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penditures of said Asylum: a statement of the names of the insane persons in the Asylum, of the number and names of those admitted; of those deceased, and of those cured and discharged during the current year.

[Election of Treasurer, Bond, Salary, Etc.]

[R. S., Sec. 1766.] The Board shall elect annually a Treasurer, who shall be ex-officio Secretary, and who shall not be a member of the Board, and who shall give bond and security for the faithful performance of his duty, to be approved by the majority of said Board. It shall be his duty to collect all debts due to said Asylum; to receive quarterly upon the warrant of the President, whatever appropriations may be made by the State for its benefit; to take care and keep an exact account of the property, credits and revenues, and to make all necessary payments under such rules and regulations and restrictions as may be established by the Board. Said Treasurer and Secretary, elected by the Board, shall receive an annual salary for his services the sum of six hundred dollars, paid quarterly on the warrant of the President, out of the funds annually appropriated by the State. [Vacancy in Board, How Filled.]

[R. S., Sec. 1767.] The seat of any member who shall absent himself without sufficient cause from the regular meetings, shall be vacated by a majority of said Board, and the vacancy shall be immediately filled in the manner heretofore provided for. In the absence of the President, a majority of the members shall have power to call a meeting of the Board whenever the necessities of the Asylum may require it.

[Admission of Insane, Duty of Judge and Other Officers.]

[R. S., Sec. 1768.] Whenever it shall be made known to the Judge of the district, by the petition and oath of any individual, that any lunatic or insane person within his district ought to be sent to or confined in the Insane Asylum of this State, it shall be the duty of the said District Judge to issue a warrant to bring before him, in chambers, said lunatic or insane person, and after proper inquiry into all the facts and circumstances of the case, if in his opinion he ought to be sent to or confined in said Insane Asylum, he shall make out his warrant to the Sheriff of the parish, commanding him to convey the lunatic or insane person to the Insane Asylum, for which duty the Sheriff shall have the right to demand the same fees as are now allowed by law for the conveyance of convicts to the penitentiary of the State, which shall be paid out of the parish treasury, upon the order of the District Judge, and likewise all other expenses previously incurred in bringing said insane person before the District Judge.

Note. Where, after verdict and prior to sentence, doubts arise as to the sanity of the person convicted, the Court has the right, upon the suggestion of the District Attorney, to cause an investigation to be made, and he may do so in the criminal proceeding, which has not yet been closed. State ex rel. Chandler, praying for Habeas Corpus, 45 A. 696. The relator was convicted of murder, and the court on the report of a commission appointed to inquire into relator's sanity, refused to submit the question of sanity vel non to a jury. Held, that mandamus would not lie to constrain such

See

submission by the trial judge. State ex rel. Armstrong vs. Judge, 48 A. 502. State ex rel. Paine vs. Potts, 49 A. 1502; State vs. Lyons 113 L. 1001; State vs. Same, 49 A. 1095.

[Powers of Board to Receive Insane.]

[R. S., Sec. 1769.] The Board of Administrators shall have authority to receive persons, not sent to the Asylum by a District Judge, on such terms and conditions as they may deem fit to adopt; and money so received shall be applied to the support of the institution.

[Care and Maintenance Is Free, Exception.]

[R. S., Sec. 1770.] (As amended by Act 248 of 1908, p. 369.) Except as provided in Section 1769, there shall be no charge for the care and maintenance of patients received in the insane asylums of the State of Louisiana.

[Duties of Clerks of Court.]

[R. S., Sec. 1771.] Whenever application is made to the Clerk for a certificate as above stated, it shall be his duty to examine, under oath, such witnesses as may be brought before him, and to give or refuse said certificate, as the case may in justice require; and the said Clerk is empowered, whenever he shall deem the same necessary to summon before him, as in ordinary cases, any witnesses necessary, and said certificate so given shall entitle the person therein named to admission into the Lunatic Asylum without charge.

[Entering Premises of Asylum Without Permission.]

[R. S., Sec. 1772.] If any person shall, without permission, enter any of the buildings or enclosures appropriated to the use of patients, or shall make any attempt to do so, or shall enter anywhere upon the premises belonging to said Asylum, and commit or attempt to commit any trespass or depredation thereon, or shall, either from within or without the enclosure, annoy or disturb the quiet of any patient confined therein, upon conviction thereof before the Mayor or any Justice of the Peace in the town of Jackson, be condemned to pay a fine of not less than five nor more than one hundred dollars for the use of said Asylum subject to appeal to the District Court as in other cases. And the District Court shall have concurrent jurisdiction over the offending party, and in pronouncing judgment, may impose a fine or imprisonment in the parish jail for a term not less than ten nor more than thirty days, or both, at the discretion of the court.

