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Trustees of

$ 1363 Dis. charged paupers must be clad.

$ 1364.

necy may be demanded.

power, upon the certifying thereunto of the medical $1344 a. officer of the institution, to discharge or remand to asylum may the care of friends and relatives, any lunatic-a mates. patient in said asylum-whose condition is such that no probability exists of his or her restoration to full reason and sanity by medical ministrations thereto, and who, at the same time, is regarded harmless and inoffensive in spirit, and whose remission to social life would reasonably involve no danger to the life of those with whom he or she would be associated.

31. A pauper patient shall not be discharged from the asy: lum without proper clothing and a sum of money necessary to carry him to his residence or the county from whence he was sent.

32. If before or after admission of a pay patient, resident or non-resident, by certificate, the person alleged to be a lunatic, or his friend or relative, may make a de- Trial of lu, mand of the superintendent for a trial of the question of lunacy by jury, which shall be had without delay, according to law, in the county of Baldwin.

33. The like demand and trial may be had by all patients who have been convicted of lunacy, if the person 3 1365. demanding it, being relative or friend, will make an may be als affidavit that he believes the alleged cause of commitment did not and does not exist, and that the conviction was obtained by fraud, collusion, or mistake. The same right exists, when there is an affidavit that the cause of commitment has ceased to exist, and there is a refusal by the superintendent to discharge after demand made.

34. Lunatics, epileptics, idiots and demented inebriates shall be admitted to, and discharged from, the lunatic asylum, under such rules and regulations as the idiots. trustees of said asylum shall make and prescribe, and not as now provided by law.*

35. The said trustees, at their first meeting after the passage of this act, shall prepare and prescribe rules $1344 c. and regulations for the purposes aforesaid, and from regulations. time to time, as experience may demonstrate to be adopt. necessary, alter and change the same, which said rules and regulations, when thus established and prescribed, shall be

manded.

$ 1344 b.

Trustees to

* 2% 1344 b, c, d and e will be found in the addenda.

$ 1344 d. Free admission.

Extra food, etc., may be furnished.

$ 1344 e.

rules and

6 1366. Inebriates

executed and carried into effect by the superintendent and other officers of said asylum. 36. Said lunatic asylum shall be free to all the resident

citizens of this state who may be lunatics, idiots,

epileptics or demented inebriates, and who, when admitted, shall receive free, the same food, raiment and medi

cal and other attention, as shall be provided for the

inmates generally; provided, however, that if the family or friends of any inmate shall desire to furnish extra or additional food, or other comforts, they may be allowed so to do at their own expense, under such rules and regulations as said trustees may prescribe. 37. As soon as regulations have been made by the trustees

for the reception of patients, it shall be the duty of Copies of

said trustees to furnish or cause to be furnished, to regulations.

the different ordinaries of this state, copies of said rules and regulations. 38. When by a provision of this code, elsewhere made, a per

son is declared to be an inebriate and incapable of inay be admit. managing his property, such person, by his own

consent, if capable, and if incapable, by the consent of his nearest relative, or when a person is not so declared, but has the certificate of three physicians, and is himself willing, such person may be received into said asylum, allowed the use of apartments devoted to him, or such as are suitable, and to be treated as a patient thereof.

39. Such patients shall never be placed in company with Inebriates

any other class of patients without their consent, how kept.

nor placed in confinement unless they are dangerous to themselves or others. [They must pay for their support as pay patients and be subject to the control of the superintendent as other pay patients until discharged.] 40. Apartments must be provided for insane negroes, resi

dents of this state, who are able or unable to support

and take care of themselves. Those negroes who are able must pay for their support; those unable must be supported as other pauper patients. The certificate of the ordinary of the county where the negro resides, of his condition, mentally and pecuniarily, shall be sufficient to grant his admittance.

41. Whenever there shall be an application for admission

ted.

1367.

Insane ne

groes, etc.

$ 1373

form.

Proceedings to obtain com

unattended by the requisite evidences, the superin- Temporary tendent has authority to receive and provide for the parentsion of person for a reasonable time, provided a sufficient sum shall be advanced for his maintenance in the meantime.

42. When a person has been properly received as a patient, but is absent for as long as three months, either from discharge, elopement, or removal by friends, he can- ihree times this not be received at the asylum without going through committed in the process required in this chapter, according to the class of patients of which he may be. .

43. Upon the petition of any person on oath, setting forth that another is liable to have a guardian appointed $1835. under the provisions of this article, [or is subject to be committed to the lunatic asylum of this state), mission. the ordinary, upon proof that ten days' notice of such application has been given to the three nearest adult relatives of such person, or that there is no such relative within this state, shall issue a commission directed to any eighteen discreet and proper persons, one of whom shall be a physician, requiring any twelve of them, including the physician, to examine by inspection the person for whom guardianship (or commitment to the asylum,] is sought, and to hear and examine witnesses on oath, if necessary, as to his condition and capacity to manage his estate, and to make return of such examination and inquiry to the said ordinary, specifying in such return under which of said classes they find the said person to come. Such commissioners shall be first sworn by a justice of the peace "well and truly to execute the said commission to the best of their skill and ability,” which oath shall be returned with their verdict.

