97. Mode of collection from counties, overseers or guardians of the poor. 98. Certified copy of commitment to be furnished to solicitor and physician. To be evidence, in suit for expenses. No defence to be taken on account of informality. 93. Managers may return to jail, persons whose expenses remain unpaid for three months. 100. Order of admission of patients. 101. Charges for indigent insane. Rate, when and how to be fixed. 102. Counties from whence insane persons may be committed. 103. Opening of streets through grounds prohibited. 104. Removal of insane prisoners from jail. 105. Liability of counties for expenses of insane criminals. 106. Cost of clothing. 107. Service of process. 108. Official visitors. 109. Admission of paying patients restricted. 20 April 1869 § 1. P. L. 78. VI. ASYLUM FOR CHRONIC INSANE. 110. Commissioners to select site. 111. Duties. 112. Quality of land. Approval of site. Deed. 116. Temporary quarters to be provided. 118. Asylum to be surrendered to board of nine trustees. Name. Duty of trustees. Term. Vacancy. 119. Purposes of asylum. 120. Transfer from state hospitals. 121. Board of public charities may transfer. 123. Steward. 124. Salaries. 125. Trustees to furnish and equip work-shops. 126. Cost of maintenance. 127. Quarterly reports. 128. Ex officio visitors. I. General provisions. 1. Insane persons may be placed in a hospital for the insane(e) by their legal guardians, (g) or by their relatives or friends, in case they have no guardians, but On what evidence never without the certificate of two or more reputable physicians, after a personal insane persons may be placed in asylums. Ibid. § 2. Insane patients with counsel. examination, made within one week of the date thereof; and this certificate to be duly acknowledged and sworn to or affirmed before some magistrate or judicial officer, who shall certify to the genuineness of the signature and to the respectability of the signers.(h) 2. It shall be unlawful, and be deemed a misdemeanor in law, punishable by a fine of not exceeding one hundred dollars, for any superintendent, officer, physician may communicate or other employé of any insane asylum(i) to intercept, delay or interfere with, in any manner whatsoever, the transmission of any letter or other written communication addressed by an inmate of any insane asylum to his or her counsel, residing in the county in which the home of the patient is, or in the city or county in which the asylum is located. Ibid. § 3. Habeas corpus to lie for such per sons. Ibid. § 4. 3. On a written statement, properly sworn to or affirmed, being addressed by some respectable person to any law judge, that a certain person then confined in a hospital for the insane is not insane, and is thus unjustly deprived of his liberty, the judge shall issue a writ of habeas corpus, commanding that the said alleged lunatic be brought before him for a public hearing, where the question of his or her alleged lunacy may be determined, and where the onus of proving the said alleged lunatic to be insane shall rest upon such persons as are restraining him or her, of his or her liberty.(k) 4. Whenever any person is acquitted on a criminal suit, on the ground of Prisoners acquit insanity, the jury shall declare this fact in their verdict; and the court shall order ted on the ground the prisoner to be committed to some place of confinement for safe-keeping or of insanity to be de- treatment, there to be retained until he may be discharged in the manner provided tained in custody. Ibid. § 5. When such persons may be discharged. in the next section. 5. If, after a confinement of three months' duration, any law judge shall be satisfied, by the evidence presented to him, that the prisoner has recovered, and that the paroxysm of insanity in which the criminal act was committed, was the first and only one he had ever experienced, he may order his unconditional discharge; if, however, it shall appear that such paroxysm of insanity was preceded by at least one other, then the court may, in its discretion, appoint a guardian of his person, and to him commit the care of the prisoner, said guardian giving bonds for any damage his ward may commit: Provided always, That in case of homicide or attempted homicide, the prisoner shall not be discharged, unless in (e) No one should be committed to an asylum, under this act, unless it appear that the welfare of the patient or the safety of others requires such restraint; a harmless delusion is not sufficient cause. Rubright's Case, 3 Pitts. 299. And see Commonwealth v. Meredith, 14 W. N. C. 188. Brickway's Case, 80 P. S. 65. This act does not modify the provisions of the act of 1836, so far as it relates to the disposition and control of lunatics' estates. Haldaman's Appeal, 14 W. N. C. 101. (g) A committee appointed in another state is not such legal guardian. Ex parte Rosenberg, 1 Leg. Gaz. R. 49. (h) The act 8 May 1883, § 35, P. L. 29, provides, that admissions to a lunatic asylum, subject to the provisions of that act, shall be regulated by its forms and provisions. See infra 33. In an action against a physician for negligence in giving a false certificate, no presumption of negligence arises from the fact that the defendant was mistaken as to the plaintiff's insanity. Williams v. Le Bar, 141 P. S. 149. (i) By act 8 May 1883, § 36, P. L. 29, extended to the superintendents, physicians, servants and other employés of all hospitals, houses or places, subject to the provisions of that act. See infra 16. (k) Even after a finding of lunacy, it is a question for the court, whether the patient shall be restrained. Nyce's Case, 2 Brewst. 400. Unless there is danger to the public, or to the alleged lunatic, or to his estate, he should not be in duress, pending the investigation, nor after its conclusion, though adverse to him. Stewart's Case, 2 Brewst. 