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ch. 348, $ 1. Insane paupers with no
person, if any there be, shall be liable for the costs of such examination and removal of such person to the state asylum for the insane and for the expense of his maintenance therein; but if such person have no such estate, and there be no person liable for his maintenance, such costs shall be paid and such expense of maintenance of such person shall be borne by the town in which he has a settlement.
37. The words "insane person" shall be construed to include Ch. 24, $ 6. every idiot, person of unsound mind, lunatic and
distracted person. 38. Every lunatic having no legal settlement in this state Act of 1883, who is supported as a pauper by the state, or by any
town in the state, and who, in the opinion of the Kettlement board of state charities and corrections is insane, asylum." shall be sent by said board to the state almshouse, or to the state asylum for the insane, there to be maintained at the expense of the state. *
39. The said board may receive into said asylum, from any Ibid § 2. town, any person having a legal settlement in such
" town, who, in the opinion of said board, is insane,
upon such terms as may be agreed on by such town and said board. 40. The governor may draw upon the general treasurer an
nually, for a sum not exceeding two thousand dole lars, to be by him appropriated to the maintenance claries in whole or in part of such indigent insane persons being inhabitants of this state, as he may select as state beneficiaries, not more than one hundred dollars to be by him appropriated annually for the support of any one person. 41. The agent of state charities and corrections shall visit
4. all town asylums, and all places in the state where Degernesref atito any insane person is kept, as often as may be neces
ane. sary, to see that no insane person is improperly confined, or not properly cared for, and he may discharge at any time from any institution any insane person who has been committed thereto upon his order.
42. No insane pauper shall hereafter be detained in any Ibid § 6. town asylum, poorhouse, lock-up or bridewell, for
Insane paulpers with legal settlement.
Ibid 6 3. Indigent in sane as state
Ibid & 4. Duties of state agent relative to the insane.
* This act repeals and supplies ch. 75 of R. S. of 1882.
Detention of insane paupers in town asylum regu. lated.
may be re
a longer period than five days, unless in the opinion Detention...? of the agent of state charities and corrections, he is po properly cared for, and the town council of every town shall cause all insane paupers so detained in a town asylum, poorhouse, lock-up or bridewell, to be removed within five days from the date of their commitment, to the state asylum for the insane.
43. In case any town council shall neglect or refuse to cause such insane paupers to be removed within said five Ibid $ 6. days, the agent of state charities and corrections not removing shall cause them to be removed to the state asylum, pers. and the expense of such removal may be recovered from the town so neglecting or refusing, by said agent, in an action of the case in the name of the general treasurer for the use of the state.
44. The board of state charities and corrections are hereby authorized to receive for treatment and care any ibid 8 7. person who shall be an inhabitant of this state, who tients for pay in their opinion is insane, upon such terms for treat- ceived. ** ment and care as may be agreed between said board and some responsible person, upon the written certificate of two practicing physicians, that in their opinion such person is insane; provided, that the sum charged for board, care and treatment of said insane person, shall in no case be fixed at a less sum than the entire cost to the state of the board, care and treatment of such insane person.
45. Whenever, on the trial of any person upon an indictment, the accused shall set up in defense thereto his ch.74 insanity, the jury, if they acquit such person upon persons ac. such ground, shall state that they have so acquitted dictments behim; and if the going at large of the person so acquitted shall be deemed by the court dangerous to the public peace, the court shall certify its opinion to that effect to the governor, who, upon the receipt of such certificate, may make provisions for the maintenance and support of the person so acquitted, and cause such person to be removed to the state asylum for the insane or other institution for the insane, either within or without this state, during the continuance of such insanity, and shall draw his orders on the general treasurer, from time to time, to defray the expenses thereof.
Ch. 74, 8 22. Disposition of
quitted on in
Ibid 6 23. Expenses of support, how collected.
Ibid $ 24. Orexamination of convicts alleged to be insane, idi. otic, etc.
46. The estate of any insane person removed to any insti23. tution for the insane, pursuant to the preceding V section, shall be liable for the expenses of his sup
port and maintenance therein; and the general treasurer, in behalf of the state, may, from time to time, commence and prosecute to final judgment and execution, any proper action, suit or proceeding at law or in equity, against the estate of any such person, for the collection of the same. 47. On petition of the board of state charities and corrections, 24. setting forth that any person convicted of crime and
lon imprisoned for the same in the state prison or in idibe the Providence county jail, or of the clerks of the
supreme court or court of common pleas in the other counties of the state, that any person so convicted and imprisoned in the jails of their respective counties, is insane, idiotic or in such a state of impairment of body or mind or both, as tends directly to insanity, idiocy or dementia or to a permanent incapacity for mental or physical labor, any justice of the supreme court may order such examination of said person as in his discretion he shall deem proper.
