porary committee for that purpose, and take from him bond and surety payable to the commonwealth for a faithful discharge of the duties of his station. Upon which bond, for a violation of its stipulations, any person aggrieved, or the committee thereafter appointed by the court, may sue in the name of the commonwealth at their own costs. Ibid § 15. papers of in 50. The papers pertaining to the inquest shall be delivered, by the officer holding the same, to the clerk of the court having jurisdiction, who shall file the same; and, at the next term of the court, a committee shall quest. be appointed by the court, as though the inquest had been holden in term time, and such other orders made and taken as may be necessary to execute the provisions of this chapter. Whenever it shall be suggested to the court, by affidavit, that a person found of unsound mind has been restored to his proper senses, or that the inquest was false or fraudulent, the court shall forthwith direct the facts to be inquired into by a jury, in open court, and make all necessary orders or decrees in the premises. Ibid § 16. Judge to prepare history 51. When a person shall be found a lunatic under the provisions of this chapter, the officer who presides at the inquest shall endeavor to ascertain and draw up a brief history of the patient's case, embracing the fol- of case. lowing points: (1) Age; occupation; married or single; habits; educated or not. (2) If any, what relations have been insane. (3) Date of first attack; how exhibited; has it changed in character ever any at a former period. (4) Supposed cause; any peculiar illusion; and what; subject to fits, how long, and from what cause; natural temper and kind of affection towards relations. (5) Any attempt at suicide; if any, in what violence or propensity to mischief exhibited. (6) Periodic frenzy and lucid intervals, and duration of each. (7) What restraint has been imposed; what treatment used; and if bleeding, to what extent. (8) Any injury about the head ever received; any bodily disease from suppression of evacuations, eruptions, sores, or injuries. (9) Together with whatever else may be deemed material towards enabling the superintendent of the asylum to understand the case. Which statement or a copy, shall be sent with the record to the asylum, if the lunatic is sent. Ibid § 17. Costs when lunatic is sent 52. Neither the county nor any relative of a lunatic shall be chargeable with the cost of his detention for one year in the asylum, if he be delivered there within six months after the first attack of his lunacy; nor shall a relative, in such case, be chargeable with the cost of his transportation.* to asylum within first six months. Ibid § 18. attack to be certified. Ibid § 19. judge's certi ficate cannot be obtained. 53. The court shall ascertain and certify as part of the order for the confinement of a lunatic in the asylum, the Date of first date of his first attack of lunacy, when it is intended to obtain the benefit of the above provision; but before it is allowed, the fact shall also be ascertained, upon proper proof, and certified by the circuit judge of the district. 54. If the certificate of the circuit judge cannot be obtained until after the commitment, the treasurer of the asylum shall, upon its production, refund the cost of transportation to any relative paying the same. 55. The officer carrying a pauper lunatic or idiot, to either asylum or the feeble-minded institute, shall be paid Allowance for by the treasurer thereof [six cents] per mile for himself and each guard, going and returning, besides tolls and ferriages, and the same for the lunatic in going and in returning, if the person has been denied admittance or not received for want of room. But there shall be no charge for more than two guards, and only for one unless the officer ordering such person to the asylum authorizes two. If transportation, in whole, or in part could have been had by stage, steamboat or railway for less cost, no more than what ought to have been the actual cost shall be allowed.t Ibid § 20. transporta tion. Ibid § 21. 56. No officer shall be allowed for carrying an insane person who is a pauper to a lunatic asylum, unless he first apply by letter to the superintendent thereof, and ascertain that the patient can be received, and that to be made un less applica tion first made tendent. he cannot be sent for by the officers of the asylum. to superinBut where the safety of the lunatic or others seem to require it, the court may order the patient to be carried to the asylum immediately, without his being sent for.* asy Ibid § 22. 