be satisfactorily proved that he is insane, said judge may discharge him from imprisonment, and order his safe custody and removal to one of said hospitals, prescribed by the rules and regulations aforesaid, where he shall remain until restored to his right mind; and then, if the said judge shall have so directed, the medical director shall inform the said judge and the county clerk and prosecutor of the pleas thereof, whereupon he shall be remanded to prison, and criminal proceedings be resumed, or otherwise discharged; the provisions of the last preceding section, requiring the county to defray the expenses of a patient sent to such hospital, shall be equally applicable to similar expenses arising under this section and the one next following.

ors acquitted on

35. And be it enacted, That persons charged with mis- Persons charged demeanors, and acquitted on the ground of insanity, may with misdemean be kept in custody and sent to the hospital, prescribed by insanity, sent to said rules and regulations, in the same way as persons charged with crime.

hospital.

pay.

36. And be it enacted, That the price to be paid for Price indigent keeping any person in indigent circumstances in the said persons shall hospitals, exclusive of clothing, shall be annually fixed by the managers, and shall not exceed three dollars per

week.

for maintenance

37. And be it enacted, That every insane person sup- Personally liable ported in said hospitals shall be personally liable for his and expenses maintenance therein and all necessary expenses incurred incurred. by the institution in his behalf; and the committee, relative, or county that would have been bound by law to provide for and support him, if he had not been sent to the hospital, shall be liable to pay the expenses of his clothing and maintenance therein, and actual necessary expenses to and from the same.

whom paid, to

of county

38. And be it enacted, That the expenses of clothing and How money maintenance in said hospitals, of a patient who has been raised and by received upon the order of any court or judge, shall be defray expenses paid by the county from which he was sent to such hos- patients. pital; the county collector of said county is authorized and directed to pay to the treasurer of such hospital the bills for such clothing and maintenance, as they shall become due and payable, according to the by-laws thereof, upon the order of the warden; and the chosen free

Expenses of

patients paid by the county.

holders of the said county shall annually levy and raise the amount of such bills, and such further sum as will probably cover all similar bills for one year in advance; said county, however, shall have the right to require every individual or county that is legally liable for the support of such patient, to reimburse the amount of said bills, with interest from the day of paying the same.

39. And be it enacted, That whenever the managers removing county shall order a patient removed from either of said hospitals to the county whence he came, the collector of said county shall audit and pay the actual and reasonable expenses of such removal, as part of the expenses of said county; but if any person be legally liable for the support of such patient, the amount of such expenses may be recovered, for the use of the county, by said collector; if such collector neglect or refuse to pay such expenses on demand, the treasurer of the proper hospital may pay the same, and charge the amount to said county, and the county collector shall pay the same with interest; and the chosen freeholders of said county shall levy and raise the amount, as other county charges.

Township or County author. ized to recover amount of pay.

ments.

Authority of

not restrained.

40. And be it enacted, That every township or county paying for the support of a patient in either of said hospitals, or for his expenses in going to or from the same, shall have the like rights and remedies to recover the amounts of such payments, with interest from the time of paying such bills, as if such expenses had been incurred for the support of the same, at other places under exisiting laws.

41. And be it enacted, That none of the provisions of court of chancery this act shall restrain or abridge the power and authority of the court of chancery over the persons and property of the insane.

When and by

may be dis charged

42. And be it enacted, That the said managers, upon whom patients the certificate of the medical director of a complete recovery, may discharge any patient, except those under a criminal charge, or liable to be removed to prison; and they may send back to the poorhouse of the county or township whence he came, any person admitted as "dangerous," who has been two years in either of said hospitals, upon the medical director's certificate that he is harmless and will probably continue so, and not likely to

be improved by further treatment in the said hospital; or when the hospital is full, upon a like certificate that he is manifestly incurable, and can probably be rendered comfortable at the poorhouse, they may also discharge and deliver any patient, except one under criminal charge as aforesaid, to the poorhouse of the township or county liable for his support, or to his relatives or friends, who will undertake, with good and approved sureties, for his peaceable behavior, safe custody and comfortable maintenance, without further public charge.

43. And be it enacted, That a patient of a criminal class Justice of may be discharged by order of one of the justices of the may order dissupreme court, if, upon due investigation, it shall appear criminal patient. safe, legal and right to make such order.

charge of

nished.

