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Restored convicts returned or discharged.

Convict in.

piration of his

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.

28. A convict to the penitentiary, sent to the insane hospital, must, upon his restoration to sanity before the expi- s 14 ration of his term of imprisonment, be returned to the penitentiary, or discharged, as the governor may order.

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 imprison- sane at the exment, 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.

31. The superintendent and physician and his associates and employes are exempt from militia service, from $1.500. liability to work on any public road or highway, others exempt and from serving as jurors.


of insane

Officers and


6 1501. Record to be kept and report made.

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32. The monthly board, and the president and trustees, must

cause to be kept proper records of all the acts and O proceedings, and proper books of accounts of all the

: 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 mem

bers of the general assembly, are ex-officio visitors

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

insane asylum.


$ 1502. Visitors,

$ 1503. Roads.


1. Examination of insane, physicians' | 6. Contract for support of insane in certificate.

California asylum. 2. County supervisors to provide for 7. Counties may commit to asylum.

insane; expenses, how borne. 8. Support; expenses of borne by ter3. Examination of liability for ex

ritory. penses.

9. Support, warrants for, how drawn 4. Discharge from confinement.

and paid. 5. Service of process by sheriff.

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

1. The probate judge of any county in this territory, upon the application under oath, setting forth that a per- c son by reason of insanity is dangerous, being at large, shall cause such person to be brought before as him for examination, and shall cause to be sum- Probate moned to appear at such examination two or more amine persons witnesses acquainted with the accused at the time of on applic 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 May order 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

Compiled Laws of 1877. $ 1193 Act of Feb, 17, 1871. 1.

confinement of insane person.

Ibid $2.
Board of su-


Ibid $ 3.


sane person.

record in a book kept for that purpose, direct the confinement of such person.

2. The board of supervisors of each county shall provide for $ 1194. the confinement of all insane persons in their re

spective counties, either in the county jail or in such pervisors to 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.

3. The probate judge, at the examination mentioned in sec$ 1195. tion 1 of this act, or at any time thereafter, may

. cause inquiry to be made into the ability of any injudge shall sane person committed by him to bear the charges liability of it and expenses of his examination, commitment and

erson. 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 quar. as hereinbefore 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,

shall be ap

Duty of g dian.


8 1196.
Ibid $ 4.

When restored to rea

Ibid $5.

serve all pro.

Act of Feb. 13,

Governor authorized to contract for keeping the

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.

4. Upon proof to his satisfaction being made that any person confined for insanity is no longer insane, or dan- 61 gerous to himself, herself or any other person, the " probate judge may, by order, direct that such in- ste sane person be set at liberty, and, upon receipt of a son. copy of said order, the sheriff shall set such person at liberty.

5. The sheriff shall serve all processes in the $ 1197. above mentioned proceedings, and shall receive the sheriff to same fees as for similar services in the district court. cesses.

6. The governor of this territory is hereby authorized, in person or by such agent as he may appoint for $1198. that purpose, to contract, on the part of this ter- 1873. & 1. 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 insane 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.

7. Whenever such contract shall have been entered into the board of supervisors of the several counties in this 1,1199 territory, may, in their discretion, whenever any as anended 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.

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 ibid § 3. all charges for their care, treatment and mainten

Expense of ance while at such hospital, as well as expenses in- how cident to their discharge therefrom or death, shall be chargeable to this territory.

9. The governor shall, from time to time, certify to the territorial auditor the amounts due under such con- $ 120 tract as shown by properly verified accounts ren- ibid § 4.

Ibid $ 2,

by act of 1883, $1, p.264. When con tract is made, supervisors may send insane to such hospital.


maintenance, how paid.


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