a lunatic in the
asylum, or for his expenses in going to and from the same, shall
have the like rights and remedies to recover the amount of such pay-
ments, with interest from the time of paying each bill, as if such
expenses had been incurred for the support of the same at other
places, under existing laws.

Id., S 88.

§ 746. Support of Indig-ent Insane, Not Pau-
pers.

Under the old law an indigent Insane person " not a pauper," was to be sup-
ported at the asylum by the county, not by the several towns.

People, exrel. Supervisors of the Town of Alexander, v. Board of Buperrisors, '

HUl, in.

But in a case in Herkimer county, decided November, 1886, Judge Vann de-
cided, that under the present law, each town was liable for the support of resi-
dent " indigent insane, not a pauper," when sent to an asylum.

People, exrd. Russell, v. Board of Supervisors of Herkimer Co.; affirmed, 46 Hod,
S54,



BOAfeD OF SUPEKVISORS — MISCELLANEOUS DUTIES. 609

In Herkimer county the towns support their own poor, the Buperintendent of
the poor keeping an account with each town therefor, and the distinction between
town and county poor is maintained.

It was also held that a claim made by the town that it could not be charged with
the cost of supporting those persons upon the ground that although they had a
legal settlement in the town, they had not previously become chargeable to it,
could not be sustained, as under the Laws of 1874, no distinction was presumed
between poverty caused by insanity and that caused by other disease or mis-
fortune.
Id.

In the year 1875, John Gill, a resident of the city of Kingston, after having
been indicted in the county of Suffolk, for an assault with intent to kill, was com-
mitted to the Hudson Hiver State Asylum for the Insane, by the county judge of
Suffolk county, and was afterward transferred to the Asylum for Insane Criminals
at Auburn, where he has since remained. The county of Suffolk, having paid
$1,760.71 for his support and maintenance in the asylum, brought this action to
recover the amount so paid for the city of Kingston.

Upon the hearing of the appeal from a judgment overruling a demurrer inter-
posed to the complaint, upon the ground that it did not state facts su£Scient to
constitute a cause of action, the defendant claimed that the liability for the main-
tenance of the insane criminal rested upon the county of Ulster, in the first in-
stance, or on the commissioners of the alms-house of the city of Kingston, and
that no liability was imposed by the statute upon the city itself. Eleld, that the
judgment should be affirmed.

That by sections 33, 63 and 69 of chapter 446 of the Laws of 1874, as amended
by chapter 520 of 1879, the duty to raise money for the support of the poor of the
city rested upon the city of Kingston.

Supervisors v . City of Kingston, 50 Hun, 435.

The expense of supporting Indigent insane is to be paid by the town in which
such persons have legal settlements and not by the county, and such expense is
properly added by the board of supervisors to the other amounts which are to be
levied on such town.

In an action brought to restrain the board of supervisors of Schoharie county
from imposing on the relator, a town in said county, a charge for expenses paid
for the several years since January 1, 1882, for such of the indigent insane as
had settlements in the relator's town, it was claimed by the relator that the action
or non-action in this respect of former boards of supervisors was conclusive;
that any action now, by the present board of supervisors, would be a review of
what had been decided by former boards, and that this could not be allowed.
Held, that the expenses of indigent patients in the asylum are to be paid, in the
first instance, by the county, and the supervisors are then annually to raise the
amount of such bills paid by the county treasurer, and such further sum as will
probably cover all similar bills for one year in advance.

That the fact that the board of supervisors had not availed itself of the right
at the end of each year, since January 1, 1883, to charge to the several towns the
amounts which were properly chargeable to them for the support of the indigent
insane, did not bar future proceedings for such reimbursements.

That it could not be claimed that the provisions of the statute, directing the
raising of the money at the beginning of the year, contemplated that an appor-
tionment should then be made of such expenses pro rata, according to the valua-
77



610 SuPERviBOEs' Manual.

Hon of the towns, as by law the Baperviaors must raise this money at the be.
ginning of the year, although they have at that time no power to apportion, and
no knowledge of the facts on which the apportionment is to be made, which caa
only be known at the end of the year, when it is known for what patients the
money has been paid and how much has been paid for each.
People, ex rel. Blenheim, v. Supervisors, 49 Hun, 308, 309.

CHRONIC PAUPER INSANE.

