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character, experienced in the management of luna- Qualification. tics, and qualified as a physician; he shall hold his office for
Ibid $ 2. Counties to provide for
Duty of cir
ment, unless sooner removed by the board of commissioners for incompetency, neglect or improper conduct; he shall exercise such powers in control of the inmates of the Powers. asylum and in conduct of the institution as shall be determined between him and the board of commissioners, and Salary. shall receive such salary, not exceeding two thousand dollars per annum, as the board shall prescribe.
5. The said board shall regulate the number and the compensation of the employes of such asylum, and pre- Ibids scribe the duties to be performed by them.
Compensation. 6. The respective counties of the state shall provide, in the manner fixed by law for those of the inhabitants lbi who by reason of age, infirmity or misfortune may have claims upon the aid and sympathy of society. they
7. Whenever it shall be suggested, by petition or otherwise, to any judge of the circuit court of this state, that Ibid $ 3. there is any lunatic or insane person within the cuit judge on limits of the judicial circuit of said judge, incapa- lunacy. ble of managing his or her own affairs, or of taking care of himself or herself, it shall be the duty of said judge to issue a writ to the sheriff of the county wherein such lunatic or insane person is alleged to be, directing him to bring such person before him for the purpose of inquiring into Ingu the alleged fact of lunacy or insanity.
8. If it shall be found, upon investigation, that such person is a lunatic, or insane, the judge shall pass Ibid $ 4. such order or decree as is usual or necessary in such ing of lunacy. cases.
9. If it shall appear that such lunatic or insane person has sufficient estate to support him or her, the decree Ibid 85. Decreo made by the judge shall bind said estate.
10. If it shall appear that said lunatic or insane person is destitute, then the judge shall direct and order Ibid $ 6. that the sheriff shall transport such lunatic or lunatic to be insane person to the asylum for the indigent luna- asylum. tics of the state of Florida, and there deliver such lunatic or insane person to the officer having charge of the same, for the
Order on find.
to bind estate of lunatics.
vate care of
Comptroller to forward lists of luna tics to state attorneys.
purpose of his care, custody and treatment; provided, however, Order for pri- that the judge may, in his discretion, direct the lunatics." said lunatic or insane person to be delivered to any other person for his care, custody, and maintenance, in which event the said insane person shall be so delivered, and it shall be the duty of the person to whom such delivery is made to provide for his care, custody and maintenance. For such care, custody and maintenance the said person shall receive not exceeding the sum of one hundred and fifty dollars per Compensation, annum, to be fixed by the judge and paid by the
w paid. treasurer upon a warrant of the comptroller drawn against the appropriation for the maintenance of lunatics.
11. It shall be the duty of the comptroller, once in every six Ibid $ 7.. months, to forward to the state attorney of each to forward circuit a list of the lunatics in the care of private
persons in the several counties in his circuit; and it
shall be the duty of the state attorney to cause an Investigation investigation to be had into the merits of each case jury. by the grand juries of the several counties at the next term of the court. Upon the presentation of each case to the grand jury, it shall be their duty to inquire into the same, causing each of said lunatics to be brought before them by the sheriff of the county, and to make a report of the true con
to at dition of all such lunatics. A copy of this report torney gen. shall be forwarded by the state attorney to the comptroller. attorney-general and the comptroller. In all cases where the attorney-general shall deem it proper, he shall direct the state attorney to institute proceedings before the judge of
# the circuit court looking to the change of the custody Correhenge of, of said lunatic, or to his final discharge from such from custody. care and custody, or to his transfer to the state asylum; and the said judge shall make such order in the premises as to him shall seem just and right.
12. The sum allowed to any private person for the care and Ibia § 8. ... custody of any lunatic shall not exceed one hundred and proceed., and fifty dollars per annum, and no other or further accepted. sum shall be allowed for such service. In the event the sum herein allowed is not accepted by such person, the judge of the circuit court shall direct the transfer of the lunatic to the state asylum or his discharge, upon petition filed by such person.
Report to at
ings when not
bring lunatic before court or grand jury.
Ibid $ 12.
tics for pay.
13. Upon the filing of a præcipe to that effect in the clerk's office by the state attorney, or upon the order of the judge, the clerk shall issue a writ commanding the Sherit to sheriff to bring before the court or the grand jury before court any person alleged to be a lunatic or insane person, and the sheriff shall execute such process. The clerk and sheriff shall receive for such service such compensa- compensation as is now allowed by law for the issuing and tion. service of a capias.
14. It shall be lawful for the physician in charge of the asylum for indigent lunatics of the state of Florida, when directed by the board of commis- Care of lunasioners of state institutions, to receive into said asylum any lunatic, idiot or insane person whose friends, parents, or guardians, are able and willing to pay for the care, and custody, and maintenance of said lunatic, idiot, or insane person.
15. Such lunatic, idiot, or insane person shall receive all care, food, clothing and medical attention, as he or Ibid § 13. she may demand and require, from the physician and other employes of the asylum.
