Insane con indictment, 19. If any person in confinement under indictment, or for want of bail for good behavior, or for keeping the § 1488. peace, or appearing as a witness, or in consequence fined under of any summary conviction, or by an order of any and for other justice, appear to be insane, the judge of the circuit causes. court of the county where he is confined must institute a careful investigation, call a respectable physician and other credible witnesses, and if he deem it necessary, may call a jury, and for that purpose he is empowered to compel attendance of witnesses and jurors, and if it be satisfactorily proved that the person is insane, the judge may discharge him from imprisonment and order his safe custody and removal to the hospital, where he must remain until restored to his right mind, and then, if the judge shall have so directed, the superintendent must inform the judge and the sheriff, whereupon the person must be remanded to prison, and criminal proceedings be resumed, or he be otherwise discharged; the provisions of the preceding section requiring the state to defray the expenses of a patient sent to the hospital, shall be equally applicable to similar expenses arising under this and the following section. § 1489. Insane charg demeanors. 20. Persons charged with misdemeanors and acquitted on the ground of insanity, may be kept in custody and sent to the hospital in the same way as persons ed with mischarged with crimes, and the county courts and justices of the peace have the same power in reference to persons charged before them with misdemeanors as is bestowed upon the circuit courts in sections 1487 and 1488. § 1490. County com missioner bate judge acts, if pro 21. If the judge of probate be dead or incapable of acting by reason of sickness or otherwise, the duties. herein before required to be performed by him are required to be performed, in the same prompt manner, by one of the commissioners of the county, and his acts in the premises shall have the same validity as the acts of the judge. dead or inca pable. 22. All indigent patients sent by order of the judge, as specified in section 1482, are entitled to two years § 1491. residence in the hospital, unless sooner restored to soundness of mind; after that period, if, in the opinion of the superintendent, such patients are Paper and returned indigent insane to county after two years. not likely to be benefited by longer residence and treatment in the hospital, and are neither dangerous to the community, nor likely to suffer by removal, the superintendent is empowered to order the removal of such patients by the commissioners to the poor house of the county of which they are resident. [Query: Superseded by act of 1876, p. 275; see section 1499?] 23. Whenever the superintendent shall order a patient removed from the hospital to the county from which removal of pa he came, the commissioners of such county must pay the actual and reasonable expenses of such removal, as part of the expenses of said county. 1492. Expenses of tients from hospital. § 1493, as amended 1876, p. 188. Discharged patients clothed and supplied with money. 24. No patient must be received or discharged without suitable clothing, and if it cannot otherwise be obtained the steward must furnish it and charge the same to the county from which he was sent. The patient must also be furnished by the steward, if it is not otherwise to be had, with money sufficient, not to exceed twenty dollars, to pay his expenses until he reaches home; and the cost of such clothing and money advanced must have precedence over other claims, and be repaid promptly by the commissioners of the county from which the patient comes, out of the first money which comes into the county treasury. § 1494. Physician of ary reports certain 25. The physician of the penitentiary must report to the governor the names of all insane convicts impris the penitenti- oned in the penitentiary for a less period than lifetime, whose general deportment in the penitentiary sane convicts. has been good, and whose character was good before they were sent to the penitentiary, and who were not sent there for rape. classes of in § 1495. Governor al to hospital on report of physician. 26. The governor must, when any case of insanity is reported to him, under the preceding section, appoint causes remor three physicians of skill and experience, of whom the physician of the penitentiary must be one, to examine the persons reported to be insane, and report to him the result of such examination; and if such board of physicians shall report such person insane, and a fit subject for the hospital for insane persons, the governor must cause such person to be removed to the hospital for insane persons at Tuskaloosa, at the cost of the state. 