P. L. 551.

4 May 1862 § 42. shall cause the said prisoner to be returned to said eastern penitentiary; due notice (to) be given to the clerk of the court of quarter sessions of the county from which such prisoners were sent to the penitentiary, of all such removals or transfers.

8 April 1861 § 1. P. L. 248.

ity to be deter

mined.

78. When application shall be made under the 14th section of the act of the 14th of April 1845, (g) to which this is supplementary, to any court of this comHow fact of insan- monwealth, for the commitment of any person to the Pennsylvania State Lunatic Hospital, it shall be lawful for such court to either inquire into the fact of insanity, in a summary way, after giving the notice required by law to the alleged lunatic, and his or her friends or kindred, or by avoiding (awarding) an inquest, at the option of the court. And in all cases it shall be lawful for the several courts of this commonwealth to use their discretion in sending insane persons, who are unsafe to be at large, to said hospital, or cause them to be confined elsewhere, as the said courts shall believe the case to be curable or otherwise.

Powers of the court.

Ibid. § 2.

Persons acquitted of certain heinous

offences on the

ground of insanity,

not to be sent to asylum.

Exceptions.

Ibid. § 3. Incurables may be

county prison or penitentiary.

79. No person shall hereafter be sent to the said lunatic hospital under the 10th section of the act of the 14th of April 1845, (h) or any other law of this commonwealth, who shall have been charged with homicide, or having endeavored or attempted to commit the same, or to commit any arson, rape, robbery or burglary, and have been acquitted of any such offences on the ground of insanity, or been proceeded against under the 59th or 60th section of the act of the 13th of June 1836, (i) relative to lunatics and habitual drunkards, where the court trying such person, or hearing the case, shall be satisfied that it is dangerous for said lunatic to be at large, on account of having committed, or attempted to commit, either of the crimes aforesaid, but such persons shall be continued in the penitentiary of the proper district, or the prison of the county: Provided, That said court shall still have power to order any such person to be confined in the said lunatic hospital, if, on full examination, it shall be satisfied that there is reason to believe that a cure of the insanity may be speedily effected by sending him or her thereto.

80. In every case where a lunatic has been or shall be committed to said hospital, after an acquittal of any crime on the ground of insanity, or after an investigation retransferred to the in court, under the 59th and 60th sections of the act of the 13th of June 1836, or on account of it (having) been adjudged dangerous for such lunatic to be at large, and in all cases where any lunatic has been, or shall be removed thereto from either of the penitentiaries, or any prison of this commonwealth, under the order of a judge, or of any court, it shall be lawful for the trustees of said hospital, with the aid of the superintending physician, to inquire carefully into the situation of such lunatic; and if a majority of the board, including the physician, shall be satisfied that there is no reasonable prospect of a cure of the insanity being effected, by a retention of the lunatic in the hospital, they shall, at the expense of the proper city or county, cause him or her to be removed to the prison of the proper county, or the penitentiary from which he or she was sent.

Ibid. § 4.

Liability for support of indigent insane.

Ibid. § 5.

recovery of claims.

81. Whenever an indigent insane person shall hereafter be sent to said hospital, the city or county from which he or she was sent, shall be liable to the trustees of the hospital for his or her maintenance, and shall have remedy over against the proper township, where by existing laws the township is liable for the support of such pauper; and the overseers of the poor of the township shall have remedy over against the property of the pauper, or against any relative required by law to maintain him or her, to the extent of their liability under the poor laws.

82. In all cases where money is now, or hereafter shall become due to said hospital from any township or county, on account of the maintenance of any person Proceedings for the sent there by the proper legal authorities, and no suit is now pending for the recovery thereof, it shall be lawful for the treasurer of the hospital to cause a statement of the account, with notice of the amount claimed, to be served on the commissioners of the proper county, or the overseers of the poor of the township, and if the same is not paid within thirty days after such notice and demand, to place such claim in the hands of the attorney-general of the commonwealth, whose official duty it shall be to cause suit to be brought therefor in the name of the corporation, in the court of common pleas of Dauphin county; and the whole proceeding for the recovery of such debt shall be conducted in the manner, and the action have like precedence as suits for claims due the commonwealth.

