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BY AUTHORITY. AN ACT for the government of the Indiana Hospital for the Insane. Seetion 1. Be it enacted by the General Assembly of the State of Indiana, ‘There shall be six commissioners of the Indiana Hospital for the Insane to be elected by joint view once vote of the General Assembly of this State, who shall serve six years from the day of appointment. The present commissioners shall serve out their respective terms as hecetatera fixed by law, and as vacancies occur, they shall be filled by the appointment of the Governor, to serve until the next meeting of the Gene ral Assembly of the State. ‘the commissioners, before enter ed on the duties of their office, shall severally take on oath of affirmation, faithfully and impartially to discharge their duties as such commissioners, and in all respects conform to the laws in force relating to said hospital. Sec. 2. The commissioners shall be intrusted with the gen eral control and management of the hospital; they shall pre scribe rules, regulations and by-laws for the government of the same, conduct its affairs agreeably to the requirements of the legislature, and such rules, regulations and by-laws as they may establish; they shall also have authrity as soon as any portion of the hospital shall be ready for the reception of pa tients, to appoint 1 superintendent to take charge of the pa tients and hospital as it may from time to time be finished, and shall also have authority to appoint a matron, and such assis tant physicians, steward and other principal officers as they may deem necessary to an efficient and economical adminis tration of the affairs of the institution. ‘They shall, in their rules, regulations and by-laws for the government of the hos pital, prescribe the duties of the respective officers, their tenure of office, and determine the salaries of those officers, except as otherwise provided by law. ‘The commissioners may at their pleasure remove from office any officer of said institution except the superintendent, and they may remove the superin tendent for incompetency, wilful neglect or refusal to discharge any of the duties devolving on him as such superintendent, or for any misconduct on his part which might render in unfit and improper for him to continue longer the superintendent of the institution. Here. 3. Two of the commissioners still visit the hospital to gether monthly, a majority of them together semi-annually, and all the commissioners together shall make at the visit diving the year. An annual meeting of the row ers shall be held on the second Tuesday of November. 1 Sre4. The commissioners shall keep a full account of their proceedings in a book to be provided for that purpose; the of ficers of the institution shall make reports to the commmission ers as the commissioners from time to time may require; the superintendent shall make a full report to them at their annual meeting; the‘treasurer shall also at the same time make a full re port to them of the operations in his offce'relating to the hospital; the commissioners at that meeting shall make a full report to the General f Assembly; the report of the suprintendent and treasurer shall accompany the report of the commisssion ers. Sree. a. ‘The commissioners may take and hold in trust for the hospital any lanis conveyed or devised, and any money or other personal property given or bequeathed, to be applied to any purposes connected with the institution. Src. 6. ‘The 'treasurer of Luce shall be the treasurer of the hospital, and shall collect all debte due thereto, and for any mis feasance mal feasance or non-feasance he ant his sureties shall be liable as in other cases. Sic. 7% ‘The superintendent heretofore appointed wider the act entitled ‘an act authorizing the erection of a suitable build ings for the use of the Indiana hospital for the sinaane,” approved January 19, 1846, to superintend the erection of said hospital, and the improvement of the hospital grounds, shall continue to discharge the duties required by hint by the law heretofore in force in relation to the same, and he shall not be considered superceeded in any of those particulars by the superintendent au thorized by this act to be appointed to take charge of the patients and hospital as from time to time finished for the reception of patients; but that the duties of each shall remain seperate and distinct, the former to superintend the erection and finish ing of the building and improvements of the lands; and the latter to superintend and take charge of the patients and hos pital ag finished as in this act provided. Provided nothing here in contained shall make it the imperative duty of the commis sioners to continue to keep a superintendent to superintend the erection of the building and the improvement of the grounds, if their opinion the same can be advantageously dispensed with. Sec. 8. The