has been cured, and is in condition to be discharged from the asylum. § 2118. Guardians of sound mind; 37. The chancery courts of this state may, in their respective counties, appoint guardians to idiots, lunatics and persous of un- persons non compos mentis, on the application of appointment. friends or relatives of such persons, or on the application of the supervisor of the proper district; and when any such application is presented, if the court shall be satisfied that there is probable ground for the application, it shall direct a writ to the sheriff of the county, commanding him to summon the person alleged to be of unsound mind, and six good and lawful men of the county, who are in no way related to the party, to make inquisition thereof, on oath, who shall make full inquiry by evidence, and by examination of the party, if they think proper, and if the person said to be a lunatic, idiot, or non compos mentis, shall be judged by said inquest, or a majority of them, to be incapable of taking care of himself or herself, they shall certify the same under their hands to the court under which they were appointed, and the court or chancellor, or clerk in vacation, shall thereupon appoint some suitable person to be guardian of such idiot, lunatic, or person non compos mentis, directing and empowering such guardian to take care of the person, and his estate, both personal and real, and the cost of such inquisition shall be paid out of the estate of such person, if it be sufficient; and said court, or clerk, may direct the confinement in the lunatic. asylum of any lunatic who should be so confined; such writs may be issued by the clerk in vacation, on the order of the chancellor or without such order. 3139. Insane, how dealt with as 38. When a prisoner shall be brought before any conservator of the peace, charged with the commission of an offense, and, in the course of the investigation, it criminals. shall appear to such conservator, that the prisoner was insane when the offense was committed, and still is insane, he shall not be discharged; but such conservator of the peace shall remand the prisoner to custody, and forthwith report the case to the chancellor or clerk of the chancery court of the proper county, whose duty it shall be to proceed with the case, according to the law relating to persons non compos mentis. 39. When any person is held in prison or on bail, charged Insane crimi with an offense, and the grand jury shall not find a $3140. true bill, by reason of the insanity of the accused, nals. the grand jury shall certify the fact to the circuit court, and state whether, in their opinion, such insane person is in such condition as to endanger the security of person or property, and the peace and safety of the community. And if the grand jury report such unsoundness of mind, and such danger, the court shall forthwith give notice of the case to the proper chancellor, or clerk of the chancery court, whose duty it shall be to proceed with such person and his estate, according to the law relating to persons non compos mentis. Insane 40. When any criminal shall be indicted for an offense, and acquitted on the ground of insanity, the jury render- $3141. ing such verdict of acquittal, shall state such ground criminals. in their verdict, and shall also state in their verdict, whether the accused has since been restored to his reason, and whether he is dangerous to the community; and if the jury certify that such person is still insane and dangerous, the judge shall order him to be held in safe custody for the time being; and shall at once give notice of the case to the proper chancellor, or clerk of the chancery court, whose duty it shall be forthwith to proceed with such insane person, and his estate, according to the law relating to persons non compos mentis. MISSOURI. GOVERNMENT OF STATE ASYLUM. 1. Government vested in board of managers. 2. Managers may hold property in trust. 3. Managers, general control, purchases, rules and regulations. 4. Superintendent and officers, apappointment, residence. 5. Duties of officers prescribed by managers, removal. 6. Salaries paid quarterly. 7. Treasurer, residence, bond, duties, penalties for neglect. 8. Warrants for support, how drawn and paid. 9. Actions for asylum, how brought. 10. Compensation for attorney in suit for asylum. 11. Superintendent's qualifications; not to engage in private practice, oath of office. 12. Superintendent to control employes, employ assistants, receive and discharge patients. 13. Exemption of officers from jury and road service. 14. Official seal of asylum. 15. Managers, records and reports. 16. Inspection of asylum. 17. By-laws to remain in force until altered according to law. 18. Appropriations for erecting additional buildings. STATE ASYLUM, NO. 2. 19. Location and title. 20. Board of managers, organization; powers to construct buildings. 21. Term of office, oath, contracts. 22. Vacancies how filled. 23. Penalties for appropriating properties of asylum. 24. Powers and duties of manager similar to those of state asylum. ADMISSION AND DISCHARGE. 25. Patients, admission and discharge of, by superintendent. 26. Private patients may be admitted on agreement. 27. Application and certificate, contents; private patient, charges and bond for support. 28. Application, form of. 29. Physician's certificate, form of. 30. Bond of private patients, form of. 31. Private patients to be supplied with clothing. 32. Indigent insane, commitment by county courts, all expenses borne by counties, money for, how raised. 