Ownership, how designated. Booms. Proviso. rent of rivers, streams or water courses in this State, may hereafter adopt a particular mark, brand or stamp, to be used and applied on all such lumber or timber, to distinguish and designate their ownership thereof, and such person or persons so adopting any certain mark, brand or stamp, shall make record of the same with the Clerk of the Circuit Court within the district, describing it particularly, and its usual mode of application, and any person or persons who thereafter shall fraudulently use said mark, brand or stamp, or who may alter, deface or destroy the same, shall, upon proof thereof, be deemed to be guilty of larceny, and punished accordingly. (d) SEC. 7. It shall be lawful for owners of lumber or timber floating down rivers or water courses to make use of floating booms on such streams for the purpose of securing such lumber or timber from loss: Provided, always, That the said booms shall not be used in such manner as to cause any unnecessary delay to boats and vessels engaged in the navigation of such rivers or streams, nor be permitted to remain stretched out upon or across such rivers or steams any longer than is absolutely necessary to secure their timber or lumber from loss; any person or persons who shall maliciously turn loose or cut away such boom or booms, to the injury and loss of the owner or owners of timber or lumber contained or held by such boom or booms, shall be guilty of a misdemeanor, and, on proof thereof, shall be punished by a fine, at the discretion of the court, and shall also be answerable in a suit for damages to the owner or owners thereof. (d) CHAPTER 147. LUNATICS. 1. Duty of State as to Institu- may order private care for lunatic ; tions for Insane, &c. compensation to be allowed for 2. Duty of counties as to aged, such care. infirm, &c. 3. Duty of Circuit Judge upon 4. Order on finding of lunacy. 6. Judge to make order for luna- 7. Duty of Comptroller with reference to such lunatics; duty of State Attorneys and grand juries with reference to the same; proceedings when lunatic is changed or released from custody. 8. What to be done in case compensation for care of lunatic is not accepted. (d) Secs. 2 and 3, Chap. 507, Act of Jan. 8, 1853. 9. When Sheriff to bring lunatic before grand jury for inspection; fee of Sheriff, &c. 10. Estate of lunatics, how sold. 11. Contracts relating to lunatics or idiots, when to be made and when to be binding. 12. Authorities of asylum may receive pay for taking care of lunatics. lunatic may be required to give 16. Governor required to set 17. Physician to have sole charge of asylum. 18. By whom physician shall be 13. What to be furnished such appointed; qualification; tenure lunatic, &c. 14. Terms upon which such lunatic may be received into the asylum; disposition of funds so received. of office; powers, duties and salary. 20. Employees of asylum, num- 15. Parent or guardian of such SECTION 1. Institutions for the benefit of the insane, blind and Institutions for deaf, and such other benevolent institutions as the public good insane, blind may require, shall be fostered and supported by the State, sub- be fostered. ject to such regulations as may be provided by law. (a) and deaf to the poor. SEC. 2. The respective counties of the State shall provide in Counties to the manner fixed by law for those of the inhabitants who by provide for reason of age, infirmity or misfortune may have claims upon the aid and sympathy of society. (a) Judge on suggestion of SEC. 3. Whenever it shall be suggested, by petition or other- Duty of Circuit wise, to any Judge of the Circuit Court of this State, that there is any lunatic or insane person within the limits of the lunacy. judicial circuit of said Judge, incapable of managing his or her own affairs, or of taking care of himself or herself, it shall be the duty of said Judge to issue a writ to the sheriff of the county wherein such lunatic or insane person is alleged to be, directing him to bring such person before him for the purpose Inquiry therein. of inquiring into the alleged fact of lunacy or insanity. (b) 13 Fla., 385. SEC. 4. If it shall be found, upon investigation, that such per- Order on findson is a lunatic or insane, the Judge shall pass such order or ing of lunacy. decree as is usual or necessary in such cases. (b) SEC. 5. If it shall appear that such lunatic or insane person Decree to bind has sufficient estate to support him or her, the decree made by estate of lunatic the Judge shall bind said estate. (b) to asylum. SEC. 6. If it shall appear that said lunatic or insane person Order for lunais destitute, then the Judge shall direct and order that the tic to be taken sheriff shall transport such lunatic or insane person to the asylum for the indigent lunatics of the State of Florida, and there deliver such lunatic or insane person to the officer having charge of the same, for the purpose of his care, custody, and treatment: Provided, however, That the Judge may, in his discre (a) Secs. 1 and 3, Art. 10, Const. 