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published iy Hfah & Harper.
"Truth and Justice."
V -. ! ' ...
Volume XV. Number 31..
GALLIPO LIS; O HI O, J ULY 4, 1850.
Utti Jo lull iLll' : ;
THE JOURNAL,
Is published every Thursday rooming
BY NASn HARPER,
at the low rale of $1 75 In advance--tt
00, paid at the expiration or the
year.
. Any person sending in five names,
accompanied with the cash, will be en
titled to a copy gratuitously. '
' Advertisements will be inserted at
the rate of 1 1 per square for the first
three insertionsind 25 cents per square
for each subsequent insertion.
Liberal deduction made to yearly ad
vertisers. -
LAWS OF OHIO.
(BY AUTHORITY.)
AN ACT
For the goreroment of the Ohio Lunirtie Aiy
- lam, and th can of Idiots and tha I mane. .
I. APPOINTING POWERS AND DEPUTIES
OF OFFICERS.
Sec- 1. Be it enacted by the Gen
red Assembly of the State of Ohio,
.That there shall be a president, and
six other directors of the Ohio Luna
tic Asylum; they shall be appointed
by joint, resolution of the General
Assembly, and shall serve six years,
and until their successors are appoin
ted. When a vacancy occurs during
a recess of the General Assembly, it
shall be filled by the governor. The
person so appointed shall serve until
an appointment is made by the Gen
eral Assembly. The person appoin
ted by the General Assembly shall
serve out the residue of the term of
the person holding the appointment
when the vacancy occurred. The
present directors shall serve out their
respective terms.
Sec. 2. Tie directors shall appoint
a superintendent, a senior and junior
assistant physician, a steward, ma
tron, and such other principal offi
cers as they may deem necessary;
they shall fix all salaries, except as
may be otherwise provided by law;
thev shall prescribe rules, regulations
and by-laws, for the government of
the institution, and shall exercise
such control over iugovernment and
management as they may think pro
per. Sec. 3. The president of the board
of directors shall have a general visi
torial and advisory power in the af
fairs of the institution, and shall re
ceive such compensation for his servi
ces as the board of directors may
determine. One of the directors
shill visit the institution monthly; a
majority of them shall visit it togeth
er semi-annually; and the whole
board shall make at least one such
visit during the year. An annual
meeting of the board shall be held
on the third Tuesday of November.
Sec. 4. The directors shall keep a
full account of their proceedings, in
a book to be provided fir thai pur
pose. Such reports shall be made
to them, by the officers of the insti
tution, as they shall from time to
time require. The superintendent
and treasurer shall each make a full
report to them, at their annual mee
ting. The directors, at that meeting,
shall make a full report to the Gene
ral Assembly. The annual report ol
the superintendent, and of the treas
urer, shall accompany the report of
the directors. -
: Sec. 5. The directors may take
- and hold in trust any lands conveyed
or devised, and any money or other
personal effects,'given or bequeathed,
.to be applied to any purpose con
nected with the institution.
Sec 6. The directors "shall be re
paid any expenses actually incurred
- by them in the performance of the
duties of their appointment Such
payment shall be made out of the
State treasury, upon the warrant of
the Auditor of State, and excepting
the president, shall receive no other
compensation. -. -
, Sec. 7. The Treasurer of State
shall be the treasurer of. the asylum,
', and shall collect all debts due there
to. For any misfeasance.malfeasance
.or nonfeasance, he and his sureties
shall be liable, as in other cases. He
s shall receive, for bis services, an an-
jiual salary of one hundred dollars,
I to be paid out of the State treasury,
upon the warrant of the Auditor of
'State. . , . .
. Sec 8. The superintendent shall
x'be the chief executive officer of the
" institution, and shall have the care
and control of every thing connected
' therewith. He shall employ such at-
. tendarts, assistants, nurses, servants
and other persons, as - he may think
croDer. and may at pleasure 'dis-
, charge them. Ia all things, however,
ha shall be subject to the direction
and'control of the board of direc
tors.
