5. Under the act of 1861 the wife of an insane husband could contract without such insanity having been judicially determined.-Skin v. Bosart, 72 Ind. 105. 6. The wife of an insane person may convey her separate lands.-Teeter v. Newcom, 130 Ind. 28.

[1881 S., p. 545. In force September 19, 1881.]

2862. Recurrence of insanity. 16. No person who has ever been adjudged insane according to the law within the State of Indiana, and has been formerly discharged from any hospital or asylum for the insane within the State for any cause, shall again be admitted to any such hospital or asylum, excepting the following proceedings be had, and none other: An affidavit shall be made substantially as follows:

a

Personally appeared before me, Clerk of the Circuit Court of said county, respectable practicing physician of said county, who, being sworn, declares that he knows county; that said has been adjudged insane; that day of

A. D.

to

of from was an inmate of day of A. D.; that is now insane, and a proper subject for treatment in a hospital for the insane, as appears from the following symptoms personally observed, namely, —; and from the following symptoms described by others, namely, -; and that conveyance to a hospital will not endanger the life of said

Subscribed and sworn to before me, this

{

Seal of the

day of, A. D. 18—.

M. D.

Clerk.

Circuit Court. S

And a certificate shall be made substantially as follows:

I certify, that on the day of

dent of

A. D.

of said county, now resi

— was adjudged insane, as appears of record in this office. Witness my hand and the seal of the

A. D.

Circuit Court, this

Said certificates shall be filed and kept by said Clerk, and a transcript of the same, certified by him under seal of the Circuit Court, shall be transmitted to the superintendent of the Indiana Hospital for the Insane or to the friends of the patient, as hereinbefore provided, together with, in the former case, an application for the admission to the hospital of said patient; and further proceedings shall be had, as pursuant to an original inquest, as herein before provided.

2863. Discharge-Causes. 17. Any patient may be discharged from the State Hospital, by the superintendent, upon restoration to health; and incurable and harmless patients shall be discharged whenever it is necessary to make room for recent cases. All dangerous patients shall be retained in the hospital.

2864. How discharged. 18. In the discharge of any patient from the State Hospital, the following proceedings shall be had, to-wit: The superintendent shall give notice, under the official seal, to the Clerk of the Circuit Court of the county from which said patient was sent, that said patient is discharged; and said Clerk shall forthwith file and preserve said

notice, with other papers relating to said case, and shall issue his warrant to the Sheriff of said county, substantially as follows:

Immediately upon receiving such warrant, the Sheriff shall forthwith execute the same and return it to said Clerk: Provided, however, That patients may be discharged to their friends, when said friends are ready, able, and willing to remove them; or to themselves, when restored to perfect health of mind and body, and are in every way able to provide for themselves; and in such cases, the said Clerk shall not issue said warrant.

2865. When admission delayed. 19. If a person be adjudged insane, and be not admitted to a hospital for the insane within the State, within six calendar months after the date of the inquest, said person shall not be admitted to any hospital for the insane within the State, excepting the proceedings provided in section sixteen [§ 2862] be substantially had. And it is further required, in such case, that a transcript, as in the original proceedings, be sent to the superintendent with the application for admission, or given to the friends of the patient, as hereinbefore required, unless such transcript has already been so transmitted.

2866. Blank forms. 20. It shall be the duty of the superintendent of the Indiana Hospital for the Insane to supply, through the proper authority, at the expense of the State, to the Clerks of the Circuit Courts of the State, such proper and uniform blank forms as, according to the provisions of this Act, are necessary for the making out of the various statements and certificates herein required; and only such authorized forms shall be used.

2867. Escape. 21. If any patient escape to the county from whence he or she was committed, the Sheriff shall, upon the order of the said superintendent, arrest and return him or her to said hospital.

2868. Habeas corpus. 22. Any person committed as insane may apply to the proper authorities for a writ of habeas corpus, and the question of insanity shall be decided at the hearing. An adverse decision shall not operate as a bar to the issuance of another writ: Provided, however, That writs of habeas corpus shall not issue oftener than once in every period of three months in such cases.

[1 R. S. 1852, p. 322. In force May 6, 1853.]