Ibid. § 6.

When insane perto their relatives.

83. On the application of the friends or relatives of any insane person now, or who may hereafter be confined in said hospital, to the court of common pleas of sons to be delivered Dauphin county, or to the president judge of said court, in vacation, it shall be lawful for said court or judge, where the same may be done with safety to the community, to deliver over to such friends or relatives the person so confined; but before so delivering over such lunatic, said court or judge may require sufficient security to be given, in the name of the commonwealth, that such lunatic shall do no injury to the person or property of any one, when at large, to continue during such term of time as the court or judge may direct.

(g) Supra 73.

(h) Supra 68.

(i) These sections of the act of 13 June 1836, are

supplied and repealed by the revised penal code of 31 March 1860. See tit. "Lunatics and Habitual Drunkards."

P. L. 118.

84. So long as applications in behalf of indigent insane persons, of any class or 27 April 1874 § 1. condition, are pending for admission to said hospital, no additional paying patients shall be received.

V. Western Pennsylvania hospital.

P. L. 539.

the fact to man

85. If any person shall apply, by petition, to any court of record of any of the 22 April 1863 § 1. counties of this commonwealth, hereinafter named in the 18th section of this act, having jurisdiction of offences, punishable by imprisonment, for the term of ninety Courts of certain days or longer, for the commitment, to the Western Pennsylvania hospital, of any to alleged insancounties to inquire insane person, within the county in which said court has jurisdiction, it shall be ity of criminals. the duty of such court to inquire into the fact of insanity, in a summary way, after Notice. giving notice to the alleged lunatic, or insane person, or to his or her friends or kindred, or some of them, or by awarding an inquest for that purpose, at the option Inquest may be of the court; and if it shall appear to the satisfaction of said court, or if it shall awarded. be found by such inquest, that such person is lunatic or insane, and by reason of such insanity is unsafe to be at large, or that he or she is suffering any unnecessary Discretion as to duress or hardship, such court shall either commit such lunatic or insane person to commitment. the said hospital, or if the court shall believe such insane person to be incurable, they may cause them to be confined elsewhere: Provided, That in all such cases, To ascertain whether such perthe court shall require and ascertain whether the estate of such insane person is sons are able to sufficient to pay for the care, medical attendance and maintenance of such person, pay charges, and such charges as the board of managers of said hospital may make for pay patients, if not, to certify or whether the friends or relatives of such insane person are able or willing to agers. make provision for the payment thereof, and if not, then it shall be the duty of said court to declare such insane person to be in indigent circumstances; and said Place of residence court shall thereupon certify to the managers or to the solicitor of said hospital the of indigent insane legal settlement of such insane person, if he or she have any legal settlement in sheriff to notify this commonwealth, and if he or she have no legal settlement, then to certify the county commisplace of residence of such insane person, which place shall then be held to be his or her place of settlement, and shall cause notice thereof to be given by the sheriff of the county wherein such court is held, to the commissioners of the county, to be charged with the expenses of such insane person, and to the constituted authorities having charge of the poor in the poor district in such county to which such insane person belongs as aforesaid; and the county wherein such indigent insane person all expenses. had his or her place of settlement or residence shall be liable to said hospital for the expenses of the care, medical attendance and maintenance, and removal to and from said hospital, and in case of death, of the funeral expenses of such insane person or persons, with remedy over against the proper poor district as hereinafter provided: Provided further, That the amount to be charged for the support of such Limitation. indigent person shall not exceed the sum of two dollars and fifty cents per week, during the time they remain in said institution.

to be certified and

sioners.

County liable for

ties.

Ibid. § 2.

