made, the treasurer of said asylum shall refund to the natural or legally constituted guardian of said insane person, an amount proportional to the unexpired time, for which such payment had been made, provided that indigent persons who are not able to pay, or who have no estate out of which to pay such expenses, shall have preference over those who have such estate. Ibid § 13. Degrees of insanity. 29. All persons found to be insane, for whom application for admission to the state lunatic asylum shall be made in compliance with the provisions of this acf, shall be classified as "acute," "chronic" or "probably incurable," such classification to be determined by the duration of the disease, and such complications as are known to render recovery doubtful, if not impossible. All cases of less than one year's duration, from first recognized symptoms of insanity, shall be classified as "acute;" all cases over one year's, shall be classified as "chronic;" and all cases complicated with epilepsy, original imbecility or feeble-mindedness, deformities of skull from injuries, old age, or general paralysis, shall be classified as "probably incurable;" and a reasonable discrimination shall be made by the authorities in charge of the asylum in the admission of insane persons, in favor of, first, "the acute," second, "the chronic," third, "the probably incurable," provided, that no person of either classification shall be refused admission, as long as there is unoccupied room for patients in the asylum. But no idiot, nor congenital imbecile, nor epileptic person, not otherwise insane, shall be admitted or retained in said asylum, after the fact of such condition becomes apparent to the superintendent, under any circumstances. 30. Whenever application is made for the admission of an insane person, according to law, and there is, at the time, no unoccupied or available room in the asylum, if it shall appear from the history of the case preorder to make sented, that it is "acute" and uncomplicated, the superintendent shall, as soon as practicable, make room for the admission of such patient, by discharging some one inmate belonging to the "probably incurable" class, if such there be in the asylum, or one belonging to the "chronic" class, if there be no one dischargeable from the third class; but in making such selection for discharge, the superintendent shall Ibid § 14. Power of superinten dent to discharge in room. No appeal discriminate and discharge such an one as may have been longest in the asylum, if not violent or dangerous to the community, or such an one as may be the least dangerous to the community, or whose discharge will effect the least public inconvenience or costs; and no appeal shall be had from the decision of the superintendent of the asylum in matters of admission and discharge of inmates, except to the board of trustees of the asylum, who may direct the superintendent to admit or discharge any person under any circumstances not involving a violation of the law. from superincision, except tendent's de to trustees. Ibid § 15. of discharge. 31. When, by reason of recovery, or necessity for the benefit of an insane person of the "acute" class, the superintendent of the state lunatic asylum thinks proper Form of notice to discharge any inmate of the asylum, he shall send an official notice to the county and probate judge of the county from which such inmate was committed, by mail, which shall be substantially as follows: "State Lunatic Asylum, Little Rock, Ark., To the county and probate judge of You are hereby notified that asylum, who was admitted from 188 County: an inmate of this county on day of 188, is this day registered for discharge, (because of recovery, or to make room,or whatever circumstances govern the case,) and you are requested to cause his (or her) immediate removal. The sheriff will, or not, need the assistance of persons for his (or her) safe return to your county. Ibid § 16. judge when notice of dis Duties of charge is 32. The county and probate judge of any county in the state of Arkansas, who may receive official notice from the superintendent of the state lunatic asylum, that an inmate from the county of which he is county and probate judge has been registered for given. discharge, and a request to cause the removal of such inmate, shall forthwith issue a warrant or order to the sheriff, or a suitable person whom he may deputize to perform the service, commanding him to remove such inmate without delay, and authorizing him to employ such assistance as the superintendent's notice may indicate, if any. The said county and probate judge shall, at the same time, notify the guardian, family or immediate relatives of the person so discharged from the asylum (if he or she have any) of such discharge, and the sheriff, or person deputized, as hereinbefore indicated, shall deliver the person so discharged to his (or her) guardian or home, if he (or she) have such guardian or home, still in the county, or to such party and place in the county as may be provided for the further custody and maintainance of the person so discharged, if he (or she) be not recovered and capable of taking care of himself (or herself); and shall make due return of his warrant when executed; provided, that nothing herein specified shall prevent an inmate of the lunatic asylum, who may have recovered his (or her) reason, from being unofficially removed from the asylum by consent of the superintendent, or any person being removed by their friends with the consent of the superintendent, or by direction of the board of trustees of said asylum. But notice of such removal shall be sent at once to the county and probate judge of the county from which such person so removed was committed. 