superintendent to be appointed under this act shall be a physician, and a person of acknowledged skill and ability in this profession. he shall reside in the hospital, de vote his entire time and attention to the same and the patients therein, and shall not engage in the practice of his profession out of the hospital: he shall receive for his services an annual salary to be determined and fixed by the commissioners, which shall be paid quarterly out of the State treasury upon the war rent of the Auditor of State, and shall also have the hoarding of himself and family in the hospital free of charge.He shal continue in office six years, unless sooner removed by the com missioners, and before entering on the duties of his office, shall take an oath or affirmation that he will diligently, fachfully did impartially discharge all the duties required of him by an. arc. 9. The superintendent shall be the chief executive of ficer of the hospital, and shall have the care and control of ev ery thing connected therewith; he shall see that the several officers of the institution faithfully and diligently discharge their respective duties; he shall employ such attendants nurses, servants and other persons as he may think proper, and assign them their duties, and may at pleasure discharge them; he shall receive from the proper persons the patients entitled to admission into We hospital, and when cured discharge them; in all cases, however, he shall be subject to the control of the commissioners. Sec. 10. ‘The superintendent shall provide official seal for the hospital, upon which shall be the words, “Indiana Hos pital for the Insane;” he shall make reports to the commission ers as by section four of this act is required, and in all things he shall conform to the requirements of the legislature, and to the rules, regulations and by-laws made by the commission ers for the government of the hospital, its officers and inmates. COMMISSION OF PATIENTS, Sec. 11. Insane persons residing in this State, and having a legal settlement in any county therein, shall be supported and receive medical treatment in the hospital at the expense of the State, subject to the limitations and restritions hereinafter men tioned. ‘I’l entitle such persons to admission in the hospital the following proceedings shall be had : Some respectable citizen reziting in the proper county shall file, with one of the associate judges of such county, a state ment in writing which shall be substantially as follows: State of Indiana —— county SS, The undersigned, a citizen of the State of Indiana, hereby states as follows, that ———— (naming the person) as insane, His insanity is of duration, (or his living at large is dangerous to the safety of the community,) he has a legal settlement in - - -- township in this county, and is a resident of the State of Indiana. These facts can be proven by - and — : (naming at least two persons, one of whom shall be a relta ble physician.) Dated this day of A. l—— A.B. Src. 12. The assoriate judge stall thereupon order the clerk of the circuit court of uch county to issne supbarnas for the persons named as witnesses, and such other persons as he may think proper, commanding them to appear before him at the court house in such county at a specified time to testify con cerning the fects set forth in said statement. Suphoenas may also be issued for witnesses on behalf of the person alledged to be insane. Sec. 13. Before the time specified for the appearance of the witnesses, the judge ordering the subpoen is to issue with the other associate judge in said county, and in case such other as socate in absent or unable to attend, then with the probate judge, and if the other associate judge and the probate judge are both absent or unable to attend, then the associate judge ordering the subpoena shall visit the person alledged to be in sane; the judge ordering the subpoena may, if he deems it nec essary, employ some respectable physician of such county, best acquainted with the person alledged to be insane, to accom pany him or them on such visit. Sec. I. At the time appointed (unless the investigation shall be adjourned over to some other trme,) the judges or judge, as the case may be, and as in the thirteenth section of this act provided, shall proceed to examine the witnesses in attendance; at least one of the witnesses examined shall be a physi cian. Sec. 15. If after such visit and inquest the judges or judge, as the case may be, shall be satisfied of the truth of the facts set forth in the statement, they shall require the medical wit ness forthwith to make out a certificate sawing forth.— 1. That the patient is free from any infections, diseave or vermin. 2. The age of the patient, and a concise history of his cause. 3. The duration of the disease, dating from the first symp toms. 4. The supposed exciting cause of the disease. 4. Whether the disease is hereditary. 