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Parpons,commutation or suspension of execution by governor.

Other insane

persons con

fined in jail.

When sheriff

or other person neglects to perform his

duties.

When patient comes to asy.

lum with convicts.

Support of

lunatics not in jail or infirmary.

Definitions.

with in like manner as other insane persons are required to be after inquest had, as provided in the twenty-fifth section. SEC. 58. If any person, after being convicted of any crime or misdemeanor, and before the 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 commute or suspend, for the time being, the execution in such manner and for such a period as he may think proper, and may by his warrant to the sheriff of the proper county, or warden of the Ohio penitentiary, order such lunatic to be conveyed to the asylum, and there kept until restored to his reason. If the sentence of any such lunatic is suspended by the governor the sentence of the court shall be executed upon him after such period of suspension hath expired, unless otherwise directed by the governor.

SEC. 59. When any other persons than those described in the seven preceding sections shall be confined in jail, and shall be insane, they may be proceded against by the probate judge, and sent to the asylum, infirmary, or jail, or discharged, upon bond being given for their safe keeping and support or otherwise as in other cases.

SEC. 60. If the probate judge, sheriff, or any other person charged with duties under this act shall neglect or refuse to perform any such duties, he shall forfeit a sum not exceeding fifty dollars, to be recovered with cost, by an action under the act to establish a code of civil procedure, passed March 11, 1853, in the name of the superintendent, for the use of the asylum in his district, or shall be removed from office in the same manner as for any other neglect of duty. And if any insane person shall be conveyed to the asylum, before the superintendent shall have given notice that he can be received as hereinbefore provided, no fees or compensation whatever shall be paid to those by whom he was so conveyed.

SEC. 61. If any person conveying a patient to the asylum, under the provisions of this act, shall convey such patient in company with criminals going to the penitentiary, or shall suffer such patient to drink ardent spirits, the person so conveying him, and his assistants, shall forfeit all claim to the compensation allowed them by this act, and moreover, shall be liable to the penalty prescribed in section sixty of this

act.

SEC. 62. The board of county commissioners may allow any sum not exceeding fifty dollars per year, to be paid out of the county treasury, for the support of any idiot or lunatic having a legal settlement in any township of the county, and who is not supported, by the county, in the jail or infirmary.

SEC. 63. The terms insane and lunatic, as used in this act, include every species of insanity or mental derangement.

The term idiot is restricted to a person foolish from birth, one supposed to be naturally without a mind. A person with a family is one who has a wife and child, or either. The words "needy circumstances," as used in the fifty-seventh section of this act, shall be held to apply only to such persons as are described in the fifty-second section of this act, and when applied to a person without a family, shall mean one whose estate, after payment of his debts and excluding from the estimate such part of his estate as is exempt from execution, is worth less in cash than five hundred dollars; and the same words, when applied to a person having a family, shall mean one whose estate, estimated as aforesaid, is worth less in cash, after payment of his debts and the support of his family for one year, than one thousand dollars; Provided, that when the said words are applied to a married woman, her estate, and that of her husband, shall be estimated as aforesaid, and the amount shall determine the question as aforesaid, whether she be in needy circumstances or not, within the meaning of this act.

SEC. 64. If there be no physician employed for a stated Judge may time to attend the jail or infirmary, the judge may employ a employ a physician to attend any idiot or lunatic confined therein, and physician. the physician so employed shall receive a compensation not exceeding the rate of two dollars per day: Provided, that the county commissioners may, if they deem it proper, increase or diminish the same, which compe nsation shall, inall such cases be paid out of the county treasury.

SEC. 65. All laws in force in relation to the "Ohio lunatic Laws in force. asylum," shall apply to all the asylums herein named.

SEC. 66. The several boards of trustees having charge of Present the several asylums herein named shall continue in charge boards. of the said asylums with all the powers they now possess

until the several boards herein provided for shall meet and organize.

SEC. 67. The salaries of the superintendunt and other Salaries. officers contemplated in this act shall be the same as the salaries now fixed by law for the same officers in the "Ohio lunatic asylum."

SEC. 68. The act entitled "an act to provide for the Acts repealed. government of the Ohio lunatic asylum, and the care of idiots and the insane," passed March 19, 1850, and an act entitled "an act to amend an act entiled an act for the government of the Ohio lunatic asylum, and for the care of idiots and the insane, passed March 19, 1850," which amendatory act was passed March 4, 1851, and the act entitled "an act to provide for the erection of two additional lunatic asylums," passed April 30, 1852, be, and they are hereby repealed.

SEC. 69. All rights accrued and all proceedings now Rights saved. pending, shall in nowise be affected by this act, but the same shall be governed by the laws now in force.

Take effect.

SEC. 70. This act shall take effect and be in force from

and after its passage.

N. H. VAN VORHES, Speaker of the House of Representatives. THOMAS H. FORD,

President of the Senate.

April 7, 1856.

Trustees of

blind & deaf & dumb asy

lums.

Oath.

Terms of office

Officers.

Powers.

ries

AN ACT

To provide for the regulation and management of the Institutions of the Blind, and of the Deaf and Dumb.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the institutions of the blind and the deaf and dumb, shall be placed under the control of separate boards of trustees, consisting of three members each, two of whom shall reside in the city of Columbus.

