LAWS OF THE STATE OF ILLINOIS,

PERTAINING TO LUNATICS, IDIOTS, DRUNKARDS, AND SPENDTHRIFTS.

(Revised Statutes 1874, pp. 681-4.)

AN ACT

To revise the law in relation to the commitment and detention of lunatics. Approved March 21, 1874. In force July 1, 1874.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. [PETITION.] That when any person is supposed to be insane or distracted, any near relative, or in case there be none, any respectable person residing in the county, may petition the Judge of the County Court for proceedings to inquire into such alleged insanity or distraction. For the hearing of such application, and proceedings thereon, the County Court shall be consid ered as always open.

SEC. 2. [WRIT-SERVICE] Upon the filing of such petition, the judge shall order the clerk of the court to issue a writ, directed to the sheriff or any constable, or the person having the custody or charge of the alleged insane or distracted person, unless he shall be brought before the court without such writ, requiring the alleged insane person to be brought before him at a time and place to be appointed for a hearing of the matter. It shall be the duty of the officer or person to whom the writ is directed to execute and return the same, and bring the alleged insane person before the court as directed in the writ.

SEC. 3. [SUBPOENAS.] The clerk shall also issue subpoenas for such wit nesses as may be desired on behalf of the petitioner, or of the person alleged to be insane, to appear at a time fixed for the trial of the matter.

SEC. 4. [JURY-TRIAL.] At the time fixed for the trial, a jury of six persons, one of whom shall be a physician, shall be empaneled to try the case. The case shall be tried in the presence of the person alleged to be insane, who shall have the right to be assisted by counsel, and may challenge jurors as in civil cases. The court may, for good cause, continue the case from time to time.

SEC. 5. [VERDICT-FORM.] After hearing the evidence, the jury shall render their verdict in writing, signed by them, which shall embody the substantial facts shown by the evidence, which verdict may be substantially in the following form:

(naming the

We, the undersigned, jurors in the case of person alleged to be insane), having heard the evidence in the case, are satisfied that is insane, and is a fit person to be sent to a State hospital for the insane; that he is a resident of the State of Illinois, and county of that his age is

supposed to be

; that his disease is of ........ duration; that the cause is (or is unknown); that the disease is (or is not) with him hereditary; that he is not (or is) subject to epilepsy, and that he does (or does not) manifest homicidal or suicidal tendencies. (If the person be a pauper, the fact shall also be announced in the verdict.)

68

LAWS RELATING TO LUNATICS, ETC.

SEC. 6. [VERDICT RECORDED - ORDER OF COMMITTAL-APPLICATION.] Upon the return of the verdict, the same shall be recorded at large by the clerk, and if it appears that the person is insane, and is a fit person to be sent to a State hospital for the insane, the court shall enter an order that the insane person be committed to a State hospital for the insane; and thereupon it shall be the duty of the clerk of the court to make application to the superintendent of some one of the State hospitals for the insane for the admission of such insane person. SEC. 7. [TO WHICH HOSPITAL-APPLICATION, ETC.] If such insane person is a pauper, the application shall be first made to the nearest hospital; but if he be not a pauper, application shall be made to such one of the State hospitals for the insane as the relatives or friends of the patient shall desire. In any case, if, on account of the crowded condition of any one of the hospitals, or for other good reason, the patient cannot be received therein, or it is not desirable to commit him thereto, he may be committed to any other of said hospitals. Upon receiving any such application, the superintendent shall immediately inform the clerk whether the patient can be received, and if so, at what time; and if not, shall state the reason why.

SEC. 8. [WARRANT TO COMMIT.] Upon receiving notice at what time the patient will be received, the clerk shall, in due season for the conveyance of the person to the hospital by the appointed time, issue a warrant directed to the sheriff, or any other suitable person, preferring some relative of the insane person when desired, commanding him to arrest such insane person and convey him to the hospital; and, if the clerk is satisfied that it is necessary, he may authorize an assistant to be employed.

SEC. 9. [FORM OF WARRANT.]

The warrant may be substantially as

You are hereby commanded forthwith to arrest

who has been

declared to be insane, and convey him to the Northern (or as the case may be) Illinois Hospital for the Insane (and you are hereby authorized to take to your aid an assistant, if deemed necessary), and of this warrant make due return to this office after its execution.

