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have the custody of the moneys, securities and obligations belonging to the hospital, and shall open with some bank, in the vicinity of the hospital, to be selected with the approval of the comptroller, an account in his name as such medical superintendent, and immediately deposit in such bank all moneys received by him as such medical superintendent and treasurer, and shall draw there from only for the use of the hospital and in the manner provided by the by-laws and upon the order of the steward, specifying the object of each payment. He shall keep a full and accurate account of the receipts and payments, as directed by the by-laws, and of such other matters as the superintendent of state prisons may prescribe, and balance all his accounts, annually, on the thirtieth day of September, and within ten days thereafter deliver to the superintendent of state prisons, a statement thereof and an abstract of such receipts and payments for the past year. His books and vouchers shall at all times be open to the inspection of the superintendent of state prisons, who may at any time require of him a statement of his accounts and of the funds and property in his custody.
§ 154. Salaries of resident officers. The superintendent of state prisons shall, from time to time, determine the annual salaries and allowances of the resident officers, and the same shall be paid by the treasurer of the state, on the warrant of the comp troller, out of any moneys in the treasury appropriated for that purpose, to the medical superintendent, on his presenting a bill of particulars thereof, signed by the steward, and properly certified by such medical superintendent. (As amended by chapter 121 of the Laws of 1912.)
§ 155. Powers and duties of medical superintendent and assistants. The medical superintendent shall be the chief executive officer of the hospital and shall:
1. Have the general superintendence of the building and grounds, together with their furniture, fixtures and stock, and the direction and control of all persons therein, subject to the rules and regulations adopted by the superintendent of state prisons, with power to assign their respective duties.
2. Appoint such number of assistant physicians as the necessities of the institution may require, and a steward, all of whom and the medical superintendent, shall, as soon as accommodations are provided, reside on the hospital grounds, and shall be known as the resident officers of the hospital.
3. Appoint such and so many attendants and other subordinate employees as he may think proper and necessary for the economical and efficient administration of the affairs of the hospital, and prescribe their several duties and places, and fix, with the approval of the superintendent of state prisons, their compensation, and discharge any of them at his sole discretion; but in every case of discharge, so occurring, he shall, forthwith, enter the same with the reasons therefor, under an appropriate heading, in one of the record books of the hospital.
4. Give, from time to time, such orders and instructions as he may deem best calculated to insure good conduct, fidelity and economy in every department of labor and expense.
5. Maintain salutary discipline among all who are employed by the institution, and enforce strict compliance with all instructions and orders given by him, and uniform obedience to all the rules and regulations of the hospital.
6. Cause full and fair accounts and records of all his doings, and of the entire business and operations of the institution, to be kept regularly, from day to day, in books provided for that purpose, in the manner and to the extent prescribed in the by-laws.
7. See that all accounts and records are fully made up to the last day of September in each year, and present the principal facts and results, with his report thereon, to the superintendent of state prisons, within forty days thereafter. The resident officers, before entering upon their duties as such, shall severally take and file in the office of the secretary of state, the constitutional oath of office. The first assistant physician shall perform the duties and be subject to the responsibilities of the superintendent in his sickness or absence. The steward may personally purchase any supplies for the use of such hospital, but only in the name of the medical superintendent, and in each instance by his direction and not otherwise.
(As amended by chapter 121 of the Laws of 1912.)
§ 156. Monthly estimates. The medical superintendent shall cause an estimate to be made monthly, in accordance with forms to be approved by the state comptroller, of all moneys necessary for the support and maintenance of the hospital, which may be required to supplement the deficiencies in the earnings thereof. Such estimate shall be submitted to and examined by the superintendent of state prisons, who, if he is satisfied that it is correct, and that the articles named therein are actually needed for the support and maintenance of the hospital, shall certify to the same, and on production of such estimate so certified, to the comptroller, he shall draw his warrant on the state treasurer for the amount thereof, and the state treasurer shall pay such amount to the medical superintendent of the hospital, out of any money in the treasury appropriated for the support of such hospital.
§ 157. Power of removal. The superintendent of state prisons may remove the medical superintendent, for cause shown, after an opportunity to such superintendent to be heard thereon, and such officer shall not be reappointed to the office of medical superintendent, or to any other position in said hospital.
