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hospital; and all sums paid to the hospital for the support of any patient therein or for actual disbursements made in said patient's behalf for necessary clothing and traveling expenses; and money paid to the hospital from any other source.

7. Prosecute an action in the name of the hospital to recover money due or owing to the hospital, from any source; including the bringing of suit for breach of contract between private patients or their representatives and the trustees of the hospital. 8. Execute a release and satisfaction of a mortgage judgment, lien or other debt when paid.

9. Pay the salaries of the superintendent and of all employes of the hospital, and the disbursements of the officers and members of the board as aforesaid. The treasurer shall have power to employ counsel, subject to the approval of the board of trustees.

10. Deposit all moneys received for the care of private patients and all other revenues of the hospital, in a bank designated by the comptroller, and as often as the comptroller may require, transmit to the comptroller a statement showing the amount so received and deposited and from whom, and for what received, and the dates on which such deposits were made. Such statement of deposit shall be certified by the proper officer of the bank receiving such deposit or deposits. The treasurer shall make affidavit that the sum so deposited is all the money received by him from any source of income for the hospital up to the date of the latest deposit appearing on such statement. A bank designated by the comptroller to receive such deposits shall, before any deposit be made, execute a bond to the people of the state in a sum and with sureties to be approved by the comptroller, for the safe keeping of such deposits.

§ 12. Medical assistants and examining physicians.-All medical assistants shall be appointed by the superintendent. No medical assistant shall be appointed who is not a well-educated physician and a graduate of a legally chartered medical college, and with an experience of at least two years in the actual prac tice of his profession, including at least one year's actual experience in a general hospital. Said trustees shall also appoint in all the cities of the state reputable physicians, citizens of the state of New York, who shall examine all persons applying for

admission to said hospital for treatment. There shall be not less than two nor more than four of such examining physicians appointed in cities of the first class, and two each in cities of the second and third class. Said examining physicians shall have been in the regular practice of their profession for at least five years, and shall be skilled in the diagnosis and treatment of pulmonary diseases. Their fee or compensation for each patient examined shall be three dollars. Not more than one-half of all the physicians to be appointed under this section shall belong to the same school of medicine or practice.

§ 13. Free patients.-The trustees of said hospital to be appointed under and pursuant to the provisions of this act, and their successors, are hereby given power and authority to receive therein patients who have no ability to pay, but no person shall be admitted to the hospital who has not been a citizen of this state for at least one year preceding the date of application. Every person desiring free treatment in said hospital shall apply to the local authorities of his or her town, city or county having charge of the relief of the poor, who shall thereupon issue a written request to the superintendent of said hospital for the admission and treatment of such person. Such request shall state in writing whether the person is able to pay for his or her care and treatment while at the hospital, which request and statement shall be kept on file by the superintendent of the hos pital. Such requests shall be filed by the superintendent in a book kept for that purpose in the order of their receipt by him. When said hospital is completed and ready for the treatment of patients, or whenever thereafter there are vacancies caused by death or removal, the said superintendent shall thereupon issue a request to an examining physician, appointed as provided for in section twelve, in the same city or county, and if there be no such examining physician in said city or county then to the nearest examining physician, for the examination by him of said patient. Upon the request of such superintendent said examining physician shall examine all persons applying for free admission and treatment in said institution, and determine whether such persons applying are suffering from incipient pulmonary tuberculosis. No person shall be admitted as a patient

in said institution without the certificate of one of said examining physicians certifying that such applicant is suffering from incipient pulmonary tuberculosis, and if upon the reception of a person at such hospital, it is found by the authorities thereof that he is not suffering from incipient pulmonary tuberculosis, or is suffering from pulmonary tuberculosis in such an advanced stage as to prevent his deriving any benefit from care and treat ment at such hospital, he shall be returned to the place of his residence, and the expense of transportation to and from the hospital shall be paid by said local authorities. Admissions to said hospital shall be made in the order in which the names of applicants shall appear upon the application book to be kept as above provided by the superintendent of said hospital, in so far as such applicants are subsequently certified by the said examining physician to be suffering from incipient pulmonary tuberculosis. Every person who is declared as herein provided to be unable to pay for his or her care or treatment shall be transported to and from the hospital at the expense of said local authorities, and cared for, treated and maintained therein. at the expense of the municipality which would otherwise be chargeable with the support of such poor or indigent person; and the expense of transportation, treatment, maintenance and the actual cost of articles of clothing furnished by the hospital to such poor or indigent person shall be a county, city or town charge, as the case may be.

