physician and urer on the warrant of the secretary of state, out of the fund appropriated for such purpose, but shall never exceed three dollars per day to the person appointed and his actual reasonable and necessary expenses, together with two dollars and a half per day for the necessary attendants, certified to by the secretary of state, in conveying to and returning from the asylum, on the most usual and direct routes, with the celerity of Compensation ordinary travel on those routes. Such physicians for examining shall receive five dollars each for each examination, attorney, etc. and the prosecuting attorney or his deputy, or the attorney called by the court in case of their absence or inability to act, shall receive five dollars for such examination, and the prosecuting attorney shall, for the other services required of him by this act, receive like compensation as now provided. by law for similar services. Witnesses shall receive the same compensation as in civil cases. The costs of examination and committal shall be paid by the county in which the examination is made, to be repaid to the county as hereinafter provided. Upon presentation to the secretary of state of a certificate of the county judge, showing that a person has been designated by him to convey an insane or idiotic person to the asylum, and of a certificate from the superintendent of the asylum showing that such person has been conveyed to the asylum and received by the contractor or contractors, and an itemized account verified by the oath of the person so designated, to the effect that the same is just and correct, and that the number of days charged in said account has been necessarily consumed in conveying such person to the asylum, and that the expenses charged have been necessarily incurred, the secretary of state shall audit said account according to the provisions of this act, and draw his warrant upon the treasurer for the amount found due, and the state treasurer shall pay the same out of the fund appropriated for that purpose. Costs of committal, how paid. Act of Sept. 27, 1862, § 7. sanity in rela 11. Whenever any convict, confined in the state prison, shall, in the opinion of the physician of the prison, be inInquiry of in- sane or idiotic, the physician shall make oath to the tion to con- same, before the county judge of the county in which the said prison is located; and said judge shall summon one or more competent physicians, to examine the alleged case of insanity or idiocy, and if, in their opinion, the said con vict. vict is of unsound mind, the judge shall send the statement of said physician, with his own opinion, to the governor, who is hereby authorized, at his discretion, to remove or cause to be removed said convict to the place provided for the insane and idiotic. Act of Oct. 19, 1864. $ 170. Proceeding, when defend 12. If the defense be the insanity of the defendant, the jury must be instructed, if they find him not guilty on that ground, to state that fact in their verdict, and the court must thereupon, if it deems his being at ant acquitted large dangerous to the public peace or safety, order of insanity. him to be commmitted to any lunatic asylum, authorized by the state to receive and keep such persons, until he become sane, or be otherwise discharged therefrom by authority of law. 13. When the commission of the act charged as a crime is proven, and the defense sought to be established is bid § 204. the insanity of the defendant, the same must be be proven. proven beyond a reasonable doubt; and no act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition; but whenever the actual existence of any particular motive, purpose or intent, is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the defendant was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act. Insanity must PENNSYLVANIA. STATE BOARD OF CHARITIES. 1. Creation of board. 2. Oath of office, organization. 3. Meetings; commissioners to receive no compensation. 4. General agent, term of office, duties; to be a member of the board. 5. Inspection of asylums. 6. Annual visitation. 7. Annual reports of charitable institutions to general agent. 8. Duties of general agent on application for state aid. 9. Power of commissioners to administer oaths. 10. Not to be interested in contracts. 11. Annual report of board. COMMITTEE ON LUNACY. 12. Supervision over asylums. 13. Additional members of board of charities; qualifications. 14. Committee on lunacy, organization. 15. Duties of committee. 16. Powers of committee. 17. Annual report. 18. To make rules regulating care of insane and license of asylums. 19. County board of visitors. 20. Appointment, term of office. 21. Women may be members. 22. Houses for confinement of insane without license, penalties. 23. Violation of rules of committee, penalties. 24. Board of charities to provide for visitation of all insane. 25. Rules for admission of visitors. 26. Illegal detention, penalties. 27. Verdict or judgment not to be entered except on certificate of negligence or corrupt action. 28. Records of asylums to be kept. 31. Statement necessary for admission. 32. Contents of statement. 33. Defective statement, how cured. 34. Recording statements, and examination by medical attendants. 35. Patients, when discharged. 36. Free communication with friends. 37. Statement and result of examination submitted to committee. 38. Private physicians for patients. 39. Unrestricted correspondence of patients with committee. 40. Discharge; habeas corpus. 41. Committee on lunacy to be noti fied of discharge. 42. Committee on lunacy may discharge; criminals excepted. 43. Voluntary inmates, agreement. 44. Relatives to observe preceding conditions. 45. Interference with correspondence, penalty for, extended to officers. 46. Officers exonerated where probable cause for commitment; notice. 47. Notice of inquisition to committee, contents of, powers of committee and court, appeal. 48. Habeas corpus for unlawful detention, when issued. 49. Commitment on order of court, proceedings. 50. Removal by friends, regulations. 51. Commitment of uncared for insane. 52. Right to habeas corpus and jury trial continued. MISCELLANEOUS PROVISIONS. 