48. If upon such examination said justice is satisfied that Ibid § 25. the person thus imprisoned is insane, or in any of such to state the states of mind or body set forth in the preceding the insane. section, he may order the removal of such prisoner from the state prison or any of the jails aforesaid to be detained in the state asylum for the insane, the state almshouse, or in said Butler hospital, as in his judgment he shall deem best.
49. Such order of removal shall be for and during the term Ibid § 26. of said prisoner's sentence, and be directed to the tiine ol." sheriff of the county in which such prisoner stands committed.
50. Upon restoration to reason, or to health, both of body Ibid § 27. and mind, any person removed as aforesaid may, by stored to rea- order of either of the justices of the supreme court in remanded his discretion, be remanded to the place of his original confinement, to serve out the remainder of his term of sentence.
51. All the necessary expenses of the examination aforesaid Ibid & 28. shall be paid by the general treasurer, upon the rechow paid. ommendation of the justice who shall make such examination.
of removal of
Persons restored to reason may be
id 8 36.
52. On the petition of the agent of state charities and corrections, or of the clerk of the supreme court or court Ibid 8 35. of common pleas in any county of the state other tion of perthan the county of Providence, setting forth that any oned and ** person awaiting trial and imprisoned is insane, any sane. justice of the supreme court may make such an examination of said person as in his discretion he shall deem proper.
53. If, upon such examination, said justice is satisfied that the person thus imprisoned is insane or idiotic, he sbia. may order the removal of such prisoner from the Same subject. jail aforesaid to the state asylum for the insane, if he can be there received, if not, to the Butler hospital for the insane.
54. Any person removed as aforesaid, upon restoration to reason, may, by order of any of the justices of the Ibid 5 37. supreme court, in his discretion, be remanded to the stored to reaplace of his original confinement to await his trial remanded. for the offense for which he stands committed.
55. All the necessary expenses of the examination aforesaid shall be paid by the general treasurer upon the Ibid § 38. recommendation of the justice who shall make such examination. examination.
son may be
GOVERNMENT OF ASYLUM.
missioners, investigation of indi1. Regents, appointment, term of office.
18. False statement of indigence by 2. Title, powers and duties of regents. 3. Annual report of regents.
commissioner, penalty for.
19. Private patients exempt from pro4. Property vested in regents.
visions of act. 5. Regents anthorized to close certain streets in city of Columbia.
20. Indigent insane, commitment by
commissioners. 6. Exemption of officers from militia,
21. Insane not to be confined in jail. road and jury service.
22. Jailer to report names of insane. ADMISSION AND DISCHARGE.
23. Order of commitment to be accom
panied by report of county com7. Who may be admitted.
missioners. 8. Non-residents admitted, charges for. | 24. Reports, to whom certified; pro9. Inquisition by judge.
ceedings upon. 10. Dangerous insane, commitment.
25. Dangerous insane consigned to the 11. Ordler for detention necessary.
care of the sheriff. 12. Transient insane, support of.
26. Names of inmates reported to coun13. Security for support.
ty commissioners, proceedings. 14. Discharge on recovery. 15. Imbeciles to be returned to county.
CRIMINAL INSANE. 16. Cruelty to patients, penalties for. 27. Commitment to asylum, liability for 17. Notice of commitment to com- 1 support when not a pauper.
1. The governor shall appoint nine regents of the lunatic
asylum, who shall hold their offices for six years to from the day of appointment, except upon the
occurrence of a vacancy in the regency, when the ent, por governor shall fill the same by an appointment for
the unexpired term only. 2. The said regents, by the name of “The Regents of the $ 1585. Lunatic Asylum of South Carolina," shall form a corporated; body corporate in deed and in law, for all the pur
poses of the said institution, with all the powers incident to corporations; and they shall be, and they are hereby, authorized and empowered to make and establish all rules, regulations, and by-laws for the government of the institution, which, when made, shall be reported to the next legislature for approval or rejection, but, until rejected by the legislature, shall be in force; and to fix the amount of the salary or emoluments of the keeper, officers, or medical attendants; to establish
their powers, etc.