mid $ 35. son having tate.

Duties of per

custody of es

45. It shall be the duty of any person having the legal custody of the estate of such insane person, to supply the funds for his support in the asylum in which he may be placed, during his stay therein, and so long as they may be sufficient for that purpose, over and beyond maintaining and supporting those persons who may be legally dependent on the estate as aforesaid.

Justices of the peace

46. It shall be the duty of said justices to report the proceedings in such cases to the clerk of the superior court of the county in which such insane person may reside or be domiciled.

Ibid § 36.
to report proceedings

to superior court
clerk.

Ibid § 37.

proceedings

47. The clerk of the court shall lay the said proceedings before the judge of the superior court of the district in which said insane person may reside or be domi- Clerk to lay ciled, and if he approve them he shall so declare before judge. in writing, and such proceedings, with the approval thereof, shall be recorded by said clerk.

Ibid § 38. proceedings with sufficient to au

Certified copy of

48. A certified copy of such proceedings, with the approval of the said judge, shall be sufficient warrant to authorize any friend of such insane person appointed by the said judge to remove him to the asylum designated.

judge's approval

thorize removal to asylum designated.

asylum, pri

Indigent inpriority of ad

sane to have

mission to asy

49. In the admission of patients to any insane ority of admission shall be given to the indigent in- Ibid § 39. sane: provided, however, that the boards of directors may regulate admissions, having in view the curability of patients and the welfare of their institu- lam. tion: and provided further, that said boards may, if Provisos. there be sufficient room, admit other than indigent insane persons upon payment of proper compensation.

Ibid $ 40.

Temporary

commitment of insane person to county

50. When any person is found to be insane, under any of the provisions of this chapter, and he cannot immediately be admitted to the appropriate asylum, and such person is also found to be subject to such acts of violence as threaten injury to himself or danger to the community, and he cannot otherwise be properly restrained, he may be temporarily committed to the county jail, until a more suitable provision can be made for his care.

jail.

51. It shall be the duty of any board of county commissioners, by proper order to that effect, to discharge any ascer

Ibid § 41.

Discharge of

from county

jail.

Ibid § 16.
Superior court

judges to com

mit to proper

asylum,

per

sons confined

in jail on criminal

tained lunatic in their county not admitted to the insane person appropriate insane asylum and not committed for crime, when it shall appear upon the certificate of two respectable physicians and the chairman of their board that such lunatic ought to be discharged if in any insane asylum. 52. The judges of the superior court, in their respective districts shall commit to the proper asylum, (if there be room therein) as a patient, any person who may be confined in jail, on a criminal charge of any kind or degree, or upon a peace warrant, whenever the judge shall be satisfied by the verdict of a jury of inquisition that the alleged criminal act was committed while such person was insane, and that such insanity continues; and also any person acquitted upon a criminal charge, where, on the trial of such person, insanity was relied upon as a defense: provided, the fact of insanity was found as a distinct issue to exist at the time of such trial, or is so found by a jury of inquisition as such judge may direct. A copy of such finding in any of the above cases shall accompany the committal.

charges and persons acquitted of

crimes, who

are found to be insane.

Ch. 57, § 9. Proceedings when in

prisoned for crime, in

sanity ensuing.

53. Whenever any person shall be confined in any jail charged with a criminal offense, and it shall be suggested to the court, wherein such indictment is. pending, that he is insane and incapable of being brought to trial, the court shall empanel a jury to inquire into the truth of the suggestion; and if the jury shall by their verdict find the prisoner to be insane, the judge may cause such prisoner to be removed to the asylum for the insane, or to be otherwise provided for, according to law, to the end that proper means be used for his cure.

54. No such proceedings shall prevent the trial of such perIbid § 10. Tried son upon his becoming sane.

on recovery.

When con vict

ferred to in

55. Whenever any convict of the penitentiary shall be Ch. 85, § 47. found on examination by the superintendent of the to be trans- insane asylum, the chairman of the board of direcsane asylum. tors and the physician to the penitentiary, to be a lunatic or otherwise insane, it shall be lawful to transfer said insane convict from the penitentiary to the insane asylum, under such rules and regulations as apply to other insane persons: provided, such convict's term of imprisonment unexpired shall not be less than three months.

