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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 every idiot, person of unsound mind, lunatic and distracted person.

Ch. 24, § 6.
Insane per-

son."

Act of 1883,

ch. 348, § 1. Insane paupers with no settlement

38. Every lunatic having no legal settlement in this state who is supported as a pauper by the state, or by any town in the state, and who, in the opinion of the board of state charities and corrections is insane, 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.*

committed to asylum.

Ibid § 2.

39. The said board may receive into said asylum, from any 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.

Insane paupers with legal settle

ment.

Ibid § 3.

Indigent in

beneficiaries.

40. The governor may draw upon the general treasurer annually, for a sum not exceeding two thousand dolsane as state lars, to be by him appropriated to the maintenance 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.

Ibid § 4. Duties of state agent relative to the insane.

41. The agent of state charities and corrections shall visit all town asylums, and all places in the state where any insane person is kept, as often as may be necessary, 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 town asylum, poorhouse, lock-up or bridewell, for

Ibid § 5.

* This act repeals and supplies ch. 75 of R. S. of 1882.

Detention of

sane pau pers in town

asylum regulated.

a longer period than five days, unless in the opinion of the agent of state charities and corrections, he is 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.

bid $ 6. not removing

Penalty for insane pau

43. In case any town council shall neglect or refuse to cause such insane paupers to be removed within said five days, the agent of state charities and corrections 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.

bid § 7. tients for pay ceived.

Insane pa

may be re

44. The board of state charities and corrections are hereby authorized to receive for treatment and care any person who shall be an inhabitant of this state, who in their opinion is insane, upon such terms for treatment 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.

Ch. 74, § 22.
Disposition of

persons ac-
dise

dictments because insane.

45. Whenever, on the trial of any person upon an indictment, the accused shall set up in defense thereto his insanity, the jury, if they acquit such person upon such ground, shall state that they have so acquitted him; 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.

Ibid § 23.
Expenses of

collected.

46. The estate of any insane person removed to any institution for the insane, pursuant to the preceding Support, how section, shall be liable for the expenses of his support 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, setting forth that any person convicted of crime and imprisoned for the same in the state prison or in alleged to be 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.

Ibid § 24.
Of examination
of convicts

insane, idi

otic, etc.

Ibid § 25.

Of removal of such to state asylum for

the insane.

48. If upon such examination said justice is satisfied that the person thus imprisoned is insane, or in any of the states of mind or body set forth in the preceding 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 of said prisoner's sentence, and be directed to the sheriff of the county in which such prisoner stands

Ibid § 26. Removal, time of.

committed.

Ibid § 27.
Persons re-

50. Upon restoration to reason, or to health, both of body and mind, any person removed as aforesaid may, by stored to rea order of either of the justices of the supreme court in his discretion, be remanded to the place of his original confinement, to serve out the remainder of his term of sentence.

son may be

remanded.

51. All the necessary expenses of the examination aforesaid shall be paid by the general treasurer, upon the recommendation of the justice who shall make such

Ibid § 28. Expenses, how paid.

examination.

Ibid § 35. tion of peroned and

Of examina

sons impris

52. On the petition of the agent of state charities and corrections, or of the clerk of the supreme court or court of common pleas in any county of the state other than the county of Providence, setting forth that any person awaiting trial and imprisoned is insane, any justice of the supreme court may make such an examination. of said person as in his discretion he shall deem proper.

deemed in

sane.

53. If, upon such examination, said justice is satisfied that the person thus imprisoned is insane or idiotic, he Ibid § 36. 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.

bid § 37. stored to rea

Persons re

54. Any person removed as aforesaid, upon restoration to reason, may, by order of any of the justices of the supreme court, in his discretion, be remanded to the place of his original confinement to await his trial for the offense for which he stands committed.

son may be

remanded.

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.

Expenses of

SOUTH CAROLINA.

GOVERNMENT OF ASYLUM.

1. Regents, appointment, term of office.
2. Title, powers and duties of regents.
3. Annual report of regents.
4. Property vested in regents.
5. Regents authorized to close certain
streets in city of Columbia.

6. Exemption of officers from militia,
road and jury service.

ADMISSION AND DISCHARGE.

7. Who may be admitted.

8. Non-residents admitted, charges for.
9. Inquisition by judge.

10. Dangerous insane, commitment.
11. Order for detention necessary.
12. Transient insane, support of.
13. Security for support.

14. Discharge on recovery.

15. Imbeciles to be returned to county. 16. Cruelty to patients, penalties for. 17. Notice of commitment to

§ 1584. Governor to appoint nine

com

[blocks in formation]

1. The governor shall appoint nine regents of the lunatic General Stat asylum, who shall hold their offices for six years from the day of appointment, except upon the Occurrence of a vacancy in the regency, when the pointment, for governor shall fill the same by an appointment for the unexpired term only.

regents; term

of office; ap

unexpired

term.

$ 1585. Regents in

their powers,

etc.

2. The said regents, by the name of "The Regents of the Lunatic Asylum of South Carolina," shall form a corporated: body corporate in deed and in law, for all the purposes 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

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