86. Until the legislature shall otherwise provide for the care of insane criminals, the several courts of this commonwealth having jurisdiction in the counties men- Courts may comtioned in the 18th section of this act respectively, shall, where any person charged mit insane crimiwith any offence or crime punishable by imprisonment or death, may have been nals at expense of found, in the manner provided by law, to have been insane at the time when the respective counoffence was committed, and who still continues to be insane, and in all cases mentioned in the 66th, 67th and 68th sections of the act of 31st of March 1860, relative to criminal procedure, have the power to commit to said hospital any such insane person or persons, for so long a time as such person or persons continue to be of unsound mind, at the expense of the county where such trial or proceedings are had, and from which such insane person or persons was or were committed: Provided, That no person shall hereafter be committed to said hospital under the provisions of this section, or of the 66th, 67th or 68th sections of said act of 31st of March 1860, or any other law of this commonwealth, who shall have been charged with homicide, arson, rape, robbery or burglary, or who shall have attempted or endeavored to commit any of said offences, and who shall have been found to be insane in the manner provided by law, unless, on full examination, the jury shall find by their verdict, that there is reason to believe that a cure of such insanity may be speedily effected by sending such person to a lunatic hospital.

Exceptions.

Ibid. § 3.

insane, under their

87. The commissioners of the several counties, hereinafter named, shall have power to send to said hospital any indigent insane persons under their care, or con- Municipal authorfined in the jail of their respective counties, and not awaiting trial for any offence ities may send to or crime punishable with imprisonment or death, provided the physician of the said hospital indigent hospital shall deem them proper subjects for treatment in said hospital; the county, care. on sending any insane person or persons, to be liable to pay to said hospital all Liability for exexpenses of the care, medical attendance, maintenance, removal to and from the penses. hospital, and, in case of death, the funeral expenses of such persons. And the several constituted authorities, having charge of the poor in the respective counties, cities, townships and poor districts, in the counties hereinafter named, shall have like power to send to said hospital such indigent insane persons under their charge as they may deem proper subjects; and the counties wherein such poor districts are situate shall be severally liable to pay the expenses of the care, medical attendance,

P. L. 539.

22 April 1863 § 3. maintenance (not exceeding two dollars and fifty cents per week), removal to and from the hospital, and, in case of death, the funeral expenses of such paupers, with remedy over against the proper poor district as hereinafter provided.

Ibid. § 4. Provisions for

88. The provisions of the first section of the act of 24th March 1858,(k) relative to the transfer of insane convicts from the western state penitentiary to the said transfers of insane hospital, shall continue in full force as if here re-enacted: Provided, That a duplifrom penitentiary cate original of the certificate and report, with the approval of the governor thereon, shall be furnished to the solicitor of said hospital, when any such insane convicts are removed to said hospital.

to continue in force.

Ibid. § 5.

Commitment of inebriates, temporarily insane.

89. It shall be lawful, in case any person shall apply to any court of record within this commonwealth, within any of the counties hereinafter named, having jurisdiction of offences punishable by imprisonment for a term of ninety days or longer, or to a judge thereof, for the commitment to said hospital of any person alleged to be temporarily insane, by reason of the intemperate use of intoxicating drinks, for such court, or a judge thereof, to inquire summarily into the facts of the case, first, however, in (on) giving notice to the party so alleged to be temporarily insane; and if such court, or a judge thereof, deem it expedient so to do, to commit such person to said hospital until such temporary fit of insanity shall be cured: Provided, That such applicant or petitioner, or the friends or relatives of such inebriate, shall first give sufficient security, to be approved by such court or judge, conditioned for the payment of all expenses of such proceedings, of the care, medical attendance, maintenance, removal to and from the hospital, and in case of death, of the funeral exIndemnity for ex- penses of such inebriate; and further conditioned to indemnify said hospital for all expenses of any proceedings under any writ of habeas corpus, which may be awarded for the purpose of removing or liberating such inebriate from the custody of said hospital.

Security to be

given for expenses.

penses under habeas corpus.

Ibid. § 6. Criminals whose

insanity is considered incurable, to be returned to prison, &c.

to municipal authorities.

