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Application

sion of pa

tients.

17. And be it enacted, That no person shall be admitted int for admis- the asylum as a patient, except upon an order of some court or judge authorized to send patients, without lodging with the superintendent-first, a request, under the hand of the person by whose direction he is sent, stating his age and place of nativity, if known, his christian and surname, place of residence, occupation, and degree of relationship, or other circumstance. of connection between him and the person requesting his admission; and second, a certificate, dated within one month, under oath, signed by two respectable physicians, of the fact of his being insane; each person signing such request or cer tificate shall annex to his name his profession or occupation, and the township, county, and state of his residence, unless these facts appear on the face of the document.

Record of

18. And be it enacted, That the superintendent shall make, admissions in a book kept for the purpose, at the time of reception, a to be kept. minute, with date, of the name, residence, office, and occupation of the person by whom and by whose authority each insane person is brought to the asylum, and have all the orders, warrants, requests, certificates, and other papers accompanying him carefully filed, and forthwith copied into said book.

in each

county.

19. And be it enacted, That each county may, at all times, Proportion of patients keep such number of patients, in just proportion with other counties, as the asylum can accommodate; which proportion shall be regulated by the managers: if any one or more of the counties should not send their full proportion, the yacancies may be allotted, by the managers, to other counties having patients, who they may desire to send.

Proceed

20. And be it enacted, That whenever any pauper may be ings in case insane, it shall be the duty of the overseer of the poor in the of insane township wherein he resides to make application in his behalf

paupers.

to any judge of the court of common pleas of the county; and said judge shall call two respectable physicians, and fully investigate the facts of the case; and if satisfied, after such examination, that the disease is of such a nature as may be cured, he shall issue an order to such overseer, requiring him, without delay, to take such insane pauper to the lunatic asylum, where he shall be kept and supported at the expense of the county in which is his residence, until he shall be restored to soundness of mind, if effected in three years; the judge, in such case, shall have power to compel the attendance of witnesses, and shall file the certificate of the physicians, taken under oath, and other papers relating thereto, and a report of the proceedings and decision, with the clerk of the county, who shall report the facts to the board of chosen freeholders, whose duty it shall be, at their next annual meeting, to raise the money re

quisite to meet the expenses of support, and, as soon thereafter as practicable, pay it to the treasurer of the asylum.

of indigent

21. And be it enacted, That when a person in indigent cir- Proceedcumstances, not a pauper, becomes insane, application may ings in case be made in his behalf to any two judges of the court of common insane perpleas of the county where he resides; and said judges shall sons. call two respectable physicians and other credible witnesses, and fully investigate the facts of the case, and, either with or without the verdict of a jury, at their discretion, shall decide the case as to his insanity and indigence; and if the said judges unite in a certificate that satisfactory proof has been adduced, showing him to be insane, and his estate insufficient to support him and his family, (or if he has no family, himself,) under the visitation of insanity, on their certificate, authenticated by the = county clerk, under the seal of the court, he shall be admitted into the asylum, and supported there, at the expense of said county, until he shall be restored to soundness of mind, if effected in three years; the said judges in such case shall have requisite power to compel the attendance of witnesses and jurors, and shall file the certificate of the physicians, taken under oath, and other papers relating thereto, with a report of their proceedings and decision, with the clerk of the county, and report the fact to the board of chosen freeholders, whose duty it shall be, at their next annual meeting, to raise the money requisite to meet the expenses of support, and, as soon thereafter as practicable, pay it to the treasurer of the asylum.

patient in

( 22. And be it enacted, That when an insane person, in indi- Extension gent circumstances, shall have been sent to the asylum by his of time of friends, who have paid his bills therein for six months, if the asylum. superintendent shall certify that he is a fit patient, and likely to be benefited by remaining in the institution, the chosen freeholders of the county of his residence are authorized and required, upon an application, under oath, in his behalf, to raise a sum of money sufficient to defray the expenses of his remaining there a year, and pay the same to the treasurer of the asylum; and they shall repeat the same for two succeeding years, upon like application, and the production of a new certificate each year, of like import, from the superintendent.

son to re

23. And be it enacted, That the inspectors of the state pri- Inspectors son shall have power, from time to time, on the recommendation of state priof the physician of the prison, to cause any insane prisoner to move inbe removed to the asylum, where he shall be supported until sane prihe shall be restored to soundness of mind, or discharged by asylum. the expiration of his sentence; should he be restored before the end of the term of his imprisonment, the managers of the

soners to

No patient

asylum shall order him returned to the prison; the expense of his maintenance and clothing at the asylum shall be paid, from time to time, by the keeper of the prison, to the treasurer of the asylum, and shall be included in the current expenses of the prison.

24. And be it enacted, That no person shall be admitted into admitted for the asylum for a shorter period than six months, except in spesix months. cial cases provided for in the by-laws.

less than

rize admis

Managers 25. And be it enacted, That the managers may authorize may autho- the superintendent to admit, under special agreements, whenever there are vacancies in the asylum, such cases as may seek admission.

sions in cases of vacancies.

County offi

vide cloth

26. And be it enacted, That all town and county officers cers to pro- sending a patient to the asylum, shall, before sending him, see that he is in a state of perfect bodily cleanliness, and is comfortably clothed and provided with suitable changes of raiment, as prescribed in the by-laws.

ing, &c.

