finement in prison under the provisions of the statute then in force, [shall] be sent to the asylum provided by the territory for the insane, and there safely kept until cured or otherwise discharged by authority of law. Court or judge, shall make order. keeping, how 52. The district court or judge thereof which had cognizance of and tried the case, is hereby authorized and re- § 2066. quired to make an order requiring the sheriff of the county, where the party is confined, to transport such insane person, without delay, to the said asylum, and the superintendent of said asylum is required to receive such persons in said asylum and care for them as he cares for other insane patients: provided, that in no case shall the Expenses of territory be chargeable for the transportation and paid. keeping of such insane persons when such insane persons may have sufficient property, real or personal, to defray the expense of said transportation and keeping at the asylum; but if such insane persons are not able to pay the expense of such transportation, then such expense shall be paid by the territory in the same manner as is usually paid for the transportation of insane persons. WEST VIRGINIA. GOVERNMENT OF ASYLUM. 1. Asylum continued, title, board of directors. 2. Powers of directors. 3. Board of directors, appointment, term of office. 4. Treasurer, duties, bond. 5. Reports of directors. 6. President of board. 7. Superintendent and other officers. 8. Fiscal year, accounts. 9. Semi-annual accounts. 10. Term of office of directors, compensation. 11. Removal of directors. 12. Vacancies, how filled. 13. Directors not to be interested in contracts. 14. Neglect of official duty, penalty. ADMISSION AND DISCHARGE. 15. Investigation of insanity, interrogatories, commitment. 16. Proceedings on investigation. 17. Interrogatories, statement of justice. 18. Duty of committing officer. 19. Transfer to asylum, expenses. 20. Admission to asylum. 21. Refusal to admit, return of patient. 22. Non-residents, temporary confinement, return to friends. 23. Non-residents, when admitted. 24. Insane of naval service to give place to residents. 25. Idiots to be returned to county, expenses of removal. 26. Discharge to friends, criminals excepted; harmless incurables. 27. Delivery of patient to sheriff by surety. 32. Lunatics confined in jail, disposition of, by court. 33. Transfer to asylum, expenses, commitment. 34. Fees of committing officers. 35. Duty of committing officer, penalty. 36. Support of insane in jail, allowance to jailer. 37. Further allowance, for nurses and physicians. 38. Appointment of committee. 39. Investigation of insanity, committee appointed. 40. Non-resident, like proceedings. 41. Bond of committee. 42. Powers and duties of committee. 43. Real estate of patient, when sold, petition. 44. Petition referred to commissioner in chancery. 45. Order of sale,disposition of proceeds. 46. Support of infant insane, to whom chargeable. 47. Investigation of insanity, expenses borne by county. 48. "Lunatic," definition of. 49. "Insane person," definition of. NOTE. Chapters 54, 55, 99, 108 and 114 of the Revised Statutes of 1879 correspond with chapters 158, 159, 14, 13 and 58 respectively of the code. Revised Statutes of 1879, 1. The West Virginia hospital for the insane, established at the town of Weston, in the county of Lewis, shall continue under the management of the present board of directors and their successors in office, who shall continue a body corporate by the name of the "West Virginia Hospital for the Insane." ch. 108, § 1. Hospital for corporate. insane, a body Power of 2. By that name the board of directors may sue and be sued, and have a common seal, and continue to have Ibid § 2. charge of the hospital and of any real or personal directors. estate heretofore or hereafter given or conveyed to it or to themselves for its use. Ibid § 3, as amended 1882, ch. 67. Board of di nine memappointed. vacancies, rectors to consist of bers. How terms of office, quorum. 3. The board of directors shall be composed of nine members. The governor shall nominate and by and with the advice and consent of the senate appoint said directors, whose term shall expire on the first day of February, one thousand eight hundred and eighty-three, and in the month of January, one thousand eight hundred and eighty-three, the governor shall nominate, and by and with the advice and consent of the senate, appoint nine directors for said hospital, but said directors shall be divided into three classes, equal in number. The terms of office of the directors so appointed in the month of January, one thousand eight hundred and eighty-three, shall commence on the first day of February one thousand eight hundred and eighty-three, and the terms of those in the first class shall be two years, those in the second class four years and those in the third class six years. In the month of January, in the year one thousand eight hundred and eighty-five, and every second year thereafter, the governor shall nominate and by and with the advice and consent of the senate, appoint three directors instead