27. The same compensation must be allowed for guarding any insane convicts in the penitentiary, to and from § 1496. the insane hospital, as is allowed to sheriffs and for removal. guards carrying prisoners to the penitentiary, to be paid by the state. Compensation § 1497. Restored con 28. A convict to the penitentiary, sent to the insane hospital, must, upon his restoration to sanity before the expiration of his term of imprisonment, be returned to the penitentiary, or discharged, as the governor may order. victs returned or discharged. § 1498. Convict in sane at the ex piration of his 29. When any person is imprisoned in the penitentiary of this state, under a sentence of a circuit court, and is insane at the expiration of his term of imprisonment, the lessee must report the same to the gover- term. nor, who must cause an examination to be made of the extent and character of such insanity; and if upon such investigation it be found that such person is a proper subject for confinement in the hospital for insane persons, he must order him to be removed from the penitentiary to the hospital; and if such person be in indigent circumstances, and had no known place of residence previous to his confinement in the penitentiary, the expenses of keeping such person must be paid by the state. 30. For the support of the Alabama insane hospital, including the salaries of the resident officers, wages of the $1499. nurses and other employes, and ordinary repairs, for support with the board, clothing, lodging, and all other hospital. expenses of the indigent or criminal insane, the sum of four dollars per week for each indigent and each criminal patient shall be paid by the state, on the last days of March, June, September and December of each year; the auditor of public accounts to issue his warrant therefor on the order of the treasurer of the hospital, countersigned by the superintendent; but any balance remaining in the hands of the treasurer or steward at the end of the fiscal year, shall be placed to the credit of the fund for improvements and repairs, and applied expressly to those purposes. Appropriation of insane $1500. Officers and 31. The superintendent and physician and his associates and employes are exempt from militia service, from liability to work on any public road or highway, and from serving as jurors. others exempt from certain duties. § 1501. Record to be 32. The monthly board, and the president and trustees, must cause to be kept proper records of all the acts and kept and re- proceedings, and proper books of accounts of all the port made. transactions of the institution; and must, once in each year, cause to be settled and balanced all the accounts and books of their agents and officers, and must fully examine and investigate the acts of all subordinate agents and officers, and must cause to be made out, and by the first day of December, annually, file in the office of the secretary of state, a full and detailed report of the situation and operations of the institution, and of all moneys paid and received, with such remarks as they may think proper to make, for the information of the governor, who must cause the same to be submitted to the general assembly at each session. 33. The governor, judges of the supreme court, and members of the general assembly, are ex-officio visitors of the insane hospital. § 1502. Visitors. 34. No public highway is allowed on the grounds of the ARIZONA TERRITORY. 1. Examination of insane, physicians' certificate. 2. County supervisors to provide for insane; expenses, how borne. 3. Examination of liability for ex penses. 4. Discharge from confinement. 5. Service of process by sheriff. 6. Contract for. support of insane in 7. Counties may commit to asylum. 9. Support, warrants for, how drawn 10. Inspection of asylum. $1193 1871. § 1. Probate judge to ex amine persons on application 1. The probate judge of any county in this territory, upon the application under oath, setting forth that a per- Compiled son by reason of insanity is dangerous, being at Laws of 1877. large, shall cause such person to be brought before Act of Feb. 17, him for examination, and shall cause to be summoned to appear at such examination two or more witnesses acquainted with the accused at the time of the alleged insanity, who shall be examined on oath as to conversation, manners and general conduct of the accused, upon which such charge of insanity is based, and he shall also cause to appear before him one or more graduates of medi- Physicians. cine, and reputable practitioners thereof, who shall be present at such examination, and who, upon the hearing of the facts detailed by other witnesses, and a personal examination of the accused, shall set forth in a written statement to be made upon oath: First, his or their judgment as to the insanity of the party charged. Second, whether it be dangerous to the accused, or to the person or property of others, by reason of said insanity, that said accused go at large. Third, whether such insanity is, in his or their opinion, likely to prove permanent or only temporary; and upon such hearing and statements as aforesaid, if the proofs shall satisfy the judge before whom such hearing is had that such party is insane, and that by reason of his or her insanity he or she be in danger, if at liberty, of injuring himself or herself, or the person or property of others, he shall, by an order entered of May order confinement of insane per son. |