KENTUCKY. GOVERNMENT OF ASYLUMS. 1. Establishment of asylums, titles, corporate powers, government vested in board of commissioners. 2. Board of commissioners, term of office, classification of, oath. 3. Appointment, from what county. 4. Organization, quorum, powers and duties; general control, by-laws and regulations, meetings, inspection of asylums; secretary and treasurer, not to be members of board; officers not to be interested in contracts, records. 5. Superintendent, qualifications, appointment, term of office; salaries of officers. 6. Superintendent, powers and duties of, control of asylum, register of patients, appointment of inferior officers, receiver, accounts of. 7. Assistant physician may fill office of superintendent, 8. Treasurer, bond and security of. 9. His powers and duties, report, illegal use of moneys, penalties. 10. Audit of accounts; warrants. 11. Steward, duties of; purchases, itemized accounts, control of grounds, inventory, illegal sale of supplies, bond, salary. 12. Special auditor appointed. 13. Exemption of officers from militia, road, and jury service; their evidence given by deposition. 14. Actions in behalf of asylums. 15. Statistics of asylums. 16. Expenses, statement of, warrants, how drawn, illegal use of public properties, penalties for. 17. Audit of claims. 18. Commissioners to report the number of idiots and incurables confined. 19. Temporary physicians. ADMISSION AND DISCHARGE. 22. Preference to residents over nonresidents. 23. Private patients admitted only after inquest. discharge. Regulations for 24. Private patients, charges for. 25. Support to be secured in advance, unexpended moneys refunded. 26. Fact of indigence of married person certified on inquest. 27. Indigent patient becoming entitled to property, charges for; liability of relations. 28. Expenses of commitment. 29. Appointment of counties, classification of insane, transfer of patients. 30. Idiot not admitted unless dangerous. 31. Discharge of idiots and incurables, commission for investigation, findings, to whom re-committed, duty of maintenance, place of confinement. 32. Discharge, expenses of. 33. Support of returned patients. 34. Returned patients, custody of in Louisville. 35. Jurisdiction of courts over insane. 36. Property of patients may be sold for support. 37. Guardians of insane, their powers and duties. 38. Suits against, how brought. 39. Guardians, when appointed. 40. Indigent insane, regulations for support. 41. Limit of expenses for. 42. Inquest of insanity by jury. 43. District attorney, duties at inquest. 44. Oath administered to jury. 45. Judgment upon verdict; verdict set aside at discretion of judge. Appearance of defendant, in discretion of judge. 46. 47. Indigent insane, expenses of in asylum, borne by state. 48. Investigation of mental ability. 49. Care of persons and estate, appointment of guardian. 50. Disposition of papers of inquest; inquiry into recovery. 51. History of the case to be submitted. 52. Liability of estate for support. 53. Certification of date of attack. 54. Payments by relatives refunded on production of certificate. 55. Expenses of commitment, fees for. 56. Previous regulations to be complied with, duty of officers. 57. Duty of superintendent on notice of commitment. 58. Penalty for attempting to introduce a pauper as a charge upon another county. 59. Epileptics not admitted to asylum. 60. Estate of patient sold for support. Act of 1876, ch. 900, § 1. Names of. 1. The three lunatic asylums of this state shall be, and are hereby, continued under their present organizaBodies politic. tion and the control of their present commissioners; and the commissioners, superintendents, stewards, and other officers shall hold their offices for the term for which they were respectively appointed, but subject to removal according to law. Each asylum is declared to be a body-politic and corporate, for the benefit of the state-that at Lexington, by the name of the "Eastern Kentucky Lunatic Asylum;" that at Hopkinsville, by the name of the "Western Kentucky Lunatic Asylum;" and that at Anchorage, by the name of the "Central Kentucky Lunatic Asylum;" and as such shall have perpetual succession; may have and use a common powers. seal; may make contracts; may sue and be sued; may receive any gifts or devises in aid of objects of its institution; and shall have all other rights and powers, incident to corporations, which are necessary and proper for carrying out the purposes for which it was established. The said corporations are severally invested with the title to all the property and rights of action now held by the institutions respectively.* 2. The board of commissioners for each asylum shall be Rights and Ibid § 2. of board of Vacancies composed of nine discreet business men, residing within six miles of the asylum, appointed by the governor by and with the consent of the senate, and he may fill vacancies that happen, in the recess of the senate, by granting commissions, which shall expire at the governor. end of its next session. The term of office of each commissioner shall be six years, except the boards appointed Term six yrs. first after the passage of this act. The board of commissioners of each and every of said asylums, at their first meeting, which shall be held at their respective asylums filled by *This act of 1876 and its amendments will also be found in General Statutes of 1881 as chapter 73. divided into on the first day of May, 1876, shall divide by lot Board to be their respective boards into three classes; three classes. commissioners shall be allotted to each class, and the seats of the first class shall be vacated on the first day of January, 1878; that of the second class vacated two years thereafter; that of the third class vacated four years thereafter from the first day of January, 1878, and so one class of three commissioners shall vacate every two years. Each commissioner, before entering upon the trust, shall take an oath Commis that he will well and faithfully discharge the take oath. duties thereof. sioners to 3. The governor is hereby authorized to appoint the commissioners for the respective asylums from the county in which the asylum is situated. Act of 1976, ch. 1012. § 1. Appointment. own numAct of 1876, Board to elect ch. 900, § 3. own presi dent; majority record must president, at is a quorum; 4. (1) The commissioners shall elect one of their ber president of the