1868. (b) Secs. 1, 2 and 3, Chap. 792, Act of Dec. 27, 1856. Order for private care of lunatic. tion, direct the said lunatic or insane person to be delivered to any other person for his care, custody, and maintenance, in which event the said insane person shall be so delivered, and it shall be the duty of the person to whom such delivery is made to provide for his care, custody and maintenance. For such care, custody and maintenance the said person shall receive Compensation. not exceeding the sum of one hundred and fifty dollars per annum, to be fixed by the Judge and paid by the Treasurer upon a warrant of the Comptroller drawn against the appropriation for the maintenance of lunatics. (d) State Attorneys Investigation by grand jury. SEC. 7. It shall be the duty of the Comptroller once in every Comptroller to forward lists of six months to forward to the State Attorney of each circuit a lunatics to list of the lunatics in the care of private persons in the several counties in his circuit; and it shall be the duty of the State Attorney to cause an investigation to be had into the merits of each case by the grand juries of the several counties at the next term of the court. Upon the presentation of each case to the grand jury, it shall be their duty to inquire into the same, causing each of said lunatics to be brought before them by the sheriff of the county, and to make a report of the true condition of all such lunatics. A copy of this report shall be forwarded by the State Attorney to the Attorney-General and to the Comptroller. In all cases where the Attorney-General shall deem it proper, he shall direct the State Attorney to institute proceedings before the Judge of the Circuit Court looking to the change of the custody of said lunatic, or to his final discharge from such care and custody, or to his transfer to the State Asylum; and the said Judge shall make such order in the premises as to him shall seem just and right. (d) Report. Proceedings. Compensation to private parties. Duty of sheriff as to lunatics. SEC. 8. The sum allowed to any private person for the care and custody of any lunatic shall not exceed one hundred and fifty dollars per annum, and no other or further sum shall be allowed for such service. In the event the sum herein allowed is not accepted by such person, the Judge of the Circuit Court shall direct the transfer of the lunatic to the State Asylum or his discharge, upon petition filed by such person. (d) SEC. 9. Upon the filing of a præcipe to that effect in the clerk's office by the State Attorney, or upon the order of the Judge, the clerk shall issue a writ commanding the sheriff to bring before the court or the grand jury any person alleged to be a lunatic or insane person, and the sheriff shall execute such process. The clerk and sheriff shall receive for such service Compensation. such compensation as is now allowed by law for the issuing and service of a capias. (d) Manner of sale SEC. 10. The real estate of idiots and lunatics may, upon the of real estate of application of their guardians, be sold in the manner prescribed by law for the sale of the real estate of infants. (e) SEC. 11. The guardians of idiots and lunatics shall be au idiots and lunatics. (d) Secs. 1, 3, 4 and 5, Chap. 3036, Act of March 2, 1877. (e) Sec. 1, Chap. 1544, Act of Dec. 10, 1866. thorized to make such contracts relating to the person and es- Contracts relatate of their wards as such guardians may deem expedient: of idiots and ting to estates Provided, however, That before such contracts shall bind the lunatics. estate of such idiot or lunatic they shall be approved by the Judge of the Circuit Court of the Circuit in which the letters of guardianship shall have been issued, and in case of real estate, such contracts shall be approved by the Judge of the said Circuit Court in which the same is situated. (e) for pay. SEC. 12. It shall be lawful for the physician in charge of the Care of lunatics Asylum for Indigent Lunatics of the State of Florida, when directed by the Board of Commissioners of State Institutions, to receive into said asylum any lunatic, idiot or insane person whose friends, parents or guardians are able and willing to pay for the care and custody and maintenance of said lunatic, idiot