Sec. 9. The superintendent shall
bea physician, and a person of ac
knowledged skill and ability in his
,rnfes3ion. Ha hall not attend to
any other business, nor engage ia the
practice of bis profession out of the
institution. He shall not be subpoe.
naed in any criminal case, unless the
court, or in vacation a judge thereof,
shall make a special order that a sub
poena issue; and, in such case, a me
morandum of such order shall be en
dorsed upon the supoena.
' Sec. 10. All persons employed in
the asylum, while so employed, shall
be exempt from serving on juries,
from working on the highways, and
in time of peace, from serving in the
militia; and the certificate of the su
perintendent, under his official seal,
shall be sufficient evidence of such
employment. .
Sec. 11. The salaries of officers
of the asylum fixed by law, shall be
paid quarterly outoi the state treas
ury, upon the warrant of the Audi
tor of State.
II. ADMISSION OF PAY PATIENTS, &C.
Sec. 12. Before any person shall
be received into the institution as a
pay patient, there shall be produced
to the superintendent
I. The treasurer's receipt for the
payment of at least one month's
charge in advance.
II. A sufficient obligation, condi
tioned as hereinafter required.
111. A certificate from some re
spectable physician setting forth
1. That the patient is free from
infectious disease and virmin.
2. The age of the. patient, and a
concise history of the case.
3. The duration of the disease, da
ting from the first symptoms.
4. The supposed exciting cause of
the disease. .
5. Whether the disease is heredi
tary. "
6. Whether the patient has been
subject to epilepsy.
7. Whether the patient ba made
any attempt to commit any violence
upon himself, or others. .
8. The medical treatment pursued
in the case, and any other circum
stances known to the physician, ten
ding to throw further light upon the
subject.
No other proceedings shall be ne
cessary for the admission of pay pa
tients. The obligation above mentioned
shall be substantially as follows:
Whereas , an insane person
of- , in the county of- , has
this day been admitted as a patient
into the Ohio Lunatic Asylum: Now
Wo, , of the county of
, in the State of Ohio, do joint
ly and severally promise the super
intendent of the said asylum, and his
successor in office, that we will faith
fully maintain said , and find
in sufficient and suitable clo
thing, while may remain in the
said asylum; that we will monthly,
hereafter, pay in advance all charges
of said asylum against said patient.:
W e also agree to remove said patient
from the asvlum, when required; to
defray reasonable charges in case of
elopement, and to reimburse
luneral expenses in case of
death.
Witness our hands and seals, this
day of, A. D. 18
; fc:
Sec 13. If there shall be a balance
in the treasury of the institution to
he credit of the patient removed
from the asylum, the treasurer shall
pay it to the person authorized to
receive the same.
Sec. 14. If the clerk of the court
of common pleas of the proper coun
ty shall transmit to the superinten
dent a certificate, under his official
seal, setting lortb that any patient
in the asylum is in needy circum
stances, within the meaning of this
act, upon the receipt of such certifi
cate by the superintendent, such per
son shall be a Slate patient.
III. ADMISSION OF STATE PATIENTS, &C.
Sec. 15. For the admission of
State patients, the following procee
dings shall be had: borne citizen re
siding in the proper county, shall file
with a justice of the peace ot such
county, a statement, in writing,
- . a - . It f I
which shall be substantially as ioi-
lows:
Slate of Ohio, county ss.
The undersigned, a citizen of the
State of Ohio, residing in the said
county, hereby states as follows:
- naming tire person is insane.
His insanity is of less than two years
duration, or, his being at large is
dangerous to the Safety of the com
munity; he is in needy circumstan
ces, and has a legal settlement in
township, in this county, and
an inhabitant of the State of Ohio.
