P. L. 21.

42. During the detention of any person as insane, any medical practitioner 8 May 1888 § 27. designated by him, or by any member of his family, or near friend, with the sanction of a judge of a court of record of the county in which such insane per- Other physicians son resided at the time of his removal and detention, shall be permitted, at all may be employed. reasonable hours, to visit and examine the patient; and such medical attendant shall, unless objected to by the patient, be permitted by request of his or her family or near friend, and with the consent of the physician in chief of the establishment, to attend the patient for all maladies other than insanity, in the same manner as if the patient were in his own home.

Ibid. § 28.

Correspondence of

43. All persons detained as insane shall be furnished with materials and reasonable opportunity, in the discretion of the superintendent or manager, for communicating, under seal, with any person without the building, and such communication patients. shall be stamped and mailed. They shall have the unrestricted privilege of addressing communications, if they so desire, not oftener than once a month, to any member of the committee on lunacy.

Ibid. § 29.

Insane criminals.

44. The provisions of this act in respect of the admission or discharge of patients, shall not extend to insane criminals in custody. Such persons shall not be received, except when delivered by a sheriff of the county or his deputy, together with an order of the court, of the county in which he was arrested or convicted, having jurisdiction of the offence, under the seal of the court and signed by a law judge. Nor shall criminals be discharged from a hospital or other place of detention for the insane, saving on a like order, and to the sheriff or his deputy producing such orders; and while detained as an insane person, such criminal shall be so kept as to insure his detention until duly discharged. Whenever any person detained in any jail or prison is insane, or in such a condition as to require treatment in a hospital for the insane, it shall be the duty of any law judge(p) of the court under whose order the person is detained, upon application, to direct an inquiry into the circumstances, either by a commission, or otherwise, as he shall deem proper, with notice to the committee on lunacy; and if the judge shall be satisfied that the person confined requires treatment in an hospital, he shall thereupon direct the removal of the said person from the jail or prison to a state hospital, which order shall be executed by the sheriff of the county or his deputy; and the actual expenses of Expenses. such removal, and the expenses of maintaining the person in the hospital, shall be paid by the county liable for the maintenance of the said person in the jail or prison from which he is removed.

Ibid. § 30.

Discharge by order

45. The trustees, managers and physician of any hospital in which a criminal is confined by order of any court, or in which a lunatic has been committed after an acquittal of crime, shall not discharge, release or remove the prisoner or lunatic, of court. without the order of a court of competent jurisdiction; and in case such lunatic, whether a convict or acquitted, is not set at large, but is to be removed to any place of custody other than a hospital, the order for removal shall not be made Committee to be without notice to the committee of lunacy, and time given them to investigate the notified. case, and be heard on the application.

reason.

46. All persons that have been detained as insane (other than criminal insane, Ibid. § 31. duly convicted and sentenced by a court), shall, as soon as they are restored to Discharge of perreason and are competent to act for themselves, in the opinion of the medical atten- sons restored to dant of the house, be forthwith discharged; and any person so detained, shall, at all times, be entitled to a writ of habeas corpus for the determination of this ques- Habeas corpus. tion; and on the hearing, the respondent in that writ shall be required to pay the costs and charges of the proceeding, unless the judge shall certify that there was sufficient ground, in his opinion, to warrant the detention, and put the petitioner to his writ. In case the discharged patient be in indigent circumstances, such Provision for indiperson shall be furnished with necessary raiment, and with funds sufficient for gent persons on discharge. sustenance and travel to his home, to be charged to the county from which such patient was committed.

47. The committee on lunacy shall be notified of all discharges, within seven days thereafter; and a record of the same shall be kept by the committee.

Ibid. § 32. Ibid. § 33. Committee may

48. The committee on lunacy may, at any time, order and compel the discharge of any person detained as insane, other than a person committed after trial and conviction for crime, or by order of court; but such order shall not be made, compel discharge. unless notice be given to the person having charge of the building in which the Notice of order. patient is detained, and to the person or persons at whose instance the patient is detained, and reasonable opportunity given them to justify a further detention; and the committee shall not sign an order of discharge, unless they have personally attended and examined the case of the patient.