Witness my hand and the seal of the county court of ..... county this.... day of. A. D. . . . .

[L. S.]

the

SEC. 10. [INDORSEMENT-RETURN.] Upon receiving the patient, superintendent shall indorse upon said warrant a receipt as follows:

NORTHERN (or as the case may be) ILLINOIS HOSPITAL
FOR THE INSANE.

Received this ... day of

A. D.,

within warrant.

Superintendent.

This warrant, with a receipt thereon, shall be returned to the clerk, to be filed by him with the other papers relating to the case.

SEC. 11. [WHO NOT ADMITTED--IDIOTS DISCHARGED.] No person having any contagious or infectious disease, and no idiot, shall be admitted to either of the State Hospitals. When the trustees and superintendent shall find that an idiot has been received into the hospital, they may discharge him.

SEC. 12. [TEMPORARY COMMITMENT.] If the court shall deem it necessary, pending proceedings, and previous to verdict, or after verdict and pending admission into the hospital, temporarily to restrain of his liberty the person alleged to be insane, then the court shall make such order in that behalf as the case may require, and the same being entered of record, a copy thereof certified by the clerk shall authorize such person to be temporarily detained by the sheriff, jailer, or other suitable person to whom the same shall be directed.

LAWS RELATING TO LUNATICS, ETC.

69

SEC 13. [COSTS] When a person, not a pauper, is alleged to be insane, and is found by the jury not to be insane, the cost of the proceeding, including the fees of the jury, shall be paid by the petitioner, and judgment may be awarded against him therefor. If such person is found to be insane, such costs shall be paid by his guardian, conservator, or relatives, as the court may direct. If the person alleged to be insane is a pauper, the costs of the proceeding, including the fees of the jury, shall be paid out of the county treasury: Provided, if such pauper is found not to be insane, the court may, in its discretion, award the costs against the petitioner.

SEC. 14. [WHO TO PAY EXPENSES-SHERIFF'S FEES.] The expense of conveying a pauper to the hospital shall be paid by the county in which he resides, and that of any other patient by his guardian, conservator or relatives; and in no case shall any such expense be paid by the State, or out of any funds for the insane. The fees of the sheriff for conveying any person to a hospital, shall be the same as for conveying convicts to the penitentiary.

SEC. 15. [BOND TO FURNISH CLOTHING, ETC.] If the person be not a pauper, then one or more persons, relatives or friends of the patient, shall, upon his admission into the hospital, become responsible to the trustees for finding the patient in clothes, and removing him when required; and shall execute a bond, conditioned as follows, viz:

and ........ of the county

Know all men by these presents, that we of........, State of Illinois, are held and firmly bound unto the trustees of the Northern (or as the case may be) Illinois Hospital for the Insane, in the sum of one hundred dollars ($100), for the payment of which we jointly and severally bind ourselves firmly by these presents. insane person of

The condition of this obligation is, that whereas the county and State aforesaid, has been admitted as a patient into said hospital for the insane: Now, therefore, if we shall find said patient in suitable and sufficient clothing whilst .. may remain in said institution, and shall promptly pay for such articles of clothing as it may be necessary to procure for said at the hospital, and shall remove from said hospital when required by the trustees to do so, then this obligation to be void, otherwise to remain in full force.

Witness our hands and seals, this ...... day of

A. D

[SEAL.] [SEAL.]

SEC. 16. [CLOTHING.] The clothing to be furnished each patient upon being sent to the hospital, shall not be less than the following: For a male, three new shirts, a new and substantial coat, vest, and two pairs of pantaloons of woolen cloth, three pairs of woolen socks, a black or dark stock or cravat, a good hat or cap, and a pair of new shoes or boots, and a pair of slippers to wear within doors. For a female, in addition to the same quantity of undergarments, shoes and stockings, there shall be two woolen petticoats or skirts, three good dresses, a cloak or shawl, and a decent bonnet. Unless such clothing be delivered in good order to the superintendent, he shall not be bound to receive the patient.

