(9) Together with whatever else may be deemed material towards enabling the superintendent of the asylum to understand the case. Which statement or a copy, shall be sent with the record to the asylum, if the lunatic is sent. Ibid § 17. Costs when lunatic is sent 52. Neither the county nor any relative of a lunatic shall be chargeable with the cost of his detention for one year in the asylum, if he be delivered there within six months after the first attack of his lunacy; nor shall a relative, in such case, be chargeable with the cost of his transportation.* to asylum within first six months. Ibid § 18. attack to be 53. The court shall ascertain and certify as part of the order for the confinement of a lunatic in the asylum, the Date of first date of his first attack of lunacy, when it is intended to obtain the benefit of the above provision; but before it is allowed, the fact shall also be ascertained, upon proper proof, and certified by the circuit judge of the district. certified. Ibid $19. When the ficate cannot be obtained. Ibid § 20. Allowance for transporta tion. 54. If the certificate of the circuit judge cannot be obtained until after the commitment, the treasurer of the judge's certi asylum shall, upon its production, refund the cost of transportation to any relative paying the same. 55. The officer carrying a pauper lunatic or idiot, to either asylum or the feeble-minded institute, shall be paid by the treasurer thereof [six cents] per mile for himself and each guard, going and returning, besides tolls and ferriages, and the same for the lunatic in going and in returning, if the person has been denied admittance or not received for want of room. But there shall be no charge for more than two guards, and only for one unless the officer ordering such person to the asylum authorizes two. If transportation, in whole, or in part could have been had by stage, steamboat or railway for less cost, no more than what ought to have been the actual cost shall be allowed.† 56. No officer shall be allowed for carrying an insane person who is a pauper to a lunatic asylum, unless he first to be made un- apply by letter to the superintendent thereof, and Ibid § 21. less applica tion first made ascertain that the patient can be received, and that he cannot be sent for by the officers of the asylum. to superinBut where the safety of the lunatic or others seem tendent. to require it, the court may order the patient to be carried to the asylum immediately, without his being sent for.* 57. The superintendent, immediately upon notice that a person has been ordered into confinement at the Ibid § 22. asy- Superintendlum, shall cause him to be brought, and pay the ent to cause expenses of transportation. patients to be brought to the asylum. into any Ibid § 23. Peaty of in troducing pauper idiots or 58. Whoever shall bring or cause to be brought county or city of this commonwealth, from another state or county, any pauper idiot or lunatic, with the intent to make him a charge upon such county or city, or this commonwealth, shall be fined one hundred dollars, besides being liable at the suit of the county or city for all damages incurred thereby, besides the cost of transportation, and imprisoned not more than three months. naties fraudulently. 59. No person not otherwise insane shall be sent to an asylum merely because he is subject to epileptic fits, or Ibid § 24. thereby rendered helpless. Epileptic fits. Court may or tate of a luna 60. If the estate of a lunatic, or person adjudged to be incapable of managing his estate, be not sufficient to pay Ibid § 25. his debts, the same may, by a circuit or chancery der sale of escourt, be ordered to be sold, and proceeds distributed tic or imbecile. and estate settled as prescribed by law for the settlement of the estate of insolvent decedents. Criminal $156. Code, 1876, How question sanity tried. of defendant's 61. If the court shall be of opinion that there are reasonable grounds to believe that the defendant is insane, all Bullitt's proceedings in the trial shall be postponed until a jury be empaneled to inquire whether defendant is of unsound mind, and if the jury find that he is of unsound mind, the court shall direct that he be kept in prison or conveyed by the sheriff to the nearest lunatic asylum, and there kept in custody by the officers thereof until he be restored, when he shall be returned to the sheriff on demand, to be reconveyed by him to the jail of the county. 