with issue his warrant to the sheriff of said county, which warrant shall be substantially as follows: The state of Missouri, to Whereas, the proper authority has directed that a patient in the state lunatic asylum, from this county, be removed from said asylum. You are, therefore, hereby commanded, with an assistant, if deemed necessary by you, forthwith to remove said patient and return him to this county, where he had a legal settlement when he was taken to said asylum. Witness my hand and seal of office, , A.D. 18 this day of Immediately upon receiving such warrant, it shall be the duty of the sheriff, by himself or deputy, with such assistance as he may deem proper and is authorized to take, forthwith to execute the same, and to return it to the clerk by whom it was issued, showing, by proper indorsement, the manner of its execution. And if any clerk, upon receiving such notice, shall refuse or neglect, for the space of five days, to issue and place such warrant in the hands of the sheriff, or if such sheriff shall refuse to receive the same, or shall neglect, for the space of twenty days after receiving the warrant, to demand such patient of the superintendent, the patient shall be charged, from the date of the notice, to the clerk or sheriff so offending, until his removal, at the same rates as pay patients; and the amount of such charge may be recovered against the officer so offending, with costs of the suit, in the name of the treasurer of the asylum, as provided by this chapter in other cases. 50. If any clerk shall neglect to perform any duties enjoined upon him by this chapter, he shall be removed from office in the same manner as for neglect of any removed, duty. § 4150. when. Compensation 51. To the sheriff or other person, for taking a patient to the asylum, or removing one therefrom, upon the war- § 4151. rant of the clerk, mileage, going and returning, at allowed. the rate of ten cents per mile, and seventy-five cents per day for the support of each patient on his way to or from the asylum, shall be allowed; to each assistant allowed by the clerk and accompanying the sheriff, or other person acting under the warrant of the clerk, mileage at the rate of eight cents per mile for going and returning shall be allowed; the computation, in both instances, to be made from the place of arrest to the asylum, by the nearest route usually traveled. The costs specified in this section shall be paid out of the county treasury of the proper county. § 4152. Terms construed. 52. The terms "insane" and "lunatic," as used in this chapter include every species of insanity or mental derangement. The words "insane poor," or "indigent insane," when applied to a person without a family, shall mean one whose estate, after payment of his debts, and excluding from the estimates such part of his estate as is exempt from execution, is worth less, in cash, than three hundred dollars; and the same words, when applied to a person having a family, shall mean one whose estate, estimated as aforesaid, is worth less, in cash, after payment of his debts and the support of his family for one year, than one thousand dollars; provided, that when the said words are applied to a married woman, her estate and that of her husband shall be estimated as aforesaid, and the amount shall determine the question aforesaid, whether she be a "poor" person or not, within the meaning of this chapter. A person with a family is one who has a wife and child, or either; county patients are those supported in the asylum at the expense of the counties sending them; pay or private patients are those supported in the asylum by their friends, or from the proceeds of their own property. Every word in this chapter importing the masculine gender shall extend and be applied to females as well as males; and any word, importing the singular number only, or the plural number only, may be applied to one person or thing as well as to several persons or things. § 4153. 53. No person shall be entitled to the benefits of the provisions of this chapter as a county patient, except to benefits of persons whose insanity has occurred during the this chapter. time such person may have resided in the state, and except the insane poor, under sentence as criminals, as provided in sections 4143 to 4147 inclusive, of this chapter. Every patient in the asylum shall be deemed to be the county patient of the county first sending him, till one year after his regular discharge from the asylum. Of escaped 54. Should any insane person escape from the asylum and return to the county from which he was committed, 148. it shall be the duty of the sheriff of said county, lunatics. upon being notified by the superintendent, forthwith to apprehend him and take him back to the asylum; and the sheriff shall be paid by the steward of the asylum, by order of the superintendent, the same fees as are provided in other cases for the commitment of insane persons to the asylum. No patient who has committed homicide shall be discharged without the consent of the superintendent, and the written admission of a majority of the board of managers. $ 5787. Probate court to inquire as to sanity, etc. 55. If information in writing be given to the probate court that any person in its county is an idiot, lunatic or person of unsound mind, and incapable of managing his affairs, and praying that an inquiry thereinto be had, the court, if satisfied that there is good cause for the exercise of its jurisdiction, shall cause the facts to be inquired into by a jury. Special term 56. Such information may also be given, in the vacation of such court, to the judge thereof; in which event § 578. he shall call a special term of the court, for the pur- may be held. pose of holding an inquiry whether the person mentioned in such information be of unsound mind or not. $ 5789. Party under investigation to be notified. 