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Governor shall certify amount due for keeping

draw warrant

dered to the governor by the owner, proprietor or amount duo managing agent of any institution with whom such the insane. contract may be made, which accounts so verified shall be made at least once every three months, together with a statement showing the condition of any such person or persons under treatment at said institution, and it shall be the duty of Auditor to the auditor to draw his warrant on the territorial on treasurer. treasurer for said amounts, and the treasurer shall pay the same out of any money in the territorial treasury not otherwise appropriated.

10. It shall be the duty of the governor of the territory of $ 1202. .. Arizona to appoint some suitable person, living Act of Jan. 24, 1877. $ 1.“ near the asylum of Langdon & Clark, in the state

w of California, whose duty it shall be to visit said visitor to in- asylum once in three months, and carefully examine from territory. the insane sent from Arizona to said asylum, and ascertain if they are properly cared for and treated ; also, to examine their mental condition, and if found to be sufficiently restored to reason, to direct the physicians in charge of the asylum to discharge them, and report to the governor in writing after each visit the condition and treatment of said insane.

11. The territorial auditor is hereby authorized to draw his § 1203. . warrant for the sum of forty dollars each year in

favor of such person as the governor may appoint paid visitor. to visit said asylum, and the territorial treasurer is hereby authorized and directed to pay the same out of any money not otherwise appropriated.

Governor shall appoint

sane sent

Ibid $ 2.

Amount to be




cost; repayment of unexpended 1. Establishment of asylum ; board of

moneys. trustees, corporate powers, gen

29. Classification of insane; idiots not eral powers.

admitted. 2. Term of office of trustees.

30. Selection of patients for discharge. 3. Trustees to control ; superintendent,

31. Counties notified of discharge.

32. Duties of county judge. appointment, qualifications.

33. County officers to provide clothing. 4. Treasurer, steward, bonds of; assistants; salaries.

34. Expenses of commitment and re5. Records of asylum.

moval, chargeable to counties. 6. Inspection by trustees.

35. Penalty for improper commitment. 7. Meetings of trustees.

36. Counties apportioned by U. S. cen8. Special meetings, how called. 9. Reports filed with governor.

37. Guardians of insane, duties of.

38. Examination and commitment of 10. Vacancy in board of trustees.

insane going at large; patient and 11. Quorum ; proviso. 12. Additional duties of treasurer.

relations liable for expenses. 13. Treasurer shall be secretary.

39. Indigent insane admitted free of

charge. 14. Annual appropriation. 15. Superintendent, to appoint assistants, record of patients, general

41. Commitment to custody. duties.

42. County to recover expenses. 16. Duties of treasurer.

43. Liability of relations for expenses. 17. Duties of steward.

CRIMINAL INSANE. 18. Officers exempt from jury service.

44. Insanity of criminal to be found. ADMISSION AND DISCHARGE.

45. Insane convict treated in peniten19. Who may be admitted.

tiary. 20. Statement and oath filed.

46. Non-liability to law. 21. Examination, physician's certific | 47. Trial for crime postponed until recate, interrogatories.

covery. 22. Testimony filed with superinten 48. Definition of sanity.

49. Trial of insane defendant. 23. Answer of superintendent.

50. Fact of insanity to be found in ver24. Warrant of commitment.

dict. 25. Execution of warrant.

51. Trial of insane criminal ; postpone26. Superintendent's receipt.

ment of judgment. 27. Indigent patients supported by state. 52. Trial of insane criminal after judg28. Private patients chargeable with ment; postponement of execution.


1. There shall be established at the city of Little Rock an institution for the care and management of lunatics R. S. of 1874, in this state, to be organized and governed as fol- $ 302, lows, to wit: The governor shall, on the second by act of '83, Wednesday after the organization of the next general assembly of the state, and the same day every two years

Gantt's Digest.

as amended

ch. 99, $1.

tle Rock esta

& 304. Superinten. dent.

thereafter, appoint by and with the advice and consent of the senate, five (5) persons to be trustees of the lunatic asylum, who Asylum at Lit- shall be a body politic and corporate, by the name blished and style of the “Trustees of the Arkansas State Lunatic Asylum," and shall manage and direct the concerns Trustees of the institution, and make all necessary by-laws and regulations, not inconsistent with the constitution and laws of the state; and shall have power to receive, hold, disPowers. pose of, and convey all real and personal property conveyed to them by gift, devise, or otherwise, for the use of said institution; and they may sue and be sued; and they shall have power and authority to hold and purchase property for the benefit of such institution, and to purchase or erect suitable buildings for the same.

