The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1850-07-01


in such sum and with such sureties IS he
may deem proper, for the safe keeping OF
such patient and no patient who has COM
mitted homicide, shall Be discharged without
the consent Of The superintendent and the
written dismission offs majority Of the board
Of directors. And no person who may be
under charge for homicide, or for any crime
or misdemeanor punishable by confinement
in the Penitentiary, shall be admitted into
the said asylum, without an inquisition Of
lunacy as above prescribed, previously had.
SIC. Sc. For all debts due the lunatic
asylum, an action may be maintained in the
name Of "The Superintendent Of the Ohio
Lunatic Asylum" and II the action is not
founded upon sealed instrument, il may
be in assumpsit, and the declaration, if any
is necessary, in the common counts and in
any action upon any bond given for the sup
port or expenses Of . pay patient, or in any
other action :orthe support or expenses Of a
patient, or for the expenses Of his removal
from the institution, the account thereof,
officially certified by the superintendent or
treasurer, shall be prima facie evidence Of
the indebtedness, and interest shall be
chargeable from the time the indebtedness
accrued.
SEC. 81. Prosecuting attorneys shall at
tend to all suits instituted in behalf of the
asylum, and shall be entitled to compen-
sation Of five per cent. on all sums collect
ed for the asylum.
SEC. 56. The superintendent may pro-
vide an official seal for the asylum, upon
which shall be the words "0hio Lunatic
Asylum" the impression Of said seal to a
certificate oraccount to which the signature
of the superintendent is annexed, shall be
prima facia evidence that such signature is
the proper hand writing Of the superlntend-
ent.
SEC. So. If any clerk shall neglect to
perform any duties enjoined upon him by
this act, he shall be removed from Office in
the same manner as for neglect Of any du-
~. =.
SEC. GO. The board Of county commits
sioners may allow any sum not exceeding
fifty dollars per year, to be paid out Of the
county treasury, for the support Of any idiot
or lunatic having lega! settlement in any
township of the county, and who is not
supported by the county, in the Jail or poor
house.
SIC. 6l. The taxable costs and expenses,
to be paid under the provisions of this act,
shall be as follows:
To the justice with whom the statement
is filed, one dollar and fifty cents.
To the other justice, one dollar.
To the medical witness, who shall make
out a certificate as required by the sixteenth
section of this act, three dollars.
To the other witnesses and constable, the
same fees as are allowed by law for the like
services in other cases.
To the clerk of the cour. Of common pleas,
in the case of each lunatic found by the in
quest to be entitled to admission into the
asylum, or sent to the asylum upon the
clerks certificate, two dollars; and the a.
mount Of postage upon all communication
to and from the superintendent, which said
clerk is hereby required to pay. In the case
Of other lunatics and Of idiols, wherein he
shall act, one dollar each.
To each person employed by the clerk Il
commit lunatic or idiot to the poor .houst
or jail, seventy-five cents per day.
To the superintendent Of the poor house
or jailor, for keeping any idiot or lunatic
thirty-seven and one half cents per day.
To the sheriff, for taking patient to the
asylum or removing one therefrom, upon thu
warrant Of the clerk, mileage, going and re.
turning, at the rate of ten cents per mile
and seventy-fve cents per day for the sup.
port Of each patient, on his way 10 or from
the asylum.
To each assistant allowed BY the clerk
and accompanying the sheriff, mileage, al
the rate of eight cents per mile, for going
and returning. The computation in both
instances to be made from the county seat
to the asylum by the nearest route usually
Travelled.
II there be no physician employed, for a
stated time, to attend the Jail or poor house,
the clerk may employ physician to attend
any idiot or lunatic confined therein, and the
physician SO employed shall receive COM
pensa:ion not exceeding the rate of two dol
lars per day provided that the county COM
missioners may, if they deem it proper, in
crease or diminish the same.
The costs specified in this section shall be
paid out Of the county treasury, upon the
certificate of the clerk and the order Of the
county auditor.
SEC. 62. The terms insane and lunatic,
as used in this act, include every species Of
insanity or mental arrangement.
The term idiot is restricted to a person
foolish from birth-one supposed to be ma
turally without mind.
A person with family is one who has a
wife and child, or either
The words needy circumstances" when
applied to person without family, shall
mean one whose estate, after payment Of his
debts and excluding from the estimate such
part Of his estate as is exempt from execu.
tion, is worth less in cash than five hundred
dollars; and the same words when applied
to a person having family, shall mean one
whose estate, estimated as aforesaid, is worth
less in cash. after payment Of his debts and
the support Of his family for one year, than
one thousand dollars: Provided that, when
the said words are applied to a married wo-
man, her estate, and that Of her husband,
shall be estimated as aforesaid, and the a.
mount shall determine the question as afore-
said, whether she be in needy circumstances
or not, within the meaning Of this act.
State patients are those supported in the
asylum at the expense Of the State; pay pa
tients are those supported in the asylum BY
their friends, or from the proceeds Of their