due and necessary orders for his or her security, sustenance and comfort pending the proceeding and expenses thereof, shall be provided for, and paid by the Buffalo Juvenile Asylum. $5. Section seventeen of the said act is hereby amended, so as to read as follows: CHAP. IV. of vicious S17. The said corporation shall have power, and it shall Discharge be their duty whenever any child intrusted or committed to children. their charge shall be found to be so degrated, debased as vicious, as to be an improper subject from their care and management, to discharge such child from the asylum, or if such child was transferred from the county poor house, to return it thereto. Ante, p. 231. $ 6. Section twenty-five of the said act is amended, by inserting therein the word "name" between the words "their" and "sex," so as to require the name of each child to be reported to the legislature, and the common council of the city of Buffalo. $ 7. Section twenty-seven and section twenty-eight of the said act are hereby repealed. convey $8. The county of Erie, by its board of supervisors, is County to hereby authorized, in conformity with a resolution heretofore fo adopted by the board or otherwise, to give and convey to the asylum. Buffalo Juvenile Asylum ten acres on any other portion of its poor-house farm, or in the discretion of said asylum such sum of money as may be deemed reasonable, to be levied and collected as a county charge. CHAP. 43. AN ACT in relation to the New York Juvenile Asylum. 1. The twenty-eighth section of the act entitled "An act to incorporate the New York Juvenile Asylum," passed June thirtieth, eighteen hundred and fifty-one, is hereby amended, and shall read as follows, viz.: to levy $ 28. In each and every year thereafter, the said board of Supervisors supervisors shall, in the same manner, levy and collect by a tax. tax, and pay over to the said New York Juvenile Asylum, for the uses and purposes thereof, ninety dollars per annum, and proportionally for any fraction of a year, for each child which, by virtue and in pursuance of the provisions of this act, shall be entrusted or committed to the said asylum from the city and county of New York, and shall be supported and instructed therein. As amended by Laws of 1863, ch. 94. Post, vol. 6, p. 76. Ante, p. 226. [§ 2 temporary.] PART IV. Offences in refuge. CHAP. 306. AN ACT to amend the act passed May eighth, eighteen hundred and forty-six, entitled "An act to authorize the establishment of the House of Refuge for Juvenile Delinquents in Western New York. PASSED April 17, 1861; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. Whenever it shall appear to the managers of the the house of Western House of Refuge that any of the delinquents therein confined shall have been guilty of attempting wilfully to set fire to any building belonging to the institution, or any combustible matter for the purpose of setting fire to any such building, or that any delinquent shall have been guilty of openly resisting the lawful authority of the officers of the institution, or of attempting, by threat or otherwise, to excite others to do so, or shall, by gross or habitual misconduct, exert a dangerous and pernicious influence over the other delinquents, it shall be lawful for them to submit a written statement of the facts in any such case to a judge of the supreme court, or to the county judge of the county of Monroe, and thereupon to apply to him for an order authorizing the temporary confinement of such delinquent, for correction, in the Monroe county penitentiary. Punishment for same. S2. It shall be the duty of the judge forthwith summarily to inquire into the facts of the case, and if it shall appear to him that the statement is substantially true, and that the case is one in which the ends designed to be accomplished by the institution will be best promoted by it, he shall thereupon make an order authorizing the confinement of the delinquent in the said penitentiary for a limited period to be expressed in the order, and the superintendent or keeper of the said penitentiary is hereby authorized and required to receive such delinquent and detain him during the period expressed in such order, unless the managers shall previously direct him to be returned to the said House of Refuge. Restoration refuge. $3. At the expiration of the period limited by the said CHAP. V. order or sooner, if the said managers shall direct it, the super- to house of intendent or keeper of the said penitentiary shall return such delinquent to the custody and care of the superintendent of the said House of Refuge to be further dealt with according to the laws, rules and regulations ordained for its government. CHAPTER V. Insane Criminals. CHAP. 456. AN ACT to provide for insane criminals. PASSED April 13, 1855; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. § 1. Section ninety-six of the act for the better regulation Act of 1847 of the county and state prisons of the state, and consolidating and amending the existing laws in relation thereto, passed December fourteenth, eighteen hundred and forty-seven, is hereby amended so as to read as follows: The inspectors of the prisons of this state are hereby authorized and required, without delay, to make the necessary and suitable provisions in one of the state prisons of this state, and the removal to such place for safe keeping and proper care, all the insane convicts now in the state lunatic asylum at Utica, and whenever the physician of a state prison shall duly report to the warden of such prison that any convict confined therein, is so far insane as to render him dangerous, or an improper subject of prison discipline, it shall