2869. Supplies for discharged patients. 26. Where a patient is discharged as cured, the superintendent shall furnish him with suitable clothing, and a sum of money not exceeding twenty dollars, unless otherwise supplied.

2870. Selection of patients. 28. If the application shall be made for the admission of more patients than the hospital can receive, a selection shall be made as follows:

First. Recent cases (i. e., when the disease is of less than one year's duration) shall have the preference over all others in the county.

Second. Chronic cases (i. e.. when the disease is of more than one year's

duration) presenting the most favorable prospect of recovery, shall be next preferred.

Third. Those for whom applications have been the longest on file, other things being equal, shall be next preferred.

Fourth. Each county shall be entitled to its just proportion, according to its population; but the trustees, in the exercise of a sound discretion, may, if necessary, give preference to recent cases from one county over chronic cases from another county.

2871. Costs. 31. The taxable costs and expenses to be paid under the provisions of this Act shall be as follows: To the examining officers holding the inquisition, each two dollars per day. To the medical witness accompanying the officers on their visit to the person alleged to be insane, or attending the investigation, or making out a certificate, three dollars per day. To other witnesses, the same fees as are allowed by law in other cases in the Circuit Court. To the Clerk of the Circuit Court the same fees as are allowed by law for the like services in other cases, and the amount of postage upon all the communications to and from the superintendent, which said Clerk is required to pay. To the Sheriff, for serving process herein, and attending the inquisition, the same fees as are allowed by law for like services in other cases; and for taking a patient to the hos pital, or removing one therefrom, upon the warrant of the Clerk, mileage going and returning at the rate of eight cents per mile, and fifty cents per day for the support of each patient on his way to and from the hospital; to each assistant allowed by the Clerk, and accompanying the Sheriff, mileage at the rate of eight cents per mile going and returning, the computation in both instances to be made from the county-seat to the hospital by the nearest route. To other persons discharging the duties of Sheriff herein, as by this Act provided, the same fees as herein allowed to the Sheriff; and to the assistants of such person, the same fees as are herein allowed the assistants of the Sheriff. The costs specified in this section shall be paid out of the county treasury of the proper county, upon the certificate of the Clerk and the order of the County Auditor.

2872. Bonds. 34. When any officer of the institution is required by the by-laws of the trustees to give bond, with security, for the faithful performance of his duties, such bond shall be made payable to the Indiana Hospital for the Insane, upon such conditions as such trustees may prescribe.

2873. Superintendent as witness. 35. The superintendent shall not be bound to appear and testify in any Court in this State as a witness in any civil cause; but, in lieu thereof, his deposition may be taken and read in evidence on trial.

[1 R. S. 1852, p. 342. In force May 6, 1853.]

2874. Visitors. 1. Every person or persons wishing to visit the Hospital for the Insane, may hereafter visit the wards of said hospital, subject to such rules, regulations, and restrictions as the superintendent thereof may, in his discretion, prescribe or direct, on Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday of each week, between the hours of two o'clock P. M. and five o'clock P. M. on such days, and upon no other day, and at no other time than on the days and between the hours aforesaid: Provided, however, That said hospital, and every department thereof, shall be at all times subject to the immediate inspection or examination of

the board of trustees or any member thereof, and all committees of either branch of the Legislature charged with any duty or inquiry in relation to said hospital.

[1865 S., p. 199. In force December 21, 1865.J

2875. Incurably insane. 1. In addition to the duties and powers heretofore conferred by law upon the trustees of the Indiana Hospital for the Insane, it shall also be their duty, as soon as the necessary arrangements and buildings therefor can be made and provided in accordance with the provisions of this Act, to take charge of and provide for the incurably insane of the State of Indiana in the same manner, as nearly as may be practicable, as the insane of the State are by existing laws required to be cared and provided for.

2876. Admission of incurably insane. 5. The applications and proceedings necessary to secure the admission of incurably insane persons to said hospital, when completed for them, shall be the same as those now required by law to secure the admission of insane persons to the present Hos pital for the Insane, or as nearly as the same are applicable; and such other regulations not inconsistent therewith, as may be reasonable and necessary, may be prescribed from time to time by the trustees of the Hospital for the Insane.

[1875, p. 84. In force March 11, 1875.]

