sureties in such cases shall not be allowed to avail themselves of the plea of discussion.

enjoins.

SEC. 1755. If a third person shall obtain an injunction to arrest the execution of a judgment between other parties, and it shall be Damages when dissolved, the plaintiff in injunction and his security shall stand in a third person the same situation and be subject to all the responsibilities and penalties imposed by the preceding section on the plaintiff and his security; and a similar judgment may be given against them on the dissolution of the injunction.

of property by

SEC. 1756. In case of refusal or neglect of property owners to pay their taxes, the tax collector shall, after twenty days' written 1869-146. notice in any city or corporate town, and thirty days' in any parish, Seizure and sale to the owner of the property assessed, his agent or attorney in fact, collector in cerseize and sell any property, real or personal, rights or credits, belong-tain cases. ing to such defaulting tax payer without process of court, and all costs of such seizure and sale shall be borne by the defaulting tax payer; and all courts are prohibited and restrained from enjoining or otherwise interfering with State collectors in the discharge of their duties, in collecting licenses or taxes under this law.

ju isdiction of

SEC. 1757. The Third District Court for the parish of Orleans 1869-145. shall have equal and concurrent jurisdiction with the Fourth, Fifth, Concurrent Sixth and Seventh District Courts for the parish of Orleans, in all Third District suits, matters and proceedings in which a judgment in money is not Court. demanded.

SEC. 1758. The said Third District Court shall have exclusive jurisdiction and authority to restrain and enjoin seizures made under Exclusive Juris orders issued by justices of the peace for said parish, whether the diction of Third same are made under mesne process or execution, when the value of the property seized exceeds one hundred dollars.

District Court.

SEC. 1759. So much of the article three hundred and four as 1838-150-3. makes it the duty of the judge to take security in cases of injunc- Art. 304, C. P. tions, or in any other case in which judges are required to take Repeal," securities in cases of injunctions, is repealed.

1855-453. Insane Asylum created.

istrators ap

SEC. 1760. There shall be established in the town of Jackson, parish of East Feliciana, an asylum for the insane, to be called the Insane Asylum of the State of Louisiana."

SEC. 1761. The Governor, by and with the advice and consent of Board of Admin. the Senate, shall appoint five persons, who shall constitute a board of administrators under the name and style of the "Board of Administrators of the Insane Asylum of the State of Louisiana," one of whom shall be elected president by the members of the board.

pointed by the

Governor for the

term of two years.

The board shall remain in office for two years. They shall meet Vacancies, how on the first Monday of each month, and as much oftener as the president may deem necessary; and at each regular meeting said board shall have power to fill any vacancy which may occur by resignation or otherwise.

filled.

SEC. 1762. The president and any three of the members shall What shall form form a quorum, and in the absence of the president, any four of said members shall choose one from among themselves to act as president pro tempore.

a quorum.

1861-217. Powers of the Board of Administrators.

1855-453.

Officers to be

Board of Administrators.

SEC. 1763. The board shall have power to make all rules and regulations for their own government, not contrary to law; to make all necessary contracts; Provided, however, That no member of said board shall in any manner be connected with the taking of such contracts, and they shall further have the right to accept any donation or legacy in the name of the asylum and for its use, to sue and be sued, plead and be impleaded, in all actions appertaining to the asylum.

SEC. 1764. They shall have power to elect a physician, a general elected by the superintendent, and a matron, to be employed in the service of the asylum, with such salaries as may be determined by the board. SEC. 1765. At every regular meeting, the board shall appoint two appointed by the of its members, whose duty it shall be to visit said asylum at least once a week, for the purpose of ascertaining the manner in which

Committee to be

board and its

duties,

the regulations are complied with, and at each monthly meeting to report the condition of the asylum.