or insane person. (ƒ) SEC. 13. Such lunatic, idiot or insane person shall receive Attention, &c. all care, food, clothing and medical attention as he or she may demand and require from the physician and other employees of the asylum. (ƒ) SEC. 14. The Board of Commissioners of State Institutions Terms. shall, in all such cases, prescribe what amount shall be paid by the friends, parents or guardians of any such lunatic, idiot or insane person as may be received into the said asylum, for the support, care and custody of such lunatics, idiots or insane persons; and such moneys shall be paid by the friends, parents or guardians of such lunatics, idiots or insane persons, quarterly, to the Treasurer of the State of Florida, who shall receipt for the same; and such moneys so received shall always be taken and considered as a part of the sum appropriated for the main- of funds. tenance of indigent lunatics, and shall be used as such. (f) Disposition SEC. 15. Whenever the Board of Commissioners of State Bond. Institutions shall deem it necessary or expedient, they may require a good and sufficient bond from the friends, parents or guardians of any lunatic, idiot or insane person whom it may be desired to have placed in the said asylum, for the prompt and faithful payment of what may be charged for the support, care and custody of such lunatic, idiot or insane person; and if such friends, guardians or parents do not pay the amounts required by the Board of Commissioners for the support, care and custody of such lunatic, idiot or insane person, within six months after the same is due, it shall be the duty of said Board of Commissioners to commence suit upon such bond; and any moneys recovered in any such action shall be always applied for the maintenance of indigent lunatics. (f) Suit on bond. SEC. 16. The Governor of this State is required to set apart Portion of State buildings to be a portion of the public buildings of this State at Chattahoochee, set aside for luin Gadsden county, for the purpose of an Indigent Lunatic natic asylum. Asylum, to which all indigent persons who may be found to be (e) Sec. 2, Chap. 1544, Act of Dec. 10, 1866. (f) Secs. 1, 2, 3 and 4, Chap. 3115, Act of March 8, 1879. Powers. Qualification. Tenure. insane, lunatic or non compos mentis by the courts of this State having jurisdiction of the subject, may be confined for safe keeping and treatment. (g) SEC. 17. The physician of the asylum shall have sole supervision of, and immediate superintendence of the Asylum for Indigent Lunatics of the State, subject to the direction of the Board of Commissioners of State Institutions. (h) SEC. 18. The physician and superintendent of the Asylum Appointment. shall be appointed by the Board of Commissioners of State Institutions, and shall be a man of good moral character, experienced in the management of lunatics, and qualified as a physician; he shall hold his office for the term of two years from the date of his appointment, unless sooner removed by the Board of Commissioners for incompetency, neglect or improper conduct; he shall exercise such powers in control of the inmates of the asylum and in conduct of the institution as shall be determined between him and the Board of Commissioners, and shall receive such salary, not exceeding two thousand dollars per annum, as the board shall prescribe. (h) Powers. Salary. Physician. Employees. SEC. 19. The physician of the State prison shall also be the physician for such asylum, and shall exercise such powers in the matter of the care of the inmates of such asylum as may be prescribed by said Board of Commissioners. (i) SEC. 20. The said board shall regulate the number and compensation of the employees of such asylum, and prescribe the duties to be performed by them. (i) Record to have preference in of title. CHAPTER 148. MARKS AND BRANDS. 1. Marks and brands to be recorded. Recorded brand to have preference in cases of conflict of title. 2. Oldest record prima facie eviidence. 3. Duty of clerk as to recording marks and brands; fees of clerk. SECTION 1. It shall be lawful for all persons residing in the State to record their marks and brands in the office of the case of conflict Clerk of the Circuit Court in which such person resides; and if any person shall neglect to record the same, whenever any horses, mules, cattle, hogs, or sheep shall or may happen to be in dispute between the party so recording his marks and brands, and any other person not having recorded, as aforesaid, both having one and the same marks and brands, and the property (g) Sec. 1, Chap. 2012, Act of Feb. 19, (h) Secs. 1 and 2, Chap. 3114, Act of March 8, 1879. |