2877. Department for women. 10. Whenever the buildings provided for by this Act, or such part thereof as may accommodate three hundred patients, together with necessary officers and attendants, shall have been opened, all of the insane women at that time inmates of the Indiana Hospital for the Insane shall be transferred and received as inmates of the new buildings; which buildings shall thereafter be known and designated as the Indiana Hospital for the Insane, Department for Women; and no mer shall ever be admitted to such department for custody or treatment. 2878. Department for men. 11. Whenever all of the women inmates of the Indiana Hospital for the Insane shall have been removed from said hospital and provided for in the department for women, the wards thus vacated in said hospital shall be open for the reception of insane men; and the entire building shall be known and designated thereafter as the Indiana Hospital for the Insane, Department for Men; and no women shall be admitted thereto for custody or treatment.

[1881 S., p. 711. In force September 19, 1881.]

2879. Street-railroad. 1. The trustees of the State Hospital for the Insane are hereby authorized and empowered to confer upon any incorporated street or hors-railroad company, under such 1estrictions as said trustees may deem proper, the right and privilege to enter upon the grounds connected with said State Hospital for the Insane, and to construct, lay, and maintain on said grounds its necessary tracks for the purpose of connecting said State Hospital for the Insane with the Union Depot in the City of Indianapolis by a continuous line of street or horserailroad: Provided, however, That such right and privilege shall not be so exercised by said company as to in any wise interfere with the use and enjoyment of said grounds for the purpose of said State Hospital for the Insane, or in any wise interfere with any improvement or improvements made or to be made on said grounds, and that any license granted by the trustees under this Act shall be revocable.

[1883 S., p. 164. In force May 7, 1883.]

2879a. Commissioners to locate hospitals. 1. The Governor shall, immediately upon the taking effect of this act, appoint two commissioners from each of the two leading political parties, who, together with the Governor, who shall be ex officio a member, are hereby constituted a board of commissioners to superintend the location, the letting, the construction and the equipping of three hospitals for the insane; and none of such hospitals shall be erected within fifty miles of the city of Indianapolis. Such commissioners shall hold their office for two years, and until their successors are appointed, unless sooner released by order of the Governor: Provided, That one of said hospitals shall be located and erected at or near the city of Evansville.

2879b. Sites for three hospitals. 2. It shall be the duty of such board of commissioners, after careful examination, to select, in parts of the State herein before mentioned, suitable sites for the location of three several hospitals for the insane, which selection, when made, shall be the places at which such hospitals shall be erected.

2879c. Purchase of land-Donations-Erection of buildings. 3. When the places for the location of such hospitals shall have been fully agreed upon by such board, or a majority thereof, the said board of commissioners shall, without delay, contract for the purchase of a tract of land not exceeding one hundred and sixty acres at each location, which they shall procure to be deeded to the State of Indiana. Such board of commissioners may receive donations of money or real estate where the same is donated, to aid in the purposes contemplated by this act. In the event land should be donated, it shall be deeded to the State without words of defeasance. Such board of commissioners shall, after selecting the locations for such hospitals, advertise for sealed proposals for the erection and completion of such hospitals upon such plans and specifications as may have been agreed on, embracing offices and buildings, as may be necessary to the complete establishment of such hospitals for the comfort and safekeeping of patients. Such advertising must be done in not exceeding five newspapers, two of which shall be published in the county where such building is to be erected, and the others in such places where they will most likely call out competition in the matter of bids. Such board may, if they deem it expedient, advertise and award contracts for portions of such building or buildings; but, in such case, the board shall be governed by the requirements and restrictions of this act.

2879d. Award of contracts. 4. At the time specified in such advertisement for the opening and examination of bids, the board shall meet at the places designated, and they, together with the Governor, shall open and examine the bids, and award the contract or contracts to the lowest responsible bidder whose bond they deem sufficient, or they may award portions of the work to such bidders, if they shall deem it an advantage to the State to do so; and any and all bids and sealed proposals contemplated by this act shall be accompanied by a bond, payable to the State of Indiana, signed by sufficient resident freehold surety, with a penalty in a sum not less than double the amount of the bid or proposal. Such bond shall be conditioned and must contain provisions in all respects like those required by law in cases for bidding upon county court houses; and such bond shall require the faithful performance of the work specified, if the