6. Whether the patient has been sobjser to epilepsy. 7. Whether the patient has made any attempt to commit any violence on himself or others. _ 8. The medical treatment pursued in the case, any other circumstances known to the physician, tending to throw light upon the subject. She judges or judge, as the case may be, shall likewise forth will make out a certificate, which shall be substantially ae for- One f The State of Indiana county ‘SS. We (or I.) the undersigned associate judges (or judge, or as sociate and probate judges, as the case may be,) in and for said county, hereby certify that we (or [, as the case may be,),have visited ——— of said county, a person allodged to be insane, and have this day held an inquest in regard to him according to law ; we are (or I am,) satisfied that he is insane, that he is a fit subject to be sent to the Indiana Hospital for the Insane to undergo treatment therein; that his disease is of duration, 6 if his living at large would be dangerous to the community, we are well satisfied that his living at large would be dangerous to the safety of the community; that he is a resident of the State of Indiana, and he has a legal settlement in—— —town ship in said county. Witness our hands this —day of A.D A. C. D. Src. 1G. Hf after such visit and inquest the judges or jugge, as the case may be, shall not be satisfied of the existence of either of the facts necessary to be certified, to entitle the per son alleged to be insane, to admission into the hospital; they or he, shall make out a certificate in the same form with that re quired by the proceeding section, setting forth the necessary facts of which they are satisfied and the necessary facts which are not established to Uick satisfaction. The medical witness shall also make out 2 certificate as above required. See. 17.. Immediately after the inquest the judges or judge, as the case may be, shall deposit with the clerk of the client, court the statement in writing, their or his certificate, and that of the medical witness, all of which the said clerk shall label, file and carefully preserve in his office. It shall be the duty of the clerks in the circuit courts in their respective counties to attend such investigation, and keep a book in which the nature of the proceedings,and all matters relating to the investigation shall be recorded ; and the clerk shall make out a bill of the costs, and certify the same to the county auditor, and upon this warrant the same shall be paid by the county treasurer. Sec. 18. The clerk of the circuit court, upon receiving the certificate of the judges or judge, as the case may be, and the certificate of the medical witness, made out according to the fifteenth section of this act, shall forthwith apply to the super intendent for the admission of such person into the hospital. He shall at the same time transmit copies, under the seal of the client court, of said certificate. Upon receiving the appli cation, the superintendent shall immediately advise the clerk when the patients can be received. The clerk shall thereupon, in due season for the conveyance of such person to the hospital by the time appointed, issue his warrant to the sheriff or any other suitable person, commanding him forthwith to arrest such insane person and convey him to the hospital. If the clerk be saliviied of its necessity, he may authorize one or more assis tants to be employed; said warrant shall be substantially ae Fal nears . LUMED The State of Indiana - — county 3S. To —-~—— Greeting Wnersas, the proceedings necessary to entitle--—10 be admi tted into the Indiana Hospital for the Insane as a patient, have add been according to law, you are hereby commanded forth with to arrest said person and convey him to said hospital, (and you are hereby authorized to take to your aid —— assistants, if deemed necessary by you.) After executing the warrent, you shall make due return thereof to this office. Witness my wand and the seal of the circuit court, this day of Ai Deas, Clerk. Upon receiving the patient the superintendent shall endorse upon said warrant a receipt substantially as follows: Indiana eee for the Insane —~—A. D——. . Received this day of the patient named in the within warrant. — —— . Superintendent. This warrant, with the receipt thereon, shall be returned to the clerk who issued the sate, and shall be filed by him with the other papers relating to the case. Provided, that in all cases the relations of the insane person shall have a right, if they choose, to convey him to the hospital; in such case the warrant shall be directed to one of them, and the person to whom it is directed and its assistants, shall if demanded, receive the same compensation allowed for like services by others. Provided also, that if the medical witness shall not state in his certifi cate that the patient is free from any infectious disease, and from vermin, it shall not be the duty of