They shall take an oath faithfully to discharge the duties required of them by law; said board shall be appointed immediately after the passage of this act. The first named for one year, the second for two years, and the third for three years; and as their terms of service shall expire, their successors shall be appointed for the term of three years.

SEC. 2. That each board shall appoint from their number a president to preside at their meetings, and a secretary to record, attest and preserve its proceedings.

SEC. 3. That each board of trustees shall have the government and control of its respective institution, with power to appoint and remove for sufficient cause, the superintendent and teachers; to fix the compensation which each shall Limit of sala- receive, provided that the superintendent of the blind asylum shall receive a sum for his services not exceeding one thousand dollars per annum, the superintendent of the deaf and dumb asylum, a sum not exceeding twelve hundred dollars per annum, and the stewards a sum not exceeding five hundred dollars each per annum, and with the superintendent, to make such general rules for its management, as they shall deem most conducive to its usefulness.

Reports.

SEC. 4. That each board and the superintendent shall meet annually, on the first Tuesday of November at their respective institutions, and make reports of the condition and wants of the institution, which reports shall contain the name of every person employed in the institution, and the amount paid to each, with a detailed account of the receipts and ex

penditures of the institution, from all sources and for all purposes whatever, and present the same to the governor.

SEC. 5. That there shall be visitations and thorough ex- Visitations. aminations of each institution monthly, by one or more, and quarterly by a majority of the board; at such examinations the board shall draw up and place on record a detailed statement of the condition of the institution, which record shall be subject to the order of the general assembly, and at all times open to the inspection of the committees of the legislature on benevolent institutions.

SEC. 6. That the superintendents shall reside in the insti- Superintendtutions, and shall have the entire control and management ents. of their internal affairs in all departments, and shall be responsible to the trustees for their proper and efficient management, and for the faithful service of all persons engaged therein, and shall have power to nominate the teachers and other officers employed in the institutions and to discharge the same by and with the consent of the boards.

SEC. 7. That each board shall appoint a steward who Steward. shall be well skilled in making purchases and keeping accounts, who shall give bonds in the sum of two thousand dollars to the state of Ohio, that shall be satisfactory to the trustees, for the faithful performance of all his duties; and shall, under the direction of the superintendent, purchase the necessary supplies for the institution at their lowest cash value, and shall see that the grounds and other property of the state are properly preserved and kept in order, and perform such other duties as may be assigned him by the superintendent.

SEC. 8 The superintendent of each institution shall em- Attendants ploy such attendants, servants and other persons, as he may deem necessary for the efficient and economical management of the institution, assign them their respective places and duties, and may at any time discharge them from service.

SEC. 9. The treasurer of state shall, from time to time, Money to meet advance the steward of each institution on his own order, current exendorsed by the superintendent and two of the trustees, on a penses. warrant from the auditor of state, a sum not exceeding one thousand dollars at one time, to meet current expenses. The steward shall keep an accurate account in detail, always Steward's ac open to the inspection of the superintendent and trustees, counts. of all expenses paid out of the sums so advanced by the treasurer, and shall settle the same with the trustees and superintendent monthly or oftener if required, and shall account for the sum advanced before another order is approved. SEC. 10. That no member of the Board of trustees and no officer of either of said institutions shall be in any manner, directly or indirectly, privately interested in the purchase or

Trustees and officers to

have no inter

est.

7-LAWS.

Expenses of

trustees.

Sections repealed.

sale of any article, building material or supply for the use of either institution.

SEC. 11. That the trustees provided for in this act shall perform all the duties required of them gratuitously; provided, however, that their necessary expenses shall be paid, while necessarily engaged in the discharge of their official duties; such payment to be made out of the state treasury on a warrant of the auditor of state.

SEC. 12. That so much of section one of the act to amend certain acts in relation to the asylums of the deaf and dumb, and for the blind, passed March 2d, 1846, also, of an act to re-organize the benevolent institutions of the state of Ohio, passed April 28, 1852; also of an act to amend the act to reorganize the benevolent institutions of the state of Ohio, passed May 1, 1854, as conflicts with the provisions of this act be, and the same are hereby repealed.

N. H. VAN VORHES, Speaker of the House of Representatives. THOMAS H. FORD,

President of the Senate.

April 8, 1856.

Notice to own.

ers, of receipt of property.

Sale of prop. erty not taken away.

AN ACT

Authorizing the sale of property for charges in certain cases.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That all warehouse men, transportation companies, or railroad companies, shall, on the receipt of property in their warehouse, depot stations, or within thirty days thereafter, notify the owner or owners by letter or otherwise, (provided such property is plainly marked with the owner's name and place of residence) that such property is held by them subject to charges.

SEC. 2. That if such owner, or owners, shall neglect to call, pay charges, and take their property away within six months from the time notice shall have been given as required in section one of this act, such warehouse men, transportation companies, or railroad companies, may sell the said property to the highest bidder at auction, by advertising the same thirty days in two of the papers published in the county of general circulation.

SEC. 3 Disposition of

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moneys ari

sing from

sale.

That all moneys so received from the sale of such property, after deducting all charges and other expenses, shall be held by such warehouse men, transportation company, or railroad company, one year from the day of

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