The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-03-26

AT ACT to provide for the appointment
of guardians of habitual drunkards, and
for their confinement in the Lunatic
Asylum.
SECTION /. Be it enacted by the Legisla-
ture of the State of Mississippi, That the
chancery courts Of this State may in their
respective counties appoint guardians to
habitual drunkards on the application OF
the relatives of such persons, or when there
are no relatives in this State, then on the
application of friends; that when any such
application is presented to the chancellor,
if he shall be satisfied that there is proba-
bic cause for such application, and he shall
satisfy himself by ex parte testimony or
affidavit, he shall endorse thereon his fat
directing the chancery clerk to issue writ
to the sheriff, commanding him to summon
the alleged habitual drunkard to be and
appear before the said chancellor at a
time and place named in said summons,
said summons to be served on said party
not less than ten days before the date OF
the return thereof, and at the time and
place named in said summons, the said
chancellor shall hear the testimony for and
against said application, which testimony
may be oral or by deposition, and if the
said chancellor shall so find, he shall adj
Judge such party an habitual drunkard, or
If he find the application il not sustained
by the proof, he slrall dismiss the same
and tax the applicant with all cost and a
reasonable attorneys fee for the defense
thereof That the decree adindging such
person an habitual drunkard shall be as
against third persons resident in the county
where the decree is rendered conclusive
evidence that such person is an habitual
drunkard, and to all persons out of the
county who have notice of such decree.
SEC. 2. Be it further enacted, That if
the chancellor shall adjudge that such per-
son is an habitual drunkard, and if he
shall deem it best, he may appoint some
suitable person guardian of the person and
estate of such habitual drunkard and such
guardian shall have all the rights, powers
and duties, and be subject to the same OBJ
legations and requirements as guardians to
idiots, lunatics and persons non compos
mentis.
SEC. 8. Be it further enacted, That the
chancellor shall have the power in the ex-
ercise of sound discretion to order the
confinement Of such person adjudged to be
an habitual drunkard in the Lunatic Asy-
lum Of the State, and TO be there confined
until his reformation is probably complete.
That the chancellor may, from time to time,
release such person temporarily from con-
fnement to test his reformation and shall
as often recOmHit him until his reforma-
ton is probably complete. That the chan
cellor may order the confinement of such
iperson without appointing a guardian, and
may appoint guardian without ordering
confinement. That the chancellor may on
the request of the parties making the ap-
pIication, order the confinement of such
person in an asylum outside of the State
SEC. 4 Be it further enacted, That the
guardianship of such person shall CEASE
whenever it il shown to the satisfaction d
the chancellor that his reformation j.
probably complete or when il Is shown thai
i ii ID for the best interest Of such habitua
1 drunkard
SEc.5. Be il further enacted, That the saiG
chancellor, if the habitual drunk ard canno
| be admitted into the Asyl may order tha
said drunkard shall not be confined In thl
Of the county. That the trustees of the iai
asyInms are authorized 10 sci apart q war;
or building for the confinement and treat
ment Of such habitual drunkards OF max,
provision therefor, but nothing il this ac
shall be So construed a. 70 give = preferenc
to said drunkafds over idiots, 1unafics an
4 persons non compos mentis IS to e0nfne
menf and treatment ii the Lunalic Asy
lums Of The State.