regulating de scents repealed. nineteen; and the second section of the act, entitled, an act extending the jurisdiction of the superior courts of chancery in certain cases, and for other purposes," passed March the third, eighteen hundred and twenty-seven.(a) 20th section of act 2. Be it further enacted, That the twentieth section of the act, entitled, an act to reduce into one the several acts directing the course of descents," passed March the tenth, eighteen hundred and nineteen, shall be, and the same is hereby repealed.(b) Right of appeal to superior court of chancery. When real estate of infants may be visor. 3. And be it further enacted, That any person or persons, party to any such proceeding, or who ought to have been party thereto, shall have the right of appeal to the superior court of chancery. 4. And be it further enacted, That whenever it shall be made to sold to pay debts appear in any suit brought under this, or the before recited acts, of ancestor or de- that the interest of any infant or infants will be promoted by the sale of his, her, or their real estate, or any part thereof, in order to pay debts due from the ancestor or devisor, and to exempt the slaves of such decedent from being sold for that purpose, it shall be lawful for the court having jurisdiction of such suit, to decree a sale of the said real estate, or a part thereof, in the manner preProceeds of sale, scribed by the acts aforesaid. (a) And the proceeds of such sale shall be invested in the purchase of such, and so many of the slaves of the decedent, as to the court may seem proper, and advantageous to the infant: Provided, That no such investment shall be made, until such slaves shall have been valued by discreet and disinterested commissioners, appointed and sworn for that purpose; a report whereof, with a description of the slaves, shall be returned to the court. how invested. Proviso. Slaves acquired by infant under this act, to descend as real estate. No sale of real estate to be made, until guardians ex 5. And be it further enacted, That upon the death of any infant under age, who shall have acquired any slaves under this act, such slaves shall descend and pass to the person or persons to whom the real estate, which may have been sold as aforesaid, would have passed, and the said courts, in every suit under this act, shall have power to make all proper orders and decrees from time to time, for the preservation of the slaves, to be acquired, to the infant or infants, or to those who would be entitled, if he or they were dead. (c) 6. And be it further enacted, That no sale shall be made of any real estate under the provisions of this act, until the guardian of the ecute bond, &c. infant or infants, shall have executed bond with sufficient security, payable to the justices taking the same, in a penalty equal to double the value of the land proposed to be sold, and with a condition to invest the proceeds of the sale, and account for the same according to law; upon which bond, a suit or suits may be brought, and the justices taking any such bond shall be liable, in case the sureties therein shall prove insolvent, in the same manner, in all respects, Sale of no effect, as upon other guardians' bonds: And if any real estate of an in unless bond be given. Commencement. fant shall be sold under this act, without bond and surety having been (a) 1 Rev. Code 1819, ch. 108, § 16 to 23, pp. 409, 410. Acts 1826-7, ch. 19, § 2, p. 18; ante. ch. 104, p. 134. (b) This section is repealed, acts 1828-9, ch. 19, p. 24, and the twentieth section of the act directing the course of descents is revived; see ante. ch. 149, § 2, p. 207; also, 1 Rev. Code 1819, p. 358, § 20. (c) See 1 Rev. Code 1819, ch. 96, p. 355. (d) Ibid. ch. 108, § 5, p. 406. CHAP. 167.-Resolution concerning the lunatic hospital at Williamsburg.* (Agreed to by both houses, March 4th, 1822.) Resolved by the general assembly, That hereafter it shall be the duty of the directors of the hospital for the maintenance and cure of persons of unsound minds, to report annually, at the commencement of each session of the general assembly, and render an accurate account of all monies received by them from the public treasury, and from the estates of lunatics; and the manner of disbursement; together with a list of the names of the persons in said hospital; the time received; their place of residence; and the expense of removal. CHAP. 168.-An ACT to provide relief for the securities of committees of the estates of insane persons, and for the appointment of guardians for the children of lunatics.f [Passed February 11th, 1825.]