As Amended 1893-4, p. 956. Extra Session 1887, p. 533. Extra Session 1887, p. 533. 89 Va. 771. As Amended 1893-4, p. 956. maintenance shall not be more than is now paid for their support; but in cases where the insane persons shall have any estate or effects over and above the support of his or her family the same shall be applied to the defraying of such expense so far as they will go or so far as may be necessary. Sec. 1683. Delivery of lunatics to their friends; terms thereof.Except in the case of a person charged with crime and subject to be tried therefor, or convicted of crime and subject to be punished therefor when in a condition to be so tried or punished, the board of any asylum or the court of any county or corporation may deliver any lunatic confined in such asylum or the jail of such county or corporation to any friend who will give bond with surety with the condition mentioned in section sixteen hundred and seventy; and where a lunatic except as aforesaid is deemed by the superintendent of an asylum both harmless and incurable the board may deliver him without such bond to any friend who is willing and in the opinion of the board able to take care of him without cost to the commonwealth. Sec. 1687 a. Disposition of lunatic charged with crime when restored to sanity.-When any person confined in any asylum and charged with crime and subject to be tried therefor, or convicted of crime, shall be restored to sanity, the superintendent of such asylum shall give notice thereof to the clerk of the court by whose order or by the order of the judge thereof he was confined, and deliver him in obedience to the proper precept. NOTE.-Compare with section 1687 of the code. Sec. 1688 a. Discharge of other restored lunatics.-When any other person confined in an asylum or jail as a lunatic shall be restored to sanity the superintendent or the court, as the case may be, shall discharge him and give him a certificate thereof. NOTE.-Same as section 1688 of the code. Sec. 1693. Contracts for their care and maintenance. The court in whose jail any lunatic is confined may when practicable and proper contract with some fit person for the maintenance and care of such lunatic out of the jail until such lunatic can be received into an asylum and no longer, and make allowance therefor not exceeding what is authorized for a lunatic confined in jail. The expenses, services, and allowances mentioned in this and the two preceding sections shall be certified to the auditor of public accounts for payment. Nothing in this section shall be construed to relieve the sheriff or other officer to whom the order of the justices directing the removal of a lunatic to an asylum is directed from the duty imposed upon him by sections sixteen hundred and seventy-one and sixteen hundred and ninety-five to ascertain immediately after receiving said order by written inquiry of the superintendents of the asylums whether there is a vacancy therein, and if necessary to make said inquiry at least once in every month thereafter of the boards of directors of each of the asylums. The provisions of section sixteen hundred and seventy-three shall apply to a lunatic who has by the court been committed to the care of some person out of jail in pursuance of the terms of this section as if said lunatic was confined in jail. Sec. 1697. [86 Va. 763.] Sec. 1698. [86 Va. 763.] Sec. 1700. [86 Va. 763.] TITLE 23 A. GENERAL PROVISIONS AS TO THE BOARD OF DIRECTORS AND VISITORS OF STATE INSTITUTIONS. CHAPTER LXXV 4. BOARDS OF DIRECTORS AND VISITORS OF STATE INSTITUTIONS. Sec. 1713 a. To authorize and empower the several boards of visi- 1895-6, p. 217. tors to the institutions of this state to investigate the management of their institution or the conduct of any of its officers or employees.— 1. Whenever any board of visitors to any of the institutions of this state now in existence or that may hereafter be created deem it necessary or expedient to investigate the management of their institution or the conduct of any of its officers or employees such board or a committee of its members selected by the board shall have the power and authority to send for persons and papers or to order the attendance of witnesses and compel their attendance as is now conferred upon a committee appointed by the general assembly or either branch thereof by section two hundred and three of the code of Virginia. 2. The oath to be taken by any witness examined by such board or committee may be administered by the president or the presiding officer of the board, chairman of its committee, or the clerk or secretary of the board or committee. 3. All expenses incurred in summoning or in the attendance of such witness shall be paid out of the funds of the institution whose board made or ordered the investigation. Sec. 1713 b. Expenses of the boards of directors of the several state 1897-8, p 137. hospitals and the boards of visitors of the various institutions of learning receiving aid from the state.-1. The board of directors of the several state hospitals and the boards of directors of the various institutions of learning receiving aid from the state shall receive their actual expenses (itemized) incurred in the discharge of their duties in attending the meetings of said boards or committees. 2. That no mileage, per diem, or other compensation whatever shall be allowed. TITLE 24. THE PUBLIC HEALTH. CHAPTER LXXVI. OF DANGEROUS, CONTAGIOUS, OR INFECTIOUS DISEASES (AND THE STATE BOARD OF EMBALMING). Sec. 1714. State Board of health; how constituted and appointed; As Amended term of office. The governor shall appoint seven physicians, three from 1895-6, p. 674. the city of Richmond and the other four from different sections of the state, who shall constitute the state board of health and vital statistics. As Amended 1895-6, p. 674 As Amended 1895-6, p. 674. As Amended 1895-6, p. 675. The physicians so appointed shall hold their office four years and until their successors are appointed, and all the vacancies in the board shall be filled by the governor. Sec. 1715. Their duties, powers, and annual reports.