Year: 1870

tue satislaCtiou VI tue SoLiHiSSioASA 40 Va
insanity Of any county, that cause no
no longer exists for the care within the
county of any particular person as an
insane patient in their county as herein
provided, they shall order the immedi-
ate discharge of such person.


4S. The commissioners of insanity
shall be allowed at the rate Of three dol
lars per diem each for all the time actu
ally employed in the duties Of their
Office. They shall also be allowed their
necessary and actual expenses, not in
cluuing charges for board. The clerk
in addition to what he is entitled to as
commissioner, shall be allowed one
half as much more, for making the re-
quired record entries in all cases Of
inquest, and of meetings of the board
for any purpose, and for the filing of
any papers required to be filed. He
shall also be allowed twenty-five cents
for each notice or process given or
issued under seal as herein required.
The examining physician shall be enti-
tied to the same compensation rs
commissioner, and to mileage at the rate
of ten cents per mile each way. Tue
sheriff shall be allowed for his personal
services in conveying a patient to the
hospital and returning therefrom at the
rate of three dollars per day for the time
necessarily and actually employees; and
mileage the same as is allowed him in
other cases, and for other services the
same fees as for like services in other
cases. Witnesses shall be entitled to the
same fees as witnesses in the circuit
court. The compensation and expenses
provided for above shall be allowed aud
paid out of the county treasury in the
usual manner. Whenever the commits
sioners issue their warrant for the
admission ola person to the hospital,
and funds to pay the expenses thereof
are needed in advance, they shall esti-
mate the probable expense Of conveying
such person to the hospital, including
ding the compensation allowed the
sheriff; and OH such estimate certified
by the clerk, the auditor of the county
shall issue his order on the treasury of
the county in favor of The sheriff or
other person entrusted with the execu-
ton ofsuch warrant; the sheriffor other
person executing such warrant, shall
accompany his return with a statement
of the expenses incurred; and the excess
or deficiency may be deducted from or
added to his compensation, as the case
may be. If funds are not so advanced,
such expenses shall be certified and
paid iD the manner above prescribed on
the return of the warrant. When the
commissioners order the return Of
patient. compensation and expenses
shall be in like manner allowed.


40. Any officer required as herein to
perform any act, and any person accept
ing an appointment under the provis-
ions of this act, and wilfully refusing
or neglecting to perform his duty, rs
herein prescribed, shall be guilty of
misdemeanor, besides being liable to an





action for damages.


so. Whep, il the case ofany proceed
dngs in court, it would otherwise be
necessary to serve PERSONALLY any person
who is a patient in the hospital, with
notice or process Of any kind and when
in opinion ofth superintendent, such
personal services would injuriously
affect such patient, the superintendent
shall acknowledge service Of the same
in behalf of the patient, setting forth
in connection such opinion, by endorse
ment to that effect upon the notice or 9TH
erprocess, or copy thereof, and the same
shall stand in lieu of personal service.


81. The warrant of the commission
ers insanity authorizing the admission
of any person to the hospital as patti
ent, accompanied by physicians certifi-
cate, as herein provided, shall operate
to shield the superintendent and other
officers Of the hospital against all liabil-
ityto prosecution of any kind, on
account of the re ception and detention
of such person in the hospital; provided,
such detention shall be otherwise in
accordance with the laws and bylaws
regulating its management.


s52. When the superintendent of the
hospital, in obedience to . subpoena,
attends any court out of the county in
which the hospital is situated as wit
ness for either party, in the case of q
person OH trial for a criminal offense
and the question of the sanity of such
person is raised he shall be allowed, on
such account, his necessary and actual
expenses, and such per diem as is allow
ed to other witnesses, and such expenses
and per diem shall be paid by the State.
When compelled so to tend in civil cases
he shall be entitled to the same compen-
sation, to be paid by the party requiring
his attendance.


50. The superintendent shall affix
the seal of the hospital to any notice,
order Of discharge, report, or other paper


required to be given by him or issued.
| 54. The term "insane" as used in


thisact includes every species ofinsanity


or mental arrangement. The term