legislature, and till their successors shall qualify, and thereafter such trustees shall be appointed and continue in office in the same manner and for the same time now provided by law for the state lunatic asylum at Jackson.* $10,000 appro 24. For the purposes specified in section six [6] of this act, the sum of ten thousand dollars is hereby appro- hid $7. priated, out of any moneys in the treasury, not other- priated. wise appropriated, to be drawn as is provided in section two hundred and fifty (250) Revised Code 1880. Medical supt. 25. When said board of trustees have been appointed and the services of a medical superintendent are bid § 8. necessary to take charge of said asylum, the governor of state shall appoint a medical superintendent to take charge of said asylum, and said asylum shall be brought under the operation of chapter 13, Revised Code of 1880. $30,000 appro 26. The sum of thirty thousand dollars is hereby appropriated, out of any money in the state treasury not bid $9. otherwise appropriated, for the support and main- priated. tenance of said asylum during the fiscal years 1882 and 1883, or so much of said sum as may be needed. as amended How patients to asylum; ex 27. Any person being a lunatic and a resident of the state of Mississippi shall be admitted into the asylum $659, free of charge. The necessary expenses of remov- 1852, ch. 30. ing such lunatic to and from said asylum shall be are admitted paid by the county from which such lunatic may penses. be sent, and the board of supervisors shall order a warrant to be issued therefor; provided, a certificate of some judge, chancellor or justice of the peace be produced that sufficient proof by affidavit has been made before him that such lunatic has no visible means to defray the necessary expenses of removing such lunatic to and from said asylum. But if the legal settlement of such lunatic be in another county from that from which he shall be sent to the asylum, the county in which such lunatic has such settlement shall pay to the county incurring the expense of making inquisition and sending such lunatic to the asylum all its legal disbursements on such account. 28. It shall be the duty of the superintendent to admit into * 642, pl. 1, etc. § 660. Admissions. the asylum all persons ordered to be placed therein after an inquest of lunacy in the due order of registration, if there be a vacancy in such asylum; and the presentation of a duly certified copy of such order, under the seal of the chancery court, shall authorize the admission of the patient. into the asylum. § 661. Admissions. 29. On application in behalf of any person being a lunatic and a resident of this state, for his or her admission into the asylum, the superintendent and board of trustees may, if they think that he or she ought to be admitted, receive him or her as a patient therein, even though no proceedings in lunacy have been instituted as hereinafter provided for. § 662. Admissions. 30. The trustees of such asylum may adopt such rules as they see proper, as to the history of the lunacy of the patient proposed to be admitted into the asylum, which shall be presented with the application for admission or afterwards, as such rules may require, and may compel conformity to such rules, by refusing the application on behalf of a person for admission into the asylum, without compliance with them. § 663. inquest of In how taken. 31. In case the friends or relations of any lunatic shall neglect or refuse to place him or her in said asyacy, when and lum, and shall permit him or her to go at large, it shall be the duty of the clerk of the chancery court of any county in which such lunatic may reside or be found going at large, on the suggestion, in writing, of any citizen of the county, to direct the sheriff, by writ of lunacy, to summon, as soon as may be, the alleged lunatic and six discreet persons of the county in which such lunatic is going at large, to make inquisition thereto on oath and the result of such inquisition to return to said court forthwith; and if the person said to be a lunatic shall be adjudged by such inquest, or a majority of them, to be insane and one who should be confined therein, the said clerk shall order said sheriff to arrest. said lunatic and place him or her in said asylum if there be a vacancy, or if there be no vacancy, to confine such lunatic in the county jail until room can be had in the lunatic asylum. The expense of such inquest shall be borne by the county and paid out of the county treasury on the allowance. thereof by the board of supervisors. 664. Removal of certain pa tients from 32. When any patient in the asylum shall be found to be incurable, but harmless, and such as can be properly cared for out of the asylum, the superintendent shall inform the sheriff of the county from which such asylum. patient was taken to the asylum to remove such patient therefrom, and it shall be the duty of the sheriff, on receiving such information, at once to notify some near relation of such patient shall thereof, if any such is in his county, and unless such relation immediately proceed to remove such patient from the asylum, said sheriff shall remove such patient to the county of such sheriff; and any sheriff, who being notified, as aforesaid, shall fail to remove such patient, shall be guilty of a misdemeanor, and be punishable accordingly. For such service the sheriff shall be paid out of the treasury of his county three dollars each day employed in performing it, and ten cents a mile for each mile traveled in going from the court house of his county to the asylum, and returning, to be allowed on due proof by the board of supervisors. Removals. § 666. 