asylum per

upon it shall be the duty of such sheriff forthwith to return to to take such person and return him to such asylum sous on probaat the expense of his county.

tion or es

caped.

39. For the purposes of this chapter, the settlement of any person admitted to any insane asylum as insane, Ibid § 23. shall be in the county where the actual place of his Settlement of residence, at his admission, may be situated, when sons. such settlement comes in question.

insane per

Ibid § 24. straining in

Bond for re

sane persons

from commit

ting injuries,

etc.

40. All bonds executed for restraining insane persons from committing injuries, and for their safe keeping, support and care, shall be payable to the state of North Carolina, in the sum of five hundred dollars at least, and shall be transmitted to the clerk of the superior court of the county wherein said insane person is settled, for safe keeping, and may be put in suit by any person injured by said insane person by reason of his insane condition, and shall be put in suit by the solicitor for the judicial district in which the county of said insane person's residence is situated, for any other breach thereof, wherein the damages received shall be for the use of said insane person.

41. The form of bond mentioned in the preceding section shall be as follows:

Ibid § 25.
Form of bond.

Know all men by these presents, that we, A. B. principal, and C. D. and E. F. sureties, are held and firmly bound unto the state of North Carolina, in the sum of

dollars, for the

18

payment whereof we bind ourselves and each of us. Witness our hands and seals this day of The condition of the above obligation is this: Whereas, the said A. B., with the view of hindering G. H., an insane person, resident in the county aforesaid, from being sent to insane asylum, (or to effect his release from the said asylum, as the case may be) hath undertaken to restrain him from committing injuries, and to keep, maintain, support and take care of the said G. H.

Now if the said A. B. shall faithfull comply with the conditions of this obligation, then the same shall be void, otherwise it shall be in full force.

A. B. [Seal]

Ibid § 27.
Expense of

digent insane.

42. The cost and expense of conveying any indigent insane. person to any of such asylums from any county, or conveying in- of removing him therefrom to any county or of his return to the county of his settlement as sane, under any of the provisions of this chapter, shall be paid by the treasurer of such county upon the order of the chairman of its board of county commissioners: provided, that (except when Proviso. any such person admitted as indigent is discharged as sane) upon satisfactory proof before such board of county commissioners that such person or some other person liable for his maintenance has sufficient property to pay such costs and expenses, such board may refuse such payment, and the estate of such person shall be liable for such cost and expense. 43. Whenever it shall be made to appear to any two justices of the peace of the county of settlement of such insane person, that the conditions of the bond are not faithfully complied with, said insane person not complied shall be sent back to the proper asylum by them, unless some other responsible and discreet friend will undertake to fulfil the duties of said obligation; and whenever said insane person shall be sent back, he shall not be delivered on any new bond of the defaulting obligor.

Ibid § 28.

Insane person sent back to asylum if con

ditions of bond are

with.

Ibid § 34. Proceedings to place insane person possessed of sufficient income in asylum outside of state.

44. Whenever any person shall be found to be insane in the mode herein before prescribed, and such person shall be possessed of an income amply sufficient to support those who may be legally dependent for support on the estate of such insane person, and moreover to support and maintain such insane person in any named asylum situated out of the state; and such insane person, if of capable mind to signify such preference, shall, in writing, declare his wish to be placed in such asylum without the state, instead of being in an asylum established by the state; (or in case such insane person is incapable of declaring such preference, then the same may be declared by his guardian;) and two respectable physicians who shall have examined such insane person, with the justices who made the examination, shall deem it proper, then it may be lawful for said justices, together with said physicians, to recommend in writing that such insane person shall be placed in the asylum so chosen as a patient thereof.

bid $ 35. sou having tate.

Duties of per

custody of es

45. It shall be the duty of any person having the legal custody of the estate of such insane person, to supply the funds for his support in the asylum in which he may be placed, during his stay therein, and so long as they may be sufficient for that purpose, over and beyond maintaining and supporting those persons who may be legally dependent on the estate as aforesaid.

