In Re Cross's Commission

Supreme Court of Rhode Island

In Re Cross's Commission

19 A. 817, 16 R.I. 771, 1889 R.I. LEXIS 91

DecidedSeptember 3, 1889

StatusPublished

This text of 19 A. 817 (In Re Cross's Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Cross's Commission, 19 A. 817, 16 R.I. 771, 1889 R.I. LEXIS 91 (R.I. 1889).

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Opinion

Gentlemen,

The court is of opinion that chapter 74 of Public Statutes, as amended by the act of July, 1889, does not authorize a guardian to restrain his ward in an insane hospital, in case he shall be found by the commission not to be insane. Sections 11 and 12 of chapter 74 are not expressly repealed, and these authorize the detention upon the certificate of physicians only. These may stand until the finding of a commission. But after adjudication that the ward is nob insane, we think the certificate of the physicians is annulled. By section 11, the authority of the guardian is not enough without the certificate. If, then, this is taken away, the authority of the guardian to restrain his ward in an insane hospital is also taken away.

In view of this conclusion we think the examination must go on. I have given an order to this effect to the commissioners.

Yours truly, '

' John H. Stiness.

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Gentlemen,

The court is of opinion that chapter 74 of Public Statutes, as amended by the act of July, 1889, does not authorize a guardian to restrain his ward in an insane hospital, in case he shall be found by the commission not to be insane. Sections 11 and 12 of chapter 74 are not expressly repealed, and these authorize the detention upon the certificate of physicians only. These may stand until the finding of a commission. But after adjudication that the ward is nob insane, we think the certificate of the physicians is annulled. By section 11, the authority of the guardian is not enough without the certificate. If, then, this is taken away, the authority of the guardian to restrain his ward in an insane hospital is also taken away.

In view of this conclusion we think the examination must go on. I have given an order to this effect to the commissioners.

Yours truly, '

' John H. Stiness.

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Bluebook (online)

19 A. 817, 16 R.I. 771, 1889 R.I. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-crosss-commission-ri-1889.