33. If such patient has an estate it shall be chargeable with the expense of his removal, as above provided for, § 66.5. and with the support of such lunatic, who shall be committed to his or her guardian, if any has been appointed. 34. If such lunatic has no estate for his or her support, but has relatives bound by law for his or her maintenance, they shall bear said expenses, and may be sued therefor by the board of supervisors, and shall maintain said lunatic, as required by law; but if such lunatic has no estate, and has no such relatives as are bound for his or her support, he or she shall be maintained as a poor person by the county. Removals. 35. If at the time of the removal of such patient from the county to the asylum, he or she had a legal settle § 667. ment in another county, such person may be re- Removals. moved to such county, as in other cases of poor persons being found in another county than that in which they may have a settlement. 36. The last preceding three sections shall apply to and embrace the case of any patient in the asylum, who fe Removals. * This word has evidently crept into the text. has been cured, and is in condition to be discharged from the asylum. § 2118. Guardians of sound mind; 37. The chancery courts of this state may, in their respective counties, appoint guardians to idiots, lunatics and persons of un- persons non compos mentis, on the application of appointment. friends or relatives of such persons, or on the application of the supervisor of the proper district; and when any such application is presented, if the court shall be satisfied that there is probable ground for the application, it shall direct a writ to the sheriff of the county, commanding him to summon the person alleged to be of unsound mind, and six good and lawful men of the county, who are in no way related to the party, to make inquisition thereof, on oath, who shall make full inquiry by evidence, and by examination of the party, if they think proper, and if the person said to be a lunatic, idiot, or non compos mentis, shall be judged by said inquest, or a majority of them, to be incapable of taking care of himself or herself, they shall certify the same under their hands to the court under which they were appointed, and the court or chancellor, or clerk in vacation, shall thereupon appoint some suitable person to be guardian of such idiot, lunatic, or person non compos mentis, directing and empowering such guardian to take care of the person, and his estate, both personal and real, and the cost of such inquisition shall be paid out of the estate of such person, if it be sufficient; and said court, or clerk, may direct the confinement in the lunatic asylum of any lunatic who should be so confined; such writs may be issued by the clerk in vacation, on the order of the chancellor or without such order. $ 3139. Insane, how dealt with as 38. When a prisoner shall be brought before any conservator of the peace, charged with the commission of an offense, and, in the course of the investigation, it criminals. shall appear to such conservator, that the prisoner was insane when the offense was committed, and still is insane, he shall not be discharged; but such conservator of the peace shall remand the prisoner to custody, and forthwith report the case to the chancellor or clerk of the chancery court of the proper county, whose duty it shall be to proceed with the case, according to the law relating to persons non compos mentis. 39. When any person is held in prison or on bail, charged Insane with an offense, and the grand jury shall not find a 3140 crimi true bill, by reason of the insanity of the accused, nals. the grand jury shall certify the fact to the circuit court, and state whether, in their opinion, such insane person is in such condition as to endanger the security of person or property, and the peace and safety of the community. And if the grand jury report such unsoundness of mind, and such danger, the court shall forthwith give notice of the case to the proper chancellor, or clerk of the chancery court, whose duty it shall be to proceed with such person and his estate, according to the law relating to persons non compos mentis. Insane 40. When any criminal shall be indicted for an offense, and acquitted on the ground of insanity, the jury render- § 3141. ing such verdict of acquittal, shall state such ground criminals. in their verdict, and shall also state in their verdict, whether the accused has since been restored to his reason, and whether he is dangerous to the community; and if the jury certify that such person is still insane and dangerous, the judge shall order him to be held in safe custody for the time being; and shall at once give notice of the case to the proper chancellor, or clerk of the chancery court, whose duty it shall be forthwith to proceed with such insane person, and his estate, according to the law relating to persons non compos mentis. |