against their estate. ecuting at the asylum and keeping her while there, and the parents of minor children committed as insane or idiotic shall be in like manner liable to the county for the cost of such commitments, and to the state for the cost of conveying such insane or idiotic minor children to the asylum, and of keeping them while there. The state shall hold a lien in the nature of State shall a judgment against the estate of a husband for the hold a lien cost of sending his wife to the asylum and keeping her there when committed as insane or idiotic, and against the estate of parents for the costs of sending their minor children to the asylum and of keeping them there when committed as insane or idiotic. It shall be the duty of the prose- Duty of proscuting attorney for each judicial district to cause to torney. be appointed the guardians herein provided, for all persons so adjudged to be insane or idiotic, who are found to own estate, real or personal, sufficient to pay, in whole, or in part, the expenses of the committal of such person, and of conveying such person to the asylum and of keeping such person while there, and to collect from the estate of such person or persons, and from the husband of an insane or idiotic wife, and from the parents of minor children so committed to the asylum, the cost of conveying such persons to the asylum, and of keeping them while there, and forthwith to pay the same over to the secretary of state, which amount shall be paid by the secretary of state into the state treasury. in the Ibid § 3. County judge ceedings. to record pro 10. The county judge shall cause to be recorded records of the county court the proceedings had upon such application and the judgment of the court. When the patient is adjudged insane, he shall make a warrant reciting his findings, the cause or causes of insanity, where the same can be ascertained, together with the name, age, nativity and present residence of the patient. The warrant shall be recorded in the records of the county court, one copy of which shall be sent with the patient to the superintendent of the asylum, another shall be sent to the secretary of state and filed in his office. The person committed shall be conveyed to the asylum by any proper person or persons selected and designated by the county judge. The expenses of sending insane and idiotic persons committed to the asylum shall be paid by the state treas Expenses paid treasurer. by the state physician and urer on the warrant of the secretary of state, out of the fund appropriated for such purpose, but shall never exceed three dollars per day to the person appointed and his actual reasonable and necessary expenses, together with two dollars and a half per day for the necessary attendants, certified to by the secretary of state, in conveying to and returning from the asylum, on the most usual and direct routes, with the celerity of Compensation ordinary travel on those routes. Such physicians for examining shall receive five dollars each for each examination, attorney, etc. and the prosecuting attorney or his deputy, or the attorney called by the court in case of their absence or inability to act, shall receive five dollars for such examination, and the prosecuting attorney shall, for the other services required of him by this act, receive like compensation as now provided by law for similar services. Witnesses shall receive the same compensation as in civil cases. The costs of examination and committal shall be paid by the county in which the examination is made, to be repaid to the county as hereinafter provided. Upon presentation to the secretary of state of a certificate of the county judge, showing that a person has been designated by him to convey an insane or idiotic person to the asylum, and of a certificate from the superintendent of the asylum showing that such person has been conveyed to the asylum and received by the contractor or contractors, and an itemized account verified by the oath of the person so designated, to the effect that the same is just and correct, and that the number of days charged in said account has been necessarily consumed in conveying such person to the asylum, and that the expenses charged have been necessarily incurred, the secretary of state shall audit said account according to the provisions of this act, and draw his warrant upon the treasurer for the amount found due, and the state treasurer shall pay the same out of the fund appropriated for that purpose. Costs of committal, how paid. Act of Sept. 27, 1862, § 7. 11. Whenever any convict, confined in the state prison, shall, in the opinion of the physician of the prison, be inInquiry of in- sane or idiotic, the physician shall make oath to the same, before the county judge of the county in which the said prison is located; and said judge shall summon one or more competent physicians, to examine the alleged case of insanity or idiocy, and if, in their opinion, the said con sanity in rela- vict is of unsound mind, the judge shall send the statement of said physician, with his own opinion, to the governor, who is hereby authorized, at his discretion, to remove or cause to be removed said convict to the place provided for the insane and idiotic. Act of Oct. 19, 1864, $170. Proceeding, when defendant acquitted 12. If the defense be the insanity of the defendant, the jury must be instructed, if they find him not guilty on that ground, to state that fact in their verdict, and the court must thereupon, if it deems his being at large dangerous to the public peace or safety, order of insanity. him to be commmitted to any lunatic asylum, authorized by the state to receive and keep such persons, until he become sane, or be otherwise discharged therefrom by authority of law. 13. When the commission of the act charged as a crime is proven, and the defense sought to be established is Ibid § 204. the insanity of the defendant, the same must be be proven. proven beyond a reasonable doubt; and no act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition; but whenever the actual existence of any particular motive, purpose or intent, is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the defendant was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act. Insanity must PENNSYLVANIA. STATE BOARD OF CHARITIES. 