county for the current year in support of the destitute insane. of such county for whose admission to the insane asylum application has been duly made to and declined by the superintendent of said asylum for want of room. of 50. It shall be the duty of the auditor of state to present at each meeting of the legislature all such accounts for $3118. allowance; but no county shall be allowed more auditor. than fifty cents per day for each insane person so supported as aforesaid. Amount ap 3120. How drawn. 51. The sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of § 3119. any moneys in the treasury not otherwise appro- propriated. priated, for the purpose of paying to the several counties of the state the expenses incurred by such counties for the maintenance of destitute insane persons, as provided for by chapter eighty-three of the laws of eighteen hundred and seventy-six, from and after March tenth, eighteen hundred and seventysix, to November thirtieth, eighteen hundred and seventy-eight. 52. The auditor of state is hereby authorized to draw his warrant on the treasurer of state for so much of this appropriation as may be necessary for the purposes specified in section one of this act;* provided, that no claim. shall be audited or allowed unless an itemized statement of all expenses incurred by such counties in support of such insane person shall be presented to the auditor of state, properly verified by affidavit in writing, stating that said claim is just and correct, and that application has been made to the superintendent of some one or more of the insane asylums of this state for the admission of such insane person therein, and that such admission has been refused; and said affidavit and statement shall be accompanied by the certificate of the superintendent of such insane asylum, stating the time said application was made and refused, and the reasons for such refusal. 53. In case any person confined in the penitentiary shall become insane, it shall be the duty of the warden to $3416. Insane conat once notify the physician, in writing, of the fact, victs. who shall, if he deem the statement to be true, summon to his assistance the two nearest resident physicians, and proceed to * See pl. 20. make inquisition of the facts charged. If they shall deem the person insane they shall so certify in writing to the warden, and the warden shall at once cause such insane person to be delivered to the superintendent of the asylum for the insane, and take his receipt for such insane convict, then to be kept at such asylum until he shall recover from such insanity or be discharged by reason of expiration of term of sentence, pardon or reprieve. If said insane convict recover before the term for which he was sentenced expire, the superintendent of the asylum for the insane shall at once notify the warden of such recovery, and the warden shall immediately take such convict into his charge. 54. In case of an appeal or writ of error taken by a person § 4757. convicted and sentenced to death as aforesaid, the Appeal; writ of error. sentence of the law shall not be carried into effect until after the hearing and determination of such appeal or writ of error. In case of a person convicted and sentenced to death becoming insane, such person shall not be executed until the governor shall be satisfied, upon the oaths of twelve good and true men, to be named and summoned by the warden, upon proper inquiry and investigation being made under direction of the warden, that such insanity no longer exists. * * * KENTUCKY. GOVERNMENT OF ASYLUMS. 1. Establishment of asylums, titles, corporate powers, government vested in board of commissioners. 2. Board of commissioners, term of office, classification of, oath. 3. Appointment, from what county. 4. Organization, quorum, powers and duties; general control, by-laws and regulations, meetings, inspection of asylums; secretary and treasurer, not to be members of board; officers not to be interested in contracts, records. 5. Superintendent, qualifications, appointment, term of office; salaries of officers. 6. Superintendent, powers and duties of, control of asylum, register of patients, appointment of inferior officers, receiver, accounts of. 7. Assistant physician may fill office of superintendent, 8. Treasurer, bond and security of. 9. His powers and duties, report, illegal use of moneys, penalties. 10. Audit of accounts; warrants. 11. Steward, duties of; purchases, itemized accounts, control of grounds, inventory, illegal sale of supplies, bond, salary. 12. Special auditor appointed. 13. Exemption of officers from militia, road, and jury service; their evidence given by deposition. 14. Actions in behalf of asylums. 15. Statistics of asylums. 16. Expenses, statement of, warrants, how drawn, illegal use of public properties, penalties for. 17. Audit of claims. 18. Commissioners to report the number of idiots and incurables confined. 19. Temporary physicians. ADMISSION AND DISCHARGE. 22. Preference to residents over nonresidents. 23. Private patients admitted only after inquest. discharge. Regulations for 24. Private patients, charges for. 25. Support to be secured in advance, unexpended moneys refunded. 26. Fact of indigence of married person certified on inquest. 27. Indigent patient becoming entitled to property, charges for; liability of relations. 28. Expenses of commitment. 29. Appointment of counties, classification of insane, transfer of patients. 30. Idiot not admitted unless dangerous. 31. Discharge of idiots and incurables, commission for investigation, findings, to whom re-committed, duty of maintenance, place of confinement. 32. Discharge, expenses of. 33. Support of returned patients. 