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GOVERNMENT OF ASYLUMS.
after inquest. Regulations for
discharge. 1. Establishment of asylums, titles,
24. Private patients, charges for. corporate powers, government
25. Support to be secured in advance, vested in board of commissioners.
unexpended moneys refunded. 2. Board of commissioners, term of
26. Fact of indigence of married peroffice, classification of, oath.
son certified on inquest. 3. Appointment, from what county.
27. Indigent patient becoming entitled 4. Organization, quorum, powers and
to property, charges for; liability duties; general control, by-laws
of relations. and regulations, meetings, in
28. Expenses of commitment. spection of asylums; secretary
29. Appointment of counties, classificaand treasurer, not to be members
tion of insane, transfer of patients. of board ; officers not to be inter
30. Idiot not admitted unless dangerous. ested in contracts, records.
31. Discharge of idiots and incurables, 5. Superintendent, qualifications, ap
commission for investigation, pointment, term of office; sala
findings, to whom re-committed, ries of officers.
duty of maintenance, place of 6. Superintendent, powers and duties
confinement. of, control of asylum, register of
32. Discharge, expenses of. patients, appointment of inferior
33. Support of returned patients. officers, receiver, accounts of.
34. Returned patients, custody of in
Louisville. of superintendent.
35. Jurisdiction of courts over insane. 8. Treasurer, bond and security of. 9. His powers and duties, report,
36. Property of patients may be sold
for support. illegal use of moneys, penalties. 10. Audit of accounts; warrants.
37. Guardians of insane, their powers
and duties. 11. Steward, duties of; purchases,
38. Suits against, how brought. itemized accounts, control of
39. Guardians, when appointed. grounds, inventory, illegal sale
40. Indigent insane, regulations for of supplies, bond, salary.
support. 12. Special auditor appointed.
41. Limit of expenses for. 13. Exemption of officers from militia,
42. Inquest of insanity by jury. road, and jury service; their
43. District attorney, duties at inquest. evidence given by deposition.
44. Oath administered to jury. 14. Actions in behalf of asylums.
45. Judgment upon verdict; verdict 15. Statistics of asylums.
set aside at discretion of judge. 16. Expenses, statement of, warrants,
46. Appearance of defendant, in discrehow drawn, illegal use of public
tion of judge. properties, penalties for.
47. Indigent insane, expenses of in 17. Audit of claims.
asylum, borne by state. 18. Commissioners to report the number
48. Investigation of mental ability. of idiots and incurables confined.
49. Care of persons and estate, appoint19. Temporary physicians.
ment of guardian. 20. Asylums to be insured.
50. Disposition of papers of inquest; 21. Exemption from taxation.
inquiry into recovery.
51. History of the case to be submitted. ADMISSION AND DISCHARGE.
52. Liability of estate for support. 22. Preference to residents over non 53. Certification of date of attack. residents.
54. Payments by relatives refunded on 23. Private patients admitted only ! production of certificate.
55. Expenses of commitment, fees for. 56. Previous regulations to be complied
with, duty of officers. 57. Duty of superintendent on notice
of commitment. 58. Penalty for attempting to introduce
a pauper as a charge upon an
other county. 59. Epileptics not admitted to asylum. 60. Estate of patient sold for support.
CRIMINAL INSANE. 61. Suspension of criminal proceedings;
jury trial of insanity, commit
ment, on recovery remanded. 62. Fact of insanity found in verdict. 63. Arrest of judgment; jury trial of
insanity, commitment; on re
covery, judgment pronounced. 64. Suspension of execution : jury of I
insanity, notice to governor.
1. The three lunatic asylums of this state shall be, and Act of 1876, are hereby, continued under their present organizaBodies politic. tion and the control of their present commissioners; and the commissioners, superintendents, stewards, and other officers shall hold their offices for the term for which they were respectively appointed, but subject to removal according to law. Each asylum is declared to be a body-politic and corporate, for the benefit of the state—that at Lexington, by the Names of name of the “Eastern Kentucky Lunatic Asylum;" that at Hopkinsville, by the name of the “Western Kentucky Lunatic Asylum;" and that at Anchorage, by the name of the “Central Kentucky Lunatic Asylum;" and as such shall have Rights and perpetual succession; may have and use a common powers. seal; may make contracts; may sue and be sued; may receive any gifts or devises in aid of objects of its institution; and shall have all other rights and powers, incident to corporations, which are necessary and proper for carrying out the purposes for which it was established. The said corporations are severally invested with the title to all the property and rights of action now held by the institutions respectively.*
2. The board of commissioners for each asylum shall be Ibid $ 2... composed of nine discreet business men, residing of board of within six miles of the asylum, appointed by the
governor by and with the consent of the senate, and he may fill vacancies that happen, in the recess of the senate, Vacancies by granting commissions, which shall expire at the governor. end of its next session. The term of office of each commissioner shall be six years, except the boards appointed Term six yrs. first after the passage of this act. The board of commissioners of each and every of said asylums, at their first meeting, which shall be held at their respective asylums
* This act of 1876 and its amendments will also be found in General Statutes of 1881 as chapter 73.
