moved you are, therefore, hereby commanded forthwith to remove said patient, and return him to township, circuit court, Clerk. Immediately upon receiving such warrant, the sheriff shall forthwith execute the same and return it to said clerk; provided, however, that patients may be discharged to their friends, when said friends are ready, able, and willing to remove them; or to themselves, when restored to perfect health of mind and body, and are in every way able to provide for themselves; and in such cases, the said clerk shall not issue said warrant. § 2865. sion delayed. 66. If a person be adjudged insane, and be not admitted to a hospital for the insane within the state, within six calendar months after the date of the inquest, said when admis person shall not be admitted to any hospital for the insane within the state, excepting the proceedings provided in section 16 [§ 2862] be substantially had. And it is further required, in such case, that a transcript, as in the original proceedings, be sent to the superintendent with the application for admission, or given to the friends of the patient, as hereinbefore required, unless such transcript has already been so transmitted. 67. It shall be the duty of the superintendent of the Indiana hospital for the insane to supply, through the proper § 2866. authority, at the expense of the state, to the clerks of Blank forms. the circuit courts of the state, such proper and uniform blank forms as, according to the provisions of this act, are necessary for the making out of the various statements and certificates herein required; and only such authorized forms shall be used. 68. If any patient escape to the county from whence he or she was committed, the sheriff shall, upon the order $ 2867. of the said superintendent, arrest and return him or Escape and her to said hospital. return of pa tient. Habeas cor 69. Any person committed as insane may apply to the proper authorities for a writ of habeas corpus, and the ques- $28. tion of insanity shall be decided at the hearing. An pus. adverse decision shall not operate as a bar to the issuance of another writ; provided, however, that writs of habeas corpus shall not issue oftener than once in every period of three months in such cases. $2869. Supplies for 70. Where a patient is discharged as cured, the superintendent shall furnish him with suitable clothing, and a discharged pa- sum of money not exceeding twenty dollars, unless otherwise supplied. tients. 71. If the application shall be made for the admission of more patients than the hospital can receive, a selecpatients. tion shall be made as follows: § 2870. Selection of 1st. Recent cases (i. e., when the disease is of less than one year's duration) shall have the preference over all others in the county. 2d. Chronic cases (i. e., when the disease is of more than one year's duration) presenting the most favorable prospect of recovery, shall be next preferred. 3d. Those for whom applications have been the longest on file, other things being equal, shall be next preferred. 4th. Each county shall be entitled to its just proportion, according to its population; but the trustees, in the exercise of a sound discretion, may, if necessary, give preference to recent cases from one county over chronic cases from another county. 72. The taxable costs and expenses to be paid under the § 2871. Costs. provisions of this act shall be as follows: to the examining officers holding the inquisition, each two dollars per day. To the medical witness accompanying the officers on their visit to the person alleged to be insane, or attending the investigation, or making out a certificate, three dollars per day. To other witnesses, the same fees as are allowed by law in other cases in the circuit court. To the clerk of the circuit court the same fees as are allowed by law for the like services in other cases, and the amount of postage upon all the communications to and from the superintendent, which said clerk is required to pay. To the sheriff, for serving process herein, and attending the inquisition, the same fees as are allowed by law for like services in other cases; and for taking a patient to the hospital, or removing one therefrom upon the warrant of the clerk, mileage going and returning at the rate of eight cents per mile and fifty cents per day for the support of each patient on his way to and from the hospital; to each assistant allowed by the clerk, and accompanying the sheriff, mileage at the rate of eight cents per mile going and returning, the computation in both instances to be made from the county-seat to the hospitals by the nearest route. To other persons discharging the duties of sheriff herein, as by this act provided, the same fees as are herein allowed to the sheriff; and to the assistants of such person, the same fees as are herein allowed the assistants of the sheriff. The costs specified in this section shall be paid out of the county treasury of the proper county, upon the certificate of the clerk and the order of the county auditor. 73. In addition to the duties and powers heretofore conferred by law upon the trustees of the Indiana hospital for $2875. Incurably the insane, it shall also be their duty as soon as the insane. necessary arrangements and buildings therefor can be made. and provided in accordance with the provisions of this act, to take charge of and provide for the incurably insane of the state of Indiana in the same manner, as nearly as may be practicable, as the insane of the state are by existing laws required to be cared and provided for. § 2876. incurably insane. 