Justices of the peace

46. It shall be the duty of said justices to report the proceedings in such cases to the clerk of the superior court of the county in which such insane person may reside or be domiciled.

Ibid $ 36.
to report proceedings

to superior court
clerk.

Ibid § 37.

47. The clerk of the court shall lay the said proceedings before the judge of the superior court of the district in which said insane person may reside or be domi- Clerk to lay ciled, and if he approve them he shall so declare in writing, and such proceedings, with the approval thereof, shall be recorded by said clerk.

proceedings before judge.

Ibid $ 38. proceedings with sufficient to au

Certified copy of

48. A certified copy of such proceedings, with the approval of the said judge, shall be sufficient warrant to authorize any friend of such insane person appointed by the said judge to remove him to the asylum designated.

judge's approval

thorize removal to asylum designated.

asylum, pri

49. In the admission of patients to any insane ority of admission shall be given to the indigent in- Ibid § 39. sane: provided, however, that the boards of directors may regulate admissions, having in view the curability of patients and the welfare of their institu

Indigent inpriority of ad

sane to have

mission to asylum.

tion and provided further, that said boards may, if Provisos. there be sufficient room, admit other than indigent insane persons upon payment of proper compensation.

Ibid § 40.

commitment of insane person to county

50. When any person is found to be insane, under any of the provisions of this chapter, and he cannot immediately be admitted to the appropriate asylum, and Temporary such person is also found to be subject to such acts of violence as threaten injury to himself or danger to the community, and he cannot otherwise be properly restrained, he may be temporarily committed to the county jail, until a more suitable provision can be made for his care.

jail.

51. It shall be the duty of any board of county commissioners, by proper order to that effect, to discharge any ascer

Ibid § 41.

Discharge of

from county

jail.

Ibid § 16.
Superior court

judges to com-
asylum,

mit to proper

pe

sons confined in jail on criminal

tained lunatic in their county not admitted to the insane person appropriate insane asylum and not committed for crime, when it shall appear upon the certificate of two respectable physicians and the chairman of their board that such lunatic ought to be discharged if in any insane asylum. 52. The judges of the superior court, in their respective districts shall commit to the proper asylum, (if there be room therein) as a patient, any person who may be confined in jail, on a criminal charge of any kind or degree, or upon a peace warrant, whenever the judge shall be satisfied by the verdict of a jury of inquisition that the alleged criminal act was committed while such person was insane, and that such insanity continues; and also any person acquitted upon a criminal charge, where, on the trial of such person, insanity was relied upon as a defense: provided, the fact of insanity was found as a distinct issue to exist at the time of such trial, or is so found by a jury of inquisition as such judge. may direct. A copy of such finding in any of the above cases shall accompany the committal.

charges and persons acquitted of crimes, who

are found to be insane.

Ch. 57, § 9. Proceedings when im

prisoned for crime, in

sanity ensuing.

53. Whenever any person shall be confined in any jail charged with a criminal offense, and it shall be suggested to the court, wherein such indictment is pending, that he is insane and incapable of being brought to trial, the court shall empanel a jury to inquire into the truth of the suggestion; and if the jury shall by their verdict find the prisoner to be insane, the judge may cause such prisoner to be removed to the asylum for the insane, or to be otherwise provided for, according to law, to the end that proper means be used for his cure.

54. No such proceedings shall prevent the trial of such person upon his becoming sane.

Ibid § 10. Tried on recovery.

Ch. 85, § 47.
When convict

Yerred to in

55. Whenever any convict of the penitentiary shall be found on examination by the superintendent of the to be trans- insane asylum, the chairman of the board of direcsane asylum. tors and the physician to the penitentiary, to be a lunatic or otherwise insane, it shall be lawful to transfer said insane convict from the penitentiary to the insane asylum, under such rules and regulations as apply to other insane persons: provided, such convict's term of imprisonment unexpired shall not be less than three months.

OHIO.