institution. the treasury of the State of Alabama, five per centum on the total amount of the said revenues for and during the term of four years, next ensuing the date of this act, which sums shall be placed to the credit of the fund for "The Albama Insane Hospital;" and the state treasurer shall hold the moneys so appropriated, subject to the warrant of said. comptroller, as herein provided; and the said fund so appropriated is hereby declared to be applicable to the objects, uses and purposes of the said institution, and for creating and maintaining the same. SEC. 7. Be it further enacted, That no place shall be Location of the selected for the site of the said hospital, unless it shall combine the following advantages: 1st. It shall contain at least one half section of land, one hundred acres of which shall be susceptible of cultivation, to which a good title can be obtained. 2d. It shall be commodiously situated, so as to be easily accessible by means of the principal communications. 3d. It shall be in a healthy situation. 4th. There shall be upon the premises a supply of never failing water of good quality. 5th. It shall be so situated as to receive supplies of fuel, either of wood or coal, at moderate costs, as well as of provisions and supplies. 6th. The site of the buildings shall be susceptible of good underground drainage. 7th. It shall command cheerful views. 8th. It shall open such aspects as will admit the sun's rays a portion of the day into every suit of the building apart property. buildings. ments. SEC. 8. Be it further enacted, That it shall be the Titles to the duty of the said board of trustees hereby created to procure the title to the land for the site of the hospital, to be properly examined, executed and recorded, so as to secure the property therein to "the Alabama Insane Hospital," and so soon thereafter as practicable, to enter into possession of said land and cause to be constructed and built thereon, Construction of by means of such contracts and agreements as they may make in the name and for said corporation, and on the best terms practicable, the proper and necessary buildings for the said hospital, together with all the improvements necessary for the accommodation of not less than two hundred patients, according to the best plan they may devise, and such as is usual and proper and most approved for such institutions. The said hospital shall be constructed of brick, or of unhewn stone, the foundations shall be solid; the sills and caps of the doors and windows shall be of stone or other durable and incombustible material; the partition walls shall be of brick, and shall contain flues for ventilation, 3 flues for conducting hot air, and conducting flues, and the said buildings shall be well covered and finished and made fire-proof. How payment buildings SEC. 9. Be it further enacted, That the said trustees shall, for the payment of said land, buildings and im- for provements, when done properly and according to contract, shall be made. draw orders, directed to the comptroller, and said drafts shall be audited and allowed by said comptrolier out of the said hospital fund, and paid by warrants on the treasurer: Provided, That when any such order shall be drawn, re- Proviso. port shall be made to the governor by the trustees, showing for what purpose it is drawn, and he shall have approved and countersigned the same before it shall be allowed and paid: Provided further, That the said trustees shall deposite copies of all contracts by them made, concerning said buildings, in the office of Secretary of State, so soon as made, for the information of the governor; and all proper expenses and dues shall be paid by said trustees in like manner. SEC. 10. Be it further enacted, That the said three trustees shall keep records of all their acts and proceedings, and shall make to the governor, annually, on the first Monday in December, a full and detailed report of all their acts and proceedings, until the said buildings and improvements shall be completed, which fact they shall report when it shall occur; they shall then make full settlement of all things appertaining thereto, whereupon their functions. shall cease; and the entire cost of the said land and improvements shall not exceed in the whole, until otherwise ordered, the sum of one hundred thousand dollars. Duty of trustees SEC. 11. Be it further enacted, That from and af- Trustees shall ter the time when the said buildings shall be completed, the appoint officers, said president and six trustees shall control and manage the &c. affairs of the institution; they shall have power to make all regulations and by-laws for the government of the corporation, and shall put the hospital in use for the support, treatment and cure of the insane; they shall appoint a secretary and treasurer and such other officers and agents as may be necessary; they shall appoint a superintendent of the hospital, who shall have in charge the conducting of the same. The superintendent shall be a skillful physician, Superintendent --his duties and shall bear an unblemished moral character; he shall have qualifications. received an enlightened and thorough professional education; be possessed of prompt business habits, and be of a humane, kindly disposition; he shall be a married man, and shall, with his family, reside constantly in the institu Superinten of office. Shall appoint officers. Salaries. tion. The said superintendent shall be appointed for a tendent's term term not less than eight years, and shall not be removed, except for incompetency, fully shewn and declared, or for the neglect and infidelity to the trust reposed in him; the said superintendent shall appoint all such assistant physicians, nurses, servants and agents as by the rules of the institution shall be allowed and wanted; and he shall have full control over them, and may discharge them at pleasure; he shall direct their several duties and see to the performance thereof; and he shall be responsible to the board for the proper performance of those duties. The trustees shall determine what salaries and compensation shall be paid to the superintendent and other officers, servants and agents employed, and shall have power to remove any of