33. Admitted patients supplied with clothing, list of. 34. Preferences for admission. 35. Warrant of commitment filed with superintendent. 36. History of case sent with each patient. 37. Clothing supplied at expense of county. 38. Accounts of sums due forwarded to county courts. 39. Regulations for admission, statement filed with county clerk. 40. Subpoena of witnesses. 41. Examination of witnesses; jury in discretion of court. 42. Order of court; copy filed with superintendent. 43. Fact of dangerous insanity to be set forth in statement. 44. Warrant of commitment, form of; superintendent's receipt. 45. Warrant directed to relations at their request. 46. Indigent patients to be clad, expenses of borne by counties. 47. Certificate of indigence filed with superintendent. 48. Certificate of ability for support filed with superintendent. 49. Discharge, notice of to county clerk; warrant for, form of; penalty for neglect to execute. 50. Court clerk, on neglect of duties to be removed from office. 51. Fees for commitment to be paid by county. 52. Definition of terms. 53. Indigent insane, when supported by the state. 54. Escape, proceedings upon. EXAMINATION FOR APPOINTMENT OF 55. Investigation of insanity on infor- 56. Special term of court may be held in vacation. 57. Notice to defendant; appearance in 58. Application of county officers. 60. Costs of proceedings, how paid, on 61. Costs of proceedings, how paid, on 64. Support to be awarded out of estate. 66. On neglect of guardian, comm't- 67. Expenses of borne by estate. 70. Definition of terms. CRIMINAL INSANE. 71. Fact of insanity to be found in verdict of acquittal. 72. Commitment to asylum, temporary confinement in jail; expenses. 73. Indigent criminal insane, examination, commitment. 74. Temporary confinement pending 75. Insane convicts, examination, sus- 78. On recovery, remanded to custody. Rev. Stat. of 1579, $4102. Government of asylum. 1. The government of the state lunatic asylum* shall be under the control and direction of a board of managers, to consist of nine members, three of whom shall be competent physicians. They shall be appointed upon the nomination of the governor, by and with the advice and consent of the senate, and shall hold their offices for four years, and until their successors be duly appointed and qualified. The persons appointed managers shall be notified of their appointment by the secretary of state. When vacancies happen in the recess of the senate, they shall be filled by appointments of the governor; and the person so appointed shall serve until the meeting of the general assembly next succeeding their appointment, and until their successors be duly appointed and qualified. The persons appointed managers shall, before entering upon the duties of their office, severally take the oath prescribed in the constitution, and an oath or affirmation faithfully to discharge their duties as such managers, and to obey all laws in force relative to said asylum. 2. The managers may take and hold, in trust for the state, to the use of the asylum, any lands conveyed or de- $4103. vised, and any money or other personal property be held, how. Property to * At Fulton. given or bequeathed, to be applied to the benefit of the asylum. § 4104. Control of property. 3. The managers are invested with the general control and direction of the property and affairs of the institution, with power to direct such purchases as, under the advice of the superintendent, may be deemed necessary for the restoration of the insane. They shall prescribe rules, regulations and by-laws for the government, discipline and management of the asylum, and shall conduct its concerns agreeably to the requirements of law, and the rules, regulations and by-laws of the asylum. Appointment of officers. 4. The managers shall have authority to appoint a super$4105. intendent, assistant physicians, treasurer, steward and matron, all of whom, except the treasurer shall constantly reside in the asylum, and be designated the resident officers thereof. § 4106. 5. The managers shall, in their rules, regulations and bylaws, prescribe the duties of the respective officers, and fix the term thereof. They may, at their pleasure remove from office any officer of the asylum, save the superintendent; and they may remove the superintendent for incompetency, wilful neglect, or refusal to discharge any of his duties, or for any other misconduct which might render it unfit for him to remain in his office. § 4107. Salaries of determined and paid. 6. The managers shall determine the annual salaries of the treasurer and of said resident officers, subject to the officers, how approval of the governor and state auditor. Such salaries shall be paid quarter-yearly to the said officers, by the treasurer of the state, upon the warrants of the state auditor, out of any appropriations made for the payment of civil officers of government, on the requisitions of the board of managers, or any two of the members thereof. § 4108. Duties of treasurer. 7. The treasurer of the asylum shall reside in the town of Fulton, Callaway county, and give bond for the faithful performance of his trust, in such sum and with such securities as shall be approved by the governor and state auditor. He shall have the custody of all moneys, notes and other obligations and securities belonging to the asylum; and out of said moneys shall make payments on such warrants or orders as may be prescribed in the by-laws of the asylum. For |