Board to be divided into
cb. 1012. $1. Appointment.
ch. 900, $ 3.
is a quorum; record must be signed by
on the first day of May, 1876, shall divide by lot Board to be their respective boards into three classes; three classes. commissioners shall be allotted to each class, and the seats of the first class shall be vacated on the first day of January, 1878; that of the second class vacated two years thereafter; that of the third class vacated four years thereafter from the first day of January, 1878, and so one class of three commissioners shall vacate every two years. Each commissioner, before entering upon the trust, shall take an oath Commisthat he will well and faithfully discharge the take oath. duties thereof.
3. The governor is hereby authorized to appoint the commissioners for the respective asylums from the county Act of 1876, in which the asylum is situated.
4. (1) The commissioners shall elect one of their own number president of the board. A majority shall consti- Act of 1876, tute a quorum, but a concurrence of not less than a Board to elect majority of all the board shall be necessary for the dent; majority allowance of any claim or the transaction of any record mast' other business; and such proceedings shall not then president, atbe binding until the record thereof shall have been retary. approved and signed by the president, and countersigned by the secretary.
(2) They shall have the general management and control of all the land, buildings, funds, books, papers, and Board to have other effects and property of their respective asy." lums, and shall cause them to be used and applied in the way best calculated, in their judgment, to promote the objects for which the institution was established. They shall cause all state appropriations to be used as directed by law, and all private donations and grants to be sacredly applied to the purposes specified by the donors or the grantors; but the state reserves full control over the institutions, their officers, and affairs.
(3) They shall make such by-laws and regulations as they may deem necessary for the government of the insti- By-laws. tutions and of all officers and employes connected with them.
(4) They shall hold regular meetings at the asylums at least once in each month, and oftener, if the interests of Monthly the institution shall require. Meetings may be inspections. called by the president or any two commissioners. They shall
tested by sec.
treasurer, appointmentterms of office.
shall sell any.
maintain a vigilant inspection of the asylums, for which purpose one of them shall visit them every week, two in each month, a majority in each quarter, and the whole board once in every six months, in the manner and at times prescribed by the by-laws. The visiting commissioners shall note in a book Visits re- kept for the purpose the date of each visit, the concommission. dition of the house, patients, etc., with such remarks ·
as may be deemed necessary. Any commissioner months' non. who cannot or will not comply with his duty as visvacates office. itor for three months shall vacate his office, and the president shall report the same to the governor, who shall fill the vacancy.
(5) They shall appoint a secretary and treasurer and matron Secretary and for the term of four years, and may remove them at pointment their discretion, and fill their places with others.
No secretary or treasurer shall be a member of the No oficer board of commissioners, and no commissioner nor thing to asy. other officer shall sell anything to the asylums nor
make with them any contracts in which he is directly
ot or indirectly interested, nor shall the office of secresame person tary and treasurer be held by one and the same person.
(6) They shall keep a record of all their proceedings, which, Record of all together with the books of the secretary, treasurer, to be kept...and steward, and other officers, and all books and inspection papers of the institutions, shall always be open to the inspection of the superintendent or any commissioner, the governor, a committee of the legislature, or any person appointed by either the governor or the legislature for their examination.
5. There shall be for each asylum a medical superintendent, Ibid § 4. who shall be a skilful physician, and a steward; lums, how ap- and for the eastern Kentucky asylum a first and a term of office second assistant physician; and for the central Kentucky asylum, one assistant physician. These officers shall reside in the asylum. They shall be appointed by the govVacancies ernor, by and with the advice and consent of the filled by gov.
senate; and he may fill vacancies that happen during the recess of the senate, by granting commissions that Subject to re- shall expire at the end of its next session. Their
term of office shall be four years; but they shall
Office of secretary and treasurer not to be held by same person.
and subject to
Officers of asy.
moval by goy. ernor.
Medical superintendent, duties of
be subject to removal by the governor at his discretion. These officers, and also the treasurer and matron, shall re- Compensaceive such compensation as is now provided by law, paid. except as otherwise provided herein; and the salaries of all officers shall be paid out of the general appropriation made by the state for the support of the institution.
6. (1) The medical superintendent shall have the general management, supervision, and control of the asylum ibid $ 5. and patients, subject to the regulations of the board per of commissioners, and shall devote his entire time thereto. He shall keep a register of all patients, showing their names, ages, residences, dates of reception and discharge or death by whose authority received or discharged, and whether they are pay patients or paupers.
(2) The superintendent shall appoint all such other inferior officers and employes (not otherwise provided for in other inferior this act) as he may deem necessary for the proper appointed bois management of the institution, and he may remove sup any of them at pleasure and fill their places with others.
(3) It shall be the duty of the superintendent to appoint a receiver, to be approved by the commissioners, Receiver, apwhose duty it shall be to receive all goods and sup- and duties of. plies of any and all kinds purchased for the use of the asylum; take charge of them, see that they correspond with the bills accompanying them in character, quantity, and quality; weigh or measure the same, and distribute them to each and every department of the asylum as the superintendent may direct by written order; and in a book kept for the purpose open an account with each and every department, charging therein cost price for all goods so received and distributed. This book shall be open at any and all times for the inspection of the superintendent, any commissioner, and of the governor, a committee of the legislature, or any person appointed by either for the examination.
7. In case of the sickness or absence of the superintendent, his duty shall be discharged by the first assistant Ibid $ 6. physician; and if the first assistant be absent or periutendent. sick, then by the second assistant physician, if there be any.
8. The treasurer, before acting as such or receiving any funds of the institution, shall execute covenant to Poria
Absence of su