Proceed

of persons

grounds of

27. And be it enacted, That when a person shall have esings in case caped indictment, or have been acquitted of a criminal charge acquitted upon trial, on the ground of insanity, upon the plea pleaded of of crime on insanity or otherwise, the court, being certified by the jury or insanity. otherwise of the fact, shall carefully inquire and ascertain whether his insanity in any degree continues, and if it does, shall order him in safe custody, and to be sent to the asylum: the county from which he is sent shall defray all his expenses while there, and of sending him back, if returned; but the county may recover the amount so paid from his own estate, if he has any, or from any relative, township, city, or county that would have been bound to provide for and maintain him elsewhere.

of insane

confineinent.

Proceed- 28. And be it enacted, That if any person in confinement, ings in case under indictment, or under sentence of imprisonment, or for persons in want of bail for good behaviour, or for keeping the peace, or appearing as a witness, or in consequence of any summary conviction, or by order of any justice, or under any other than civil process, shall appear to be insane, the judge of the circuit court of the county where he is confined shall institute a careful investigation, call two respectable physicians and other credible witnesses, invite the prosecutor of the pleas to aid in the examination, and, if he shall deem it necessary, call a jury, and for that purpose is fully empowered to compel the attendance of witnesses and jurors; and if it be satisfactorily proved that he is insane, said judge may discharge him from imprisonment, and order his safe custody and removal to the asylum, where he shall remain until restored to his right mind; and then, if the said judge shall have so directed, the superintendent shall

inform the said judge and the county clerk and prosecutor of the pleas thereof, whereupon he shall be remanded to prison, and criminal proceedings be resumed, or otherwise discharged; the provisions of the last preceding section, requiring the county to defray the expenses of a patient sent to the asylum, shall be equally applicable to similar expenses arising under this section and the one next following.

ed with

29. And be it enacted, That persons charged with misde- Insane permeanors, and acquitted on the ground of insanity, may be sons chargkept in custody and sent to the asylum in the same way as misdemeanpersons charged with crimes.

or.

30. And be it enacted, That the price to be paid for keep- Price of ading any person in indigent circumstances in the asylum, shall mission. be annually fixed by the managers, and shall not exceed the actual cost of support and attendance, exclusive of resident officers' salaries; but the managers may reduce the price, if they think proper, in behalf of one indigent patient from each county, if admitted within six months of the first attack of the disease, for one year, unless sooner cured.

who liable

31. And be it enacted, That every insane person supported Expenses in the asylum, shall be personally liable for his maintenance of patients, therein, and all necessary expenses incurred by the institution for. in his behalf; and the committee, relative, township, city, or county that would have been bound by law to provide for and support him, if he had not been sent to the asylum, shall be liable to pay the expenses of his clothing and maintenance in the asylum, and actual necessary expenses to and from the same.

&c., of patients sent

ties, how

paid.

32. And be it enacted, That the expenses of clothing and Expenses, maintenance in the asylum, of a patient who has been received clothing, upon the order of any court or judge, shall be paid by the county from which he was sent to the asylum; the county col- by counlector of said county is authorized and directed to pay to the treasurer of the asylum the bills for such clothing and maintenance, as they shall become due and payable, according to the by-laws of the asylum, upon the order of the steward, countersigned by the superintendent: and the chosen freeholders of said county shall annually levy and raise the amount of such bills, and such further sum as will probably cover all similar bills for one year in advance; said county, however, shall have the right to require every individual, township, city, or county, that is legally liable for the support of such patient, to reimburse the amount of said bills, with interest, from the day of paying the same.

Expenses of removal 33. And be it enacted, That whenever the managers shall of patients order a patient removed from the asylum to the county whence from asyhe came, the collector of said county shall audit and pay the settled.

lum, how

Expenses,

ered,

actual and reasonable expenses of such removal, as part of the expenses of said county; but if any township or person be legally liable for the support of such patient, the amount of such expenses may be recovered, for the use of the county, by said collector: if such collector neglect or refuse to pay such expenses on demand, the treasurer of the asylum may pay the same, and charge the amount to said county, and the county collector shall pay the same, with interest; and the chosen freeholders of said county shall levy and raise the amount, as other county charges.

34. And be it enacted, That every township or county pay how recov- ing for the support of a lunatic in the asylum, or for his expenses in going to or from the same, shall have the like rights and remedies to recover the amounts of such payments, with interest from the time of paying such bill, as if such expense had been incurred for the support of the same, at other places under existing laws.

Authority

of court of chancery

ed.

35. And be it enacted, That none of the provisions of this act shall restrain or abridge the power and authority of the not abridg, court of chancery over the persons and property of the insane. 36. And be it enacted, That the managers, upon the superDischarge of patients. intendent's certificate of a complete recovery, may discharge any patients, except those under a criminal charge, or liable to be removed to prison; and they may send back to the poorhouse of the county or township whence he came, any person admitted as "dangerous," who has been two years in the asylum, upon the superintendent's certificate that he is harmless, and will probably continue so, and not likely to be improved by further treatment in the asylum; or when the asylum is full, upon a like certificate that he is manifestly incurable, and can probably be rendered comfortable at the poor-house, they may also discharge and deliver any patient, except one under criminal charge as aforesaid, to his relatives or friends, who will undertake, with good and approved sureties, for his peaceable behaviour, safe custody, and comfortable maintenance, without further public charge.

Discharge

37. And be it enacted, That a patient of the criminal class of criminal may be discharged by order of one of the justices of the supatients. preme court, if, upon due investigation, it shall appear safe, legal, and right to make such order.

Clothing,

furnished on dis

38. And be it enacted, That no patient shall be discharged &c., to be without suitable clothing, and, if it cannot be otherwise obtained, the steward shall, upon the order of two managers, furnish it; also money, not exceeding ten dollars, to defray his necessary expenses until he reaches home.

charge.

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