§ 747. — The pauper insane are confined in the asylum desig-
nated, the Willard or Binghamton. Counties may be exempted
from sending their pauper insane to the Willard Asylum by the
State commission in lunacy.

See§ 25, chap, 283, Laws of 1889.

Where the counties are not thus exempted, the provisions men-
tioned above as to the supply of clothing, maintenance, etc., §§ 740,
741, 742, 743, 744, apply in such cases.

RELATIVE TO INSANE CRIMINALS.

§ 748. When Commission may issue.— If any

person in confinement under indictment for the crime of arson,
murder or attempt at murder, or highway robbery, shall appear to
be insane, the court of oyer and terminer in which such indictment
is pending shall have power, with the concurrence of the presiding
judge of such court, summarily to inquire into the sanity of such
person, and the degree of mental capacity possessed by him, and for
that purpose may appoint a commission to examine such person and
inquire into the facts of his case and report thereon to the court, and
if said court shall find such person insane or not of sufficient mental
capacity to undertake his defense, they may, by order, remand such
person to such State lunatic asylum as in their judgment shall be
meet, there to remain until restored to his right mind, when he shall
be remanded to prison and criminal proceedings be resumed, or
otherwise discharged, according to law.

Chap. 446, Laws of 1874, tit. 1, § 20.

The governor has Kke power.

Id., § 21.

§749. Costs of Commission a County Charge.

— The costs of any commission of lunacy appointed pursuant to
the provisions of this article, shall be a charge upon the county in



BoAKD OF Supervisors — Miscellaneous Duties. 611

■whicli the same shall have been executed ; and the certificate of the
«ourt by which such commission shall have been appointed shall
constitute a legal voucher thereof in the hands of the county treas-
urer, provided, nevertheless, that the costs of all commissions ap-
pointed by the governor shall be defrayed from the fund appropri-
ated for the contingent expense of the executive department.

Id., §22, a3 amended by Laws of 1875, chap. 574, § 2.

§ 750. Convicts may be Transferred, etc

By section 23, any person confined in either of the State lunatic
asylums upon a criminal charge, and any person so confined, A^ho is
under conviction for a crime or who has been tried and acquitted
thereof on the ground of insanity, may, upon the application of any
superintendent of any asylum, be brought before a justice of the
supreme court, who may order his removal to the State Lunatic
Asylum for Insane Criminals at Auburn.

Id., as amended hj Laws of 1884, chap. 515.

And one confined in a penitentiary who shall appear to be insane
may be transferred to the State lunatic asylum at Auburn.

Id.,§ 24.

§ 751. HOTT Supported, etc.— The penitentiary from
which convict (if under sentence for a misdemeanor) shall have been
transferred, shall be liable for the expenses of his care and mainte-
nance during the time he shall remain in said asylum, provided that
he is removed therefrom before the expiration of his sentence. If
he shall continue insane after the expiration of the time for which
he was sentenced, then the county from which he was sent to said
penitentiary shall pay his expenses as hereinbefore provided in sec-
tion 22 of this act.

Id., § 25, as amended by Laws of 1875, chap. 574, § 3.

§ 752. Support of Insane Held Under Crimi-
nal Process. — If any person in confinement under indictment
or under sentence of imprisonment, or under a criminal charge, or
for want of bail for good behavior, or for keeping the peace, or for
appearing as a witness, or in consequence of any summary convic-
tion, or by order of any justice, or under any other than civil pro-
cess, shall appear to be insane, the county judge of the. conn tywliere
he is confined shall institute a careful investigation, call two respect-
able physicians and other credible witnesses, invite the district at-
torney to aid in the examination (and if he deem it necessary, call a



612 SuPERvisofis' Manital.

jury, and for that purpose is fully empowered to compel the attend-
ance of witnesses and jurors), and if it be satisfactorily proved that
he is insane, said judge may discharge him from imprisonment and
order his safe custody and removal to a State asylum, where he shall
remain until restored to his right mind ; and then the superintend-
ent shall inform the said judge and district attorney, so that the per-
son so confined may, within sixty days thereafter, be remanded to
prison and criminal proceedings be resumed or otherwise discharged,
or if the period of his imprisonment shall have expired he shall be
discharged. When such person is sent to an asylum, the county
from which he is sent shall defray all his expenses while there and
of sending him back, if returned ; but the county may recover the
amount so paid, from his own estate, if he have any, or from any rela-
tive, town, city or county that would have been bound to provide
for and maintain him elsewhere.