-The state board of health shall place themselves in communication with the local boards of health, the hospitals, asylums, and public institutions throughout the state, and shall take cognizance of the interests of health and life among the citizens generally. They shall make sanitary investigations and inquiries respecting the causes of disease, especially of epidemic and endemics, the sources of mortality among the white persons and the colored persons, and the effects of localities, employments, conditions, and circumstances on the public health; and they shall gather such information in respect to these matters as they may deem proper for diffusion among the people. They shall devise some scheme whereby medical and vital statistics of sanitary value may be obtained and act as an advisory board to the state in all hygienic and medical matters, especially such as relate to the location, construction, sewerage, and administration of prisons, hospitals, asylums, and other public institutions. They shall have power and authority as hereafter directed to adopt such rules and regulations and issue such orders as may be necessary to prevent the spread of contagious or infectious diseases and to confine persons infected there with or who may have recently been exposed to the same within prescribed limits. They shall at each regular session of the general assembly make a report of their doings, investigations, and discoveries, with such suggestions as to the legislative action required as they may deem proper. Sec. 1717. Meetings of board; president and secretary; quorum; their compensation. The board shall meet at the capital of the state at least once in every three months and oftener if they deem necessary. Three members shall constitute a quorum. They shall elect from their own number a president and permanent secretary. The latter shall reside at the capital and shall be their executive officer. The salary of the secretary shall be fixed by the board. The other members of the board shall receive no salary, but shall be paid the sum of four dollars per day while engaged in the discharge of their duties and their travelling expenses incurred while so employed. The expenses of the state board of health, which shall not in any one year exceed the sum of two thousand dollars, shall be paid by warrants drawn on the auditor of public accounts, signed by the president of said board and countersigned by the secretary, out of any money in the treasury not otherwise appropriated. Sec. 1719. [83 Va. 204.] Sec. 1724. Duties of the state board of health and of justices when small-pox, &c., is suspected.-If any member of the state board of health or a justice of any county shall have complaint on oath made to him, or if he shall have reason to think that there is on any lot, tenement, or plantation, or on board any vessel in said county any person infected with small-pox or other dangerous disease it shall be the duty of said member of the board of health or of said justice to issue a mandate in writing, addressed to two physicians of said county, requiring them to go to the place so suspected and to examine the persons diseased if any, and to report in writing their opinion of such disease and whether the public's interest require any action. If it appear to said board of health or said justice from said report that such person or persons are infected with small-pox or other dangerous disease then said board of health or justice, whichever has first taken cognizance of the case, shall prescribe such rules and regulations as may be deemed necessary to prevent the spread of such disease; but the action of said justice shall be subject to the review of the local board of health, and for this purpose said board of health or justice may establish a quarantine at the place or places where such disease exists and inhibit any ingress or egress to or from the same. They may by proper orders prevent any railroad train, steamboat, or other conveyance from taking on or putting off passengers or freight at any point or points in or near the infected district. For the services required of the physicians under this section a reasonable allowance shall be made to them by the board of supervisors at the next county levy thereafter. Sec. 1725. Removal of persons infected to hospital. The council or As Amended health officer of a city or town or any two justices of a county or the state 1895-6, p. 675. board of health may cause any person in said city, town, or county infected with any contagious or infectious disease dangerous to the public health to be removed to a hospital or other place for the reception of the infected unless such person be sick in his own place of residence or cannot be moved without danger to his life. Sec. 1725 a. Transportation of bodies dead of contagious or infec- 1891-2 p. 905. tious diseases.