10 May 1893. P. L. 39.

49. Persons voluntarily placing themselves in any of the houses provided for in this act, and who may be suffering from nervous diseases threatening mental disorder, may be received for a period of one month or less, by an agreement, which How persons may shall also specify the time, signed by them at the time of admission, and they may be admitted. renew said agreement at the end of one month, but no agreement shall be deemed to authorize their remaining, unless signed in the presence of some adult persons

(p) The commitment cannot be made by the president judge at chambers. Dux's Case, 7 C. C. 294.

10 May 1898. P. L. 39.

8 May 1853 § 38.

P. L. 21.

Responsibility of managers and officers.

13 June 1883 § 1. P. L. 92.

Indigent insane

to state hospitals.

attending as a friend of the person applying in the presence of and also by the medical attendant.(q)

50. The managers and officers of any hospital or licensed house or place shall not be liable to the penalties imposed by this act, and shall be entitled to all the protection of this act, in case of receiving for detention a lunatic, or alleged lunatic, without complying with the requisitions of the act, if the judge trying the cause shall certify that the said officers and managers had good reason to believe that such receiving and detention were necessary for the safety of the lunatic, or other persons, and that the delay required to comply with the requirements of this act would have been injurious to the person detained, or to other persons, and that there is no reason to believe that they, or any of them, were actuated by improper motives.(r) And within forty-eight hours after any person is thus received, all the requisitions of this act to authorize a detention, shall have been complied with, or the person discharged from custody, and the officers of the hospital, or place where such lunatic has been thus received, shall forthwith notify the board of public charities of the facts connected with the reception and detention.

51. Whenever the state board of commissioners of public charities shall deem it expedient to transfer any such indigent insane persons, in county poor-houses or almshouses, or otherwise in the custody of the directors or overseers of the poor, to may be transferred the state hospitals for the insane, for care and treatment, the state board of commissioners of public charities shall petition the president judge of the court of common pleas of the proper county, who shall enter a rule, upon filing said petition, upon said directors or overseers of the poor, to show cause why said insane person Order of removal. shall not be removed to said state hospital, and if, upon hearing, he shall deem it best, he shall make an order directing the removal of said insane person to the state hospital for the proper district.

21 May 1889 § 1. P. L. 258.

Cost of care of indigent insane.

Ibid. § 2. Section 3, act of

52. The expense of the care and treatment of the indigent insane in the state hospitals for the insane, is hereby fixed at the uniform rate of one dollar and seventy-five cents per week for each person, including clothing, chargeable to the respective counties or poor districts from which such insane shall come, and the excess over said one dollar and seventy-five cents shall be paid by the state; but in no case shall said excess exceed two dollars per week for each indigent insane person.

53. Section three of the act recited in the title hereto, and which reads as follows: "Section three, That the expense of the care and treatment of the indigent June 13, 183, P. L. insane in the state hospitals for the insane, shall be divided between the state and 92, repealed. the county: Provided, That the maximum charge to the county shall not exceed, including all charges, the sum of two dollars a week for each person,” be and the same is hereby repealed.

Ibid. § 3. Board of public charities may transfer to poor

houses or prisons.

2 June 1893 § 1. P. L. 270.

Appropriation.

Ibid.

How payable.

Quarterly report.

54. Said state board of commissioners of public charities at its discretion shall have full power and authority to make transfer of all indigent insane from the state hospitals or asylums to the poor-houses, almshouses or prisons of the several counties, chargeable for their maintenance.

55. The sum of nine hundred and fifty thousand dollars, or so much thereof as may be necessary, be and the same is hereby specifically appropriated for the care and treatment of the indigent insane as prescribed by acts of assembly, approved the thirteenth day of June, one thousand eight hundred and eighty-three, and the twenty-second day of June, one thousand eight hundred and ninety-one, for the two fiscal years commencing on the first day of June, one thousand eight hundred and ninety-three.