419. But where the person restrained is imbecile, and unable to take proper care of himself, the court will not discharge him. Draper's Case, 3 Brewst. 586. P. L. 78. the unanimous opinion of the superintendent and the managers of the hospital, 20 April 1869 § 5. and the court before which he or she was tried, he or she has recovered, and is safe to be at large. Ibid. § 6. the courts. 6. Insane persons may be placed in a hospital by order of any court or law judge, after the following course of proceedings, namely:(1) on statement, in Proceedings for writing, of any respectable person, that a certain person is insane, and that the commitment of inwelfare of himself or of others requires his restraint, it shall be the duty of the judge sane persons by to appoint, immediately, a commission, who shall inquire into and report upon the facts of the case. (m) This commission shall be composed of three persons, one of whom, at least, shall be a physician, and another a lawyer; in their inquisition they shall hear such evidence as may be offered touching the merits of the case, as well as the statements of the party complained of, or of his counsel; if, in their opinion, it is a suitable case for confinement, the judge shall issue his warrant for such disposition of the insane person, as will secure the object of the measure. 7. Each member of the commission provided for by section six of the act to which this is a supplement (n) shall be entitled to receive the sum of five dollars for each day necessarily employed in the duty of his appointment. 8. If the said commission report that it is not a suitable case for confinement, and their report be duly confirmed by the proper court or a law judge, the petitioner shall be liable for all costs, including the pay of the commissioners, and this liability may be enforced by attachment as in proceedings for divorce. 8 May 1889 § 1. P. L. 127. Compensation to commissioners appointed to inquire as to insanity. Ibid. § 2. Liability of petitioner for costs. estate. Ibid. 9. If the commission report that the case is a suitable one for confinement, and their report be duly confirmed by the proper court or a law judge, and if it shall also appear that the lunatic has sufficient real or personal property, said of the lunatic's property shall be liable to all costs, including the pay of the commissioners; and this liability may be enforced by writ of fieri facias, venditioni exponas or by attachment execution. 10. If the commission report that the case is a suitable one for confinement, and their report be duly confirmed by the proper court or a law judge, and if it shall also appear by the certificate of said court or law judge, that the lunatic has not sufficient real or personal property, the county which is liable for the support of the lunatic in the hospital shall also be liable for all costs, including the pay of the commissioners and the proper expenses of removing the lunatic to the hospital, and this liability may be enforced by suit as in other actions to recover a debt. Ibid. Of the county. 11. On statement, in writing, to any law judge, by some friend of the party, that 20 April 1869 § 7. a certain person placed in a hospital under the fifth section, is losing his bodily P. L. 78. health, and that, consequently, his welfare would be promoted by his discharge, Discharge on acor that his mental disorder has so far changed its character as to render his count of bodily further confinement unnecessary, the judge shall make suitable inquisition into the merits of the case, and according to its result, may or may not order the discharge of the person. disease. Ibid. § S. 12. Persons placed in any hospital for the insane may be removed therefrom by parties who have become responsible for the payment of their expenses: Provided, Insane patients, That such obligation was the result of their own free act and accord, and not of when removable, the operation of law, and that its terms require the removal of the patient in order on payment of to avoid further responsibility. expenses. Ibid. § 9. 13. If it shall be made to appear to any law judge that a certain insane person is manifestly suffering from the want of proper care or treatment, he shall order such person to be placed in some hospital for the insane, at the expense of those Judges may order insane persons sufwho are legally bound to maintain such insane person; but no such order shall be fering for want of made, without due notice of the application therefor shall have been served upon care, to be sent to an asylum. the persons to be affected thereby, and hearing had thereon. 14. Nothing in this act shall be construed so as to deprive any alleged lunatic Ibid. § 11. or habitual drunkard of the benefit of the writ of habeas corpus or trial by jury, or Existing rights not any other remedy guaranteed to alleged lunatics or habitual drunkards by any to be impaired. existing laws or statutes of the commonwealth of Pennsylvania. 15. If any physician shall falsely certify to the insanity of any person, under 23 March 1876 § 1. the provisions of the first section of the act to which this is a supplement, (n) and P. L. 8. it shall appear in evidence that such false certificate was the result of negligence Penalty for giving or deficient professional skill on the part of said physician, or that the said physi- false certificate of cian signed such certificate for a pecuniary reward, or for the promise of a pecu- insanity. niary reward, or for any other consideration or value whatsoever, other than the professional fee usually paid for such services, or in which such false certificate shall tend in any manner, directly or indirectly, to advantage said physician, other than relates to the said professional fee, then the said physician shall be guilty of a misdemeanor, and on conviction, be fined not exceeding five hundred dollars, or (1) The supreme court cannot notice alleged errors dependent on the evidence. Brickway's Case, 80 P. S. 65. Mere harmless errors and informalities are to be disregarded. Armstrong County v. Overseers of Buffalo, 33 L. I. 5. (m) A commission will not be appointed to in quire into the fact of the sanity of a convicted mur- 221. 