Chap. 933.—An ACT to amend and re-enact sections 1660 to 1712, inclusive,
of the code of Virginia in relation to state hospitals for the Insane and the
commitment of insane persons.

Approved March 7, 1900.

1. Be it enacted by the general assembly of Virginia, That sections
sixteen hundred and sixty to seventeen hundred and twelve, inclusive,
of the code of Virginia be amended and re-enacted so as to read as
follows:

§ 1660. Hospitals continued; how managed.—The state hospitals for
the insane established at Wilhamsburg, Staunton, Marion, and Peters-
burg shall be continued as established and located, and shall continue
to be under the management of boards of directors.

§ 1661. Their location and corporate names.—The directors for each
of said hospitals and their successors shall respectively continue to be
corporations for the hospital at Williamsburg with the name of the
“ Eastern state hospital” for the hospital at Staunton with the name
of the “ Western state hospital ”; for the hospital at Marion with the
name of the “Southwestern state hospital,’ and for the hospital at
Petersburg (established for the reception and treatment of colored
persons of unsound mind) with the name of the “Central state hos-
pital.”

§ 1662. Board of directors; their appointment and terms; quorum;
vacancies, how filled.—The board of directors of each of said hospitals
shall consist of nine members, whose term of office shall be three years.
They shall be appointed by the governor, by and with the advice and
consent of the senate. Three of the members shall be appointed each
year, whose term of office shall commence on the fifteenth day of April
of that year, so that three shall go out of office annually. The directors
in office when this act takes effect shall continue in office until the
terms for which they were respectively appointed shall have expired by
limitation. Appointments to fill vacancies occurring during the term
shall be for the unexpired term, and shall be made by the governor, sub-
ject to confirmation by the senate at the next session of the general
assembly. Five directors shall constitute a quorum. During each year
they shall hold four regular meetings at the respective hospitals.

§ 1663. Superintendents and other officers, and so forth, how selected,
appointed and removed; their pay,—Each board shall, on the fifteenth
day of April, nineteen hundred and one, or as soon thereafter as prac-
ticable, and biennially thereafter, appoint a superintendent, who shall
be a skilled physician, and shall appoint an executive committee, con-
sisting of three of their members, and such other officers and such
employees as they may deem proper, and prescribe their compensation.
The appointees shall be selected with reference to fitness, sobriety, and
business qualifications, without regard to party affiliations. The re-
spective boards may, at any time, remove an appointee, and in case
of such remoyal, they shall cause to be entered on the record of their
proceedings the order of such removal and the cause thereof. (Sec
supplement to code, page one hundred and eighty-seven.)

§ 1664. President of board and annual meetings of superintendents
and directors.—Each board shall annually choose one of their body
to be president, and in his absence, a president pro tempore. The
presidents of the respective boards or some other member thereof and
the superintendents of the respective hospitals, shall meet annually
at one or other of the hospitals, for the purpose of systematizing the
method of keeping accounts, books, and records, making reports, statis-
tical tables, and otherwise harmonizing, as far as practicable, the hos-
pitals of the state in regard to their management.

§ 1665. How funds of hospitals to be kept and disbursed; quarterly
reports.—The respective boards of directors of the said hospitals shall
deposit to their credit, in one or more banks of this state all moneys
received by appropriation of the general assembly, or from any other
source. The cashier or other officer of said bank or banks shall not
pay out the money so deposited upon the order, draft or check of the
directors making such deposit, unless the same be drawn and signed
in such form as shall be prescribed to said bank or banks by the board
of directors of such hospital; and the directors shall not give such order,
draft or check, except for such amounts and at such times as may be
necessary to meet the expenditures for the said hospitals. They shall
transmit quarterly to the auditor of public accounts a report in detail
of the manner in which such funds have been disbursed.

§ 1666. Depositaries of hospitals; penalty and condition of their
bonds.—The boards, before depositing said money in any bank, shall
take from it bond, with sufficient surety in a penalty double the amount
likely to be deposited in such bank at any one time during the year,
and with condition for the safe-keeping of all moneys that may there-
after be deposited with it, and the payment and disbursement thereof
according to law. They shall annually examine the bond given by anv
bank as to its sufficiency in all respects; and whenever in their opinion
such bond is insufficient, they may require the bank to execute a new
bond, or an additional bond, in such penalty as they may prescribe.
If the bank fail to execute such new bond or an additional bond within
a reasonable time, the board shall transfer the moneys so deposited
to some other bank in the state which will give proper bond.

