P. L. 451.

of March 1858, or from the common jail of any county in this commonwealth, as 18 April 1864 § 2. provided by the first section of this act, and the term of sentence of such criminal shall expire while he or she is still an inmate of said hospital, the county from Liability of counwhich such insane criminal was committed to said penitentiary, jail or hospital, ties for expenses of shall be liable to pay for the medical attendance, maintenance and clothing of such insane person, for so long as he or she shall remain in said hospital; and in case of his or her death or removal therefrom, the funeral expenses, or expenses of removal, as the case may be.

insane criminals.

Ibid. § 3.

106. In all cases in which, by the act to which this is a supplement, the amount to be charged by the Western Pennsylvania hospital, for indigent insane persons, Cost of clothing. is fixed at two dollars and a half per week, the price so fixed shall not be construed to include the cost of clothing furnished by said hospital to such insane patients, but the said hospital shall be entitled to receive, in addition to said charge, the cost of all clothing so furnished.

Ibid. § 4.

107. All writs issued by the court of common pleas, or district court of Allegheny county, in any suit brought against any county, city or township, by the service of process. said hospital, shall be directed to the sheriff of the county against which such suit is instituted, or to which such city or township belongs, and shall be served or executed by such sheriff, according to the exigency thereof; and such sheriff shall make return thereof, without delay, according to law, to the office of the prothonotary of the court from which the same were issued.

P. L. 513.

27 April 1876 § 1.

108. The governor, judges of the several courts of record of the commonwealth, 8 May 1855 § 11. and the members of the legislature, shall be ex officio visitors of the institution. 109. So long as applications in behalf of indigent insane persons, of any class or condition, are pending for admission to said hospital, no additional paying patients shall be received.

VI. Asylum for chronic insane.

P. L. 48.

110. The governor shall appoint five commissioners, who shall serve without 22 June 1891 § 1. compensation, to select a site and build an asylum for the accommodation of the chronic insane of the state.

P. L. 379.
Commissioners to
select site.
Ibid. § 2.

Duties.

Ibid. § 3.

Quality of land.

111. Said commissioners shall select, within four months of the date of their appointment, a tract of land not less than five hundred acres in extent, so located as to be conveniently accessible from the state hospital for the insane. 112. The tract of land so selected shall be good, arable land, well adapted to the preservation of the health, the occupation and maintenance of the inmates of said asylum, with an adequate supply of good water, and large facilities for drainage from the asylum buildings, and said tract of land so selected, and the cost thereof, Approval of land shall be approved in writing by the governor and the board of public charities selected. before the purchase-money shall be paid, and the deed for the same shall be taken Deed. in the name of the commonwealth, but nothing herein contained shall prevent said commissioners from receiving a deed to the commonwealth in fee for any land donated for the purpose aforesaid.

Ibid. § 4.

113. The plans for said asylum shall be prepared by said commissioners and approved by the board of public charities. The buildings shall be of the best design for the construction of such institution, and without expensive architec- Approval of plans. tural adornments or unduly large or costly administrative accommodations, and Design of buildings. no change shall be made in said plans of construction without the consent of the board of public charities.

114. The said commissioners shall, with the advice and consent of the governor Ibid. § 5. and board of public charities, have power to select a superintendent of construc- Superintendent of tion and fix the salary thereof, and of such other persons as they may think it construction. necessary to employ in order to secure the proper economical construction of Salary. said buildings: Provided, That the total cost of said buildings and grounds shall not exceed the sum of five hundred thousand dollars.

115. To enable the commissioners to purchase the land and to erect said buildings, the sum of five hundred thousand dollars, or so much thereof as may be necessary, is hereby specifically appropriated, to be drawn from the treasury as the same may be required, on warrants drawn by the auditor-general in the usual manner, vouchers or statements to be furnished approved by the secretary of the board of public charities before any warrant is issued.

Ibid. § 6.

Appropriation.

Ibid. § 7.

