South Carolina - Acts on Education Topics

An Act to Amend an Act Entitled "An Act to Carry Into Operation the Lunatic Asylum."

December 18, 1829

The Statutes at Large of South Carolina - Volume VI, Pages 382-383.

I. Be if enacted by the Senate and House of Representatives, That the officers of the Lunatic Asylum, residing within the walls, shall be, and they are herehy, exempted from performing militia duty, patrol duty, and from working on the streets in the town of Columbia; and that whenever the testimony of any such officer shall be required in a court of justice, in a civil cause, the same may be taken by commission; nor shall his or her personal presence be required, unless it shall be made to appear to the court by affidavit, that justice cannot be done without such personal presence in court.

II. Transient paupers, lunatics, idiots or epileptics, sent to the Asylum by virtue of the existing laws, shall be supported at the public expense; and the Regents are hereby authorized to draw from the treasury for every such lunatic, eighty dollars per annum, until the Regents shall have ascertained the former permanent domicile of such lunatic, when they shall be supported by the district to which he or they shall belong: And it shall be the duty of the Regents to report specially to every Legislature, the whole number of this class of lunatics, idiots or epileptics, while they remain a charge upon the public treasury.

III. The Regents shall not be required to exact half-yearly advances for the admission into the Asylum of such subjects as may be deemed curable, and likely to be speedily discharged, but only such advances as they may deem the nature of the case to require.

IV. The Regents are hereby authorized to draw from the treasury, for the support of the institution, the sum of five thousand and three dollars and thirty-nine cents, being the undrawn balance of former appropriations for the Lunatic Asylum.

V. The Chancellors of the State are hereby fully empowered to order any lunatic, idiot or epileptic, under the charge of the court of equity, to be sent to the Lunatic Asylum, and to make and enforce, at chambers, such orders on the committee as may be necessary to provide for the charges attending the same.

VI. And be it enacted, That the commissioners of the poor shall be authorized to send all pauper lunatics, idiots and epileptics in their several districts and parishes to the Lunatic Asylum; and each board shall pay the Regents of the Asylum, eighty dollars per annum for every such pauper sent thereto. No pauper lunatic, idiot or epileptic, shall hereafter be confined for safe keeping in any jail; and if any such person shall be imprisoned under and by virtue of any legal process, it shall be the duty of the sheriff in whose custody he may be, to obtain his discharge as speedily as possible, and send him forthwith to the Asylum, as above directed, at the expense of the board of commissioners within whose limits he shall have gained a settlement.

VII. The judges of the court of sessions are hereby authorized to send to the Lunatic Asylum every person charged with the commission of any criminal offence, who shall, upon the trial before them, prove to be non compos mentis; and the said judges are authorized to make all necessary orders to cany into effect this power. Where the person so sent is a pauper, he shall be supported by the commissioners of the poor, or the municipal authorities of towns or cities, as the case may be; and where the person is not a pauper, he shall be supported out of his own estate, according to regulations to be prescribed by the court, as on a return to a writ de Lunatico inquirendo. Every person now confined in jail in consequence of having been found non compos mentis, shall be subject to the provisions of this clause. And it shall be the duty of the jailors of the several districts, at the sitting of each court of sessions, to report to the presiding judge the names of the persons confined in jail who are lunatics, idiots or epihiptics, with the cause of their detention.

In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and twenty-nine, and in the fifty-fourth year of the Independence of the United States of America.

H. DEAS, President of the Senate.
B. F. DUNKIN, Speaker of the House of Representatives.

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