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GOVERNMENT OF STATE ASYLUM. 1. Government vested in board of
managers. 2. Managers may hold property in
trust. 3. Managers, general control, pur
chases, rules and regulations. 4. Superintendent and officers, ap
appointment, residence. 5. Duties of officers prescribed by
managers, removal. 6. Salaries paid quarterly. 7. Treasurer, residence, bond, duties,
penalties for neglect. 8. Warrants for support, how drawn
and paid. 9. Actions for asylum, how brought. 10. Compensation for attorney in suit
for asylum. 11. Superintendent's qualifications; not
to engage in private practice,
oath of office. 12. Superintendent to control employes,
employ assistants, receive and
discharge patients. 13. Exemption of officers from jury
and road service. 14. Official seal of asylum. 15. Managers, records and reports. 16. Inspection of asylum. 17. By-Laws to remain in force until
altered according to law. 18. Appropriations for erecting addi
STATE ASYLUM, NO. 2. 19. Location and title. 20. Board of managers, organization;
powers to construct buildings. 21. Term of office, oath, contracts. 22. Vacancies how filled. 23. Penalties for appropriating proper
ties of asylum. 24. Powers and duties of manager sim
ilar to those of state asylum.
ADMISSION AND DISCHARGE. 25. Patients, admission and discharge
of, by superintendent. 26. Private patients may be admitted
27. Application and certificate, con
tents; private patient, charges
and bond for support. 28. Application, form of. 29. Physician's certificate, form of. 30. Bond of private patients, form of. 31. Private patients to be supplied with
clothing. 32. Indigent insane, commitment by
county courts, all expenses borne by counties, money for, how
raised. 33. Admitted patients supplied with
clothing, list of. 34. Preferences for admission. 35. Warrant of commitment filed with
superintendent. 36. History of case sent with each pa
tient. 37. Clothing supplied at expense of
county, 38. Accounts of sums due forwarded to
county courts. 39. Regulations for admission, state
ment filed with county clerk. 40. Subpæna of witnesses. 41. Examination of witnesses; jury in
discretion of court. 42. Order of court; copy filed with
superintendent, 43. Fact of dangerous insanity to be
set forth in statement. 44. Warrant of commitment, form of;
superintendent's receipt. 45. Warrant directed to relations at
their request. 46. Indigent patients to be clad, ex
penses of borne by counties. 47. Certificate of indigence filed with
superintendent. 48. Certificate of ability for support
filed with superintendent. 49. Discharge, notice of to county clerk;
warrant for, form of; penalty for
neglect to execute. 50. Court clerk, on neglect of duties
to be removed from office. 51. Fees for commitment to be paid by
county. 52. Definition of terms.
53. Indigent insane, when supported by
the state. 54. Escape, proceedings upon. EXAMINATION FOR APPOINTMENT OF
GUARDIAN. 55. Investigation of insanity on infor
mation. 56. Special term of court may be held
in vacation. 57. Notice to defendant; appearance in
discretion of court. 58. Application of county officers. 59. Ou finding of insanity, guardian to
be appointed. 60. Costs of proceedings, how paid, on
finding of insanity. 61. Costs of proceedings, how paid, on
discharge of defendant. 62. New trial in discretion of court,
verdict of second jury final. 63. Guardian to have custody and care
of insane. 64. Support to be awarded out of estate. 65. When dangerously insane to be
commited to asylum by guardian.
66. On neglect of guardian, comm't
ment by court.
out of estate.
dict of acquittal. 72. Commitment to asylum, temporary
confinement in jail; expenses. 73. Indigent criminal insane, examina
tion, commitment. 74. Temporary confinement pending
removal. 75. Insane convicts, examination, sus
pension of sentence, transfer. 76. Insane before trial, suspension of
proceedings, jury trial of insanity. 77. Finding of jury, warrant of com
mitment. 78. On recovery, remanded to custody. 79. Resumption of proceedings on find
ing of sanity.
Rey. Stat. of 1879, $4102. Government
1. The government of the state lunatic asylum* shall be under the control and direction of a board of man- R agers, to consist of nine members, three of whom shall be competent physicians. They shall be ap- of asylu pointed upon the nomination of the governor, by and with the advice and consent of the senate, and shall hold their offices for four years, and until their successors be duly appointed and qualified. The persons appointed managers shall be notified of their appointment by the secretary of state. When vacancies happen in the recess of the senate, they shall be filled by appointments of the governor; and the person so appointed shall serve until the meeting of the general assembly next succeeding their appointment, and until their successors be duly appointed and qualified. The persons appointed managers shall, before entering upon the duties of their office, severally take the oath prescribed in the constitution, and an oath or affirmation faithfully to discharge their duties as such managers, and to obey all laws in force relative to said asylum.
2. The managers may take and hold, in trust for the state, to the use of the asylum, any lands conveyed or de- $ 4103. vised, and any money or other personal property be held, how.
* At Fulton.
given or bequeathed, to be applied to the benefit of the asylum.
