character, experienced in the management of luna- Qualification. tics, and qualified as a physician; he shall hold his office for the term of two years from the date of his appoint- Tenure. ment, unless sooner removed by the board of commissioners for incompetency, neglect or improper conduct; he shall exercise such powers in control of the inmates of the Powers. asylum and in conduct of the institution as shall be determined between him and the board of commissioners, and Salary. shall receive such salary, not exceeding two thousand dollars per annum, as the board shall prescribe.

5. The said board shall regulate the number and the compensation of the employes of such asylum, and pre- Ibid $ 20. scribe the duties to be performed by them.

Compensation.

Ibid § 2.

Counties to

the poor.

Ibid § 3.

Duty of cir

cuit judge on

suggestion of

6. The respective counties of the state shall provide, in the manner fixed by law for those of the inhabitants who by reason of age, infirmity or misfortune may provide for have claims upon the aid and sympathy of society. 7. Whenever it shall be suggested, by petition or otherwise, to any judge of the circuit court of this state, that there is any lunatic or insane person within the limits of the judicial, circuit of said judge, incapa- lunacy. ble of managing his or her own affairs, or of taking care of himself or herself, it shall be the duty of said judge to issue a writ to the sheriff of the county wherein such lunatic or insane person is alleged to be, directing him to bring such person before him for the purpose of inquiring into Inquiry the alleged fact of lunacy or insanity.

therein.

Ibid § 4.

8. If it shall be found, upon investigation, that such person is a lunatic, or insane, the judge shall pass such order or decree as is usual or necessary in such

cases.

Order on find

ing of lunacy.

Ibid § 5. Decree

9. If it shall appear that such lunatic or insane person has sufficient estate to support him or her, the decree made by the judge shall bind said estate.

to bind estate of lunatics.

Order for

insane person Ibid § 6. lunatic to be asylum.

taken to

10. If it shall appear that said lunatic or is destitute, then the judge shall direct and order that the sheriff shall transport such lunatic or insane person to the asylum for the indigent lunatics of the state of Florida, and there deliver such lunatic or insane person to the officer having charge of the same, for the

vate care of

lunatics.

purpose of his care, custody and treatment; provided, however, Order for pri- that the judge may, in his discretion, direct the said lunatic or insane person to be delivered to any other person for his care, custody, and maintenance, in which event the said insane person shall be so delivered, and it shall be the duty of the person to whom such delivery is made to provide for his care, custody and maintenance. For such care, custody and maintenance the said person shall receive not exceeding the sum of one hundred and fifty dollars per Compensation, annum, to be fixed by the judge and paid by the treasurer upon a warrant of the comptroller drawn. against the appropriation for the maintenance of lunatics. 11. It shall be the duty of the comptroller, once in every six

how paid.

Tbid § 7. Comptroller to forward

lists of lunaties to state attorneys.

by grand

jury.

months, to forward to the state attorney of each circuit a list of the lunatics in the care of private persons in the several counties in his circuit; and it shall be the duty of the state attorney to cause an Investigation investigation to be had into the merits of each case by the grand juries of the several counties at the next term of the court. Upon the presentation of each case to the grand jury, it shall be their duty to inquire into the same, causing each of said lunatics to be brought before them by the sheriff of the county, and to make a report of the true condition of all such lunatics. A copy of this report shall be forwarded by the state attorney to the attorney-general and the comptroller. In all cases where the attorney-general shall deem it proper, he shall direct the state attorney to institute proceedings before the judge of the circuit court looking to the change of the custody for change of, of said lunatic, or to his final discharge from such care and custody, or to his transfer to the state asylum; and the said judge shall make such order in the premises as to him shall seem just and right.

Report to attorney general and

comptroller.

Proceedings

or

from custody.

Ibid § 8.

Compensation

ings when not accepted.

12. The sum allowed to any private person for the care and custody of any lunatic shall not exceed one hundred and proceed and fifty dollars per annum, and no other or further sum shall be allowed for such service. In the event the sum herein allowed is not accepted by such person, the judge of the circuit court shall direct the transfer of the lunatic to the state asylum or his discharge, upon petition filed by such person.

