"Witness our hands and seals, this day of , A. D. A. B., [Seal] "I have examined into the state of health and mental conand my opinion is that he is insane. dition of Physician." 11. If there should be a balance in the treasury of the hospital to the credit of a patient removed therefrom, the treasurer must pay it to the person authorized to receive the same. § 1480. Balance in favor of removed patients returned. § 1481. 12. Every term in this chapter importing the masculine gender, applied to patients, extends and applies to females as well as to males. plies to females. § 1482, as amended, 1876, p. 189. Proceedings for admission gent, and fund of the indi 13. When a person in indigent circumstances becomes insane, application can be made by his friends, or any other person in his behalf, to the judge of the probate court in the county where he resides; and such judge must, without delay, make application to the superintendent of the hospital for his admission, and accompany the application with full and satisfactory answers to the following interrogatories: for their support. (1) Name, sex, age and color of the person for whom application is made? (2) How long since derangement of mind was first suspected? (3) How long has it been plainly and openly manifested? (4) Was it gradual or sudden in its approach? (5) What is the bodily condition of the patient-vigorous and healthy, or helpless and diseased? (6) Has the patient epileptic convulsions, or paralysis in any form? (7) Is the patient filthy or cleanly in dress and personal habits? (8) Is the patient noisy, violent, dangerous or destructive? (9) What is the character of insanity-how exhibited, the supposed cause thereof, and any other important facts bearing upon the case? When informed that the patient can be received, the judge must call one respectable physician and other credible witnesses, and fully investigate the facts in the case, and either with or without the verdict of a jury, at his discretion, must decide the case as to sanity and indigence; and if the judge believe that satisfactory evidence has been adduced showing the patient to be insane, and his estate insufficient to support him and his family, (or himself alone, if he has no family,) under the visitation of insanity, he must, upon the judge's certificate, be sent, within thirty days, to the hospital at the expense of the county, and be supported there at the expense of the state; and the superintendent shall be required to keep the vacancy open for a period of thirty days after the date of his notice that the patient can be received. The judge, in all such cases, shall have requisite power to compel the attendance of witnesses or jurors, and must file the certificate of the physician, taken under oath, and other papers relating to the case, with a report of the proceedings and the decision. § 1483, 14. In cases provided for in the foregoing section, copies of the judge's and physician's certificates shall be sent with the indigent insane person, and filed by the superintendent of the hospital. Such certificates shall read substantially as follows: as amended, Certificate of 1876, p. 191. the judge, and its form. I, A. B., judge of the court of probate of the county of and state of Alabama, do hereby report that application has been made to me in behalf of C. D., a resident of said county, alleged to be insane and in indigent circumstances, and pursuant to the act of the legislature in such cases made and provided, I have called before me Dr. , a respectable physician, and other creditable witnesses, to wit: (state their names), and having examined them and fully investigated the case, and not deeming it necessary to call a jury, I do hereby decide and certify that satisfactory proof has been adduced before me, showing the said C. D. to be an insane person, and that he has not sufficient estate or means to support him under said visitation of insanity. I, E. F., of the county of duly sworn according to law, do certify and declare that I have examined into the state of health and mental condition of C. D., of the said county of and that my opinion is that he is insane. E. F., Physician. day of Sworn to and subscribed before me, this A. D. I, A. B., judge of the probate court of do hereby certify that the foregoing is a true copy of my report and certificate in the case of, and also of the certificate of Doctor appended, as filed in my office. In witness whereof, I have hereunto set my hand, at thereto A. B., Judge. § 1484. Continuance hospital. 15. When an insane person in indigent circumstances has been sent to the hospital by his friends, who have of patient in paid his bills therein for three months, if the superintendent shall certify that he is a fit patient, and likely to be benefited, by remaining in the institution, he may be retained therein at the expense of the state, on the certificate of the probate judge of his county, declaring his indigence. § 1485. cleanliness § 1486. Expenses of paid by counties. 16. The county officers sending a patient to the hospital, must, before sending him, see that he is in a state of Officers see to perfect bodily cleanliness, and is comfortably clothed, and clothing. and provided with suitable changes of raiment. 17. All necessary expenses incurred by county officers in sending indigent insane persons to the insane hosindigents, pital, shall be paid out of the county treasury on the order of the court of county commissioners. 