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OF THE INSANE.

may direct

sum to be expended.

CHAPTER 552.

OF THE INSANE.

AN ACT to amend Chapter 49, of the Revised Code, entitled “Of the Insane."

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION I. That Section (5) of Chapter 49 be and the same is hereby amended, by inserting after the word "perChancellor Son" and before the word "and" in the eighth line of said specified section, the following words, viz.: "He may also direct the trustee to expend a specified sum for the support or benefit of the insane person; or for the repair or improvement of his real estate; and may also direct such portion of the wood or timber growing upon the land of the insane person, as may not be necessary for the use of the same, to be cut and sold. for the same purpose."

Passed at Dover, April 25, 1889.

Preamble.

State Board

CHAPTER 553.

OF THE INSANE.

AN ACT in relation to a State Hospital for the Insane.

WHEREAS, "The Trustees of the Poor of New CastleCounty" have recently erected a department for insane persons;.

AND WHEREAS, It is proposed that the said Insane Department with all its appurtenances shall belong to and be controlled and managed by the State of Delaware, for the benefit of the State at large; now therefore,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION I. That Lewis Thompson, Jno. J. Black, M. D.,. of Trustees. Nathaniel Williams and of New Castle County, and Zebulon Hopkins, John B. Cooper and Jas. H. Wilson,.

OF THE INSANE.

M. D., of Kent County, and Alfred P. Robinson, Eli R. Sharp and Hiram R. Burton, M. D., of Sussex County, are hereby appointed and constituted the State Board of Trustees of the Insane Department; the first mentioned from each county shall serve for the period of one year, the second for two years and the third for three years. When the terms of Terms when

cies but at

shall all

of same

the trustees herein mentioned shall expire their successors to expire. shall be appointed by the Governor for a term of three years. All vacancies shall be filled by the Governor for the residue Governor to of the term, but at no time shall all the members from each fill vacancounty be on State issues of the same political faith and no time opinion; and the trustees shall be distributed equally among members be the three counties of the State; Provided, that one of the three politics. trustees from each of the counties shall be a physician in good standing. The said trustees of the insane shall receive for attendance at the Insane Hospital in performance of their duties for each meeting of the board of trustees each (trustee) Compensafour dollars, also three cents per mile going and returning. trustees. But no trustee of the Insane Hospital shall receive fees or compensation, as before provided, for attendance upon more than twelve meetings of the board as aforesaid in one year; one to be held monthly. Said compensation to be paid by the State.

tion to

control of

appoint

sicians,

SECTION 2. The said Board of Trustees shall have sole To have and complete control and management of the State Insane complete Hospital, shall appoint physicians, stewards, matrons, nurses hospital and all other necessary servants, and shall fix their terms of officers.physervice as well as their pay or compensation; shall provide matrons, &o suitable food, raiment, medicine and all other things necessary for the comfort and improvement of the inmates of said Hospital.

asylum to

SECTION 3. The costs of the maintenance of the said Cost of State Hospital shall be borne by the State, and shall be paid be borne by by the treasurer of the State on orders drawn by the Presi- the State. dent of the said State Board of Trustees, attested by the Secretary of the said board. It shall be duty of the State Auditor to

accounts.

Auditor to examine and audit the accounts of the said State examine Board of Trustees of the Insane Hospital once in every three months, when the said board shall produce proper vouchers for all orders drawn on the State Treasurer as aforesaid. The auditor shall also have at all times authority to inspect Auditor to all books and papers relating to the affairs of the said Insane have power Hospital.

*So enrolled.

to inspect books.

General

Assembly to

provide money to pay ex

penses.

authorized

OF THE INSANE.

SECTION 4. The Legislature shall, at every biennial session thereof, provide an annual sum for the use and support of the said Insane Hospital, which sum shall be subject to orders drawn as aforesaid, and shall be paid out by the State Treasurer as aforesaid.

Trustees SECTION 5. The said Board of Trustees of the State Into take hold Sane Hospital is hereby authorized and empowered to take, and receive receive and hold the above mentioned Insane Department property. erected by "The Trustees of the Poor of New Castle County"

State to

pay $75.000 for build

ings, &c.

