Same.

cases.

notified shall thereupon inquire and ascertain, if possible, whether the person in question has a legal settlement in their county, and shall immediately notify the superintendent of the Hospital, and the commissioners of the county from which such person was committed, of the result of such inquiry. If the legal settlement of a person so committed cannot for a time be ascertained, and is afterwards found, the notices so required shall then be given.

SEC. 23. When the superintendent of the Hospital has been duly notified, as herein required, that a patient sent to the Hospital from one county has a legal settlement in another county of the State, he shall thereafter hold and treat such patient as from the latter county; and such holding shall apply to expenses already incurred in behalf of such patient, and remaining unadjusted.

SEC. 24. Expenses incurred as herein provided by one Expenses in such County, on account of an insane person whose legal settlement is in another county of the State, shall be refunded, with lawful interest thereon, by the county of such settlement; and shall be presented to the board of supervisors of the county sought to be charged, which shall be allowed and paid the same as other claims.

be supported at

SEC. 25. Patients in the Hospital having no legal What patients to settlement in the State, or whose legal settlement cannot expense of State. be ascertained, shall be supported at the expense of the State. This provision shall apply to all such patients now in the Hospital, touching expenses already incurred and remaining unpaid, if any such there be; and the Trustees may authorize the superintendent to remove any such patient, at the expense of the State, if they see proper.

Removal at do.

Treatment

SEC. 26. All patients in the Hospital shall be regarded and as standing upon an equal footing; and the several care of patients, patients, according to their different conditions of mind and body, and their respective needs, shall be provided for and treated with equal care: Provided, that if the relatives or immediate friends of any patient shall desire Special care, it, and shall pay the expense thereof, such patient may have special care, and may be provided with a special attendant, as may be agreed upon with the superintendent. In such cases, the charges for such special care and attendance shall be paid quarterly in advance.

when, and how paid for.

friends may pay

expenses.

SEC. 27. The relatives or friends of any patient in the Relatives or Hospital shall have the privilege of paying any portion or all of the expenses of such patient therein; and the Superintendent shall cause the account of such patient to be credited with any sums so paid.

cannot be admit

for private pa

SEC. 28. If, in the case of any person[s] found to be in- Provision for pasane and fit subjects for custody and treatment in the Hos- tients when they pital, as above provided, it shall be shown, to the satisfac- ted to Hospital. tion of the commissioners, that they cannot at once be admitted therein, for want of room, or for any other cause, and that they cannot with safety be allowed to go at liberty, the commissioners shall require that such patients shall be suitably provided for, otherwise, until such admission can be had, or until the occasion therefor no longer exists. Such patients may be cared for either as private or as public patients. Those shall be treated as private patients whose relations or friends will obligate themselves to take care of and provide for them, without public charge. In the case of any one treated as a private patient, the com- Special custodian missioners shall appoint some suitable person a special tient. custodian, who shall have authority, and whose duty it shall be, in all suitable ways to restrain, protect, and care for such patient, in such manner as to best secure his or her safety and comfort, and in such manner as to best protect the persons and property of others. In the case of pub- Public patients. lic patients, the commissioners shall require that they be, in like manner restrained, protected, and cared for, by the directors of the poor-house, or the overseers of the poor, at the expense of the county, and they may accordingly issue their warrant to such directors or overseers, who shall forthwith comply with the same. If there is no poorhouse for the reception of such patients, or if no more suitable place can be found, they may be confined in the jail of the county in charge of the sheriff.

to Hospital is not

SEC. 29. On application to the commissioners in be- When admission half of persons alleged to be insane, and whose admission sought. to the Hospital is not sought, made substantially in the manner above prescribed, and asking that provision be made for their care as insane-either public or privatewithin the county, and on proof of their insanity, and need of care as above pointed out, the commissioners may provide for their restraint, protection, and care, as in the case of other applications.

for want of care,

SEC. 30. On information laid before the commissioners Insane suffering of any county that a certain insane person in the county inquiry. is suffering for want of proper care, they shall forthwith inquire into the matter, and, if they find the information well founded, they shall make all needful provision for the care of such persons, as provided in other cases. SEC. 31. No person supposed to be insane shall be re- No strained of his liberty by any other person, otherwise than ty, except, etc.

restraint

without authori

& misdemeanor

in pursuance of authority obtained as herein required, excepting to such extent and for such brief period as may be necessary for the safety of person and property until such authority can be obtained.

SEC. 32. Any person having care of an insane person Cruel treatment and restraining such person, either with or without authoriand cause for ac- ty, who shall treat such person with wanton severity, harshness, or cruelty, or shall in any way abuse such person, shall be guilty of a misdemeanor, besides being liable in an action for damages.

tion.

how admitted to Hospital.

SEC. 33. Insane persons who have been under care, Outside patients, either as public or private patients, outside of the Hospital, by authority of the commissioners of any county, may, on application to that effect, be transferred to the Hospital, whenever they can be admitted thereto, on the warrant of. such commissioners. Such admission may be had without another inquest, at any time within six months after the inquest already had unless the commissioners shall deem further inquest advisable

tions to acconi

certificate.

