Year: 1868

| AT the recent session of the Association


tieh of Medical Superintendents of Amer


lean Hospitals for the Insane the subject


of general law for determining the legal


relations of the partially insaae, was dis


cussed at considerable length. As finally


agreed upon and unanimously adopted by


the Association, the following is complete


and condensed summary of the proposed


general law. The object of the prepala-


ton and adoption of this project is 10 have


some authoritative expression of the views


of the Association fer use and reference


in cases where any change or modification


of existing laws is deemed desirable or ne


cessary:


Insane persons may be placed in hos


pltal forthe insane by their legal guardians.


or by their relatives and friends in case


they have no guardians, but never without


the certificate Of one or more responsible


physicians, after personal examination


made within one week Of the date thereof;


and this certificate to be duly acknowledged


before some Magistrate or judicial officer


who shall certify to the genuineness of the


signature, and OF the responsibility Of the


signer.


Insane persons at large may be placed in


hospital or other proper place of deter-


tion by order Of Magistrate, who shall


have investigated the case and shall have


had presented to him certificate of insan-


ity signed by one or more respectable phy
sicians.


Any highjudicial officer may be petitioned
in writing by any.respectable person for the
commitment of any person requiring re-
straint on their own account or that of
others, and the case shall there be inyesti-
gated and decided upon by a commission
appointed by this officer, and consisting of
three or four persons, including at least one
physician aud one lawyer The written
statement Of some friend or the party SO
confined that he is losing his health, or
has so far recovered that he can safely be
discharged, shall cause a judicial investiga- !
tion OF the case, and decision in accord |
anee with that investigation.
Any high Judicial official may be petit
toned in the same way as mentioned in the |
preceding paragraph, or by the officers of |
a hospital, for an investigation of the case
OF person confined in an insane hospital |
and believed by the petitioner or hospital
othcerH to be worthy of his liberty; and
the case shall be acted upon by such com
mission as provided for in the preceding
paragraph. These examinations, however,
shall not be made oftener than once in six
months in the same case, and not within
tue first six months Of the persons resi-
dence in an asylum. sf
. The relatives or friends who have placed |
a person in any asylum can remove that
person, and persons placed there BY the or
der OF Magistrate can be removed in the
same way.


Paupers can be placed in insane asyIums
by municipal authorities, supported, as in
other cases, by medical certificates, and
the same authorities can secure their dis
charge or release.


Insane persons shall not be made respon-
slble for criminal acts in a criminal suit
unless such acts shall be proved not to have
been the result, directly or indirectly, of
insanity. Insane persons shall not be tried
ior any criminal act during the existence
Of their insanity, and for settling the ques.
tlon of such alleged insanity, Judge shall
appoint a commission of three or five per-
sons, all of whom shall be physicians, and
one, if possible, an expert.


Persons acquitted in a criminal suit on
The ground Of insanity, shall be committed
by the court TO some place of confinement
for safe keeping or treatment, and shall be
by the order Of some Judge of
the Supreme Court. In cases Of homicide
Or attempted homicide, however, no dis
charge shall be made unless with the unani-
nous consent of tie Superintendent and
Managers Of the Institution where he has
been placed, and the court before which he
was tried


Persons manifestly suffering from the
want Of proper care or treatment may be
placed in some hospital for the insane, at
The exprnse OF those legally bound to
maintain him, by order of any high judi
,ial officer.


Judges of Probate or other officers with
lmilar power, may be petitioned for the
guardianship Of insane persons, and such
may be granted upon the
Of that officer that such a meas
Ire is necessary.


Insane persons shall be made responsible
n a civil suit for any injury committed up
N persons or property, with due reference
0 pecuniary means for covering damages, {
md any mitigating circumstances.


The contracts Of the insane shall not be :
'alid, except for articles of necessity or
Omfort suitable to the means or conditions !
# the party, or in cases where the other c
'arty had no reason TO suspect any mental !
Impairment.


Wills may be invalidated on the ground r
f the testator's insanity, upon satisfactory
roof that be was incapable Of understand
ng the nature and consequences Of the ,
ransaction, or of appreciatiDg the relative
alues Of properly, or Of remembering and
alllng TO mind all the heirs-at-lag, or Of
eslsting all attempts to substitute The will
( others for his own, or that he entertained
illusions respecting any heirs-at-law, cal
nlated to produce unfriendly feeling tc-
ard them.