These facts can be- proved by ,
and , naming at least two per
sons, one of whom shall be a respec-
laoie pnysician.r . Uated ta;s
day
Of , A. JJ . ,
A. B.
2. The justice thereupon" is
sue subpoenas for the persons named
as witnesses, and such other persons
as he may think proper, commanding
them to appear before him at a spe
cified time, to testify concerning the
facts set forth in said statement.
Subpoenas may also be issued for
witnesses in behalf of the person
alleged to be Insane.
3. Before the time specified for
the appearance of the witnesses, the
justice, with some other justice of the
vicinity and of the same county,
shall visit the person alleged to be in
sane. . . -
4. At the time appointed (unless
the investigation shall be adjourned
over to . some othei time,) the said
justices shall proceed to examine the
witnesses in attendance. At least
one of the witnesses examined shall
be a respectable phvsican.
Sec. 16. If. after such visit and in
quest, the justices shall be satisfied of
the truth of theMacts setiortn in the
statement, they shall require . the
medical witness fortwith to inake
out a certificate, such as is required
Lfor pay patients by the twelfth sec
tion ol this act; they shall likewise,
themselves, forthwith make out a
bill of the costs of this inquest, as
fixed by this act, and also a certifi
cate, which shall be substantially as
follows: .
The State of Ohio, countv, ss.
The undersigned, justices of the
peace in and for the county aforesaid,
hereby certify that we have yisited
. , ,of said county, a person al
leged to be insane, and have this day
held an inquest in regard to him, ac
cording to law. We are satisfied
that he is insane; that he has a legal
settlement in township, in this
county, and is a citizen of the slate
of Ohic; that he is a fit subject to
be sent to the Ohio Lunatic Asylum,
to undergo treatment therein; that
he is in needy circumstances, within
the meaning of the act relating to
idiots and lunatics.and that his disease
is of less than two years' duration;
if the disease-has continued longer
than two years, omit the words "less
than two years' duration," and insert
the following in their place: more
than two years' duration; but we are
well satisfied that his being at large
would be dangerous to the safety of
the community.
Witness our hands, this day
of , A. D. .
A. B.
A. B. C. D.
. Sec 17. If, after such visit and in
quest, the justices shall not be satis
fied of the existence of either of the
facts necessary to Decertified, to en
title the person alleged to be insane
to admission into the asylum, they
shall make out a certificate in the
same form with that required by the
preceding section cf this act; setting
forth the necessary facts of which
they are satisfied, and the necessary
fact or facts which are not established
to their satisfaction. The medical
witness shall also make out a certi
ficate, as above required.
Sec 18. Immediately after the in
quest, the justices shall transmit to
the clerk of the court of common
pleas of such- county, the said state
ment, in writing, the bill of costs,
their certificate, and that of the me
dical witness. TfTe clerk shall label,
file, and carefully preserve the same.
Sec 19. The justice with whom
the statement is filed, shall.make a
docket entry of the proceedings.
Sec 20. The clerk of the court of
common pleas, upon receiving the
certificate of the two justices and
of the medical witness, made out ac
cording to the sixteenth section of
this act, shall forthwith apply to the
superintendent for the admission of
such person into the asylum. He
shall at the fame time transmit co
pies, under his official seal, of said
certificates. Upon receiving the ap
plication, and said certificates, the
superintendent shall immediately ad
visa the clerk whether the patient
can be received, and if so, at what
time. The clerk shall thereupon, in
due season for the conveyance of such
person to the asylum by the time ap
pointed, issue his warrant to the
sheriff, or any other suitable person,
commanding him forthwith to arrest
such insane person and convey him
to the Ohio Lunatic Asylum. If the
clerk be satisfied of its necessity, he
may authorize one or more assistants
to be employed. Said warrant shall
be substantially as follows: .
The State of Ohio, county, ss.
Office of the Clerk of the Court
of Common Fleas. .