56. The said appropriation to be paid quarterly on the warrant of the auditorgeneral on a settlement made by him and the state treasurer, but no warrant shall be drawn on settlement made until the directors or managers of the respective hospitals or asylums for the insane shall have made, under oath to the auditor-general, a quarterly report containing the actual number and names of indigent insane persons received and maintained in said hospitals or asylums for the insane during the quarter, with date of admission, date of discharge or death, and showing the actual time each indigent insane person was treated and cared for. Such quarterly report or account shall be accompanied by a specifically itemized statement, made under oath, by the directors or managers, of the receipts and income from all sources whatever, and of the expenditures for all purposes whatsoever, during the quarter, together with the cash balance on hand at the beginning of or available at Cash on hand at be- any time during the quarter. And any such cash balance on hand at the beginginning of quarter. ning of any quarter, or that is available during the quarter, shall be deducted from the amount chargeable for maintenance to the state for such quarter.

Itemized statement.

Ibid. § 2. 57. It shall be the duty of the county commissioners, of the directors or overseers of the poor of the different counties or poor districts of the state, to report, under Reports of county commissioners and oath to the auditor-general on the first days of September, December, March and poor directors to June of each year, the number of indigent insane persons transferred as provided auditor-general. by law to the state hospitals or asylums for insane in their respective districts; said

(q) This is an amendment of the act 8 May 1883, § 34, P. L. 21.

(r) The 37th section repeals the 10th section of the act of 20 April 1869, which is hereby supplied.

P. L. 270.

reports shall contain the name of every indigent insane person, when admitted, 2 June 1893 § 2. length of time cared for in said state hospital or asylum, and date of discharge or death.

Ibid. § 3.

58. For the neglect or refusal of the county commissioners or directors of the poor of county poor-houses or almshouses or otherwise controlling the custody of If no report is such indigent insane persons, or of the directors or managers of the state hospitals made, amount due or asylums wherein the indigent insane are treated and cared for, to make report to for quarter not to be paid. the auditor-general, as required by this act, said counties, hospitals or asylums, shall forfeit the whole amount due for the quarter in which no report was made: Provided, That all insane persons who apply for admission to any of said hospitals Patients may pay with proper papers, and are willing and able to pay their expenses, be admitted, penses. and that accommodations shall be furnished for said insane: Provided also, That Payment of approno payment shall be made on account of the care and treatment of the insane until priation. the secretary of the board of charities shall have certified to the auditor-general that the quarterly report of the cost of such care and treatment contains no charge except for maintenance.(s)

their own ex

14 April 1893. P. L. 20.

to have female

59. Whenever any indigent female insane patient is to be removed from any county almshouse to a state hospital or asylum for the insane, or from one state hospital or asylum for the insane to another state hospital or asylum, or from the Insane female home of such indigent patient to an almshouse, hospital or asylum, or when re- patients in transit, turned from such institution to her home, it shall be the duty of the court under attendant. whose order such patient is committed, or of the commissioners of the county or the overseers of the poor of the district to which such patient is chargeable (if not committed by the court), to provide a female attendant for every female patient in transit at the expense of the proper county or poor district unless such patient is accompanied by a member of her family.

III. Right of eminent domain.

6 May 1891 § 1. P. L. 43.

60. Whenever the board of trustees of any state lunatic hospital or state hospital for the insane shall desire more land for the erection of necessary buildings, or other necessary hospital uses and purposes, and shall be unable to procure State trustees may the same by purchase from the owners, it shall and may be lawful for said board take lands for to enter upon and occupy adjoining lands for any of said purposes which they hospital purposes. designate and mark off, and to use and occupy the same for said purposes, and for all damage done or suffered, or which shall accrue to the owner or owners of such land, by reason of the taking of the same as aforesaid, the state shall be

