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Compensation

27. The same compensation must be allowed for guarding any insane convicts in the penitentiary, to and from § 1496. the insane hospital, as is allowed to sheriffs and for removal. guards carrying prisoners to the penitentiary, to be paid by the state.

§ 1497.

28. A convict to the penitentiary, sent to the insane hospital, must, upon his restoration to sanity before the expiration of his term of imprisonment, be returned to the penitentiary, or discharged, as the governor may order.

Restored convicts returned or discharged.

Convict insane at the expiration of his

29. When any person is imprisoned in the penitentiary of this state, under a sentence of a circuit court, and is § 1498. insane at the expiration of his term of imprisonment, the lessee must report the same to the gover- term. nor, who must cause an examination to be made of the extent and character of such insanity; and if upon such investigation it be found that such person is a proper subject for confinement in the hospital for insane persons, he must order him to be removed from the penitentiary to the hospital; and if such person be in indigent circumstances, and had no known place of residence previous to his confinement in the penitentiary, the expenses of keeping such person, must be paid by the state. 30. For the support of the Alabama insane hospital, including the salaries of the resident officers, wages of the $1499. nurses and other employes, and ordinary repairs, for support with the board, clothing, lodging, and all other hospital. expenses of the indigent or criminal insane, the sum of four dollars per week for each indigent and each criminal patient shall be paid by the state, on the last days of March, June, September and December of each year; the auditor of public accounts to issue his warrant therefor on the order of the treasurer of the hospital, countersigned by the superintendent; but any balance remaining in the hands of the treasurer or steward at the end of the fiscal year, shall be placed to the credit of the fund for improvements and repairs, and applied expressly to those purposes.

Appropriation

of insane

$1500.

Officers and

31. The superintendent and physician and his associates and employes are exempt from militia service, from liability to work on any public road or highway, and from serving as jurors.

others exempt

from certain duties.

1501.

to be kept re

32. The monthly board, and the president and trustees, must cause to be kept proper records of all the acts and Reperando e proceedings, and proper books of accounts of all the port made. transactions of the institution; and must, once in each year, cause to be settled and balanced all the accounts and books of their agents and officers, and must fully examine and investigate the acts of all subordinate agents and officers, and must cause to be made out, and by the first day of December, annually, file in the office of the secretary of state, a full and detailed report of the situation and operations of the institution, and of all moneys paid and received, with such remarks as they may think proper to make, for the information of the governor, who must cause the same to be submitted to the general assembly at each session.

33. The governor, judges of the supreme court, and members of the general assembly, are ex-officio visitors: of the insane hospital.

§ 1502. Visitors.

34. No public highway is allowed on the grounds of the

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ARIZONA TERRITORY.

1. Examination of insane, physicians'

certificate.

2. County supervisors to provide for insane; expenses, how borne.

3. Examination of liability for ex

penses.

4. Discharge from confinement. 5. Service of process by sheriff.

6. Contract for support of insane in
California asylum.

7. Counties may commit to asylum.
8. Support; expenses of borne by ter-
ritory.

9. Support, warrants for, how drawn
and paid.

10. Inspection of asylum.
11. Visitor, expenses of.

Compiled
Laws
of 1877.
Act of Feb. 17,

§ 1193

1871. § 1.
Probate
judge to ex-

amine persons
on application

1. The probate judge of any county in this territory, upon the application under oath, setting forth that a person by reason of insanity is dangerous, being at large, shall cause such person to be brought before him for examination, and shall cause to be summoned to appear at such examination two or more witnesses acquainted with the accused at the time of the alleged insanity, who shall be examined on oath as to conversation, manners and general conduct of the accused, upon which such charge of insanity is based, and he shall also cause to appear before him one or more graduates of medi- Physicians. cine, and reputable practitioners thereof, who shall be present at such examination, and who, upon the hearing of the facts detailed by other witnesses, and a personal examination of the accused, shall set forth in a written statement to be made upon oath: First, his or their judgment as to the insanity of the party charged. Second, whether it be dangerous to the accused, or to the person or property of others, by reason of said insanity, that said accused go at large. Third, whether such insanity is, in his or their opinion, likely to prove permanent or only temporary; and upon such hearing and statements as aforesaid, if the proofs shall satisfy the judge before whom such hearing is had that such party is insane, and that by reason of his or her insanity he or she be in danger, if at liberty, of injuring himself or herself, or the person or property of others, he shall, by an order entered of

May order

confinement

of insane person.

record in a book kept for that purpose, direct the confinement

of such person.

