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the ground of
should not be
onnd of upon if the court, after hearing any testimony insanity. offered by the commonwealth or the defendant, be satisfied that he is insane at the time the verdict is rendered, it may order him to be taken to a lunatic asylum. 63. He may show for cause against the judgment any suf
ficient ground for a new trial, or for arrest of judgdefendant ment; he may also show that he is insane. If the why judgm’nt court be of opinion that there is reasonable ground pronounced. for believing he is insane, the question of his insanity shall be determined by a jury of twelve qualified jurors, to be summoned and empaneled as directed by the court. If the jury do not find him insane, judgment shall be pronounced. If they find him insane, he must be kept in confinement, either in the county jail or lunatic asylum, until, in the opinion of the court, he become sane, when judgment shall be pronounced. 64. If the sheriff be satisfied that there are reasonable
grounds for believing that the defendant is insane
if he may summon a jury of twelve persons on the there areo be jury list, drawn by the clerk, who shall be sworn by fendant is de the sheriff well and truly to inquire into the in
sanity of the defendant, and a true inquisition return; they shall examine the defendant and hear any evidence that may be presented; and by a written inquisition, signed by each of them, find as to the insanity. Unless the inquisition find the defendant insane, the sheriff shall not suspend the execution; but if the inquisition find the defendant insane he shall suspend the execution, and immediately transmit the inquisition to the governor.
grounds to be lieve that defendant is insane.
GOVERNMENT OF ASYLUMS. | 11. Contracts, how awarded.
12. "Illegal contracts not binding. 1. Establishment of asylum, title. 13. Exemption from taxation. 2. Board of administrators; appointment, term of office, inspection.
ADMISSION AND DISCHARGE. 3. Quorum, president pro tem.
14. Arrest and examination, commit4. Rules and regulations; contracts, ment, expenses borne by parish. administrators not to be interested
15. Private patients, regulations for adin; corporate powers.
mission. 5. Superintendent and subordinate
16. Private patients, charges for. officers, appointment, term of 17. Investigation of indigence, certifioffice, salaries.
cate of judge. 6. Inspection of asylums, weekly; accounts of receipts and expendi
CRIMINAL INSANE. tures, statistics, and reports. 18. Convict feigning insanity or re7. Treasurer to act as secretary, powers
stored to reason, examination. and duties, salary.
19. Recommitment to custody, fees. 8. Vacancies, when occurring, how 20. Upon acquittal on ground of insanfilled; special meetings.
ity to be committed to asylum. 9. Unlawful entry on premises, or an 21. When not indicted, fact of insanity noyance; penalties for.
to be certified to court. 10. Abduction from asylum, penalty. 22. Fact of insanity to be found in ver
dict of acquittal.
1. There shall be established in the town of Jackson, parish of East Feliciana, an asylum for the insane, to R. S. of 1876, be called the “Insane Asylum of the State of Asylum created. Louisiana.”
2. The governor of the state shall, by and with the advice and consent of the senate, appoint six persons, who $ 1761.; shall constitute a board of administrators of the ministrators state hospital for the insane, one of whom shall be the governor elected president by the members of the board. The four years. board shall remain in office four years, and they shall continue to exercise the duties of their office until their successors are qualified, and shall be removed and vacancies filled by the same power and in the same manner as pro- how fille vided for in their appointment. Members to compose the board shall be selected as follows: One from the parish of East Feliciana, one from the parish of West Feliciana, and four from the parish of Orleans. The members selected from the parishes of East Feliciana and West Feliciana shall constitute an executive committee, who shall visit the institution at frequent stated intervals, not less than semi-monthly, and report its condition and management to the president of the board.* 3. The president and any three of the members shall form a
Board of ad
appointed by the governor for the term of
quorum, and in the absence of the president any four of said members shall choose one from among themselves to act as president pro tem., and the
$ 1762. What shall form a quoran,
$ 1763. Powers of the board of ad. ministrators.
or the condition of the institution may require. Vacancies in the board shall be filled in the same manner as hereinbefore prescribed. 4. The board shall have power to make all rules and regu
lations for their own government, not contrary to e law; to make all necessary contracts; provided, how
ors. ever, that no member of said board shall in any manner be connected with the taking of such contracts, and they shall further have the right to accept any donation or legacy in the name of the asylum and for its use, to sue and be sued, plead and be impleaded, in all actions appertaining to the asylum.