§ 1667. Fiscal year—The fiscal year of each hospita] shall end on
the thirtieth day of September, and the directors shall settle their
accounts so as to conform thereto.

§ 1668. Annual reports——The board of each hospital shall annually,
before the first dav of November, report to the governor, for the in-
formation of the general assembly, the condition of the hospital, and
an account of all sums received and disbursed, with a list of patients,
designated by name or otherwise, in the hospital during the preceding
vear, showing their age and sex, place of residence and civil condition,
the deaths and discharges, and condition when discharged, and anv
statistics and remarks as to the management of the insane, and the
subject of insanity, which in their judgment may be useful.

§ 1669. Proceedings before a commission to ascertain insanity.—Anvy
county or corporation judge, or any justice of the peace, who suspects
anv person in his county or corporation to be insane, or upon the
written complaint and information of anv respectable citizen, shall
issue his warrant, ordering such person to be brought before him, and
he shall summon two licensed and reputable physicians (one of whom
shall, when practicable, be the physician of the suspected person, and
neither shall in anv manner he related to him or have an interest in
his estate). The judge and the two physicians, or justice and the two
physicians, shall constitute a commission to inquire whether such per-
son be insane and a suitable subject for a hospital for the care and
treatment of insane persons, and for that purpose the judge or the
justice shall summon witnesses. The physicians shall, in presence of
the judge or justice (if practicable) by personal examination of such
person, and by inquiry, satisfy themselves and the judge or justice as
to the mental condition of the patient. Tf the two physicians do not
agree, a third physician shall be summoned.

The depositions of all witnesses, physicians, and so forth, shall be
taken under oath.

The report of the commission shall consist of the following state-
ments and questions and answers thereto, and of anv further informa-
tion hearing on the insanity of the suspected person:

First. Name of patient, ——3 color, ; where born,

; present
residence, ; occupation, ——; education, ; civil condition,
: - number of children had (if a female), ; age of youngest child
af a female patient), ; name and address of guardian, nearest
friend, or relative,

Second. Value of property of self or husband; of parents (if patient
is a minor).

Third. Is the patient addicted to the intemperate use of intoxicating
liquors, tobacco or drugs, or guilty of any injurious, improper or im-
moral habit? State to what extent.

Fourth. State fully and in detail any physical symptoms, injury,
or disease from which the patient is at present sulfering, including
(if a female) irregularities, and so forth, of menstruation.

Fifth. Is, or has the patient ever been, subject to loss of conscious-
ness, epilepsy, or convulsions of any kind, and has the patient ever had
any serious illness, blow on the head, or other injury? State as fully
and accurately as possible.

Sixth. When did the present attack of insanity begin, and what were
the first symptoms?

Seventh. State fully the present symptoms of insanity, particularly
whether the patient is violent, destructive, excited, depressed, homicidal,
or suicidal. (If homicide or suicide has been attempted or threatened,
state when and in what manner.)

Fighth. State any changes which have occurred in the condition of
body or mind of the patient since onset of present attack of insanity.
If any restraint or confinement has been imposed upon the patient,
state nature and duration.

Ninth. If any attacks of insanity previous to the present one, when
did they occur? What was the duration, symptoms, and character of
each? What was the duration of interval between each attack, and
during the intervals was the patient entirely rational and sane?

Tenth. If the patient has ever been an inmate of anv hospital or
other place of detention and treatment for the insane, state when and
where, and whether discharged as recovered, or otherwise.

Eleventh. If anv of the patient’s family or near relatives are or
have been insane, mentally defective, epileptic, neurotic, and so forth,
state the fact, the degree of consanguinity, and whether paternal or
maternal.

Twelfth. What, in the opinion of the examining physicians, are the
exciting and predisposing causes of the patient’s insanity?

Thirteenth. What physician has been attending the patient? What
treatment has beer given, and with what effect ?

Fourteenth. State fully anything else bearing on the case as indiecat-
ing insanity.

Fifteenth. Is it the opinion of the examining physicians that the
patient is insane, and should be placed in a hospital for the care and
treatment of insane persons? (Both examining physicians and the
judge or the justice shall sign the commitment papers.) Each county
or corporation shall be provided with necessarv blank forms by the
clerk of the court to be paid for out of funds of the said county or cor-
poration.