SCE. 34. In each case of application for admission to Answers to ques- the Hospital, correct answers to the following interrogatopany physician's ries, so far as they can be obtained, shall accompany the physican's certificate; and if on further examination, after the answers are stated, any of them are found to be erroneous, the commissioners shall cause them to be corrected: 1. What is the patient's name and age? Married or Interrugatories, single? If any children, how many? Age of youngest child?

2. Where was the patient born?

3. Where is his (or her) place of residence?

4. What has been the patient's occupation?

5. Is this the first attack? If not, when did others occur, and what was their duration?

6. When were the first symptoms of this attack manifested, and in what way?

7. Does the disease appear to be increasing, decreasing, or stationary?

8. Is the disease variable, and are there rational intervals? If so, do they occur at regular periods?

9. On what subjects or in what way is derangement now manifested? State fully.

10. Has the patient shown any disposition to injure others?

11. Has suicide ever been attempted? If so, in what way? Is the propensity now active?

12. Is there a disposition to filthy habits, destruction of clothing, breaking glass, &c?

13. What relatives, including grand parents and cousins, have been insane?

14. Did the patient manifest any peculiarities of temper, habits, disposition, or pursuits, before the accession of the disease?-any predominant passion, religious impressions, etc.?

15. Was the patient ever addicted to intemperance in any form?

16. Has the patient been subject to any bodily disease: epilepsy, suppressed eruptions, discharges of sores, ever had any injury of the head?

or

17. Has restraint or confinement been employed? If so, what kind, and how long?

18. What is supposed to be the cause of the disease? 19. What treatment has been pursued for the relief of the patient? Mention particulars, and the effects.

20. State any other matter supposed to have a bearing on the case.

ence if Hospital is

SEC. 35. If at any time it may become necessary, for Order of preferwant of room or other cause, to discriminate in the gen- crowded. eral reception of patients into the Hospital, a selection shall be made as follows: 1. Recent cases, i. e., cases of less than one year's duration, shall have preference over all others. 2.-Chronic cases, i. e., where the disease is of more than one year's duration, presenting the most favorable prospects of recovery, shall be next preferred. 3. Those for whom application has been longer on file, other things being equal, shall be next preferred. And, 4. -Where cases are equally meritorious, in all other respects, the indigent shall have the preference.

Hospital is not in

SEC. 36. On a statement in writing, verified by affida- Proceedings vit, addressed to a judge of the district or circuit court of where person in the county in which the Hospital is situated, or of the sane. county in which any certain person confined in the Hospipital has his legal settlement, alleging that such person is not insane, and is unjustly deprived of his or her liberty, such judge shall appoint a commission of not more than Commission. three persons, in his discretion to inquire into the merits of the case, one of whom shall be a physician, and if two or more are appointed, another shall be a lawyer. Without first summoning the party to meet them, they shall proceed to the Hospital and have a personal interview with such Personal person, so managed as to prevent him or her, if possible, from suspecting its object; and they shall make any inquiries and examinations they may deem necessary and proper, of the officers and records of the Hospital, touching the merits of the case. If they shall judge it pru

view.

inter

Report.

perintendent.

dent and advisable they may disclose to the party the object of their visit, and either in the presence of such party, or otherwise, make further investigation of the matter. They shall forthwith report, to the judge making the appointment, the result of their examination and inquiries. Such report shall be accompanied by a statement of the Statement by su- case, made and signed by the superintendent. If, on such report and statement and the hearing of the testimony, if any is offered, the judge shall find the person not insane, he shall order his or her discharge. If, on the contrary, he shall so state, and authorize his or her continued detention. Finding and or- The finding and order of the judge, with the report and other papers, shall be filed in the office of the clerk of the court over which such judge presides, who shall enter a memorandum thereof on his record, and forthwith notify the superintendent of the Hospital of the finding and order of the judge, and the superintendent shall carry out the Pay of commis- order. The commissioners appointed, The commissioners appointed, as provided in this section, shall be entitled to their necessary expenses and a reasonable compensation, to be allowed by the judge, and paid by the State out of any funds not otherwise appropriated: Provided, that the applicant shall pay the same, if the judge shall find that the application was made without probable grounds, and shall so order.

der of judge.

sion.

Proviso.

Frequency commission.

SEC. 37. The commission so provided for shall not be of repeated oftener than once in six months, in regard to the same party; nor shall such commission be appointed in the case of any patient within six months of the time of his or her admission.

Habeas corpus.

duty in case of es.

cape.

SEC. 38. All persons confined as insane shall be entitled to the benefit of the writ of habeas corpus, and the question of insanity shall be decided at the hearing, and, if the judge shall decide that the person is insane, such decision shall be no bar to the issuing of the writ a second time, whenever it shall be alleged that such person has been restored to reason.

SEC. 39. If any patient shall escape from the Hospital, Superintendent's the superintendent shall cause immediate search to be made for such patient; and, if the patient cannot soon be found, he shall cause notice of such escape to be forthEscaped patient with given to the commissioners of the county where the to be returned. patient belongs; and, if such patient is found in their county, the commissioners shall cause him to be returned, and shall issue their warrant therefor, as in other cases, unless the patient shall be discharged, or unless, for good reasons, they shall provide for his or her care otherwise, of which they shall notify the superintendent.