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That the incorporation of repealed matter into the Consolidated Laws does not have the effect of re-enacting it is provided in chapter 506 of the Laws of 1909, which prescribes rules for the construction of the Consolidated Laws. Hence sections 50 and 51 contain the law relative to the matters referred to in your above mentioned communications.

Yours very truly,


Traveling expenses of managers or trustees of State charitable institutions may be paid either by authorization of the board of trustees, or by the approval of the Fiscal Supervisor.


ALBANY, September 3, 1910.

Hon. DENNIS MCCARTHY, Fiscal Supervisor, Albany, N. Y.:

DEAR SIR.- In reply to your favor of August 30th, asking for my opinion as to the construction of the last sentence of the Appropriation Law, chapter 512, Laws of 1910, I would say that I am of opinion that a manager, trustee or officer of any State charitable institution may be reimbursed for his actual traveling expenses while in the performance of official duties, other than attending meetings of the board at the office of the institution, in either of two cases: first, when authorized by resolution of the board of managers of the institution of which he is a member; second, when he has the approval of the Fiscal Supervisor of State Charities, and that it is no longer required that the resolution of the board of managers be approved by the Fiscal Supervisor. Yours very truly,


§ 52. Except as may otherwise be specifically provided by law all admissions to the state charitable institutions shall be through commitment from the several counties of the state by the county superintendents of the poor of such counties, or other officer acting in that capacity, and from the city of New York by the commissioner of public charities of such city, or his deputy designated for that purpose. In the admission of such patients or inmates the several counties and the city of New York shall, so far as practicable, be entitled annually to the admission of patients or inmates to the said state charitable institutions in the ratio which the population of such counties and the city of New York, respectively, bears to the population of the state as ascertained by the last official census. (Added by chapter 843 of the Laws of 1911.)


Syracuse State Institution for FeebleMinded Children

Section 60. Institution for idiots or feeble-minded children. 61. General powers and duties of boards of managers. 62. Salaries of officers.

63. Managers may hold donations in trust.

64. By-laws.

65. Duties of superintendent.

66. Duties of treasurer.

67. Meetings and records of board of managers.

68. Manner of receiving pupils.

69. Discharge of state pupils and payment of expenses.

70. Expense of clothing state pupils.

71. Consent of board of managers to construction of intercepting sewer system.

§ 60. Institution for idiots or feeble-minded children. The management of the Syracuse state institution for feeble-minded children at Syracuse shall continue to be in a board of managers, appointed in accordance with the provisions of section 51 of this chapter. (As amended by chapter 449 of the Laws of 1910.)

§ 61. General powers and duties of boards of managers. Four members of the board shall constitute a quorum for the transaction of business. The board shall have the general direction and control of all the property and concerns of the institution, and shall take charge of its general interests and see that its general design is carried into effect, according to law and the by-laws, rules and regulations of the institution. It shall appoint a superintendent, who shall be a well educated physician, and a treasurer, who shall reside in the city of Syracuse, and shall give an undertaking to the people of the state for the faithful performance of his trust, in such sum and with such sureties as the comptroller shall approve. Such board shall, annually, on or before the first day of February, report to the legislature the

condition of the institution. (As amended by chapter 449 of the Lav's of 1910.)

§ 62. Salaries of officers. The board shall, from time to time, determine the annual salaries and allowances of the resident officers of the institution in accordance with the provisions of section seventeen of the state finance law. Such salaries and allowances shall be paid monthly by the treasurer of the institution in the same manner as other claims against the institution. (As amended by chapter 449 of the Laws of 1910.)


§ 63. Managers may hold donations in trust. managers may take, and hold in trust for the state, any grant or devise of land, or any donation or bequest of money or other personal property, to be applied to the maintenance and education of feeble-minded children and the general use of the institution.

§ 64. By-laws. The managers may establish by-laws regulating the appointment and duties of officers, teachers, attendants and assistants; fixing the conditions of admission, support and discharge of pupils; and for conducting in a proper manner the business of the institution; and ordain and enforce a suitable system of rules and regulations for the internal government, discipline and management of the institution.

§ 65. Duties of superintendent.

The superintendent

shall be the chief executive officer of the institution. He shall. subject to the supervision of the board of managers and the bylaws and regulations established by them,

1. Have the general superintendence of the buildings, grounds and farm, with their furniture, fixtures and stock, and the direction and control of all persons employed in and about the same; 2. Appoint a steward, a medical assistant and a matron, who, with the superintendent, shall constantly reside in the institution or upon premises adjoining, and shall be termed the resident officers thereof;

3. Employ such teachers, attendants and assistants as he may think proper and necessary to economically and efficiently carry into effect the design of the institution; prescribe their several

duties and places, fix their compensation, and discharge any of them;

4. Give, from time to time, such orders and instructions as he may deem best calculated to induce good conduct, fidelity and economy, in any department of labor and expense;

5. Maintain salutary discipline among all who are in the employ of the institution, and enforce strict compliance with his instructions, and uniform obedience to all the rules and regulations of the institution;

6. Cause full and fair accounts and records of all his doings, and of the entire business and operations of the institution, with the condition and prospects of the pupils, to be kept regularly, from day to day, in books provided for the purpose;

7. See that such accounts and records shall be fully made up to the first days of April and October in each year, and that the principal effects and results, with his report thereon, be presented to the board at its semi-annual meetings;

8. Conduct the official correspondence of the institution and keep a record of the applications received, and the pupils admitted;

9. Prepare and present to the board at its annual meetings, when required, an inventory of all personal property and effects belonging to the institution;

10. Account, when required, for the careful keeping and ecouomical use of all furniture, stores and other articles furnished for the institution;

11. Enter in a book to be provided and kept for that purpose, at the time of the admission of each pupil to the institution, a minute, with the date, name, residence of the pupil, and of the persons on whose application he is received; with a copy of the application, statement, certificate and all other papers accom panying such pupil; the originals of which he shall file and carefully preserve.

§ 66. Duties of treasurer. The treasurer shall,

1. Have the custody of all moneys, notes, mortgages and other securities and obligations belonging to the institution;

2. Keep a full and accurate account of all receipts and payments, as directed in the by-laws, and such other accounts as shall be required of him by the managers;

3. Balance all the accounts on his book on the first day of each October, and make a statement thereof, and an abstract of all the receipts and payments of the past year; and, within three days thereafter, deliver the same to the auditing committee of the managers, who shall compare the same with his books and vouchers, and verify the same by a further comparison with the books of the superintendent, and certify the correctness thereof to the managers at their annual meeting;

4. Render a quarterly statement of his receipts and payments to such auditing committee, who shall, in like manner as above, compare, verify, report and certify the result thereof to the managers at their next meeting, who shall cause the same to be recorded in one of the books of the institution;

5. Render a further account of the state of his books and of the funds and other property in his custody, whenever required by the managers;

6. Receive for the use of the institution any and all sums of money which may be due upon any notes or bonds in his hands, belonging to the institution, any and all sums charged and due to the institution for the support of any pupil therein, or for actual disbursements made in his behalf for necessary clothing and traveling expenses;

7. Prosecute an action in his name as such treasurer, to recover any sum of money that may be due or owing to the institution;

8. Execute a release and satisfaction of a mortgage, judgment or other lien, in favor of the institution, when paid, so that the same may be discharged from record.

(As amended by chapter 449 of the Laws of 1910.)

§ 67. Meetings and records of board of managers. The board of managers shall maintain an effective inspection of the affairs and management of the institution, for which purpose they shall meet at the institution monthly, at such times as the by

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