When com be liable for 42. If the person alleged to be insane shall be discharged and it shall be thought by the court that there were $1637. no grounds for such impression of insanity, then the plainant shall cost shall be paid by the person at whose instance costs. the proceeding was had, and execution may issue for the same. 43. Whenever the court shall receive information that such ward has recovered his reason, he shall immediately § 1652. inquire into the facts, and if he finds that such ward is of sound mind, he shall forthwith discharge charges guarsuch person from care and custody; and the guardian shall immediately settle his accounts and restore to such persons all things remaining in his hands belonging or appertaining to such ward. Recovery of reason by ward, dis dian. 44. All the expenses of taking care of such insane person and the management of his estate, shall be paid out §1633. Expenses, of his estate if it be sufficient, if not, out of the terri- how borne. torial treasury. § 1654. Territory disbursements from any one who is bound 45. In all cases of appropriation out of the territorial treasury for the support and maintenance, treatment, or confinement of any insane person, the amount thereof may be recovered by the territory from any person, who by law is bound to provide for the support and maintenance of such insane person, if there be person. any such ability to pay the same. by law to sup port insane 46. Every probate court shall have power to make orders for the restraint, support and safe keeping of such § 1645. person, for the management of his estate, and the support and maintenance of his family, and education of his children, out of the proceeds of his estate; to set apart and reserve, for the use of such family, all property, real or personal, not necessary to be sold for the payment of debts; and to let, sell or mortgage any part of such estate, real or personal, when necessary for the payment of debts, the maintenance of such insane person or his family, or the education of his children. 47. The father or mother of such insane person shall maintain them at their own charge, if of sufficient ability, § 1655. and if not, then the children, grandchildren, or grandparents, shall, if of sufficient ability, maintain them at their own charge. 48. Every poor person who shall be unable to earn a live § 2697. lihood in consequence of bodily infirmity, idiocy, lunacy or other cause, shall be supported by the father, grandfather, mother, grandmother, children, grandchildren, brothers or sisters of such poor person, if they or either of them be of sufficient ability; and every person who shall fail or refuse to support his or her father, grandfather, mother, grandmother, child, grandchild, sister or brother, when directed by the board of commissioners of the county where such poor person shall be found, whether such relative reside in the county or not, shall forfeit and pay to the county, for the use of the poor of their county, the sum of thirty dollars per month, to be recovered in the name of the county commissioners for the use of the poor as aforesaid, before any justice of the peace, or any court having jurisdiction: provided, that when any person becomes a pauper from intemperance or other bad conduct, he shall not be entitled to any support from any relation except parent and child. § 2262. District courts may commit persons ac 49. The district courts of the territory shall have power to commit to this institution any person, who, having been arraigned for an indictable offense, shall be found by the jury to be insane at the time of such arraignment, and the costs of such commitment shall be paid in the same manner as the costs of a commitment of an insane person out of a probate court. quitted on account of insanity. § 1101. ted on grounds of insanity. 50. When any person indicted for an offense shall, on trial, be acquitted by reason of insanity, the jury, in ant is acquit giving their verdict of not guilty, shall state that it was given 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 community, the court may order him to be committed to prison, or may give him into the care of his friends, if they shall give bonds with surety to the satisfaction of the court, conditioned that he shall be well and securely kept, otherwise he shall be discharged. 2065. To be sent to 51. All persons now imprisoned by order of the district courts of this territory who were found not guilty asylum. of the offense with which they stood charged, in consequence of insanity, and the court deeming it unsafe to the community to discharge them, and so ordered their con finement in prison under the provisions of the statute then in force, [shall] be sent to the asylum provided by the territory for the insane, and there safely kept until cured or otherwise discharged by authority of law. judge, shall make order. keeping, how 52. The district court or judge thereof which had cognizance of and tried the case, is hereby authorized and re- § 2066. quired to make an order requiring the sheriff of the Court or county, where the party is confined, to transport such insane person, without delay, to the said asylum, and the superintendent of said asylum is required to receive such persons in said asylum and care for them as he cares for other insane patients: provided, that in no case shall the Expenses of territory be chargeable for the transportation and paid. keeping of such insane persons when such insane persons may have sufficient property, real or personal, to defray the expense of said transportation and keeping at the asylum; but if such insane persons are not able to pay the expense of such transportation, then such expense shall be paid by the territory in the same manner as is usually paid for the transportation of insane persons. WEST VIRGINIA. GOVERNMENT OF ASYLUM. 