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agency of the
13. The hospital for the insane, which was heretofore located and built on its present site, at or near Catonsville, Ibia § 13. in Baltimore county, in this state, by and under the be a public authority of the laws of this state, and which is now state.' under the general direction and control of the managers of the Maryland hospital for the insane, is hereby declared to have been built and established on its said site by the authority and direction of this state. The board of managers of the Maryland hospital for the insane are a body politic and corporate, by the name of the Board of Managers of the Maryland Hospital for the Insane, and shall by that name have perpetual succession, may sue and be sued in any court of this state, and may have and use a common seal, and, may, at their pleasure, alter, and change the same. The said corporation shall have and exercise all the rights and powers heretofore vested in the board of managers of the Maryland hospital for the insane. The said board of managers of the Maryland hospital for the insane, as such corporation, is hereby declared to be a public agency of this state for the administration of one of the charities thereof; and the hospital aforesaid, located as aforesaid, is hereby declared to be one of the means adopted by this state for the administration of one of its public charities.
14. When any person is alleged to be a lunatic or insane pauper, the circuit court for the county in which Art. 53. $ 2. such person may reside, or the criminal court of sane pauper. Baltimore, if such person resides in the city of Baltimore, shall cause a jury of twelve good and lawful men to be Inquisition of impaneled forth with, and shall charge the said jury jury." to inquire whether such person is insane or lunatic, and if found so, it shall be the duty of the court to cause such person to be sent to the almshouse of the county or city to which he belongs, or to an hospital, or to some other place better suited in the judgment of the court to his condition, there to be confined at the expense of the county or city until he shall have recovered and been discharged in due course of law. Not to Nothing contained in this section shall prevent the up friends or relations of such lunatic or insane person from confining him, or providing for his comfort.
15. The county commissioners of any county may in their discretion remove from the almshouse any lunatic o
vent friends of same from confining or providing for
Ibid $ 3. County com
may send to
Who to be
missioners. pauper therein, and cause said lunatic pauper to be hospital. sent to the Maryland hospital for the insane, and shall levy on the county such sums as will defray the expenses Expenses. incident to the removal of such lunatic, and the expenses that may be incurred during his stay in said hospital, said expenses in said hospital in no case to exceed the sum of one hundred and fifty dollars per annum. This section to apply only in case where the quota allowed any such county under article 26 of this code is filled.
16. No person shall be deemed a lunatic pauper under the Ibia 84. preceding two sections who shall possess in his own deemed nepau- right any property, real or personal, or be entitled per lunatic. to the use of any property by last will and testament, or deed of trust for his use or benefit; nor shall the child of any person whose property is actually assessed to one thousand dollars who may be afflicted with lunacy, and whose usual place of abode has been with his parents, be entitled to the benefit of the preceding section.
17. If any insane or lunatic person mentioned in the three Ibid § 10. last preceding sections, shall be possessed of real disposed of." and personal property the annual profit or rent of which shall be adequate to his reasonable support in any hospital or asylum for the reception of insane or lunatic persons, the court or judge shall appoint a trustee for the estate of said lunatic or insane person, and shall require the said trustee to give bond to the state of Maryland, in such penalty and with such security as the court or judge shall approve, with condition that he will cause the said lunatic or insane person to be confined and supported in some hospital or insane asylum until such person shall have recovered his reason, and that he will faithfully administer and fully account for all such estate, income, and effects of said lunatic or insane person as shall come to his possession or be under his care or direction. 18. The trustees of the poor of the several counties and the
city of Baltimore shall receive all persons committed
to their respective almshouses under this article, rennatics. lating to lunatics and insane, and shall provide for their accommodation and support, and the expenses thereof shall be levied upon the counties and the said city respectively.
19. Upon the recommendation of the board of directors of
Ibid $ 11 Trustees of the poor to receive Innatic
Art. 6. $ 8.
Jury inay find
Ibid $ 6.
the Maryland penitentiary, the governor may re- A move any insane or lunatic convict confined in the racis penitentiary, and provide for the support, care and ler. safe keeping of such convict in the Maryland hospital for the insane, or any other state institution for the insane, and the expense thus incurred shall be defrayed by the board of directors of the penitentiary, out of the funds arising from or appropriated for that institution.
20. When any person indicted for a crime or misdemeanor shall allege insanity or lunacy in his defense, the Art. 53, $ 5. jury impaneled to try such person shall find by persons in. their verdict whether such person was at the time lunatic. of the commission of the offense, or still is, insane, lunatic, or otherwise.
21. If the jury find by their verdict that such person was at the time of committing the offense, and then is, ibi insane or lunatic, the court before which such trial de was had shall cause such person to be sent to the so fo almshouse of the county or city to which such person belonged at the time of the commission of such act, or to an hospital, or some other place better suited in the judgment of the court to the condition of such prisoner, there to be confined until he shall have recovered his reason, and be discharged by due course of law.
