37-1519. Reports of Board of Trustees to Governor and Legislative Assembly.-Annually, the board of trustees shall make to the governor a full and detailed report of the disbursements of the home and of its condition financially and otherwise, and the board shall make a similar report to each regular session of the legislative assembly. Source: R. C. 1895, s. 1015, am'd. S. L. 1897, c. 132, s. 1; R. C. 1899, s. 1015, am'd. S. L. 1901, c. 37, s. 1; R. C. 1905, s. 1215; C. L. 1913, s. 1781. VETERANS' HOMES, NORTH DAKOTA LAWS, 1951 CHAPTER 226 CHAPTER 226 H. B. No. 614 (Fristad and Dahl) SOLDIERS HOME; OBJECT; ADMITTANCE AN ACT To amend and reenact sections 37-1502 and 37-1510 of the North Dakota Revised Code of 1943, relating to the object of the North Dakota soldiers' home and admission thereto. Be It Enacted by the Legislative Assembly of the State of North Dakota: § 1. AMENDMENT.-Section 37-1502 of the North Dakota Revised Code of 1943 is hereby amended and reenacted to read as follows: 37-1502. OBJECT OF SOLDIERS' HOME.-The object of the soldiers' home shall be to provide a home and subsistence for: 1. All honorably discharged United States soldiers, sailors, marines, coast guard and feminine members of the armed services who have served the United States in any of its wars or military expedition and who are disabled by disease, wounds or otherwise and do not have sufficient means or ability to support themselves, and honorably discharged members of the North Dakota national guard mustered into federal service in 1916 and who served on the Mexican border and all honorably discharged soldiers of the North Dakota national guard who heretofore or hereafter may become permanently disabled from any cause while in line and discharge of duty; and 2. The wives and widows of those mentioned in subsection 1 of this section providing they meet the requirements for admission under the provisions of section 37-1510. § 2. AMENDMENT.-Section 37-1510 of the North Dakota Revised Code of 1943 is hereby amended and reenacted to read as follows: 37-1510. ADMITTANCE TO SOLDIERS' HOME; REGULATIONS GOVERNING. 1. No applicant shall be admitted to the soldiers' home unless he or she has a bona fide resident of this state for at least three years next preceding his or her application for admission thereto. The three year residence immediately preceding application may be waived if the applicant served in a North Dakota regiment or was accredited to the state of North Dakota during a war period; 2. All honorably discharged soldiers of the North Dakota national guard who heretofore or hereafter may become permanently disabled from any cause while in line and discharge of duty and are not able to support themselves, due to aforesaid disabilities, may be admitted to the North Dakota soldiers' home in accordance with the laws for admission of others and under such rules and regulations as the board of trustees may adopt; 3. The wife or widow of a United States or North Dakota service man mentioned in subsection 1 of section 37-1502 may be admitted upon the same footing as her husband, provided, however, that such wife or widow shall have entered into the contract of marriage to her husband at least ten years prior to date of application or prior to the date necessary for her to obtain a United States pension and shall have attained the age of forty-five years at date of application; 4. No person shall be admitted to the home until he or she shall have made formal application and furnished such proof as may be required by the board of trustees and such application shall have been approved by the board of trustees or a board of officers of the institution which they shall designate; and 5. When a member of the home who is not eligible for veterans administration hospitalization and care, becomes unable from any cause to care for self under the rules and regulations prescribed by the board of trustees for the ad mission and care of members in the home, he or she shall become a charge of the county of residence at the time of admission. No individual shall gain or lose legal residence by reason of residence in or a member of the soldiers' home. Approved March 5, 1951. VETERANS HOMES, NORTH DAKOTA LAWS, 1951, CHAPTER 227 CHAPTER 227 H. B. No. 615 (Fristad and Wahl) DISBURSEMENT OF MONEYS FOR SUPPORT, ETC., OF SOLDIERS HOME AN ACT To repeal section 37-1515 of the North Dakota Revised Code of 1943, relating to disbursement of moneys for the support and maintenance of the state soldiers home. Be It Enacted by the Legislative Assembly of the State of North Dakota: § 1. REPEAL.