the clerk to apply to the superintendent as herein before provided. Src.19. When a patient is sent to the hospital it shall be the duty of the clerk to see that the patient is supplied with the proper clothing, and if not otherwise furnished the clerk shall purchase it, and in such case the same shall be paid for upon the certificate of the clerk, and the order of the county anilitor, out of the county treasurer. For a male patient, such clothing whole be as follows: A goat, vest and two pairs of pantaloons, all of woolen cloth, two pairs of woolen socks, two pocket handkerchiefs, a black stock or handkerchief for the neck, a good hat of fur or silk, for comfortable cap, a pair of shoes or boots, and at least two cotton shirts, and such outside garment ag will be sufficient to protect him in severe weather. For a female patient such clothing shall be as follows: Two sub stantial gowns or dresses, two flannel petticoats, two pairs of woolen stockings, one pair of shoes, two handkerchiefs, a de cent bonnet, a least two cotton shemises, and a large comforta ble shawl or cloak. In both cases the articles of clothing shall be new, or as good as new, and the woolens of a dark color. Such clothing shall be delivered in good order with the patient, to the superintendent, and without such clothing the superin tendent shall not be bound to receive the patient. Sec. 20. IF the clerk shall neglect to issue and deliver to the proper person a warrant for the conveyance of the patient to the hospital, as hereinafter required, or if the person to whom the warrant is directed shall not, within fifteen days after the receipt thereof, deliver the patient to the hospital, the clerk or person so offending shall forfeit the sum of fifty dollars, to be recovered with costs in action of debt, in the name of the su perintendent, for the use of such patient; and if any insane person shall be conveyed to the hospital before the superintend ent shall have given notice that he can be received, as herein before provided, no fees or compensation whatever shall be paid to those by whom he or she was so conveyed. Sec. 21. If any person conveying a patient to the hospital under the provisions of this act, shall convey such patient in company with criminals going to the penitentiary, or shall suf fer such patient to drink ‘ardent spirits, the person so convey ing him and his assistants, shall forfeit all claim to the com pensation allowed them by this act. Src. 22. If according to the result of the inquest aforesaid the patient shall be entitled to admission into the hospital, the clerk shall direct how he shall be taken care of until he can be admitted, and if necessary may direct his confinement in the county jail; and if all things needful for his comfort, and proper care be not otherwise supplied, he shall furnish them, and the same shall be paid for out of the county treasurer on the certificate of the clerk and order of the county auditor. Sec. 23. Any patient may be discharged from the hospital upon the application of the superintendent to the commission ers, and the commissioners order thereupon. Incurable and harmless patients shall be discharged whenever such discharge is necessary to make room for a recent case as ordered by the commissioners. Rec. 24. Whenever an order shall be made out for the re moval of a patient from the hospital, the superintendent shall immediately give notice thereof under his official seal to the clerk of the circuit court of the county from which such patient was sent, and thereupon such clerk shall forthwith issue his warrant to the sheriff of said county, which warrant shall be substantially as follows : The State of Indiana county SS. To the sheriff of county greeting : Whereas, the proper authority has directed that to atient in the Indiana hospital for the insane, from this county, e removed from said hospital; you are therefore hereby com munded forthwith to remove said patient, and return him to township, in this county, whats he had a legal settle ment when he was taken to the hospital. Witness my hand and seal of the cirewit court this day of A.D. . Clerk. Immediately upon receiving such warrant it shall be the duty of the sheriff, by himself or deputy, forthwith to execute the game and return it to the clerk by whom it was issued, and if any clerk, upon receiving such notice, shall refuse or neglect for the space of five days to issue and place such warrant in the hand of the sheriff or issues, sheriff shall refuse to receive the same, or neglect for the space of twenty days after receiving the warrant to demand such patient of the superintendent, the patient shall be charged from the date of the notice to the clerk until his removal, at the same rates as pay patients, and the amount may be recovered in an action of assumpsit upon the indebitatus counts, with the costs of suit in the name of the superintendent against the clerk or sheriff o offending. Sec. 25. When a patient is discharged as cured the superin tendent shall furnish him with suitable clothing, and a sum of money not exceeding twenty dollars unless otherwise sup ied. Sec. 26. No idiot shall be admitted into the hospital, and every such patient therein shall be discharged. Sec. 27. If the application shall be made for the admission of more patients than the hospital can receive, a selection shall be made as follows: 1st Recent cases, (i. e.) when the disease is of less than one year duration, shall have the preference over all others in the same county. 