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46. The estate of any insane person removed to any insti tution for the insane, pursuant to the preceding of his sup

Ibid § 23.
Expenses of

expenses

support, how section, shall be liable for the collected. 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, setting forth that any person convicted of crime and imprisoned for the same in the state prison or in 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
alleged to be
insane, idi-
otic, etc.

Of removal of

asylum for

the insane.

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 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.

50. Upon restoration to reason, or to health, both of body and mind, any person removed as aforesaid may, by 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

Ibid § 27. Persons restored to reason may be remanded.

sentence.

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

deemed in

sane.

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

Ibid § 36.

Ibid § 37. stored to rearemanded.

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

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 com-

utes of 1882,

§ 1584. Governor to appoint nine

[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.

§ 1383. Regents incorporated; their powers,

etc.

2. The said regents, by the name of "The Regents of the Lunatic Asylum of South Carolina," shall form a 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

rules of ad

the rates of admission, maintenance, and medical To establish attendance of all the subjects of the said institution, mission. providing such rates as shall support the institution without any charge on the treasury of the state.

1597.

Regents to

report to

3. The regents shall report annually to the legislature the state and condition of the institution, fully and particularly; and they shall also annually report to the comptroller-general the amount of income of said institution, and the amount of expenditures, and the items thereof.

the legisla

ture.

§ 1598.

regents of

4. The lot upon which the lunatic asylum stands, containing four acres, butting and bounding on Upper Boundary, Bull, Pickens, and Sumpter streets, is vested Lot vested in in the board of regents of said asylum, and their asylum. successors in office, for the uses and purposes of the asylum. 5. The board of regents of the lunatic asylum are authorized to close up and use, for the purpose of said asylum, so much of Pickens street, in the city of Columbia, certain as lies between Lumber and Upper streets of said city, to retain such portion of Upper street as they have already enclosed, and also to close that part of Upper street, in the plan of the said city, lying between Henderson and Barnwell streets, and adjacent to the asylum grounds.

$1600.

§ 1599.
May close up

streets.

6. All guards, keepers, employes, and other officers employed at the lunatic asylum, shall be exempted from serving on juries, and from all military, road, or street duty.

Employes and offi

cers, etc., exempted

from military and other duties.

7. It shall be the duty of the regency to admit as subjects of the institution all idiots, lunatics and epileptics, § 1586. being citizens of this state, according to the follow- Who to be ading regulations, and subject to the following condi- asylum. tions, that is to say:

mitted to

idiots, etc., by

etc.

(1) All persons who shall be found idiots, or lunatics, by inquisition from the probate or circuit courts, or on 1. Those found trials in the circuit where the court shall order inquisition, such admission. (2) Where it shall be requested under the hands of the husband or wife, or (where there is no husband or 2. Where requested wife,) of the next of kin of idiot or lunatic.

by husband or wife,

etc.

(3) All persons who shall be declared lunatics, idiots, or epi

3. Those so

declared after

leptics, after due examination by one trial justice examination. and two licensed practicing physicians of the state. Where the subject is a pauper, the admission shall be at the request of the county commissioners of the county wherein such pauper has a legal settlement; otherwise, the admission shall be at the request of the husband or wife, or, where there is no husband or wife, of the next of kin of the idiot, lunatic, or epileptic.

§ 1587. Idiots from

other states

to be admitted

§ 1588.

Judges may

tions.

8. All idiots and lunatics from any of our sister states shall be admitted on such evidence of their lunacy or idiocy as the regents regard sufficient; but no forat usual rates. eign lunatic or idiot shall be admitted or kept in the institution to the exclusion of subjects being citizens of this state, and they shall pay the same rates as citizen subjects. 9. Whenever a judge of probate, or judge of the circuit court, shall direct an order to any trial justice to direct inquisi- inquire as to the idiocy, lunacy, or epilepsy of any person, or when information, on oath, shall be given to any trial justice, that a person is an idiot, lunatic, or epileptic, and is chargeable for his support on the county, it shall be the duty of such trial justice forthwith to call to his assistance two licensed practicing physicians, and examine such person, and the evidence of his or her idiocy, lunacy or epilepsy; and if, after full examination, they shall find such person an idiot, lunatic, or epileptic, they shall certify to the said judge or to the board of county commissioners, whether, in their opinion, such person is curable or incurable, and whether his enlargement would be harmless or dangerous or annoying to the community; and thereupon the judge or the board of county commissioners, in his or its discretion, may turn thereof. make an order that the said person shall be sent to the lunatic asylum.

Order to be made on re

$ 1590.
Judge of pro-

mit lunatics,

10. The judge of the probate court may commit to the lunatic asylum any idiot, lunatic, or person non bate may com- compos mentis, who, in his opinion, is so furiously mad as to render it manifestly dangerous to the peace and safety of the community that he or she should be at large; and also, in all such other cases provided by law. In all cases the judge shall certify in what place the said person or persons resided at the time of the commitment,

etc., to asylum.

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