. mittees of insane relievable in like administrators, by 1. Be it enacted by the general assembly, That when any securi- Sureties for comty or securities of any committee of the estate of any insane person, persons, and their or the representative or representatives of such security, shall con- representatives, ceive himself, herself, or themselves in any danger of suffering by manner as sureties reason of such securityship, relief may be asked, and shall be grant- for executors and ed in the same manner, and upon the same terms, as the securities obtaining counter of executors and administrators are authorized to demand and re- security, &c. ceive the same by the thirty-eighth and thirty-ninth sections of the act, entitled, "an act reducing into one the several acts concerning wills, the distribution of intestates' estates, and the duty of executors and administrators;" and upon the execution of the new bond, the securities to the former bond shall derive all the benefits and exemptions, and retain all the responsibilities, which, by the provisions of the said act, are derived or retained by securities of executors and administrators: Provided, however, That nothing Proviso. herein contained, shall be so construed as to exonerate, in any manner, the security or securities of any committee, in any bond executed before the commencement of this act, from any liability or claim that he, she or they might or would have been subjected to by reason of his, her or their undertaking as security or securities, had this act never passed. (a) tee for failing to 2. And be it further enacted, That if the committee fail to com- Court may revoke ply with the order for counter-security, or for the execution of a new powers of commitbond with security, the court shall have power to revoke his autho- give such counter. security, &c. rity as committee, to take from him the estate, and place the same in the hands of the security, or to make such other order respecting the same, as they may deem best calculated to protect the rights and interests of all concerned therein.(b). Acts 1821-2, resolution No. 2, p. 91. In 1819-20 this hospital was authorized to be enlarged, by the erection of an additional building containing twelve cells for the reception of patients, but the act having been complied with, it is deemed unnecessary to insert it in this supplement; see acts 1819-20, ch. 33, p. 26. In 1823-4, the building was again ordered to be enlarged and a convalescent apartment for the reception of females ordered to be erected, together with as many additional cells as the court of directors might deem necessary; see acts 1823-4, ch. 90, p. 93. This act is also omitted for the reason above assigned. + Acts 1824-5, ch. 9, p. 14. (a) 1 Rev. Code 1819, ch. 104, § 38, 39, pp. 384, 385. (b) Similar provision, ibid. § 40, p. 385. Guardians of infants of insane persons, when and how appointed. To give bond and security, and be controlled by courts. Their sureties, how relievable. Commencement. Preamble. Commissioners appointed to se the blue ridge. to meet. 3. And be it further enacted, That the courts of the several counties and corporations within this commonwealth, shall have power, when it shall appear to them necessary, to appoint guardians of the infants of insane persons, whose authority as such shall continue during the insanity of the parent, unless the court, in the exercise of a sound discretion in relation to the interests of such infants, shall see fit, at any time, otherwise to order; in which case, they may remove one guardian and appoint another, or make such other order as they shall think best calculated to protect and secure those interests. Guardians appointed under this act, shall, as other guardians, give bond and security for the faithful execution of their office; and, during its continuance shall, like others, be subject to the control of the courts: and the securities of such guardians shall be entitled to the like benefit and protection as is granted by the first section of this act to the securities of committees.(c) 4. This act shall be in force from the passing thereof. CHAP. 169.-An ACT to authorize the establishment of a Western Lunatic (Passed January 22d, 1825.) Whereas it appears to the general assembly that the present public hospital for persons of unsound minds, is insufficient for the reception and cure of all such unfortunate persons: 1. Be it therefore enacted, That John S. Barnes of the county lect a site west of of Monongalia, Joel Shrewsbury, senior, of the county of Kanawha, Briscoe G. Baldwin of the county of Augusta, John B. George of the county of Tazewell, and Allen Taylor of the county of Botetourt, be, and they are hereby appointed commissioners, for the purpose of selecting a site for the erection of a lunatic hospital on the Where and when west side of the blue ridge. It shall be the duty of the said commissioners, or a majority of them, to meet at Lewisburg on the first day of April next, or as soon thereafter as practicable, and shall forthwith proceed to execute the duty required by this act, and Report to execu- make report thereof to the executive of this commonwealth. In case of the death, refusal to act, or inability of the said commissioners, or either of them, the governor, with the advice of council, shall be, and he is hereby authorized to supply such vacancy or Their compensa- vacancies. The said commissioners shall be entitled to receive four dollars each per day, for every day they shall be employed in carrying into effect the provisions of this act.