To . x .. .- i
Whereas all the proceedings neces
sary to entitle- to be admitted
into the Ohio Lunatic Asylum, as a
State patient, have been had accor
ding to law, you are hereby com
manded forthwith to arrest said per
son and convey him to said asylum;
(and you are hereby authorized to
take to your aid assistants,
If deemed necessary by you.) , After
executing
this warrant, you snan
make due return thereof to this office
Witness my hand and seal of office,
this . day ot A. V
Clerk.
" Upon receiving said patient, the
superintendent shall endorse upon
said warrant a receipt, substantially
as follows;
Ohio Lunatic Asylum,
A. D.
Received this day of , the
patient named in the within warrant,
. , Superintendent.
This warrant, with the receipt
thereon, shall be returned totbe cler
who issued the same, and Iha'S be
filed by him with the other papers
relating to the case: Provided that
in all cases, the relatives of tht insane
person shall have a rightfif they
choose, to convey him to the asylum.
In such case, the warrant shall be di
rected to one of them; andthe per
son to whom it is directed, and his
assistants, shall, if demanded receive
the same compensation allowed for
the like services in other easel: Pro
vided, also, that if the medical wit
ness shall not state, in his certificate,
that the patient is fiee from any in
fectious disease and from virmin, it
shall not be the duty of the"c!erk to
apply to the superintendent, as here-
inbelore provided.
Sec 21. When the two "justices
shall certify every thing necessary to
entitle the person alledged to be in
sane, to admission into the asylum,
except that he is in needy circum
stances, within the meaning of this
act, further proof mav be made up
on that subject before the e'erk, and
if the clerk shall become satisfied that
such person is in needy circumstan
ces, within the meaning of this act,
he shall make out a certificate to that
effect under his official seal, and for
ward it to the superintendent, with
copies of the certificate of the jus
tices and of the medical witness; mid
thereupon the same proceedings shall
be had in all respects as if this fact
had been originally certified by the
two justices; Provided, that if at any
time before the patient is sent to the
asylum, a sufficient bond be executed
to the State of Ohio, to be approved
by the clerk, for the safe .keeping
and support of the patient, he shall
be delivered to his friends? acd all
proceeding in the case shall there
upon cease. If, however, the condi
tion of the bond be broken, the clerk
may thereupon issue his warrant for
the conveyance of the patient to the
asy'um, as if the bond had not been
executed.
Sec 22. When a State patient is
sent to the asylum, it shall be the du
ty of the clerk to see that the pa
tient is supplied with the proper clo
thing; and, if not otherwise furnished,
the clerk shall purchase it, and in
such case the same shall be paid for,.
upon the certificate of the clerk and
the order of the county auditor, out
of the county treasury.
For a male patient, such clothing
shall be as follows: A coat, vest,
and two pair of pantaloons, all of
woolen cloth; two pairs of woolen
socks, two pocket handkerchiefs, a
black stock or handkerchief for the
neck, a good hat of fur or silk, (or
comfortable cap,) a pair of shoes or
boots, and at least two cotton shirts,
and such outside garment as will suf
ficiently protect him in severe wea
ther. -
For a female patient, such clothing
shall be as follows: Two substan
tial gowns or dresses, two flannel
petticoats, two pairs of woolen stock
ings, one pair of shoes, two handker
chiefs, a decent bonnet, at least two
cotton chemises and a large comfor
table shawl or cloak.
In both cases, the articles of clo
thing shall be ' new, or as good as
new, and the woolens of a dark color.
Such clothing shall be delivered in
good order, with the patent, to the
superintendent; and, without such
clothing, the superintendent shall
not be bound to receive the patient.
