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and such certificate shall be conclusive evidence of such residence.

$ 1591. Certain in

mates not to

be retained without ex

11. No lunatic, idiot or epileptic, who may be declared a fit subject for the institution by a trial justice and two physicians, or who shall be sent from a sister state, shall be retained in the institution more than ten days after his admission, except where there shall amination, etc. be entered in the record of the institution an order for his retention, made, after full examination of his state of mind, by the medical attendant or attendants, and not less than three of the regents; and upon such order being made, it shall be the duty of the secretary of the regency to make out a certified copy of the declaration of the trial justice and physicians, and of the order of retention, and immediately send the same to the judge of probate of the county wherein such lunatic, idiot, or epileptic shall reside, who shall thereupon make such order in relation to the custody of the estate of the said subject as would have been made had the proceedings been under a writ de lunatico inquirendo.

$1592. Transient pauper lunatics to

appropriation for support.

12. Transient paupers, lunatics, idiots, or epileptics, sent to the asylum by virtue of the existing laws, shall be supported at the expense of the state, and the regents are hereby authorized to draw from the be received: treasury for every such lunatic one hundred and thirty-five dollars per annum. And it shall be the duty of the regents to report, specially, to every legislature, the whole number of this class of lunatics, idiots, or epileptics, while they remain a charge upon the public treasury.

§ 1593.

Terms of admission; advances not to

certain cases.

13. No subject shall be admitted into the institution until one-half year's expense of maintenance and medical attendance there shall be paid to the treasurer of the regency; and a bond and good security shall be exacted in be given to pay the said expenses half-yearly, in advance, so long as the subject remains in the institution, and to pay all funeral charges in case of his death; but such bond shall not be required of the county commissioners sending a pauper subject to the institution; provided, that the regents shall not be required to exact half-yearly advances for the admission into the asylum of such subjects as may be deemed curable, and likely to be speedily discharged, but only such

advances as they may deem the nature of the case to require. In case the half-yearly advances are not paid, the bond shall be immediately put in suit.

$ 1594.

14. Whenever any lunatic or epileptic shall have recovered, it shall be the duty of the regents to discharge him lunatics, etc. or her from the asylum.

Discharge of

1595. Imbeciles to be removed by county commissioners to county poorhouses.

15. The county commissioners of the various counties in the state shall remove their imbeciles from the state lunatic asylum, upon due notice from the superintendent to the said county commissioners as to the number of imbeciles confined in the institution from their respective counties, and shall take care of all such persons in their respective county poorhouses.

1596.

ployed may be removed.

16. It shall be the duty of the regents to remove from office and cause to be indicted, any person employed in Persons em- said institution who shall assault any idiot, lunatic or epileptic, or use towards any such idiot, lunatic, or epileptic any other or greater violence than may be necessary for his or her restraint, government, or cure.

§ 1601.

Before sending lunatic to asylum, no

en county commission

ers to decide about ability

17. All officers now authorized by law to send insane persons to the lunatic asylum, shall, before sending such insane person to the asylum, notify the chairtice to be giv- man of the board of county commissioners, or the clerk of such board, that such person shall be sent to the lunatic asylum, having first had such lunatic, to pay, etc. if of dangerous or violent character, so secured as not to do any damage or injury; and the county commissioners. shall, as early as practicable, ascertain whether or not such insane person should be sent to the asylum as a beneficiary, or as one to be only in part supported by the state, or as a pay patient; and they shall also investigate the pecuniary condition of all beneficiary lunatics from their respective counties now in the asylum; and they shall have the right to call upon the solicitors of their circuit for all assistance in law to the carrying out of their duties herein; provided, that no portion of the corpus of any estate belonging to such patient shall be taken for the current support of such patient.

$ 1602. Penalty for

18. If the county commissioners shall send to the lunatic asylum any person who can be now made to pay improper dis out of his or her income for his or her support, and shall knowingly or wilfully make a false report upon

charge of

duties.

the condition of any person sent by such officer now authorized by law to send insane persons to the asylum, such commissioners shall, upon due conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not exceeding two hundred dollars, and the bond of such county commissioner shall be liable for such fine.

19. Nothing herein contained shall be held in any manner to apply to the entrance of pay patients into the asylum as now provided by law.

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Not applica ble to pay patients.

20. The county commissioners shall be authorized to send all pauper lunatics, idiots, and epileptics, in their $899. several counties, to the lunatic asylum.

Commitment to asylum.

Paupers, lu

$2697. natics, etc., prisoned, but asylum.

not to be im

sent to the

21. No pauper, lunatic, idiot, or epileptic, shall hereafter be confined for safe keeping in any jail; and if any such person shall be imprisoned, under and by virtue of any legal process, it shall be the duty of the sheriff, in whose custody he may be, to obtain his discharge as speedily as possible, and send him forthwith to the asylum, according to law, at the expense of the county within whose limits he shall have gained a settlement.

Jailer to re

22. It shall be the duty of the jailers of the several counties of this state, at the sitting of each court of sessions, § 2698. to report to the presiding judge the names of the port lunatics. persons confined in jail, who are lunatics, idiots, or epileptics, with the cause of their detention.

No. 121, § 1.

Powers of
superintend-

et and
regents.

23. The superintendents and regents of the state lunatic asylum shall not receive into said institution any Act of 1882, beneficiary patient unless the order consigning such person to the asylum is accompanied by a report from the county commissioners of the county from which such person is sent, certifying that they have carefully investigated the circumstances and condition of such person, his or her family, parent or guardian, and that such person is a proper subject for beneficiary care and to what extent.

Report shall

24. Said report shall also be certified by the county auditor and treasurer of such county, showing the property id $2. and condition of such patient. And the superin- be certified to. tendent and board of regents shall have the right to reject any and all applicants for beneficiary care, if in their judgment

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, Powers and 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.

duties.

§ 1589. In criminal cases judge

may send per

sons non com

pos 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.

GOVERNMENT OF ASYLUMS.

1. Tennessee hospital continued.

2. Corporate powers.

3. Enumeration of officers.

4. Board of trustees, appointment, term of office, duties.

5. Ex-officio visitors.

6. Superintendent, qualifications.
7. Qualifications and residence.
8. Term of office.

9. Control of officers.

10. Oath of office.

11. Bond of superintendent.

12. Duties of superintendent.
13. Trustees, powers and duties.

14. Trustees and superintendent, powers and duties.

15. Monthly meetings, inspection of asylum.

16. Biennial meetings.

17. Compensation of trustees.

18. Appropriations by trustees.

19. Treasurer, state treasurer to act as. 20. Quarterly report of.

21. Disbursements on order of chairman of board.

22 Treasurer, compensation. 23. Superintendent, salary.

24. Sale of liquor near asylum prohibited.

25. Intoxication on asylum grounds, penalty for.

26. Suit for bonds of non-residents. 27. Reports of non-residents in arrears. 28. Non-residents in arrears returned.

ASYLUM FOR COLORED INSANE.

29. Appropriation for erection. 30. Appropriation, how drawn. 31. Erection under superintendence of trustees of state asylum.

32. Directors for erection of asylum, to receive no compensation, not to be interested in contracts. 33. Superintendent, plans for asylum. 34. Laws governing state asylum to apply to east Tennessee asylum.

ADMISSION AND DISCHARGE.

35. Non-residents not received in asyJum.

36. Admission, proceedings on. 37. Apportionment of non-paying pa

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