Ibid $9.

Sheriff to

bring lunatic

13. Upon the filing of a præcipe to that effect in the clerk's office by the state attorney, or upon the order of the judge, the clerk shall issue a writ commanding the sheriff to bring before the court or the grand jury any person alleged to be a lunatic or insane person, and the sheriff shall execute such process. The clerk and sheriff shall receive for such service such compensa- compensa

before court

or grand jury.

tion as is now allowed by law for the issuing and tiou. service of a capias.

Ibid § 12.

tics for pay.

14. It shall be lawful for the physician in charge of the asylum for indigent lunatics of the state of Florida, when directed by the board of commis- Care of lunasioners of state institutions, to receive into said. asylum any lunatic, idiot or insane person whose friends, parents, or guardians, are able and willing to pay for the care, and custody, and maintenance of said lunatic, idiot, or insane person.

15. Such lunatic, idiot, or insane person shall receive all care, food, clothing and medical attention, as he or Ibid $ 13. she may demand and require, from the physician and other employes of the asylum.

Attention, ete.

Ibid § 14.
Terms.

16. The board of commissioners of state institutions shall, in all such cases, prescribe what amount shall be paid by the friends, parents or guardians of any such lunatic, idiot or insane person, as may be received into the said asylum, for the support, care and custody of such idiots, lunatics or insane persons; and such moneys shall be paid by the friends, parents or guardians of such lunatics, idiots, or insane persons, quarterly, to the treasurer of the state of Florida, who shall receipt for the same; and such moneys so received shall always be taken and con- Disposition sidered as a part of the sum appropriated for the of funds. maintenance of indigent lunatics, and shall be used as such.* 17. Whenever the board of commissioners of state institutions shall deem it necessary or expedient, they hid § 15. may require a good and sufficient bond from the friends, parents or guardians of any lunatic, idiot or insane

Bond.

* The board of commissioners of state institutions is composed of the governor and cabinet.

person, whom it may be desired to have placed in the said asylum, for the prompt and faithful payment of what may be charged for the support, care, and custody of such lunatic, idiot or insane person; and if such friends, guardians or parents do not pay the amounts required by the board of commissioners for the support, care and custody of such lunatic, idiot or insane person, within six months after the same is due, it shall be the duty of said board of commissioners to comSuit on bond. mence suit upon such bond and any moneys recovered in any such action shall be always applied to the maintenance of indigent lunatics.

Act of 1883. §1, p. 64. Fee and mileage.

18. Hereafter any practicing physician who shall be called in by a circuit judge to testify on an investigation as to the lunacy or insanity of an indigent person, who shall be alleged to be a lunatic or insane, shall be paid the sum of five dollars, and ten cents per mile by the state out of the appropriation for the maintenance of indigent lunatics and insane persons; the same shall be audited by the comptroller on the approval of the circuit judge, and paid by the treasurer on the comptroller's warrant.

Ch. 147, § 19.

19. The physician of the state prison shall also be the physician for such asylum, and shall exercise such powers Physician. in the matter of the care of the inmates of such asylum as may be prescribed by said board of commissioners. 20. He shall attend upon all insane convicts, and when, in Ch. 189, § 20. his opinion, it can be done without detriment or danger to the other inmates of the prison, shall direct their removal to the prison hospital and see that they have proper care and exercise.

Insane con

victs.

Ch. 87, § 20. When

acquitted for

may say so, and court

may arrest.

21. When any person tried for an offense shall be acquitted by the jury by reason of insanity, the jury, in giving their verdict of not guilty, shall state that it was given insanity jury for such cause; and thereupon, if the discharge or going at large of such insane person shall be considered by the court manifestly dangerous to the peace and safety of the people, the court shall order him to be committed to jail, or otherwise to be cared for as an insane person, or may give him into the care of his friends, on their giving satisfactory security for the proper care and protection of such person; otherwise he shall be discharged.

GEORGIA.

1