' Sec 23. If the clerk shall neglect
to issue and deliver to the proper per
son a warrant for the conveyance of
the patient to the asylum, as herein
before required, or if the person to
whom the warrant is directed shall
not, within fifteen days after the re
ceipt thereof, deliver the patient at
the asylum, the clerk or person so
offending, shall forfeit the sum of fif
ty dollars, to be recovered with costs,
in an action of debt, in the name of
the superintendent, for the use of
such patient. . And if any insane
person shall be conveyed to the asy
lum before the superintendent shall'
have given notice that he can be re
ceived as hereinbefore provided, no
fees or compensation whatever shall
be paid those by whom he was so
conveyed. ' '' '
Sec 24. If any person conveying
a patient to the asylum, under the
prov laions of this act, shall convevl
such patient in company with crimi-
nals going to the penitentiary, or
shall sutler such patient to drink ar
dent spirits, the person so conveying
him and his assistants, shall forfeit all
claim to the compensation allowed
them by this act.
- Sec 25. If the clerk of the court,
of common pleas shall transmit to
the superintendent a certificate, un
der his official seal, setting forth that
any state patient in the asylum from
his county is no longer ia needy cir
cumstances, within the meaning of
this act, after the receipt of this cer
tificate, the patient shall be a pay
pe'ien'; and in such cases charges
shrll le made out and paid, and a
bond shall be required, as ia other
cases of pay-patients.
Sec 26. If, according to the result
of the inquest, by two justices, the
patient shall be entitled to admission
into the asylum, the clerk shall di
rect how he shall be taken care of
until he can be admitted, and if ne
cessary, may direct his confinement
in the county poor house or coun
ty jail, as he may deem best;
and if all things needful be not oth
erwise supplied, he shall furnish
them; and, in such case, the same
shall be paid for out of the countv
treasury, on the certificate of the
clerk and the order of the countv au
ditor.
Sec. 27. No idiot or lunatic, sent
to the county jail, shall, if it can be
avoided, be confined in the same
room with a person charged with or
convicted of crime.
Sec 2S. When an idiot or a lu
natic not entitled to admission into
the asylum as a state patient, shall
be at large, and this being so at large,
shall be attended with danger to him
self or others; upon such fact bting
established by the certificate of two
justices of the peace of the county,
or the affidavit of some respectable
citizen of the county, filed with the
clerk of the court of common pleas;
the clerk shall thereupon order such
idiot or lunatic to be confined and
provided for as directed by the twenty-sixth
section of this act, and all
costs and charges shall be paid ns di
rected in said section: Provided, that
if such idiot or lunatic, be not in nee
dy circumstances within the mean
ing of this act, such costs and chnr-
g3 shall be repaid out of his estate.
and may be recovered by suit in the
name of the county commissioners
upon the common counts, and in
such case no evidence thall be neces
sary but the certificate of the clerk
under his official seal, setting forth
the particulars and amount of such
charges and that the same have been
paid out of the county treasury.
Sec. 29. When any person shall
be confined as aforesaid, under the
order of the clerk, and the attending
physician shall certify that he is re
stored to reason, or that it is no lon
ger necessary to confine him, or if a
sufficient bond shall be executed to
the State of Ohio, to be approved by
the clerk conditioned for his safe kee
ping and support, the clerk shall
thereupon order him to be discharged,
or to be delivered to his friends as (he
case may be, and where an idiot or
lunatic shall be so confined, he shall
not be discharged or removed, ex
cept upon the order or warrant ol
the clerk, as hereinbefore mentioned;
Provided, that nothing herein con
tained shall be so construed as to de
prive the person so confined, of the
benefit of the writ of habeas corpus.
Sec 30. Any patient may be dis
charged from the asylum, upon the
application of the superintendent to
one of the directors, and such di
rectors order thereupon. Incura
ble and. harmless patients shall be
discharged whenever such discharge
is necessary to make room for a re
cent case from the same county.'
Sec. 31. Whenever an order shall
be made out for the removal of a
State patient from the asylum, the
superintendent shall immediately
give notice thereof, under his official
seal, to the clerk of the court of com
mon pleas of the county from which
such patient was sent, and thereupon
such clerk shall forthwith issue bis
warrant to the sheriff of said county,
which warrant shall be substantially,
as follows:
The State of Ohio, county, ss.