§ 1670. What the judge or the justice to do if person be insane.—If

the commission decides that the person is insane and ought to be con-
fined in a hospital, and ascertain that he is a citizen of this state, then,
unless some person (to whom the judge or the justice in his discretion,
may deliver such insane person) will give bond, with sufficient surety,
tu be approved by him, payable to the commonwealth, with condition
to restrain and take proper care of such insane person without cost to
the commonwealth, until the cause of confinement shall cease, or the
insane person is delivered to the sheriff of the county, or sergeant of
the corporation, to be proceeded with according to law, the said judge
or justice shall promptly order him to be removed to the nearest hos-
pital and received, if there be room therein, and if not, to either of
the others.

§ 1671. Disposition of proceedings before commission; fees, and so
forth.—The interrogatories to the witnesses and the answers thereto
shall be in writing; and, together with a written statement by the
commission of any matter known to them as to the facts of insanity,
shall be promptly transmitted by the judge or justice with his order;
and a record thereof shall be kept by the clerk of the county or cor-
poration court. The two physicians shall receive a fee of two dollars
and fifty cents each for their services. All expenses incurred in com-
mitting a patient to any state hospital shall be borne by the county or
corporation from which such patient is sent.

§ 1672. Officers to ascertain if there is a vacancy; if not, to keep in-
sane person in jail; deaths; discharge.-—The sheriff, or’ other officer,
to whom such order of the judge or justices, is directed, shall imme-
diately ascertain, by written inquiry of the superintendent of the nearest
appropriate hospital whether there is a vacancy in such hospital, and
if there be none he shall make a similar inquiry of the other superin-
tendents. The sheriff, or other officer, presenting an application for
the admission of an insane person in his custody shall forward there-
with a copy of the interrogatories and answers, as taken by the exami-
ning commission. Until it is ascertained that there is a vacancy the
patient may be kept in the jail of the county or corporation. In the
event of the death or discharge of an insane person, while in the custody
of any sheriff or sergeant, or in the custody of other persons under
bond, the said sheriff or sergeant, or other person, shall at once notify
the superintendent to whom the last application for admission of such
person was made, and the said superintendent shall keep a written
record thereof.

$1673. Convevance of an insane person to hospital; expenses of
officer.—The superintendent of the hospital wherein such vacancy exists
is authorized, when practicable, to send a guard for the insane person,
or empower any person of responsibility and character to guard and
conduct him to the hospital, and furnish the person so appointed with
a certificate of his appointment: or, where neither of said arrangements
is practicable, the sheriff shall conduct such insane person to the
hospital. Upon the presentation of such certificate of appointment.
or of the proper papers by the sheriff, the clerk of the court of the
county or corporation in which the insane person resides shall furnish
the person so appointed by the superintendent, or the sheriff, as the
case may be, with the proper certificate of transportation over the route
authorized by the railroad commissioner, and upon the delivery of
the insane person at the hospital, the superintendent thereof shall
furnish a like certificate for the return of the officer or other person
to the county or corporation from which the insane person was brought.
The person so appointed by the superintendent shall be allowed only
the actual expense incurred by him. Before delivering an insane person
to the authorities of any hospital, the sheriff or jailor, or the person
in whose charge the insane person is, shall see that the said insane
person is clean, free from vermin and any contagious disease, and
properly clothed. All insane persons applying for admission to any of
the several hospitals of the state, shall be, when so required by the
superintendents of said hospitals, delivered to the agents of the said
hospitals at the nearest or most convenient railroad station or steam-
boat landing, at the expense of the county or corporation, or of the
insane person, if there be any estate.

§ 1674. Examination and admission of insane person.—When such
patient arrives at the hospital the superintendent and his assistant
physicians shall, as soon as practicable, examine him, and, if they con-
cur in the opinion with the commission, shall receive and register him as
a patient.

§ 1675. If insane person refused admission, to be confined in jail.—
If they refuse to receive the adjudged insane person, the officer in
whose custody he is shall confine him in the jail of the county or cor-
poration in which he was examined until lawfully discharged or re-
moved therefrom.