Report to be

the General As

The board shall furnish the Legislature, on the second Monday of each session, a detailed statement of the annual receipts and expen- made annually diture of said asylum; a statement of the names of the insane per- by the bod to sons in the asylum; of the number and names of those admitted; of sembly. those deceased, and of those cured and discharged during the current year.

ed, not to be a

and

SEC. 1766. The board shall elect annually a treasurer, who shall be ex officio secretary, and who shall not be a member of the board, 18c1–217. and who shall give bond and security for the faithful performance of Treasurer to be his duty, to be approved by the majority of said board. It shall be annually elect his duty to collect all debts due to said asylum; to receive quarterly member of the upou the warrant of the president, whatever appropriations may be bo his duties. made by the State for its benefit; to take care and keep an exact account of the property, credit and revenues, and to make all necessary payments under such rules and regulations and restrictions as may be established by the board. Said treasurer and secretary, elected by the board, shall receive, as an annual salary for his services, the sum of six hundred dollars paid quarterly on the warrant of the president, out of the funds annually appropriated by the State.

His salary.

a member may

SEC. 1767. The seat of any member who shall absent himself 1855-453. without sufficient cause from the regular meetings, shall be vacated When the seat of by a majority of said board, and the vacancy shall be immediately be declared filled in the manner heretofore provided for. In the absence of the vacant. president, a majority of the members shall have power to call a Vacancy, how meeting of the board whenever the necessities of the asylum may filled. require it.

SEC. 1768. Whenever it shall be made known to the judge of the District or Parish Court by the petition and oath of any individual Lunatics, how that any lunatic or insane person within his district ought to be sent

to or confined in the Insane Asylum of this State, it shall be the

admitted.

duty of the said district or parish judge to issue a warrant to bring Duty of the disbefore him, in chambers, said lunatic or insane person, and after trict judges. proper inquiry into all the facts and circumstances of the case:

sheriff's.

If, in his opinion, he ought to be sent to or confined in said Insane Asylum, he shall make out his warrant to the sheriff of the parish, Duty of the commanding him to convey the lunatic or insane person to the Insane Asylum, for which duty the sheriff shall have the right to demand the same fees as are now allowed by law for the conveyance of convicts to the penitentiary of the State, which shall be paid out of the parish treasury, upon the order of the district or parish Compensation judge, and likewise all other expenses previously incurred in bringing said insane person before the district or parish judge.

to sheriffs.

Powers of the

SEC. 1769. The Board of Administrators shall have authority to receive insane persons, not sent to the asylum by a district or parish board to rece ve judge, on such terms and conditions as they may deem fit to adopt; lunatics in cerand money so received shall be applied to the support of the institution.

tain cases.

Monthly

amounts to be

paid by the

SEC. 1770. All persons received in the asylum as insane, shall be charged at a rate not less than ten dollars a month, unless the police lunatics. jury of the parish from whence the insane person came, a municipal ersons in indicouncil, if from a city or town, or clerk of the court, shall certify stances excepted that said person is in indigent circumstances.

gent circum

of District

SEC. 1771. Whenever application is made to the clerk for a Duties of clerks certificate as above stated, it shall be his duty to examine, under Courts reative oath, such witnesses as may be brought before him, and to give or to the admission refuse said certificate, as the case may in justice require; and the said clerk is empowered, whenever he shall deem the same necessary, to summon before him, as in ordinary cases, any witness necessary, and said certificate so given shall entitle the person therein named to admission into the Lunatic Asylum without charge.

of lunatics in the Asylum.

Persons enter

ing any of the buildings, in

el sures, etc, of

the Asylum,

how punished.

Duties of the Mayor or any justice of the

SEC. 1772. If any person shall, without permission, enter any of the buildings or inclosures appropriated to the use of the patients, or shall make any attempt to do so, or shall enter anywhere upon the premises belonging to said asylum, and commit or attempt to commit any trespass or depredation thereon, or if he shall, either from within or without the inclosure, annoy or disturb the quiet of any patient confined therein, upon conviction thereof before the mayor or any justice of the peace in the town of Jackson, he shall be condemned to pay a fine not less than five nor more than one hundred relative to per- dollars for the use of said asylum, subject to appeal to the District Court as in other cases. And the District Court shall have concurrent jurisdiction over the offending party, and in pronouncing Jurisdiction of judgment, may impose a fine and imprisonment in the parish jail for a term not less than ten nor more than thirty days, or both, at the discretion of the court.

the

Peace in Jakson

sons thus

offending.

the District

Court.