(a) tive. Vacancies among them, how supplied. tion. Executive to appoint a court of directors. They and their successors to be incorporated. 2. When the said commissioners shall have made the selection and report as aforesaid, the executive shall forthwith appoint a court of directors, consisting of thirteen persons, as convenient to the place selected as may be, who shall be, and they are hereby constituted and appointed, with their successors to be chosen, when vacancies happen, by the executive, a body politic and corporate, to have perpetual succession, by the name of "The Directors of the Western Hospital of Virginia, for the maintenance and cure of Corporate powers. persons of unsound mind;" and by that name, may sue and be sued, and may and shall have and use a common seal, and are enabled to take any estate real or personal, given or to be given to the Name. (c) 1 Rev. Code 1819, ch. 108, § 5, p. 406. Acts 1824-5, ch. 35, p. 30. (a) Hospital established at Staunton, in the county of Augusta. court. Seven to form a said hospital or to themselves, for the use thereof, so as the annual income of such donations shall not exceed the sum of three thousand dollars; any law or statute to the contrary notwithstanding.(b) 3. The said directors shall and may, so often as it may be neces- President of such sary, choose a president, to continue in office until his death, resig- His tenure of of nation or removal; and they, or any seven of them, shall form a fice. court, and shall from time to time ordain regulations for the gov- court. ernment of the said hospital, and appoint a keeper and matron thereof, with nurses and guards, when they shall be necessary, and point keeper, maprovide for the accommodation, maintenance and cure of the patients received, or to be received therein: Provided nevertheless, Any five empow That five of the said directors shall form and constitute a court any for the examination of idiots and lunatics, and shall have power, as may seem to them best, to receive or reject any applicant.(c) Powers to make regulations, ap tron, &c. ered to receive or reject patients. chased for hos to be built. receive proposals for building. to be taken of con be made for buildings and land. 4. The said directors, or any seven of them, shall be, and they Land to be purare hereby empowered to purchase a piece or parcel of land not pital. exceeding four acres, the most healthy in situation that can be procured, and as convenient as may be to the site selected by the commissioners appointed under this act; and to contract for the build- House or houses ing thereon a commodious house or houses, fit for the reception and accommodation of persons of unsound minds, having previously Advertisements to given public notice by advertisement published in the Richmond Enquirer, and in some newspaper published in Staunton, for sixty days, that they will receive proposals for the building thereof, and shall take bond with sufficient security from such person or persons, Bond and security in the penal sum of twenty thousand dollars, payable to themselves tractors. and their successors in office, conditioned for the faithful performance of said contract, under the immediate superintendence of the said directors. The said directors shall have full power, from time Payment, how to to time, to order and direct their treasurer to draw upon the treasurer of this commonwealth (which shall be audited by the auditor of public accounts,) for such sums of money, including the cost of the site aforesaid, as may be necessary to defray the expenses of said building or buildings; which shall be paid out of any money in the treasury not otherwise appropriated: Provided, That the whole Limitation of exexpense thereof shall not exceed the sum of ten thousand dollars.