62. If the defense be the insanity of the defendant, the jury must be instructed, if they acquit him on that $268. ground, to state the fact in their verdict, and there- if defendant * Amended by act of 1876; sce pl. 25 and 33 supra. Proceedings acquitted on insanity. the ground of upon if the court, after hearing any testimony offered by the commonwealth or the defendant, be satisfied that he is insane at the time the verdict is rendered, it may order him to be taken to a lunatic asylum. $ 287. should not be 63. He may show for cause against the judgment any sufficient ground for a new trial, or for arrest of judgment; he may also show that he is insane. If the why judgm'nt court be of opinion that there is reasonable ground pronounced. for believing he is insane, the question of his insanity shall be determined by a jury of twelve qualified jurors, to be summoned and empaneled as directed by the court. If the jury do not find him insane, judgment shall be pronounced. If they find him insane, he must be kept in confinement, either in the county jail or lunatic asylum, until, in the opinion of the court, he become sane, when judgment shall be pronounced. § 296. to proceed if there are lieve that de fendant is insane. 64. If the sheriff be satisfied that there are reasonable grounds for believing that the defendant is insane How sheriff he may summon a jury of twelve persons on the grounds, to be jury list, drawn by the clerk, who shall be sworn by the sheriff well and truly to inquire into the insanity of the defendant, and a true inquisition return; they shall examine the defendant and hear any evidence that may be presented; and by a written inquisition, signed by each of them, find as to the insanity. Unless the inquisition find the defendant insane, the sheriff shall not suspend the execution; but if the inquisition find the defendant insane he shall suspend the execution, and immediately transmit the inquisition to the governor. LOUISIANA. GOVERNMENT OF ASYLUMS. 1. Establishment of asylum, title. 5. Superintendent and subordinate 6. Inspection of asylums, weekly; accounts of receipts and expenditures, statistics, and reports. 7. Treasurer to act as secretary, powers and duties, salary. 8. Vacancies, when occurring, how filled; special meetings. 9. Unlawful entry on premises, or annoyance; penalties for. 10. Abduction from asylum, penalty. 1. There shall be established in the town of Jackson, parish of East Feliciana, an asylum for the insane, to R. S. of 1876, be called the "Insane Asylum of the State of Asylum created. Louisiana." § 1760. 1781. ministrators appointed by Board of ad the governor four years. for the term of 2. The governor of the state shall, by and with the advice. and consent of the senate, appoint six persons, who shall constitute a board of administrators of the state hospital for the insane, one of whom shall be elected president by the members of the board. The board shall remain in office four years, and they shall continue to exercise the duties of their office until their successors are qualified, and shall be removed and vacancies filled Vacancies by the same power and in the same manner as provided for in their appointment. Members to compose the board shall be selected as follows: One from the parish of East Feliciana, one from the parish of West Feliciana, and four 18 how filled. from the parish of Orleans. The members selected from the parishes of East Feliciana and West Feliciana shall constitute an executive committee, who shall visit the institution at frequent stated intervals, not less than semi-monthly, and report its condition and management to the president of the board.* 3. The president and any three of the members shall form a quorum, and in the absence of the president any four of said members shall choose one from among themselves to act as president pro tem., and the board shall meet as often as the president may deem necessary or the condition of the institution may require. Vacancies in the board shall be filled in the same manner as herein before prescribed. § 1762. What shall form a quorum. § 1763. board of ad 4. The board shall have power to make all rules and regulations for their own government, not contrary to Powers of the law; to make all necessary contracts; provided, howministrators. ever, that no member of said board shall in any manner be connected with the taking of such contracts, and they shall further have the right to accept any donation or legacy in the name of the asylum and for its use, to sue and be sued, plead and be impleaded, in all actions appertaining to the asylum. § 1764. Officers to be board of ad 5. The board shall elect the superintendent, who shall be the chief physician and the executive officer of the elected by the institution, and shall with his family reside on the ministrators. premises, and is forbidden to practice his profession beyond its limits. He shall serve during good behavior, and can be removed only by the board of administrators for cause. The superintendent shall name to the board suitable persons to act as assistant physician or physicians, where more than one is required; steward and matron, who shall be removed by the board on the recommendation of the superintendent. The salaries of all the above mentioned officers shall be determined by the board. 6. At every regular meeting, the board shall appoint two of its members, whose duty it shall be to visit said be appointed asylum at least once a week, for the purpose of ascer $1765 Committee to * Placita 2, 3 and 5 are amended by act of 1874, No. 50, which does not appear in the code. |