§ 1194. Ibid § 2.

Board of supervisors to

provide for insane.

2. The board of supervisors of each county shall provide for the confinement of all insane persons in their respective counties, either in the county jail or in such other manner and place as shall in their judgment be best for the safety of said insane person and of the community, and shall draw their warrants in payment of all proper costs and charges therefor upon the county treasury; and the county treasurer shall pay such warrants out of the general fund as other warrants are paid from said fund; provided, that said insane person shall have no money or property from which said costs and charges may be paid, according to the provisions of this act.

§ 1195.
Ibid § 3.
Probate
judge shall
examine as to

shall be ap

3. The probate judge, at the examination mentioned in section 1 of this act, or at any time thereafter, may cause inquiry to be made into the ability of any insane person committed by him to bear the charges. liability of in- and expenses of his examination, commitment and sane person. maintenance while in custody; and in any case where the insane person is able, by the possession of money or propGuardian erty, to pay such charges, or any portion of them, pointed. such judge shall appoint a guardian for such insane person, who, upon executing such bond as may be required by such judge, shall be authorized to take into his possession and control all the property, real and personal, of such insane person, and may, upon application to the probate judge of the proper county, obtain an order for the sale of such property, whether the same be real or personal, in like manner as such sales are ordered by said courts in cases of deceased persons; provided, that, if such insane person have a family in this territory, no such order of sale shall be had of any property not subject to execution and forced sale. The guardian appointed as herein before mentioned shall pay the costs of the examination, and the expenses of the maintenance of said insane person, from the money and the proceeds of the sale of the property of said insane person, and shall, from time to time, make a report of the expenditures in this behalf to the probate judge, at his order, until all is expended; or should said insane person be discharged, as provided for in section 4,

Duty of guardian.

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then the said guardian shall make final settlement before the probate judge, and shall deliver to the person so discharged all the money and property remaining in his hands as guardian of said insane person.

When re

son.

$1197.

Ibid § 5.

sheriff to

serve all processes.

4. Upon proof to his satisfaction being made that any person confined for insanity is no longer insane, or dan- § 1196. gerous to himself, herself or any other person, the Ibid $4. probate judge may, by order, direct that such in-stored to reasane person be set at liberty, and, upon receipt of a copy of said order, the sheriff shall set such person at liberty. 5. The sheriff shall serve all processes in the above mentioned proceedings, and shall receive the same fees as for similar services in the district court. 6. The governor of this territory is hereby authorized, in person or by such agent as he may appoint for that purpose, to contract, on the part of this ritory, with the authorities of the state of California, or with the proprietors of any hospital in said state, for the proper keeping, treatment and maintenance of the insane of this territory, if, in his judgment, such contract can be made upon reasonable terms, and in such manner as to secure the skilful treatment of such persons.

ter

$1198. 1873. §1. Governor au

Act of Feb. 13,

thorized to

contact for

keeping the insane.

$1199.

Ibid § 2,

amended

7. Whenever such contract shall have been entered into the board of supervisors of the several counties in this territory, may, in their discretion, whenever any person in their respective counties shall have been found insane and ordered to be confined cause such

insane person to be sent by the sheriff or his deputy

to such hospital.

as medis, $1, p.264.

When con

tract is made,

supervisors may send insane to such hospital.

§ 1200.

bid § 3.

Expense of

8. The expense of sending such person to such hospital shall be borne in all cases by the respective counties from which such persons are sent, but their expenses and all charges for their care, treatment and maintenance while at such hospital, as well as expenses incident to their discharge therefrom or death, shall be chargeable to this territory.

maintenance, how paid.

9. The governor shall, from time to time, certify to the territorial auditor the amounts due under such contract as shown by properly verified accounts ren

§ 1201.

Ibid § 4.

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