116. The commissioners, upon acquiring the necessary land, shall, as soon as temporary quarters can be provided, transfer twenty able-bodied, harmless, chronic Temporary insane from each of the hospitals for the insane, to the premises and farm pro- quarters to be vided for said asylum to engage in farm work, grading, macadamizing, excavating provided. for buildings and such other employment as may be required for the reception, care and provision of the subsequent occupants.

117. Said commissioners shall proceed to erect said buildings and complete the same within three years from the passage of this act, and shall make report to the Erection of

Ibid. §

§ 8.

board of public charities of the amount of money expended by them, and of the buildings.
progress made in the erection of the buildings semi-annually at least, and oftener,
if so required by the board.

22 June 1891 § 9. P. L. 379.

of nine trustees. Name.

118. The said commissioners, upon the completion of said asylum, shall surrender their trust to a board of trustees to consist of nine members, who shall Asylum to be sur serve without compensation, and be appointed by the governor, by and with the rendered to board advice and consent of the senate; said trustees shall be a body politic or corporate of the name and style of the State Asylum for the Chronic Insane of Pennsylvania; they shall manage and direct the concerns of the institution and Duty of trustees. make all necessary by-laws and regulations not inconsistent with the constitution and laws of the commonwealth. Of the trustees first appointed three shall serve for one year, three for two years and three for three years, and at the expiration of the respective periods the vacancies shall be filled by the governor, by the appointment, for three years as herein before provided, and should any vacancy occur by death or resignation or otherwise of any trustee, such vacancy shall be filled by appointment as aforesaid for the unexpired term of such manager.

Term.

Vacancy.

Ibid. § 10. Purposes of asylum.

Ibid. § 11. Transfer from state hospitals.

Ibid. § 12.

Board of public charities may transfer.

Ibid. § 13. Superintendent.

Assistants.

Ibid.

Steward.

Salaries.

Ibid.

Ibid. § 14.

Trustees to furnish and equip work-shops.

Ibid. § 15. Cost of maintenance.

119. That this asylum shall be entirely and specially devoted to the reception, detention, care and treatment of the chronic insane; and the term "chronic insane,” as used in this act, shall not apply to any person who has been insane for a period less than one year.

120. That no insane person shall be received, cared for or detained in said asylum, except such as shall be transferred from the state hospitals and from the almshouses and poor-houses of the several counties and townships of the state, which transfers shall be made only under authority and by permission of the board of public charities; and that the rights which now reside in the courts of this commonwealth as to the commitment of the insane to state hospitals, almshouses and poor-houses, shall not apply to the asylum herein named and established.

121. The board of public charities shall have power and authority to transfer such chronic insane from said state hospitals, almshouses and poor-houses in the counties and townships aforesaid, to said asylum, or may return said chronic insane to said state hospitals, almshouses and poor-houses when they may deem necessary and proper, without an order from the court under whose authority and direction the said insane persons have been committed to said state hospitals, almshouses and poor-houses.

122. The said board of trustees shall appoint a competent and skilful physician who shall be superintendent, and shall have charge, supervision and direction of the asylum, both professional and otherwise; he shall nominate for appointment such and so many assistants, attendants and employés as may be considered necessary by said board of trustees, and in the absence or disability of the said superintendent, the next assistant medical officer in rank shall perform the duties thereof.

123. The said superintendent, with the approval of the trustees, shall appoint a steward who shall have charge, under the direction of said superintendent, of the employment of the inmates of said asylum and the purchase, production and distribution of all supplies under such rules and regulations as may be established by said trustees.

124. The salaries of the superintendents, assistants, employés and attendants of the asylum shall be fixed by the said board of trustees.

125. As soon as practicable after the establishment of said asylum, the board of trustees shall furnish and equip suitable work-shops for the employment of such insane patients confined in said asylum as shall be assigned for labor therein by said superintendent, and shall also employ such other patients as may be assigned by said superintendent in farm or ward work or other useful labor. Said trustees shall cause to be employed skilful foremen and forewomen to secure the safe and economical employment of the largest possible number of the asylum, for the purpose of enabling said inmates to contribute, to the extent of their ability, to the cost of their maintenance.

