Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-07-12

institution. his keepers or servants. nor the
trustees or agents OF the same, shall be liable.
civilly or criminally. for receiving or detain-
ing any person 80 committed or detained.
SEo. IL. The person or persons removing an
insane pers6n 10. and placing him In, such IN
stitution within this state, and also the person
or persons who. by their own free act and sc-
cord. and without any obligation imposed by
law, have become responsible for the payment
of the expenses Of any such person at such In
stitution. II necessary to terminate further re-
sponsdbility. but none other, shall have the
power of removing such person therefrom, ex-
cept as hereinafter provided.
SEQ. IA The superintendent OF such tnstitu-
ton for the insane within this state may, ON
the application Of any relative or friend, ani
with the appreciation, In writing, OF the visit
ing committee OF the trustees, discharge FROM
such institution any patient not committed by
process OF law.
SEC. Is. On petition OF any person confined
in such institution for the insane under the
provisions of this chapter, or of any person on
his behalf, TO justice OF the supreme court
setting forth that he has reason TO believe and
does believe that such person confined therein
IL not insane and Is unjustly deprived OF his
liberty, the said Justice shall issue a like COM
mission, as hereinbefore provided, for the pur-
pose Of inQuiring into the condition Of such
person.
6Eo. 10. In such case notice shall be served
upon the person confined as insane, and he
shall have the right 70 confer with counsel, 10
produce evidence and TO be present at the In
Quisition. Said petitioner and any counsel he
may employ and any witnesses he may desire
20 use shall have the right TO visit or examine
said insane person, either with the permission
Of the superintendent Of such institution, or ac-
cording to its rules or by special order Of the
Justice Issuing the commission.
SEQ. ~. The personal examination by the
commissioners OF such person detained as In
sane shall take place at the institution where
such person is detained, and not elsewhere ex-
cept by order Of the justice issuing the COM
mission; IL shall take place without the pres
ence OF the superintendent or any other person
connected with such institution; nor shall such
person 90 detained as insane be taken from the
institution upon any pretence or for any pur-
pose Whatsoever pending such commission, ex-
oept by special order Of the justice issuing such
commission.
SEC. Is. In other respects said commission
ers shall. with like powers, proceed and report
TO the justice In like manner as before provid-
ed, who, upon the coming In of said report,
may either confirm or disallow the same and
order the recommitment or discharge of such
person, or dismiss the petition altogether, as
the facts shall seem to require. And In case OF
commitment, such person shall thereafter be
detained by virtue OF and In accordance with
from such hospital or asylum.
SEC. 10. Nothing In this Chapter shall be so
construed a. to impair or abridge the right of
any person to the writ of habeas corpus; and
upon any application for such writ, II shall be
the duty of the court TO inquire and determine
as to the sanity or insanity or the necessity of
restraint of the person confined, at the time
such application was made. II II shall appear
TO the court necessary and proper II may In its
discretion direct an issue or issues touching the
sanity or insanity or the necessity for the re-
straint of the person 90 confined TO be framed
and submitted 10 q Jury. The jurors may be
those In attendance on the court, II In session
at the time of such hearing, or may be sum-
moned for the special purpose on writ of venire
facias issued upon the order Of the court. IL IL
appears upon the verdict of the jury. or II IL is
the opinion of the court, II not submitted TO
Jury, that the person 80 confined is not insane,
or that he Is not dangerous to himself or others
and ought not longer to be so confined, he shall
be discharged from such confinement
SEC. 20. No commission shall be issued by
Justice of the supreme court, either for the
purpose Of confining or discharging from con-
hnement an insane person, rs contemplated by
this Chapter, until the applicant therefor shall
nay, or satisfactorily secure, to said Justice, all
costs and expenses Of the application, process,
commission and commitment, as well as salts
fy him, II the application be for the confine-
~
OBTAINING such person In said institution for
the insane will be paid or secured to the satis-
faction of the proper authorities thereof: Pro-
vided, that no such payment or security shall
be required IN case the application Is made for
discharge by the person confined himself; in
such case the said costs shall be and constitute
4 charge against the estate of said applicant or
of the person committing him to such hospital
or asylum, or In case of poor and INDECENT per-
sons, against the state, such justice may or
der and determine. And the state auditor In
hereby directed to draw his warrant on the
general treasurer for any sum that may be Or
dered to be paid by the state by such justice.
SEC. q. The commissioners shall be allowed
q reasonable compensation in addition TO nee
essary expenses. to be allowed by the justice.
and they shall return In items their charges
for compensation and all costs and expenses of
lxecuting the commission, with their report,
Tor allowance by the Justice.
SEQ. 22. Whenever, on the trial OF any per-
son upon an Indictment. the accused shall -et
mp In defence thereto his insanity, the jury, II
they acquit such person upon such ground,
shall state that they have so acquitted him:
and IL the going at large of the person 80 ac-
Quilted shall be deemed by the court dfng. r
Gus to the public peace, the court shall certify
its opinion to that effect to the governor. who
upon the receipt of such certificate. may make
provision for the maintenance and support of
tut DtTSOu 30 hCQultttu. anu tiurt TuOH isti7ti
to be removed to the state asylum for the in
sane or other institution for the insane. either
within or without this state, during the con
tinuance of such insanity, and shall draw his
orders on the general treasurer, from time to
time, TO defray the expenses thereof.
SEC. 23. The estate OF any insane person re-
moved TO any Institution for the insane, pur-
suant to the preceding section, shall be liable
for the expense of his support and maiDte-
nance therein; and the general treasurer, In
behalf of the state, may, from time to time,
commence and prosecute to final Judgment
and execution, any proper action. suit or pro-
ceeding at law or In equity, against the estate
Of any such person, for the collection OF the
same.
SEC. "a. On petition of the board Of state
charities and corrections, setting forth that
any person convicted Of crime, and imprisoned
for the same In the state prison or In the Prov
idence county Jail, or Of the clerks of the SUI
preme court or court OF common pleas In the
other courts of the state, that any person 30
convicted and imprisoned In the jails OF their
respective counties, Is insane, idiotic or In such
. state OF impairment Of body or mind, or
both, as tends directly TO insanity, idiocy or
dementia or to a permanent incapacity for
mental or physical labor, any justice OF the
supreme court may order such examination OF
said person as In his discretion he shall deem
proper.
tice Il satisfied that the person thus imprisoned
n insane, or In any of the states Of mind or
body set forth In the preceding section. he may
order the removal OF such prisoner from the
state prison or any OF the jails aforesaid 20 he
detained In the state asylum for the insane, the
state almshouse, or in said Butler Hospital, ss
In his Judgment he shall deem best.
SEC %. Such order OF removal shall be fol-
and during the term Of said prisoners SEN
tence, and be directed TO the sheriff of the
county In which such prisoner stands com