OHIO.

utes of 1880. § 655.

Board of state

charities, ap

pointment of,

92. Support of asylum, state aid to be
in ratio of population of Hamil-
ton county to rest of state.
93. County commission may levy
taxes for support of asylum.
94. Separate apartments for insane in
county infirmary.

95. County infirmary, who admitted.
96. Transfer from jail to infirmary.
97. Statute, how construed.

CRIMINAL INSANE.

98. Examination of prisoner, commitment by judge.

99. Fact of insanity tried by special
jury.

100. Proceedings on verdict of jury.
101. Fact of insanity to be stated in
verdict, proceedings thereon.
102. On recovery remanded to custody.
103. Convict sentenced to death, in-
quest of insanity.
104. Proceedings on inquest.
105. On recovery, governor to order
execution.

106. Insane convicts, inquest of lunacy,
transfer to asylum.

107. On recovery, remanded to prison. 108. Convicts insane at expiration of sentence, remanded to county. 109. Insane convicts suspension of sentence; execution of sentence on recovery.

1. The governor shall appoint four persons, equally from Revised Stat- the two leading political parties, who shall constitute a board of state charities, to serve without compensation. All appointments, at the expiration of term, and fill the terms of the present incumbents, shall be for ing vacancies. four years. The governor shall be ex-officio a member of said board, and the president thereof. Appointments to fill vacancies caused by death, resignation, or removal before the expiration of such terms, may be made for the residue of terms in the same manner as original appointments.

§ 6.56. Powers and duties of the board.

2. The board of state charities shall be provided with a suitable room in the state house. Regular meetings of the board shall be held quarterly, or oftener, if required. It may make such rules and orders for the regulation of its own proceedings as it may deem necessary. It shall investigate the whole system of public charities and correctional institutions of the state, examine into the condition and management thereof, especially of prisons, jails, infir

maries, public hospitals, and asylums, and shall recommend such changes and additional provisions as it may deem necessary for their economical and efficient administration. It shall constitute an advisory board, to whom all plans of public buildings may be referred for suggestion or approval.

$657.

Appointment

of secretary

and his salary.

3. The said board may appoint a secretary, who shall be paid for his services, in addition to his traveling expenses, an annual salary of not to exceed twelve hundred dollars, as may be agreed upon by the board: all accounts and expenditures, shall be certified as may be provided by the board, and shall be paid by the treasurer upon an order from the auditor of state.

Annual report of the board.

4. The board of state charities shall, annually, prepare and print for the use of the legislature, a full and com- $658. plete report of all its doings during the year preceding, stating fully and in detail all expenses incurred, all officers and agents employed, with a report of the secretary, embracing all the respective proceedings and expenses during the year, and showing the actual condition of all the state institutions coming under its examination, with such suggestions as it may deem necessary and pertinent.

$ 698.

Names of the

the insane.

5. The asylums for the insane shall respectively be designated as follows: that near Cleveland, as the Cleveland asylum for the insane; that near Columbus, asylums for as the Columbus asylum for the insane; that near Dayton, as the Dayton asylum for the insane; and that near Athens, as the Athens asylum for the insane; and they shall each be under the charge of a separate board of trustees.

6. The district of the Cleveland asylum, is composed of the the counties of Cuyahoga, Ashtabula, Geauga, Lake, § 699. Trumbull, Mahoning, Portage, Summit, Columbiana, Cleveland Stark, Lorain, Medina, and Wayne.

District of the

asylum.

Columbus

7. The district of the Columbus asylum, is composed of the counties of Williams, Fulton, Defiance, Henry, Lu- $699. cas, Ottawa, Wood, Sandusky, Erie, Huron, Seneca, asylum. Hancock, Wyandot, Crawford, Richland, Ashland, Hardin, Logan, Champaign, Marion, Morrow, Knox, Holmes, Coshocton, Tuscarawas, Carrol, Jefferson, Harrison, Licking, Delaware, Franklin, Fairfield, Pickaway, Fayette, Madison, and Union.