and west of the canal, as should be furnished to the county, as a donation, and conveyed by a good title:

And whereas, The said recommendations, respectively contain a condition, that the cost to the county, for the erection of the said court house, is not to exceed the proceeds arising from the sale of the present court house, and grounds attached thereto, and the sum of ten thousand dollars; and that if any additional sum should be needed, to complete the said court house, said additional sum should be guaranteed, by some responsible person or persons:

And whereas, Certain of the citizens, of the borough of Lock Haven, have signified their willingness to convey, to the said county, for the purpose aforesaid, as a donation, a suitable lot, or piece, of ground, within the limits specified, in and by, the said reports of the grand jury; but the commissioners of the said county, considering their authority, in the premises, limited and circumscribed, by the said reports, are unwilling, without further authority, to expend, for the erection of a court house and public offices, a greater sum than that specified in the said reports, which sum is wholly inadequate for that purpose; therefore,

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same,

erection of a

That the commissioners of the said county of Clinton be and Commissioners, they are hereby authorized and directed, with the approbation subject to apof the court of quarter sessions, of the said county, to proceed proval of court, to erect, and cause to be erected, upon such suitable lot, or authorized to piece of ground, in the town of Lock Haven, and within the provide for the limits prescribed by the said reports of the grand jury, as shall, court house. within six months from the passage of this act, be conveyed to the said county, for that purpose, by a good and sufficient deed or deeds, in fee simple, clear of all encumbrances, a court house, suitable for the convenient accommodation of the courts and the several officers of the said county, and for the reception and safe keeping of the records, and other papers, in charge of such officers, and for that purpose, to expend so much of the money of said county, as may be required for that purpose, any thing in the reports of the grand jury, aforesaid, to the contrary, in anywise notwithstanding.

commissioners, authorized.

SECTION 2. That the commissioners of the said county be Sale of present and they are hereby authorized and empowered, as soon after court house and a suitable lot shall have been conveyed to the county, for the grounds, by erection thereon, of a new court house, and public offices, as aforesaid, as they shall deem expedient, to sell, for the best price that can be obtained therefor, at public or private sale, as to them shall seem best and most advisable, the present court house, belonging to said county, with the lot or parcel of ground, upon which it is erected, and the appurtenances thereunto belonging, a report of which sale shall be made, by the said commissioners, to the court of quarter sessions of the said county; and the said court, if it shall approve of said sale, shall Court to aporder and direct the commissioners, of the said county, for the prove. time being, upon payment of the purchase money, to the treasurer of the said county, to make and execute a deed, to the

Purchase money to be

paid to treasu

when new building completed.

purchaser or purchasers, according to the terms of sale; which deed, when executed, and delivered, shall be effectual, to vest in the purchaser, or purchasers, all the right, title and interest rer, and deed of the said county, in the premises so sold, and the purchase executed by commissioners, money, derived therefrom, shall go toward, and be used for, the erection of the said new court house; but no deed shall be executed by the commissioners, in pursuance of sale, nor possession of the premises delivered, to the purchaser or purchasers, of the present court house and grounds thereunto belonging, until the purchase money be paid to the county treasurer, as aforesaid, nor until a new court house shall have been erected, as directed in, and by, the first section of this act, and so far completed, as to be ready for the accommodation of the courts and the county officers.

May borrow

transferable

bonds, with

coupons, therefor.

SECTION 3. That for the purpose of erecting, and completing, money and issue the aforesaid new court house, in the borough of Lock Haven, it shall be lawful for the commissioners, of Clinton county, to borrow any sum of money, on the credit of the county, not exceeding twenty thousand dollars, at a rate of interest, not exceeding six per centum, and to give to the lenders thereof, transferable bonds therefor, in sums not less than one hundred, nor more than one thousand, dollars, payable in ten years, from the time of the issuing thereof, with coupons attached thereto, for the payment of the interest which shall fall due thereon, payable to the bearer thereof, half yearly, from the time of issuing said bonds.

Bonds to be

signed by commissioners, &c.

SECTION 4. That the bonds, to be issued as aforesaid, shall be signed by a majority of the county commissioners, attested by their clerk, and verified by the seal of the county, and the coupons shall be signed by the clerk of the commissioners, and made payable at the county treasury; it shall also be the duty Account of, how of the county commissioners, to keep an account, on their books, to be kept. of the number, date and amount, of each of said bonds, and to whom payable; and every holder of a bond, by assignment, may, if he sees proper, have the same entered on said book, by the clerk of the commissioners; and the said bonds, in the hands of the holders, shall at all times be clear, and discharged, from all taxes and assessments, of every kind and nature whatever, exAssignment of. cept for state purposes, and may be assigned, from time to time, by the holders thereof, by endorsement thereon.

