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When one asylum full, patient may be sent to another.


must supervise as to number of

greater than can be properly accommodated and cared for in that institution, and there is at the time

capacity for the reception and care of the patient at either of the others, it shall be the duty of the commissioners and superintendent of such other to receive as many of those rejected at the former, for want of room, as can be properly accommodated. When, upon application to the proper asylum, the patient is rejected for want of room, immediate application

shall be made to another; provided however, that colored patients shall only be sent to or kept by the eastern and central asylums; and provided also, that the white and colored patients shall not be kept in the same buildings.

(4) The governor is empowered and directed to take care Governor that each of the asylums is kept full to its utmost

capacity of such patients as are receivable by it, as patients. long as any such patients in the state are unprovided for, and that each receives its due proportion of the patients in excess of the ordinary capacity of the asylum. 30. No order shall be made by any court or officers for send

ing a pauper idiot to an asylum, nor shall such Sendins pau- idiot be received therein unless the jury, by their

verdict, on the inquest, shall find that he is so dangerous or uncontrollable that he cannot be safely and properly kept by a committee within the county. 31. (1) In order to relieve the state from an undue accumula

tion of patients, the several asylums may send back Amendmentof

to the counties of their residence, or whence they came, any idiots (epileptic imbeciles, and harmless incurable lunatics] who are now, or may hereafter

be, in such asylums, and who, in the judgment of the commission herein authorized, can be safely and properly kept by a committee within their counties. The

president of the board of commissioners of each asylum, the superintendent, and one other of the

commissioners, to be from time to time appointed by the board, as necessity may arise, shall constitute, a commission to act upon such cases as the superintendent, for the assistant physician, or either of them] may propose to send

back. They shall investigate each case carefully 807, $ 4. and thoroughly; and if, after such investigation,

Ibid 26.


Ibid $ 27.
1x78, ch. 807,
§ 1. Idiots
inay be now
sent to county
and put in
charge of com-

Duties of commissioners in regard to.

Amendment of 1878, ch.

they shall all concur in opinion that any specific patient is so quiet, harmless, and governable, and his physical condition is such that he can be safely and properly kept by a committee within the county, they shall, in each case, make duplicate certificates of the determination, signed by them all, one to be filed and kept by the superintendent, the other to be sent with the patient.

(2) Thereupon it shall be the duty of the superintendent to send each paying patient, as to whom such certifi

Duty of saper. cate shall be made, back to the county of his intendecor residence or whence he came, and deliver him, with monwealths, one of said certificates, to his committee, if there be regara theroone; if there be no committee, then to his friends to. who have provided for his support; and he shall send each pauper patient, as to whom such certificate shall be made, back to the county of his residence or whence he came, during the term of the court having general equity jurisdiction therein, to be brought before said court, that it may provide for his custody and support. The certificate of the commission aforesaid, and a copy of the original inquest papers, if remaining at the asylum, shall be sent along with the patient, and presented to the court; and it shall be the duty of the attorney for the commonwealth, or, in his absence, the county attorney, to procure the proper steps to be taken in such cases.

(3) The courts, in cases brought before them under these provisions, shall take proper proceedings and make Duties and the proper orders for the custody and support of courses in's such idiots.

(4) The said courts shall have power to direct such pauper idiots to be kept in the poor-house of the county, if Court shall there be one; and in such cases the allowances for direct, etc. their support shall be paid to the receiver of the poor-house, who shall be liable on his official bond for a faithful appropriation and a just account thereof.

(5) The foregoing provisions apply equally to male and female patients.

32. The cost of returning pay patients is to be defrayed by their respective committees, if they have any, and, Act of 1878. if they have no committee, or friends or relatives Who to pay able and willing to pay such cost, then the cost of turning.

courts in such cases.

Male and female patients. Ibid $3,

cost of re.


Warrants for


removal to be paid the same as in case of pauper patientsthe cost of transportation of pauper patients to be paid by certificate, made on the auditor, and certified to by the superintendent in the name of the asylum sending such patients away, which shall be the same as now regulated by law for conveying pauper lunatics to the asylum. 33. This act shall apply to all patients who have been regu

larly committed to the lunatic asylums by proper 1880, c. 1840, inquest, and the amount allowed for their suste

nance and support shall be (seventy-five dollars] pupport of re- each per annum, which shall be paid by direction

of the court making the order for the custody of the returned patient, which order shall be certified to by the clerk of the court making the order, directed to the auditor of the state, who shall issue his warrant on the treasurer for the sum allowed annually in favor of the party named in the order of the court. 34. All pauper idiots, epileptics, and harmless incurable

lunatics that have been or may hereafter be reCustody or ro. turned by the asylums in which they may have

been or may be confined, to the several counties,

shall be delivered into the custody of their friends, if any; if not, then to the county judges thereof, if they be residents of and sent from the county of Jefferson outside of the city of Louisville, and to the mayor of the city of Louisville, if they be residents and sent from said city, who shall make suitable provision for their keeping out of the annual seventy-five dollars appropriation now allowed such persons

Act of 1881,

turned patients in Louisville.

by law.