Clerk's office of the Court of
Common Pleas. v '
" Whereas, the proper authority has
directed that , a patient in the
Ohio Lunatic Asylum, from this coun
ty, be removed from said asylum;
you are therefore hereby . comman
ded forthwith toremovesaid patient,
and return him to - township, in
this county, where he had a legal
settlement when he was , taken to
said asylum. . '. - V .
-Witness my hand and seal of trt
ficeth is day of , A.
D
Immediately upon receiving such
warrant, it shall be the duty of the
sheriff, by himself or deputy, tbrth-
with, to execute tLa same and retu'
it to the clerk by whom it was issued,
and if any clerk upon receiving such
notice, shall refuse or neglect for the,
space of five days to issue and place,
such warrant ia the hands of the
sheriff, or if such sheriff shall refuse
to receive the same, or shall neglect
for the space of twenty days aftr
receiving thV warrant, to demand
such patient of the superintendent!!
the patient shall be charged from tli4"
date of the notice to the clerk unti
his removal, at the same rates as pa
patients, and the amount of suti
charges may be recovered ia an --y
Hon of assumpsit upon the comtfv
counts, with costs of suit in the nany
of the superintendent, against tli
clerk or sheriff so offending.
Sec. 38. When a State patient is dia-
charged as cured, the superintendent
may liirnun him with suitable clothing,
ana a sum of money not e. seeding
twenty dollars if he deems it necessary,
' Sec. S3. No idiot shall be admitted
into the asylum, and every such patient
therein shall be discharged, and no 1"
natic under the age of seven years aha
be admitted. '
Sbc. 34. If application shall be mad I
for the admission of more patients thai
the institution can receive, a aekctirf
i shall be made as follows:
I st. Recent cases, (i. e.) where til
disease is of less than one year s dura
: 1 li l .1. r ' ,3.
nun. suaii nave me preierence overau
others in the same county.
2d. Chronic cases, (i. e.) where the
disease is of more than one year s dura
tion; presenting the most favorable pros'
pect of recovery, shall be next prefer
red. "
3d. Those for whom applications have
been longest on ule, other things being
equal, shall next be preferred.
4th. No county shall have in the in
stitution more than its just proportion
according its population.
6th. No distinction ahallbe made be
tween pay patients and State patients.
Sec 35. Pauper idiots and lunatics,
not within the provisions of this act,
and those discharged from the asylum.
shall be provided for in the same man
ner as other poor.
Sec. 36. When any State patient dis
charged from the asylum as cured, shall
again become insane, any respectab'e
physician may file with the clerk of the
court of common pleas a certificate, set
ting forth the recurrence of the disease;
nd such facts and suggestions relating
thereto, as he may deem material; up
on receiving auch cemOcau, ibe eUrk
hall immediately transmit acopr there
of, authenticated by hi official aeat to
the superintendent, and thereupon the
same proceedings shall be had in all
respects as when the certificate of the
justice holding the inquest was trans
mitted. -
Sec 37. When any person shall be
confined as insane, a writ of habeas
corpus may be issued as in other cases,
for his discharge, and the question of in
sanity shall be decided at the hearing;
Provided, that if the judge shall decide
that the person is insane, the decision
shall be no bar to the Issuing of another
writ, whenever it shall be alleged that
such person has since been restored to
reason.
IV. GUARDIANS OF IDIOTS AND
LUNATICS.
6 ec. is. 1 he court or common
pleas at any general or special term.
and-upon satisfactory proof that any
person resident of the county,or hav
ing a settlement in any township
thereof, is an idiot, or lunatic, may
appoint a guardian for such idiot or
lunatic. ;
Sec 39. Such guardian shall, by
virtue of such appointment, be the
guardian of the minor children of
his ward, unless the court appoint
some other person as their guardi
an. . .
Six. ' 40. All laws relating to
guardians for minors and their
wards, and laws pointing out the
duties, rights and liabilities of such
guardians and their sureties, ia force
for the time being, shall be applica
ble to guardians for idiots and luna
tics and their children, so far a3 the
same are in conlormity with the
provisions of this act.
