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the ground of upon if the court, after hearing any testimony
offered by the commonwealth or the defendant, be satisfied that he is insane at the time the verdict is rendered, it may order him to be taken to a lunatic asylum. 63. He may show for cause against the judgment any suf
ficient ground for a new trial, or for arrest of judg
ment; he may also show that he is insane. If the whýjudgm'nt court be of opinion that there is reasonable ground pronounced. for believing he is insane, the question of his insanity shall be determined by a jury of twelve qualified jurors, to be summoned and empaneled as directed by the court. If the jury do not find him insane, judgment shall be pronounced. If they find him insane, he must be kept in confinement, either in the county jail or lunatic asylum, until, in the opinion of the court, he become sane, when judgment shall be pronounced. 64. If the sheriff be satisfied that there are reasonable
grounds for believing that the defendant is insane
he may summon a jury of twelve persons on the cronnds,to he- jury list, drawn by the clerk, who shall be sworn by
the sheriff well and truly to inquire into the in
sanity of the defendant, and a true inquisition return; they shall examine the defendant and hear any evidence that may be presented; and by a written inquisition, signed by each of them, find as to the insanity. Unless the inquisition find the defendant insane, the sheriff shall not suspend the execution; but if the inquisition find the defendant insane he shall suspend the execution, and immediately transmit the inquisition to the governor.
lieve that defendant is insane.
GOVERNMENT OF ASYLUMS. 1. Establishment of asylum, title. 2. Board of administrators; appoint
ment, term of office, inspection. 3. Quorum, president pro tem. 4. Rules and regulations; contracts,
administrators not to be interested
in; corporate powers. 5. Superintendent and subordinate
officers, appointment, term of
office, salaries. 6. Inspection of asylums, weekly; ac
counts of receipts and expendi
tures, statistics, and reports. 7. Treasurer to act as secretary, powers
and duties, salary. 8. Vacancies, when occurring, how
filled; special meetings. 9. Unlawful entry on premises, or an
noyance; penalties for. 10. Abduction from asylum, penalty.
11. Contracts, how awarded.
ADMISSION AND DISCHARGE.
ment, expenses borne by parish. 15. Private patients, regulations for ad
mission. 16. Private patients, charges for. 17. Investigation of indigence, certifi
cate of judge.
CRIMINAL INSANE. 18. Convict feigning insanity or
stored to reason, examination. 19. Recommitment to custody, fees. 20. Upon acquittal on ground of insan
ity to be committed to asylum. 21. When not indicted, fact of insanity
to be certified to court. 22. Fact of insanity to be found in ver
dict of acquittal.
1. There shall be established in the town of Jackson, parish of East Feliciana, an asylum for the insane, to R. S. of 1876, be called the "Insane Asylum of the State of Asylum created. Louisiana."
2. The governor of the state shall, by and with the advice and consent of the senate, appoint six persons, who $ 1761. shall constitute a board of administrators of the ministrators state hospital for the insane, one of whom shall be the governor elected president by the members of the board. The four years. board shall remain in office four years, and they shall continue to exercise the duties of their office until their successors are qualified, and shall be removed and vacancies filled by the same power and in the same manner as provided for in their appointment. Members to compose the board shall be selected as follows: One from the parish of East Feliciana, one from the parish of West Feliciana, and four
Board of ad
for the term of
Vacancies how filled.
$ 1762. What shall
form a quo
from the parish of Orleans. The members selected from the parishes of East Feliciana and West Feliciana shall constitute an executive committee, who shall visit the institution at frequent stated intervals, not less than semi-monthly, and report its condition and management to the president of the board.* 3. The president and any three of the members shall form a
quorum, and in the absence of the president any four of said members shall choose one from among
themselves to act as president pro tem., and the board shall meet as often as the president may deem necessary or the condition of the institution may require. Vacancies in the board shall be filled in the same manner as herein before prescribed. 4. The board shall have power to make all rules and regu
lations for their own government, not contrary to powers of the law; to make all necessary contracts; provided, how
ever, that no member of said board shall in any manner be connected with the taking of such contracts, and they shall further have the right to accept any donation or legacy in the name of the asylum and for its use, to sue and be sued, plead and be impleaded, in all actions appertaining to the asylum. 5. The board shall elect the superintendent, who shall be
the chief physician and the executive officer of the elected by the institution, and shall with his family reside on the ministrators. premises, and is forbidden to practice his profession beyond its limits. He shall serve during good behavior, and can be removed only by the board of administrators for cause. The superintendent shall name to the board suitable persons to act as assistant physician or physicians, where more than one is required; steward and matron, who shall be removed by the board on the recommendation of the superintendent. The salaries of all the above mentioned officers shall be determined by the board. 6. At every regular meeting, the board shall appoint two of
its members, whose duty it shall be to visit said be appointed asylum at least once a week, for the purpose
$ 1764. Oficers to be
board of ad.