-Section 37-1515 of the North Dakota Revised Code of 1943 is hereby repealed. Approved February 9, 1951. VETERANS HOMES, NORTH DAKOTA LAWS, 1953, CHAPTER 224 CHAPTER 224 H. B. No. 582 (Nygaard and A. J. Anderson) DISBURSEMENT OF MONEYS FOR SUPPORT AND MAINTENANCE OF SOLDIERS' HOME AN ACT Relating to the disbursement of moneys for the support and maintenance of the state soldiers' home. Be It Enacted by the Legislative Assembly of the State of North Dakota: § 1. On the first day of July in each odd numbered year, the state auditor shall pay to the treasurer of the soliders' home fifty percent of the soldiers' home fund appropriated by the legislative assembly from the general fund of this state for the support and maintenance of the home during the biennium beginning on that date and twenty-five percent of the soldiers' home fund on the first day of January in each even numbered year. The remaining twenty-five percent of the soldiers' home fund shall be paid to the treasurer of the soldiers' home by the state auditor on the first day of the fourth quarter of the biennium. Upon requisition by the commandant of the soliders' home, at any time during the biennium, the state auditor shall pay to the treasurer of the soldiers' home moneys accumulated in the United States aid fund, soliders' home, interest and income fund, soldiers' home, and institutional revolving fund soldiers' home. All moneys received by the soldiers' home shall be disbursed by the treasurer of the soldiers' home subject to the order of the board of trustees of the home and shall be used exclusively for the benefit of the home. No payments shall be made to the treasurer of the home until he has qualified as required by the laws of his state. During the fourth quarter of the biennium, moneys which accrue during said quarter to the United States aid fund, soldiers' home, interest and income fund, soldiers' home, and institutional revolving fund, Soldiers' home, and moneys which have accumulated in said funds and have not been requisitioned as above provided, shall be used for the support and maintenance of the soldiers' home as far as such funds are available and shall be supplemented, as necessity requires, by the twenty-five percent of the soldiers' home fund appropriated by the legislative assembly from the general fund of this state and paid to the treasurer of the soldiers' home on the first day of the fourth quarter of the biennium. At the end of the biennium, moneys remaining unexpended in the soldiers' home fund shall be repaid by the treasurer of the soldiers' home to the state treasurer and shall be credited to the general fund of this state. § 2. At the end of each quarter of the biennium the commandant of the soldiers' home shall make a report to the state auditor, duly certified upon oath, showing the amount of money received from the soldiers' home fund, the United States aid fund, soldiers' home, interest and income fund, soldiers' home, and institutional revolving fund, soldiers' home, respectively; the amount remaining unexpended from each fund; and the estimated amount which will be required for the support and maintenance of the home during the next succeeding six month period. At the end of each month the commandant shall submit a statement of expenditures to the state auditor, duly certified upon oath, showing the amount paid to each person and firm, designating the type of service rendered and commodity purchased during the month. This monthly statement shall be audited by an auditor, appointed by the board of trustees of the soldiers' home. The state auditor shall submit the monthly statement to the state auditing board for approval and should that board not approvve the payments thereon listed or any of them, the payments herein provided to be made from the soldiers' home fund to the treasurer of the soldiers' home shall be made by the state auditor only to the extent that the said payments exceed the unapproved items, until such corrections as the state auditing board may require are effected. Approved February 24, 1953. CHAPTER 4. OHIO SOLDIERS' AND SAILORS' HOME. SECTION 1905. Ohio soldiers' and sailors' home. 1905-1. Board of trustees of the Ohio soldiers' and sailors' home; membership; duties; etc. 1906 to 1908. [Repealed.] 1909. 1910. 1911. 1912. 1913. 1914. 1915. Who may be admitted to Ohio soldiers' and sailors' home. What soldiers or sailors shall have preference. How expenses of transportation to the home shall be paid. Insane person not admitted to home. Proceedings when inmate becomes insane. Hearing by probate judge; costs. 1916 to 1918. [Repealed.] HOME. That place or country in which one in fact resides with the intention of residence, or in which he has so resided, and with regard to which he retains either residence or the intention of residence. Bouvier's Law Dictionary, Baldwin's Revision, p. 505. § 1905. Ohio soldiers' and sailors' home. There shall be an institution under the name of “The Ohio soldiers' and sailors' home”, which shall be a home for honorably discharged soldiers, sailors and marines. (83 v. 107, §1.) Ohio, 16 et seq. See 102 v. 31 for special act to authorize the trustees to make an expenditure of unclaimed moneys. Separate quota for soldiers' home. G. C. § 2042. Soldiers' relief commission. G. C. §§ 2930 et seq. Soldiers' burial plots. G. C. 2946 et seq. Soldiers' burial. G. C. §§ 2950 et seq. Tax for indigent soldiers. G. C. §§ 2942, et seq. Orphans' home. G. C. §§ 1931 et seq. $ 1905-1. Board of trustees of the Ohio soldiers' and sailors' home; membership; duties; qualifications; term; vacancy; removal or suspension; quorum; supplies, how purchased; appointment of superintendent; annual report to the governor.