TITLE.

ARREST OF OFFENDERS, ETC.
Act 42 of 1918, p. 64.

AN ACT to authorize the Superintendents and other officers of Hospitals for the Insane to arrest offenders violating the laws designed to protect the property and inmates of such hospitals.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the Superintendents, the acting or assistant Superintend

ents and the supervisors, as peace officers, of the Hospitals for the insane, and such persons in the employment of such hospitals as the Superintendents may deputize, shall be authorized to make arrests for the violation of laws designed to protect the property and inmates of State Insane Hospitals, and take offenders before the proper authority for commitment, prosecution and punishment. Said above peace officers to give bond in the amounts and with the conditions prescribed by the Constitution and laws of the State for constables, in the amounts of not less than One Thousand Dollars.

[Assisting or Inducing Escape of Inmates.]

[R. S., Sec. 1773.] If any person shall abduct or seduce any patient to elope or escape from said Asylum, or shall attempt to do so, or shall aid or assist therein, every such person shall upon conviction thereof, be condemned to pay a fine of not less than fifty dollars nor more than five hundred dollars, for the use of said Asylum, and at the discretion of the court be imprisoned in the parish jail not less than one month nor more than six months, or both, at the discretion of the court.

[Letting Out Contracts.]

[R. S., Sec. 1774.] In all contracts for work, to be let out by the Board of Administrators, the said Board shall cause specifications to be made of the work to be done, and shall advertise the same for one month previous to the letting out of the contract, in a newspaper published in the parish of East Feliciana, and by notice posted up in the town of Jackson during the same time; and the parties wishing to bid for such contract shall be required to make their bids by sealed proposals, which shall be opened at a public meeting of the Board by the President, on a day previously fixed, and the contract shall be awarded to the lowest solvent bidder, who shall give bond and security for the faithful execution of the same according to the published specifications.

[Limitation on Contracts.]

[R. S., Sec. 1775.] Hereafter the Board of Administrators, or any officer of the Asylum, shall have no power to contract any debt, borrow money, issue drafts, or make any contract, or incur any liability connected with the administration of said Asylum beyond the amount appropriated by the Legislature and the revenue of the Institution for such purposes; and no such contract, debt, or liability thus incurred, by any of said officers, shall be binding on the State, nor shall the State in any manner be liable for the same.

[Examination of Inmates by Physician.]

[R. S., Sec. 1776.] The Physician of the Asylum shall professionally examine the lunatic or insane persons sent to the Asylum by the authority of the District Judge, and if in his opinion said person is only feigning insanity, being a person charged with a felonious crime, he shall report to the Board, who shall investigate the facts, and if, in the judgment of the majority, said

person should not be admitted as an inmate of the Asylum, the President of said Board shall cause such person feigning insanity, and who had been previously committed to prison for a crime, to be confined in the parish jail, and shall immediately inform the President of the Police Jury of the parish, or the proper authority in the parish of Orleans, where the rejected person has his domicile, of the fact, and the reason of his rejection, and the provisions of this section shall also apply to such persons charged with a crime who afterwards recover and become sane in said Asylum.

[Feigning Insanity, Etc.]

[R. S., Sec. 1777.] The Sheriff of East Feliciana, or his deputy, shall, within reasonable delay, convey said person feigning insanity to the parish of his domicile for which duty the Sheriff shall have the right to demand the same fees which are now allowed by law for the conveyance of convicts to the Penitentiary of the State, which shall be paid out of the Parish Treasury on the order of the President of the Police Jury of the parish of the domicile of the person rejected by the Board of Administrators, or the proper authority in the parish of Orleans.

[R. S., Secs. 1778 to 1780.] Authority of Courts when insanity is set up as a defense. Report of Grand Jury when insanity of accused prevents a true bill. Petit Jury in acquitting because of insanity of accused must so state. R. S., Secs. 993 to 995, title "Criminal Proceedings."

LOUISIANA HOSPITAL FOR THE INSANE OF THE STATE. Act 92 of 1902, p. 144.

