Abstract of the statutes of the United States and of the several states and territories, relating to the custody of the insane / By Charles F. Folsom, with the assistance of Hollis R. Bailey.

  • Folsom, Charles Follen, 1842-1907.
Date:
1884
Catalogue details

Licence: Public Domain Mark

Credit: Abstract of the statutes of the United States and of the several states and territories, relating to the custody of the insane / By Charles F. Folsom, with the assistance of Hollis R. Bailey. Source: Wellcome Collection.

Provider: This material has been provided by the Harvey Cushing/John Hay Whitney Medical Library at Yale University, through the Medical Heritage Library. The original may be consulted at the Harvey Cushing/John Hay Whitney Medical Library at Yale University.

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    appoint a guardian of his person and estate. Every guardian so appointed shall have the care and custody of the person of his ward, and the man- agement of his estate. If, in a capital case, after judgment of death there be good reason to suppose the defendant has become insane, the sheriff, with the concurrence of the judge who rendered judgment, may summon a jury of twelve persons to inquire into the question of the supposed insanity, and shall give notice to the district attorney. If insanity be found, the sheriff shall suspend the execution until he receives a warrant from the Governor or the judge of the court by which judgment was rendered. The Governor may appoint a day for the execution of the judgment in case of recovery. When an indictment is called for trial, or a person upon conviction is brought up for judgment, if there is a doubt as to his sanity, the court shall order the question to be submitted to the regular jury, or may order a jury to be summoned, in the way above described, to try the question. If the jury find that he is insane, the trial or judgment, as the case may be, shall be suspended until restoration to sanity; and the court, if it deem a discharge dangerous to the public peace or safety, may order a commitment to the custody of some proper person, who must detain the prisoner until he becomes sane. Upon his recovery, notice must be given to the sheriff and district attorney, and the sheriff shall, without delay, place him in proper custody until he be brought to trial or judgment, or otherwise legally discharged. The expenses of his care and custody shall be borne, in the first instance, by the county where the indictment was found; but the amount may be recovered back from the estate of the defendant, or from any person or place bound to maintain him. ILLINOIS.1 Preference is given to recent and curable cases, and also to patients who are violent or otherwise troublesome, when the asylums are crowded. The Board of Commissioners of Public Charities shall visit the insane hospital and other places where the insane are confined and exercise a power of supervision. They may examine persons under oath, and they shall report annually to the Governor. All patients, residents of the State, may be kept free of charge (each county paying for the support of its insane patients). If a patient is able and willing to pay for his support, he may do so. If there is room in the hospitals, residents of other States may be admitted as patients, upon the payment of the cost of their treatment. When any person is supposed to be insane, a petition is sent to the 1 Revised Statutes of Illinois, Cothran's Annotated Edition, 1881, pp. 197-210, 363, 507, 508, 950-955, 1076. Laws of Illinois, 1881, pp. 151-153.