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put

to record

fied.

again entered correctly by means of any writing, such court may order its clerk to have the matter re-entered; and the same, when done and approved by the court, shall have the same effect as the original. S 8. When any record book of wills, deeds, and other in- Record of wills,

&c., lost, how struments of writing, or any such instrument, shall be filed again put' tare in any clerk's office, and shall be lost, destroyed, or become effect thereof. illegible, the clerk in whose office such book or paper was, upon the production to him of any original paper which was recorded in such book, or an attested copy from the record, or of any thing else in said book, or of any paper so filed, shall, on the request of the person interested, record the same anew, and shall certify on the record whether it was recorded from the original or a copy, and how the same was authenticated; and such record shall be prima facie evidence.

$ 9. When any deed, mortgage, will, inventory, sale bill, Books of recordor other instrument of writing, required or authorized by lost, &c., how law to be recorded, has been so recorded, and the book anew and certicontaining the same has been lost, destroyed, mutilated, or defaced, and an attested copy thereof is impounded in any other court of this State, it shall be lawful for any person to procure a copy of such copy, attested by the officer having the custody thereof, and produce the same to the clerk of the court in which the originals were recorded, who shall record the same anew, and shall certify that the same was recorded from a copy of a copy, and such record shall be prima facie evidence; and the clerk shall also retain and file the copy from which such record is made.

§ 10. That when any deed, mortgage, or other instrument If no copy of the of writing, authorized by law to be recorded, has been so re- istence, court of corded, and the book containing the same has been lost, de-wp-how, and by stroyed, mutilated, or defaced, and there is not in existence a copy of such writing known to the person claiming under the same, it shall be lawful for such person to institute a suit in equity, in the county where such instrument was recorded, against the grantors or obligors in such writing, or his heirs or personal representatives, setting forth the fact of the existence of such writing, and the destruction of the record, and, upon hearing, the court may render judgment that the defendants make and execute another writing in lieu thereof, and of the same tenor and effect; and upon their failure so

GEN. STAT.-41

to do in a reasonable time, the court shall cause the same to be executed by a commissioner, which shall vest in plaintiff all the rights vested in him by the original writing; and if the recorded instrument be a conveyance for land, the plaintiff may make defendants any or all who have had title to such land for fifteen years preceding the institution of such suit. No judgment for costs shall be rendered against the defendants unless they shall make defense and fail therein, or unless they fail to convey or execute a new writing when adjudged to do so by the court; in which case they shall, if adults, pay the cost of making such writing by a commissioner.

CHAPTER 73.

LUNATIC ASYLUMS.

Asylums at Lexington and Hopkinsville continued—Number of Managers-

Duties of Officers.

The Western Lu-
natic
created bodies-

§ 1. The two Lunatic Asylums, one at Lexington and the One at Lexington other at Hopkinsville, are continued under the management ern Lunatic Asy- and control of the present managers and superintendents kinsville styled and their successors. Each asylum is declared to be a

Asylum, body-politic and corporate, that at Lexington by the name politic, &c.

and style of “The Eastern Lunatic Asylum," and that at Hopkinsville by the name and style of “The Western Lunatic Asylum.” Each corporation shall have perpetual succession, with power to make contracts necessary for the purposes and objects of the institution, to receive any gift or devise of property for the benefit of the same, the title thereto to vest in the Commonwealth, and may sue and be sued.

$ 2. The number of managers for each asylum shall be

six. The period of service of each manager shall be six period of service.

When the term of service of any of the present managers shall expire, the General Assembly, if in session, shall fill the vacancy; and if there be no General Assembly in session, the selection and appointment shall be made by the Governor. If a vacancy occurs by death, resignation, or otherwise, the same shall be filled by the Governor. The managers hereafter appointed shall discharge this trust for six years, except that if there be not two appointed at the

Six

managers;

years.

Vacancies.

rum.

and treasurer.

same time, upon the happening of the first vacancy by expiration of term, then the one appointed next after him first appointed shall only hold the position until the expiration of the term of the first appointee; and the two next appointed shall serve until the expiration of two years; and those two last appointed until the expiration of four years from the same period. Each incumbent shall continue to discharge the duties of his trust until his successor is appointed and qualified. Each manager shall, before entering upon the trust, take an oath well and faithfully to discharge the duties thereof.

$ 3. The managers shall appoint their chairman; three Chairman ; quoshall be a quorum, and a majority of the quorum sufficient to do any business pertaining to the board, other than that of making or repealing by-laws, for which the vote of four managers shall be necessary.

1. They shall pass all necessary by-laws for the govern- By-laws. ment of the institution, and all officers and servants attached thereto.

2. They shall appoint and remove at pleasure a steward, Steward, matron, a matron, and a treasurer.

3. All subordinate officers and servants allowed by the Subordinate offiboard shall be appointed and removed by the superintendent.