2d Chronic cases, (i. e.) when the disease is of more than one years duration, presenting the most favorable prospect of recovery, shall be next preferred. 3. Those for whom applications have been the longest on file, other things being equal, shall be next preferred. 4. Each county shall be entitled to its just proportion, ac cording to its population, but the commissioners in the exer cise of a sound discretion, may, if necessary, give preference to recent cares from one county over chronic¢ cases from another county. Src. 28. When any State patient discharged from the hos pital as cured shall again become insane, any respectable phy sician may file with the clerk of the circuit court a certificate setting forth the recurrence of the disease, and such facts and suggestions relating thereto us her may been material ; upon receiving each certificate the clerk shall immediately transmit a copy thereof, authenticated by the seal of the circuit court, to the superintendent, and thereupon the same proceedings shall be had in all respects as when the certificate of the judg es or judge holding the inquest was transmitted. Sec. 29. Should any insane person elope from the hospital and return to the county from whence he was committed, it shall be the duty of the sheriff of said county, upon being no tified by the superintendent, forthwith to apprehend him and take him back to the hospital, and the sheriff shall be paid by the steward of the hospital by order of the superintendent, the same fees as provided in other cases for, the committment of in sane persons to the hospital, ban OF PAY PATIENTS AND THEIR ADMISSION. See. 30. No insane person not having a legal settlement in some county in this State shall be received into the hospital until satisfactory arrangements have been made with the su perintendent, under the direction of the commissioners, for his support and discharge or burial expenses. No such patient shall be admitted to the exclusion of one having a legal settle ment, and all such patients in the hospital shall be discharged if necessary to make room for those having such settlement. And insane persons who are residents in this State shall have prev ence over those who are transient or non-residents. Sec. 31. Before no such person shall be received into the institution, there shall be produced to the superintendent. 1 The receipt of the treasurer of State, acknowledging the pa tent of at least one month's charges in advance. 2. A fub ient bond, conditional as hereinafter required. 3. A certifi cate of some respectable physician, as required in section fif teen of this act. No other proceedings shall be necessary for the admission of patients. The bond above mentioned shall be substantially as follows: Know all men by these presents, that we ——, ——, of the county of y in the State of Indiana, are held and firmly bound unto the superintendent of the Indiana hospital for the the insane in the final sum of —— dollars, for the payment whereof we hereby bind ourselves jointly and severally, with out any relief whatever from valuation or appraisement laws of this State. Witness or hands and seals this day of A. D. The condition of this obligation is such, that whereas —— — of the county of in this State is about to be admitted as a pay patient into the said hospital. Now if while he shall remain therein, the undersigned shall constantly supply him with suitable clothing, and pay all charges of said hospital against him monthly in advance, and whenever his removal shall be required, immediately remove him, and if he shall es cape from the hospital, pay all reasonable charges incurred in retaking him, and if he shall die therein, pay all reasonable expenses incurred for his funeral, then this obligation shall be void, otherwise it shall be in full force. one ‘ SEAT] Sec. 32. If there shall be a balance in the treasury to the credit of such pay patient removed from the hospital, the treas urer shall pay it to the person authorized to receive the same upon the certificate or order of the superintendent. MISCELLANEOUS PROVISIONS Lec. 33. For all debts due to the hospital, an action may be maintained in the name of “the Superintendent of the Indiana hospital for the inane,” and if the action is not funded upon a sealed instrument, it may be in assumpset, and a