Ibid $ 2.

This act shall only apply to Jefferson county and the city of

Louisville. 35. The several courts having general equity jurisdiction in Ch.63, art. 1. this commonwealth have power and jurisdiction tion of courts within their respective counties over the care and general equi. custody of the persons and estates of all idiots, lunaover the per- tics, those who, from confirmed bodily infirmity, are

unable to make known to others by sign, speech, or lunatics. otherwise, their thoughts or desires, and by reason thereof incompetent to manage their estates, and those whose minds, on account of any infirmity, or weight of age, have be

8008 and estates of idiots aud

of April 24, 1882, $ 1.

may be sold to



come so imbecile or unsound as to render them incompetent to manage their estates; as also over their committees, with power to appoint, suspend, and remove committees for them, upon the same terms and in the same manner, as is given over the persons estates and guardians of infants.

[Jurisdiction in inquests of idiots shall be confined Amendment to circuit court and criminal courts alone.]

36. The courts aforementioned may, on the application of a committee, order the sale of the whole or any part Art. 1, $ 2. of the real estate of an idiot, lunatic, imbecile, or Belboe tota incompetent person, when indispensably necessary for maintefor the payment of debts or for the maintenance of Dance, such person and his family, and where the personal estate, with the rents and profits of the real estate, are not adequate for that purpose.

37. The power and duty of the committee of an idiot, lunatic, imbecile, or incompetent person, shall, in all re- thid $ 3. spects, be the same as those of the guardian of an duty of cominfant, except as to education. But the court may Another may appoint a person other than the committee to take be appointed charge of the person of the idiot or lunatic when he of the person. is not confined in a lunatic asylum, and make the necessary orders for his support upon the committee.

38. No judgment shall be binding on an idiot, lunatic, imbecile, or person incompetent having a committee, [hid $ 4. unless the committee be also brought before the mittee must court, nor shall any action be prosecuted in the name fore court. of such idiot, lunatic, imbecile, or person incompetent without the assent of his committee, unless for special cause, No suit with the court in which it is brought shall permit its committee. prosecution at the instance of another as next friend.

(1) If there be no committee, the court may proceed by the appointment of a next friend.

(2) If there be a committee, and the idiot or lunatic is confined in an asylum, service of process on the com- When idiot or mittee alone shall be sufficient to bind the idiot or lum. lunatic.

39. A committee shall not be appointed to an idiot, lunatic, or person charged to be imbecile or incompetent, Committee who is a resident of this commonwealth, unless he not to be ap

In suits com

be brought be

When there is no committee.


cept upon judgment of court.

Art. 2, $ 5.


has been heretofore or may hereafter be found to be

such by the judgment of a court of competent jurisdiction in the county of his residence; or, if a non-resident, by the judgment of such court in the county of his residence. 40. A person is a pauper idiot or lunatic, within the mean

ing of this chapter, who has been found, by the verWbari panper dict of a jury, to be an idiot or lunatic, and that he

has no estate sufficient for his support; and also that his parents, if alive, have not sufficient estate to maintain him, and that he is unable to work for a support; and the order of court, making and certifying the annual allowance for the support of the idiot, shall be made on proof, and so state, and shall also state that the idiot is then alive, and a pauper. Upon such certificate, if a copy of the inquisition required to be filed by the provisions of this chapter has been filed with the auditor, he shall issue his warrant upon the treasury for the amount due, not exceeding seventy-five dollars per year, and at that rate for a greater or less time. 41. Hereafter it shall not be lawful for any court in this

commonwealth to allow, for the sustenance and support of any idiot, epileptic, or lunatic, whether he

has been returned from an asylum or not, more than seventy-five dollars per annum, which shall be paid as such claims are now paid by law.

42. If any person be of unsound mind, it shall be the duty Ch. 53, art. 2, of some court of the county in which he resides, fonquest to be having general equity jurisdiction, upon the appli

cation of the attorney of the commonwealth, or, if he be absent, of the county attorney, to cause an inquest by a jury to be held in open court, to inquire into the fact. The court shall appoint some member of the bar to represent and Attorney for protect the interest and rights of the person alleged be appointed. to be of unsound mind; and it shall also be the special duty of the attorney for the commonwealth, or for the county, to prevent the finding of any person, as an idiot or lunatic who, in his opinion, is not such; or the finding of any person an idiot who is a lunatic.

43. The commonwealth's attorney shall be especially Act of April charged with the duty of being present at all inDuty of com- quests, and shall, whenever the interests of the state

Act of 1980, ch. 1570, $ 1. Limit of allowance for support.


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