3. Hudson River State hospital, near the city of Poughkeepsie, in the county of Dutchess. 4. Buffalo State hospital, in the city of Buffalo, county of Erie. 5. Middletown State Homeopathic hospital, at Middletown, in the county of Orange. 6. Binghamton State hospital, at Binghamton, in the county of Broome. 7. Rochester State hospital, at the city of Rochester, in the county of Monroe. 8. Saint Lawrence State hospital, near the city of Ogdens burg, in the county of Saint Lawrence. 9. Collins State Homeopathic hospital for the insane, in the town of Collins, county of Erie. 10. Long Island State hospital, at Kings Park, Suffolk county, Long Island. 11. Manhattan State hospital, in New York city and at Central Islip, Suffolk county. [L. 1890, ch. 132, §§ 1-7; L. 1891, ch. 335, § 1; L. 1894, ch. 707, § 1; L. 1895, ch. 628, § 1; L. 1896, ch. 2, § 1. The act of 1890 changed the names of the insane asylums then existing; the act of 1894 established the Collins State Homeopathic hospital; that of 1895, the Long Island State hospital, and that of 1896, the Manhattan State hospital.] § 31. Managers of state hospitals and their terms of office.Each state hospital shall be under the control and management of its present board of managers or trustees, subject to the statutory powers of the commission, and to the provisions of this sec tion as to the modification of their terms of office and the number of such trustees. Such trustees or managers shall hereafter be termed managers. On or before the thirty-first of December, after this chapter takes effect, and at which time the terms of the managers then in office shall expire, the governor shall appoint a board consisting of seven members for each state hospital by so arranging terms of one, two, three, four, five, six and seven years, that a term shall expire on the thirty-first day of December in each year, beginning with the year eighteen hundred and ninety-seven. If a vacancy occur otherwise than by expiration of term, the appointment of a manager to fill such vacancy shall be for the unexpired term of the manager whose office became vacant; but the provisions of this section shall not apply to the Middletown State Homeopathic hospital at Middletown. in the county of Orange, where the number of managers shall be thirteen. [This section is new. By the statutes now in force, the number of managers and their terms of office varies in the different hospitals. Utica hospital is controlled by nine managers, appointed for three years (L. 1874, ch. 446, tit. III, § 1); Willard hospital by eight trustees for eight years (L. 1874, ch. 446, tit. IV, § 1); Hudson River State hospital by nine managers for six years (L. 1874, ch. 446, tit. V, § 1); Buffalo State hospital by ten managers for six years (L. 1874, ch. 446, tit. VI, §§ 1, 2); Middletown State hospital by thirteen managers for six years (L. 1875, ch. 634, p. 808); Binghamton State hospital by eleven managers for six years (L. 1879, ch. 3280, § 1; L. 1880, ch. 61, § 1); St. Lawrence State hospital, ten managers for six years (L. 1887, ch. 575, § 1); Rochester State hospital, nine managers for nine years (L. 1891, ch. 338, § 2); Long Island State hospital, seven managers for seven years (L. 1895, ch. 628, § 4); Collins Farm State hospital, three managers for six years (L. 1894, ch. 707). This section, as submitted to the legislature by the commission in their draft of this law, was as follows: § 31. Managers of state hospitals and their terms of office.Each state hospital shall be under the control and management of its present board of managers or trustees, subject to the powers' of the commission, and to the provisions of this section as to the modification of their terms of office and the number of such trustees. Such trustees or managers shall hereafter be termed managers. On or before the first Tuesday in January after this chapter takes effect, the governor shall modify the terms of office of the managers of each state hospital then in office, so that the term of office of one manager shall expire on the thirty-first day of December of such year, and of each year thereafter. If in any such state hospital the number of managers be more than seven no manager shall be appointed therefor, until such number be reduced by expiration of term to less than seven. Thereafter the number of managers shall be seven, and the term of office of the manager appointed to fill the vacancy caused by such expiration of term shall be seven years. If a vacancy occur otherwise than by expiration of term, the appointment of a manager to fill such vacancy shall be for the unexpired term of the manager whose office became vacant. If, in any state hospital, there are less than seven managers in office when this chapter takes effect, the governor shall appoint managers to make up the number of seven, and on or before the first Tuesday in January, after this chapter takes effect, he shall classify the managers of such hospital, so that the term of one manager shall expire on the thirtyfirst day of December of that year, and each year thereafter.] § 32. Appointment and removal of managers. The