90. In every case where a lunatic or insane person has been or shall be committed to said hospital, under the provisions of the second section of this act, or of the 66th, 67th or 68th sections of the act of 31st of March 1860, referred to in said second section of this act; and in all cases where an insane person has been or shall be removed or sent to said hospital from the western state penitentiary, or from any jail or prison in this commonwealth, in the manner hereinbefore provided, or by virtue of any law of this commonwealth, it shall be lawful for the managers of said hospital, or a quorum thereof, with the aid of the principal physician of the insane department of said hospital, carefully to inquire into the case of such lunatic, and if a majority of such quorum of the board of managers, including the physician, shall be satisfied that there is no reasonable prospect of a cure of the insanity being effected, by a retention of such insane person in said hospital, they may, at the expense of the proper city or county, as the case may be, cause him or her to be sent to the jail or prison of the proper county, or to the penitentiary from which such insane person was sent.

Ibid. § 7. 91. In case of any indigent insane person, not included in the provisions of the preceding section of this act, the expense of whose care and maintenance shall Indigent insane, regarded as incur by law be chargeable to any county, city or poor district of this commonwealth, able, to be returned and who shall be an inmate of said hospital, where a quorum of the board of managers of said hospital, including the physician of the insane department, shall be satisfied that there is no reasonable prospect of a cure being effected by a retention of such insane person in said hospital, it shall be lawful for said hospital to return such insane person to the commissioners of the county, or to the constituted authorities having charge of the poor in the city, township or poor district, which may be chargeable as aforesaid.

Ibid. § 8.

nals cured.

Duty of sheriff.

92. In case the principal physician of the insane department of said hospital, after careful examination of the case of any insane person, being an inmate of Solicitor to notify the sheriff of crimi- said hospital, shall be satisfied that such person is cured of his or her insanity, it shall be the duty of such physician, with the approval of the board of managers, in case such insane person has been committed to said hospital by any court of this commonwealth, excepting in cases included in the provisions of the first and fifth sections of this act, to furnish a certificate thereof, with the original certificate of commitment, to the solicitor of said hospital, whose duty it shall be to notify the sheriff of the proper county to remove the said inmate of said hospital forthwith at the expense of such county; and thereupon such sheriff shall remove such person to the jail of the proper county, there to be held in strict custody, subject to the further order, decree or sentence of the court by which such person was committed to said hospital; and in case such sheriff shall fail or neglect, within thirty days after such notice, to return such person from the said hospital, the physician of said hospital may proceed to return such cured person to the jail of the proper county, at the expense of such county.

Ibid. § 9. Physician to give

notice to commissioners of cure of indigent insane.

93. In case the principal physician of the insane department of said hospital, after careful examination of the case of any insane person who shall have been sent to the said hospital, under the provisions of the third section of this act,

(k) Act 24 March 1858, P. L. 151. This act contains provisions similar to those of the act 4 May 1852 for the removal of prisoners from the eastern penitentiary.

P. L. 539.

shall be satisfied that such person is cured of his or her insanity, it shall be the 22 April 1868 § 9. duty of said physician, by direction of the board of managers, to notify the commissioners of the proper county which is chargeable with the expenses of the care Removal. and maintenance of such person, to remove such cured person from the hospital; and in case they fail so to do, within thirty days after such notice, the physician of said hospital shall proceed to send such cured person to the commissioners of said county, or to the jail, poor-house or other place from whence they came, at the expense of such county.

94. On the petition of any of the friends or relatives of any insane person who Ibid. § 10. may now or hereafter be confined in said hospital, who may not have been re- Proceedings on apmoved to said hospital from the western state penitentiary, or who may not have plication for disbeen committed to said hospital under the provisions of the 67th section of the act charge of inmates. of 31st March 1860, relative to criminal procedure, to the court of common pleas of Allegheny county, or to the president or other law judge of said court, in vacation, accompanied by the oath or affirmation of such applicant or applicants, that the insane person is, in their opinion, safe to be at large, it shall be lawful for said court, or a judge thereof, at their or his discretion, where the same may be done with safety to the community, to deliver over the person so confined to such friends or relatives; but before ordering the delivery over of such lunatic, said court or Notice. judge shall cause notice of such application to be served by the applicant on the solicitor of said hospital, at least ten days before the hearing; and further, may Security. require security to be given, in such sum as the court or judge may direct, in the name of the commonwealth, that such lunatic or insane person shall be well cared for, and shall do no injury to the person or property of any one, when at large, and shall not become chargeable on any county or poor district of this commonwealth, for and during such term of time as the court or the judge may direct.