126. The cost of the care and detention of the said chronic insane in said asylum shall not exceed the sum of two dollars and fifty cents per week for each patient, including clothing; one dollar thereof to be chargeable upon and paid by the several counties and poor districts from which the said insane are received; but the state shall not be required to pay more than the remainder of the actual cost of maintenance in said institution after said payment by said counties, and should any surplus remain annually, after the cost of maintaining said patients as aforesaid has been ascertained, the same shall be returned to the commonwealth. 127. The said trustees shall make, under oath, by their president or treasurer, a quarterly report to the auditor-general of the state and to the board of public Quarterly reports. charities, containing an itemized statement of the expenses of the institution during the previous quarter, and unless such itemized report is made and ap proved by the board of public charities, auditor-general and state treasurer, the state treasurer is hereby directed not to pay any more money to said institution until such report is made and approved as aforesaid.

Ibid. § 16.

Ibid. § 17.

Ex officio visitors.

128. The governor, judges of the several courts of record of the commonwealth, members of the legislature and the members of the board of public charities shall be ex officio visitors of said asylum.(n)

(n) See the act 2 June 1893, P. L. 270, supra 55–58.

LUNATICS AND HABITUAL DRUNKARDS.

See LUNATIC ASYLUMS.

IV. POWERS AND DUTIES OF THE COMMITTEE. insane, upon arraignment.

41. Proceedings where estate is situate in another drunkards. county.

13 June 1836 § 1. P. L. 592.

I. Of the commission and inquisition.

1. It shall be lawful for any court of common pleas of this commonwealth to issue a commission, in the nature of a writ de lunatico inquirendo, as heretofore Jurisdiction of the practised and allowed, (o) to inquire into the lunacy (p) or habitual drunkenness (q) of any person being within this commonwealth, or having real or personal estate therein.

courts.

Ibid. § 2. How exercised. Where lunatic is a resident of the commonwealth.

Where he is a nonresident.

Where an inhabitant, but absent from the state.

Ibid. § 3. Form of commission.

Ibid. § 4.

2. The jurisdiction aforesaid shall be exercised as follows, viz.:

I. If any person alleged to be a lunatic or habitual drunkard shall reside within the commonwealth, such commission shall be issued by the court of the county in which he shall reside, and shall be executed therein: Provided, That if an alleged lunatic shall be under restraint, (r) in any place within this commonwealth, out of the county of his residence, and it shall be made to appear, to the satisfaction of the court of such county, that such person cannot conveniently be removed to the place of his residence, such commission may be executed in the county where such person may be so restrained.

II. If such alleged lunatic or habitual drunkard shall not have any residence within this commonwealth, such commission may be issued by the court of the county in which he may be, and shall be executed therein.

III. If any inhabitant of this commonwealth shall be absent therefrom, such commission may be issued by the court of the county in which his last place of residence was, or in which he may have any real estate, and shall be executed therein.

3. The commission aforesaid shall be made according to the following form, viz.:

court

that

greeting: Whereas, we have been of the county of now is a

The Commonwealth of Pennsylvania, to
informed in our
lunatic [or habitual drunkard, as the case may be], and we, being willing to be more
fully satisfied of the state of the said in the premises, have appointed, and do

hereby appoint, authorize and command you [or any two of you, if the commission be
directed to three or more], that at such certain day and place as you [or any two of
you] shall think fit, you diligently inquire, by the oaths or affirmations of six good and
lawful men of the county of by whom the truth of the matter may be better
known, whether the said is a lunatic(s) [or habitual drunkard, as the case
may be] or not; and if you find him to be a lunatic, then how long he hath been so,
and if he enjoys lucid intervals; and what lands and tenements, goods and chattels he
was seised or possessed of, or entitled to, at the time of his becoming a lunatic, and the
value thereof; and whether he hath since aliened or disposed of them or any part thereof,
and to whom [or in the case of an alleged habitual drunkard, if you find him to
be so, what lands and tenements, goods and chattels he is seised or possessed of, and
how much the said lands and tenements are worth by the year, and what is the value of
the same goods and chattels,] and how old he is, and who are his heirs or next of kin,
and the ages of the said heirs or next of kin, respectively.(t) And for the purpose afore-
said, we do authorize and empower you [or any two of you] to issue, under your hand
and seal [or the hands and seals of any two of you], all such writs of venire, sub-
pœna, (u) and habeas corpus as to you [or any two of you] shall seem necessary and
proper, and to enforce obedience to the same, and to all necessary orders and rules in the
premises, as fully as our said court may lawfully do; and the inquisition so to be
made you are to return to our said court, on or before the
of next, (v)
under your hand and seal [or the hands and seals of any two of you] and the hands
and seals of those by whom you shall make that inquisition, and this commission.(w)
Witness,
president, [or as the case may be], of our said court, at
A.D. 18—

