Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1850-07-04
LAWS OF OHIO.

torney Oi the PIOPoA OOohtgs ouo ic-
tain such lunatic in custody for such
reasonable time thereafter as may be
necessary Cor said attorney to cause
a capias to issue and to be served,
and no longer; and such capias may
be issued upon precipe, filed by said
attorney with the clerk Of the court
ofcommon pleas, by virtue whereof,
the said person SO restored to reason,
shall be again returned to the jail oil
the proper county, TO answer to the
offence alleged against him.
SEC. so. When person tired uP-
on Indictment for any crime or mis-
demeanor, shall be acquitted on the
sole ground that he was insane, the
fact Shall be found by the jury in
their verdict, and the prisoner shall
be dealt with as provided in the two
following sections.
SEC. 81. If the prisoner is not in
needy circumstances, and the court
are satisfied from the nature of the
offence or otherwise, that it would
be unsafe to permit the prisoner to
go at large, such prisoner shall be
dealt with in the manner provided
in the twenty-eighth section OF this
act.
SEc. 50. If the prisoner is in
needy circumstances, the court and
the clerk of the court shall proceed,
and the prisoner shall be dealt with
in like manner as other insane per-
sons are required to be, after inquest
had by the justices.
SEC. 50. If any person after being
convicted Of any crime or misde-
meanor, and before ths execution
in whole or in part, Of the sentence
of the court, become insane, it shall
be the duty of the Governor of the
State, to inquire into the facts, and
he may pardon such lunatic, or CON-
mute or suspend for the time being
the execution, in such manner and
for such period as he may think prop
er, and may, by his warrant TO the
sheriff of the proper county, or
Warden of the Ohio Penitentiary, or.
der such lunatic TO be conveyed &c
the asylum, and there kept until re-
stored to his reason. If the sentence
of any such lunatic is suspended b.
the Governor, the sentence OF the
court shall be executed upon him af
ter such period of suspension hath
expired, unless otherwise directed by
the Governor.
SEC. 81. When any other person:
than those described in the seven
preceding sections, shall be confined
in Jail, and shall be insane, they may
be proceeded against by two juSti
ces, and sent to the asylum, pooI
house, or Jail, or discharged, upon
bond being given for their safe keep
ing and support, or otherwise, as il
other cases.
vi. MISCELLANEOUS PROVISIONS.
SEC. SIS. Should an insane per
son elope from the asylum, and re-
turn to The county from whence he
was conlafitted, it shall be the duty
of the sheriff OF said county, upon
being notified by the superintendent
forthwith TO apprehend him and
take him back TO the asylum, and
the sheriff shall be paid by the stew.
ard of the asylum, by order of the
superintendent, the same fees as il
provided in other cases for the COM
mitmeut ofinsane persons to the as
YUM. And before discharging any
patient, the superintendent of the
asylum may, in his discretion, require
bond to be executed to the State
of Ohio, in such sun and with such
shreties as he may deem proper, for
the safe keeping Of such patient; and
no patient who has committed homi
eide, shall be discharged without the
consent of the superintendent, anC
the written dismission of a majority
of the board of directors. And nc
person who may be under charge lol
homicide, or for any crime or misde
meanor punishable by confinement
in the penitentiary, shall be admit
ted into the said asylum without al
inquisition of lunacy as above pre-
scribed previously had.
SEC. Sc. For all debts due tht
lunatic asylum, an action may b'
maintained in the name Of "The Su
perintendent of the Ohio LunatiC
Asylum" and if the action is moi
founded upon a sealed instrument
it may be in assumpsit, and th'
declaration, if any is necessary
In the common counts; and in any
action upon any bond given for tht
support or expenses Of a pay patient
or in any other action for the sup
port or expenses of a patient, or fol
the expenses of his removal from
the institution, the account thereof
officially certified by the superin
tendent or treasurer, shall be prim;
facie evidence OF the Indebtedness
and interest shall be ckargeable from
the time the Indebtedness accrued.