Ibid. § 11.

certified to

managers.

95. Whenever any insane persons are committed to said hospital under the provisions of the second section of this act, or of the 66th, 67th or 68th sections of Inquiries to be the act of 31st March 1860, herein before referred to, it shall be the duty of the made in case of incourt to institute the inquiries required in the first section of this act, as to the sane criminals, and pecuniary circumstances of such insane person or persons, and their place of legal settlement or residence, and to give the notices therein provided for, to the commissioners of the county, and authorities having charge of the poor in the poor district to which such insane person belongs by settlement or residence, and to certify the same to the managers or solicitors of said hospital, as therein provided for.

Ibid. § 12. Liability of coun

96. Whenever any insane person is committed to said hospital by any court, or transferred to said hospital from the western state penitentiary, or sent to said hospital by the commissioners of any county, or by the constituted authorities ties for expenses. having charge of the poor in any city, township or poor district in this commonwealth, the county where such insane person had a legal settlement or residence, or from which he or she was sent, or where the trial or proceedings were had, under which he or she was committed or sent to said hospital, as the case may be, shall be liable to said hospital for the expenses of his or her care, medical attendance, maintenance, removal to and from the hospital, and, in case of death, for funeral expenses, as is hereinbefore and by the laws of this commonwealth provided; but in all such cases the county so chargeable shall have remedy over Counties to have against the proper township, city or poor district where, by existing laws, such remedy against the township, city or poor district is liable for the support of such insane persons, where paupers, or against the property of such insane person, or against any relative required by law to maintain him or her; and the overseers or guardians of the poor lect from property of any such township, city or poor district shall also have remedy over against the of insane, or from property of such insane person, or against any relative required by law to support relatives. or maintain him or her.

proper district.

Overseers may col

Ibid. § 13.

Mode of collection

97. The said hospital may ask, demand, receive and collect from any guardian or overseer of the poor or (of) any city, township or poor district, any amount which may be due to them for the care, maintenance, medical attendance or other ex- from counties, penses of any insane persons, with which such guardians or overseers of the poor overseers, or guarmay be chargeable, without impairing their right to collect any amount due and dians of the poor. unpaid from the county or counties liable to the said hospital therefor as aforesaid; and in all cases where money is now due, or shall hereafter become due, to said hospital, from any township, city, poor district or county, for the care, medical attendance, maintenance, funeral or other expenses of any insane person or persons committed or sent to said hospital, it shall be lawful for the solicitor of said hospital to cause a statement of the account, with notice of the amount claimed to be due and unpaid, to be served on one or more of the commissioners of the proper county, or of the overseers or guardians of the poor of the city, township or poor district chargeable therewith, and if the same be not paid within thirty days after such notice and demand, it shall be lawful for the solicitor of said hospital to bring suit therefor, in the corporate name of said hospital, against any such county, city or township which may be indebted as aforesaid, in the court of common pleas of Allegheny county, or in the district court of said county, to collect the amount so

P. L. 539.

22 April 1863 § 18. claimed to be due, "whether "(1) such amount exceeds the sum of one hundred dollars or otherwise; and such actions shall be entitled to like precedence as suits for claims due to the commonwealth.

Ibid. § 14.

To be evidence, in

98. In all cases where an insane person is committed to said hospital by any court authorized so to do, a certified copy of the commitment shall be furnished Certified copy of commitment to be to the solicitor of the hospital, and also to the principal physician of the insane furnished to solici- department, before or at the time when such insane person is sent to said hospital, tor and physician. which shall be evidence in any suit brought by the hospital to receive (recover) suit for expenses. the amount due for the expenses of such insane person; and no defence shall be taken by any county, township, city or poor district in any suit brought against them to receive (recover) the amount of such expenses, on account of any defect or informality in such commitment on (or) the record thereof, nor by reason of the failure of the court making such commitment to give the notices or certificates required by the first and eleventh sections of this act.

