§ 117. Power of removal. The superintendent of state prisons may remove the medical superintendent, for cause shown, after having given 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. § 118. Transfer of insane convicts to the Matteawan state hospital. Whenever the physician of the state prison for women, any county penitentiary or workhouse, any reformatory for women. or of a state reformatory or any other penal institutions shall report in writing to the warden or other officer in charge thereof, that any person undergoing a sentence of one year or less or convicted of a misdemeanor, or any female convict confined therein is, in his opinion, insane, such warden or other officer 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 state prison, penitentiary, reformatory or penal institution. 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 this chapter for the commitment of insane persons to state hospitals. Such warden or other person in charge shall apply to a judge of a court of record for an order transferring such convict to the Matteawan state hospital, accompanying such application with such certificate in lunacy. Such judge, if satisfied that such convict is insane, shall issue such order of transfer, and such warden or other officer in charge shall thereupon cause such convict to be transferred to the Matteawan state hospital and delivered to the medical superintendent thereof. the time of such transfer the certificate in lunacy and order of transfer shall be presented to such medical superintendent. Such insane convict shall be received into such hospital and retained there until legally discharged. Such warden, or other officer in charge, before transferring such insane convict, shall see that he is bodily clean and is provided with a new suit of clothing similar to that furnished to convicts on their discharge from prison. The costs necessarily incurred in determining the question of insanity, including the fees of the medical examiners, shall be a charge At upon the state or the municipality at whose expense the institution from which the transfer is made or sought to be made is maintained. § 119. Disposal of insane convicts after expiration of term of imprisonment. Whenever any convict in the Matteawan state hospital, under and by virtue of this chapter, shall continue to be insane at the expiration of the term for which he was sentenced, he may be retained therein until he has recovered or is otherwise legally discharged. The medical superintendent of such 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. Similar allowances shall be made to patients committed by order of a court and who may be discharged. Any convict in the Matteawan state hospital, whose term of imprisonment has expired by commutation or otherwise, and who is not recovered, may, upon an order of the commission in lunacy, be transferred to any institution for the insane. § 120. 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 agent and warden, or other officer in charge 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 agent and warden or other officer in charge of such institution shall receive such convict into such institution, and shall, in all respects, treat him as when originally sentenced to imprisonment. Any inmate not a convict, held upon an order of a court or judge, in a criminal proceeding, may be discharged therefrom, upon the superintendent's certificate of recovery, made to and approved by such court or judge. § 121. Certificate of conviction to be delivered to medical superintendent and copy filed. Whenever any convict shall be transferred to the Matteawan state hospital, the agent and warden or other officer in charge of the prison, penitentiary, reformatory or other penal institution from which such convict is transferred, shall cause a correct copy of the original certificate of conviction of such convict to be filed in the office of the warden or officer in charge, and shall deliver the original certificate to the medical superintendent of such hospital; and whenever any such convict shall be transferred to any penal institution from such hospital, as hereinbefore provided, the medical superintendent shall deliver to the agent and warden, or other officer in charge of such institu tion, such original certificate, which shall be filed in the clerk's office of the same. § 122. Transfers from state hospitals to Matteawan state hospital. The commission may, by order in writing, transfer to the Matteawan state hospital, any insane inmate of a state hospital committed thereto upon the order of a court of criminal jurisdic tion or of a judge or justice of such a court; or any patient who has previously been sentenced to a term of imprisonment in any penal institution, and who still manifests criminal tendencies, or any such patient who has previously been an inmate of the Matteawan state hospital. All persons committed to said Matteawan state hospital shall be a charge upon the state. 123. Authority to recover for the support of patients. The medical superintendent of the hospital is hereby authorized to recover for the support of any patient therein, chargeable under the law to other counties or penitentiaries, in an action to be brought, in the name of the people of the state of New York, against the county or penitentiary, for the maintenance of said patient. (As amended by chapter 240 of the Laws of 1909.) § 124. Tenure of office. Nothing in this article shall be construed to affect the tenure of office of any of the officers of the hospital who held such office on July first, eighteen hundred and ninety-six. 125. Communications with patients.- No person not authorized by law or by written permission from the superintendent of state prisons shall visit the Matteawan state hospital, or communicate with any patient therein without the consent of the medical superintendent; nor without such consent shall any person bring into or convey out of the Matteawan state hospital any letter or writing to or from any patient; nor shall any letter or writing be delivered to a patient, or if written by a patient, be sent from the Matteawan state hospital, until the same shall have been examined and read by the medical superintendent or some other officer of the hospital duly authorized by the medical superintendent. But communications addressed by such patient to the county judge or district attorney of the county from which he was sentenced, shall be forwarded, after examination by such medical superintendent, to their destination. ARTICLE 6 DANNEMORA STATE HOSPITAL FOR INSANE CONVICTS Section 140. Establishment and purposes of the Dannemora hospital. 141. Superintendent of state prisons to make rules and regulations. 142. Medical superintendent. 143. Medical superintendent as treasurer of the hospital. 144. Salaries of resident officers. 145. Powers and duties of medical superintendent and assistants. 146. Monthly estimates. 147. Power of removal. 148. Transfer of prisoners in state prisons, reformatories VOL. III-17 Section 150. Discharge of insane convicts after expiration of terms. 151. Convicts on recovery to be transferred to prison. 152. Certificate of conviction to be delivered to medical superintendent and copy filed. 153. Communications with patients. § 140. Establishment and purposes of the Dannemora hospital. The grounds and property located at Dannemora, in the county of Clinton, and the buildings erected thereon, shall continue to be known as the Dannemora hospital for insane convicts. Such hospital shall be used for the purpose of confining and caring for such male prisoners as are declared insane while confined in a state prison or reformatory, or while serving a sentence of more than one year in a penitentiary. § 141. Superintendent of state prisons to make rules and regulations. The superintendent of state prisons shall make by-laws and rules and regulations for the government of the hospital and the management of its affairs. § 142. Medical superintendent.— The superintendent of state prisons shall, whenever there is a vacancy, appoint a medical superintendent for the Dannemora hospital, who shall be a well educated physician of at least five years' actual experience as a state prison physician or in a hospital for the care and treatment of the insane. § 143. Medical superintendent as treasurer of the hospital.The medical superintendent shall be the treasurer of the hospital, and before entering upon his duties, shall file with the state comptroller his undertaking to the people with sureties, to be approved by the superintendent of state prisons, to the effect that he will faithfully perform his trust as such treasurer. He shall 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 therefrom 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 ob |