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insane asylum. In case of disagreement it shall be determined by the council of the prefecture.

Section 4.-General rules, concerning persons placed or retained in insane asylum.

Article 29. Any person placed or retained in an asylum may make, at any time, an application to the court of the place where the asylum is situated, by his guardian, curator, friend, or parent, for release; after necessary investigation, if there is reason for it, the court shall command his immediate dismissal. The persons who have asked for admission, and the procurator of the king, officially, may make the same application. In the case of declared irresponsibility, this demand cannot be made, except by the guardian. The decision shall be rendered, and the requests, judgments, and other acts, which may ensue from applications for removal, shall be duly registered. No requests, and no applications for removal addressed to the judiciary or administrative authority shall be suppressed by the same or by the chiefs and directors of the establishments, without making them liable to punishment according to title 3, below.

Article 30. The chiefs, directors or responsible officers shall not, without being liable to punishment according to article 120, of the Penal Code, retain a person in an insane asylum, after his dismissal has been ordered by the prefect according to article 16, 20, 23, or by the court according to article 29, nor as quoted in article 13 and 14.

Article 31. The administrative or supervising commissioners of public asylums or hospitals shall exercise, with respect to persons there placed, who have no other guardian, provisionary administrative functions. They shall appoint one of their number to exercise them; the administrator thus appointed shall proceed to recover sums due the person placed in the establishment, and to pay his debts; he shall issue bonds for not longer than three years, and may by virtue of a special authority from the president of the civil court, sell the patient's goods and chattels. The accruing sums shall be paid directly into the treasury of the establishment, and shall be employed, for the benefit of the patient. The parents, the husband or wife of patients, and the administrative commissioners or the

procurator of the king, may always have resource to the provisions of the following article (32).

Article 32. On the request of the parents, husband or wife, administrative commissioners, or, officially, of the procurator of the king, the civil court of the domicile may, according to article 497, of the Civil Code, appoint a provisionary administrator for the estate of any patient, who has no other guardian. This appointment shall take place only after deliberation in the family council; and from it there shall be no appeal.

Article 33. The court, upon the request of the provisionary administrator, shall appoint a special attorney to represent at law any patient, who has no other guardian, and who happens to be involved in a suit at the time of his commitment, or against whom legal proceedings have been begun after his commitment.

The court may likewise, in case of urgency, appoint a special attorney to begin a lawsuit for the patient. The provisionary administrator shall in both cases be the special attorney.

Article 34. The regulations of the Civil Code, regarding cases of guardianship, their disability or exclusion, apply also here. The provisionary administrators may, at the same time mortgage the patient's estate by a special or general mortgage. The procurator of the king must, in two weeks, have this mortgage registered: it shall be valid only from the day of registration.

Article 35. Where a provisionary administrator has been appointed, any legal notices to a patient shall be served on this administrator. The legal notices may, according to circumstances, be amended by the courts in accordance with article 173 of the Commercial Code.

Article 36. When there is no provisionary administrator, the president of the court, upon the request of the most interested party, shall appoint a notary to represent the patients who have no other guardian in their legal affairs.

Article 37. All the powers conferred by the preceding articles shall become invalid, as soon as the patient is dismissed from the asylum. The powers conferred by the court according to article 32, shall become invalid after these [three] years, but may be renewed. This disposition shall not be applicable to the provisionary administrators appointed for the care of patients in private asylums.

Article 38. Upon the request of a parent, husband, wife, or friend, and officially of the procurator of the king, the court may appoint beside the provisionary administrator, a curator to any patient, who has no other guardian, who must take care first, that the revenues of the patient be employed to improve his condition, and accelerate his cure; second, that the individual be reinstated in his rights, as soon as his mental condition makes it possible. This curator shall not be chosen from among the presumptive heirs of the patient.

Article 39. The acts of the patient during the time of his confinement in the asylum, may be declared null and void according to article 1304 of the Civil Code.

TITLE III-GENERAL REGULATIONS.

Article 41. Any violations of article 5, 8, 10, 12, 13, 15, 17, 20, 21, 29, committed by the chiefs, directors, or responsible officers of public or private asylums, or, of the physicians employed in the asylums, shall be punished by imprisonment of not less than five days, nor more than one year, and by a fine of not less than fifty, nor more than three thousand francs ($10 to $600).