No defence to be taken on account of informality.

Ibid. § 15.

Managers may re

99. In all cases where any county shall be liable, as aforesaid, to the said hospital for any amount of the expenses of any insane persons, and the amount due turn to jail persons to said hospital by such county shall remain unpaid for three months after demand, whose expenses re- and notice of the amount due served, with a statement of the account, on the main unpaid for commissioners of such county, or a majority of them, it shall be lawful for the three months. managers of said hospital to return to the jail of said county those insane persons whose expenses are due and remain unpaid by said county, excepting such as may have been removed to said hospital from the western state penitentiary; and said hospital shall also have the right to collect the amount due by said county in the manner provided in the 13th section of this act.

Ibid. § 16.

100. In order of admission of patients to the hospitals, recent cases shall have Order of admission preference over those of long standing; and, as far as the capacity of the hospital will permit, the indigent insane shall have precedence of paying patients.

of patients.

Ibid. § 17. Charges for indigent insane.

Rate, when and how to be fixed.

23 May 1891. P. L. 113.

Counties from

101. The said hospital shall charge for all indigent insane persons committed to their charge by any court or courts of this commonwealth, or sent there by the commissioners of any county, or the constituted authorities having charge of the poor, or removed thither from the western state penitentiary, such reasonable amount for the care, medical attendance and maintenance, including clothing, and for funeral and other expenses, as may be fixed from time to time in manner following, to wit: the board of managers shall, at any regular meeting, fix the rate to be charged per week for the care, medical attendance and maintenance of indigent insane persons, at as low a rate, not below the actual cost thereof, and not exceeding two dollars and fifty cents per week, as the financial condition of the institution will, in their judgment, permit, providing therein for special cases in which extra attendance is required: Provided, That in the notices to the managers calling such meeting, it shall be stated that the rate to be charged to indigent insane persons is to be fixed thereat, and the rate so fixed shall continue for at least three months thereafter, and until the same is altered at a meeting of the board of managers called for that purpose; but for those insane patients who are not indigent, and whose estate is adequate, or whose friends are willing to pay their expenses, the hospital may charge such terms as the board of managers may direct.

102. The counties of this commonwealth, from which insane persons may be committed, or sent, at the expense of such counties, to said hospitals, are the following, to wit: Armstrong, Allegheny, Beaver, Butler, Cambria, Clarion, which insane per- Clearfield, Crawford, Erie, Elk, Forest, Fayette, Greene, Indiana, Jefferson, Lawrence, Mercer, McKean, Somerset, Venango, Washington, Warren, Westmoreland and Potter, (m) and such counties as may hereafter be erected therefrom.

sons may be committed.

22 April 1863 § 19. P. L. 539.

103. The ground now owned, or which may be hereafter purchased by said hospital, shall not be subject to have any public street, lane, alley or road laid out or Opening of streets opened through it, so long as the same shall be held, used and employed for the through grounds purposes of said hospital; and that any road or right of way, heretofore existing through any part of the property so owned, used and occupied by said hospital, which shall not have been laid out by order of the court, or by actual grant or conveyance, duly recorded, shall be and the same is hereby vacated.

prohibited.

18 April 1864 § 1. P. L. 451.

104. The provisions of the third section of the act to which this is a supplement, shall apply to the case of any person confined in the common jail of any of the Removal of insane counties mentioned in the 18th section of said act, by the sentence or order of any prisoners from jail. court of competent jurisdiction in any such county, and who shall not be under sentence of death: Provided, That the principal physician of the insane department of the Western Pennsylvania hospital shall deem such person to be insane, and a fit subject for treatment in said hospital, and that the order for the removal of such insane criminal shall be approved by the court by which he or she was sentenced, or by one of the judges thereof.

Ibid. § 2.

105. When any insane person shall have been committed to said hospital by any court having authority so to do, or has been removed thither from the western state penitentiary, under the provisions of act of assembly of this commonwealth of 24th

(1) So amended by act 18 April 1864, § 5, P. L. 452.

(m) This is an amendment of § 18 of the act 22 April 1863, P. L. 539.