security, and it shall and may be lawful for the court of common pleas of the Court shall appoint county in which such lands may lie, on application thereto by petition, either viewers. by the said board of trustees through their president and secretary or by the owner or owners of said lands, to appoint a jury of viewers consisting of three discreet and disinterested citizens of the county, who shall not be owners of adjoining property or residents of the township in which such lands are taken, and appoint a time, not less than twenty nor more than thirty days thereafter, for said viewers to meet upon said lands, of which time and place ten days' notice shall be given by the petitioners to said viewers and to the other party or parties in interest, and the said viewers, or a majority of them, having been first duly sworn or affirmed, faithfully, justly and impartially to decide and a true report to make concerning all matters and things to be submitted to them, and having viewed the premises, they shall estimate and determine the quantity and value of the land so taken and to be used for the purpose aforesaid, and after having made a fair and just computation of the advantages and disadvantages, they shall esti- Damages. mate and determine whether any, and if any, what amount of damages has been or might be sustained and to whom payable, and make written report thereof to

the said court; nd if damages be awarded and the report be confirmed by the said Judgment, with court, judgment shall be entered thereon, and with the right of either party to right of appeal. appeal and have the right to trial by jury, as in other cases of taking lands under the right of eminent domain.

61. That if, pending said proceedings, it shall be made to appear by affidavit

Ibid. § 2.

or otherwise, to the satisfaction of said court, that the title to the said lands is Proceedings disputed, doubtful or defective, or that any party in interest is absent, covert, where title is not of full age or for any other cause incapable to act, it shall be lawful for defective. said court to make all needful orders to effect the purposes of this act, and to direct the damages and costs to be paid into court for the benefit of the parties who may be found entitled thereto: It is further provided, That a fee-simple title Fee-simple title to all lands acquired under the provisions of this act shall vest in trustees of said shall vest in hospital.

trustees.

(s). See the acts 1 June 1891, P. L. 144; 23 May 1889, P. L. 345; 1 June 1887, P.L. 282; 23 June 1885, P. L. 133.

4 March 1841 § 1. P. L. 57.

IV. Pennsylvania state lunatic hospital.

62. There shall be erected, as soon as conveniently may be, upon some suitable Lunatic asylum to site, to be determined and obtained as is hereinafter provided, a public asylum for the reception and relief of the insane of this commonwealth.(t)

be erected.

14 April 1845 § 5. P. L. 441.

To be a corporation.

duties.

63. The governor shall nominate, and by and with the advice and consent of the senate, appoint nine persons to be trustees of the said institution, who shall Trustees to be ap- be a body politic and corporate, by the name(u) and style of the ["Trustees of the pointed. Pennsylvania State Lunatic Hospital and Union Asylum for the Insane,"] and shall manage and direct the concerns of the institution, and make all necessary by-laws and regulations not inconsistent with the constitution and laws of the Their powers and commonwealth; and shall have power to receive, hold, dispose of and convey all real and personal property conveyed to them by gift, devise or otherwise, for the use of the said institution, and shall serve without compensation; of those first appointed three shall serve for one year, three for two years, three for three years, and at the expiration of the respective periods the vacancies to be filled by appointments for three years; and should any vacancy occur by death, resignation or otherwise, of any trustee, such vacancy shall be filled by appointment for the unexpired time of such trustee. The said trustees shall have charge of the general interests of the institution; they shall appoint the superintendent, who shall be a skilful physician, subject to removal or re-election no oftener than in periods of ten years, except by infidelity to the trust reposed in him, or for incompetency; said physician shall always reside in the asylum, he shall be a married man and his family shall reside with him; the trustees, by and with the consent of the governor, shall make such by-laws and regulations for the government of the asylum as shall be necessary; they shall appoint a treasurer, who shall give bonds to the commonwealth for the faithful discharge of his duties; they shall determine his compensation for services; also the salaries of the other officers and assistants, who may be necessary for the just and economical administration of the affairs of said hospital. 64. The superintending physician shall appoint and exercise entire control over Powers of superin- all subordinate officers and assistants in the institution, and shall have entire tending physician. direction of the duties of the same.

Physician.

Treasurer.