23 March 1876 § 1. undergo an imprisonment not exceeding one year, or both or either, at the discretion of the court. P. L. 8. 8 May 1883 § 1. P. L. 21. II. Supervision of lunatic asylums. 16. The board of public charities shall have the supervision over all houses or places in which any person of unsound mind is detained, whenever the occuPowers of board of pant of the house, or person having charge of the lunatic, receives any compensation for the custody, control or attendance, other than as an attendant or nurse, and also of all houses or places, in which more than one such person is detained, with or without compensation paid for custody or attendance. public charities. Ibid. § 2. Additional members to be appointed. Ibid. § 3. Committee of lunacy. Ibid. § 4. Duties of the committee. 7 May 1889. P. L. 116. Committee on lunacy to be under control of state board of charities. 8 May 1883 § 6. P. L. 21. Annual report. Ibid. § 7. Power to make rules. 17. There shall be three additional members added to the board of public charities, one of whom shall be a member of the bar of at least ten years' standing, and one a practising physician of at least ten years' standing. The three additional members shall be appointed by the governor and confirmed by the senate, after the passage of this act, for a term of five years, or upon any vacancies occurring by death or resignation, for the unexpired term of such appointment, or on expiration of term of service; and the governor, upon sufficient cause, may, in his discretion, remove any member from the office. 18. The board shall appoint a committee of five, to act as the committee on lunacy. The two professional members appointed under this act, shall be members of that committee; and three members shall constitute a quorum. The committee shall choose a chairman and secretary to serve for the current year, and annually thereafter in November. The secretary shall receive an annual salary of three thousand dollars, with necessary incidental expenses, to be accompanied with proper vouchers, payable quarterly by the state treasurer; and he may be removed at the pleasure of the board of public charities. 19. The committee on lunacy herein provided for shall examine, for themselves or through their secretary, and report annually to the board, on or before the first day of November, into the condition of the insane in this state, and the management and conduct of the hospitals, public and private almshouses, and all other places in which the insane are kept for care and treatment or detention; and it shall be the duty of the officers and others respectively in charge thereof, to give such committee and their secretary, at all times, free access to the insane, and full information concerning them and their treatment therein. 20. The committee on lunacy [of the board of public charities] created by said act, approved May eighth, Anno Domini one thousand eight hundred and eightythree, shall at all times be subject to the authority and control of the state board of charities.(0) 21. The report of the said committee on lunacy shall be published annually with that of the board of public charities. 22. The board shall have power, from time to time, with the consent of the chief justice of the supreme court and of the attorney-general, to ordain rules and regulations on the following matters, so far as the same are not inconsistent with any laws of this commonwealth then in force, and of any provisions of this act: I. The licensing of all houses or places in which any person can be lawfully detained as a lunatic, or of unsound mind, upon compensation paid to or received by the owner or occupant of such house or place, directly or indirectly, for the care of such lunatic, and also of all houses or places in which more than one person of unsound mind is detained or resides: Provided, That this clause shall not extend to any jail or prison: And provided also, That the board, with consent as aforesaid, may, from time to time, exempt any particular hospital, established by the state or under any municipal authority, or any eleemosynary institution, from the obligation to apply for or obtain a license; and no such institution now existing shall be required to take out a license until required to do so by the board, with the consent aforesaid. II. Regulations to insure the proper treatment of persons detained in any house or place, whether licensed or not, that are subject to the provisions of this act, and to guard against improper or unnecessary detention of such persons. III. Regulations of the forms to be observed, warranting the commitment, transfer of custody, and discharge of all lunatics, other than those committed by order of a court of record; and as to these, with the consent of the presiding judge of the court under whose order the person is detained. IV. The visitation of all houses or places licensed under this act, or in which any persons are detained as lunatics, and of all persons detained therein. V. The withdrawal of such licenses, and the imposition of conditions under which they shall continue. VI. Reports and information to be furnished by the manager or managers of all houses or places subject to the provisions of this act, and by the boards of visitors. VII. Regulations as to the number of persons that may be detained, and the accommodations to be provided, and food, clothing, fuel to be furnished, in any (0) The remainder of this act repeals § 5 of the act 8 May 1883, P. L. 21. house or building, subject to the provisions of this act, the manner of such detention, and the restraints imposed, the means of communication by those detained with relatives, friends and other persons outside the houses and places of detention. 