day of

Prothonotary.

the

4. Provided, That no commission shall be issued for any purpose as aforesaid,

(0) The petition should be supported by affidavit. Ex parte Lincoln, 1 Brewst. 392.

(p) See infra 14, for the meaning of the word "lunatic" in this act. And see Commonwealth v. Haskell, 2 Brewst. 492.

(q) Occasional acts of drunkenness will not constitute a person an habitual drunkard; there must be a fixed habit of drunkenness. Ludwick v. Commonwealth, 18 P. S. 172. See Commonwealth v. McGinnis,

3 Pitts. 445.

(2) It is not a violation of the bill of rights to restrain an insane person of his liberty, without oath or affirmation. Hinchman v. Richie, Bright. 143.

(8) A finding that the party, "by reason of old age and long-continued sickness, has become so far deprived of reason and understanding, as to be wholly unfit to manage his estate," is not a sufficient finding that he is non compos mentis. Ex parte Beaumont, 1

Wh. 52. Gaul's Estate, 7 W. N. C. 522. See McElroy's
Case, 6 W. & S. 451. Commonwealth v. Schneider, 59
P. S. 328.

(t) In the case of an habitual drunkard, the jury are not required to find how long he hath been so. Haviland's Case, 1 W. N. C. 345.

(u) The refusal of the commissioners, on the application of the alleged lunatic, to issue subpoenas for witnesses, and to compel their attendance, is fatal to the proceedings. Ex parte Plank, 5 Clark 35. The alleged lunatic has all the rights of a defendant. Ez parte Lincoln, 1 Brewst. 392.

(v) The commission should specify a return-day. Ex parte Plank, 5 Clark 35. Ex parte Lincoln, 1 Brewst. 392.

(w) The inquest must be returned under the hands and seals of at least six of the jurors. Commonwealth v. Roberts, 1 Chest. Co. R. 24.

18 June 1836 § 4.

P. L. 592.

To issue on appli

except upon the application(x) in writing of a relation by blood or marriage, (y) of the person therein named, or of a person interested in his estate; nor unless such application be accompanied by affidavits of the truth of the facts therein stated. cation of a relative 5. When an alleged lunatic or habitual drunkard has no relative by blood or or person intermarriage residing within this commonwealth, it shall be lawful for any disinterested, and on oath. ested person of the same township, ward or borough of the county in which such 15 April 151 § 7. supposed lunatic or habitual drunkard resides, to make application to the court of common pleas of said county in writing, for a commission to issue to inquire into Where alleged the lunacy or drunkenness of such person, as is now provided by law when the relative within the application is made by a relation by blood or marriage of such supposed lunatic state. or habitual drunkard, or by a person interested in his estate.

P. L. 714.

lunatic has no

P. L. 594.

6. It shall be lawful for the court to cause any such commission as aforesaid, to 18 June 1836 § 5. be directed or addressed to any one or more person or persons, who shall have the same powers heretofore possessed by the three, or more, commissioners in such Number of comcommission named; and the inquisition made thereon by such one or more com- missioners. missioners, shall be good and valid, to all intents and purposes, as if such commission had been directed or addressed to, and the inquisition returned by three or more commissioners, as heretofore.

7. It shall be the duty of the court, at the time of granting any application as Ibid. § 6. aforesaid, to make such order respecting notice(z) of the execution of the com- Court to make mission to the party, (a) with respect to whom such commission shall be issued, or order respecting to some of his near relations or friends, who are not concerned in the application, notice. as the said court shall deem advisable.(b)

Ibid. § 7.

