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order of the secretary of the interior, shall receive or continue to receive the benefits of the hospital, there shall be paid to the superintendent from the income, property, or estate of such insane person such portion of his expenses in the hospital as a majority of the board shall determine to be just and reasonable, under all the circumstances.

§ 4850.

Admission of

of district.

17. Any indigent insane person who did not reside in the district at the time he became insane, may, in like non-residents manner, upon the certificate of a judge or justice. and the application of a member of the board of visitors, be admitted into the hospital upon the application of the governor of the district, and at the expense of the district during the continuance of such insane person therein, it being hereby designed to give the superintendent thereof authority to take charge of such insane person until the governor can discover who his friends are, or whence he came, with a view to the return of such person to such friends, or to the place of his residence, and thus relieve the district of the expense and charge of such indigent insane non-resident.*

§ 4853. Private patients.

18. Whenever there are vacancies, private patients from the district may be received at a rate of board to be determined by the visitors, to be in no case less than the actual cost of their support.

§ 4854.

Admission of

19. The independent or pay patients may be received into the hospital for the insane on the certificate of two pay patients. respectable physicians of the district, stating that they have personally examined the patient, and believe him to be insane, at the time of giving the certificate, and a fit subject for treatment in the institution, accompanied by a written request for the admission from the nearest relatives, legal guardian, or friend of the patient, where he may remain until restored to reason. The friends of the patient shall comply with the regulations of the hospital in respect to payment of board, and in all other respects. The request for admission must be made within five days of the date of the certificate of insanity.

By statute of June 20th, 1874, ch. 337, 2, vol. 18, p. 116, the office of governor was abolished, and the powers theretofore exercised by that officer were conferred upon the commissioners whose appointment was therein authorized, subject only to the limitations contained in the statute of 1874.

Discharge of

bond.

20. If any person will give bond with sufficient security, to be approved by the supreme court of the District $ 4856. of Columbia, or by any judge thereof in vacation, patients upon payable to the United States, with condition to restrain and take care of any independent or indigent insane person not charged with a breach of the peace, whether in the hospital or not, until the insane person is restored to sanity, such court or judge thereof may deliver such insane person to the party giving such bond.

U. S.,1878. § 1.

21. In determining the meaning of the revised statutes, or of any act or resolution of congress passed subsequent Rev. Stat. of to February twenty-fifth, eighteen hundred and Definitions. seventy-one, words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; words importing the masculine gender may be applied to females; the words "insane person" and "lunatic" shall include every idiot, non-compos, lunatic, and insane person; the word "person" may extend and be applied to partnerships and corporations, and the reference to any officer shall include any person authorized by law to perform the duties of such office, unless the context shows that such words were intended to be used in a more limited sense; and a requirement of an "oath" shall be deemed complied with by making affirmation in judicial form.

Disbursement

tions for the

22. All appropriations of money by congress for the support of the hospital for the insane shall be drawn from $4558. the treasury on the requisition of the secretary of of appropria the interior, and shall be disbursed and accounted insane. for in all respects according to the laws regulating ordinary disbursements of public money.

R. S., Supl. ch. 105, par. 2.

Laws of 1877,

District of

23. One-half of the expense of the indigent persons who may be hereafter admitted (to the government hospital for the insane) from the District of Columbia shall be paid from the treasury of said district; provided, that hereafter such indigent persons shall be admitted only upon order of the executive committed to authority of the said district.

Columbia to pense of indi

pay half ex

gent insane

hospital.

24. *** One-half of the expense of the indigent patients from the District of Columbia shall be reported to the treasury

R. S., Supl. Laws

of 1879, ch. 182,

par. 11. Half of

department, and charged against the appropria

support to be paid tions to be paid toward the expenses of the district by the general government, without regard to

District of
Columbia.

the date of their admission.

25. No insane

§ 4857. Insane persons

not to be confined in jail.

§ 4851.

Admission of

accused of

person not charged with any breach of the peace shall ever be confined in the United States jail in the District of Columbia.

26. If any person, charged with crime, be found, in the court before which he is so charged, to be an insane perinsane person son, such court shall certify the same to the secrecrime. tary of the interior, who may order such person to be confined in the hospital for the insane, and, if he be not indigent, he and his estate shall be charged with expenses of his support in the hospital.

$48.52.

Insane convicts.

27. Any person becoming insane during the continuance of his sentence in the United States penitentiary shall have the same privilege of treatment in the hospital during the continuance of his mental disorder, as is granted in the preceding section to persons who escape the consequences of criminal acts by reason of insanity, unless it be the opinion, both of the physician to the penitentiary and the superintendent of the hospital, that such insane convict is so depraved and furious in his character as to render his custody in the hospital insecure, and his example pernicious.

§ 4855 Delivery of

nals restored

to sanity.

28. When any person confined in the hospital for the insane charged with crime and subject to be tried insane crimi- therefor, or convicted of crime and undergoing sentence therefor, shall be restored to sanity, the superintendent of the hospital shall give notice thereof to the judge of the criminal court, and deliver him to the court in obedience to the proper precept.

R. S. Supl.
Laws of 1874,

ch. 465, § 1, as

29. Upon the application of the attorney-general the secretary of the interior is hereby, authorized and directed to transfer to the government hospital for act of 1882, ch. the insane in the District of Columbia all persons who, having been charged with offenses against victs may be the United States, are in the actual custody of its

amended by

433, sess. 1, p.

330.

Insane con

transferred to

insane in Dis

hospital for officers, and all persons who have been or shall trict Col❜mbia be convicted of any offense in a court of the United States and are imprisoned in any state prison or penitentiary of

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 constate asylums

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 accommodation 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 said 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 restored to

returned to

prison.

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 it to b the transfer was made, provided the term of imprisonment 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.

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1. Institutions for the benefit of the insane, blind and deaf, and such other benevolent institutions as the

McClelland's Digest
of '81, ch. 147. § 1.
Constitution, art. 10.
Institutions for blind,
insane and deaf to
be fostered.

Ibid § 16. Portion of state buildings to be set aside for lunatic asylum.

public good may require, shall be fostered and supported by the state, subject to such regulations as may be provided by law.

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.

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