An act to prevent the overcrowding of asylums for the insane.

[Approved March 9, 1885; Stats. 1885, p. 35.] Discharge of those improperly committed.

Section 1. No case of idiocy, imbecility, harmless chronic mental unsoundness, or acute maniaa-potu, heretofore or hereafter committed to either of the state asylums for the insane, whenever, in the opinion of the resident physician of any state asylum for the insane at Napa, after a careful examination of the case of any person committed to the asylum of which he is the chief executive officer, it shall satisfactorily appear that such person has been improperly committed, and comes under the rule of exemptions provided for in this act, he shall have the authority, and it shall be his duty, to discharge such person so improperly committed, and return him or her to the county from which committed at the expense of such county; and no person having been so discharged shall be again committed to either of the said asylums, unless permission for such commitment be first obtained from the resident physician or medical superintendent thereof; and in case a person so discharged shall be again committed without such permission, the resident physician or medical superintendent shall refuse to receive such person, and shall not permit such person to be received into the asylum under such commitment. Sec. 2. All acts and parts of acts in conflict

with the provisions of

pealed.

this act are hereby re

Sec. 3. This act shall take effect from and after its passage.

An act entitled An act to provide for the future management of the state asylums for the in

sane.

[Approved March 9, 1885; Stats. 1885, p. 32.] Insane able to pay for support.

Section 1. The judge of the superior court of any county in this state shall inquire into the ability of insane persons, committed by him to the asylum, to bear the actual charges and expenses for the time that such person may remain in the asylum. In case an insane person committed to the asylum under the provisions of this act shall be possessed of real or personal property sufficient to pay such charges and expenses, the judge shall appoint a guardian for such person, who shall be subject to all the provisions of the general laws of the state in relation to guardians, as far as the same are applicable; and when there is not sufficient money in the hands of the guardian, the judge may order a sale of the property of such insane person, or so much thereof as may be necessary, and from the proceeds of such sale the guardian shall pay the board of trustees the sum fixed upon by them each month, quarterly in advance, for the maintenance of such ward; and he also shall, out of the proceeds of such sale, or such other funds as he may have belonging to such ward, pay for such clothing as the resident physician shall, from time to time, furnish such insane person; and he shall give a bond, with good and sufficient sureties, payable to the board of trustees, and approved by the judge, for the faithful performance of the duties required of him by this act, as long as the property of his insane ward is sufficient for the purpose. If indigent insane persons have kindred of degree of husband or wife, father, mother, or children, living within this state, of sufficient ability, who are otherwise liable, said kindred shall support such indigent insane person to the extent prescribed

for paying patients. The board of trustees shall furnish such blank bonds as are required by this section, to the several judges in this state. A breach of any bond provided for in this act may be prosecuted in the superior court of any county in this state in which any one of the obligors may reside, and the same shall be prosecuted by the district attorney of the county in which the action shall be brought, and shall be conducted throughout, and the judgment enforced, as in a civil action for the recovery of a debt. Should there remain in the hands of the board of trustees, or their treasurer, at the time any insane person is discharged, any money unexpended, so paid by the guardian or kindred, the same shall be refunded; provided, that the board of trustees shall not be required to refund any money for a fraction of a month; but upon the death of any insane person, after paying the ordinary burial expenses, the remainder of any moneys received from the guardians, or on deposit with the board of trustees or their treasurer, shall be refunded to the person or persons thereto entitled, on demand. Any moneys found on the person of any insane person at the time of arrest shall be certified to by the judge and sent with such person to the asylum, there to be delivered to the treasurer, to be applied to payment of the expenses of such person while in the asylum; but upon the recovery of such insane person, all sums remaining, after deducting such expenses, shall be returned to such person when discharged from the asylum. All moneys belonging to the state, received by the board of trustees, other than that appropriated by the state, shall be kept by said trustees in a separate fund, to be known as a contingent fund, and the same shall, by the said trustees, be expended at such times and in such manner as to the said board appears for the best interest of said asylum, and for the improvement thereof, and of the grounds and buildings therewith connected. A full, strict, and itemized account of all such receipts and expenditures shall be included in the biennial report of said board of trustees. The kindred or friends of an inmate of the asylum may receive such inmate therefrom on their giving satisfactory evidence to the judge of the

court issuing the commitment that they, or any of them, are capable and suited to take care of and give proper care to such insane person, and give protection against any of his acts as an insane person. If such satisfactory evidence appear to the judge, he may issue an order, directed to the trustees of the asylum, for the removal of such person; but the trustees shall reject all other orders or applications for the release or removal of any insane person, except the order of a court or judge on proceeding in habeas corpus; and if, after such removal, it is brought to the knowledge of the judge by verified statement that the person thus removed is not cared for properly, or is dangerous to persons or property by reason of such want of care, he may order such person returned to the asylum.

Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Sec. 3. This act shall take effect immediately.

An act to provide for the maintenance, support, and discharge in certain cases of insane persons confined in the state asylum for the insane, and for the control and management of a resulting contingent fund.

[Approved March 19, 1889; 1889, 329.] Inquiry as to ability of insane person to support himself.

Section 1. It shall be the duty of the sheriff of any county in this state, or other officer, immediately upon arresting any person charged with being insane, to notify the district attorney of the county in which said arrest is made of the fact of such arrest, and it shall be the duty of the district attorney of any county in this state, at the time of the commitment of an insane person to any state asylum of this state for the insane, by the judge of the superior court of such county, to make diligent inquiry into the ability of such insane person to bear the actual charges and expenses of maintenance and support for the time that such person may remain in the asylum, and said district

Insane.

attorney shall forthwith notify the board of trustees, or board of directors, as the case may be, of the asylum to which such insane person shall be committed, of the result of such inquiry. Application for appointment of guardian.

Sec. 2. In case such insane person shall be, or shall thereafter become, the owner of property, real, personal, or mixed, it shall be the duty of the district attorney of the county from which such person shall have been committed, in case such insane person has no general guardian, to apply to the judge of the superior court making the order of commitment, for the appointment of a general guardian of the person and estate, or either, of such insane person; such application and appointment to be made in the manner as provided by the codes of this state for the application for appointment and appointment guardians of infants and incompetent persons. Hearing of application.

of

Sec. 3. At the hearing of such application witnesses may be subpoenaed as in civil cases, and examined under oath to determine the character and value of the property of such insane person. Upon proof of the existence of property-real, personal, or mixed-belonging to such insane person, the judge or court hearing the application shall appoint a general guardian of the person and estate, or either, for such person, who shall be subject to all the provisions of the codes and general laws of this state in relation to guardians in other cases, as far as the same may be applicable. If at any time there is not sufficient money in the hands of the guardian to pay the maintenance and support of said insane person, cost as hereinafter provided, and said insane person of the has other property, the judge of said superior court, or court, shall, upon the application of the guardian, or in case he shall neglect to apply, of the president of the board of directors or board of trustees; as the case may be, of the asylum to which such insane person has been committed or removed, order a sale of the property of such insane person, or so much thereof as may be necessary to pay the charges and expenses of maintaining and supporting such iusane person at said