5. The board shall elect the superintendent, who shall be $ 1764. the chief physician and the executive officer of the elected by the institution, and shall with his family reside on the ministrators. premises, and is forbidden to practice his profession beyond its limits. He shall serve during good behavior, and can be removed only by the board of administrators for cause. The superintendent shall name to the board suitable persons to act as assistant physician or physicians, where more than one is required; steward and matron, who shall be removed by the board on the recommendation of the superintendent. The salaries of all the above mentioned officers shall be determined by the board.
6. At every regular meeting, the board shall appoint two of $ 1765.... its members, whose duty it shall be to visit said be appointed asylum at least once a week, for the purpose of ascer
Officers to be
board of ad
* Placita 2, 3 and 5 are amended by act of 1874, No. 50, which does not appear in the code.
and its duties,
Report to be made annually by the board to the general as.
$ 1766. Treasurer to be annually elected, not to be a member of the board : his bond and his duties.
taining the manner in which the regulations are by the board, complied with, and at each monthly meeting to an report the condition of the asylum.
The board shall furnish the legislature, on the second Monday of each session, a detailed statement of the Re annual receipts and expenditures of said asylum; a statement of the names of the insane persons in the asylum; of the number and names of those ad- sembly. mitted; of those deceased, and of those cured and discharged during the current year.
7. The board shall elect annually a treasurer, who shall be ex-officio secretary, and who shall not be a member 5178 of the board, and who shall give bond and security for the faithful performance of his duty, to be approved by the majority of said board. It shall be i his duty to collect all debts due to said asylum ; to his receive quarterly upon the warrant of the president, whatever appropriations may be made by the state for its benefit; to take care and keep an exact account of the property, credit and revenues, and to make all necessary payments under such rules and regulations and restrictions as may be established by the board. Said treasurer and secretary, elected by His salary. the board, shall receive, as an annual salary for his services, the sum of six hundred dollars paid quarterly on the warrant of the president, out of the funds annually appropriated by the state.
8. The seat of any member who shall absent himself without sufficient cause from the regular meetings, shall be $1767. vacated by a majority of said board, and the vacancy seat of a memshall be immediately filled in the manner heretofore clared vacant. provided for. In the absence of the president, a ma- how filled. jority of the members shall have power to call a meeting of the board whenever the necessities of the asylum may require it.
9. If any person shall, without permission, enter any of the buildings or inclosures appropriated to the use of $1772. the patients, or shall make any attempt to do so, i or shall enter anywhere upon the premises belong- inclosurengs, ing to said asylum, and commit or attempt to com- a mit any trespass or depredation thereon, or if he shall either from within or without the inclosure, annoy or
ber may be de
Persons en tering any of the buildings,
etc., of the asylum, how punished.
disturb the quiet of any patient confined therein, upon conviction thereof before the mayor or any justice of the peace in the town of Jackson, he shall be condemned to pay a fine not less than five nor more than one hundred dollars for the
of the district
patient to es
court. court as in other cases. And the district court shall have concurrent jurisdiction over the offending party, and, in pronouncing judgment, may impose a fine and imprisonment in the parish jail for a term not less than ten nor more than thirty days, or both, at the discretion of the court.
10. If any person shall abduct or seduce any patient to elope $ 1773. or escape from said asylum, or shall attempt to do ducing any so, or shall aid or assist therein, every such person cape from the shall, upon conviction thereof, be condemned to pay punished. a fine of not less than fifty dollars, nor more than five hundred dollars, for the use of said asylum, and at the discretion of the court be imprisoned in the parish jail not less than one month nor more than six months, or both, at the discretion of the court.
11. In all contracts for work, to be let out by the board of $ 1774. administrators, the said board shall cause specificacontracts. tions to be made of the work to be done, and shall advertise the same for one month previous to the letting out of the contract, in a newspaper published in the parish of East Feliciana, and by notice posted up in the town of Jackson during the same time; and the parties wishing to bid for such contract shall be required to make their bids by sealed proposals, which shall be opened at a public meeting of the board by the president, on a day previously fixed, and the contract shall be awarded to the lowest solvent bidder, who shall give bond and security for the faithful execution of the same according to the published specifications.
12. Hereafter the board of administrators, or any officer of § 1775. the asylum, shall have no power to contract any be entered debt, borrow money, issue drafts, or make any conthe appropria- tract, or incur any liability connected with the legislature. administration of said asylum beyond the amount appropriated by the legislature and the revenue of the institution for such purposes; and no such contract, debt, or liability thus incurred, by any of said officers, shall be binding on the state, nor shall the state, in any manner, be liable for the same.
No contract to
tion of the