May receive

and lands adjoining the same, of not less than ten acres and
the Board of Trustees of the Poor of New Castle County,
is hereby authorized and empowered to grant and convey to
the said State Board of Trustees of the Insane Hospital, the
land, and premises aforesaid, with the appurtenances, at and
for the sum of seventy-five thousand dollars ($75,000).

SECTION 6. Any indigent insane person a citizen of the State shall be admitted to the said Insane Hospital upon the written order of any one of the trustees thereof, or upon the written order of any two Trustees of the Poor of either county, or by the Chancellor of the State as now provided by law. When any insane person shall be able, after a reasonable and proper provision is made for the support and education of his family, to support himself, he shall be liable for his support, and the said Board of Trustees of the Insane shall have the same power and authority to collect from him or out of his property and effects, the moneys necessary for his said support as are now given or that may hereafter be given to "The Trustees of the Poor" of the several counties of this State, and the said Board of Trustees of the Insane Hospital shall have the same power and authority to collect the same as are now given or that may hereafter be given to "The Trustees of the Poor' of the several counties.

SECTION 7. The said Board of Trustees of the Insane any insane Hospital shall have full power and authority to receive any States. insane person from any other State, who shall be able to pay for their maintenance and support.

from other

Division of property now held.

Proof of insanity at

SECTION 8. All details with reference to a division of such parts of the said property as are held and used in common by the Insane Department and the Department for the Poor, shall be determined and adjusted by the State Board of Trustees and the Trustees of the Poor of New Castle County.

SECTION 9. In all cases of application for the commitment of any person to the Hospital, the evidence and certifi

OF THE INSANE.

cate of at least two respectable physicians, based upon due time of inquiry and personal examination of the person to whom insanity is imputed, shall be required to establish the fact of insanity and a certified copy of the physicians' certificate shall accompany the person to be committed, together with the written order of the trustees or Chancellor as provided in Section 6 of this Act.

bequests of

and hold

SECTION IO. That it shall and may be lawful for any per- May receive son or persons, firm or corporation to give, grant, devise or property bequeath to the said Insane Hospital any property, real, per- the same. sonal or mixed, and the said State Board of Trustees of the Insane are hereby authorized and empowered to reeeive, collect, take and hold for the use and behoof of the said Insane Hospital any and all property so given, granted, demised and bequeathed, and to manage and use the same for the benefit of the said Insane Hospital in accordance with the provisions of such grants, devises and bequests, and with the law creating and governing the said Insane Hospital.

Authorized

Sussex

SECTION II. The said State Board of Trustees of the Insane is hereby authorized and empowered to take, receive and to take and hold the building in Sussex County known as "The Insane hold the Department" for that county; and the Board of Trustees of partment of the Poor of Sussex County is hereby authorized and empow-almshouse. ered to grant and convey to the said Board of Trustees of the Insane Hospital the building and appurtenances aforesaid, at and for the sum of eight thousand dollars.

Passed at Dover, April 25, 1889.

TITLE EIGHTH.

Of the General Police.

Adminis

executors

licenses by

consent of

judge of court.

CHAPTER 554

OF INNS OR TAVERNS.

AN ACT in relation to the licenses of deceased inn or tavern proprietors.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION I. That in case the proprietor of an inn or tavtrators and ern licensed by the Courts of this State to sell intoxicating may trans- liquors, according to the laws of this State and who has paid for liquor into the State Treasury the legal license fees for the same, shall die before the expiration of said license, the executor or administrator of said deceased shall have the same right to assign, transfer and set over said license to an incoming tenant, with the approval of the Associate Judge residing in the County in which the license is granted, as the proprietor himself would have had the right to do if still living according to the provisions of Section 4, Chap. 381, Vol. 15, Laws of Delaware, which is an amendment to Chap. 418, Vol. 14, Laws of Delaware, entitled "An Act regulating the sale of Intoxicating Liquors."

Passed at Dover, Delaware, January 30, 1889.

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