-No railroad corporation or other common carrier or per son shall convey or caused to be conveyed through or from any city, town, or place in this state First. The body of any person who died of small-pox, Asiatic cholera, or yellow fever. Second. The body of any person who died of measles, diphtheria, scarlet fever, or typhoid fever, or any other contagious or infectious or communicable disease before offered for transportation must be wrapped in a sheet thoroughly saturated with a strong solution of bi-chloride of mercury in the proportion of one ounce of bi-chloride of mercury to one gallon of water and enclosed in an air-tight coffin or casket hermetically sealed, which shall be enclosed in a tight wooden box of material not less than one inch in thickness. Before any dead body can be received for transportation there shall be presented to the transportation agent a certificate from an undertaker stating that the aforesaid regulations have been complied with by him; also a certificate from the local health official, or where no health official exists a certificate from a practicing physician shall be presented stating the name, the place of death, and the disease which caused the death of the deceased. Said certificate shall be furnished in duplicate; one copy shall be posted upon the box containing the dead body. Said certificate shall be furnished in blank by the transportation company where no local board of health exists. Sec. 1733. Compulsory vaccination to be free to the poor, including As Amended children attending free schools.-The council of any city or town and 1893-4, p. 232. the board of supervisors of any county, when in their judgment occasion requires, may cause persons residing within the limits of such city, town, or county to be vaccinated with genuine vaccine matter; and the council of any city or town and the board of supervisors of any county may enforce obedience to its ordinance or orders, as the case may be, by fixing fines and penalties for the violation of said ordinance or orders. Should any person, including children who attend the public schools, be unable to pay for vaccination such person shall be vaccinated with genuine vaccine matter at the cost and expense of the city, town, or county, and provision shall be made therefor by the council of the city or town or by the board of supervisors of the county. 1895-6, p 193 1893-4, p. 727. Sec. 1743 a. Quarantine for convicts in the penitentiary and prisoners in the jails of the commonwealth in case of any contagious or infectious diseases breaking out among convicts and prisoners dangerous to the public health.-It shall be lawful for the governor of the commonwealth of Virginia upon the application of the superintendent of the penitentiary, when requested in writing so to do by the physician at said institution, to have removed from said penitentiary any felon or prisoner serving a term of imprisonment who has contracted any such contagious or infectious disease dangerous to the public health to some place to be designated by the said governor, and when any such prisoner is so removed he shall be safely kept and treated for said disease, and as soon as he recovers his health be returned by said superintendent to said penitentiary unless the term of his imprisonment has expired during his quarantine, in which event he shall be discharged, but not until all danger of his spreading contagion has passed. 2. The judges of the county and corporation courts of the commonwealth are likewise authorized and empowered to have removed from the jails of their respective counties and cities upon the application of the keeper of the jail, when requested so to do in writing by the physician doing the practice at the jail in question, all felons or prisoners serving terms of imprisonment in said jail and all persons who may be confined in said jail and awaiting trial who have contracted any such contagious or infectious disease dangerous to the public health to some place designated by the judge of the county or corporation court, as the case may be, wherein it exists, and when said prisoners are so removed they shall be safely kept and receive proper care and attention including medical treatment, and as soon as they are restored to health they shall be returned to the jail from whence they were moved unless the term of those who have been convicted of any offence should expire during the time of their quarantine, in which event they shall be discharged, but not until all danger of their spreading contagion has passed. All expenses incurred under and by reason of this act shall as to prisoners taken from the penitentiary be borne by the state, and as to persons taken from the jails of counties and corporations be paid by the respective cities and counties. Sec. 1743 b. State board of embalming.-1. There is hereby established and created a board to be known as the state board of embalming of Virginia. 2. OF WHOM COMPOSED AND HOW APPOINTED.-The board shall consist of five members, to be appointed by the governor of the commonwealth, and all vacancies occurring on the board shall be filled by the governor. Each member shall serve for a term of five years from the date of his appointment going into effect except those first appointed, who shall serve as follows: One for one year, one for two years, one for three years, one for four years, and one for five years, respectively. The governor shall designate the number of years each shall serve, and any one having served as a member of the board shall be eligible for reappointment. The first board shall be appointed on or before the first day of June, eighteen hundred and ninety-four, and one member annually thereafter, who shall serve for a term of five years from the first day of July next ensuing; all subsequent appointments on the board except to fill vacancies shall be selected from three names sent to the governor by the Virginia funeral directors' association. The members of said board of embalmers shall be residents of the state of Virginia and each of whom shall at least have had five years' experience in the practice of embalming and the care of and disposition of dead human bodies in this state. The governor shall have power to remove |