$ 1765 Cornmittee to
* Placita 2, 3 and 5 are amended by act of 1874, No. 50, which does not appear in the code.
Report to be
his bond and his duties.
taining the manner in which the regulations are by the board, complied with, and at each monthly meeting to and its duties. report the condition of the asylum.
The board shall furnish the legislature, on the second Monday of each session, a detailed statement of the annual receipts and expenditures of said asylum; a mly by the statement of the names of the insane persons in the general alice asylum; of the number and names of those ad- sembly. mitted ; of those deceased, and of those cured and discharged during the current year.
7. The board shall elect annually a treasurer, who shall be esc-officio secretary, and who shall not be a member of the board, and who shall give bond and security been suunnalty for the faithful performance of his duty, to be ap- noorte member proved by the majority of said board. It shall be the board, his duty to collect all debts due to said asylum; to receive quarterly upon the warrant of the president, whatever appropriations may be made by the state for its benefit; to take care and keep an exact account of the property, credit and revenues, and to make all necessary payments under such rules and regulations and restrictions as may be established by the board. Said treasurer and secretary, elected by his salary. the board, shall receive, as an annual salary for his services, the sum of six hundred dollars paid quarterly on the warrant of the president, out of the funds annually appropriated by the state.
8. The seat of any member who shall absent himself without sufficient cause from the regular meetings, shall be $1767. vacated by a majority of said board, and the vacancy seat of a memshall be immediately filled in the manner heretofore clared vacant. provided for. In the absence of the president, a ma- hewillea. jority of the members shall have power to call a meeting of the board whenever the necessities of the asylum may require it.
9. If any person shall, without permission, enter any of the buildings or inclosures appropriated to the use of the patients, or shall make any attempt to do so, tering any of or shall enter anywhere upon the premises belong- inclosures, ing to said asylum, and commit or attempt to com- asylum, how mit any trespass or depredation thereon, or if he punished. shall either from within or without the inclosure, annoy or
, Jurisdiction of the district court.
ducing any patient to es.
disturb the quiet of any patient confined therein, upon conviction thereof before the mayor or any justice of the peace in the town of Jackson, he shall be condemned to pay a fine not less than five nor more than one hundred dollars for the
use of said asylum, subject to appeal to the district
court as in other cases. And the district court shall have concurrent jurisdiction over the offending party, and, in pronouncing judgment, may impose a fine and imprisonment in the parish jail for a term not less than ten nor more than thirty days, or both, at the discretion of the court.
10. If any person shall abduct or seduce any patient to elope $1773. or escape from said asylum, or shall attempt to do Persons se
so, or shall aid or assist therein, every such person cape from the shall, upon conviction thereof, be condemned to pay asylum, how punished. a fine of not less than fifty dollars, nor more than five hundred dollars, for the use of said asylum, and at the discretion of the court be imprisoned in the parish jail not less than one month nor more than six months, or both, at the discretion of the court.
11. In all contracts for work, to be let out by the board of $ 1774. administrators, the said board shall cause specificaLetting out
tions to be made of the work to be done, and shall advertise the same for one month previous to the letting out of the contract, in a newspaper published in the parish of East Feliciana, and by notice posted up in the town of Jackson during the same time; and the parties wishing to bid for such contract shall be required to make their bids by sealed proposals, which shall be opened at a public meeting of the board by the president, on a day previously fixed, and the contract shall be awarded to the lowest solvent bidder, who shall give bond and security for the faithful execution of the same according to the published specifications. 12. Hereafter the board of administrators, or any officer of
the asylum, shall have no power to contract any
debt, borrow money, issue drafts, or make any coninto beyond the appropria- tract, or incur any liability connected with the
administration of said asylum beyond the amount appropriated by the legislature and the revenue of the institution for such purposes; and no such contract, debt, or liability thus incurred, by any of said officers, shall be binding on the state, nor shall the state, in any manner, be liable for the same.
tion of the legislature.