8 May 1889 § 7. P. L. 21. Ibid. § 8. 23. There shall be appointed boards of visitors of all houses or places, licensed under this act, or in which any person of unsound mind is detained, and for the Board of visitors. care and custody of whom compensation of any kind is received, or where more than one such person is detained. One such board shall be appointed in every county in which there is a house or place subject to the provisions of this act, of not less than three persons, and in each county where there are more than one such house or place, the number constituting the board of visitors of such county shall be increased in the discretion of the committee on lunacy. 24. The members of the board of visitors shall be appointed by the board, in each year, and shall continue until their successors are appointed, and the board may remove the visitors, and fill vacancies in the office. 25. Women may be appointed members of the boards of visitors; and at least once a year, these boards shall be filled up, so that members who have failed to act shall be removed. Ibid. § 9. Ibid. § 10. Ibid. § 11. meanor. 26. It shall not be lawful for any person or persons, or corporation, not exempted from the obligation to obtain a license under this act, to keep or maintain a house Keeping insane or place for the reception or custody of persons of unsound mind, without having asylums without received a license under this act; nor when such license has expired or been with- license, a misdedrawn or suspended; and the manager and occupant of any such house, within which more than one person shall be detained, as being a person of unsound mind, for compensation received, and the manager and occupant of any such house or place wherein more than one person is received and detained, with or without compensation, and while there is no license in force authorizing the keeping of such a house or place, shall be deemed guilty of a misdemeanor. Ibid. § 12. 27. Any person having charge or control of any house or place subject to the provisions of this act, used for the detention, care or custody of a lunatic, who shall Violation of rules, violate or omit to observe any regulation of the committee on lunacy, authorized after notice. by this act, after a copy of the same has been left at the said house or place, or delivered to the person named in the license, or to the manager of such house, shall be deemed guilty of a misdemeanor; and all common-law rights of action or indictments are also reserved. Ibid. § 13. 28. The board of public charities shall, from time to time, provide for an effectual visitation of all persons confined as insane in all places over which they are given Visitation of the jurisdiction by this act, and an inspection of such houses or places of confinement, insane. and of the mode of treatment of the insane. 29. And the board shall make rules to insure to the patients the admission of all Ibid. § 14. proper visitors, being members of their family, or personal friends, agents or attor- Admission of neys, and compel obedience to such regulations. visitors. 30. The detention of any person as insane in any house or place made subject Ibid. § 15. to the provisions of this act, without compliance with the requisitions of this act, Detention in violashall be a misdemeanor on the part of any person concerned in such detention, who tion of the act, a has omitted or permitted the omission of any of the requirements; and the party Damages. aggrieved shall also be entitled to his action for damages. misdemeanor. 31. No judgment or verdict shall be entered in any action, nor shall any judg- Ibid. § 16. ment be entered on any indictment for such detention, as against any person or per- Entry of verdict sons who are subject to the regulations and provisions of this act, who shall have and judgment. complied with the requirements of this act, unless the judge, after trial and verdict, shall certify that there was proof, to his satisfaction, that the party charged acted with gross negligence, or corruptly, or that he acted without reasonable or probable cause, or was actuated by motives other than the good of the person restrained. 32. In all buildings or establishments where an insane person is detained, which are subject to the provisions of this act, there shall be kept the following books, Books to be kept, which shall be at all times open to the inspection of any member of the committee subject to inspecon lunacy, or the board of visitors of the proper county: I. An admission book. II. A discharge book. III. A case book, in which there shall be regularly entered all the facts bearing on each patient and his case. IV. A medical journal, in which there shall be, at least once a week, a statement written of all matters which are of special importance, bearing on the treatment and condition of the patients. tion. Ibid. § 17. Ibid. § 18. 33. No person shall be received as a patient for treatment, or for detention, into any house or place where more than one insane person is detained, or into any Certificates for adhouse or place where one or more insane persons are detained for compensation, mission. without a certificate signed by at least two physicians, resident in this commonwealth, who have been actually in the practice of medicine for at least five years, both of whom shall certify, that they have examined separately the person alleged to be insane, and after such examination had, do verily believe that the person is insane, and that the disease is of a character which, in their opinion, requires that P. L. 21. 