LUNATICS AND INSANE. 2099
Board, or a majority of them, shall designate and nominate to the Gover-
nor the man in their judgment best fitted for the position, and the Gover-
nor shall thereupon appoint such nominee Commissioner of Mental Hy-
giene. The Commissioner shall hold such office as long as he shall faith-
fully and efficiently discharge the duties thereof. He may be removed
by the Governor for cause, after an opportunity for a hearing, and any
vacancy occurring in the office shall be filled in the manner hereinbefore
provided.
The Commissioner of Mental Hygiene shall report annually on or
before January 1st, to the Director of Welfare concerning the institu-
tions mentioned in Section 3 of this Article, or any other institution which
may hereafter be established for the care of insane, and placed in the
Department of Welfare, which reports shall be transmitted by the Direc-
tor of Welfare to the Governor with the annual report of the Director of
Welfare.
The Commissioner of Mental Hygiene shall receive a salary of $3,600
per annum, and associate members of the Board of Mental Hygiene shall
serve without pay.
No member of said Board shall in any way, directly or indirectly, have
any pecuniary interest in any place in which the insane are confined or in
the management or supplies or treatment of such insane.1
An. Code, sec. 16. 1904, sec. 16. 1888, sec. 16. 1886, ch. 487, sec. 17. 1918, ch. 68.
16. The members of said Board, except as herein provided, shall re-
ceive no compensation for their services, but such necessary expenses as
may be incurred in the performance of their duties shall be paid by the
Comptroller of the treasury on the presentation of an itemized account
with the proper vouchers; but the comptroller shall have the power to
refuse payment of expenses which he may decide to be unnecessary.
Whenever the Board is summoned by a court to inquire into the sanity
of any person, under Sections 6 and 8 of this Article, the court shall
allow a reasonable fee for services to each of the members of the Board
who is a physician, including the Commissioner, and who has helped to
make such examination; and, in addition, shall allow a sum of money
sufficient to pay the necessary expenses of the Board in making the exami-
nation, the sum or sums so allowed to be taxed as part of the costs of the
case and to be paid to the Board by the county or city, as the case may be.
If the Board is summoned at the instance of the accused person under
Section 6, the court may, in its discretion, require such accused person,
or his representatives, to furnish a bond conditioned to reimburse the
county or city, as the case may be, for the fees and expenses paid to the
Board. If the Board is summoned under the provisions of either Sec-
tion 6 or 8, and the accused person is found to be insane, then the estate
1 All the rights, powers, duties, obligations and functions conferred by any provisions
of law upon the secretary of the lunacy commission were transferred to the commissioner
of mental hygiene by sec. 5, ch. 29, p. 62, of the acts of 1922 and all the rights, powers,
duties, obligations and functions of the lunacy commission were transferred by the same
section to the board of mental hygiene. This section abolished the lunacy commission
and the position of secretary.
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