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

s
discharged, or TO be delivered to his fTien,
as the case may be,sand where an idiot
i9natlc shaliibe 50 confined, he shall not B
discharged or removed, except uponSt The 81
der OF warrant of the clerk, as heeinbefof
mentioned; Provided, that nothing ileFeI
contained shalIbe SO oconstrned as 10 denriv
the person SO confined, of the benefit Of IL
!. writ OF habeas corpus. ,e NJ
SEC. ~. Any patient may be DISCHARGE
from the asylum, upon the applicationof III
superlntendentt TO one Of the directors. All
such directors order thereupon, IncBra6l,
and harmless patients shall Be discl,aygei
whenever such discharge is necessary 4
make room for recent case from tbe sam,
county. - -
SEc. III. Whenever an order shall b.
made out for the removal of a State patieDl|
from The asylum, the superintendent Shall
Immediately give notice thereof. under Nil
ofnclal seal, 10 the clerk Of the court ofcon.|
mon pleas OF the county from which sucb
patient was sent, and thereupon such clerk
shall forthwith issue his warrant 10 the sher.
iff OF said county, which warrant stall 81
substantially, as follows:
The State os Ohio, --- county. SIS
Clerks Office Of the Court Of Common Pleas
whereas, the proper authority has direct
ed tnat -----, a patient in the Ohio Lunatic
Asylum, from this county, he removed from
SAID asylum you are therefore hereby COM
manded forthwith to remove said patient
ana e.urn MIN TO ~ township, in this
county, where ne had a legal settlement|
when ne was taken to said sylum. 7,
witness my hand and seal Of Office, ,this
-- day of --, A. d. -
Immediately upon receiving such war
rant, It shall be the duty of the sheriff. Nv
himself or deputy, forthwith to execute the
same and returnit 10 the clerk by whom Il
was issued; and if any clerk npon receiving
such notice, shall refuse or neglect for the
space OF tive days to issue and place such
warrant in the hands Of the sheriff, Or If such
sherlH snail refuse TO receive the same. or
Shall neglect forthe space Of twenty days a e
Ter receiving the warrant, 10 demand such
patient of the superintendent, the patient
Shall be charged from the date of The notice
to the clerk until his removal. at the same
rates as pay patients, and the amount Of
secn charges may be recovered in an action
Oh assumpsit upon the common counts, with
costs OF suit in the name of the superin-
tenaent, against the clerk or sheriff SO Of
Sec. S2. When State patient is dis
charged as cured, the superinte udent NAV
furnish him with suitable CLOTHING. and sum
oi : money not exceeding twenty dollars il
ne deems il necessary sss "
SEC. 80. No IDIOT shall be admitted into
.ile asylum, and every such patient therein
shall be discharged, and no lunatic under
'ne age OF seven years shall be admitted.
SEC. "a. If application shall be made
ior the admission Of more patients than the
institution can receive, a selection shall be
LIST. Recent cases, Ii. e.l where the dis.
ease is of less than one years duration. shall
have the preference over all others in the
same county. :,
"a: Chronic cases, ii. e.)where the dis
ease is Of more than one wears duration
p'esenung the most favorable prospect Of
recovery; shall be next preferred.
3D. Those for whom applications have
oeen longest on file, other things being e.
qual, shall be next preferred.
4lh. No county shall have in the instittl.
uoa more than its just proportion according
to It's population. - -
OH. No distinction shall be made be-
tween pay patients and State patients. ~
SEC. 30. Pauper idiois and lunai;cs, moi
yl Wl'nln Inc provisions OF this act, and those
uiisedprged uissI from the asylum, shall be pro-
Vloea ior In the same manner as other
IS SEC. e., 8e. When any State patient dis.
chaTged from the asylum as cured. shall
aga,n become insane, any respectable pbysi-
cian may file with the clerk Of The conrt. az
common pleas, certificate, setting forth the
recurrence of the disease and such facts
ana an suggestions relating thereto, as he may.
oeein material /; upon receiving such certif.
cate, me clerk shall Immediately transmit a
copy lhereoi, authenticated BY his official
seal 10 the superintendent, and thereuuon
lne same proceedings shall be had i'm ali re-
speGs as when the certificate Of the iustice
holding the inquest was transmitted. ~ ~
DEC ~ When any person shall be con-.
nned as insane, a writ OF habeas corpus NAV
pe Issued as IN other cases, for his discharue.
and the question Of insanity shall be dsc;dissJ
stmt a. me nearing; Provided, that if the Judge
slla.. ueeide that the person is insane. the
decision shallbe no bar to the issuing of an.
otner wlt, wheneverit it shall be slledoed
tnat 10y such person has since been restored to
reason. Nseu -
~. oF GUARDIANS oFlDIoTs AND LuNArics.
SEQ. 30. The cortot common pless Z,
any general or special term, and mon ss,;s,
factory proof that any person resident of ihs ia
copnyspr having settlement in any town ",
smp thereof, is an IDIOT or Iunatic ma : ~ 4
pomt GUARDIAN for such IDIOT Or lnnaf;cs
i PFC. ~. Such guardian shall, by virtue
y. susn appointment, be the guardian Of
tne minor children Of his ward, unless he
cour. appoint some other person as their
guardian. N y ~ y
SEC. 40. All laws relating to guardians
LOT minors and their wards. and Mi law
pointing out the duties, rights and l;sb,I;s;ss
ol such guardians and their snreties n forcs
ior tne time being shall be aunlieSfls y
guatdlansfor idiots and lhnStits a6d sbs;,
u.i'uiel SO iar as the same are in conformity
withthe proyisionsof this act.
SEc. Al. Such guardian may sue N AZ
own name, describing himself ss euard;aa ~, ~
lhe ward Tor whom be sues. and wbhn III
guardianship shall cease bv lis death
~, moya' y otoInerTlse ! q BY lhe decssse Of bis
waia; " sa; any SUIT action d proceeding then
pending, shall not abate, bit his s0ccessof
.as GUARDIAN orsuchidiot Fortunate, II he Be