any state or territory, and who during the term of their imprisonment have or shall become and be insane. Ibid § 2. Attorney-gen eral may con tract with for care of in 30. In all cases where any person convicted in a court of the United States shall, while imprisoned under such conviction in any state prison or penitentiary, become and be insane, and there shall not be accom- state asylums modation for such insane person at the insane asy-sane. lum of the District of Columbia, or if for other reasons the attorney-general is of opinion that such insane person should be placed at a state insane asylum rather than at saïd district asylum, then the attorney-general shall have power, in his discretion, to contract with any state insane or lunatic asylum within the state in which such convict is imprisoned, for his care and custody while remaining so insane; and in all cases where such convicts shall have heretofore been, or shall hereafter be, transferred to a state asylum for insane convicts, in accordance with the laws of such state, the attorney-general is hereby authorized and directed to compensate the To compensaid asylum, or the proper authorities controlling the therefor. same, for the care and custody of such insane convicts, until their removal or discharge, in such amounts as he shall deem just and reasonable; but no contract shall be made or compensation paid for the care of such insane person beyond their respective terms of imprisonment. sate asylums Ibid § 3. Convicts reto stored to returned 31. Whenever such insane convict shall be restored to sanity, after he or she shall have been transferred under the provisions of this act, he or she shall be returned to the prison or penitentiary from which the transfer was made, provided the term of im- prison. prisonment shall not have expired. The questions of sanity in all cases arising under this act shall be determined in accordance with the rules and regulations of existing laws, Sanity, how state or national, on that subject, applicable to the determined. prison, penitentiary, or asylum where such convict shall be confined. FLORIDA. GOVERNMENT OF ASYLUM. 1. Asylums to be fostered. 2. Establishment of asylum. 3. Government vested in physician and the board of commissioners of state institutions. 4. Superintendent, powers and duties, salary. 5. Employes, salaries. ADMISSION AND DISCHARGE. 6. Insane to be cared for by counties. 7. Arrest of insane. 8. Examination, order of judge. 9. Liability for support. 10. Commitment to asylum or other custody, expenses of, how paid. 11. Census of insane, investigation report, examination. McClelland's Digest of '81, ch. 147. § 1. Constitution, art. 10. 1. Institutions for the benefit of the insane, blind and deaf, and such other benevolent institutions as the public good may require, shall be fostered and Institutions for blind, supported by the state, subject to such regulations as may be provided by law. insane deaf be fostered. Ibid § 16. Portion of state build ings to be set aside for lunatic asylum. 2. The governor of this state is required to set apart a portion of the public buildings of this state in Chattahoochee, in Gadsden county, for the purpose of an indigent lunatic asylum, to which all indigent persons who may be found to be insane, lunatic or non compos mentis, by the courts of this state having jurisdiction of the subject, may be confined for safe keeping and treatment. 3. The physician of the asylum shall have sole supervision of, and immediate superintendence of the asylum for indigent lunatics of the state, subject to the direction of the board of commissioners of state institutions. 4. The physician and superintendent of the asylum shall be appointed by the board of commissioners of state Appointment. institutions, and shall be a man of good moral Ibid § 17. Physician's powers. Ibid $18. character, experienced in the management of luna- Qualification. tics, and qualified as a physician; he shall hold his office for the term of two years from the date of his appoint- Tenure. ment, unless sooner removed by the board of commissioners for incompetency, neglect or improper conduct; he shall exercise such powers in control of the inmates of the Powers. asylum and in conduct of the institution as shall be determined between him and the board of commissioners, and Salary. shall receive such salary, not exceeding two thousand dollars per annum, as the board shall prescribe. 5. The said board shall regulate the number and the compensation of the employes of such asylum, and pre- mid § 20. scribe the duties to be performed by them. Compensation. Ibid § 2. Counties to the poor. otherwise, bid § 3. Duty of cir cuit judge on suggestion of 6. The respective counties of the state shall provide, in the manner fixed by law for those of the inhabitants who by reason of age, infirmity or misfortune may provide for have claims upon the aid and sympathy of society. 7. Whenever it shall be suggested, by petition or to any judge of the circuit court of this state, that there is any lunatic or insane person within the limits of the judicial circuit of said judge, incapable of managing his or her own affairs, or of taking care of himself or herself, it shall be the duty of said judge to issue a writ to the sheriff of the county wherein such lunatic or insane person is alleged to be, directing him to bring such person before him for the purpose of inquiring into Inquiry the alleged fact of lunacy or insanity. lunacy. therein. Ibid § 4. 