1. Creation of board. 2. Oath of office, organization. 3. Meetings; commissioners to receive no compensation. 4. General agent, term of office, duties; to be a member of the board. 5. Inspection of asylums. 6. Annual visitation. 7. Annual reports of charitable institutions to general agent. 8. Duties of general agent on application for state aid. 9. Power of commissioners to administer oaths. 10. Not to be interested in contracts. 11. Annual report of board. COMMITTEE ON LUNACY. 12. Supervision over asylums. 13. Additional members of board of charities; qualifications. 14. Committee on lunacy, organization. 15. Duties of committee. 16. Powers of committee. 17. Annual report. 18. To make rules regulating care of insane and license of asylums. 19. County board of visitors. 20. Appointment, term of office. 21. Women may be members. 22. Houses for confinement of insane without license, penalties. 23. Violation of rules of committee, penalties. 24. Board of charities to provide for visitation of all insane. 25. Rules for admission of visitors. 26. Illegal detention, penalties. 27. Verdict or judgment not to be entered except on certificate of negligence or corrupt action. 28. Records of asylums to be kept. 31. Statement necessary for admission. 32. Contents of statement. 33. Defective statement, how cured. 34. Recording statements, and examination by medical attendants. 35. Patients, when discharged. 36. Free communication with friends. 37. Statement and result of examination submitted to committee. 38. Private physicians for patients. 39. Unrestricted correspondence of patients with committee. 40. Discharge; habeas corpus. 41. Committee on lunacy to be notified of discharge. 42. Committee on lunacy may discharge; criminals excepted. 43. Voluntary inmates, agreement. 44. Relatives to observe preceding conditions. 45. Interference with correspondence, penalty for, extended to officers. 46. Officers exonerated where probable cause for commitment; notice. 47. Notice of inquisition to committee, contents of, powers of committee and court, appeal. 48. Habeas corpus for unlawful detention, when issued. 49. Commitment on order of court, proceedings. 50. Removal by friends, regulations. 51. Commitment of uncared for insane. 52. Right to habeas corpus and jury trial continued. MISCELLANEOUS PROVISIONS. 53. Indigent insane, transfer from almshouse to asylum. 54. Support of insane, limit of charges. 55. Expenses of indigent insane, divided between state and county. 56. Asylum destroyed by fire, transfer of patients to other asylums. 57. False certificate of insanity by physician, penalty. 58. Female physicians may be appointed for asylums. 59. Term of office of such physicians. 60. Appointment of visitors, admission of, penalties for refusal to admit. CRIMINAL INSANE. 61. Insane criminals, admission, discharge, proceedings for removal, expenses how borne. 62. Discharge upon order of court, notice to committee. 63. Fact of insanity to be stated in verdict of acquittal, proceedings. 64. Upon arraignment, jury to be empaneled, proceedings. 65. On discharge for want of prosecution, like proceedings. 66. Delivery to friends after acquittal. 67. Expenses of, reimbursement. 68. Acquittal on ground of insanity, fact to be stated in verdict; temporary commitment. 69. Discharge after three months' confinement, in discretion of judge. 70. Discharge for ill health. 71. Transfer to asylum, proceedings. 72. Power of court to commit to asylum during insanity. 94. Indigent insane, liability of county for support, reimbursement. 95. Recovery of money due asylum from counties. 96. Discharge, upon application of relatives; security required. 97. Preference to indigent insane. 98. Railroads forbidden through asylum grounds. DIXMONT ASYLUM. 99. Ex-officio visitors of asylum. 100. Board of managers, appointment; annual report. 101. Convicts in western penitentiary transfer to asylum, proceedings. 102. Investigation of insanity by courts, powers, proceedings. 103. Criminal insane, courts authorized, to commit. 104. Indigent insane, commitment by township, liability for expenses. Transfer of insane from western penitentiary. 105. 73. On recovery, to be remanded to. 106. Inebriates, temporarily insane, prison or discharged. 74. On expiration of sentence, may be delivered to relative. 75. Expenses of removal, how borne. 76. Fulton county to bear expenses of indigent insane criminals. HARRISBURG ASYLUM. 77. Board of trustees, title, powers; to appoint superintendent and treasurer; salaries of officers. 78. Superintendent, powers and duties. 79. Property may be held in trust. 80. Counties entitled to patients in ratio of insane population. 81. Charges for indigent and private patients. 82. Insane criminals, commitment, ex penses. 83. Legal settlement or residence, liability for expenses. 84. Indigent insane, expenses of reremoval and maintenance. 85. Commitment of insane paupers by authorities of the poor. 86. Expenses of maintenance, how recovered by asylum. 87. Commitment by courts, powers. 88. Preferences for admission. 89. Ex-offico visitors of asylum. 90. Prisoners in eastern penitentiary, transfer to asylum. 91. Fact of insanity to be inquired into by court. 92. Insane criminals acquitted of felony, when sent to asylum. 93. Incurable insane criminals remanded to prison. commitment by courts, proceedings; security for expenses. 107. Incurable criminal insane, remanded to prison. 108. Incurable indigent insane returned to counties. 109. Cured criminal insane remanded to custody. 110. Cured indigent insane returned to county. 111. Allegheny county insane, regulations for discharge. 112. Inquiry by courts into indigence of criminal insane. 113. Support and commitment, expenses how borne. 114. Reimbursement of expenses. 115. Certified copy of commitment furnished solicitor and physician. 116. Criminals whose expenses remain unpaid returned to county. 117. Preference, order of admission. 118. Indigent insane, charges. 119. Apportionment of charges. 120. Streets through grounds prohibited. 121. Commitment of criminal insane. 122. Support of insane criminals, charged to county. 123. Service of process. 125. Decree of court for commitment. 126. Expenses of maintenance, chargeablility for. DANVILLE ASYLUM. 127. Establishment; board of trustees, powers and duties; officers. |