57. The superintendent, immediately upon notice that a person has been ordered into confinement at the lum, shall cause him to be brought, and pay the ent to cause expenses of transportation. patients to be brought to the asylum. into any Ibid § 23. Peaty of in troducing pauper idiots or lunatics fraud 58. Whoever shall bring or cause to be brought county or city of this commonwealth, from another state or county, any pauper idiot or lunatic, with the intent to make him a charge upon such county or city, or this commonwealth, shall be fined one hun- ulently. dred dollars, besides being liable at the suit of the county or city for all damages incurred thereby, besides the cost of transportation, and imprisoned not more than three months. 59. No person not otherwise insane shall be sent to an asylum merely because he is subject to epileptic fits, or Ibid § 24. thereby rendered helpless. Epileptic fits. be incaIbid $ 25. der sale of es Court may or tate of a luna 60. If the estate of a lunatic, or person adjudged to pable of managing his estate, be not sufficient to pay his debts, the same may, by a circuit or chancery court, be ordered to be sold, and proceeds distributed tic or imbecile. and estate settled as prescribed by law for the settlement of the estate of insolvent decedents. Criminal § 156. Code, 1876, How question sanity tried. of defendant's 61. If the court shall be of opinion that there are reasonable grounds to believe that the defendant is insane, all Bullitt's proceedings in the trial shall be postponed until a jury be empaneled to inquire whether defendant is of unsound mind, and if the jury find that he is of unsound mind, the court shall direct that he be kept in prison or conveyed by the sheriff to the nearest lunatic asylum, and there kept in custody by the officers thereof until he be restored, when he shall be returned to the sheriff on demand, to be reconveyed by him to the jail of the county. 62. If the defense be the insanity of the defendant, the jury must be instructed, if they acquit him on that $268. ground, to state the fact in their verdict, and there * Amended by act of 1876; see pl. 25 and 33 supra. Proceedings if defendant acquitted on the ground of upon if the court, after hearing any testimony insanity. offered by the commonwealth or the defendant, be satisfied that he is insane at the time the verdict is rendered, it may order him to be taken to a lunatic asylum. § 287. should not be 63. He may show for cause against the judgment any sufficient ground for a new trial, or for arrest of judg ment; he may also show that he is insane. If the why judgm'nt court be of opinion that there is reasonable ground pronounced. for believing he is insane, the question of his insanity shall be determined by a jury of twelve qualified jurors, to be summoned and empaneled as directed by the court. If the jury do not find him insane, judgment shall be pronounced. If they find him insane, he must be kept in confinement, either in the county jail or lunatic asylum, until, in the opinion of the court, he become sane, when judgment shall be pronounced. § 296. grounds to be fendant is insane. he 64. If the sheriff be satisfied that there are reasonable grounds for believing that the defendant is insane may summon a jury of twelve persons on the jury list, drawn by the clerk, who shall be sworn by lieve that de- the sheriff well and truly to inquire into the insanity of the defendant, and a true inquisition return; they shall examine the defendant and hear any evidence that may be presented; and by a written inquisition, signed by each of them, find as to the insanity. Unless the inquisition find the defendant insane, the sheriff shall not suspend the execution; but if the inquisition find the defendant insane he shall suspend the execution, and immediately transmit the inquisition to the governor. LOUISIANA. GOVERNMENT OF ASYLUMS. 1. Establishment of asylum, title. 5. Superintendent and subordinate 6. Inspection of asylums, weekly; accounts of receipts and expenditures, statistics, and reports. 7. Treasurer to act as secretary, powers and duties, salary. 8. Vacancies, when occurring, how filled; special meetings. 9. Unlawful entry on premises, or annoyance; penalties for. 10. Abduction from asylum, penalty. 1. There shall be established in the town of Jackson, parish of East Feliciana, an asylum for the insane, to R. S. of 1876, be called the "Insane Asylum of the State of Asylum created. Louisiana." § 1760. §1761. ministrators appointed by Board of ad the governor four years. for the term of 2. The governor of the state shall, by and with the advice and consent of the senate, appoint six persons, who shall constitute a board of administrators of the state hospital for the insane, one of whom shall be elected president by the members of the board. The board shall remain in office four years, and they shall continue to exercise the duties of their office until their successors are qualified, and shall be removed and vacancies filled Vacancies by the same power and in the same manner as provided for in their appointment. Members to compose the board shall be selected as follows: One from the parish of East Feliciana, one from the parish of West Feliciana, and four 18 how filled. |