The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1850-05-31
g. AZ n ,nv nerson r., = 65,;..oon 5;.o AMI


SEC. 45. If any person in prison shall,
after the commission Of an offence and before
convictions, become insane, whether he be in |
needy circumstances or not, and whether in |
dicted or not, an examining court may be
called IN the manner proVidedin the act'en-
titled ian act directing the mode of trial in !
criminal cases." passed March, 7thi 1881; |
] (Collated Stat. 724;) and if such court shall
find that shch person became insane after
the commission of the crime or mlsdemean-
or of which he stands, charged or indicted,
aud is still insane, the said court and the
Clerk thereof, shall proceed, andjthe prison.
er shall for the time being aud until restored
TO reason, be dealt with in like manner as
ether lunatlcs are required 10 be after inquest
had by two Justices; Provided, however, that
if such lunatic be dlschargedi the bond CIV
en- for his support 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 in the premises; and any such
lunatic may, when restored to reason. be
prosecuted for any offence committed by him
previous to such insanity.
| Sec AZ. If the lunatic mentioned in the
preceding section, shall be confined in the
asylum or poor house, the superintendent in
whose charge he may be, shall as soon as
such lunatic is restored to his reason, give
notice thereof 10 the prosecuting attorney o.
the proper county, and retain such lunatic in
custody for such reasonable time thereafter
as may be necessary for said attorney to
canse capias to issue and 10 DO served, and
no longer; and such cupias may be issued up
on precpe, fled by said attorney with the
clerk ofthe court of common pleas, by virtue
Whereof the said person so restored to rea-
son, shall be again retutned tU-the jail of the
proper county, to answer to the offence al
legged against him. ''e''i 7a' ''8 '' ~.
Sec. so. When person tried upon in
dictment for any crime or mlsdemeanor, shall
: be acquitted on the sole ground that he
1 was insane; the fact shall be found by the
e jury in their verdict. and the prisoner shall
d be dealt with as provided IN the two follow
Il ing sections. '.' fiH ,|" '' r-".
:, Sec. 81. If the prisoner is not in needy
y circumstances, and the court are satisfied
o from the nature of the offence or otherwise,
e that II would be unsafe TO permit the prlson-
s er to go at large, such prisoner shallbe dealt
g with in the manner provided in the twenty
eighth section ofths act
+ SEC 80. If the prisoner lie in needy cir
y cumstances, the court and the clerk of the
}, court shall proceed, aud. the prisoner shall
d be dealt with IN like manner as other insane
e persons are required to be, after inquest had
e by heiustices. la.., {....i ....... ...
l. SEC. 53. If any person after being con-
1t vlcted of any crime or misdemeanor, and be.
l. fore the execution, in whole Or in part o
the sentence of the court, become insane, il
;. shall be the duty of the governor ofthe State
1t to inquire into the facts, and he may pardon
j. such lnnatic, or commute or suspend for the
e time being, the execution, in such manner
l. and for such period as he may think proper
j. and may, by his warrantto the sheriff'of the
proper county, or Warden of the Ohio Pen
1t ltentiOry, order such lunatlc to be conveyed
l. to the asylum, and there kept until restored
ri to his reason II the Sentence of any suci
D. unatlc is suspended by the Governor, th'
rs seutence ofthe court shOll be executed upoI
l. him after such period of suspension hath ex
Of pired, unless otherwise directed by the Gov
'e ernor.. ... -.r....t t....... ...-.
10 SEC. 81. When any other persons thai
n tions, shull be confined in Jail, and shall b.
insane, they may be proceeded against b.
is two Justices, and sent TO the asylum, poo
IN bcusei or Jail, or discharged, upon bond be
is ing given for their safe keeping and support
O. or otherwise, as 10 other cases. .,,
Is vi. MISCELLANEOUS PROVISIONS.
nj SEC. 50. Should an insane person elop
as from the asylum and return 10 the coun;
DC from whence he was committed, it shall b
d. the duty of the sheriffof said county, upo
10 being notified by the superintendent, forth
ne with, to apprehend him and take him back t
us the asylum, and the sheriff shall he paid b
in the steward Of the asylum, by order of III
or superintendent, the same fees as is provide
III in other cases for the commitment Of insan
persons to the asylum, And before dschar
al gng any patient, the superintendent Of th
p asylum maygin his discretion, require bon
y to be executed 10 the State of Ohio, in sue
ne sum and with such sureties as he may deer
&c, proper, for the safe keeping Of such patien
he and no patient who has committed homicide
be shall be discharged without the consent
'al the superintendent, and the written disui:
sion of majority of the board of directors
a And no person who NAV be under charge fc
us homicide, or for any crime or mlsdemennt
'al punishable by confinement in the Peniel
NJ tiary, shall be admitted into the said asylum
e. without an inqusiion of luuacy as aboy
ID prescribed, previously had,
", SEC. So. For all debts due the lnnati
r. asylum, an action may be maintained in tn
name of "The Superintendent of the Obi
u Lunatic Asylum" and if the action is NJ
d. founded upon a sealed instrument, it may b
lr' in assumpsit, and the declaration, if any
gs necessary, in the common courts; and in an
w action upon any bond given for the suppoi
OF or expenses Of a pay patient, or many othe
action for the support of expenses ofa pt
'r- tlent, or for the expenses Of his remov'
er from the institution, the account thcreo
es officially certified by the superintendent q
OF treasurer, shall be the prima facia evidenc
u of the Indebtedness and interest shall b
IN chargeoble from the time the indebtedness
"a accrued, 'H l.asH H"faHat
at- Sec, 81. Prosecuting attorneys shall Al
81 tend to all suits instituted in behalfof' tn
asylum, and shall be entitled to compensr
gn tion Of five per cent, on all sums collecte
H. for the asylum.
ch SEC. So. The superintendent may provid
ay an official seal for the asylum, upon whic
e. shall be the words "Ohio Lunatic Asylum;
de the impression of said seal to a certificate c
account to which the signature of the supe
'e' ntendent is annexed, shall be prima faci
p evidence that such signature is the prope
n hand writing Of the superintendent
SEC, So If any clerk shall neglect
lis perform any duties enjeined upon him by tn
or act, he shall be removed from Office in III