22. Where any person arrested for improper or disorderly conduct, or charged with any crime, offense, or Ibid $ 7. misdemeanor, against whom no indictinent has in been found, shall appear to the court, or be alleged porno to be a lunatic or insane, the court shall cause a is insane or jury of twelve good and lawful men to be im- fun paneled forthwith, and shall charge said jury to inquire whether such person was at the time of the commission of the act complained of insane or lunatic, and still is so; and if such jury shall find that such person was at the time of the commission of such act insane or lunatic, and still is so, the court shall direct such person to be confined as directed in the preceding section, at the expense of the county or city, as the case may be, until he shall have recovered and been discharged by due course of law.
23. If, during the recess of the circuit court for any county,
Inquisition to inquire whether person arrested
Ibid S s.
cuit court of
inal court of
or the criminal court of Baltimore, any person aping recess of cir- pearing or alleged to be insane or lunatic shall be county, or crim- arrested and charged with any crime or misdeBaltimore. meanor before the judge thereof, the said judge shall issue an order to the sheriff of the county or city where said offense has been committed, requiring him forthwith to summon a jury of twelve good and lawful men, and to charge such jury to inquire whether such person was lunatic or insane at the time such offense was committed, and then is so; and if the jury find that the party charged was insane or lunatic at the time of the commission of the offense, and still is so, the judge shall commit such person, as directed in the preceding section.
24. The provisions of the preceding sections relating to Ibid $ 9... lunatics and insane shall apply to the case of any failing to give person who may be arrested on any process issued keep the peace. by any court or judge of this state, founded on oath, requiring security to keep the peace, and who shall fail to give such security.
STATE BOARD OF HEALTH, LUNACY | 26. Superintendent and matron of, to
be appointed in county of Essex.
27. Commitment to county receptacle 1. Organization of board, term of office.
in discretion of judge. 2. To have supervision over asylums,
28. Support in county receptacle, promay assume control of.
visions for. 3. To appoint officers, hold meetings,
29. Transfer to asylum, by governor. make by-laws; reports. 4. To visit and inspect public and
30. Discharge in discretion of judge.
31. Paupers not to be kept in county private asylums.
buildings. 5. To require inventories from trustees.
32. Private asylums, licenses for. 6. To have control over insane pau
33. Penalties for keeping private asypers. 7. To transfer paupers from one asy
lum without license. lum to another.
ADMISSION AND DISCHARGE. 8. To transfer paupers from almshouse | 34. Commitment to asylum by judges. to asylum; physician's certificate;
35. Certificate, personal examination to transfer from one private asy
by judge, hearing. lum to another.
36 Certiticate, personal examination by 9. Reports of private asylums.
physicians. 10. Reports, when to be submitted. 37. Notice of intention to apply for 11. To act as commissioners of lunacy.
38. Statement to be filed, contents of. GOVERNMENT OF ASYLUMS.
39. Warrant of arrest, service of. 12. Title of asylums.
40. Trial by jury in discretion of judge. 13. Property of asylums not to be con 41. Impaneling of jury.
demned without authority of leg 42. Verdict of jury to be final.
43. Deficiency in jury, how supplied. 14. Government vested in board of 44. Fees of officers and jurors. trustees, term of office.
45. Records and papers to be kept. 15. Corporate powers granted.
46. Fees of judge and physician. 16. Control of asylums vested in trus 47. Expenses of commitment. tees.
48. Transfer of patients from almshouse. 17. By-laws and regulations; superin 49. Temporary confinement, on physident, appointment, qualifica
cian's certificate and application tions; treasurer, bond; employes. of town officers. 18. Salaries paid quarterly.
50. Bund of person committing. 19. Semi-annual inspection, report of, 51. Voluntary patients received.
statistics; treasurer's reports. 52. Notice to board of charity when 20. Accounts of treasurer to be open
committed otherwise than by orfor inspection.
der of court. 21. State legal officers to be advisors. 53. Illegal commitment, penalties. 22. Exemption from militia duty. 54. Support of indigent insane, charges. 23. Exemption from jury duty.
55. Support of insane not having set24. Government of temporary asylum
tlement in state, liability for. for chronic insane, vested in trus 56. Support, expenses of, how recovered tees of Worcester asylum.
by asylum. CONFINEMENT IN JAILS AND PRIVATE
57. Reimbursement of towns.
58. Attorney for insane person, regulaASYLUMS.
tions for visits of. 25. House of correction, apartments for 59. Letters of patients allowed, collecharmless insane.
tion of by board of charities.