2. The trustees shall each hold their office for the term of $ 303, as amended two years or until their successors are qualisi. Term of office. fied.. 3. The trustees shall have charge of the general interests ..of the institution. They shall appoint a superin

tendent, who shall be a skilful physician, and who shall hold his office for the term of four years; but they shall have the power to remove said superintending physician at any time for infidelity to the trust reposed in him, or for incompetency or wilful neglect of duty. Said physician shall, Qualifications. at the time of his appointment, be a married man, and reside with his family in said asylum.

4. They shall appoint a treasurer, who shall give bond for $ 305. .. the faithful performance of his duties, in such sum bond. and with such securities as the board of trustees may prescribe, which bond shall be made payable to the state and filed in the office of the auditor of state; and the board of trustees may require, from time to time, when they may deem the same necessary, the renewal of said bond; they shall also have the power to determine his compensation for Compensation, services; also, the salary of the other officers and assistants, who may be necessary for the just and economical administration of the affairs of said institution. They shall

appoint a steward, who shall give a bond for the 1. faithful discharge of his duty, upon the same terms as are herein before required of the treasurer.

Treasurer. His

His bond.

Records to be


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Special meetings.

Annual re

5. The board of trustees shall keep in a bound book, to be provided for that purpose, a fair and full record of $306. all their doings, which shall be open at all times kept. for the inspection of the governor of the state and all persons whom he or either house of the legislature may appoint to examine the same.

6. The trustees shall maintain an effectual inspection of the asylum, for which purpose one or more of them shall $ 307. visit it at least once in every week.

weekly. . 7. They shall hold a meeting of said board, at the asylum, once in every three months, or oftener if it shall be $308

Meetings required.

quarterly. 8. Special meetings shall be called in the manner prescribed in the by-laws.

9. The board of trustees shall, on or before the first day of every January, make a true report of the actual con- $310. dition of said asylum to the governor, accompanied port. by the annual report of the superintendent and the treasurer. Upon the meetings of the legislature, the governor shall transmit said reports to it.

10. Upon the removal of any trustee beyond the limits of this state, or upon his failure to visit said institution,.. as required by the by-laws of said board, the office ed by act of of such trustee shall become vacant, and the gov- Discharge of ernor shall appoint a trustee in his stead, upon the fact being duly certified to him by the board of trustees.

11. A majority of said board of trustees shall constitute a quorum to do any business connected with said asy- $ 312. lum, except the repeal of any of the by-laws, or the Quorun removal of the superintendent, for which purpose it shall require at least four of the said board to act.

12. Such board shall have the power to prescribe any additional duty of the treasurer which may be deemed $313. necessary.

trustees. 13. The treasurer shall be the secretary of the board of trustees.

Secretary. 14. To meet the current quarterly expenses of the asylum, the board of trustees shall make a written applica- $ 315. tion to the governor, stating the amount required propriation.

'81, ch. 41, $ 4.


Powers of

$ 314.

Annual ap


$ 316.


for that purpose, and the governor shall issue his requisition on the auditor, who shall thereupon issue his warrant upon the treasurer in favor of the trustees of the lunatic asylum, or such person or persons as the trustees may appoint; and the sum of $10,000, ten thousand dollars per annum is hereby appropri

ated for the above purpose; provided, said amounts, together with the salaries, including all expenses, shall not exceed the sum of ten thousand dollars per annum. 15. The superintending physician shall have the power to

appoint and remove all subordinate officers and ties of super. persons allowed by the board of trustees. He shall,

at the time of the reception of each patient, enter in Record à book kept for that purpose, the name, age, sex, residence, office and occupation of the person, by whom and by whose authority each insane person is brought to the asylum, and have all the orders, warrants, requests, certificates, and other papers accompanying such insane person, carefully filed and forthwith copied in said book; he shall also have general superintendence of the buildings, grounds and farm, with their furniture, fixtures and stock, and the direction and control of all persons therein, subject to the by-laws and regulations of the trustees; he shall daily ascertain the condition of the patients, and prescribe their treatment, in the manner prescribed in the said by-laws; and he shall also be required Discipline. to see that all the rules and regulations for the discipline and good government of the institution are properly obeyed and enforced; he shall cause full and fair accounts, and records of all his doings, and of the entire business and operDaily record. ations of the institution, to be kept regularly, from day to day, in books provided for that purpose, in the manner and to the extent prescribed in the by-laws, and shall see that all such accounts and records are fully made up to the last day of December in each year, and that the principal facts and results, with his report thereon, be represented to the trustees immediately thereafter.

16. The treasurer shall receive, collect, sue for, and pay out $ 317.. .all moneys belonging to the institution, settle his treasurer. accounts with the board at least once in every three months, or oftener if they shall require it, and in the month of December of every year with the auditor; and he shall

Duties of

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