declaration, if any is necessary, may be indebitnous count; and in any ac tion upon any bond given for the support or expenses of a pny patient, or in any other action for the support or expenses of a patient, or for the expenses of his removal from the hospital, the account therefore, officially certified by the superintendent, shall be prima facia evidence of the indebteness, and interest shall be chargable from the time the indebtedness accrued, and the impression of the official seal of the superintendent to a certificate or account, to which the signature of the superin tendent is annexed shall be prima facia evidence that such sig nature is the hand-writing of the superintendent. Sec. 34. The taxable costs and expenses to be paid under the provisions of this act shall be go follows: To the judges or judge, as the case may be, holding the in quisition, each three dollars per day. . . To the medical witnesses accompanying the judge or judges on their visit to the person aledged to be insane, or attending the investigation and making out a certificate as required in section fifteen of this act, three dollars per day. To other witnesses the same fees as are already allowed by law for the like services in other cases in the circuit court. To the clerk of the circuit court the same fees as are allow ed by law for the like services in other cases, and the amount of postage upon all communications to and from the superin tendent, which said clerk is required to pay. care to the sheriff for serving process herein, attending inquisi tion, the same fees as are allowed by law for like services in other cases, and for taking a patient to the hospital, or remov ing one therefrom upon the warrant of the clerk, mileage going and returning at the rate of eight cents per mile, and fifty cents per day for the support of each patient on his way to or from the hospital. 3 To each assistant allowed by the clerk, and accompanying the sheriff, milage at the rate of —— cents per mile for going and returning, the computation in both instances to be made from the county seat to the hospital by the nearest route usually traveled. To other persons discharging the duties of the sheriff, herein, as by this act provided, the same fies as are herein allowed to the sheriff, and the assistants of such person, the same fees as are herein allowed to the assistants of sheriffs. The costs specified in this section shall be paid out of the county treasury of the proper county, upon the certificate of the Clerk and the order of the county Auditor. Stc. 35. When any person shall be confined as insane, a writ of habeas corpus may be issued as in other cases, for his discharge, and the question of insanity shall be decided at the hearing. Provided, that if the jal: shall decide that the per son is insane, the decision shall be near to the issuing anoth er writ whenever it shall be alleged, that such person has since been restored to his reason. Sec. 36. Every word in this act importing the masculine gender shall extend and be implied to females as well as males; and any word importing the singular number only, or the plural number only, may be applied to one person or thing, as well as to several persons or sluices Sec. 37. No part of this act shall be construed to affect or change the laws heretofore in force, in relation to the erection and completion of said hospital, for the reception of patients, and the improvement of the hospital londa, nor in the manner of contracting for work, labor and materials there‘or, nor in the manner of paying for such work, labor and materials, but the same in all pas nework, shall be done according to the ban heretofore in force, in relation thereto. Sec. 38. There shall be no stay of execution, on any judg ment, rendered on any bond, claim, debt or demands dus the said hospital. Sec. 39. This act to take effect and be in force from and af ter the first day of July next, except so far as this act autho rzes the appontment of an additional commissioner, and so far it shall be considered in force from and after its passage. WILLIAM A. PORTER, Speaker of the House of Representatives, PARIS C. DUNNING, President of the Senate. Approved February 15, 1848. JAS. WHITCOMB, State of | ss, Joan H. Trospsex, Secretary of State, Indiana,| ~'* for the State aforesaid, certify that the afore said act, published in this day’s paper is correct and complete copies taken from the enrolled acts as the same remain on file in my office of Secretary as aforesaid. In testimony whereof, I have hereunto set my hand and affixed the seal of the State, at the City of In dianapolis, the 3rd day of April, A. D. 1548. JOHN H. THOMPSON, Secretary of State.
Newspaper Details
Indianapolis Indiana State Journal
Indianapolis, Indiana, US
Mon, Apr 10, 1848
Page 4
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Paul B.
USA 24 May 2026
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