SEC. 17. [PAUPERS-COUNTY TO FURNISH CLOTHING, ETC.] If the insane person be a pauper, it shall be the duty of the judge of the county court to see that he is furnished with the necessary amount of substantial clothing at the time he is sent to the hospital, and from time to time while he remains a patient in the hospital, and that he be removed therefrom when required by the trustees; the expense of such clothing and removal shall be paid out of the county treasury, upon the certificate of the judge of the county court.

SEC. 18. [DISCHARGE OF PATIENT-NOTICE-REMOVAL.] Whenever the trustees shall order any patient discharged, the superintendent shall at once notify the clerk of the county court of the proper county thereof, if the patient is a pauper, and if not, shall notify all the persons who signed the bond required in section 15 of this act, and request the removal of the patient. If the patient be not removed within thirty days after such notice is received, then the super

70

LAWS RELATING TO LUNATICS, ETC.

intendent may return him to the place from whence he came, and the reasonable expense thereof may be recovered by suit on the bond, or in case of a pauper, shall be paid by the proper county.

SEC. 19. [NON-RESIDENT PATIENTS.] Whenever application shall be made for a patient not residing within the State, if the superintendent shall be of opinion that from the character of the case it is probably curable, and if there be at the time any room in the hospital, the trustees, in their discretion, may order the patient to be admitted, always taking a satisfactory bond for the maintenance of the patient, and for his removal when required. The rate of maintenance in such cases shall be fixed by the trustees, and two months' pay in advance shall be required. But no such patient shall be detained without the order of a court of competent jurisdiction, or a verdict of a jury.

SEC. 20. [RESTORATION TO REASON-DISCHARGE.] When any patient shall be restored to reason, he shall have the right to leave the hospital at any time, and if detained therein contrary to his wishes after such restoration, shall have the privilege of a writ of habeas corpus at all times, either on his own application, or that of any other person in his behalf. If the patient is discharged on such writ, and if it shall appear that the superintendent has acted in bid faith, or negligently, the superintendent shall pay all the cost of the proceeding. Such superintendent shall, moreover, be liable to a civil action for false imprisonment.

SEC. 21. [COUNTY HOSPITAL.] This act shall not be construed to prevent the committing of any insane pauper to the hospital for the insane of the county in which he may reside, where such a hospital is provided.

SEC. 22. [TRIAL BY JURY NECESSARY] No superintendent, or other officer or person connected with either of the State hospitals for the insane, or with any hospital or asylum for insane or distracted persons in this State, shall receive, detain, or keep in custody, at such hospital or asylum, any person who shall not have been declared insane by the verdict of a jury, and authorized to be confined by the order of a court of competent jurisdiction; and no trial shall be had of the question of the sanity or insanity of any person before any judge or court, without the presence of the person alleged to be insane.

SEC. 23. [PENALTY.] If any superintendent, or other officer or person connected with either of the State hospitals for the insane, or with any hospital or asylum for insane or distracted persons in this State, whether public or private, shall receive or detain any person who has not been declared insane by the verdict of a jury, and whose confinement is not authorized by the order of a court of competent jurisdiction, he shall be confined in the county jail not exceeding one year, or fined not exceeding $500, or both, and be liable civilly to the person injured for all damages which he may have sustained; and if he be connected with either of the insane hospitals of this State, he shall be discharged from service therein.

PROCEEDINGS FOR CONSERVATOR.

SECTION 1. * * * That whenever any idiot, lunatic, or distracted person, has any estate, real or personal; or when any person, by excessive drinking, gaming, idleness, or debauchery of any kind, so spends, wastes, or lessens his estate as to expose himself or his family to want or suffering, or any county, town, or incorporated city, town, or village, to any charge or expense for the support of himself or his family, the county court of the county in which such person lives shall, on the application of any relative or creditor, or if there be neither relative or creditor, then any person living in such county, order a jury to be summoned to ascertain whether such person be idiot, lunatic, or distracted, a drunkard, or such spendthrift; and if the jury return in their verdict that such person is idiot, lunatic, or distracted, or drunkard, or so spends, wastes, or lessens his estate, it shall be the duty of the court to appoint some fit person to be conservator of such person. (SEC. 1. Rev. Stat., Ill., '74, p. 685.)