33. Any sheriff or deputized person, who may be commis Ibid § 17. Duties of sheriff on sioned to transfer and deliver a person declared insane, to the state lunatic asylum, from any county in the state of Arkansas, shall, before delivering such person to the superintendent of said asylum, see that the person so to be delivered, is provided with sufficient and suitable clothing, which shall consist of not less than two shirts, two pairs drawers, two pairs socks, one pair shoes, one pair pants, one vest and one coat, for men; two chemises, two skirts, two waists, two pairs drawers, two pairs stockings, two dresses, one shawl and one bonnet, for women, which shall be clean and in good order, as good as new; or, if more convenient, the sheriff may deposit with the superintendent sufficient funds to enable the asylum to furnish any deficiency found to exist in the supply of clothing brought with the person, because of quantity or quality of same, the amount of which deposit the superintendent shall endorse upon the sheriff's warrant as received. 34. Each county in the state of Arkansas shall be chargeable for all expenses of commitment, delivery to and able to removal from the state lunatic asylum, of persons resident of the respective counties, and shall reim Ibid $ 18. counties. . Ibid § 19. Penalty for burse the sheriff for money deposited with the superintendent for deficiencies of clothing of patients, in accordance with law. 35. If any person or persons shall, in anywise, attempt to introduce any person into this institution contrary to the provisions of this act, such person or persons shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than fifty (50) nor more than three hundred (300) dollars. attempt to incontrary to act. troduce insane Counties to be 36. For the purpose of more fully carrying out the provisions of this act, it shall be the duty of the superin- bid $ 20 tendent of the asylum, as soon as the building is apportioned. ready to receive patients, to apportion to each county the number of patients it will be entitled to take in as the terms of the proportion: the number of inhabitants in the state, the number in the county, and the number of patients the institution will accommodate, the last census taken by the United States to be the basis as to number of inhabitants. He shall immediately notify the county judge of each county of the number of patients the county is entitled to, and in all cases each county shall be entitled to the number apportioned to it, to the exclusion of any other patients. $ 320, amended by 37. Immediately after the appointment by the court of any guardian for a lunatic or insane person, such guardian shall take steps to have the person thus placed in his charge admitted into said asylum. * * [See supra, pl. 28.] ** * act of 1883. No. 19, § 10. Guardiansduties of. 38. In case the friends or relations of any lunatic shall neg lect or refuse to place him in said asylum, and shall permit him to go at large, it shall be the duty of the $324. Commitment of lunatic large. going at circuit court sitting in any county in which such lunatic may reside or be found going at large, on the suggestion in writing of any citizen of the county, to direct the sheriff, by writ of lunacy, to summon, as soon as may be, twelve discreet persons of the county in which such lunatic is going at large, to make inquisition thereto on oath, and the result of such inquisition to return to said court forthwith; and if the person said to be a lunatic shall be adjudged by such inquest, or by a majority of them, to be insane, the said court shall order the sheriff to arrest said lunatic and place him in said asylum; and in all cases where an insane person shall be placed in said asylum by the voluntary act of his friends or relations, or by the provisions of this act, if the said insane person shall be possessed of or entitled to an estate, the same shall be chargeable with all expenses of convicting him of lunacy, as well as the expenses of taking care of said lunatic in said asylum. [How far supplied by pl. 20 supra ?] § 325. Indigent insane. 39. Any person being a lunatic and a resident of this state, and having or owning no estate wherewith to pay his expenses, shall be admitted in the asylum free of charge. When a certificate of some judge or justice of the peace is produced that sufficient proof by affidavit has been made before him that such lunatic has no visible means to defray his expenses, the necessary expenses of removing such lunatic to and from said asylum shall be paid by the treasurer thereof. [How far supplied by pl. 27 supra?]. 40. Insane persons found at large and not in the care of some discreet person, shall be arrested by any peace officer, and taken before a magistrate of the county, city or town in which the arrest is made. § 3535. Insane persons found at large. § 3536. Commitment sons found at large. 41. Such magistrate shall make such orders as may be necessary to keep him in restraint until he can be sent, of insane per- by due process of law, to the lunatic asylum, if there be one in the state; and if such insane person has not friends to whose custody or care the magistrate can commit him, he may order him to be confined in the county or city jail; and shall immediately give notice thereof to the city or county attorney, whose duty it shall be to take the proper proceedings for having the insane person sent to the lunatic asylum. § 3538. 42. In all cases of appropriations, out of the county treasury for the support and maintenance, or confinement of nance recov- any insane person, the amount thereof may be recovered by the county from any person who by law is bound to provide for the support and maintenance of such insane person, if there be any such of ability to pay the ered by County; and from whom. same. § 3539. Duty of relations. 43. The father and mother of poor, impotent or insane persons, shall maintain them at their own charge, if of sufficient ability, and the children and grandchildren of poor, impotent or insane parents or grandparents, shall maintain them at their own charge, if of sufficient ability. |