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67. When he becomes sane the sheriff must thereupon without delay, place him in the proper custody until he $522. be brought to trial or judgment, as the case may be, sanity. or be legally discharged.

68. The expenses of keeping the defendant are in the first instance chargeable to the county, but the county $ 523. may recover them from the estate of the defendant, if he have any, or from a relative.

Expenses.

DELAWARE.

EXAMINATION AND CARE OF INSANE. 1. Control of insane vested in chan

cellor; writ and trial. 2. Commitment to Pennsylvania asy.

lum selected by governor; ap

portionment of counties. 3. Annual report of asylums. 4. New Castle asylum when completed

may be selected. 5. Expenses, limit of. 6. Warrant to specify for whose bene

fit it is drawn. 7. Indigent insane becoming entitled

to property liable for support. 8. Transfer of patients to other asy

lums. 9. Reimbursement of expenses to

county. 10. Custody of the insane. 11. Support, counties may contract for.

12. Transfer of indigent insane, con

tracts and expenses. 13. Indigent insane, how discharged

from asylum when cured. 14. Definition of insanity. 15. Suspension of sentence in capital

cases, examined by commission. 16. If insane to be remanded to cus

tody; on recovery sentence to be

pronounced. 17. Commission of lunacy; appoint

ment, compensation. 18. Fees and expenses, how paid. 19. Fact of insanity found in verdict of

acquittal ; commitment, and ex

penses. 20. Discharge of criminal insane in the

discretion of court. 21. Insane convicts removed to alms

house.

of 1852,

1. The court of chancery shall have the care of insane perRevised code sons above the age of twenty-one years, so far as to amended 1874, appoint trustees for such persons, to take charge of tit. 7, ch. 49, P: 240, $1. them and manage their estates. But before such appoint, trus appointment, the chancellor shall issue a writ to Inquisition. inquire by a jury and determine whether the person named is insane.

2. Whenever the relatives or friends of any indigent Act of 1971, lunatic or insane person, a citizen of this state, shall How lunatics apply to the chancellor of this state, either personally od to a Penn or by petition, together with the certificate of two pital practicing physicians of the county wherein such indigent lunatic or insane person shall reside, setting forth the fact of such lunacy or insanity, the cause or causes thereof, if known, and the necessity, in their opinion, of a better and more efficient mode of medical treatment in such case than can be afforded in the county almshouse of the state, the chancellor shall, if satisfied with the proofs offered of such lunacy or insanity, and also of the indigency of the person on whose

may be remov.

sylvania hos.

five from New

Kent or Sus

Ibid $ 5,

by act of 1881, vol.16, ch.378, $1. Governor shall request annual report

behalf the application may be made, recommend, in writing, to the governor, that such indigent lunatic or insane person be removed to such asylum, hospital, or institution for the insane in the state of Pennsylvania as the governor shall hereafter select; provided, that not more than five indi- Not more than gent lunatics or insane persons from the county of Castle county, New Castle, and that not more than five indigent sex. lunatics or insane persons from each of the counties of Kent and Sussex shall be in the said asylum, hospital, or institution at the same time.

3. The governor shall request from the said asylum, hospital or institution, an annual report, with the lbids details, respecting the indigent lunatics or insane as amended, persons from this state, their number, names, residences, condition, mode of treatment respectively, . prospect of cure, benefit or improvement and the fro expenditures in their behalf; and he shall transmit the same to the legislature at its biennial sessions.

4. If, in the opinion of the governor, the insane asylum now in course of erection in New Castle county shall, Act of 1883,. upon its completion and equipment, and when the Governor may occasion arises for the exercise of the power herein completed granted, afford satisfactory facilities for the treat- insane asy. ment of any indigent insane person in behalf of gent insane. whom an application is made, under chapter 57 of vol. 14 of laws of Delaware, and the supplements and amendments thereto, he may select the said insane asylum as the place to which such insane person or persons shall be in lieu of asy. sent, in lieu of an asylụm for the insane in the lum in Pe state of Pennsylvania. In such case all the provisions of the said act, and the supplements and amendments thereto shall be applicable, except such as may be inconsistent with the provisions of this section.

5. The governor is hereby authorized and empowered to draw his warrant on the treasurer of the poor of Act of 1871, the county wherein such indigent lunatics or insane Governor aupersons shall have their residence at the time of draw his wartheir removal to the said asylum, hospital, or insti- treasurer. tution, in favor of the proper authorities of the said asylum, hospital, or institution, for such amount for each indigent

vol. 17,ch,76 $2.

select, when

New Castle

vol.14,ch.57 $2.

thorized to draw his warrant on poor.