-There shall be a board known as the board of trustees of the Ohio soldiers' and sailors' home, which shall consist of five members who shall have charge and custody of the Ohio soldiers' and sailors' home at Sandusky, Ohio. All of these members shall be veterans of wars in which the United States has participated, and not more than three of said members shall be of the same political party. The trustees shall serve without compensation, but they shall be allowed their actual expenses incurred in the discharge of their duties. The governor, with the advice and consent of the Senate, shall appoint the members of the board; one for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year, commencing the first day of July, 1941; and thereafter, each year the governor, with the advice and consent of the Senate, shall appoint one trusess who shall serve for a term of five years, from the ensuing first day of July. A vacancy in the office of trustee occasioned by expiration of term, removeal or otherwise shall be filled in the same manner as the original appointment, and shall be for the remainder of the term. At any time the governor may removed any trustee with the advice and consent of the Senate. During the recess of the Senate he may suspend any trustee but shall report his action to the Senate at its next session, and, if the Senate so advise and consent, such trustee shall be removed, but otherwise he shall be restored to his office. The governor shall designate a person to perform the duties of the suspended trustee during such suspension. The nomination by the governor and confirmation by the Senate of a person to take the place of a trustee in office, shall be a removal of such trustee. Such board shall govern, conduct and care for the home, the property thereof, and the veterans residing therein as provided in the laws governing the department of public welfare so far as the provisions thereof are not inapplicable and are not inconsistent with the provisions of the laws governing such home. Three members of the board shall constitute a quorum but any two may approve accounts for the payment of current expenses, salaries, and open contracts previously entered into by the board. All supplies for the home shall be purchased as provided in section 1849 of the General Code. The board of trustees of the Ohio soldiers' and sailors' home shall appoint a superintendent for said home upon the terms and conditions as they may deem proper, and said superintendent, with the advice and consent of the board, shall employ such aids, assistants and employees, and perform the other duties as may be assigned to him by said board of trustees or become necessary in the carrying out of his duties, and he shall be responsible directly to the board. The board of trustees shall make an annual report to the governor as to all expenditures and as to the operation and management of the Ohio soldiers' and sailors' home. (119 v. 439, § 1. Eff. Jan. 1, 1942.) 119 v. 439, § 4, provides: "During 1942 the cost of the operation of the home, including all sums required for personal service and maintenance items, shall be paid out of any moneys appropriated in the 1941 general appropriation act (H. B. No. 665), for the department of public welfare upon requisition by the board of trustees of the Ohio soldiers' and sailors' home and approved by the director of public welfare and the controlling board," SS 1906 to 1908. Repealed. (102 v. 223.) § 1909. Who may be admitted to Ohio soldiers' and sailors' home.-All honorably discharged officers, soldiers, sailors and marines, who served in the regular or volunteer forces of the United States or the Ohio national guard or members of the naval militia during the Civil war, the war with Spain, the Philippine insurrection, the China relief expedition, the Indian war, the Mexican expedition, the World War I, or World War II and who have been citizens of Ohio one year or more at the date of making application for admission, who are disabled by disease, wounds or otherwise, and by reason of such disability incapable of earning their living, and all soldiers of the national guard of Ohio, or members of the naval militia who heretofore have lost, or hereafter may lose an arm or leg, or their sight, or may become permanently disabled from any cause, while in the line and discharge of duty, and are not able to support themselves, may be admitted to the home under such rules and regulations as its board of trustees adopts. (120 v. 15; 114 v. 156; 107 v. 617; 99 v. 123, § 2. Eff. June 4, 1943.) Poor, 1 et seq. Where one has served in the regular army of the United States for a period of three years, has been honorably discharged and has been a resident of the state for a period of one year preceding his application, he may be admitted to the Ohio Soldiers' and Sailors' Home if his physical condition authorizes such admission as set forth in G. C. § 1909, 1929 O. A. G. No. 600. § 1910. Inspection by congress of the United States.