(As amended by chapter 108 of the Laws of 1902, and chapter 376 of the Laws of 1906.)

§ 14. Private patients.-Applicants for admission to this institution who are able to pay for their care and treatment are not required to obtain a written request from the local authorities having charge of the relief of the poor, but shall apply in person to the superintendent who shall enter the name of such applicant in the book to be kept by him, for that purpose, as provided in section thirteen; and when there is room in said hospital for the admission of such applicant, without interfer, ing with the preference in the selection of patients, which shall always be given to the indigent, such patient shall be admitted to the hospital upon the certificate of one of the examining physicians, which certificate shall be kept on file by the said superintendent.

§ 15. Support of free patients.-At least once in each month the superintendent of the hospital shall furnish to the comptroller and to the local authorities of each county, city or town, as the case may be, having charge of the relief of the poor, a list of all the free patients in the hospital that are accredited each respective county, city or town and who are shown by the statement of such local authorities to be unable to pay for their care, treatment and maintenance, under the provision of section thirteen of this chapter. And shall accompany each such list with a bill of charges for care, treatment and maintenance at a rate not exceeding five dollars per week for each such free patient, together with items of expense of transportation, fee of the examining physician and the actual cost of articles of clothing furnished by the hospital to each such free patient. The superintendent of the hospital shall thereupon collect from the said local authorities of the counties, cities and town such sums as may be due therefrom, and pay the same over to the state treasurer. (As amended by chapter 108 of the Laws of 1902, and chapter 376 of the Laws of 1906.)

§ 16. Support of private patients.-The trustees shall have power and authority to fix the charges to be paid by patient's who are able to pay for their care and treatment in said hospital or who have relatives bound by law to support them, who are able to pay therefor.

§ 17. Appropriation.-The sum of fifty thousand dollars is hereby appropriated for the purpose of purchasing a site and of erecting, constructing and equipping the hospital and buildings as herein provided. The treasurer of the state shall, on the warrant of the comptroller, and on the certificate of the state architect pay to the treasurer of the trustees of said hospital the above named sum in such amounts as may, from time to time, in the judgment of the trustees, be necessary.

STATE AGRICULTURAL AND INDUSTRIAL SCHOOL. AN ACT authorizing the selection of lands as a new site for the state industrial school.

Chapter 527, Laws of 1902.

Section 1. Selection of lands. For the purpose of acquiring a new site for the state industrial school, the governor, the comp

troller, the president of the state board of charities, the state architect, and the president of the board of managers of said school, shall, as soon as practicable, select such lands in Monroe county as in their opinion should be secured for a new site for the state industrial school, and to which such school shall be removed. The lands so selected shall comprise one thousand acres, as near as may be. They shall cause to be made by the state engineer and surveyor a map or maps of the lands so selected, which shall be certified by a majority of them and filed in the office of the secretary of state, and duplicates thereof in the office of the clerk of Monroe county.

§ 2. Contracts for sale of lands.-They shall ascertain upon what terms the lands so selected can be purchased of the owner or owners thereof, and whether a good, clear and unincumbered title can be conveyed to the state of New York. They may enter into contracts with such owners, which shall bind such owners to convey to the state the lands described therein at any time within two years from the date thereof, if such conveyance shall be duly authorized hereafter and demanded on behalf of the state within that time.

§ 3. Estimates for 'improvements.-They shall also cause to be prepared a general plan of the buildings and improvements necessary to be constructed and made upon such lands in order to effect the removal of the state industrial school thereto, and shall cause to be prepared by the state architect preliminary plans and specifications of such buildings and improvements, and the estimated cost thereof.

§ 4. Report to the legislature. They shall report to the legis lature of nineteen hundred and three, the terms upon which such lands can be purchased, and whether a good, clear and unincumbered title thereto can be conveyed to the state, and shall attach to such report a corrected copy of each of such contracts. If such terms cannot be made with the owners of any of the lands so selected, and a contract for the purchase thereof has not been made, such report shall contain an estimate of the amount for which such lands can probably be purchased, based upon such facts as may be ascertained by them.

§ 5. Condemnation.-Whenever appropriation shall have been made for the purchase of the lands described in such map, and

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