Amount drawn
not to exceed
$250 for each
lunatic.

$1250 to be paid by each

Warrant, what

lunatic or insane person as shall be necessary for his or her maintenance and proper medical treatment in the said asylum,

drawn hospital, or institution; provided, that such amount d shall not exceed the sum of two hundred and fifty

dollars annually for each indigent lunatic or insane person so maintained and treated; and that no more than the

re than sum of twelve hundred and fifty dollars shall be

h paid by New Castle county, and that no more than sty. twelve hundred and fifty dollars each shall be paid by Kent and Sussex counties to the said asylum, hospital, or institution in any one year.

6. The governor's warrant shall specify the name and Ibid 4. ... residence of the indigent lunatic or insane person to specify. for whose benefit it shall be drawn, as aforesaid, and the amount paid by its direction, as aforesaid, shall be allowed and credited to the treasurer of the poor in rendering his account to the trustees of the poor of his county, when required by them so to do; and also in his annual settlements with the Warrant shall levy court and with the auditor; and the said warbe a voucher. rant shall be his voucher for the disbursement of the sum therein specified. 7. If, after the removal to and during the residence of

• any indigent lunatic or insane person in the said Chancellor to asylum, hospital, or institution under the provisions

d of this act, he or she shall become entitled to any the property in possession, whether real or personal, by

: descent, gift, grant, or in any other manner whatsoever, the annual income and profits whereof shall be sufficient for his or her individual support, upon proof of such possession being made to the chancellor, he shall appoint a trustee to take charge of and manage the estate of such lunatic or insane Trustees shall person, and the said trustee shall enter into recogrecognizance. nizance with surety, as the chancellor shall require, for the faithful discharge of his duty, and shall furthermore perform the same duties, and be subject to the same responsibilities, as are described and particularized in chapter 49 of the revised statutes of the state of Delaware relating to the

llor care of insane persons above the age of twenty-one 2 years, and the chancellor may, in his discretion, re

quire that the said lunatic or insane person be retained in the said asylum, hospital, or institution at

Ibid 66.

tees to take charge of and manage the estate of lunatics.

enter into

Chancellor may require the lunatic to be retained at his own ex

pense.

Nothing shall

to infringe the

parents of

Nothing con. tained shall be a repeal.

Remedy for

curred for

his own proper cost and expense. Such action in the premises shall create a vacancy in favor of the county from Vacancy. which the said lunatic or insane person was removed; provided, that nothing in this section relating to the Proviso. appointment of a trustee as aforesaid shall be con- be construed strued to supplant, infringe upon or affect the rights rights of the of parents or guardians when any lunatic or in- minors. sane person, becoming entitled to property as aforesaid shall be a minor under the age of twenty-one years.

8. Nothing contained in this act shall be construed a repeal in whole or in part or as in anywise affecting the lbid $ 7 existence of force of section 23, chapter 48 of the mi revised statutes of Delaware concerning the transfer of insane poor to any asylum, hospital or institution for the insane within the United States; but the said section shall be taken to be concurrent and co-existent with this act.

9. If any insane person, supported in the almshouse, or for whom the trustees of the poor shall be at any ex- Ch. 48, $ 22. penses, shall have any real or personal property, the charges in. said trustees may, from time to time, present their the iusane. account and petition for reimbursement to the superior court; and the said court, upon hearing the case Judgment. in a summary way, shall enter judgment for such sum as will reimburse such expenses; which judgment shall, from its date, be a lien, as other judgments of the said court, Execution. and may be executed in the same way, e:ccept that to every writ of fieri facias issued thereon, there shall be a clause for summoning garnishees; and, also, that any real estate Attachment. of such insane person, bound thereby, may, for want of sufficient personal property, be sold without inquisition Sal“. whether the clear yearly rents and profits thereof will be sufficient, in seven years, to pay such judgment; and Title. such sale shall have the same effect as other sales of land on judgment and execution, and shall convey the same title to the purchaser.

If a part only of the real estate, levied on under such judgment, be sold, that fact shall be returned, and other writs of venditioni exponas may be issued for further sale to satisfy that, or any other judgments recovered as aforesaid, as may be necessary.

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