1. Asylum continued, title, board of directors. 2. Powers of directors. 3. Board of directors, appointment, term of office. 4. Treasurer, duties, bond. 5. Reports of directors. 6. President of board. 7. Superintendent and other officers. 8. Fiscal year, accounts. 9. Semi-annual accounts. 10. Term of office of directors, compensation. 11. Removal of directors. 12. Vacancies, how filled. 13. Directors not to be interested in contracts. 14. Neglect of official duty, penalty. ADMISSION AND DISCHARGE. 15. Investigation of insanity, interrogatories, commitment. 16. Proceedings on investigation. 17. Interrogatories, statement of justice. 18. Duty of committing officer. 19. Transfer to asylum, expenses. 20. Admission to asylum. 21. Refusal to admit, return of patient. 22. Non-residents, temporary confinement, return to friends. 23. Non-residents, when admitted. 24. Insane of naval service to give place to residents. 25. Idiots to be returned to county, expenses of removal. 26. Discharge to friends, criminals excepted; harmless incurables. 27. Delivery of patient to sheriff by surety. 28. Escape, recommitment. 29. Discharge on recovery, certificate. 30. Legal settlement defined. 31. Support of insane, by whom paid. 32. Lunatics confined in jail, disposition of, by court. 33. Transfer to asylum, expenses, commitment. 34. Fees of committing officers. 35. Duty of committing officer, penalty. 36. Support of insane in jail, allowance to jailer. 37. Further allowance, for nurses and physicians. 38. Appointment of committee. 39. Investigation of insanity, committee appointed. 40. Non-resident, like proceedings. 41. Bond of committee. 42. Powers and duties of committee. 43. Real estate of patient, when sold, petition. 44. Petition referred to commissioner NOTE.-Chapters 54, 55, 99, 108 and 114 of the Revised Statutes of 1879 correspond with chapters 158, 159, 14, 13 and 58 respectively of the code. ch. 108, § 1. utes of 1879, 1. The West Virginia hospital for the insane, established at the town of Weston, in the county of Lewis, shall Revised Statcontinue under the management of the present board of directors and their successors in office, who shall continue a body corporate by the name of the corporate. "West Virginia Hospital for the Insane." fo insane, a body bid § 2. Power of 2. By that name the board of directors may sue and be sued, and have a common seal, and continue to have charge of the hospital and of any real or personal estate heretofore or hereafter given or conveyed to it or to themselves for its use. directors. Ibid § 3, as amended 152, ch. 67. Board of di nine memappointed. vacancies, rectors to consist of bers. How terms of office, quorum. 3. The board of directors shall be composed of nine members. The governor shall nominate and by and with the advice and consent of the senate appoint said directors, whose term shall expire on the first day of February, one thousand eight hundred and eighty-three, and in the month of January, one thousand eight hundred and eighty-three, the governor shall nominate, and by and with the advice and consent of the senate, appoint nine directors for said hospital, but said directors shall be divided into three classes, equal in number. The terms of office of the directors so appointed in the month of January, one thousand eight hundred and eighty-three, shall commence on the first day of February one thousand eight hundred and eighty-three, and the terms of those in the first class shall be two years, those in the second class four years and those in the third class six years. In the month of January, in the year one thousand eight hundred and eighty-five, and every second year thereafter, the governor shall nominate and by and with the advice and consent of the senate, appoint three directors instead of the class whose terms expire in such year, and the terms of such three directors shall commence on the first day of February, in the year of their appointment, and continue six years. The governor may in like manner fill any vacancies that may occur in the board, and any one appointed a director by him during the recess of the senate, shall be a director until the next session of the senate thereafter. Not more than one director in each class shall be appointed from the county of Lewis, and not more than one director in the board shall be appointed from any |
