pau asylum regu lated. a longer period than five days, unless in the opinion Insane pa of the agent of state charities and corrections, he is pers in town 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. 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 bid § 6. days, the agent of state charities and corrections not removing 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. Insane pa tients for pay 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 treat- ceived. ment 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. persons ac- quitted on in cause 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. Ibid § 24. 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 supcollected. 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 or examination 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. Of of convicts insaue, 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. 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. bid § 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 utes of 1882, § 1584. Governor to appoint nine com CRIMINAL INSANE. 27. Commitment to asylum, liability for support when not a pauper. 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 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. Regents to 3. The regents shall report annually to the legislature the state and condition of the institution, fully and par- $1597. ticularly; and they shall also annually report to the report to comptroller-general the amount of income of said ture. institution, and the amount of expenditures, and the items thereof. the legisla § 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, §1399. so much of Pickens street, in the city of Columbia, May close up 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. certain 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 officers, 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 (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. idiots, etc., by etc. (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 |