57. In proceedings under this chapter, the alleged insane person must be notified of the proceeding, unless the probate court order such person to be brought before the court, or spread upon its records of the proceedings the reason why such notice or attendance was not required. Duty of cer 58. Whenever any judge of the county court, justice of the peace, sheriff, coroner or constable shall discover $5790. any person, resident of his county, to be of unsound tain officers. mind, as in section 5787 mentioned, it shall be his duty to make application to the probate court for the exercise of its jurisdiction; and thereupon the like proceedings shall be had as in the case of information by unofficial persons. Guardian ap 59. If it be found by the jury that the subject of the inquiry is of unsound mind and incapable of manag- $5791, ing his or her affairs, the court shall appoint a pointed when guardian of the person, and estate of such insane person. 60. When any person shall be found to be insane according to the preceding provisions, the costs of the proceedings shall be paid out of his estate, or, if that be insufficient, by the county. § 5792. $ 5793. When by 61. If the person alleged to be insane shall be discharged, the cost shall be paid by the person at whose instance the proceeding is had, unless said person be an officer, acting officially according to the provisions of this chapter, in which case the costs shall be paid by the county. party causing the inquiry. § 5794. Court may set 62. The court may, if just cause appear, at any time during the term in which an inquisition is had, set the aside inquisi. same aside, and cause a new jury to be impaneled to inquire into the facts; but when two juries concur in any case the verdict shall not be set aside. tion. 63. Every such guardian shall take charge of the person committed to his charge, and provide for his support and maintenance as hereinafter directed. § 5799. Guardian to take charge of person. § 5805. Court may order re straint of ward. 64. Every probate court, by whom any insane person is committed to guardianship, may take an order for the restraint, support, and safe keeping of such person, for the management of his estate, and for the support and maintenance of his family, and education of his children, out of the proceeds of such estate; to set apart and reserve for the payment of debts, and to let, sell or mortgage any part of such estate, real or personal, when necessary for any of the purposes above specified. 5828. sane may be confined, when. 65. If any person, by lunacy or otherwise, shall be furiously mad, or so far disordered in his mind as to endanger his own person or the person or property of others, it shall be the duty of his or her guardian, or other person under whose care he or she may be, and who is bound to provide for his or her support, to confine him or her in some suitable place until the next sitting of the probate court for the county, who shall make such order for the restraint, support, and safe keeping of such person as the circumstances of the case shall require. § 5829. Certain 66. If any such person of unsound mind, as in the last preceding section is specified, shall not be confined by the person having charge of him, or there be no person having such charge, any judge of a court of officers may order confinement. record, or any two justices of the peace, may cause such insane person to be apprehended, and may employ any person to confine him or her in some suitable place, until the probate court shall make further orders therein, as in the preceding section specified. Costs, how 67. The expenses attending such confinement shall be paid by the guardian out of his estate, or by the person $5830. bound to provide for and support such insane per- paid. son, or the same shall be paid out of the county treasury, upon the order of the county court, after the same shall be duly certified to them by the probate court. Appropria tons by 68. In all cases of appropriations out of the county treasury for the support and maintenance or confinement of $51. any insane person, the amount thereof may be recovered by the county from any person who, by be recovered. law, is bound to provide for the support and maintenance of such person, if there be any of sufficient ability to pay the same. county may § 5832. when ordered to asylum. 69. If any insane person be admitted into the state lunatic asylum as a patient, the guardian shall pay for his support and expenses at such asylum, out of the Expenses, estate of such ward; and if such insane person shall, at any time, come under the class of "insane poor person," as specified in the law for the government of the state lunatic asylum and the care of the insane, such person shall be supported and maintained at such asylum by the county in the manner provided by such law. Certain terms 70. For the purposes of this chapter wherever the words "person of unsound mind," or "insane person § 5836. occur therein, said words shall be construed to mean construed. either an idiot, or a lunatic, or a person of unsound mind and incapable of managing his own affairs, as the case may be, upon proof as aforesaid. § 4143, 1883, p. 78 as amended Insane crimi 71. When a person, tried upon indictment for any crime or misdemeanor, shall be acquitted on the sole ground that he was insane at the time of the commission of the offense charged, the fact shall be found by the jury in their verdict, and by their verdict the jury shall further find whether such person has or has recovered. not entirely and permanently recovered from such insanity; nals acquit determine ted, jury to whether yet |