them; the Shall hold an- board shall hold an annual meeting and also monthly meetings, and such other meetings as they may provide. The monthly meetings may be held by the three trustees residing near the hospital, for all ordinary purposes, to act under the authority of the board, and each, in rotation, shall serve one month, to visit the hospital once a week, and the monthly board shall see that the establishment is at all times supplied with provisions, fuel, water, clothing, medicines, implements and all other things necessary for the health, comfort, cleanliness and security of the patients. The board, at their annual meetings, shall rigidly examine into the manner in which the hospital is and has been conducted, and shall investigate closely the condition of every department of it. The treasurer shall receive and pay out of the moneys of the corporation, and shall report annually to the secretary of state all sums received and paid out by him. ly meetings. Duties of the board... How received. Proviso. tients. SEC. 12. Be it further enacted, That insane patients shall be received from the several counties of this State in the ratio of their insane population, and the several counties shall be so entitled: Provided, They shall report to the secretary of state the census of their insane persons respectively, such reports to be made annually by the judge of the probate court. SEC. 13. Be it further enacted, That persons in in-. Duties of pa.digent circumstances while residing in the hospital, and whether in their own right or by reason of the State bearing their expenses, shall be chargeable with no more than the actual cost for clothing, nursing, board and medical attendance. Patients whose expenses shall be payable by themselves or their friends, and who are not chargeable upon the counties, shall pay in measure with the care received and according to the regulations which may be adopted. Board shall May take bond. The board shall publish the by-laws and regulations of the institution, and cause them to be from time to time circu- publish bylaws. lated in the State for general information. They may provide for taking bond and security from all their agents and security. and officers, conditioned for the faithful discharge of the duties of their office. And when the said president and trustees shall be fully organised they shall have power to draw all funds in the state treasury, by order of the comptroller, as above provided for the three trustees. SEC. 14. Be it further enacted, That the said institution Shall receive shall be required to receive persons charged with offences insane persons punishable by punishable by death or imprisonment, who shall be found to death or impris be insane, and who may by reason of such insanity be com- onment. mitted by any court, either before or after conviction, and the expenses of keeping such person, if he be in indigent circumstances, shall be paid by the State. SEC. 15. Be it further enacted, That for admission of state patients, other than such as may be in custody upon a criminal charge, the following proceedings shall be had :: First Some respectable citizen, resident of the county to which said patient belongs, shall file with a justice of the peace of said county a statement in writing. substantially as follows: Form of state. The undersigned, a citizen of the State of Alabama, residing in said county, hereby states as follows: (here insert ment. the name of the person) is insane. His insanity is of less than two years duration (or his being at large is dangerous to the safety of the community.) He is in needy circumstances, has a legal settlement in and county, and These facts can be is a citizen of the State of Alabama. Justice's certificate. Proviso. ter inquest. I, the undersigned, justice of the peace in and for the county aforesaid, hereby certify that I have visited. of said county, a person alleged to be insane, and have this day held an inquest in regard to him according to law. That he has a legal settlement in county, that he is a citizen of the State of Alabama, and is a fit subject to be sent to the state hospital for the insane, to undergo treatment therein. He is in needy circumstances and a fit subject for the bounty of the State; I ain satisfied that his being at large is injurious to himself and disadvantageous, if not dangerous, to the community. Witness my hand and seal this, day of , A. D. C. D. Provided, That five days previous notice of the time and place shall be given to the alleged lunatic before said justice shall proceed to hear and determine the question of insanity: Provided further, That in all cases in which the supposed lunatic or insane person shall be in custody, upon a criminal charge, either prior or subsequent to conviction, and the insanity or lunacy has been adjudged insane by or under an order of the court having jurisdiction of the offence, that a copy of such, certified by the clerk of the court, shall be sufficient evidence of insanity to authorise the reception of such person into the hospital: And provided further, That where a person thus under criminal charge shall subsequently, in the opinion of the superintendent, become sane, he shall issue an order to the sheriff of said county in which such criminal proceedings may be pending; whereupon said sheriff shall be required to receive such person into his custody, to be dealt with as provided by law. SEC. 16. Be it further enacted, That immediately Proceedings af- after the inquest above provided the justice shall transmit to the judge of the probate court a certificate of said facts, attested by a physician, and he shall file the same; and the said judge shall proceed, upon the receipt of said attested certificate, to transmit a copy of the same to the superintendent of the state hospital, accompanied with an application for the admission of the patient therein named. The superintendent shall, immediately upon receipt of said application, advise the judge when the patient can be received. The judge shall thereupon, in due season for the conveyance of said patient to the hospital by the time appointed, issue his warrant to any suitable person requiring him forthwith to receive said insane patient and con |