Exempt from taxation.

JOHN CESSNA,

Speaker of the House of Representatives.

GEORGE V. LAWRENCE,

Speaker of the Senate.

APPROVED-The twenty-second day of April, Anno Domini

one thousand eight hundred and sixty-three.

A. G. CURTIN.

No. 535.

An Act

Supplementary to an act incorporating the Western Pennsylvania Hospital.

ap

commitment.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That if any person shall apply, by petition, to any court of Courts of cerrecord of any of the counties of this commonwealth, hereinafter tain counties to named, in the eighteenth section of this act, having jurisdiction inquire into fact of offences, punishable by imprisonment, for the term of ninety of insanity of days, or longer, for the commitment, to the Western Pennsyl- petitioners for vania hospital, of any insane person, within the county in which said court has jurisdiction, it shall be the duty of such court to inquire into the fact of insanity, in a summary way, after giving notice to the alleged lunatic, or insane person, or to his, or her, Notice to be friends, or kindred, or some of them, or by awarding an inquest given, or infor that purpose, at the option of the court; and if it shall quest awarded. pear, to the satisfaction of said court, or if it shall be found, by Discretion of such inquest, that such person is lunatic, or insane, and by court as to comreason of such insanity is unsafe to be at large, or that he, or mitment. she, is suffering any unnecessary duress, or hardship, such court shall either commit such lunatic, or insane person, to the said hospital, or if the court shall believe such insane person to be incurable, they may cause them to be confined elsewhere: Provided, That in all such cases, the court shall inquire, and ascer- Court to ascertain, whether the estate of such insane person is sufficient to tain whether such persons pay for the care, medical attendance, and maintenance of such are able to pay person, such charges as the board of managers, of said hospital, hospital may make, for pay patients, or whether the friends, or relatives, charges, and if of such insane person are able, or willing, to make provision not, to certify for the payment thereof, and if not, then it shall be the duty of the fact to mansaid court to declare such insane person to be in indigent cir- agers or solici cumstances; and said court shall thereupon certify, to the managers, or to the solicitor, of said hospital, the legal settlement of such insane person, if he, or she, have any legal settlement in this commonwealth, and if he, or she, have no legal settlement, then to certify the place of residence of such insane person; which place of resiplace shall then be held to be his, or her, place of settlement, dence of indiand shall cause notice thereof to be given by the sheriff of the gent insane to county, wherein such court is held, to the commissioners of the be certified, and sheriff to notify county, to be charged with the expenses of such insane person, and to the constituted authorities having charge of the poor, sioners. in the poor district, in such county, to which such insane person belongs, as aforesaid; and the county, wherein such indigent insane person had his, or her, place of settlement, or residence, shall

tor.

county commis

be liable to said hospital for the expenses of the care, medical County liable attendance, and maintenance, and removal to, and from, said for all expenses.

Limitation.

Courts autho

ties.

hospital, and in case of death, of the funeral expenses of such insane person, or persons, with remedy over against the proper poor district, as hereinafter provided: Provided further, That the amount to be charged, for the support of such indigent person, shall not exceed the sum of two dollars and fifty cents per week, during the time they remain in said institution.

SECTION 2. That until the legislature shall otherwise provide rized to commit for the care of insane criminals, the several courts of this comto hospital monwealth, having jurisdiction in the counties mentioned in the insane criminals, at the ex- eighteenth section of this act, respectively, shall, where any pense of the re- person, charged with any offence, or crime, punishable by imspective coun- prisonment, or death, may have been found, in the manner provided by law, to have been insane, at the time when the offence was committed, and who still continues to be insane, and in all cases mentioned in the sixty-sixth, sixty-seventh, and sixty-eighth sections of the act of thirty-first of March, one thousand eight hundred and sixty, relative to criminal procedure, have the power to commit, to said hospital, any such insane person, or persons, for so long a time as such person, or or persons, continue to be of unsound mind, at the expense of the county where such trial, or proceedings, are had, and from which such insane person, or persons, was, or were, commited: Provided, That no person shall, hereafter, be committed to said hospital, under the provisions of this section, or of the sixtysixth, sixty-seventh, or sixty-eighth sections of said act of thirty-first of March, one thousand eight hundred and sixty, or any other law of this commonwealth, who shall have been charged with homicide, arson, rape, robbery, or burglary, or who shall have attempted, or endeavored, to commit any of said offences, and who shall have been found to be insane, in the manner provided by law, unless on full examination, the jury shall find, by their verdict, that there is reason to believe that a cure of such insanity may be speedily effected, by sending such person to a lunatic hospital.