Ibid. § 6.

Ibid. § 7. Power to hold property.

Ibid. § 8.

Admission of patients regulated. Ibid. § 9.

Rates of charge to patients.

Ibid. § 10.

Courts may commit insane criminals.

Expenses, how borne.

Ibid. § 11.

to be certified.

65. The said trustees and their successors in office shall have power to take and hold in trust, for the use and benefit of said asylum, any grant or devise of land, and any donation or bequest of money or other personal property, to be applied to the maintenance of insane persons, in or to the general use of the asylum.

66. The admission of insane patients from the several counties of the commonwealth, shall be in the ratio of their insane population: Provided, That each county shall be entitled to send at least one insane patient.

67. Indigent persons and paupers shall be charged for medical attendance, board and nursing, while residents in the hospital, no more than the actual cost; paying patients, whose friends can pay their expenses, and who are not chargeable upon townships or counties, shall pay according to the terms directed by the

trustees.

68. The courts of this commonwealth shall have power to commit to said asylum any person who, having been charged with an offence punishable by imprisonment or death, [who] shall have been found to have been insane, in the manner now provided by law,(v) at the time the offence was committed, and who still continues insane;(w) and the expenses of said persons, if in indigent circumstances, shall be paid by the county to which he or she may belong by residence.(x)

69. It shall be the duty of the court, in all cases where they shall commit any Place of settlement person to the asylum, to certify to the trustees the legal settlement of such person, if he or she have any legal settlement in this commonwealth; and if such person shall have no such settlement, then to certify the place of residence of such person at the time of offence committed, on(y) application made; and the Poor district to be poor district so certified to be the place of settlement or residence of such person, shall be chargeable with the expenses of his or her care and maintenance, and removal to and from said asylum :(z) Provided, That the settlement or residence

chargeable with expenses.

(t) The remainder of this act is supplied and repealed by act 14 April 1845, infra 63-75. See acts 13 April 1868, P. L. 90; 14 August 1873, P. L. 333; and 5 May 1876, P. L. 121, for erecting additional state hospitals for the insane, at Danville, Warren and Norristown.

(u) Name changed, infra 76.

(v) See tit. "Criminal Procedure."

(w) The record of the commitment is defective, unless it show the cause for which the lunatic was committed. Lower Augusta Township v. Northumberland County, 37 P. S. 143.

(x) See act 9 February 1849, § 2, providing for the custody of persons acquitted on the ground of insanity in Somerset county, P. L. 45; and act 1 May 1861, as to Wyoming county, P. L. 537.

() "On" is here to be read "or." Township of Franklin v. Pennsylvania State Lunatic Hospital, 30 P. S. 524.

(z) The county is primarily liable to the hospital, for the expenses of maintenance, which the proper poor district must refund; the district to be reimbursed by the estate or relations of the lunatic. Lower Augusta Township v. Northumberland County,

P. L. 441.

of any such person shall not be so certified, until after due notice shall have been 14 April 1845 § 11. given to the constituted authority having charge of poor in the district to be charged thereby.(a)

P. L. 85.

maintenance of

70. In all cases where any court in this commonwealth shall commit, or have 17 Feb. 1854 § 1. committed, any person to the state lunatic hospital, under the provisions of the 11th section of the act to which this is a supplement, (b) where such person has By whom expense no legal settlement in any district or township in this commonwealth, but only a of removal and residence therein, the county wherein he or she is found or has been found a lunatic pauper to lunatic, shall be chargeable with the expense of his or her care and maintenance, be borne, who has and removal to and from said hospital, and the said court shall certify to the no legal settletrustees of said hospital accordingly.

ment.

P. L. 442.

71. The several constituted authorities having care and charge of the poor in 14 April 1845 § 12. the respective counties, districts and townships of this commonwealth, shall have authority to send to the asylum such insane paupers under their charge as they Insane paupers may deem proper subjects; (c) and they shall be severally chargeable with the may be sent to expenses of the care and maintenance, and removal to and from the asylum, of asylum. such paupers.

