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scents repealed. entitled,

visor.

nineteen; and the second section of the act, entitled, “an act ex-
tending the jurisdiction of the superior courts of chancery in cer-
tain cases, and for other purposes," passed March the third, eigh-

teen hundred and twenty-seven.(a)
20th section of act 2. Be it further enacted, That the twentieth section of the act,
regulating de-

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nineteen, shall be, and the same is hereby repealed.(6) Right of appeal to 3. And be it further enacted, That any person or persons, party superior court of

to any such proceeding, or who ought to have been party thereto, chancery.

shall have the right of appeal to the superior court of chancery. When real estate 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 do- 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 how invested.

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 advantaProviso. geous to the infant: Provided, That no such investment shall be

made, until such slaves shall have been valued by discreet and dis-
interested commissioners, appointed and sworn for that purpose; a
report whereof, with a description of the slaves, shall be returned

to the court.
Slaves acquired by 5. And be it further enacted, That upon the death of any infant
infant under this
act, to descend as under age, who shall have acquired any slaves under this act, such
real estate. 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)
No sale of real es- 6. And be it further enacted, That no sale shall be made of any
tinti li qubadianbet- 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
i herein 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 ingiven.

fant shall be sold under this act, without bond and surety having been
given as aforesaid, or without the provisions of the before recited
acts having been complied with, the sale shall be of no effect.(d)

unless bond be

7. This act shall be in force from its passage. (a) 1 Rev. Code 1819, ch. 108, § 16 to 23, pp. 409, 410. Acts 1826-7, ch. 19, § 2, p. 16; ante, ch. 104, p. 134.

(0) 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. 106.

Commencement.

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.

mittees of insane

relievable in liko manner as sureties

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.t

[Passed February 11th, 1825.) . 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 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)

2. And be it further enacted, That if the committee fail to com- Court may rovoke ply with the order for counter-security, or for the execution of a new powers of commit bond with security, the court shall have power to revoke his autho- give such counter. rity as committee, to take from him the estate, and place the same

security, &c. 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.(6)

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.
(6) Similar provision, ibid. § 40, p. 385.

Guardians of infunts of insane persons, when and

3. And be it further enacted, That the courts of the several coun

ties and corporations within this commonwealth, shall have power, how appointed. 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 To give bond and interests. Guardians appointed under this act, shall, as other guarcontrolled by

dians, give bond and security for the faithful execution of their of

fice; and, during its continuance shall, like others, be subject to the Their sureties, 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.

Becurity, and be

courts.

how relievable.

Commencement.

Preamble.

to meet.

tive.

Vacancies among

Caap. 169.-- An ACT to authorize the establishment of a Western Lunatic

Hospital."

(Passed January 220, 1825.) Whereas it appears to the general assembly that the present public hospital for persons of unsound minds, is insufficient for the recep

tion and cure of all such unfortunate persons : Commissioners 1. Be it therefore enacted, That John S. Barnes of the county appointed Het a site west of of Monongalia, Joel Shrewsbury, senior, of the county of Kanawha, the blue ridge. 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 pur

pose 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 com

missioners, 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 cominonwealth. In

case of the death, refusal to act, or inability of the said commisthem, how sup

sioners, or either of them, the governor, with the advice of council, plied.

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)

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 They and their place selected as may be, who shall be, and they are hereby con

tion.

Exerutive to appoint a court of directors.

stituted and appointed, with their successors to be chosen, when incorporated.

vacancies happen, by the executive, a body politic and corporate, Name. to have perpetual succession, by the name of “The Direciors 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 en-
abled to take any estate real or personal, given or to be given to the

(c) 1 Rey. Code 1819, ch. 108, § 5, p. 406.
* Acts 1824-5, ch. 35, p. 30.
(a) Hospital established at Staunton, in the county of Augusta.

successors to be

Seven to form a

tron, &c.

chased for hos

to lie taken of contractors.

said hospital or to then selves, 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. (6)

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 ofnation 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 Porsers to make 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 empowThat any five of the said directors shall form and constitute a court ered to receive or

reject patients. for the examination of idiots and lunatics, and shall have power, as may seem to them best, to receive or reject any applicant.(c)

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 to be built. accommodation of persons of unsound minds, having previously Advertisements to given public notice by advertisement published in the Richmond econo proposals

for 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 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 trea-horand land.wildsurer 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.(cl)

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, pow risdiction, powers and duties of the directors and keepers of both the said hospitals, shall in all respects be the same; the proceedings keepers

Proceedings for 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, moving 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.
(6) 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 18299-30, 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.

ers and duties of directors and

and re

treasurer. Treasurer to be

how to be drawn

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) Court to appoint a 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 appointed annu

shall not be a member of the court of directors,) shall be appointed ally.

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 security. 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. And the tion, when and said court of directors shall have power and authority to draw through from treasury.

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 warProviso. rant 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) Directors to give 7. The said directors shall, so soon as the hospital hereby estabnotice by adver- lished 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 exby executive to

ecutive, to every county and corporation court of this commonwealth; county and corpo

upon the receipt whereof, it shall be the duty of all magistrates or now in jails to be courts having custody of, or jurisdiction over persons of unsound removed to hos- mind, to have all such as may be confined in the county jails or pital.

elsewhere, (for want of room in the present public hospital,) removed When patients 10 the hospital hereby established. And in all cases that may afterthis hospital, and wards occur west of the blue ridge, wherein it may be necessary when to that in to remove persons of unsound mind, they shall be removed to the Williamsburg. 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) Repealing clause. 8. All acts and parts of acts, coming within the purview of this

act, shall be, and the same are hereby repealed. Commencement. 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.

() 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.

[graphic]

ration courts.

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