Exceptions.

indigent insane, under their

care.

County, city SECTION 3. That the commissioners of the several counties, and township hereinafter named, shall have power, to send to said hospital, authorities may any indigent insane persons under their care, or confined in send to hospital the jail of their respective counties, and not awaiting trial for any offence, or crime, punishable with imprisonment, or death, provided, the physician of the said hospital shall deem them proper subjects for treatment in said hospital; the county, on sending any insane person, or persons, to be liable to pay to said hospital, all expenses of the care, medical attendance, maintenance, removal to, and from, the hospital, and in case of death, the funeral expenses of such persons; and the several constituted authorities, having charge of the poor in the respective counties, cities, townships, and poor districts, in the counties hereinafter named, shall have like power to send to said hospital such indigent insane persons, under their charge, as they may deem proper subjects; and the counties, wherein Liability for ex- such poor districts are situate, shall be severally liable to pay the expenses of the care, medical attendance, maintenance, (not exceeding two dollars and fifty cents per week,) removal to, and from, the hospital, and, in case of death, the funeral ex

penses.

penses of such paupers, with remedy over against the proper poor district, as hereinafter provided.

continue in

SECTION 4. That the provisions of the first section of the Provisions relaact of twenty-fourth March, one thousand eight hundred and tive to transfer fifty-eight, relative to the transfer of insane convicts, from the of insane from Western State penitentiary to the said hospital, shall continue penitentiary to in full force, as if here re-enacted: Provided, That a duplicate, force. original, of the certificate, and report, with the approval of Proviso. the governor thereon, shall be furnished to the solicitor of said hospital, when any such insane convicts are removed to said hospital.

SECTION 5. That it shall be lawful, in case any person shall Commitment of apply to any court of reord, within this commonwealth, within inebriates, temporarily insane, any of the counties hereinafter named, having jurisdiction of relative to. offences, punishable by imprisonment, for a term of ninety days, or longer, or to a judge thereof, for the commitment to said hospital, of any person alleged to be temporarily insane, by reason of the intemperate use of intoxicating drinks, for such court, or a judge thereof, to inquire, summarily, into the facts of the case, first, however, giving notice to the party so alleged to be temporarily insane; and if such court, or a judge thereof, deem it expedient so to do, to commit such person to said hospital, until such temporary fit of insanity shall be cured: Provided, That such applicant, or petitioner, or the Security for exfriends, or relatives, of such inebriate, shall first give sufficient penses to be security, to be approved by such court, or judge, conditioned given. for the payment of all expenses of such proceedings, of the care, medical attendance, maintenance, removal to, and from, the hospital, and in case of death, of the funeral expenses of

such inebriate; and further conditioned, to indemnify said hos- Indemnity for pital for all expenses, of any proceedings under any writ of expenses of prohabeas corpus, which may be awarded for the purpose of re- ceeding under moving, or liberating, such inebriate from the custody of said writ of habeas hospital.

corpus.

SECTION 6. That in every case, where a lunatic, or insane Criminals, person, has been, or shall be, committed to said hospital, under whose insanity is considered inthe provisions of the second section of this act, or of the sixtycurable by physixth, sixty-seventh, or sixty-eighth sections of the act of sician and manthirty-first of March, one thousand eight hundred and sixty, agers, to be rereferred to in said second section of this act, and in all cases, turned to the where an insane person has been, or shall be, removed, or prison or penisent to said hospital, from the Western State penitentiary, or tentiary. from any jail, or prison, in this commonwealth, in the manner hereinbefore provided, or by virtue of any law of this commonwealth, it shall be lawful for the managers of said hospital, or a quorum thereof, with the aid of the principal physician of the insane department of said hospital, carefully to inquire into the case of such lunatic, and if a majority of such quorum of the board of managers, including the physician, shall be satisfied that there is no reasonable prospect of a cure of the insanity being effected, by a retention of such insane person in said hospital, they may, at the expense of the proper city, or county, as the case may be, cause him, or her, to be sent to the jail, or prison, of the proper county, or to the penitentiary, from which such insane person was sent.