§ 1676. Disposition of non-resident insane person.—If it appears
to the commission that the person examined by it is an insane person
and a non-resident of this state, the same proceedings shall be had
with regard to said insane person as if he were a resident of the state
and being proceeded against under the foregoing sections sixteen hun-
dred and seventy, sixteen hundred and seventy-one, sixteen hundred
and seventy-two, sixteen hundred and seventy-three, sixteen hundred
and seventy-four, or sixteen hundred and seventy-five, or any act
amendatory thereof; and if said non-resident be received into a hos-
pital under such proceedings, or be committed to jail, a statement of
the fact of his non-residence and of the place of his domicile, or from
which he came, as far as known, shall accompany any order respecting
such insane person; and the board in one case, and the court to whose
jail he may have been committed in the other, shall, as soon as prac-
ticable, cause him to be returned to his friends, if known, or the proper
authorities of the state or country from which he came, if ascertained
and such return be bv the said board or court deemed expedient or
practicable; and in all cases such insane person shall be otherwise
treated and cared for as if he were a resident of this state and subject
to the provisions aforesaid and the further provisions contained in
section one thousand six hundred and seventy-eight.

£1677. Terms of admission to hospitals—On an application on
behalf of any person for his admission into a hospital, the examining
board, if unanimous that he ought to be admitted, mav receive him as
a patient therein, if the person making the application will execute
and deliver an obligation, with sufficient surety (payable to the directors
of such hospital by their corporate name), for the payment of such
sums of money as may be agreed on between them for the maintenance
and cure of such insane person while in the hospital, and for the ex-
penses of his removal thereto or therefrom when necessary.

§ 1678. Admission of non-residents.—No non-resident insane person
shall be admitted or retained in any hospital under any contract with
the board except when there is a vacancy therein not applied for on
behalf of any person residing in the state. When so admitted the
board may, at any time, discharge him and require his friends to take
charge of him or send him back to his home, and shall do so when-
ever it may be necessary in order to make room for a person residing
in the state.

§ 1681. Idiots or dements not admitted.—If any idiot or harmless
dement from extreme old age or other cause be sent to or received in
any hospital, the superintendent shall order him to be removed to the
county or corporation whence he came, and delivered to his committee,
if he have one, or if not, to the overseers of the poor, or any of them,
who shall give a receipt for him. The costs of such removal shall be
paid out of his estate, if sufficient, but if not, shall be provided by
the said overseers, at the charge of their county or corporation.

§ 1682. Admission of persons charged with crime.—If any person
charged with or convicted of crime be found, in the court before which
he is so charged or convicted, to be insane, and such court shall order
him to be confined in one of the state hospitals for the insane, or if a
court shall order any person charged with crime to be confined in one
of the state hospitals, he shall be received and confined if, or so soon
as, there is a vacancy therein. The sheriff or other officer of the court
by which the order is made, shall immediately proceed in the manner
directed by section sixteen hundred and seventy-two, to ascertain
whether such vacancy exists, and until it is ascertained that there is
a vacancy such insane person shall be kept in the jail of such court.

§ 1683. Delivery of insane persons to their friends; terms thereof.—
Except in the case of a person charged with crime and subject to be
tried therefor, or convicted of crime and subject to be punished there-
for, when in a condition to be so tried or punished, the superintendent
of any hospital, or the court of any county or corporation, may deliver
any insane person, confined in such hospital or the jail of such county
or corporation, to any friend who will give bond, with surety, with
the condition mentioned in section sixteen hundred and seventy; and
where an insane person, except as aforesaid, is deemed by the superin-
tendent of a hospital both harmless and incurable, the superintendent
may deliver him without such bond to any friend who is willing, and
in the opinion of the superintendent able, to take care of him without
cost to the commonwealth.

8 1684. Re-examination of such insane persons.—If the person giv-
ing any bond mentioned in the preceding section, or section sixteen
hundred and seventy, or his representative, shall deliver the insane
person therein mentioned to the sheriff of the county or sergeant of
the corporation, according to the condition of the bond, such sheriff or
sergeant shall carrv the insane person before a judge or justices of his
county or corporation, and the same proceedings shall be thereupon
had as in the case of a person brought before a judge or justice under
his warrant under section sixteen hundred and sixty-nine.