8. It shall be lawful for the commissioner or commissioners as aforesaid, in their venire to the sheriff, to require him to summon such number of persons, not less Venire, and numthan six, nor more than twelve, upon the inquest, as the circumstances of the case ber of jurors. may seem to them to require.

Ibid. § 8.

9. It shall be lawful for any court of common pleas, if they shall be satisfied, upon such application, that the party with respect to whom the proceedings are When inquisition instituted, has no estate, or that his estate is so small, that the costs of the inquisi- to be held by one tion will be found an undue burden, to direct an inquest to be impannelled, from of the judges, &c. the jurors attending the court, and that the inquisition be held by one of the judges of the court, at such convenient time and place as shall be ordered by the said court; and the inquisition so made, shall have the like force and effect as an inquisition held by commissioners as aforesaid.

Ibid. § 9.

Of the costs of un

10. If upon such inquisition, it shall be found that the party with respect to whom the application was made is not a lunatic or habitual drunkard, and it shall appear to the judge holding such inquisition, that there was not probable cause founded applicafor such application, he shall certify the same on such inquisition; and thereupon, tion. the party by whom such application was made, shall be liable for the costs of the proceeding, in like manner as prosecutors in criminal cases, when directed by the jury to pay the costs of prosecution. (c)

11. Every commissioner shall be entitled to receive such reasonable sum for his services, as the court shall allow and direct.

Ibid. § 10. Compensation. Ibid. § 11.

12. Every person impannelled upon an inquest held by commissioners as aforesaid, shall be entitled to receive seventy-five cents for his services, and if not com- Fees of jurors. pleted in one day, he may receive one dollar for each day he shall be employed thereon; (d) and the sheriff shall be allowed the same fees as are provided for in And of sheriffs. the general fee-bill, for holding inquisitions on real estate.

P. L. 663.

13. It shall be the duty of the court of common pleas out of which any com- 16 April 1849 § 2. mission, in the nature of a writ de lunatico inquirendo, to inquire into the lunacy

or habitual drunkenness of any person within this commonwealth, shall hereafter Court to make deissue, to decide and direct who shall pay all costs attendant upon the issuing and cree as to the costs. execution of said commission, or to apportion said costs and the payment of them among the parties interested, in such proportions as the justice of the case may require, and to order and decree payment accordingly; (e) the witnesses before any Fees of witnesses. commissioner in such case shall be allowed the same fees and mileage as if attending as witnesses in said court.

() Where the inquisition and proceedings are set aside, a second commission cannot be issued on the original petition. Hinchman v. Richie, Bright. 142, 182.

(y) The proceedings may be instituted by a wife or child. Ex parte Smith, 17 L. I. 332.

(z) It is the duty of the court to make such order; and if none be made, an omission to give notice is not to be imputed as a fault to the person suing out the commission. Hinchman v. Richie, Bright. 144. In a collateral proceeding, notice will be presumed to have been given. Willis v. Willis's Administrator,

12 P. S. 159.

(a) The party has a right to be present at the execution of the commission. Hinchman v. Richie, Bright. 181. Er parte Lincoln, 1 Brewst. 392. E parte Russell, 1 Barb. Ch. 38.

(b) Such relations or friends as counsel a finding against the alleged lunatic, are excluded from the list of persons competent to receive notice of the execution of the commission. Hinchman v. Richie, Bright. 144.

(c) See Ex parte Birth, 1 Kulp 101.

(d) See Commonwealth v. Henderson, 2 Del. Co. 446. (e) This includes all the costs until final judgment. Hassenplug's Appeal, 106 P. S. 527. The costs may be directed to be paid out of the alleged lunatic's estate, before final decree, where there is no certificate of the absence of probable cause. Clark's Case, 22 P. S. 466. And see Ex parte Russell, 1 C. P. Rep. 34. An action will not lie against the committee, by the attorney who conducted the proceedings, for his professional services; but the estate is liable therefor, in his hands. Wier v. Myers, 34 P. S. 377.