$ 4. There shall be a superintendent in each asylum, who Superintendent. shall be a skillful physician. He shall reside in the asylum, and devote his entire time to the management thereof and the supervision of the patients, and, subject to the by-laws, shall have control of the institution.

$ 5. The superintendent of each asylum shall be appoint- Governor to aped by the Governor, by and with the advice and consent of the Senate; and if a vacancy occur, the Governor shall appoint another to supply the same until the end of the session of the General Assembly then next ensuing. The superintendent now in charge of the asylum shall hold his office or trust for two years from the passage of this law, and until his successor is appointed; and thereafter each superintendent shall hold and occupy the position for four years, unless, upon the application of a majority of the managers, he may .

be displaced by the Governor. The superintendent shall have authority to select one assistant physician to aid

cers and servants

point.

treasurer: his duties and bond.

him in the management of the asylum and the care of patients therein.

§ 6. A treasurer shall be appointed by the board of manaBoard to appoint gers, who, before he enters upon his duties as such, shall

execute a covenant with the Commonwealth, with sufficient surety, to be approved by the county judge, worth at least thirty thousand dollars, conditioned for the faithful discharge of all duty devolved upon him as treasurer. This covenant shall be renewed once in every two years, and oftener, if required by the board. He shall receive, collect, sue for, and pay out all moneys belonging to the institution, settle his accounts with the board at least once in every three months, and in the month of December of every year with the Auditor. He shall keep all money belonging to the institution to his credit as treasurer in one of the banks incorporated by the laws of this Commonwealth, and not be allowed to check out the same but by virtue of special orders made from time to time by the board, and attested by its chairman, or, in his absence, by the chairman pro tem.

$ 7. All purchases shall be made and all work procured to Purchases to be be done for cash. The steward shall keep a regular account Steward to keep of all daily disbursements for the asylum, take vouchers for of disbursements. all payments, settle his accounts with the superintendent and

treasurer once in every month, furnishing proper vouchers for each disbursement; with the board once in every three months, and with the Auditor in every month of December. He shall keep his accounts always open for the inspection of any manager, the superintendent, or the treasurer. He shall give a covenant to the Commonwealth, with good surety, worth four thousand dollars, to be approved by the judge of the county court, for the faithful discharge of his trust.

§ 8. The assistant physician shall, in case of the sickness Assistant physi- or absence of the superintendent, discharge the duties of

superintendent.

$9. The superintendent shall keep a register of all patients, Register of pa- showing name, age, date of reception, and discharge, by

whose authority received or discharged, and such as are pay patients or boarders.

$ 10. The steward shall be accountable for the careful Steward account- keeping and economical use of all furniture, stores, or other furniture, &c. articles provided for the asylum. He shall annually, during

for cash.

regular accounts

cian.

tients.

the month of November, make and file with the managers a

able for stores,

proceedings to be

gers.

empt from milicia

true and perfect inventory, verified by oath, of all personal property of every description belonging to the asylum, with the estimated value of different classes of articles.

§ 11. The managers shall keep a regular record of their Record of doings, which, together with the accounts of any officer, kept by manashall be open at all times for the inspection of the Governor or a legislative committee, or of any person appointed by either to examine the same; and it shall be the duty of the Governor whenever, in his opinion, the interest of the Commonwealth demands it, to appoint a special auditor, for the purpose of inspecting the books and accounts kept in either asylum, and report the true financial condition of the institution as respects receipts and disbursements and the propriety thereof.

$ 12. The managers and all officers and servants of the All officers exasylum shall be exempt from militia duty, from working on duty, &c. the public highway, and from serving on any jury. Nor shall the officers and servants be required to give personal attendance as witnesses in any civil suit out of the county in which the asylum is situated, but their depositions shall be taken in lieu thereof.

§ 13. The managers must reside within five miles of the Where managers asylum, and receive no compensation for services rendered; their duties. they shall hold regular quarterly meetings, and as much oftener as may be required by notice from the chairman or any two managers. They shall maintain a vigilant inspection of the asylum, for which purpose one of them shall visit it every week, two once every month, a majority once every quarter, and the whole board once every six months, in the manner and at the times to be prescribed by the by-laws. In a book kept for that purpose the visiting manager or managers shall note the date of each visit, the condition of the house, patients, &c., with such remarks as may be deemed necessary. Any manager who cannot or will not comply with his duty as visitor for three months, shall vacate his office, and the chairman shall report the same to the Governor, who shall fill the vacancy. $ 14. No private patient shall be received but by the per- Private patients

-regulation as to mit of a committee, composed of two managers and the superintendent, after personal inspection and other proof as may be deemed necessary, of the insanity of the party; nor shall any patient be discharged as cured or delivered to the

must reside, and

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