53. Indigent insane, transfer from almshouse to asylum. 54. Support of insane, limit of charges. 55. Expenses of indigent insane, divided between state and county. 56. Asylum destroyed by fire, transfer of patients to other asylums. 57. False certificate of insanity by physician, penalty. 58. Female physicians may be appointed for asylums. 59. Term of office of such physicians. 60. Appointment of visitors, admission of, penalties for refusal to admit. CRIMINAL INSANE. 61. Insane criminals, admission, discharge, proceedings for removal, expenses how borne. 62. Discharge upon order of court, notice to committee. 63. Fact of insanity to be stated in verdict of acquittal, proceedings. 64. Upon arraignment, jury to be empaneled, proceedings. 65. On discharge for want of prosecution, like proceedings. 66. Delivery to friends after acquittal. 67. Expenses of, reimbursement. 68. Acquittal on ground of insanity, fact to be stated in verdict; temporary commitment. 69. Discharge after three months' confinement, in discretion of judge. 70. Discharge for ill health. 71. Transfer to asylum, proceedings. 72. Power of court to commit to asylum during insanity. 73. On recovery, to be remanded to prison or discharged. 74. On expiration of sentence, may be delivered to relative. 75. Expenses of removal, how borne. 76. Fulton county to bear expenses of indigent insane criminals. HARRISBURG ASYLUM. 77. Board of trustees, title, powers; to appoint superintendent and treasurer; salaries of officers. 78. Superintendent, powers and duties. 79. Property may be held in trust. 80. Counties entitled to patients in ratio of insane population. 81. Charges for indigent and private patients. 82. Insane criminals, commitment, expenses. 83. Legal settlement or residence, lia bility for expenses. 84. Indigent insane, expenses of reremoval and maintenance. 85. Commitment of insane paupers by authorities of the poor. 86. Expenses of maintenance, how recovered by asylum. 87. Commitment by courts, powers. 88. Preferences for admission. 89. Ex-offico visitors of asylum. 90. Prisoners in eastern penitentiary, transfer to asylum. 91. Fact of insanity to be inquired into by court. 92. Insane criminals acquitted of felony, when sent to asylum. 93. Incurable insane criminals remanded to prison. 99. Ex-officio visitors of asylum. 100. Board of managers, appointment; annual report. 101. Convicts in western penitentiary transfer to asylum, proceedings. 102. Investigation of insanity by courts, powers, proceedings. 103. Criminal insane, courts authorized, to commit. 104. Indigent insane, commitment by township, liability for expenses. 105. Transfer of insane from western penitentiary. 106. Inebriates, temporarily insane, commitment by courts, proceedings; security for expenses. 107. Incurable criminal insane, remanded to prison. 108. Incurable indigent insane returned to counties. 109. Cured criminal insane remanded to custody. 110. Cured indigent insane returned to county. 111. Allegheny county insane, regulations for discharge. 112. Inquiry by courts into indigence of criminal insane. 113. Support and commitment, expenses how borne. 114. Reimbursement of expenses. 115. Certified copy of commitment furnished solicitor and physician. 116. Criminals whose expenses remain unpaid returned to county. 117. Preference, order of admission. 118. Indigent insane, charges. 119. Apportionment of charges. 120. Streets through grounds prohibited. 121. Commitment of criminal insane. 122. Support of insane criminals, charged to county. 123. Service of process. 125. Decree of court for commitment. 126. Expenses of maintenance, chargeablility for. DANVILLE ASYLUM. 127. Establishment; board of trustees, powers and duties; officers. 128. Superintendent, powers and duties. 129. Trustees may hold property in trust. 130. Admission and discharge, pro visions relating to Harrisburg asylum to apply to Danville. 131. Discharge to relatives on security. 132. Transfer of patients to Danville. 133. Apportionment of counties. WARREN ASYLUM. 134. Establishment, board of trustees, powers and duties. 135. Trustees, residence, not to be interested in contracts. 136. Trustees, duties; superintendent and female physicians. 137. By-laws; treasurer, appointment; salaries of officers. 138. Officers, appointment. Act of 1869, 90, § 1. lic charities erected. of commis 139. Trustees may hold property in trust. 140. Insane criminals, commitment. NORRISTOWN ASYLUM. 144. Establishment; board of commis- 146. Asylum to be devoted to the care 147. Authorities of the poor to commit to asylum, expenses how borne. 148. Commitment, powers of courts. 149. Ex-officio visitors of asylum. 1. The governor, with the advice and consent of the senate, shall, as soon as practicable after the passage of this Board of pub act, appoint five commissioners, who, together with the general agent and secretary hereinafter mentioned, shall constitute a board of public charities; one of the Appointment persons so appointed shall hold office for one year, sioners. one for two years, one for three years, one for four years and one for five years, unless sooner removed; appointments to fill vacancies caused by death, resignation or removal before the expiration of terms, may be made for the residue of such terms, by the governor, subject to the consent of the senate, and all appointments to fill vacancies caused by expiration of terms shall be made in the same manner, and shall be for the period of five years each. Ibid § 2. 2. The commissioners, before entering upon their duties, shall, respectively, take and subscribe the oath required of Oath of office. other state officers, which shall be filed in the office of the secretary of the commonwealth, who is hereby authorized and directed to administer said oath; they shall have power to elect a president out of their own number, to appoint a general agent and secretary, and to adopt such regulations for the transaction of the business of the board and the management of its affairs as they may deem expedient. 3. The said board shall be provided with a suitable room in the state capital, in which it shall hold its meetings, and it shall meet therein at least once in every three Ibid § 3. Meetings of the board. |