person, whom it may be desired to have placed in the said asylum, for the prompt and faithful payment of what may be charged for the support, care, and custody of such lunatic, idiot or insane person; and if such friends, guardians or parents do not pay the amounts required by the board of commissioners for the support, care and custody of such lunatic, idiot or insane person, within six months after the same is due, it shall be the duty of said board of commissioners to commence suit upon such bond and any moneys recovered in any such action shall be always applied to the maintenance of indigent lunatics.

Suit on bond.

Act of 1883.

§ 1. p. 64. Fee and mileage.

18. Hereafter any practicing physician who shall be called in by a circuit judge to testify on an investigation as to the lunacy or insanity of an indigent person, who shall be alleged to be a lunatic or insane, shall be paid the sum of five dollars, and ten cents per mile by the state out of the appropriation for the maintenance of indigent lunatics and insane persons; the same shall be audited by the comptroller on the approval of the circuit judge, and paid by the treasurer on the comptroller's warrant.

Ch. 147, § 19.

19. The physician of the state prison shall also be the physician for such asylum, and shall exercise such powers Physicia in the matter of the care of the inmates of such asylum as may be prescribed by said board of commissioners. 20. He shall attend upon all insane convicts, and when, in Ch. 159, § 20. his opinion, it can be done without detriment or danger to the other inmates of the prison, shall direct their removal to the prison hospital and see that they have proper care and exercise.

Insane con

victs.

21. When any person tried for an offense shall be acquitted by the jury by reason of insanity, the jury, in giving their verdict of not guilty, shall state that it was given

Ch. 87, § 20. When

acquitted for

may say 80, and court may arrest.

Insanity jury for such cause; and thereupon, if the discharge or going at large of such insane person shall be considered by the court manifestly dangerous to the peace and safety of the people, the court shall order him to be committed to jail, or otherwise to be cared for as an insane person, or may give him into the care of his friends, on their giving satisfactory security for the proper care and protection of such person; otherwise he shall be discharged.

GEORGIA.

$73.

of trustees of asylum by governor.

1. He (the governor) shall also appoint all the officers of Code of 1882, the following state institutions named in this code, Appointment and laws hereafter enacted amendatory thereof, unless menials, servants, day-laborers, or otherwise required, viz.: **** trustees of the lunatic asylum. 2. The state lunatic asylum at Midway, near Milledgeville, is solely the property of the state, and is under the five trustees. management of [five] trustees [one of whom shall be a competent physician].

§ 1341.

Managed by

§ 1342.

3. Said trustees are biennially appointed by the governor, on the first Monday in December, and in such manTrustees, how appointed. ner that one of the trustees shall be continued in office for a second term, that there may be always one member of the board who has experience in the affairs of the asylum.

§ 1343. Salary of

4. The annual salary of each trustee shall be three hundred dollars in full of all allowances and expenses; and the same may be paid, one-half every six months, upon executive warrant therefor.

trustees.

5. They have authority

§ 1344. Authority of

trustees.

(1) To prescribe all the rules and regulations for the management of the institution, not conflicting with the law.

(2) To appoint all the officers, point out their duties, and fix their salaries.

(3) To create such other offices, and select the incumbents, if in their judgment such is necessary to an efficient adminis

tration.

(4) To remove from office, when the incumbents fail to discharge well their duties, or are guilty of any immoral or unfaithful conduct, and cause to be prosecuted any officer, or other person, who shall assault any inmate of said institution, or use toward such any other or greater violence than the occasion may require.

(5) To hold in trust for said asylum any grant or devise of land, or bequest or donation of money, or other property for the general use of the institution, or the particular use defined.

(6) To visit the institution monthly by at least one of the board, semi-annually by a majority, and annually by all of them, at such time as they may agree upon.

(7) To bring suit in their names for any claims the institution might have, whether arising upon contract or tort.

Officers

6. The officers of the asylum, appointed by the trustees, are a superintendent, an assistant physician, a treasurer, $1345. a steward, assistant steward and matron, whose sal- designated. aries are paid quarterly out of the annual appropriations.

7. The salaries, per annum, of such officers, respectively, are as follows: the superintendent and principal physi- § 1644. cian of the lunatic asylum, $2500.00; the assistant Salaries. physician, $1250.00.

8. The offices of treasurer and steward shall be separate and distinct, and no two offices pertaining to said insti- § 1346. tution, or its government, shall be held by one and

the same person.

Offices to be

separate.

9. The treasurer must give bond and security in the sum of ten thousand dollars.

§ 1347, Treasurer's bond.

Itemized ac

10. It shall be the duty of the steward and treasurer, or either of them, to present to the governor, with each $1348. quarterly application for funds from the treasury, counts. an exact itemized account of his expenditures for the preceding quarter, accompanied with a duplicate voucher for the sums disbursed by him for the said preceding quarters.

Aunual report

11. At the close of each fiscal year, which terminates on the first day of October, the trustees shall make to the § 1349. governor, to be by him laid before the general as- of trustees. sembly, in connection with his annual message, a full report of the condition of the asylum, in all its departments, (embracing the amount of each kind of provisions, drugs, clothing and bedding purchased; of whom purchased, price paid and aggregate cost; number of persons received died and discharged; dates of reception, discharge and death; male and female, pauper and pay patients, and partial pay, if any; and also whether payment was made in clothing, provisions or currency).

present esti

12. It shall be the duty of the trustees to present to the governor, at least ten days before the annual meeting 1350. of the general assembly, an exact estimate of the Trustees shall amount of money required for the support of the mates. said asylum for the succeeding year; and they shall set forth, under separate and distinct heads-a division, to wit; subsist

ence, clothing, fuel and transportation, salaries, wages, medical supplies, ordinary repairs, and special improvements-the several amounts required for each of said departments of expenditure, and the governor shall submit the same to the legislature as data upon which their appropriations may be made for the annual support of said institution; and said appropriations, or so much thereof as may be necessary, shall only be used for the division of expense for which it is estimated for and no portion estimated for each department of expenditure be diverted to or used for any other department of expenditure.

13. The principal officer of said asylum is the superintendSuperintendent. ent, who shall be a skilful physician.

1351.

14. It is his duty

§ 1352. Superintend

(1) To reside constantly on the premises, and deent's duties. vote his professional services exclusively to the use of the asylum, for which purpose he must be furnished with a suitable residence.

(2) To take charge of and exercise control, subject to the trustees, over every department of the institution, and have control over all resident officers, attendants and servants employed therein.

(3) To discharge all duties anyway connected with the restoration to health or sanity of the inmates.

(4) To make an annual report to the trustees, on the first day of October, of all the affairs of the institution under his supervision, and shall account for all his expenditures on vouchers, in the same form as those which are made in accounting for disbursements in the commissary department of the United States.

§ 3939.

Employes exempt

from certain duties.

15. *** All persons employed at the state lunatic asylum shall be exempt from the performance of all jury, patrol, road, and militia duty and from all pains and penalties for the neglect thereof. *** 16. It shall not be lawful for any person to expose for sale, Sale of liquor or to sell, barter or give away alcoholic, vinous or in the asylum fermented liquors of any kind, within a distance of one mile from the state lunatic asylum buildings; and any person who shall sell to, barter with, or give away such liquors aforesaid, to any patient or lawful in

§ 1374 a

prohibited.

Offenders,

punish

ment of.