the financial condition of such person, his or her family, parent and guardian, does not warrant the same.

Ibid § 3.

Sheriff to take

lent patients,

fees.

Ibid § 4.

Superintend

names of

inmates to

county com

25. The sheriffs of the respective counties shall, on the order of the court, take temporary control of all such viocontrol of violent or dangerous lunatics as may be consigned to their care during the period necessary for the foregoing investigation and reports, and they shall be entitled to such fees therefor as are fixed by law for dieting prisoners. 26. The superintendent of the asylum shall, within sixty days from the adjournment of this session of the ent shall send legislature, send to the board of county commissioners of each county the names of the inmates missioners. from the respective counties, and thereupon the boards of county commissioners, auditors and treasurers of the respective counties shall, within sixty days, make the investigation, reports and certificates as to each of said inmates as is directed in sections 1 and 2 of this act. And upon the filing of said report and certificate in the office of the superintendent, the superintendent and regents shall have the right, and they are hereby required, to deal with such inmates in the same way as is prescribed in section 2 as to applicants for beneficiary care.

Powers and duties.

§ 1589.
In criminal
cases judge

may send per

sons non compos mentis to asylum.

27. Any judge of the circuit court is authorized to send to the lunatic asylum every person charged with the commission of any criminal offense, who shall, upon the trial before him, prove to be non compos mentis; and the said judge is authorized to make all necessary orders to carry into effect this power. Where How supported. the person so sent is not a pauper, he shall be supported out of his own estate, according to regulations to be prescribed by the court, as on a return to a writ de lunatico inquirendo.

TENNESSEE.

1. There shall continue to be in this state an asylum for the Compiled Stat- insane, which shall be a body politic and corporate utes of 1871, § 1517. by the name of the "Tennessee Hospital for the Insane asylum incorporated. Insane."

§ 1518.

2. Said corporation shall have a common seal; and, in its corporate name and capacity, it may acquire propPowers. erty, real and personal, by gift or otherwise, and hold, sell, and convey the same for the uses and purposes of its creation, and sue and be sued, in the same manner as a natural person.

$1519.

3. The officers of said corporation shall be a board of trustees, a board of visitors, a superintendent, a treasOfficers. urer, and such other assistants as may be found necessary to transact the business of the institution.

§ 1522,

as amended

of hospital for

4. The governor of the state shall nominate and appoint, by and with the advice and consent of the senate, as 1877, ch. 5.$1. now provided by law, nine trustees of the hospital Establishment for the insane, whose term of office shall begin imthe insane. mediately from and after the date of their appointment. Three of said trustees shall be nominated to serve until the first Monday in February, 1879; three until the first Monday in February, 1881, and three until the first Monday in February, 1883. On the first Monday in February, 1879, and every two years thereafter, three trustees shall be appointed to serve for six years from the date of their appointment. The duties of said trustees shall be the same as now prescribed by law, and they shall, at the expiration of the present term of office of the superintendent of the asylum, elect his successor.

5. The governor, judges of the courts, and members of the general assembly, shall be, ex-officio, visitors of the hospital.

§ 1523. Visitors.

§ 1524. Superintend

ment and

6. The superintendent of the hospital shall be appointed by the board of trustees, and shall be a skilful ent, appoint physician, of unblemished moral character, of enqualifications. lightened and thorough professional education, of prompt business habits, and of humane and kind disposition. 7. He shall be a married man, and, with his family, shall § 1525. Residence, etc. reside constantly in the institution.

8. He shall hold his office for eight years, but may be re

moved by the trustees for infidelity to his trust, or § 1526. incompetency, fully shown and declared.

Term of office.

Power over

9. He shall exercise entire control over all subordinate officers and assistants in the hospital, and shall have §1527. entire direction of the duties of the same, he himself officers. being accountable to the board of trustees for their good character and fidelity in the discharge of their duties.

§ 1529.
Oath.

10. The physician and superintendent of the hospital, before entering upon the discharge of the duties of his office, shall take an oath faithfully to discharge said duties, and that he will not enter into any combination to oppress or deprive any person of his or her liberty or civil rights.

Bond.

11. He shall also give bond with good surety, approved by the governor, in the penalty of ten thousand dollars, § 1530. payable to the state, conditioned faithfully to account for and pay into the treasury all moneys which may come to his hands, and faithfully to discharge his duties as superintendent; which bond shall be deposited by the governor, in the office of the secretary of state, for safe custody.

12. It shall be the duty of the superintendent, under the orders of the board of trustees

§ 1531.
Duties.

(1) To exercise a general superintendence over all matters relating to the hospital.

(2) To visit the patients therein, at least twice a week, or oftener if necessary.

(3) To call extraordinary meetings of the board whenever he may deem it necessary.

(4) To report to the trustees, immediately before each session of the general assembly

1st. The number of the patients admitted into the hospital. 2d. The date of the admission of each patient.

3d. The degree and kind of insanity with which each patient is afflicted.

4th. The length of time each patient was supposed to have been afflicted before admission.

5th. The previous occupation, age, and habits of each patient, and whether married or single.

6th. The names and number of those discharged, and the situation of each when discharged.

7th. And such other particulars as he may deem necessary to the further action of the legislature thereon.

13. The board of trustees shall have power, and it shall be their duty

$ 1532.

Trustees.

(1) To appoint a superintendent of the hospital.

(2) To remove him for infidelity to his trust, or incompetency, fully shown and declared.

(3) To make such orders and regulations as may be necessary for the government of the patients in the hospital, its internal police, the supply of provisions, fuel, water, clothing, books, and whatever else may be deemed necessary for the health, comfort, cleanliness, and security of the inmates.

(4) To know that the supplies aforesaid are furnished. (5) To regulate the rates of fare per week of such insane persons as may be placed in the hospital by individuals.

(6) To establish a bill of fare for such patients as may be in the hospital at the expense of the state.

(7) To discharge, at any time, any of the patients in the hospital, unless committed to custody in the same by some court.

14. The trustees, associated with the physician shall have the following powers:

§ 1533. Trustees and physician; powers of.

(1) To determine the salaries and compensation of the officers and assistants whose services may be necessary for the comfortable, just, and economical management of the hospital.

(2) To make such by-laws and regulations for the government of the hospital as shall be necessary.

(3) To cause the same to be published with the biennial report of the physician and that of the trustees and the treasurer. (4) To distribute the same throughout the state for the information of the people.

(5) To send said reports of the physician and trustees to such similar institutions in the United States, and elsewhere, as they may think proper.

(6) To hold a regular meeting at the hospital once in every month.

(7) To keep a regular record of all their proceedings.

(8) To report through their chairman to each general assem