facture such supplies and materials to be used in any of such hospitals as can be economically made therein. All goods for the use of the hospitals shall be bought, as far as practicable, of manufacturers or their immediate agents. All contracts, if let, shall, subject to the provisions of section thirty-nine, relating to estimates, be awarded to the lowest responsible bidders. A member of the commission or an officer, manager or employee of a state hospital shall not receive a gift or reward for himself or the hospital from any person, firm or corporation dealing in goods or supplies suitable or necessary for the use of the hospital. All purchases and contracts made and executed in pursuance of law, prior to June first, nineteen hundred and five, shall thereafter be given full force and effect, notwithstanding the change in the management of the state hospitals. § 25. Section forty-six of said chapter five hundred and fortyfive of the laws of eighteen hundred and ninety-six, as amended by chapter twenty-six of the laws of nineteen hundred and two, is hereby amended to read as follows: § 46. Actions against commissioners in lunacy, managers or officers of state hospitals.-No civil action shall be brought in any court against the commission, or a commissioner in lunacy, or an officer or a manager of a state hospital, for alleged damages because of any act done or failure to perform any act, while discharging their official duties, without leave of a judge of the supreme court, first had and obtained. Any just claim for damages against such commission or commissioner, officer, manager, or employee for which the state would be legally or equitably liable, may be paid out of any moneys appropriated for the care of the insane. § 26. Section fifty-one of said chapter five hundred and forty-five of the laws of eighteen hundred and ninety-six as amended by chapter three hundred and eighty of the laws of nineteen hundred, and chapter twenty-six of the laws of nineteen hundred and two, is hereby amended to read as follows: § 51. Manhattan state hospital; docks, ferry-boats, and removal of dead bodies.-After notice has been given to the board of managers of the Manhattan state hospital and an opportunity has been afforded them for a hearing, the commission is hereby authorized to acquire by purchase or by lease, for the use of the Manhattan state hospital, in the city of New York, at some point as nearly opposite Ward's island as may be available, a dock which shall be suitable for the purpose of a landing and a depot for the general use of the hospital; also to purchase or lease one or more suitable steamboats to be used for the conveyance of patients and supplies to and from such hospital. Until the state provides a cemetery for the use of the hospital the commissioner of public charities of the city of New York shall continue to remove the dead bodies of insane patients from Ward's island, and to provide for the burial of the unclaimed dead as prescribed by law prior to the passage of chapter two of the laws of eighteen hundred and ninety-six, and also to afford transportation by their steam ferry-boats for such bodies as are claimed by friends at the hospital, such removal to be made within twenty-four hours after receipt of notice from the superintendent of the Manhattan state hospital. § 27. Section fifty-two of said chapter five hundred and fortyfive of the laws of eighteen hundred and ninety-six, as amended by chapter three hundred and eighty of the laws of nineteen hundred, is hereby amended to read as follows: § 52. Acquisition of property for use of state hospitals by condemnation and otherwise. The state commission in lunacy may acquire, under the condemnation law, such real estate, right or interest therein as may be necessary for the construction, maintenance and accommodation of a state hospital, if unable to agree with the owner thereof for its purchase. The proceedings for the purpose of acquiring such real estate, right or interest therein, shall be instituted and maintained in the name of the people of the state of New York, by the attorney-general or by such counsel as the governor or attorney-general may designate for that pur pose, upon the certificate of such commission as to the necessity of acquiring such real estate, right or interest therein, approved and endorsed by the governor. The commission may acquire and hold in the name of and for the people of the state of New York, by grant, gift, devise or bequest, property to be applied to the maintenance of insane persons in and for the general use of a hospital. § 28. Section fifty-three of said chapter five hundred and fortyfive of the laws of eighteen hundred and ninety-six, as amended by chapter three hundred and eighty of the laws of nineteen hundred and chapter twenty-six of the laws of nineteen hundred and two, is hereby amended to read as follows: § 53. Erection, repairs and improvements of state hospital buildings. Except as hereinafter in this section provided, all plans and specifications for the erection, repairs and improvements of state hospital buildings shall be prepared by the state architect, and he may employ such experts, engineers and assistants as may be necessary for the proper conduct of such work, whose compensation shall be fixed by said architect, with the approval of the commission, and shall be paid by the treasurer of the hospital where the work is to be performed, out of any moneys allotted by the commission for that purpose. The supervising engineer of the state commission in lunacy shall, when directed by the commission, prepare plans and specifi cations for the installation, repairs and improvements of the mechanical appliances and fixtures in the existing state hospi tals, which before adoption shall be approved by the state architect. Before adopting any plans or specifications for the erection, repair or improvement of a state hospital