be the duty of said warden to remove such convict to the place so provided, and the officers having charge of such place shall receive such convict and retain him there, at the expense of the state, so long as he or she shall continue insane. Ante, vol. 2, p. 810. terms used. S2. The words "lunatic asylum," "state lunatic asylum," Meaning of or "asylum at Utica," whenever the same occur in the act therein hereby amended, shall be construed to apply to the place for safe keeping and proper care of insane convicts, provided for in the first section of this act. PART IV. Female insane convicts. Designa tion. Inspectors CHAP. 144. AN ACT appropriating money for making provision for insane convicts. PASSED March 20, 1857; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $ 3. So much of chapter four hundred and fifty-six, of the Laws of eighteen hundred and fifty-five, entitled "An act to provide for insane criminals," as requires that female insane convicts shall be removed from the state lunatic asylums, to the place provided for in said act, is hereby repealed, and the female insane convicts shall continue to be sent to the stato lunatic asylums as heretofore. CHAP. 130, AN ACT to organize the State Lunatic Asylum for Insane Convicts. PASSED April 8, 1858; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The building now being erected on the prison grounds at Auburn, for an asylum for insane convicts, shall be known and designated as the State Lunatic Asylum for Insano Convicts. $2. The inspectors of state prisons shall, at the first quarto appoint terly meeting of their board, at the Auburn prison, after the a medical superintendent. Superin reside in the building. passage of this act, appoint a medical superintendent for said asylum, who shall, under the direction of the said inspectors, have the charge of said asylum, and shall make all the purchases for the support of said asylum, and shall account for all moneys coming to his hand in the same manner as the agent and warden of any of the state prisons are now required by law to account. S 3. The said medical superintendent shall reside in the tendent to building, and shall devote all the time necessary, to the cure and treatment of those confined therein for treatment. He shall receive a salary of one thousand dollars per annum, payable monthly, and shall be allowed rations for himself and family, and all necessary fuel and lights for warming and lighting his rooms in said building. Other officers. $ 4. The other officers in said asylum shall be an assistant superintendent and not exceeding six attendants, who shall be recommended by the medical superintendent, and if ap proved of by the board of inspectors of state prisons, shall be appointed as such by said board of inspectors, and shall be paid as follows: The assistant superintendent shall receive thirty dollars per month, payable monthly, and shall also be boarded in and at the expense of said asylum, and the said attendants shall each receive twenty dollars per month and be boarded in said asylum; and the said assistant superintendent shall be and hereby is authorized to administer oaths and affirmations in all matters pertaining to said asylum, but shall not be entitled to charge or receive any fee therefor; and any oath or affirmation administered by him by virtue hereof, shall have the same effect as if taken by and before a notary public or other officer now authorized to administer oaths or affirmations. As amended by Laws of 1865, ch. 734. Post, vol. 6, p. 583. CHAP. V. tendent to $5. The medical superintendent shall file in the office of Superinthe comptroller of this state a bond in the penal sum of ten ale bond. thousand dollars, conditioned for the faithful performance of his duty as such, which bond, before it shall be filed, shall be approved by the board of inspectors, and no such medical superintendent shall enter upon the discharge of the duties of said office till such bond so approved shall have been duly filed as aforesaid. estimate monthly. $6. The superintendent shall estimate monthly, as is now shall provided by law, and subject to the same restrictions and time conditions as in the case of agents and wardens of the state prisons, for all the moneys necessary for the support and maintenance of said asylum, which estimate shall be submitted to and carefully examined by the inspector in charge of the said Auburn prison, who, if he is satisfied that the said estimate is correct, and that the articles named in said estimate are actually needed for the support and maintenance of said asylum, shall certify the same, and on the production of said estimate so certified, to the comptroller, he shall draw his warrant on the treasurer for the amount of said estimate, and the treasurer shall pay the amount of said warrant out of any money in the treasury appropriated for the support of the state prisons. to adopt S 7. The inspectors of state prisons shall adopt such rules Inspectors and regultions, from time to time, as they shall deem proper, rules and for the control and management of the said asylum, and shall regulations. have power to remove any and all the officers in said asylum, for cause, and shall enter such cause in full on the minutes of their proceedings at the asylum. And no officer removed by the said inspectors, for cause, shall be re-appointed to any position in said asylum. to certify as 8. Whenever the physician of either of the state prisons Physicians of this state shall certify to the board of inspectors or to the to insane inspector in charge that any convict confined therein is in- convicts. sane, it shall be the duty of such board or of such inspector |