44. And be it enacted, That no patient shall be dis- Money and charged without suitable clothing, and if it cannot be clothing furotherwise obtained, the warden shall, upon the order of two managers, furnish it; also money, not exceeding ten dollars, to defray his necessary expenses, until he reaches home.

compensation for services.

45. And be it enacted, That said board of managers Traveling exshall receive their actual traveling expenses, to be paid penses paid, no by the state treasurer, on the warrant of the comptroller, on the rendering of their accounts; no court, judge, clerk or other officer shall receive any compensation for any services performed under this act.

shall be for cash.

46. And be it enacted, That all purchases for the use of All purchases said hospitals shall be made for cash, and not on credit or time.

"lunatic" and

47. And be it enacted, The terms "lunatic" and "insane," Meaning of term as used in this act, include every species of insanity, and ex-insane tend to all deranged persons and to all of unsound minds, other than idiots; a word denoting the singular number is to include one or many; and every word importing the masculine gender only, may extend to and include females.

48. And be it enacted, That there shall be paid from the Amount to be state treasury, in quarterly payments, and upon the war- paid by state for rant of the comptroller, to the treasurers of the said patient. hospitals, the sum of one dollar per week towards the maintenance and keep of each indigent patient in said. hospitals.

How and when

insane pauper

removed to a

hospital.

49. And be it enacted, That if the judge to whom applijudge shall order cation shall be made on behalf of any insane pauper shall be satisfied upon the examination of the case made in the manner prescribed in section twenty-nine of this act, that such insane pauper cannot be provided for by the overseer of the poor of the township, or at the poorhouse of the township or county upon which he is chargeable, with comfort and without danger or prejudice to himself or others, the said judge shall order the said pauper to be removed to one of said hospitals, to be kept and supported in the manner and for the time in the said section mentioned.

Upon removing a patient from one hospital to the other, the official docu

to medical

directors.

50. And be it enacted, That when any patient shall be removed from one of the said hospitals to the other, under the rules and regulations herein before authorized ments and papers and directed, it shall be the duty of the medical director must be delivered of the hospital from which he is removed, to deliver to the medical director of the hospital to which he is removed, the official documents and papers under the authority of which the said patient was received and under which he is retained, and the said documents and papers shall be as full and ample authority for detaining such patient in the hospital to which he is removed, as if such patient had not been so removed.

Repealer.

51. And be it enacted, That all acts and parts of acts inconsistent herewith or repugnant hereto, be and the same are hereby repealed, and that this act shall take effect immediately.

Approved March 11, 1893.

CHAPTER CXX.

A Supplement to an act entitled "An act respecting the orphans' court and relating to the powers and duties of the ordinary, and the orphans' courts and surro gates'," approved March twenty-seventh, one thousand eight hundred and seventy-four.

dent executor,

guardian does

settle estate, any

person interested

may make complaint to orphans'

court.

1. BE IT ENACTED by the Senate and General Assembly of In case non-resithe State of New Jersey, That in case any executor, admin- administrato. or istrator or guardian, heretofore or hereafter appointed by not proceed to the orphans' court has removed or shall hereafter remove out of this state, or does not reside within the same, or shall be of unsound mind or mentally incapaci tated from transacting business and does not proceed with the administration of the estate, the orphans' court of the county where such letters testamentary or administration or of guardianship have been granted, upon complaint being made by any person interested in such estate, may inquire into the matter in a summary man ner, and revoke such letters testamentary or of adminis tration or of guardianship granted to such executor. administrator or guardian, and may grant letters of administration de bonis non to such fit, responsible and discreet person or persons as such orphans' court shall see fit, or appoint such other guardian or guardians as such orphans' court shall see fit; provided, however, that before Proviso. letters of administration de bonis non are issued, or such other guardian or guardians be appointed in pursuance of this act, such notice of such application shall be served upon or mailed to such executor, administrator or guardian, or served upon or mailed to such other person or persons as the court may direct, requiring such execu tor, administrator, guardian or other person, on a certain day to be named therein, to appear before said court and show cause why such letters testamentary or of administration or of guardianship shall not be revoked.