8 May 1883 § 18. the person should be placed in a hospital or other establishment where the insane are detained, for care and treatment, and that they are not related by blood or marriage to the person alleged to be insane, nor in any way connected as a medical attendant, or otherwise, with the hospital or other establishment in which it is proposed to place such person. Ibid. § 19. Requisites of certificate. 34. The certificate above provided for shall have been made within one week of the examination of the patient, and within two weeks of the time of the admission of the patient, and shall be duly sworn to or affirmed before a judge or magistrate of this commonwealth, and of the county where such person has been examined; who shall certify to the genuineness of the signatures, and to the standing and Penalty for falsely good repute of the signers. And any person falsely certifying as aforesaid, shall be guilty of a misdemeanor, and also liable civilly to the party aggrieved. certifying. Ibid. § 20. Conditions of admission and detention. Ibid. § 21. Written statement to be made. Contents thereof. Ibid. § 22. Completion of defective statement. Ibid. § 23. Contents to be recorded and statement filed. Duty of medical attendant. Ibid. § 24. Notice that detention is unnecessary. Ibid. § 25. Interviews with alleged insane persons. Ibid. § 26. Statements to be 35. No person alleged to be insane shall be received into any house for treatment, or for detention, unless at the time of such reception, the person or persons at whose instance the person is received, shall, by a writing signed, state that the person has been removed, and is to be detained, at his or her request, under the belief that such detention is necessary and for the benefit of the insane person. 36. There shall also be delivered to the person or persons having the supervision or charge of house, a written statement of the following facts relative to the person to be detained, signed by the person or persons at whose instance the insane person has been removed and detained, or if the facts be not known, it shall be so stated. I. The name. II. Age. III. Residence for the past year, or for so much thereof as is known. IV. Occupation, trade or employment. V. Parents, if living. VI. Husband or wife. VII. Children. VIII. Brothers and sisters, and the residence of each of these persons. IX. If not more than one of these classes is known, the names and residences of such of the next degree of relatives as are known. X. A statement of the time at which the insanity has been supposed to exist, and the circumstances that induce the belief that insanity exists. XI. Name and address of all medical attendants of the patient during the last two years. 37. Should the person in charge of the house have reason to believe that any of these statements have been omitted through ignorance, and that the answers will be immediately furnished, and no reason existing to doubt the good faith of the parties, after inquiring of the person intended to be detained, it shall be lawful to detain the person alleged to be insane for such further period as shall be necessary to obtain the said statements complete, but not exceeding seven days. 38. Within twenty-four hours after any person is received into any house for detention as an insane person, the person in charge there shall enter, or have entered, in a book kept for that purpose, all the facts stated in the certificate or documents required to be exhibited at the time of receiving the patient, and shall file the originals and preserve them. The regular medical attendant of the house shall, within twenty-four hours after the reception of any patient, examine such patient and reduce to writing the results of such examination, and enter the same upon a book to be kept for that purpose, together with the opinion formed from such examination, and from the documents received with the patient. 39. In case the said medical attendant is of the opinion that a detention is not necessary for the benefit of the patient, he shall notify the person or persons at whose instance the patient is detained; and unless such person shall, without a delay not exceeding seven days, exhibit satisfactory proof of such necessity, the patient shall be discharged from the house and restored to his family or friends. 40. At the time of such examination, the medical attendant shall himself cause the patient distinctly to understand, if he or she is capable of doing so, that if he or she desires to see or otherwise communicate with any person or persons, means will be provided for such interview or communication; and said attendant shall personally see that proper means are taken to communicate this fact to the person or persons indicated by the patient; and any proper person or persons, not exceeding two, shall be permitted to have a full and unrestrained interview with the patient. 41. The statements furnished at the time of the reception of the patient, and of the examination of the patient by the medical attendant of the house, shall be sent to committee forwarded by mail to the address of the committee on lunacy, within seven days on lunacy. from the time of the reception of the patient, which shall by them be entered in Reports of the con- a book which they shall keep for this purpose; and at least once in six months, dition of patients. there shall be a report made by the medical attendant of the house, on the condition of each patient, together with such other matters relative to the case, as the said committee may require; and at any time such report shall be made, upon the request of the secretary of the committee on lunacy. |