§ 1685. Convevance of insane person to hospital by other person than
oilicer. —If such person or his representative shall ‘desire to carry the
invane person to a hospital, he shall proceed in the manner in which
the sheriff or sergeant, to whom an insane person is delivered under
the preceding section, is thereby required to proceed, and shall have
the same powers, perform the same duties as those of a sheriff? or
serveant in such case; and the same course shall be pursued when the
Insane person arrives at the hospital as if he had been carried there
by a sheriff or other officer as aforesaid.

$1686. How insane person escaping is arrested and confined.—If
anv insane person confined in any hospital escapes, the superintendent
of the hospital, or any agent authorized by him mav arrest and return
to said hospital the said insane person. If required by any person to
do so, any justice of the county or city where such insane person may
be, shall issue his warrant to the sheriff of such county, or sergeant
of such city to arrest and carry him hack to the hospital, which war-
rant the sheriff or sergeant shall forthwith execute, and may execute
it in any part of the commonwealth.

$1687. Disposition of insane person charged with criine when re-
stored to sanity.— When any person confined in a hospital and charyed
with crime, and subject to be tried therefor, or convicted of erime,
shall be restored to sanity. the superintendent shall give notice thereof
tc the clerk of the court by whose order he was confined, and deliver
him in obedience to the proper precept.

§ 1688. Discharge of other restored insane persons.—When anv other
person confined in a hospital or jail as insane person shall be restored
to sanity, the superintendent or the court, as the ease mav be, shall
discharge him and give him a certificate thereof. The superintendent
of said hospital shall, in suitable cases, issue furloughs to such insane
patients for such time as, in his judgement, mav benefit or improve such
patient: providing, that all cost and charges for such removal be paid
by the patients or friends, if able to do so.

§$ 1689, Hahitations of patients——In any hospital each patient shall
be. “deemed an inhabitant of the county or corporation in which he had
a legal settlement at the time of his removal to the hospital.

§ 1690. How expenses of insane persons are paid.—lIf not previously

paid bv individuals the expense of removing anv insane person to and
from anv hospital, and of the maintenance and eare of him therein,
shall be paid out of the funds of the hospital, and the expenses of the
maintenance and care of anv insane person in any jail shall be paid ont
of the public treasurv: such expenses in either case to be refunded
in the manner hereinafter provided.

$1691. Their estates, and so forth. to he certified to hospitals and
courts.—The commission or court who orders an insane person to he
ecnfined in a hospital shall cause a certificate of his estate, or, if the
person he a married woman or infant. who is not an orphan, of the
estate of the hushand and anv separate estate of the wife, or of the
estate of the parent, and also probable annual profits of such estate,
te be sent to the directors of the hospital, and to the next court for
the county or corporation of which the insane person is an inhabitant.

§ 1692. Examination of insane persons confined in jail—When any
person is confined in any jail as an insane person, the jailor shall certify
the fact to the court of the county or corporation at its next ensuing
term. The court shall thereupon cause such person to be examined by
{wo disinterested persons, who shall, as soon as may be, report the re-
sult thereof. The court shall then make such provision for the mainte-
nance and care of him as his situation may require.

§ 1693. Contracts for their care and maintenance——The court in
whose jail any insane person is confined may, when practicable and
proper, contract with some fit person for the maintenance and care of
such insane person out of the jail until such insane person can be re-
ceived into a hospital, and no longer, and make allowance therefor, not
exceeding what is authorized for an insane person confined in jail;
the expenses, services, and allowance mentioned in this and the two
preceding sections shall be certified to the auditor of public accounts
for payment. Nothing in this section shall be construed to relieve
the sheriff or other officer to whom the order of the commission direct-
ing the removal of an insane person to a hospital is directed from the
duty imposed upon him by sections sixteen hundred and seventy-one
and sixteen hundred and ninety-five to ascertain, immediately after re-
ceiving said order, by written inquiry of the superintendents of the
hospitals, whether there is a vacancy therein, and, if necessary, to
inake said inquirv at least once in every month thereafter of the super-
intendent of each of the hospitals. The provisions of section sixteen
hundred and seventy-three shall apply to an insane person who has
hv the court been committed to the care of some person out of jail, in
pursuance of the terms of this section, as if said insane person was
confined in jail.