72. If the guardians, directors or overseers of the poor, to whom any patient Ibid. § 18. who shall be in the asylum is chargeable, shall neglect or refuse, upon demand How expenses to made, to pay to the trustees the expenses of the care, maintenance and removal be collected. of such patient, and also, in the event of death, of the funeral expenses of such patient, the said trustees are hereby authorized and empowered to collect the same as debts of a like nature are now collected.

Ibid. § 14.

73. If any person shall apply to any court of record within this commonwealth, having jurisdiction of offences which are punishable by imprisonment for the term Courts to inquire of ninety days or longer, for the commitment to said asylum (of) any insane person into cases of within the county in which said court has jurisdiction, it shall be the duty of the alleged insanity. said court to inquire into the fact of insanity, in the manner provided by law; (d) and if the said court shall be satisfied that such person is, by reason of insanity,

unsafe to be at large, or is suffering any unnecessary duress or hardship, such And commit to the court shall, on the application aforesaid, commit such insane person to said asylum. asylum.(e)

74. In order of admission, the indigent insane of this commonwealth shall always Ibid. § 15. have precedence of the rich; and while the finances of the state do not permit Order of preference ample provisions for all cases of insanity, recent cases shall have preference over in admission. those of long standing.

75. The governor, judges of the several courts of record in the commonwealth, and the members of the legislature, shall be ex officio visitors of the institution.

Ibid. § 16.

P. L. 535.

76. The name of the asylum for the insane poor of this commonwealth, as estab- 11 April 1848 § 1. lished by the act to which this is a supplement, be and the same is hereby changed to that of the "Pennsylvania State Lunatic Hospital."

P. L. 551.

77. Whenever, in the opinion of the inspectors of the eastern penitentiary, any 4 May 1862 § 42. of the prisoners therein confined shall develop such marked insanity as to render their continued confinement in said penitentiary improper, and their removal to When prisoners in the state lunatic hospital necessary to their restoration, it shall be the duty of the the eastern penisaid inspectors to submit such cases to the board, composed of the district-attorney transferred to the tentiary may be of the county of Philadelphia, the principal physician of the Pennsylvania hos- asylum. pital for the insane, at Philadelphia, and the principal physician of the Friends' insane asylum at Frankford, in Philadelphia county, and in case a majority of them cannot, at any time when required, attend, a competent physician or physicians, to be appointed by the court of quarter sessions of the county of Philadelphia, in the place of such as cannot attend; upon whose certificate of insanity, or the certificate of any two of them, transmitted to the governor, and if by him approved, he shall direct that said insane prisoners shall be, by said inspectors, removed to the state lunatic hospital, there to be received, safely kept, and properly provided for, at the cost and charge of the county from which they were sent to the penitentiary. And if, at any time during the period for which any such insane prisoners shall have been sentenced to confinement in the eastern penitentiary, they shall, in the opinion of the trustees of said lunatic hospital, be so far restored as to render their return to said penitentiary safe and proper, then the said trustees

37 P. S. 143. Erisman v. Directors of the Poor, 47 Ibid. 509. Ex parte Blewitt, 11 Phila. 652. See Overseers v. Forest County, 91 P. S. 404. Overseers v. Lawrence County, 3 Penny. 259.

alleged insanity of the party, is that prescribed by the 51st section of the act 13 June 1836 (see tit. "Lunatics and Habitual Drunkards," but it is not error to issue a commission for that purpose. Shenango TownSee infra

(a) See Directors of the Poor v. Montour County, ship v. Wayne Township, 34 P. S. 184. 75 P. S. 35.

78.

(e) The overseers of the poor of the proper district are liable for the maintenance of such persons; and if they have relations liable for their support, the overseers must look to them for reimbursement. Township of Franklin v. Pennsylvania State Lunatic Hospital, 30 P. S. 522. Shenango Township v. Wayne Township, 34 Ibid. 184. Wertz v. Blair County, 66 Ibid. 18. And see infra 81.