44. Upon such return finding the person to be as alleged in the petition, or within either of said classes, the or- 1836. dinary shall appoint a guardian for him, [or com- appointment. mit him to the lunatic asylum].

45. It shall be the duty of each ordinary of this state to draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requi- lunacy con

of site to defray the expenses of trying every commis- mission, etc. sion of lunacy, and of carrying or conveying such insane person from such county, to the state lunatic asylum, when such insane person shall be lawfully committed to such asylum ; provided, that no money shall be drawn from the county

Return and

$ 1861 a.

f 1863. Guardians may confine insane wards.

$ 1864.

ward at instance of

treasury for the purposes herein set forth, where the estate of such insane person is sufficient to defray such expenses. 46. Guardians of insane persons are authorized to confine

them, or place them in the asylum, if such a course is necessary either for their own protection or the

safety of others; and a guardian wilfully failing to Liability of guardians. take such precaution with his ward shall be responsible for injuries inflicted on others by such ward. 47. [When there is no guardian for an insane person, or the

guardian on notice refuses or fails to confine his Proceedings ward, and any person shall make oath that such

insane person, for public safety or other good and third person. sufficient reason, should not longer be left at large, the ordinary before whom said oath is made, shall issue a warrant, as in criminal cases, for the arrest of such insane person, to bring him before him on a day specified; and said ordinary, on an investigation of the facts, may commit such insane person, to the lunatic asylum, and if necessary, cause him to be temporarily committed to jail until he can be removed to the asylum; and the expense of such confinement and the proceedings shall be paid out of the estate of such insane person, if any, and if not, out of the county funds.] The fees of the ordinaries of the several counties of this state for making out commissions of lunacy, and all other services connected therewith, shall be five dollars, and no more; and the fees of sheriffs and bailiffs for summoning juries, and other services connected with the trial of cases of lunacy, shall be three dollars, and no more. 48. A lunatic or person insane, without lucid intervals,

shall not be found guilty of any crime or misdemeanor with which he or she may be charged; pro

vided, the act so charged as criminal was committed in the condition of such lunacy or insanity; but if a lunatic hath lucid intervals of understanding, he shall answer for what he does in those intervals as if he had no deficiency. 49. Whenever the plea of insanity is filed, it shall be the

duty of the court to cause the issue on that plea to be first tried by a special jury, and if found to be

true, the court shall order the defendant to be delivered to the superintendent of the asylum, there to remain until discharged by the general assembly.

8 4296. Lunatic not amenable to law.

$ 4299.
Plea of in-
sanity, how
tried.

Convict be

after viction; pro

50. If, after any convict shall have been sentenced to the punishment of death, he shall become insane, the 1666. sheriff of the county, with concurrence and assist- coming insane ance of the ordinary thereof, shall summon a jury ceedings. of twelve men to inquire into such insanity; and if it be found, by the inquisition of such jury, that such convict is insane, the sheriff shall suspend the execution of the sentence directing the death of such convict, and make report of the said inquisition and suspension of execution to the presiding judge of the district, who shall cause the same to [be] entered on the minutes of the superior court of the county where the conviction was had. And, at any time thereafter, when it shall appear to the said presiding judge, either by inquisition or otherwise, that the said convict is of sound mind, the said judge shall issue a new warrant, directing the sheriff to do execution of the said sentence on said convict, at such time and place as the said judge may appoint and direct in the said warrant, which the sheriff shall be bound to do accordingly. And the said judge shall cause the said new warrant, and other proceedings in the case, to be entered on the minutes of the said superior court.

51. When any person shall, after conviction of a capital crime, become insane, and shall be so declared in $ 4666 a.

Disposal of inaccordance with the provisions of section 4666, of sane convicts. the code, it shall be the duty of the judge to certify the fact, and the said convict shall be received into the lunatic asylum, there to be safely and securely kept and treated as other adjudged insane persons.

52. All the provisions of the law, relating to insane persons under sentence of imprisonment in the peniten- § 4666 8. tiary, shall apply to the class of cases herein provided for, so far as applicable.

53. If such convict shall recover, the fact shall be at once certified by the superintendent to the judge of the court in which the conviction occurred, whose duty on recovery of it shall be to have the convict removed to the jail of the county in which the conviction occurred, or to some other safe jail, and shall pass sentence either in term time, or vacation, upon the criminal, which shall be executed by the sheriff, as in other cases. [See pl. 59.]

Provisions.

4666 c.

insane convict.

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