U.,i 26.

§ 753. Support of Insane Under Civil Pro-
cess. — If any person imprisoned on attachment, or any civil pro-
cess, or for the non-payment of a militia fine, becomes insane, one
of the judges mentioned in the last preceding section of this act shall
institute like proceedings in his case as are required in the case pro-
vided for in said section ; but notice shall be given by mail or other-
wise, to the plaintiff or his attorney, if in the State ; and if it shall
be proved to the satisfaction of said judge that the prisoner is insane,
he may discharge him from imprisonment and order him into safe cus-
tody and to be sent to a State asylum. The provisions of the last pre-
ceding section, requiring the county to defray the expenses of a
patient sent to a State asylum, shall be equally applicable to similar
expenses arising under this section.

Id., §27.

§ 754. Persons Acquitted of Misdemeanors

on Ground of Insanity, — Persons charged with misde-
meanor and acquitted on the ground of insanity may be kept in
custody and sent to a State asylum, in the same way as persons
charged with crime, and their expenses shall be paid in the like
manner.

Id., §28.

§ 755, Fixing" Compensation for Conveying

Lunatics to Asylum. — The boards of supervisors in
the respective counties of this State are hereby empowered, and it



BoAKD OF Supervisors — Miscellaneous Duties. 613

shall be their duty, annually to fix and determine the compensation
to be allowed and paid to officers for the conveyance of juvenile
delinquents to the houses of refuge, and of lunatics to the insane
asylums, and no other, or greater, amount than so fixed and deter-
mined shall be allowed and paid for such service.

Id., § 29.

§ 756. Expenses of Insane Criminals at

Asylums, Etc. — By section 32, whenever any insane person
in confinement tmder a criminal charge, or under a conviction for a
crime, or who has been acquitted of crime on the ground of insanity,
shall be committed, as prescribed in the act, to any State lunatic asy-
lum, or to the State Asylum for Insane Criminals at Auburn, the
county in which such criminal charge arose, or such conviction or
acquittal was had, shall defray all the expenses of such person while
at such asylum, and the expense of returning him to such county ;
but the county may recover the amount so paid, from his own estate,
or from any relative, town, city or county that would have been
bound by existing laws to provide for and maintain him else-
where. The Code of Criminal Procedure, section 662, makes a
similar provision as to the expenses of sending a lunatic criminal
under indictment to the asylum, keeping him there and bringing him
back.
Local laws for the support of the insane exist formany counties.

Of the Support of Idiots.

§ 757. By the act of May 12, 1862, to reorganize the State
Asylum for Idiots, and to provide for the government and manage-
ment thereof, the State Asylum for Idiots is to receive and educate,
gratuitously, one hundred and twenty pupils, to be selected in equal
numbers, as near as may be, from each judicial district, from those
whose parents or guardians are unable to provide for their support
therein, to be designated as State pupils. •

No idiot shall be received into said asylum, unless the county
judge of the county liable for his support shall certify that such
idiot is an eligible and proper candidate for admission to said
asylum as aforesaid ; provided, however, that idiots may be received
into said asylum upon the application therefor, signed officially by
any county superintendent of the poor, or by commissioners of
charity of any of the cities of this State, where such commissioners
exist.

Laws of 1862, chap. 220, § 18, as amended by chap. 72, Laws of 187B; 3 R. S. 1937.



614 Supervisors' Manual.

Discharg-e of Pupil and Payment of Expen-
ses. — Whenever the trustees shall direct a State pupil to be dis-
charged from the asylum, the superintendent thereof is authorized to
return such pupil to the county from which he was sent to the asy-
lum, and deliver hira to the keeper of the poor-house of such county ;
and the superintendents of the poor of said county shall audit and
pay the actual and reasonable expenses of such removal, as part of
the contingent expenses of said poor-house. But if any town, county
or person be legally liable for the support of such pupil, the amount
of such expenses may be recovered for the use of the county by snch
superintendents of the poor. If such superintendents of the poor
neglect or refuse to pay such expenses, on demand, the treasurer of
the asylum may pay the same and charge the amount to said county ;
and the treasurer of said county shall pay the same, with interest
after thii-ty days, out of any funds in his hands not otherwise appro-
priated, and the supervisors of the said county shall levy and raise
the amount as other county charges.



Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 67 of 96)