building the commission shall submit the plans and specifications therefor to the board of managers of such hospital, and shall allow such board a period of not less than fifteen, nor more than sixty, days in which to submit a statement of their opinions and suggestions in regard to such plans and specifications. Contracts for such erection, repairs and improvements may be let by the commission, subject to the approval of the governor and comptroller, for the whole or any part of the work to be performed, and in the discretion of the commission, such contracts may be sublet. The comptroller and the commission shall determine to what extent and for what length of time advertisements are to be inserted in newspapers for proposals for the erection, repairs or improvements of state hospital buildings. A preliminary deposit, or certified check drawn upon some legally incorporated bank in this state, shall in all cases be required as an evidence of good faith, upon all proposals for buildings, repairs and improve ments, to be deposited with the treasurer of the hospital for which the work is to be performed, in an amount to be determined by the state architect. All contracts for the erection, repairs or improvements to hospitals, shall contain a clause that the contract shall only be deemed executory to the extent of the moneys available, and no liability shall be incurred by the state beyond the moneys available for the purpose. The commission is directed, to the fullest extent deemed practicable, to provide additional buildings for the removal of the insane from the Long Island state hospital at Flatbush. § 29. Section seventy-four of said chapter five hundred and forty-five of the laws of eighteen hundred and ninety-six, as amended by chapter twenty-six of the laws of nineteen hundred and two is hereby amended to read as follows: § 74. Discharge of patients.-The superintendent of a state hospital, on filing his written certificate with the commission, may discharge any patient, except one held upon an order of a court or judge having criminal jurisdiction in an action or proceeding arising out of a criminal offense at any time, as follows: 1. A patient who, in his judgment, is recovered. 1-a. A patient who, in his opinion, is a dotard, not insane. 2. Any patient who is not recovered but whose discharge, in the judgment of the superintendent, will not be detrimental to the public welfare, or injurious to the patient; provided, however, that before making such certificate, the superintendent shall satisfy himself, by sufficient proof, that friends or relatives of the patient are willing and financially able to receive and properly care for such patient after his discharge. When the superintendent is unwilling to certify to the discharge of an unrecovered patient upon request, and so certifies in writing, giving his reasons therefor, any judge of a court of record in the judicial district in which the hospital is situated may, upon such certificate and an opportunity of a hearing thereon being accorded the superintendent, and upon such other proofs as may be produced before him, direct, by order, the discharge of such patient, upon such security to the people of the state as he may require, for the good behavior and maintenance of the patient. The certifi cate and the proof and the order granted thereon shall be filed in the clerk's office of the county in which the hospital is situated, and a certified copy of the order in the hospital from which the patient is discharged. The superintendent may grant a parole to a patient not exceeding thirty days, under general conditions prescribed by the commission. The commission may, by order, discharge any patient in its judgment improperly detained in any. institution. A poor and indigent patient discharged by the superintendent, because he is an idiot, or a dotard not insane, or an epileptic, not insane, or because he is not a proper case for treatment within the meaning of this chapter, shall be received and cared for by the superintendent of the poor or other author. ity having similar powers, in the county from which he was com mitted. A patient, held upon an order of a court or judge having criminal jurisdiction, in an action or proceeding arising from a criminal offense, may be discharged upon the superintendent's certificate of recovery, approved by any such court or judge. § 30. This act shall take effect June first, nineteen hundred and five. Chap. 491. AN ACT to amend the banking law, relative to loans upon the second or divided mortgage plan. Became a law, May 17, 1905, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section one hundred and seventy-nine of chapter six hundred and eighty-nine of the laws of eighteen hundred and ninety-two, entitled "An act in relation to banking corporations," as amended by chapter seven hundred and five of the laws of eighteen hundred and ninety-four, chapter four hundred and fiftytwo of the laws of eighteen hundred and ninety-six and chapter three hundred and twenty-eight of the laws of nineteen hundred and one, is hereby amended to read as follows: § 179. Security for loans. For every loan made, except as hereinafter provided in this section, a bond secured by a first mortgage on real estate, shall be given, accompanied by a transfer and pledge to the association of the shares borrowed upon and all accumulations that have or shall accrue thereon, as collateral security for the repayment of the loan; or, in lieu of the mortgage, the borrower or another, may transfer and pledge to the association for the payment of the loan, free shares, the withdrawal value of which under the by-laws at the time of such borrowing shall exceed the amount borrowed and interest thereon for six months, and all fines that could accrue in case the bor rower should default in the payment of the dues upon the shares borrowed upon, but an association may provide by its by-laws |