§ 158. Transfer of prisoners in state prisons, reformatories and penitentiaries to Dannemora State Hospital. Whenever the physician of any one of the state prisons, reformatories or penitentiaries shall certify to the warden or superintendent thereof, that a male prisoner confined therein and sentenced thereto for a felony, is, in his opinion, insane, such warden or superintendent shall cause such prisoner to be transferred to the Dannemora State Hospital and delivered to the medical superintendent thereof. Such superintendent shall receive the prisoner into such hospital, and retain him there until legally discharged. The warden or superintendent, before transferring such insane prisoner, shall see that he is in a state of bodily cleanliness, and is provided with a new suit of clothing similar to that furnished to convicts on their discharge from prison. At the time of such transfer, there shall be transmitted to the medical superintendent of such hospital the original certificate of conviction and the certificate of insanity executed by the physician, which shall be filed in the office of such medical superintendent,
who shall file a notice of such transfer in the office of the superintendent of state prisons. (As amended by chapter 121 of the Laws of 1912.)
§ 159. Retention of insane convicts after the expiration of their terms. When the term of a convict confined in Dannemora State Hospital has expired, and, in the opinion of the medical superintendent, such convict continues insane, the medical superintendent shall apply to a judge of a court of record to cause an examination to be made of such person, by two legally qualified examiners in lunacy, other than a physician connected with such hospital, qualified to act as medical examiners in lunacy. Such examiners shall be designated by the judge to whom the application is made. Such examiners, if satisfied, after a personal examination, that such convict is insane, shall make a certificate to such effect in the form and manner prescribed by article three of this chapter, for the commitment of insane persons to state hospitals. Such superintendent shall apply to a judge of a court of record for an order authorizing him to retain such convict at the Dannemora State Hospital, accompanying such application with such certificate in lunacy. Such judge, if satisfied that such convict continues insane, shall issue such order of retention, and such superintendent shall thereupon retain the convict at Dannemora State Hospital until discharged as provided by law. The certificate in lunacy and order of retention shall be kept by the medical superintendent in his office, and a copy thereof shall be filed in the office of the state hospital commission. The costs necessarily incurred in determining the question of insanity, including the fees of the medical examiners, shall be a charge upon the amount appropriated for the support and maintenance of the Dannemora State Hospital, and be paid in the same manner as are other expenses of such hospital. (As amended by chapter 121 of the Laws of 1912.)
§ 160. Discharge of insane convicts after expiration of terms. The medical superintendent of the Dannemora State Hospital may discharge and deliver any patient whose sentence has expired, and who is still insane, but who, in the opinion of the superintendent, is reasonably safe to be at large, to his
relatives or friends who are able and willing to comfortably maintain him, without further public charge; and such patient may, in the discretion of the medical superintendent, be provided with the whole or a portion of such allowances as are hereinafter granted to recovered convicts. Whenever any convict, who, by reason of his insanity, shall have been retained beyond the date of the expiration of his sentence, shall recover, he may be discharged by the medical superintendent, and such convict shall be entitled to ten dollars in money, suitable clothing and a railroad ticket to the county of his conviction or to such other place as he may designate at no greater distance. Any convict in the Dannemora State Hospital, whose term of imprisonment has expired by commutation or otherwise, and who is not recovered, may, upon an order of the state hospital commission, be transferred to any institution for the insane. (As amended by chapter 121 of the Laws of 1912.)
§ 161. Convicts on recovery to be transferred to prison. Whenever any convict, who shall have been confined in such hospital as an insane person, shall have recovered before the expiration of his sentence and the medical superintendent thereof shall so certify in writing to the warden or superintendent of the institution, from which such convict was received, or to which the superintendent of state prisons may direct that he be transferred, such convict shall forthwith be transferred to the institution from which he came, by the medical superintendent of the hospital, or, if received from one of the state prisons, to such state prison as the superintendent of state prisons may direct; and the warden or superintendent of such institution shall receive such convict into such institution, and shall, in all respects, treat him as when originally sentenced to imprisonment.
§ 162. Certificate of conviction to be delivered to medical superintendent and copy filed. Whenever a convict is transferred to the Dannemora State Hospital, the warden or superintendent in charge of the prison, penitentiary or reformatory from which such convict is transferred, shall cause a copy of the original certificate of conviction of such convict to be filed in the office of such warden or superintendent, and shall deliver the original certificate to the medical superintendent of such hospital;