TITLE. (As amended by Act 143, 1904, p. 314).

AN ACT to establish an Insane Asylum, providing for its management and regulation; imposing fines and penalties for the violation of its provisions, and making appropriation for the construction of necessary buildings.

ESTABLISHING THE LOUISIANA HOSPITAL FOR INSANE OF THE STATE OF LOUISIANA.

Section 1. (As amended by Act 143, 1904, p. 314). Be it enacted by the General Assembly of the State of Louisiana, That there shall be established in the parish of Rapides an Asylum for the Insane, to be called the Louisiana Hospital for Insane of the State of Louisiana.

BOARD OF ADMINISTRATORS; GOVERNOR EX-OFFICIO PRESIDENT.

Sec. 2. (As amended by Act 143, 1904, p. 314). Be it further enacted, etc., That it shall be the duty of the Governor of this State to appoint a Board of Administrators composed of eight members to be appointed from the State at large, of which body the Governor of Louisiana shall be exofficio President and this Board is to be known as the Board of Administrators of the Louisiana Hospital for the Insane of the State fo Louisiana, to be situated in the parish of Rapides, and said Board shall be and are hereby constituted the Board of Administrators of aforesaid Hospital. The terms of service of the members of the Board of Administrators of this institution shall be two members for one year, two members for two years, two members for three years, and two for four years, and their successors for

terms of four years each to date from the expiration of the preceding terms; and vacancies to be filled by the Governor by appointment for the unexpired term.

POWER OF BOARD TO MAKE RULES.

Sec. 3. Be it further enacted, etc., That the Board shall have power to make all rules and regulations for their own government not contrary to law; t omake all necessary contracts; provided, however, that no members 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 action appertaining to the Asylum.

ELECTION OF SUPERINTENDENT; QUALIFICATION; TERM, ETC.

Sec. 4. Be it further enacted, etc., That the Board shall elect a Superintendent, who shall be the chief physician and the executive officer of the institution, and shall with his family reside on the premises, and is forbidden to practice his profession beyond its limits. The Superintendent shall be elected for a period of four years, and can be removed only by the Board of Administrators for cause. The Superintendent shall suggest to the Board the names of suitable persons to act as assistant physician or physicians, when more than one is required; also steward and matron, who shall be removed by the Board on recommendation of the Superintendent. The salaries of the above mentioned officers shall be determined by the Board.

VICE-PRESIDENT; EXECUTIVE COMMITTEE.

Sec. 5. Be it further enacted, etc., That the Board shall elect from its members, a Vice-President, to preside in the absence of the President, and an Executive Committee of four. The Executive Committee shall visit the institution at frequent intervals, not less than monthly, and shall report its condition and management to the President of the Board, and the whole Board shall meet not less than four times a year.

REPORT TO LEGISLATURE.

Sec. 6. Be it further enacted, etc., That the Board shall furnish the Legislature on the second Monday of each session, a detailed statement of the annual receipts and expenditures of said Asylum; a statement of the number and sex of the insane persons in the Asylum; of the number and sexes of those admitted, and of those deceased during the preceding biennial period.

TREASURER; TERM; BOND, ETC.

Sec. 7. Be it further enacted, etc., That the Board shall elect a Treasurer for a period of four years, who shall be ex-officio Secretary, and who shall not be a member of the Board, and who shall give bond and security for the faithful performance of his duty, to be approved by the majority of said Board. It shall be his duty to collect all debts due to said Asylum; to receive quarterly upon the warrant of the President, whatever appropriations may be made by the State for its benefit; to take care of and keep an exact account of the property, credit and revenues and to make all necessary payments under such rules and regulations as may be established by the Board. He shall receive such salary as may be fixed by the Board.

MANNER OF COMMITTING PERSONS TO SAID ASYLUM.

Sec. 8. (As amended by Act 143, 1904, p. 314). Be it further enacted, etc., That whenever it shall be made known to the Judge of the District Court by the petition and oath of an individual that any lunatic or insane person within his district ought to be sent to or confined in the Insane Asylum of the State, it shall be the duty of the said District Judge to issue a warrant to bring before him in chambers, said lunatic or insane person, and after proper inquiry into all of the facts and circumstances of the case, if in his opinion, he ought to be sent to or confined in said Insane Asylum, he shall make out his warrant to the Sheriff of the parish, commanding him to

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