34. Returned patients, custody of in Louisville. 35. Jurisdiction of courts over insane. 36. Property of patients may be sold for support. 37. Guardians of insane, their powers and duties. 38. Suits against, how brought. 39. Guardians, when appointed. 40. Indigent insane, regulations for support. 41. Limit of expenses for. 42. Inquest of insanity by jury. 43. District attorney, duties at inquest. 44. Oath administered to jury. 45. Judgment upon verdict; verdict set aside at discretion of judge. 46. Appearance of defendant, in discretion of judge. 47. Indigent insane, expenses of in asylum, borne by state. 48. Investigation of mental ability. 49. Care of persons and estate, appointment of guardian. 50. Disposition of papers of inquest; inquiry into recovery. 51. History of the case to be submitted. 52. Liability of estate for support. 53. Certification of date of attack. 54. Payments by relatives refunded on production of certificate. 55. Expenses of commitment, fees for. 56. Previous regulations to be complied with, duty of officers. 57. Duty of superintendent on notice of commitment. 58. Penalty for attempting to introduce a pauper as a charge upon another county. 59. Epileptics not admitted to asylum. 60. Estate of patient sold for support. Act of 1876, ch. 900, § 1. 1. The three lunatic asylums of this state shall be, and are hereby, continued under their present organizaBodies politic. tion and the control of their present commissioners; and the commissioners, superintendents, stewards, and other officers shall hold their offices for the term for which they were respectively appointed, but subject to removal according to law. Each asylum is declared to be a body-politic and corporate, for the benefit of the state-that at Lexington, by the name of the "Eastern Kentucky Lunatic Asylum;" that at Hopkinsville, by the name of the "Western Kentucky Lunatic Asylum;" and that at Anchorage, by the name of the "Central Kentucky Lunatic Asylum;" and as such shall have Names of. Rights and powers. perpetual succession; may have and use a common seal; may make contracts; may sue and be sued; may receive any gifts or devises in aid of objects of its institution; and shall have all other rights and powers, incident to corporations, which are necessary and proper for carrying out the purposes for which it was established. The said corporations are severally invested with the title to all the property and rights of action now held by the institutions respectively.* 2. The board of commissioners for each asylum shall be composed of nine discreet business men, residing of board of within six miles of the asylum, appointed by the governor by and with the consent of the senate, and he may fill vacancies that happen, in the recess of the senate, by granting commissions, which shall expire at the filled by governor. end of its next session. The term of office of each commissioner shall be six years, except the boards appointed Term six yrs. first after the passage of this act. The board of commissioners of each and every of said asylums, at their first meeting, which shall be held at their respective asylums Ibid § 2. commis sioners. Vacancies * This act of 1876 and its amendments will also be found in General Statutes of 1881 as chapter 73. divided into on the first day of May, 1876, shall divide by lot Board to be their respective boards into three classes; three classes. commissioners shall be allotted to each class, and the seats of the first class shall be vacated on the first day of January, 1878; that of the second class vacated two years thereafter; that of the third class vacated four years thereafter from the first day of January, 1878, and so one class of three commissioners shall vacate every two years. Each commissioner, before entering upon the trust, shall take an oath Commis that he will well and faithfully discharge the take oath. duties thereof. sioners to 3. The governor is hereby authorized to appoint the commissioners for the respective asylums from the county Act of 1876, in which the asylum is situated. ch. 1012. § 1. Appointment. own num ch. 900, § 3. Act of 1876, Board to elect dent; majority record must president, at own presi is a quorum; 4. (1) The commissioners shall elect one of their ber president of the board. A majority shall constitute a quorum, but a concurrence of not less than a majority of all the board shall be necessary for the allowance of any claim or the transaction of any other business; and such proceedings shall not then be binding until the record thereof shall have been approved and signed by the president, and countersigned by the secretary. be signed by tested by sec retary. (2) They shall have the general management and control of all the land, buildings, funds, books, papers and Board to have other effects and property of their respective asy- management. lums, and shall cause them to be used and applied in the way best calculated, in their judgment, to promote the objects for which the institution was established. They shall cause all state appropriations to be used as directed by law, and all private donations and grants to be sacredly applied to the purposes specified by the donors or the grantors; but the state reserves full control over the institutions, their officers, and affairs. (3) They shall make such by-laws and regulations as they may deem necessary for the government of the insti- By-laws. tutions and of all officers and employes connected with them. meetings and (4) They shall hold regular meetings at the asylums at least once in each month, and oftener, if the interests of Monthly the institution shall require. Meetings may be inspections. called by the president or any two commissioners. They shall |