§ 1694. When no allowance to officers.—No officer shall be allowed
anything for carrying an insane person to or from any hospital, either
for himself or insane person, unless he shall have previously ascertained
that there was a vacancy therein. :

$1695. Allowance to jailor, and for clothing..—The allowance to
the jailor for the maintenance and care of an insane person shall be
fixed hv the court in whose jail he is confined, not exceeding fiftv cents
for each dav such insane person is kept and supported therein. No
more shall be allowed for his clothing than thirty dollars a year, and all
claims against the commonwealth for keeping and supporting insane
persons in jail and for clothing, medicine, and medical attention fur-
nished them therein shall be itemized and made out separate from
other claims against the commonwealth: and the auditor of public
accounts shall keep separate account of such expense and make a
separate report thereof to the governor annually. No such allowance
shall be audited and paid unless it appears in the certificate of it that
the jailer proved to the court that, immediately after the commitment
of the insane person and at least once in everv month thereafter, appli-
cation was made to the superintendents of each of the hospitals for
admission, and that such application was refused for want of room,
or that such applications were not continued because the admission of

the insane person had been refused for some other cause than the
want of room.
§ 1696. Apportionment of pay of nurse and pliysician.—When the
ame attendant, nurse, or physician is employed to attend the sick
fi any jail, as well insane persons as others, the court shall apportion
he allowance therefor, so as to ascertain how much is to be allowed
or each insane person.

§ 1697. When person adjudged insane, court to appoint committee
f him.—If a person be found to be insane by judge or justices of the
yeace before whom he is examined, or in a court in which he is charged
vith crime, as aforesaid, the court of the county or corporation of
vhich he is an inhabitant shall appoint a committee for him.

§ 1698. When committee of residents appointed in other cases.—If
, person residing in this state, not so found, be suspected to be insane,
he court of the county or corporation of which such person is an
nhabitant, shall, on the application of any party interested, proceed
© examine into his state of mind, and being satistied that he is insane,
hall appoint a committee of him.

§ 1699. When, of non-residents.—If a person residing out of the
tate, but having property therein, be suspected to be insane, the court
»f the county or corporation wherein the said property or greater part
»f it is, shall, upon like application and being satisfied that he is insane,
ippoint a committee of him.

1700. Concurrent jurisdiction of circuit courts.—The circuit courts
shall have concurrent jurisdiction with the county and corporation
courts, respectively, in the appointment of committees.

§ 1701. Bond of committee; clerk to certify copy, and so forth, to au-
ditor, to superintendent, and so forth; when sheriff or sergeant made
committee.—The court making such appointment shall take from such
committee a bond in such penalty as it mav deem sufficient; and in the
case of an insane person sent to a hospital or committed to jail, the clerk
of the court shall, within one month thereafter, transmit to the auditor
of public accounts a certified copy of such bond and of any order of the
court in relation to such insane person or his estate; and in one month
after such insane person is admitted into a hospital, the clerk shall
send copies of the said bond and orders to the board of directors o1
superintendent thereof. If any person appointed committee of an in.
sane person refuse the trust, or fail within two months from the date
of his appointment, if in a county or corporation court, or at the term
succeeding his appointment, if in a circuit court, to give bond as afore.
said, the court, on the motion of any party interested, may appoin
some other person committee, taking from such committee bond a:
aforesaid, or shall commit the estate of the insane person to the
sheriff of the county or sergeant of the corporation, who shall be th
committee, and he and the sureties in his official bond be hound for th
faithful performance of the trust.

§ 1702. Powers and duties of committees—The committee of at
insane person shall be entitled to the custody and control of his person
(when he resides in the state, and is not confined in a hospital or jail)
shall take possession of his estate, and may sue and be sued in respec
thereto, and for the recovery of debts due to or from the insane person
He shall take care of and preserve such estate and manage it to th
best advantage; shall apply the personal estate, or so much as may b

Canale
necessary, to the payment of the debts of such insane person, and the
rents and profits of the residue of his estate, real and personal, and the
residue of the personal estate, or so much as may be necessary, to the
maintenance ot such insane person and of his family, if any; and shall
surrender the estate, or so much as may be accountable for, to such
insane person, if he shall be restored to sanity, or the real estate to
his heirs or devisees and the personal estate to his executors or ad-
ministrators in case of his death without having been so restored to
sanity.