18. When a person has escaped indictment, or been acquitted of a criminal charge on the ground of insanity, the court being certified by the jury, or otherwise,, of the fact, must carefully inquire and ascertain whether his or her insanity in any degree continues, and if it does, shall order him in safe custody, and to be sent to the hospital; the state must defray his expenses while there, but may recover the amount so paid from his estate, or from any guardian or relative who would have been bound to provide for and maintain him elsewhere. 1487. Insane ac quitted on account of insanity. 1488. Insane con indictment, ned under and for other causes. 19. If any person in confinement under indictment, or for want of bail for good behavior, or for keeping the peace, or appearing as a witness, or in consequence of any summary conviction, or by an order of any justice, appear to be insane, the judge of the circuit court of the county where he is confined must institute a careful investigation, call a respectable physician and other credible witnesses, and if he deem it necessary, may call a jury, and for that purpose he is empowered to compel attendance of witnesses and jurors, and if it be satisfactorily proved that the person is insane, the judge may discharge him from imprisonment and order his safe custody and removal to the hospital, where he must remain until restored to his right mind, and then, if the judge shall have so directed, the superintendent must inform the judge and the sheriff, whereupon the person must be remanded to prison, and criminal proceedings be resumed, or he be otherwise discharged; the provisions of the preceding section requiring the state to defray the expenses of a patient sent to the hospital, shall be equally applicable to similar expenses arising under this and the following section. Insane charg 20. Persons charged with misdemeanors and acquitted on the ground of insanity, may be kept in custody and 1489. sent to the hospital in the same way as persons ed with mischarged with crimes, and the county courts and jus- demeanors. tices of the peace have the same power in reference to persons charged before them with misdemeanors as is bestowed upon the circuit courts in sections 1487 and 1488. § 1490. missioner bate judge pable. County com acts, if pro 21. If the judge of probate be dead or incapable of acting by reason of sickness or otherwise, the duties herein before required to be performed by him are required to be performed, in the same prompt manner, by one of the commissioners of the county, and his acts in the premises shall have the same validity as the acts of the judge. dead or inca § 1491. 22. All indigent patients sent by order of the judge, as specified in section 1482, are entitled to two years residence in the hospital, unless sooner restored to soundness of mind; after that period, if, in the opinion of the superintendent, such patients are Pauper and sane returned indigent in to county after two years. not likely to be benefited by longer residence and treatment in the hospital, and are neither dangerous to the community, nor likely to suffer by removal, the superintendent is empowered to order the removal of such patients by the commissioners to the poor house of the county of which they are resident. [Query: Superseded by act of 1876, p. 275; see section 1499?] 23. Whenever the superintendent shall order a patient removed from the hospital to the county from which removal of pa- he came, the commissioners of such county must * hospital. pay the actual and reasonable expenses of such removal, as part of the expenses of said county. § 1492. Expenses of tients from § 1493, as amended 1876, p. 188. Discharged patients clothed and supplied with money. 24. No patient must be received or discharged without suitable clothing, and if it cannot otherwise be obtained the steward must furnish it and charge the same to the county from which he was sent. The patient must also be furnished by the steward, if it is not otherwise to be had, with money sufficient, not to exceed twenty dollars, to pay his expenses until he reaches home; and the cost of such clothing and money advanced must have precedence over other claims, and be repaid .promptly by the commissioners of the county from which the patient comes, out of the first money which comes into the county treasury. § 1494. Physician of ary reports certain 25. The physician of the penitentiary must report to the governor the names of all insane convicts impristhe penitenti- oned in the penitentiary for a less period than lifetime, whose general deportment in the penitentiary sane convicts. has been good, and whose character was good before they were sent to the penitentiary, and who were not sent there for rape. classes of in § 1495. Governor al to hospital on report of 26. The governor must, when any case of insanity is reported to him, under the preceding section, appoint causes remox three physicians of skill and experience, of whom physician. the physician of the penitentiary must be one, to examine the persons reported to be insane, and report to him the result of such examination; and if such board of physicians shall report such person insane, and a fit subject for the hospital for insane persons, the governor must cause such person to be removed to the hospital for insane persons at Tuskaloosa, at the cost of the state. |