Persons seduc lug any patient

to escapo trom the Asylum, how punished.

1865-217.

tracts.

SEC. 1773. If any person shall abduct or seduce any patient to elope or escape from said asylum, or shall attempt to do so, or shall aid or assist therein, every such person shall, upon conviction thereof, be condemned to pay a fine of not less than fifty dollars nor more than five hundred dollars, for the use of said asylum, and at the discretion of the court be imprisoned in the parish jail not less than one month nor more than six months, or both, at the discretion of the court.

SEC. 1774. In all contracts for work, to be let out by the Board of Administrators, the said board shall cause specifications to be Letting out con- made of the work to be done, and shail advertise the same for one month previous to the letting out of the contract, in a newspaper published in the parish of East Feliciana, and by notice posted up in the town of Jackson during the same time; and the parties wishing to bid for such contract shall be required to make their bids by sealed proposals, which shall be opened at a public meeting of the board by the president, on a day previously fixed, and the contract shall be awarded to the lowest solvent bidder, who shall give bond and security for the faithful execution of the same according to the published specifications.

beyond the appropriation of

SEC. 1775. Hereafter the Board of Administrators, or any officer No contract to of the Asylum, shall have no power to contract any debt, borrow be entered into money, issue drafts, or make any contract, or incur any liability connected with the administration of said Asylum beyond the amount. the Legislature. appropriated by the Legislature and the revenue of the institution for such purposes; and no such contract, debt, or liability thus incurred, by any of said officers, shall be binding on the State, nor shall the State, in any manner, be liable for the same.

the Asylum shall

SEC. 1776. The physician of the Asylum shall professionally The physician of examine the lunatic or insane person sent to the Asylum by the professionally authority of the district or parish judge, and if, in his opinion, said plicants for ad person is only feigning insanity, being a person charged with a mission. felonious crime, he shall report to the board, who shall investigate

xamine the ap

sons charged

sanity.

the facts, and if, in the judgment of the majority, said person should not be admitted as an inmate of the asylum, the president of said Disposal of perboard shall cause such person feigning insanity, and who had been with a crime and previously committed to prison for a crime, to be confined in the feigning inparish jail, and shall immediately inform the president of the police jury of the parish, or the proper authority in the parish of Orleans, where the rejected person has his domicile, of the fact, and the reason of his rejection, and the provisions of this section shall also apply to such persons charged with a crime, who afterwards recover and become sane, in said Asylum.

veyed to the

SEC. 1777. The sheriff of East Feliciana, or his deputy, shall, within reasonable delay, convey said person feiguing insanity, to the He shall be conparish of his domicile, for which duty the sheriff shall have the right parish of his to demand the same fees which are now allowed by law for the con- domicile. veyance of convicts to the penitentiary of the State, which shall be paid out of the parish treasury, on the order of the president of the police jury of the parish of the domicile of the person rejected by the Board of Administrators, or the proper authority in the parish of Orleans.

insane persons

tain cases,

SEC. 1778. Whenever any person, arrested to answer for any crime or misdemeanor, before any court of this State, shall be 1855-151. acquitted thereof by the jury, or shall not be indicted by the grand Courts to send jury, by reason of the insanity or mental derangement of such person, to the Lunatic and the discharge and going at large of such person shall be deemed, Asylum in cerby the court, to be dangerous to the safety of the citizens or to the peace of the State, the court is authorized and empowered to commit such person to the State Insane Hospital, or any similar institution in any parish within the jurisdiction of the court, there to be detained until he be restored to his right mind, or otherwise delivered. by due course of law.

Grand juries to

when bills not

count of

Juries acquit

SEC. 1779. Whenever the grand jury, upon any inquiry which worm the court they make as to the commission of any crime or misdemeanor, by found on acany person, shall omit to find a bill for the causes aforesaid, it shall insanity, be the duty of such jury to certify the same to the court. SEC. 1780. Whenever the jury, upon the general issue of guilty, shall acquit any person for the cause aforesaid, it shall their duty, in giving their verdict of not guilty, to state that it for such cause.

not ting on account be of insanity so to was verdict.

state in their