Article 463 of the Penal Code also applies.

LAW OF DECEMBER 18TH, 1839.

TITLE I-RELATING TO PUBLIC AND PRIVATE INSANE
ASYLUMS.

Article 1. The public asylums shall be administered under the authority of the secretary of the department of the interior and the different prefects, shall be under the surveillance of commissions and managed by responsible directors.

Article 2. These commissioners of surveillance shall consist of five members, appointed by the prefect. They shall be appointed for five years; but every year one member shall be replaced by a new one, so that in five years the whole commission shall consist of new members. The commissioners may be discharged by the minister of the interior only. Every year after the installation of a new member, the commissioners shall appoint a president and secretary.

Article 3. The directors and physician shall be appointed by the secretary of the interior, directly for the first time, and for following vacancies, from at least three candidates presented by the prefects. These vacancies may also be filled by directors or doctors from other asylums. Medical students, attached to the asylums, shall be appointed by the officers of each asylum. The directors and physicians may be discharged only by the minister of the interior.

Article 4. The commissioners appointed in article 1, charged with the general surveillance of the asylums, must give their advice concerning the management of each asylum, and the expenses and income of management.

Article 5. This commission must assemble once a month, but may be called together by the prefect, at any time, that it is necessary. The director, and the chief physician shall assist at the sessions of the commission, but shall have only a consulting voice. The director and chief physician, however, shall leave the session as soon as the commission shall deliberate upon the finances of the asylum, or upon any matter which is to be reported directly to the prefect. The director shall have the interior management of the asylum, and of its expenses and revenues. He shall regulate the admission and dismissal of persons placed in the asylum, according to the conditions required by law. He shall appoint or discharge the subordinate officers of the establishment; but watchmen, nurses and servants shall be subject to the approval of the chief physician, who may demand their dismissal. The prefect shall decide in case of disagreement.

Article 7. The director shall provide exclusively for every thing which concerns the good order of the asylum, within the limits of the regulations of the interior service, subject to the approval of the minister of the interior, as stated in article 7, of the law of June 30, 1838. The director must reside in the asylum.

Article 8. The medical service shall be placed under the control of the chief physician within the limits of the regulations of the interior service mentioned in article 7. The assistant physician, medical students, officers, nurses, and watchmen, so far as the medical services are concerned, are under the authority of the chief physician.

Article 9. The chief physician shall fulfil the obligations, demanded by the law of June 30, 1838, and shall make out all the certificates demanded. These certificates shall not be made out by the assistant physicians, except in the case of the certified disability of the chief physician to attend to them. When both the chief and assistant physician are disabled, the prefect shall be authorized to temporarily provide some one in their place.

Article 10. The chief physician shall reside in the establishment. He may at any time be excused from this obligation, by a special decision of the minister of the interior, provided he shall make daily at least one general visit to the insane confided to his care, and provided his place is supplied by a resident physician.

Article 11. The administrative commissions of the civil hospitals, who have or shall prepare in their buildings, special quarters for the insane, shall elect, subject to the approval of the prefect, a responsible officer, who shall be subject to all the obligations stated in the law of June 30, 1838. As stated in article 7, the interior regulations of the appointments for the insane, provided in hospitals, shall be subject to the approval of the minister of the interior.

Article 12. No appartments for the insane shall be provided in civil hospitals, unless at least fifty patients can be accomodated; concerning the quarters actually existing, where only a small number of insane can be received, their continuance shall be decided upon by the minister of the interior.

Article 13. The minister of the interior may, at any time, authorize, or officially command, the combination of the duties of director and physician in one person.

Article 14. The salaries of the director and physician shall be determined by the minister of the interior.

Article 15. In all of the public asylums where work is used as a curative means, the income from such work shall be used according to the discretion of the officers of the institution.

Article 16. The laws and regulations bearing upon the general administration of hospitals and charitable establishments concerning their money affairs, shall also apply to the public insane asylums, in all respects where they do not disagree with what has been stated in the present law.

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