8. If it shall be found, upon investigation, that such person is a lunatic, or insane, the judge shall pass such order or decree as is usual or necessary in such cases. Order on find ing of lunacy. Ibid $5. Decree 9. If it shall appear that such lunatic or insane person has sufficient estate to support him or her, the decree made by the judge shall bind said estate. to bind estate of lunatics. Ibid § 6. lunatic to be asylum. Order for taken to 10. If it shall appear that said lunatic or insane person is destitute, then the judge shall direct and order that the sheriff shall transport such lunatic or insane person to the asylum for the indigent lunatics of the state of Florida, and there deliver such lunatic or insane person to the officer having charge of the same, for the vate care of lunatics. purpose of his care, custody and treatment; provided, however, Order for pri- that the judge may, in his discretion, direct the said lunatic or insane person to be delivered to any other person for his care, custody, and maintenance, in which event the said insane person shall be so delivered, and it shall be the duty of the person to whom such delivery is made to provide for his care, custody and maintenance. For such care, custody and maintenance the said person shall receive not exceeding the sum of one hundred and fifty dollars per Compensation, annum, to be fixed by the judge and paid by the how paid. treasurer upon a warrant of the comptroller drawn against the appropriation for the maintenance of lunatics. 11. It shall be the duty of the comptroller, once in every six Ibid § 7. Comptroller to forward lists of lunatics to state attorneys. by grand jury. months, to forward to the state attorney of each circuit a list of the lunatics in the care of private persons in the several counties in his circuit; and it shall be the duty of the state attorney to cause an Investigation investigation to be had into the merits of each case by the grand juries of the several counties at the next term of the court. Upon the presentation of each case to the grand jury, it shall be their duty to inquire into the same, causing each of said lunatics to be brought before them by the sheriff of the county, and to make a report of the true condition of all such lunatics. A copy of this report shall be forwarded by the state attorney to the comptroller. attorney-general and the comptroller. In all cases where the attorney-general shall deem it proper, he shall direct the state attorney to institute proceedings before the judge of the circuit court looking to the change of the custody for change of, of said lunatic, or to his final discharge from such care and custody, or to his transfer to the state asylum; and the said judge shall make such order in the premises as to him shall seem just and right. Report to attorney gen eral and Proceedings or release from custody. Ibid § 8. Compensation ings when not 12. The sum allowed to any private person for the care and custody of any lunatic shall not exceed one hundred and proceed and fifty dollars per annum, and no other or further accepted. sum shall be allowed for such service. In the event the sum herein allowed is not accepted by such person, the judge of the circuit court shall direct the transfer of the lunatic to the state asylum or his discharge, upon petition filed by such person. Ibid $9. Sheriff to bring lunatic before court or grand jury. 13. Upon the filing of a præcipe to that effect in the clerk's office by the state attorney, or upon the order of the judge, the clerk shall issue a writ commanding the sheriff to bring before the court or the grand jury any person alleged to be a lunatic or insane person, and the sheriff shall execute such process. The clerk and sheriff shall receive for such service such compensa- compensation as is now allowed by law for the issuing and tion. service of a capias. Ibid § 12. tics for pay. 14. It shall be lawful for the physician in charge of the asylum for indigent lunatics of the state of Florida, when directed by the board of commis- Care of lunasioners of state institutions, to receive into said. asylum any lunatic, idiot or insane person whose friends, parents, or guardians, are able and willing to pay for the care, and custody, and maintenance of said lunatic, idiot, or insane person. 15. Such lunatic, idiot, or insane person shall receive all care, food, clothing and medical attention, as he or bid § 13. she may demand and require, from the physician and other employes of the asylum. Attention, etc. Ibid § 14. 16. The board of commissioners of state institutions shall, in all such cases, prescribe what amount shall be paid by the friends, parents or guardians of any such lunatic, idiot or insane person, as may be received into the said asylum, for the support, care and custody of such idiots, lunatics or insane persons; and such moneys shall be paid by the friends, parents or guardians of such lunatics, idiots, or insane persons, quarterly, to the treasurer of the state of Florida, who shall receipt for the same; and such moneys so received shall always be taken and con- Disposition sidered as a part of the sum appropriated for the maintenance of indigent lunatics, and shall be used as such.* 17. Whenever the board of commissioners of state institutions shall deem it necessary or expedient, they mid $15. may require a good and sufficient bond from the Bond. friends, parents or guardians of any lunatic, idiot or insane of funds. * The board of commissioners of state institutions is composed of the governor and cabinet. |