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record in a book kept for that purpose, direct the confinement

of such person.

§ 1194. Ibid § 2.

Board of supervisors to

provide for in

sane.

2. The board of supervisors of each county shall provide for the confinement of all insane persons in their respective counties, either in the county jail or in such other manner and place as shall in their judgment be best for the safety of said insane person and of the community, and. shall draw their warrants in payment of all proper costs and charges therefor upon the county treasury; and the county treasurer shall pay such warrants out of the general fund as other warrants are paid from said fund; provided, that said insane person shall have no money or property from which said costs and charges may be paid, according to the provisions of this act.

§ 1195.
Ibid § 3.
Probate
judge shall
examine as to

sane person.

shall be ap

3. The probate judge, at the examination mentioned in section 1 of this act, or at any time thereafter, may cause inquiry to be made into the ability of any insane person committed by him to bear the charges liability of in- and expenses of his examination, commitment and maintenance while in custody; and in any case where the insane person is able, by the possession of money or propGuardian erty, to pay such charges, or any portion of them, pointed. such judge shall appoint a guardian for such insane person, who, upon executing such bond as may be required by such judge, shall be authorized to take into his possession and control all the property, real and personal, of such insane person, and may, upon application to the probate judge of the proper county, obtain an order for the sale of such property, whether the same be real or personal, in like manner as such sales are ordered by said courts in cases of deceased persons; provided, that, if such insane person have a family in this territory, no such order of sale shall be had of any property not subject to execution and forced sale. The guardian appointed as hereinbefore mentioned shall pay the costs of the examination, and the expenses of the maintenance of said insane person, from the money and the proceeds of the sale of the property of said insane person, and shall, from time to time, make a report of the expenditures in this behalf to the probate judge, at his order, until all is expended; or should said insane person be discharged, as provided for in section 4,

Duty of guar

dian.

then the said guardian shall make final settlement before the probate judge, and shall deliver to the person so discharged all the money and property remaining in his hands as guardian of said insane person.

When restored to rea

son.

$1197.

Ïbid § 5.

sheriff to

serve all processes.

4. Upon proof to his satisfaction being made that any person confined for insanity is no longer insane, or dan- 1196. gerous to himself, herself or any other person, the Ibid § 4. probate judge may, by order, direct that such insane person be set at liberty, and, upon receipt of a copy of said order, the sheriff shall set such person at liberty. 5. The sheriff shall serve all processes in the above mentioned proceedings, and shall receive the same fees as for similar services in the district court. 6. The governor of this territory is hereby authorized, in person or by such agent as he may appoint for that purpose, to contract, on the part of this territory, with the authorities of the state of California, or with the proprietors of any hospital in said state, for the proper keeping, treatment and maintenance of the insane of this territory, if, in his judgment, such contract can be made upon reasonable terms, and in such manner as to secure the skilful treatment of such persons.

$1198.
1873. §1.
Governor au-

Act of Feb. 13,

thorized to
contract for

keeping the

insane.

$1199.

Ibid § 2,
as amended

by act of 1983,
1, p.264.

7. Whenever such contract shall have been entered into the board of supervisors of the several counties in this territory, may, in their discretion, whenever any person in their respective counties shall have been found insane and ordered to be confined cause such insane person to be sent by the sheriff or his deputy to such hospital.

When contract is made, supervisors may send insane to such hospital.

1200.

Ibid § 3.
Expense of

*8. The expense of sending such person to such hospital shall be borne in all cases by the respective counties from which such persons are sent, but their expenses and all charges for their care, treatment and maintenance while at such hospital, as well as expenses incident to their discharge therefrom or death, shall be chargeable to this territory.

maintenance, how paid.

9. The governor shall, from time to time, certify to the territorial auditor the amounts due under such contract as shown by properly verified accounts ren

$1201.

Ibid § 4.

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Governor shall certify amount due

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for keeping

the insane.

dered to the governor by the owner, proprietor or managing agent of any institution with whom such contract may be made, which accounts so verified shall be made at least once every three months, together with a statement showing the condition of any such person or persons under treatment at said institution, and it shall be the duty of the auditor to draw his warrant on the territorial treasurer for said amounts, and the treasurer shall pay the same out of any money in the territorial treasury not otherwise appropriated.

Auditor to draw warrant on treasurer.