(«) 5. When the said hospital shall have been erected, the expenses Expenses of hosthereof shall be provided for and paid in the same manner that the ed, provided for. expenses of the present hospital are provided for and paid; the ju- Jurisdiction, powrisdiction, powers and duties of the directors and keepers of both the said hospitals, shall in all respects be the same; the proceedings keepers. by magistrates and courts concerning the examination of persons examination of of unsound minds, or those supposed to be so, and their removal to persons supposed the hospital hereby established, shall in all respects be the same as are now required or observed in examining such persons, and removing them to the present hospital; and the persons and estates Regulations as to of persons who may be removed to the hospital hereby established, removed to this hospital. (b) Act establishing hospital at Williamsburg, 1 Rev. Code 1819, ch. 109, § 1, p. 412; both hospitals invested with the same powers (c) Ibid. § 2. Idiots not to be admitted in either hospital, post. ch. 171, § 3, 4; acts 1829-30, ch. 6, p. 10. (d) Additional sum appropriated for completion of hospital, acts 1826-7, ch. 4, p. 9. This act is omitted, the sum appropriated having been expended, and the hospital finished. Hospital to be enclosed, post. ch. 171, § 5; additional land to be purchased, acts 1827-8, ch. 7, p. 9. This act is also omitted. pense. pital when erect ers and duties of directors and Proceedings for insane. estates of persons Court to appoint a physician and treasurer. Treasurer to be appointed annually. shall be in the same condition, and subject to the same laws as are now in force in relation to the persons and estates of those removed to the present hospital. (e) 6. The court of directors shall have power to appoint a clerk, clerk, attending attending physician and treasurer, to each of whom they may make a reasonable compensation for their services. The treasurer, (who shall not be a member of the court of directors,) shall be appointed annually, and shall be required, before entering on the duties of the To give bond and office, to give bond with approved security, in the penalty of twenty thousand dollars, payable to the president and directors, and their successors in office, conditioned for the faithful discharge of the duties of his office, and for the settlement of his accounts before His accounts to be the said court of directors, once in six months; which accounts the certified to audi- said court of directors are hereby required to cause to be certified Annual appropria- to the auditor, to be audited as other public accounts. security. tor. tion, when and how to be drawn from treasury. Proviso. Directors to give notice by adver tisement when ed. by executive to county and corporation courts. Insane persons now in jails to be removed to hos pital. When patients And the said court of directors shall have power and authority to draw through their treasurer for the whole amount, or any part of the annual ap. propriation, for which draft or drafts, when presented, the auditor of public accounts is hereby authorized and required to issue a warrant on the treasury: Provided, however, That no such draft made upon the appropriations of one year shall be allowed, until all monies drawn on account of the appropriations of one year next preceding, shall have been duly accounted for by the treasurer of the hospital.(f) 7. The said directors shall, so soon as the hospital hereby established shall be finished, give notice thereof by advertisement in hospital is finish- some paper printed in the city of Richmond, to be published thirty Copies to be sent days; a copy whereof shall be sent, under the direction of the executive, to every county and corporation court of this commonwealth; upon the receipt whereof, it shall be the duty of all magistrates or courts having custody of, or jurisdiction over persons of unsound mind, to have all such as may be confined in the county jails or elsewhere, (for want of room in the present public hospital,) removed to the hospital hereby established. And in all cases that may afterwards occur west of the blue ridge, wherein it may be necessary to remove persons of unsound mind, they shall be removed to the hospital hereby established, so long as it can conveniently receive them. If it be full, they shall be sent to the hospital now at Williamsburg. And, so long as the latter hospital cannot conveniently receive any persons that may be sent to it, such persons shall be sent to the hospital hereby established, from whatever part of the commonwealth they may come. When the hospital at Williamsburg can conveniently receive them, all such persons east of the blue ridge shall be sent thither.(g) shall be sent to this hospital, and when to that in Williamsburg. Repealing clause. Commencement. 8. All acts and parts of acts, coming within the purview of this act, shall be, and the same are hereby repealed. 9. This act shall be in force from and after the passing thereof. (e) 1 Rev. Code 1819, ch. 109, pp. 413, 418. (f) Ibid. § 12, pp. 415, 416. (g) See post. ch. 170, § 1, 2; acts 1827-8, ch. 33, pp. 25, 26, § 1, 2; officers to ascertain by letter whether the cells are vacant, before patient is to be removed to hospitals. |