Sec 41. Such guardian may sue
in his own name, describing himself
as guardian of the ward for whom
he sues, and when his guardianship
shall cease by hn death, removal or
o'.Iierwise, or by the decease of hi
ward, any suit, action or procee
ding then pending, shall not abate,
hut hi successor, as guardiin, or
such idiot or lunatic, if he be restor
ed to his reason, or the executor or
administrator of such idiot or lurft
tic, as the case may require, shall
be made party to the suit, or .other
proceeding, in like manner as is or
may be provided by law for making
an executor or administrator parly
to a suit or proceeding of a like kind.
where the plaintiff dies during its
pendency. '
Sec 42. whenever me saie oi
the real estate of such ward is ne
cessary for hissupport.or the support
of his family, or the payments ot his
debts, or such sale will be for the in
terest of the estate of such idiot or
V
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?
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I
'
nacy prov
in me county wnere . uca
auuui in lias niauitoi to vi AJiay
be provided by law for the admission
to record of an authenticated copy
of a will made in rny other oT the
United States. 1
2. Evidence satisfactory to Iho
court here, before whom such for
eign commission is approved, that
such Idiocy or lunacy, stil! contin
ues. .
3. The foregoing guardian shall
file his bond witli sureties residing ia
this State or elsewhere, to the ac
ceptance of the court, conditioned
for the faithful administration of hisr
guardianship.
Sec 46. Whenever the court of
cemtnon pleas, at any regular or
special term thereof, shall be satisfied
that a lunatic is wtored to reason,
or that letters of guardianship have
been improperly issued under this
act, they shall make an entry upon
their journal that said guardianship
terminate; and the guardianship shall
thereupon cease, and the accounts
of the guardian shall be settled by
the court.
E t
V. IDIOTS AND LUNATICS IN JAIL OR
UNDER SENTENCE AS CRIMINALS, &C.
Sec. 47. If any person ia prison,
charged with a crime or misdemean
or, whether in needy circumstances
or not, shall, at any time before in
dictment is found against him, at the
request of any citizen be brought be
fore an examining court in the
manner provided by the act entitled
"an act directing the mode of trial ia
criminal cases," passed March 7th,
1S31, (Collated Stat. 724;) and if it
shall be found by the court that such
person was an idiot or was insane
when he committed the offence, the
said court, at their discretion, and
the clerk thereof, shall proceed, and
the prisoner shall be dealt with in
like manner as other idiots and luna
tics are required to be, after in
quest held by two justices'. "
Sec 4S. If any person In prison,
shall, after the commission of an of
fence and before conviction, become
insane, whether he be ia needy cir
cumstances or not, and whether in
dicted or not, an examining court
may be called ia the manner provi
ded in the act entitled "an act direc
ting the. mode of trial in criminal
cases," passed xuarcn tin, ibh;
(Collated Stat. 724;) and if such court
shall find that such person became
insane after the commission ot the
crime or misdemeanor of which he
stands . charged or indicted, and is
still insane, the said court and the
clerk thereof, shall proceed, and the
prisoner shall for the time being,
and until restored to reason, be
dealt with in like manner as ether
lunatics are required to be, after in
quest had by two justices; Provided,
however, that .if such lunatic be dis
charged, the bond given for his sup
port and safe keeping, shall also be
conditioned, that said lunatic, shall,
when restored to reason, answer to
said - crime or misdemeanor,' and
abide the order of the court ia the
premises; and any such lunatic may,
when restored toreasoD, be prosecu
ted for any offence committed by
him previous to such insanity. "
Sec 49, If the lunatic mentioned -in
the preceding section, shall be con
fined in the asvlum or poor house,
the superintendent ia wboei charge
he may be, shall, as soon as such lu
natic ia restored to his reason, give
[Concluded on 4th page.]
