Forfeited

bonds to be patient to be

renewed, or

returned to nearest rela tive, or

55. It shall be the duty of the superintendent of the hospital for the insane to give immediate notice to the $1532 a. nearest known relative or bondsman, as he may deem best, of all pay patients whose bonds have been forfeited, to come forward and make payment, and renew their bonds, and in case they fail to do bondsman. so, within thirty days, then in such case of failure, it shall be the duty of the superintendent to convey or cause to be conveyed, such patient or patients as are named in this section to the nearest bondsman or nearest relative, as he may elect.

56. A bill of fare for such patients as may be in the hospital at the expense of the state, shall be established by the trustees.

$ 1559.
Diet.

57. The rates of fare per week for private patients shall be regulated by the trustees, and may be of any style of living desired, if approved by the physician.

$1560.

Rates for private patients.

58. The fare prescribed by the trustees for private patients shall be paid in advance, quarterly.

$ 1561.
To be paid in advance.

$1562.

Other care to

59. Paying patients whose friends pay their expenses and who are not chargeable upon the county, shall pay for the care received, the terms being subject to decision by the trustees.

be paid for.

Charges,

60. Persons in indigent circumstances, while resident in the hospital, shall, in their own right, or by the state $1563. bearing their expenses, be chargeable no more than rate of. the actual cost for clothing, nursing, board, and medical attendance.

61. Under the regulations of title two, chapter one, article four [six] sections 1544, 1545, 1546, 1547, 1551,* of § 1564 J. the code of Tennessee, persons alleged to be insane Free patients. and so declared after the inquest, shall be admitted to the privileges of the hospital for the insane, free of charge; and all clauses in the above described sections of the code, and all other portions of the code and statutes now in force, in conflict with this section, are hereby repealed.

Expenses of

62. All the necessary expenses attendant upon the transportation from and to the hospital of indigent insane ke patients, shall be paid by the counties from which they may be sent.

*Supplied by act of 1871, see pl. 35 41, supra.

transporta

tion to be paid by counties.

$ 1554. Person ac

cused of crime found insane.

63. When the plea of present insanity is urged in behalf of any person charged with a criminal offense, punishable by imprisonment or death, the court shall charge the jury, that if from the evidence, they believe the defendant to be insane, and that it would endanger the peace of the community to set him at liberty, they shall so find.

64. Upon such finding, the court shall direct an order to the

§ 1555.
Order for
commitment
to hospital.

superintendent of the hospital for the insane, to receive and keep the defendant as other lunatics, which order, together with the defendant, the sheriff of the county shall deliver to said superintendent. 65. When, in the opinion of the trustees and physician, such patient has recovered from his insanity, they shall cause him to be delivered to the jailer of Davidson county for safe keeping, and immediately transmit to the clerk of the county in which the patient was arraigned, notice of the fact.

§ 1556.

On recovery delivered to

jailer.

$ 1557.

Jailer to send

66. If, at the next term of the court, the district attorney wish further to prosecute such person, the jailer of him, where. Davidson county, on notice thereof, shall deliver the prisoner to the jailer of the county in which he was arraigned; but if the district attorney shall not wish further to prosecute the prisoner, then he shall be discharged.

§ 1558.

Compensation

67. The compensation of the sheriff for such services shall be the same as is allowed for the transportation of of sheriff. a convict to the penitentiary, to be paid out of the estate of the lunatic, if it is sufficient; otherwise, out of the treasuring of the state.

68. The expenses of a person in indigent circumstances, committed by a court, as prescribed in sections. criminal. 1554, 1555, shall be paid by the state.

$ 1564. Expenses of

§ 5488.

69. Whenever the physician reports to the keeper that any convict is insane, and ought, on that account to be removed to the hospital, the keeper shall cause such insane convict to be removed accordingly, there to remain until removed by the physician.

Removal of insane convicts.

70. Whenever the physician reports to the keeper of the § 5488 a. penitentiary that any convict is insane and ought on that account to be removed to the lunatic asylum, the

keeper shall cause such insane convict to be removed accordingly, there to remain until discharged by the physician of said lunatic asylum.*

Act of 1871, ch. 138. § 7.

sanity, Court to

charge jury.

71 When the plea of insanity is urged on behalf of any person charged with a criminal offense, punishable by imprisonment or death, the court shall charge the jury that if, from the evidence, they believe the defendant to be insane, and that it would endanger the peace of the community to set him at liberty, they shall so find. Upon such finding, the court shall direct an order to the superintendent of the hospital for the insane, to receive and keep the defendant as others. Which order, together with the defendant, the sheriff of the county shall deliver to said. superintendent. When in the opinion of the trustees and physician such patient has recovered from his insanity, they shall cause him to be delivered to the jailer of David- Sheriff to son county for safe keeping, and, immediately trans- tient to sup❜t. mit to the clerk of the county in which the patient was arraigned notice of the fact.

deliver pa

$5429.

Insanity of

person iu

dicted for

72. If the court in which a person is indicted for a criminal offense is satisfied that he is non compos mentis, and he has been so for four successive terms, it may discharge him from custody upon the recognizance of crime. good and sufficient sureties, acknowledged before the court, for his personal appearance at the next succeeding term, in such sum as the court may direct. And the court may renew the recognizance from term to term in its discretion, so long as the defendant continues under the disability.

"This amendatory section, which, if in force, would supersede the preceding section, is doubtless repealed by the terms of 5559 a, sub-sec. 1; * * *—Thompson & Steger."

TEXAS.

69. Empaneling of jury.

69. Defendant's counsel, right to open and close.

70. Appointment of counsel.

71. Proceedings to be informal. 72. Suspension of proceedings.

73. Commitment to asylum.

74. Confined in asylum until recovery. 75. On recovery, resumption of proceedings.

76. Certificate of sanity by superintend

ent.

77. Proceedings upon certificate.
78. Re-commitment on relapse.

79. On recovery, fact of insanity not to
affect proceedings.

80. Non-accountability to law.

81. Common law rules of evidence apply to proof of insanity.

Revised Stat

1. The asylum heretofore established by law at the seat of government and any other that may hereafter be established elsewhere for the care and treatment of insane persons shall be managed and controlled in accordance with the provisions of this title.

utes 1879, § 66, as amended '83, ch. 102, § 1. Lunatic asy

lums established.

67,

as amended

Board of

2. The general control, management and direction of the affairs of the Texas asylums for the insane shall be vested in a board of managers, to be styled, the 1853, ch. 102. board of managers of the lunatic asylums, subject managers. only to such rules and regulations as may be prescribed by the legislature. Three of the members of each board shall reside within five miles of their respective asylums.

as amended

1853, ch. 102.

Board, how

3. The governor shall appoint for the lunatic asylum and each branch thereof a board of managers consisting of five members, who shall hold their terms of office as follows: two shall hold their office for two years: constituted. two for four years and one for six years or until their successors are appointed and qualified: and, whenever a vacancy occurs in said boards, it shall be filled by the governor and the term of office of the person so appointed shall be for the unexpired term of the person whose place is made vacant. The board of managers shall be appointed by the governor, by and with the advice and consent of the senate.

§ 68 a,
1883, ch. 102.
tion.

as amended

Compensa

4. Each of the members of the board of managers shall be paid five dollars per day and five cents a mile for going to and returning from the asylums for the purpose of holding their monthly meetings, provided for by this act and no member shall be paid, except in case of his actual attendance on said meetings, and the certificate of the president of the board of managers, approved by the superintendent shall be a sufficient voucher for the comptroller to draw his warrant upon the treasurer for the amount due each member of said board, for his attendance on said