-The management and control of the home shall be subject to such inspection and supervision as the congress of the United States may require as a condition of making appropriations for its maintenance. A person appointed or designated by congress may make such inspection and exercise such supervision, and, if so required by congress, he may have and exercise the privileges of a member of the board of trustees. (89 v. 40. § 5.) United States, 1 et seq. § 1911. What soldiers or sailors shall have preference. In the admission of honorably discharged soldiers who have served the United States government, preference shall be given to those who served in Ohio military organizations. In the admission of sailors and marines, preference shall be given to those credited to Ohio in the late civil war. (89 v. 39, § 1.) Military, 1 et seq. § 1912. How expenses of transportation to the home shall be paid.-When a soldier, sailor, or marine is entitled to admission into the home, the chairman of the soldiers' relief commission of the county in which such soldier, sailor or marine resides, upon application, may furnish him transportation thereto by the most direct route from his residence. Such transportation shall be paid from the soldiers, sailors and marines indigent relief fund of the county. (99 v. 123, § 2.) Counties, 88 et seq. § 1913. Insane person not admitted to home.-An insane person shall not be admitted to the home. In case such person, through misrepresentation as to his condition, be sent thereto, he shall be returned to, and the expense thereof be borne by the county whence he came. (98 v. 80, § 2.) Insane Persons, 1 et seq. § 1914. Proceedings when inmate becomes insane. When an inmate of the home becomes insane, the commandant shall file with the probate judge of the county in which it is located substantially the following affidavit: commandant of the Ohio soldiers' and sailors' home, being duly sworn, says that he believes that an inmate thereof, is insane; that, in consequence of his insanity, his being at large is dangerous to the community, and that he was received into the home from county, on the 19---. day of (89 v. 47, § 1.) A. B. Insane Persons, 7 et seq. See Deibel's Probate Law, § 100. § 1915. Hearing by probate judge; costs.-When such affidavit is filed, the probate judge shall forthwith determine the sanity of such inmate, and, as far as applicable, the statutes governing in cases of admission to a state hospital for the insane, shall apply. The probate judge shall have the same authority and may receive and order paid the same fees and costs as the probate judge would have in the county in which such inmate was resident at the time of entering the home. (88 v. 139, §§ 2, 3.) Courts, 156 et seq. See Deibel's Probate Law, § 101. §§ 1916 to 1918. Repealed. 117 v. 550, § 113 [§ 1890-113]. (117 v. 550, 113; 98 v. 80, § 2; 88 v. 139, §§ 2, 3. Eff. Jan. 1, 1938.) 1921. Who entitled to admission to Madison home. 1921-1. Widows, mothers and nurses of men in war with Spain admitted to home. 1921-2. Wives, widows or mothers of veterans may be admitted to Madison home. 1922. 1923. 1924. 1925. [Repealed.] Rules and regulations. [Repealed.] Powers of managers to make contracts. 192 to 1930. [Repealed.] HOME. That place or country in which one in fact resides with the intention of residence, or in which he has so resided, and with regard to which he retains either residence or the intention of residence. Bouvier's Law Dictionary, Baldwins' Revision, p. 505. § 1919. Name of the Madison home. The home established at Madison, Lake county, shall be under the name, "The home of the Ohio soldiers, sailors, marines, their wives, mothers and widows and army nurses." (97 v. 69, § 1.) Ohio, 16 et seq. § 1920. Who entitled to its benefits.-The benefits of the Madison home shall extend to all those who were inmates thereof at the time it was established as a state institution. No person may be admitted thereto who, at the time it was so established, was an inmate of another home, or institution, established by the state or national government for the care of soldiers, sailors or marines. (97 v. 69, § 1.) Military, 1 et seq. § 1921. Who entitled to admission to Madison home.-Subject to the provision that preference be given to those who served in Ohio military organizations, the following persons may be admitted to the Madison homes: All honorably dis |