Gambar halaman
PDF
ePub

POOR.-A non-resident poor person, not a pauper of the county, dying is to be decently buried by the overseer of the poor.-(p. 757, sec. 24. See, also, Paupers.)

PRACTICE OF MEDICINE.-(See Law, p. 118.)

REFORM SCHOOL.-The reform school located at Pontiac, Liv. ingston county, is a correctional institution. Appropriation for 1877-8, $32,200 per annum, and $16,467 for buildings, etc.-(Laws 1877, p. 38. See, also, Charituble Institutions.)

REGISTRY OF BIRTHS.-The state board of health have supervision of the registry of births and deaths, and the physician or other person in his absence must report the same to the county clerk within thirty days, under penalty of $10.-(See Law, p. 121.)

SLANDER AND LIBEL.-A Slander consists of words spoken or written which are injurious to the reputation of another. Words to be actionable must, when only spoken, not written, be such as in their plain and popular sense convey to the mind of the hearer a charge of some offense for which the slandered one is amenable to law, or of having some disease which will exclude him from society. And any words defamatory or injurious in their nature spoken of another without legal justification are actionable, if productive of special damage flowing naturally from the slander.

Words not actionable in themselves when spoken of persons respecting their professions, trades, or business, and which disgrace or injure the party in his profession, etc., are actionable.

Malice is a requisite in slander, but malice is in general to be presumed until the contrary is proved, except in cases when the occasion prima facie excuses the publication. And a slander must be published, that is, communicated to a third person.

It is no justification of slander to give the author's name and to say that the statements are believed to be true.

Attorneys in court, legislators and congressmen in their duties can not be called in question for slanderous words used in argument, etc.

Libel is a written or printed or pictured slander, but many things not slanderous if spoken only, are libelous if written or printed, or painted. This must also be communicated to another-uttered. It may tend to blacken the memory of the dead, or the reputation of one living. (Bouvier Law Dict.)

A libel is by our statute defined to be: "A malicious defamation, expressed either by printing, or by signs, or pictures, or the like, tending to blacken the memory of one who is dead; or, to impeach the honesty, integrity, virtue or reputation, or publish the natural defects of one who is alive, etc."

One may recover damages for a slander or libel if any have been suffered, and in addition, a libel is a criminal offense indictable under our statutes, and punishable by fine not exceeding $500, or imprisonment not exceeding one year.

But in all prosecutions for libel, the truth, when published with good motives, and for justifiable ends, shall be a sufficient defense.(p. 378, secs. 177-9.)

Actions for slander and libel must be commenced within two years next after the cause of action accrued.-(p. 675, secs. 12-13.)

Actions for slander and libel do not survive the death of either the plaintiff or the defendant.-(p. 126, sec. 122; also, Bouv. Dict., Tille, Action.)

SOCIETIES, MEDICAL.-(See Corporations.)

SOLDIERS' ORPHANS' HOME.-Established in 1865.-(Laws 1865, p. 70; 1869, p. 39.)

The object of the soldiers' orphans' home shall be to provide a home for the nurture and intellectual, moral and physical culture of

all indigent children below the age of fourteen years, whose fathers served in the armies of the Union during the late rebellion, and have died or been disabled by reason of wounds or disease received therein, or have since died: Provided, That in special cases of peculiar inability of a pupil to support himself, or herself, the trustees may retain such pupil, although above the age of fourteen, and until such pupil has reached the age of sixteen, beyond which no pupil shall be retained.-(Laws 1875, p. 46.)

STATE BOARD OF HEALTH.-(See Law, p. 121.)

STUDENTS.-If a student is an assistant in the business, the physician is responsible for his acts done in the course of such business. SURGERY. (See Bodies for Dissection.)

TOWN BOARD OF HEALTH.-(See Board of Health, Town.)

UNIVERSITIES, COLLEGES, ETC.-The trustees of any university, college or academy, or other institution of learning incorporated under any general law of this State may, among other powers, grant such literary honors and degrees as are usually granted by like institutions, and give suitable diplomas; and corporations under special laws may become incorporated under the general corporation law.— (p. 1090, secs. 1-4.)

WITNESSES, MEDICAL.-Physicians are often called to testify as experts, and should know something of what may be required of them.

He should endeavor to answer all questions put to him in the simplest language, and as briefly as possible-the jury is generally composed of only average men.

Coolness and self-possession are qualities which are very desirable. He should never allow an attorney to excite him, for many lawyers purposely make a witness angry for the sake of breaking the force of his testimony. The court and the opposing counsel can be relied upon to protect against unruly and insulting conduct towards the witness, without his appealing for their protection, and a patient, cool and candid witness generally comes off best in such a contest, while the burley lawyer overreaches himself.

LUNACY LAWS

OF THE

STATE OF ILLINOIS.

(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.

PETITION.] Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, 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 considered as always open.

WRIT-SERVICE.] Sec. 2. 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.

SUBPOENAS.] Sec. 3. The clerk shall also issue sebpoenas for such witnesses 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.

JURY-TRIAL.] Sec. 4. 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.

VERDICT-FORM.] Sec. 5. 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:

STATE OF ILLINOIS, SS.
County.

(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 said 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 disease is of

..

; that his age is ........; that his duration; that the cause is supposed to be (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.)

VERDICT RECORDED-ORDER OF COMMITTAL-APPLICATION.] Sec. 6. 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. TO WHICH HOSPITAL-APPLICATION, ETC.] Sec. 7. 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.

WARRANT TO COMMIT.] Sec. . 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.

FORM OF WARRANT.] Sec. 9. The warrant may be substantially as follows:

[blocks in formation]

The People of the State of Illinois, to

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. A. D. .........

this

[L. S.]

day of

Clerk of the County Court,

.county

County.

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

NORTHERN [or as the case may be] ILLINOIS HOSPITAL
FOR THE INSANE.
A. D.

Received this

......

day of

.........

in the within warrant.

......9

the patient named

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.

WHO NOT ADMITTED-IDIOTS DISCHARGED.] Sec. 11. No person having any contagious or infectuous 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.

TEMPORARY COMMITMENT.] Sec. 12. 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 shalĺ authorize such person to be temporarily detained by the sheriff, jailer, or other suitable person to whom the same shall be directed.

COSTS.] Sec. 13. When a person, not a pauper, is alleged to be insane, and is found by the jury not to be insane, the costs 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.

WHO TO PAY EXPENSES-SHERIFF'S FEES.] Sec. 14. 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 con. veying convicts to the penitentiary.

BOND TO FURNISH CLOTHING, ETC.] Sec. 15. 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

Know all men by these presents, that we of the county 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 pay. ment of which we jointly and severally bind ourselves firmly by these presents.

insane

The condition of this obligation is, that whereas person of 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.
..3

[SEAL.
[SEAL.]

CLOTHING.] Sec. 16. 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.

PAUPERS-COUNTY TO FURNISH CLOTHING, ETC.] Sec. 17. 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

« SebelumnyaLanjutkan »