74. The applications and proceedings necessary to secure the admission of incurably insane persons to said hospital, when completed for them, shall be the Admission of same as those now required by law to secure the admission of insane persons to the present hospital for the insane, or as nearly as the same are applicable; and such other regulations not inconsistent therewith, as may be reasonable and necessary, may be prescribed from time to time by the trustees of the hospital for the insane. Department 75. Whenever the buildings provided for by this act or such part thereof as may accommodate three hundred § 2877. patients, together with necessary officers and attend- for women. ants, shall have been opened, all of the insane women at that time inmates of the Indiana hospital for the insane shall be transferred and received as inmates of the new buildings; which buildings shall thereafter be known and designated as the Indiana hospital for the insane, department for women; and no men shall ever be admitted to such department for custody or treatment. 76. Whenever all the women inmates of the Indiana hospital for the insane shall have been removed from § 2878. said hospital and provided for in the department for men. Department for women, the wards thus vacated in said hospital shall be open for the reception of insane men; and the entire building shall be known and designated thereafter as the Indiana hospital for the insane, department for men; and no women shall be admitted thereto for custody or treatment. § 5142. Complaint, arrest, witnesses. 77. When complaint, on oath, shall be made before any justice of the peace, that any person is insane, and dangerous to community if suffered to remain at large, such justice shall issue a warrant to any constable within his county, or to the sheriff thereof, commanding him to apprehend such insane person, and bring him forthwith before him; which process shall be served and returned in the same manner as state warrants are served and returned. And he shall issue a summons for, and compel, by attachment, the attendance, at the trial hereinafter mentioned, of such witnesses as may be demanded by either party, under the same regulations as govern criminal prosecutions in justices' courts. 78. Immediately after the issuing of such warrant, such 5143. justice shall issue to such constable a venire for a jury of six reputable householders or freeholders of the county; which shall be served and returned as other summonses for a jury before a justice of the peace are served and returned. And in granting changes of venue, continuances, and the conduct of such proceeding generally, such justice shall be governed by the law regulating his criminal jurisdiction, when not inconsistent herewith. Venire, prac tice. $5144. Jury chal 79. Whenever such insane person is arrested and brought before such justice, and the requisite number of lenges. competent persons are present, such justice shall administer to them an oath or affirmation to impartially try the issue, according to law, whether such insane person is insane, and dangerous to community if suffered to run at large; but, before administering such oath, such justice shall interrogate each of such jurors, under oath, as to whether he is prejudiced against such insane person, has any interest in his property, or is related to him, or any member of his family, by consanguinity or affinity within the fifth degree; and if he shall answer affirmatively any of such interrogatories, he shall be rejected from such jury. Such insane person, or any person in his behalf, shall have the right to challenge three of such jurors peremptorily. § 5145. Finding and proceedings before justice. 80. After hearing the evidence introduced upon trial of such issue, and the personal inspection of such alleged insane person (who shall be personally present at such trial), if the jury find that such person is not insane, or that he is not dangerous to community if suffered to remain at large, he shall be discharged from custody, and the costs of such proceeding shall be taxed against the complaining party; but if the jury find that such person is insane, and dangerous to community if suffered to remain at large, such justice shall appoint some resident of the county to take charge of and confine such person, for which he shall receive a reasonable compensation from the board of com- County commissioners of the county, at its next term thereafter, allow reasonto be paid out of the county treasury. Said commis- sation. sioners may appoint some other person to take charge of such insane person, at any time in their discretion; or such justice, upon complaint and proof that such insane person is illy treated by the person so appointed as aforesaid, may appoint some other person to take charge of such insane person. missioners to able compen tify to court; trial. 81. Such justice, in case the finding of such jury be against such insane person, shall certify his proceedings $5146. thereupon, within ten days thereafter, to the circuit Justice to cer court of the county. And at the next term of such court, after the filing of the transcript of such proceedings in the clerk's office thereof, such court shall cause said issue to be again tried by a jury of twelve persons, under like instructions and conditions as to the manner of impaneling the jury, administering oaths, peremptory challenges, verdict of jury, judgment for costs, as herein before provided; and if the finding of such jury shall be against such insane person, such court shall confirm the appointment of such person to take charge of such insane person, or may appoint some other suitable person for that purpose. Order of 82. If such insane person, so adjudged insane and dangerous as aforesaid, have a family, and his property shall $5147. not exceed in value five hundred dollars, no part of court. his estate shall be applied to the payment of the costs of such proceedings, or for his keeping; but when he shall have no family, all his property, or, where he has a family, and his property shall exceed in value five hundred dollars, the excess |