The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1856-06-11

shall be next preferred. Thirl. Those
for whom applications have been longest
on file. other things being equal, shall he
nextpreferred. Fourth. II oconnty shall
have in any institution more than its just
proportion according to the number of
insane persons therein, as provided in the
nineteenth section of this act, except in
eases where some other county in the same
asylum district shall not have q sufficient
number of l~unatics to gill up its proper
ton. In such cases the superintendent
may admit from any county more than its
just proportion. giving preference to pa
tiepts applying as hereiabefore provided.
SECTION so. When any patient dis
charged from an asylum as cured shall
again become insane, and any respectable
physician shall file with the probate Judge
of the county of which said insane per-
son shallbe an inhabitant, an affidavit
setting forth the fact of the recurrence Of
the disease, and such other facts relating
thereto as he may deem proper, the pro-
bate Judge shall forthwith transmit u copy
OF such affidavit, authenticated by his Off
.cial seal, to the superintendent Of the
proper asylum, and thereupon the same
proceeding shall be had as provided in
this act for persons found to be insane
upon inquest held for that purpose.
SECTION 81. All persons confined as
insane shall be entitled to the benefit of
the writ Of habeas corpus, and the ques-
ton of insanity shall be decided at the
hearing; and if the judge shall decide
that the person is insane, such decision
shall be no bar to the issuing of the writ
Il second time, whenever it shall be alleged
that such person has been restored to
reason. 1
SECTION 50. Pauper idiots and luna
ties not within the meaning of this act,
and those discharged from the asylum,
shall be provided for in the same manner
as other poor.
SECTION 33. In all cases of inquests
held under the provisions of this act, the
probate Judge shall file and carefully pre-
serve all papers fled with him. and shall
make such entries upon his docket as will,
together with the papers fled as aforesaid,
preserve a perfect record of each case
tried 10y him.
SECTION "a. In all cases in which
any patient shall die in either of the asy-
Ilums of this State, it shall be the duty of
the superintendent of the asylum to i'm
mediately notify the relatives of such de-
ceased patient, if known to him, and if
not so known, he shall immediately notify
the probate judge Of the county from
which such patient was sent, who shall
forthwith cause a notice of the death of
such patient to be published in two of the
leading newspapers printed in such county.
SECTION 35. If any patient shall es-
cape from any asylum of this State, and
return to the county from whence he was
committed, it shall be the duty Of the
sheriff of such county, when notified by
the superintendent, to forthwith arrest
such patient aud return him to the asylum,
for which services the sheriff shall be al
lowed and paid such fees as shall be al
lowed by law for the commitment of in
sane persons to the asylum. which fees
shall be paid out Of the State treasury, on
the certificate of the superintendent, and
warrant of the auditor of State.
SECTION. So. If the friends of any
patient shall ask the discharge of such
patient from the asylum, the superinten.
dent may, in his discretion, require a bond
to be executed to the State of Ohio, in
such sum and with such s~ureties as he
may deem proper, conditioned for the
safe keeping of such patient; Provided,
that no patient who may be under the
charge of or convicted of homicide, shall
be discharged without the consent Of the
superintendent and the board of trustees
having the charge of such asylum.
SECTION 81. For all debts due the
~lunatic asylums of the State, an action
may be maintained in the name of the
superintendent of the asylum to which
sachNdebt may lie due, and in such action
the plaintiff shall be styled "The Super
~intendent of the Lunatic Asylum at 10y
SECTION 3s. Prosecuting Attorneys
shall attend to all suits Instituted in be.
half of the asylums of the State, and shall
be entitled to a compensation of FIVE per
cent. on all sums collected for the asy.
lums.
l. SECTION SO. The superintendent o.
the several asylums shall provide an Off,
eial seal for snch asylums, upon which shall
be the words "Lanatic Asylum att
Ohio" and the impression OF said seal to 8
certificate or account. 10 which the sigma
ture of the superintendent is annexed
shall be prima facia evidence that sucf
signature is the proper hand writing o
the superintendent,
SECTION 40. The taxable costs ant
expenses to be paid nnder the provision
of this act, shall be as follows: To tn,
probate judge, with whom the affidavit i
fled, the sun of two dollars, for holding
an honest under the provisions of thi