of the class whose terms expire in such year, and the terms of such three directors shall commence on the first day of February, in the year of their appointment, and continue six years. The governor may in like manner fill any vacancies that may occur in the board, and any one appointed a director by him during the recess of the senate, shall be a director until the next session of the senate thereafter. Not more than one director in each class shall be appointed from the county of Lewis, and not more than one director in the board shall be appointed from any other county. Unless otherwise provided by law, a majority of the board shall constitute a quorum, but the board may in its discretion designate business of a nature by it to be specified, which may be transacted by a stated number of directors less than a quorum. Ibid § 4. 4. The treasurer heretofore appointed shall continue to discharge the duties of that office during the pleasure of the board, and any vacancy in such office shall be filled by the board, who shall require the person appointed to give bond in such penalty as they may prescribe. The treasurer shall receive all money belonging to the hospital, and disburse the same under the orders of the board, and settle his account semi-annually. His draft on the treasury for an appropriation shall be under the order of the board, a copy of which shall accompany the draft; but no such draft shall be allowed by the auditor until all money drawn for the preceding year shall have been accounted for. Ibid § 5. board of di- 5. The board of directors shall annually, on or before the first day of January in each year, report to the governor, for the information of the legislature, the condition of the hospital, with a full account of their contracts, receipts, disbursements, and proceedings; and an account of all sums received and disbursed, with a list of the patients, designated by name or otherwise, in the hospital during the preceding year, showing their age and sex, place of residence and civil condition, the deaths and discharges, and condition when discharged, and any statistics and remarks as to the management of the insane, and the subject of insanity, which, in their judgment may be useful. 6. The board of directors shall biennially choose one of their body to be president, and, in his absence shall choose a president pro tempore. Ibid § 6, 1882, ch. 67. Ibid § 7, 1882, ch. 67. 7. A superintendent, and as many assistants as may be necessary (who shall be physicians) and other officers, shall be appointed by the board, and shall receive ent and other such compensation as the board may prescribe. The board may also appoint an executive committee and may authorize the superintendent to employ as many nurses and attendants as may be necessary, and also discharge them, or any of them, and employ others, but the board shall officers. fix their compensation. Any one or more of the directors, together with the superintendent, shall constitute an examining board, and may examine persons brought to the asylum as lunatics, and order those found to be such to be received. 8. The fiscal year of the said hospital shall end on the thirtieth day of September, annually, and the directors bid § 8. and treasurer shall settle their accounts so as to con form thereto. Fiscal year. Semi-annual 9. The board shall transmit to the auditor the semi-annual accounts of their treasurer, and also a copy of his official bond, as soon as the same shall have been rendered or executed. bid § 9. accounts. 10. The terms of such officers shall respectively commence and continue, and they shall have such compensa- ch. 99, § 32. tion and perform such duties and exercise such Terms of of powers as are prescribed by law for such officers. fice; compensation. Removal. 11. The governor shall have power to remove any of such officers in case of incompetency, neglect of duty, Ibid § 33. gross immorality or malfeasance in office; and he may declare any such offices vacant, and fill the same as provided in the following section. during recess of senate. 12. In cases of vacancy, during the recess of the senate, in any of the offices mentioned in this act, the gover- Ibid § 34. nor shall by appointment fill such vacancy until the next meeting of the senate, when he shall make a nomination for such office; and the person so nominated, when confirmed by the senate, (a majority of all the senators concurring by ayes and nays), shall hold his office during the remainder of the term and until his successor shall be appointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office during the same session, unless at the request of the senate, nor shall such person be appointed to the same office during the recess of the senate. All acts or parts of acts inconsistent with this act are hereby repealed. Ch. 108, $ 49. 13. No director of the hospital shall be personally interested in any contract in relation to the said hospital, or its support. 14. If any director of the hospital, justice, clerk of other officer shall fail to perform any duty required Director not court, or bid § 50. |