16. The board of commissioners of state institutions shall, in all such cases, prescribe what amount shall be ibid $ 14. paid by the friends, parents or guardians of any Terms. such lunatic, idiot or insane person, as may be received into the said asylum, for the support, care and custody of such idiots, lunatics or insane persons; and such moneys shall be paid by the friends, parents or guardians of such lunatics, idiots, or insane persons, quarterly, to the treasurer of the state of Florida, who shall receipt for the same; and such moneys so received shall always be taken and con- Disposition sidered as a part of the sum appropriated for the of maintenance of indigent lunatics, and shall be used as such.*
17. Whenever the board of commissioners of state institutions shall deem it necessary or expedient, they lhia $ 15. may require a good and sufficient bond from the Bond. friends, parents or guardians of any lunatic, idiot or insane
* The board of commissioners of state institutions is composed of the governor and cabinet.
person, whom it may be desired to have placed in the said asylum, for the prompt and faithful payment of what may be charged for the support, care, and custody of such lunatic, idiot or insane person; and if such friends, guardians or parents do not pay the amounts required by the board of com
81, p. 64. Fee and mileage.
Ch. 147, $ 19.
idiot or insane person, within six months after the same is due, it shall be the duty of said board of commissioners to comSuit on bond. mence suit upon such bond and any moneys recovered in any such action shall be always applied to the maintenance of indigent lunatics.
18. Hereafter any practicing physician who shall be called of 1883. in by a circuit judge to testify on an investigation
• as to the lunacy or insanity of an indigent person,
se. who shall be alleged to be a lunatic or insane, shall be paid the sum of five dollars, and ten cents per mile by the state out of the appropriation for the maintenance of indigent lunatics and insane persons; the same shall be audited by the comptroller on the approval of the circuit judge, and paid by the treasurer on the comptroller's warrant. 19. The physician of the state prison shall also be the physi
19. cian for such asylum, and shall exercise such powers Physician in the matter of the care of the inmates of such asylum as may be prescribed by said board of commissioners.
20. He shall attend upon all insane convicts, and when, in CH, 189, § 20. his opinion, it can be done without detriment or
danger to the other inmates of the prison, shall direct their removal to the prison hospital and see that they have proper care and exercise. 21. When any person tried for an offense shall be acquitted
by the jury by reason of insanity, the jury, in giving Ch. 87, $ 20.
their verdict of not guilty, shall state that it was given Insanity jury for such cause; and thereupon, if the discharge or goand court ing at large of such insane person shall be considered
by the court manifestly dangerous to the peace and safety of the people, the court shall order him to be committed to jail, or otherwise to be cared for as an insane person, or may give him into the care of his friends, on their giving satisfactory security for the proper care and protection of such person ; otherwise he shall be discharged.
When acquitted for
may say so,
GOVERNMENT OF ASYLUM. 1. Governor to appoint trustees. 2. Establishment and control of asy
lum. 3. Board of trustees; appointment. 4. Salaries; when paid. 5. Powers and duties; appointment
and removal of officers, corporate • powers, inspection of asylum. 6. Enumeration of officers. 7. Salaries of officers. 8. Offices to be separate. 9. Treasurer, bond and security of. 10. Accounts of treasurer and steward. 11. Annual report of trustees. 12. Estimates of expenses by trustees. 13. Superintendent, qualifications. 14. Duties of; residence, control of
asylum, discharge of inmates. 15. Exemption of officers from militia,
road and jury service. 16. Sale of liquor near asylum pro
33. Like proceedings in other cases. 34. Idiots, epileptics and inebriates ad.
mitted to asylum. 35. Admission of, rules and regulations
to be adopted. 36. Support of all patients to be free;
special care on agreement. 37. Rules for admission, copies of, to be
distributed. 38. Inebriates, when admitted, physi
cians' certificate. 39. Inebriates separately confined ; to
be classifie l as private patients. 40. Negroes, admission of, certificate
of ordinary of county. 41. Temporary confinement of patients. 42. Absence during three months re
quires re-examination. 43. Commission of lunacy, application. 44. Finding of commission, commit
ment. 45. Expenses of commission and com
mitment. 46. Commitment by guardians, penal
ties for neglect. 47. Arrest and commitment, expenses.
ADMISSION AND DISCHARGE. 17. Who may be admitted. 18. Classification of insane. 19. Separate apartments for different
classes. 20. Preference to citizens. 21. Citizenship to be shown. 22. Census of insane required. 23. Admission of private patients on
evidence of insanity or physi
cians' certificate. 24. Certified copy of records. 25. Admission of private non-resident
patients, regulations for. 26. Classification of private patients. 27. Indigent patients, certificate of in
digence; liability of relatives. 28. Support of indigent patients. 29. Indigent patients becoming pos
sessed of property, liable for sup
port. 30. Discharge of harmless incurables. 31. Discharged patients supplied with
clothing and money. 32. Private patients, relatives may de
mand trial after commitment.
CRIMINAL INSANE. 48. Non-accountability of insane to law. 49. Plea of insanity, how tried. 50. Becoming insane after conviction,
trial of. 51. Convicted of capital crime, com
mitted to asylum. 52. Provisions for criminal insane to
apply to convicts. 53. Restored criminals re-committed. 54. Insane convicts to be transferred to
asylum. 55. Oath on inquest of insanity in capi
tal cases. 56. Exemption from trial during in
sanity. 57. Insane convicts admitted on certifi
cate of physician of penitentiary. 58. State liable for support. 59. Restored convicts returned to prison. 60. Convicted of capital crime, dis
charged by legislature on recovery; discharge of other criminals.