§ 1202.

Act of Jan. 24, 1877. § 1.

Governor

shall appoint

sane sent

10. It shall be the duty of the governor of the territory of Arizona to appoint some suitable person, living near the asylum of Langdon & Clark, in the state of California, whose duty it shall be to visit said visitor to in- asylum once in three months, and carefully examine from territory. the insane sent from Arizona to said asylum, and ascertain if they are properly cared for and treated; also, to examine their mental condition, and if found to be sufficiently restored to reason, to direct the physicians in charge of the asylum to discharge them, and report to the governor in writing after each visit the condition and treatment of said insane. 11. The territorial auditor is hereby authorized to draw his

§ 1203. Ibid § 2.

Amount to be

paid visitor.

warrant for the sum of forty dollars each year in favor of such person as the governor may appoint to visit said asylum, and the territorial treasurer is hereby authorized and directed to pay the same out of any money not otherwise appropriated.

ARKANSAS.

GOVERNMENT OF ASYLUM.

1. Establishment of asylum; board of
trustees, corporate powers, gen-
eral powers.

2. Term of office of trustees.
3. Trustees to control; superintendent,
appointment, qualifications.

4. Treasurer, steward, bonds of; as-
sistants; salaries.

5. Records of asylum.
6. Inspection by trustees.
7. Meetings of trustees.

8. Special meetings, how called. 9. Reports filed with governor. 10. Vacancy in board of trustees. 11. Quorum; proviso.

12. Additional duties of treasurer.
13. Treasurer shall be secretary.
14. Annual appropriation.
15. Superintendent, to appoint assist-
ants, record of patients, general
duties.

16. Duties of treasurer.

17. Duties of steward.

18. Officers exempt from jury service.

ADMISSION AND DISCHARGE.

19. Who may be admitted. 20. Statement and oath filed.

21. Examination, physician's certificate, interrogatories.

22. Testimony filed with superinten-
dent.

23. Answer of superintendent.
24. Warrant of commitment.
25. Execution of warrant.
26. Superintendent's receipt.

27. Indigent patients supported by state.
28. Private patients chargeable with

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1. There shall be established at the city of Little Rock an institution for the care and management of lunatics

R. S. of 1874, $302,

Gantt's Digest.

as amended

by act of '83,

ch. 99, § 1.

in this state, to be organized and governed as follows, to wit: The governor shall, on the second Wednesday after the organization of the next general assembly of the state, and the same day every two years

tle Rock esta

Trustees.

thereafter, appoint by and with the advice and consent of the senate, five (5) persons to be trustees of the lunatic asylum, who Asylum at Lit shall be a body politic and corporate, by the name blished. and style of the "Trustees of the Arkansas State Lunatic Asylum," and shall manage and direct the concerns of the institution, and make all necessary by-laws and regulations, not inconsistent with the constitution and laws of the state; and shall have power to receive, hold, disPowers. pose of, and convey all real and personal property conveyed to them by gift, devise, or otherwise, for the use of said institution; and they may sue and be sued; and they shall have power and authority to hold and purchase property for the benefit of such institution, and to purchase or erect suitable buildings for the same.

2. The trustees shall each hold their office for the term of $303, as amended two years or until their successors are quali§1. Term of office. fied.

by act of '83,ch.99,

$304. Superinten

dent.

3. The trustees shall have charge of the general interests of the institution. They shall appoint a superintendent, who shall be a skilful physician, and who shall hold his office for the term of four years; but they shall have the power to remove said superintending physician at any time for infidelity to the trust reposed in him, or for incompetency or wilful neglect of duty. Said physician shall, Qualifications. at the time of his appointment, be a married man, and reside with his family in said asylum.

$305. Treasurer. His bond.

4. They shall appoint a treasurer, who shall give bond for the faithful performance of his duties, in such sum and with such securities as the board of trustees may prescribe, which bond shall be made payable to the state and filed in the office of the auditor of state; and the board of trustees may require, from time to time, when they may deem the same necessary, the renewal of said bond; they shall also have the power to determine his compensation for Compensation. services; also, the salary of the other officers and assistants, who may be necessary for the just and economical administration of the affairs of said institution. They shall

Steward.

His bond.

appoint a steward, who shall give a bond for the faithful discharge of his duty, upon the same terms

as are herein before required of the treasurer.

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