managers and their successors appointed after the appointment and classification made pursuant to the preceding section, shall severally be appointed by the governor, by and with the advice and consent of the senate, as often as a vacancy shall occur by expiration of term, or otherwise; and they may severally continue in office until their successors are appointed and have qualified; and they shall be subject to removal by the governor upon cause shown and an opportunity to be heard. All managers hereafter appointed shall reside in the hospital district in which the hospital is situated for which they are respectively appointed, but no person shall be eligible to the office of manager who is either an elective state officer or a member of the legisla ture, and if any such manager shall become a member of the legis lature or such elective state officer, his office as manager shall be vacant. All the managers of the Middletown State Homeopathic hospital and of the Collins State Homeopathic hospital may be appointed from any portion of the state and shall be adherents of homeopathy. If any manager fails for one year to attend the regular meetings of the board of which he is a member, his office shall be vacant, and the board by resolution shall so declare, and a certified copy of every such resolution shall forthwith be transmitted by the board to the governor. [L. 1874, ch. 446, tit. III, § 1; tit. IV, § 1; tit. V, § 1; tit. VI, §§ 1, 2; tit. VII, § 1; R. S., 8th ed., pp. 2162-2172, L. 1876, ch. 121, R. S., 8th ed., p. 2177, L. 1879, ch. 280, § 1, as amended by L. 1889, ch. 427; R. S., 8th ed., p. 2178, L. 1887, ch. 375, § 1; R. S., 8th ed., p. 2189, L. 1895, ch. 628, § 4. The provisions of these acts relating to the appointment and removal of managers are here re-enacted and made uniformly applicable to all the state hospitals. There is no material change made as the same provisions are somewhere contained in the acts establishing the several hospitals.] § 33. General powers and duties of boards of managers.- Subject to the statutory powers of the commission, each board of managers shall have the general direction and control of all the property and concerns of the institution over which they are respectively appointed, not otherwise provided by law. They 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 the hospital. All lands necessary for the use of state hospitals shall be acquired by condemnation as lands for public use are acquired, except those by gift, devise or purchase, the terms of which purchase shall be approved by the commission and the state comptroller. No public street or road for railroad or other purposes shall be opened through the lands of a state hospital, unless the legislature, by special act, consents thereto. The managers shall not receive any compensation for their services, but shall receive actual and necessary traveling and other expenses, to be paid after audit as other current expen. ditures of the hospital. Each board shall: 1. Take care of the general interests of the hospital and see that its design is carried into effect, according to law, and its by-laws, rules and regulations. 2. Establish such by-laws, rules and regulations as they may deem necessary and expedient for regulating the appointment and duties of officers and employes of the hospital, and for the internal government, discipline and management of the same. 3. Maintain an effective inspection of the hospital, for which purpose a majority of the board shall visit the hospital at least every three months, and the whole board once a year, and at such other times as may be prescribed in the by-laws. 4. Keep in a book provided for that purpose, a fair and full record of their doings, which shall be open at all times to the inspection of the governor of the state, the commissioners in lunacy, or any person appointed by the governor, the commission in lunacy, or either house of the legislature to examine the same. 5. Cause to be typewritten within ten days after each meeting of such managers, or a committee thereof, the minutes and proceedings of such meeting, and cause a copy thereof to be sent forthwith to each member of such board and to the commission. 6. Enter in a book kept by them for that purpose, the date of each of their visits, and the condition of the hospital and patients, and all such managers present shall sign the same. 7. Make to the commission, in October of each year, a detailed report of the results of their visits and inspection, with suitable suggestions and such other matters as may be required of them by the commission, for the year ending on the thirtieth day of September preceding the date of such report. The resident officers shall admit such managers into every part of the hospital and its buildings, and exhibit to them on demand all the books, papers, accounts and writings belonging to the hospital or pertaining to its business, management, discipline or government, and furnish copies, abstracts and reports whenever required by them. [L. 1874, ch. 446, tit. III, § 2; R. S., 8th ed., p. 2163, Id. tit. V, § 2; R. S., 8th ed., p. 2170, |