$1703. When and where committee may petition for sale of real
estate.—If the personal estate of such insane person be insufficient for
the discharge of his debts, or if the personal or residue thereof, after
payment of debts and the rents and profits of his real estate be insuthi-
cient for his maintenance and that of his family, if any, the committee
of his estate may petition the court by which he was appointed for
authority to mortgage, lease, or sell so much of the real estate of such
INsane person as may be necessary for the purposes aforesaid, or anv of
them, setting forth in the petition the particulars and amount of the
estate, real and personal, the application which has been made of anv
personal estate and an account of the debts and demands existing
against the estate.

S 1704. Reference of petition to commissioner.—On the presenting
of such petition, it shall be referred to a commissioner in chancery to
inquire ito and report upon the matters therein contained, whose
duty it shall be to make such inquiry, to hear all parties interested in
such real estate, and to report thereon with all convenient speed.

S$ 1705, Action of court on report; application of proceeds of sale.—
Tf, upon the coming in of the report and examination of the matter.
if shall appear to the court to be proper, an order shall be entered for
the mortyaving, leasing, or sale (on such terms and conditions as the
court may deem proper) of so much of the said real estate as may be
necessary; but no conveyance shall be executed until the sale shall have
been contirmed by the court. The proceeds of sale shall be secured and
applied under the order of the court.

< 1706. When, to whom, and by whom, expenses of insane persons are
paid.—There shall be paid out of the estate of any insane person to such
person as the board of directors of the hospital in which he is or has
been confined may designate all the expenses of his removal to or
from the hospital which have been paid out of its funds, and of his
maintenance and care therein; and into the public treasury all the
expenses paid thereout. The committee of such insane person, out
of his estate, shall pay such expenses of removal; and, quarterly in
advance for his support in said hospital, such sums as the board of
directors mav assess for the support of said patient from time to time,
and shall likewise pay into the public treasury the said expenses which
have been paid out of the same within three months after thev have
been so paid out. <All such expenses not paid by the committee shall
be paid by such insane person if he be restored to sanity, or by his
representatives, out of his estate, real or personal, whether in possession
at the time of his hecoming insane or acquired at any time afterwards.

§ 1707. Payment of expenses of insane infants and married women.—
The expenses of an insane infant (not paid by his committee) or mar-
ried women, incurring in his or her removal, maintenance, or care, shall
be paid within the time specified in the preceding section to such
person as the board of directors of the hospital may designate, or
into the public treasury, as the case may be, by the guardian, if
there be one who has sufficient funds in hands, or if no guardian
having sufficient estate of such infant, then by his father, or if no
father, by his mother, or by the husband of an insane wife. If the
husband has no sufficient estate the same shall be paid out of any estate
of the wife liable for her maintenance and support.

§ 1708. When and by whom claim for expenses may be released.—
The directors of any hospital, on behalf of such hospital, and the
auditor of public accounts, on behalf of the commonwealth, may, re-
spectively, in their discretion, release the whole or any part of any claim
of such hospital or the commonwealth for the expenses attending the
removal, maintenance, or care of an insane person, if he have a family
dependent upon his estate for support, or if the claim be against the
father, mother, or husband of the insane person, or if, in their opinion,
it be just and equitable that the said claim should be so released.

§ 1709. How recovered.—Any money for which any person is liable
to a hospital or to the commonwealth on account of an insane person
may be recovered, with interest from the time it ought to have been
paid, by warrant, suit, or motion, in the name of the hospital or of
the commonwealth, as the case may be. When the suit or motion is
brought by the hospital it may be in the circuit court of the county, or
circuit or corporation court of the corporation, in which the hospital
is or in which the defendant resides; and, in case of a motion, thirty
days’ notice thereof shall be given. |

§ 1710. Restriction on directors.—No director of a hospital shall be
personally interested in any contract in relation to the said hospital or
its support.

§1711. Penalties on officers.—If any director of a hospital, judge,
clerk of a court, sheriff, or other officer shall fail to perform any duty
required of him in this chapter, or offend against any prohibition con-
tained herein, he shall be fined not less than fifty nor more than one
hundred dollars.

§ 1712. Construction of words “insane person”; white and colored
insane persons; where received.—The words “ insane person,” whenever
they occur in this chapter, shall be construed to include every insane
person who is not an idiot. And nothing in this chapter shall be so con-
strued as to authorize or require a white person to be sent to or re-
ceived in the Central state hospital, or a colored person to be sent to
or received in any other than the said Central state hospital.

2. This act shall be in force from its passage.

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