board. A majority shall constitute a quorum, but a concurrence of not less than a majority of all the board shall be necessary for the allowance of any claim or the transaction of any other business; and such proceedings shall not then be binding until the record thereof shall have been approved and signed by the president, and countersigned by the secretary. be signed by tested by sec retary. management. (2) They shall have the general management and control of all the land, buildings, funds, books, papers, and Board to have other effects and property of their respective asylums, and shall cause them to be used and applied in the way best calculated, in their judgment, to promote the objects for which the institution was established. They shall cause all state appropriations to be used as directed by law, and all private donations and grants to be sacredly applied to the purposes specified by the donors or the grantors; but the state reserves full control over the institutions, their officers, and affairs. (3) They shall make such by-laws and regulations as they may deem necessary for the government of the insti- By-laws. tutions and of all officers and employes connected with them. (4) They shall hold regular meetings at the asylums at least once in each month, and oftener, if the interests of Monthly the institution shall require. Meetings may be inspections. called by the president or any two commissioners. They shall meetings and maintain a vigilant inspection of the asylums, for which purpose one of them shall visit them every week, two in each month, a majority in each quarter, and the whole board once in every six months, in the manner and at times prescribed by the by-laws. The visiting commissioners shall note in a book kept for the purpose the date of each visit, the condition of the house, patients, etc., with such remarks. as may be deemed necessary. Any commissioner who cannot or will not comply with his duty as visvacates office. itor for three months shall vacate his office, and the president shall report the same to the governor, who shall fill the vacancy. Visits required of commission ers. Three months' noncompliance treasurer, appointmentterms of office. (5) They shall appoint a secretary and treasurer and matron Secretary and for the term of four years, and may remove them at their discretion, and fill their places with others. No secretary or treasurer shall be a member of the board of commissioners, and no commissioner nor other officer shall sell anything to the asylums nor make with them any contracts in which he is directly or indirectly interested, nor shall the office of secretary and treasurer be held by one and the same No officer shall sell anything to asy lum. Office of secretary and treasurer not to be held by same person. person. proceedings to be kept, and subject to Ibid § 4. (6) They shall keep a record of all their proceedings, which, Record of all together with the books of the secretary, treasurer, and steward, and other officers, and all books and inspection. papers of the institutions, shall always be open to the inspection of the superintendent or any commissioner, the governor, a committee of the legislature, or any person appointed by either the governor or the legislature for their examination. 5. There shall be for each asylum a medical superintendent, who shall be a skilful physician, and a steward; lums, how ap and for the eastern Kentucky asylum a first and a term of office. second assistant physician; and for the central Kentucky asylum, one assistant physician. These officers shall reside in the asylum. They shall be appointed by the govVacancies ernor, by and with the advice and consent of the senate; and he may fill vacancies that happen during the recess of the senate, by granting commissions that Subject to re- shall expire at the end of its next session. Their term of office shall be four years; but they shall Officers of asy pointed and filled by gov ernor. moval by gov ernor. tiou, how be subject to removal by the governor at his discretion. These officers, and also the treasurer and matron, shall re- Compensaceive such compensation as is now provided by law, paid. except as otherwise provided herein; and the salaries of all officers shall be paid out of the general appropriation made by the state for the support of the institution. perintendent, 6. (1) The medical superintendent shall have the general management, supervision, and control of the asylum Ibid § 5. and patients, subject to the regulations of the board Medical su of commissioners, and shall devote his entire time duties of. thereto. He shall keep a register of all patients, showing their names, ages, residences, dates of reception and discharge or death by whose authority received or discharged, and whether they are pay patients or paupers. officers to be (2) The superintendent shall appoint all such other inferior officers and employes (not otherwise provided for in other inferior this act) as he may deem necessary for the proper appointed by management of the institution, and he may remove any of them at pleasure and fill their places with others. sup't. pointment (3) It shall be the duty of the superintendent to appoint a receiver, to be approved by the commissioners, Receiver, apwhose duty it shall be to receive all goods and sup- and duties of. plies of any and all kinds purchased for the use of the asylum; take charge of them, see that they correspond with the bills accompanying them in character, quantity, and quality; weigh or measure the same, and distribute them to each and every department of the asylum as the superintendent may direct by written order; and in a book kept for the purpose open an account with each and every department, charging therein cost price for all goods so received and distributed. This book shall be open at any and all times for the inspection of the superintendent, any commissioner, and of the governor, a committee of the legislature, or any person appointed by either for the examination. Absence of su 7. In case of the sickness or absence of the superintendent, his duty shall be discharged by the first assistant Ibid § 6. physician; and if the first assistant be absent or perintendent. sick, then by the second assistant physician, if there be any. 8. The treasurer, before acting as such or receiving any funds of the institution, shall execute covenant to Ibid § 7. Treasurer to |