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lars. One of such commissioners shall be a reputable attorney and counsellor-at-law of the courts of this state of not less than ten years' standing, who shall receive an annual salary of three thousand dollars. The third commissioner shall be a reputable citizen, and shall receive ten dollars per day for actual services rendered as a member of the commission. Such salaries may be fixed by the governor, secretary of state and comptroller, at differ. ert amounts than those prescribed in this section, whenever in their discretion such amounts should be changed. Each commissioner shall receive annually twelve hundred dollars, payable monthly, in lieu of his traveling and incidental expenses. The full term of office of a commissioner shall be six years. Where the term of office of a commissioner expires at a time other than the last day of December, the term of office of his successor is abridged so as to expire on the last day of December, preceding the time when such term' would otherwise expire, and the term of office of each commissioner thereafter appointed shall begin on the first day of January. The commissioners shall be appointed by the governor, by and with the advice and consent of the senate.
[L. 1889, ch. 283, SS 1-5, as amended by | L. 1890, ch. 273, There have been omitted from § 1 the temporary provisions relating to the creation of the first commission.
The matter relating to the filling of vacancies, and the taking and filing of oaths of office is omitted since it is amply covered by Pub. Off. L., $$ 10 and 28. The sentence providing that the salaries of the commissioners may be fixed by the governor, secretary of state and comptroller was not included in the bill as originally submitted to the legislature by this commission. It was inserted in the committee of the assembly.]
§ 4. Office and clerical force of commission. — The commission shall be provided by the proper authorities with a suitably fur. nished office in the state capitol, where it shall hold stated meetings at least once in three months. It may hold other
meetings, at such office or elsewhere, as it may deem neces. sary. It may employ a secretary, a stenographer and such other employed as may be necessary. The salaries and reasonable expenses of the commission and of the necessary clerical assistants shall be paid by the treasurer of the state on the warrant of the comptroller, out of any moneys appropriated for the support of the insane.
[L. 1889, ch. 283, § 6, as amended by | L. 1890, ch. 273,
without material change. The limit to be appropriated for salaries is omitted. Since the passage of the act creating the commission, their powers and duties have been increased and consequently the legislature has disregarded the limit by this section. The part relating to the power of the secretary to attest papers is re-enacted in the next section.)
§ 5. Official seal and execution of papers. The commission shall have an official seal. Every process, order or other paper issued or executed by the commission, may, by the direction of the commission, be attested, under its seal, by its secretary or by any member of the commission, and when so attested shall be deemed to be duly executed by the commission.
TL. 1889, ch. 283, SS 6 and 14, as amended by | L. 1890, ch. 273, The commission, by $ 843 of the code of civil procedure, has the power to administer oaths in all matters which they are required to investigate. By $ 933 of the code copies of all papers filed in a public office, having an official seal, may be introduced as evi. dence upon a proper certification by the officer having charge of such papers. It is then only necessary to re-enact the part of this section relating to the official seal.]
$ 6. General powers. The commission is charged with the execution of the laws relating to the custody, care and treatment of the insane, as provided in this act, not including
feeble-minded persons and epileptics as such and idiots. They shall examine all institutions, public and private, authorized by law to receive and care for the 'insane, and inquire into their methods of government and the management of all such persons therein. They shall exam. ine into the condition of all buildings, grounds and other property connected with any such institution, and into all mat. ters relating to its management. For such purpose each commissioner shall have free access to the grounds, buildings and all books and papers relating to any such institution. All persons connected with any such institution shall give such informa. tion, and afford such facilities for any such examination or Inquiry as the commissioners may require. The commission may, by order, appoint a competent person to examine the books, papers and accounts, and also into the general condition and management of any institution to the extent deemed necessary and specified in the order.
(L. 1889, ch. 283, § 10, as amended by
without change in substance. The last sentence is new. By § 11 of article 8 of the constitution, the state commission in lunacy is made a constitutional body and the power conferred upon them to visit and inspect institutions for the insane, not including institutions for epileptics and idiots.]
7. Official visits.—The commission, or a majority thereof, shall visit every such institution at least twice in each calendar year. Such visits shall be made jointly or by a majority of the commission on such days and at such hours of the day or night, and for such length of time, as the visiting commissioners may choose. But each commissioner may make such other visits as he or the commission may deem necessary. Each visit shall include, to the fullest extent deemed necessary, an inspection of every part of each institution, and all the out-houses, places, buildings and grounds belonging thereto or used in con. nection therewith. The commissioners shall, from time to time,
make an examination of all the records and methods of adminis tration, the general and special, dietary, the stores and methods of supply, and, as far as circumstances may permit, of every patient confined therein, especially those admitted since the preceding visit, giving such as may require it suitable opportunity to converse with the commissioners apart from the officers and attendants. They shall, as far as they deem necessary, examine the officers, attendants and other employes, and make such inquiries as will determine their fitness for their respective duties. At the next regular or special meeting of the commission, after any such visit, the visiting commissioners shall report the result thereof, with such recommendations for the better management or improvement of any such institution, as they may deem necessary. But such recommendations shall not be contrary to the doctrines of the particular school of medicine adopted by such institutions. The commissioners shall, from time to time, meet the managers or responsible authorities of such institutions, or as many of the number as practicable, in conference, and consider, in detail, all questions of management and improvement of the institution, and shall also send to them, in writing, if approved by a majority of the commissioners, such recommendation in re gard to the management and improvement of the institution as they may deem necessary or desirable.
ÇL. 1889, ch. 283, § 11, as amended by
without change in substance. The part relating to recommendations is new. It is not required here as in the old law to enter at length the result of the inspection in the “ commissioners' visiting book.” This has been proved by experience to be of no practical value.]
§ 8. Regulations and forms.— The commission shall make such regulations in regard to the correspondence of the insane in cus. tody as in its judgment will promote their interests, and it shall be the duty of the proper authorities of each institution to comply with and enforce such rules and regulations. All such insane
shall be allowed to correspond without restriction with the county judge and district attorney of the county from which they were committed. The books of record and blank forms for the official use of the hospitals shall be uniform, and shall be approved by the commission.
[L. 1889, ch. 283, § 19, as amended by
L. 1890, ch. 273,
L. 1895, ch. 693. The last two sentences are new in the statute, although the commission in lunacy have formerly made similar requirements by means of rules and regulations.
§ 9. Annual report. The commission shall, annually, report to the legislature its acts and proceedings for the year ending September thirtieth last preceding, with such facts in regard to the management of the institutions for the insane as it may deem necessary for the information of the legislature, including estimates of the amounts required for the use of the state hospitals and the reasons therefor; and also the annual reports made to the commission by the board of managers of each state hospital and by the State Charities Aid association.
[L. 1889, ch. 283, § 18, as amended by
L. 1890, ch. 273,
without change in substance. The part relating to the including of the annual reports of the boards of managers and of the State Charities Aid Association is new. The report formerly required did not contain estimates
of amounts required for the use of state hospitals. This change · is made because of the estimate system adopted in 1893.]
§ 10. State hospital districts; how defined.— The state commis. sion in lunacy shall divide the state into as many state hospital districts as there are state hospitals. No county shall be divided in such classification, unless more than one of the existing state hospitals be situated within such county. Whenever the com