3. The managers are invested with the general control and 3 4104... direction of the property and affairs of the instituproperty. tion, with power to direct such purchases as, under the advice of the superintendent, may be deemed necessary for the restoration of the insane. They shall prescribe rules, regulations and by-laws for the government, discipline and management of the asylum, and shall conduct its concerns agreeably to the requirements of law, and the rules, regulations and by-laws of the asylum.
4. The managers shall have authority to appoint a super$ 4105. .. intendent, assistant physicians, treasurer, steward of oficers and matron, all of whom, except the treasurer shall constantly reside in the asylum, and be designated the resident officers thereof. 5. The managers shall, in their rules, regulations and by
laws, prescribe the duties of the respective officers, derty of noftral and fix the term thereof. They may, at their pleasure
te remove from office any officer of the asylum, save the superintendent; and they may remove the superintendent for incompetency, wilful neglect, or refusal to discharge any of his duties, or for any other misconduct which might render it unfit for him to remain in his office.
6. The managers shall determine the annual salaries of the $ 4107., treasurer and of said resident officers, subject to the officers, how approval of the governor and state auditor. Such and paid. salaries shall be paid quarter-yearly to the said officers, by the treasurer of the state, upon the warrants of the state auditor, out of any appropriations made for the payment of civil officers of government, on the requisitions of the board of managers, or any two of the members thereof. 7. The treasurer of the asylum shall reside in the town of Ful
e ton, Callaway county, and give bond for the faithtreasurer. ful performance of his trust, in such sum and with such securities as shall be approved by the governor and state auditor. He shall have the custody of all moneys, notes and other obligations and securities belonging to the asylum; and out of said moneys shall make payments on such warrants or orders as may be prescribed in the by-laws of the asylum. For
$ 4108. Duties of
any misfeasance, malfeasance or nonfeasance, he and his securities shall be liable, and be prosecuted therefor by direction of the board of managers.
8. For the future support of said asylum, for the payment of its debts, the advancement of its interests and the $ 41 humane objects contemplated by its establishment, appropriathe appropriations made shall be payable out of the dra treasury, semi-annually, on the first days of March and September in each year; and it shall be the duty of the state auditor, on the requisition of the board of managers, to issue his warrant on the state treasurer, in favor of the treasurer of said institution, for the amount of each semi-annual payment, as the same shall become due and payable.
9. For all debts and demands whatsoever due the asylum, and all damages for failure of contract, and for tres- 841 pass and other wrongs to the asylum or any property debt, now thereof, real or personal, actions may be maintained, mainta in the name of the "treasurer of the state lunatic asylum." Interest shall be recovered on any and all sums due the asylum from the time when the cause of action shall have accrued. In any action for an indebtedness, or for damages due the asylum on account of any patient, the account therefor, officially certified by the superintendent, shall be prima facie evidence of the amount due; and the impression of the official seal of the superintendent to a certificate or account, to which the signature of the superintendent is annexed, shall be prima facie evidence that such signature is the handwriting of the superintendent.
10. Upon the rendition of judgment in any suit instituted in behalf of the asylum, the magistrate, judge or $ 4149. court before whom such suit shall be tried, shall fees, etc. assess and tax as costs, to be paid as other costs in such cases, a reasonable attorney's fee in favor of the attorney in behalf of the asylum, and which shall be in full compensation for his services in such suit.
11. The superintendent shall be a physician of knowledge, skill and ability in his profession, and of experience si in the management and treatment of the insane; et, duties he shall not, while such superintendent, engage in the practice of his profession, but shall, to the exclusion of all other busi
ness, devote himself to the supervision and care of the asylum and its inmates. Before entering on the duties of his office, he shall take an oath or affirmation that he will diligently, faithfully and impartially discharge all the duties required of him by law. 12. The superintendent shall be the chief executive officer
of the asylum, and shall have the care and control tive officer, of everything connected therewith; he shall see that
- the several officers of the asylum faithfully and diligently discharge their respective duties; he shall employ such nurses, attendants, servants and other persons as he may think proper, and assign to them their duties, and may, at pleasure, discharge them; he shall receive such patients as shall be entitled to admission into the asylum, and discharge them therefrom: provided, that he shall at all times exercise the powers and perform the duties herein mentioned according to the rules and by-law of the asylum.
13. All persons employed in the asylum, while so employed, $ 1114. shall be exempt from serving on juries and workEmplorem, ex. ing on roads and highways, but not from paying
dudes any property or road tax; and the certificate of the superintendent, under his official seal, shall be sufficient evidence of such employment.
14. The superintendent shall keep, at all times, for the in115. stitution, an official seal, upon which shall be in
supt. scribed the words “State Lunatic Asylum." 15. The board of managers shall keep a full and correct
account of their proceedings, in books to be provided nt, for that purpose; the officers of the asylum shall
make reports to the board as it may, from time to time, require; the managers, at their annual meeting next preceding the meeting of the general assembly, shall make a full report to that body, accompanied by biennial reports of the superintendent and treasurer.
16. Two of the managers shall, together, visit the asylum 8,4117... monthly; a majority of them together, quarterly; managers. and all the managers shall, together, make one visit during the year. The annual meeting of the board shall be held on the last Monday in November of each year.
17. All rules, regulations, and by-laws now in force for the
empt from certain duties.
$ 4116. Managers to keep account, etc.