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TITLE XIV.

OP THE INTERNAL POLICE OF THE STATE.

CHAPTER LXVIII. Of the Maintenance of Bastard Children.

LXIX. Of the State Lunatic Asylum.

LXX. Of Vagrants. .
LXXI. Of Estrays.
LXXII. Of Drifted Lumber and Timber.
LXXIII. Of Wrecks and Shipwrecked Goods.
LXXIV. Of the Observance of the Lord's Day.

LXXV. Of Immigrants and Seamen.
LXXVI. Of Unclaimed Property Transported by Com-

mon Carriers.
LXXVII. Of the Protection of Game.
LXXVIII. Of the Protection of Oyster-beds.
LXXIX. Of Gambling.
LXXX. Of Licenses.

CHAPTER LXVIII.

OF THE MAINTENANCE OF BASTARD CHILDREN.

SEC.

i SEC. . The reputed father of a bastard to 4. In case of denial by reputed father, maintain it; to give bond, &c.

jury to try the question. The be 2. Women who refuse to declare who

convicted, he shall give security, is father of a bastard to be com

&c.
mitted to jail or give security
3. If warrant is resisted. Constable to l 5. In case of twins, reergnizance to be

make return to Clerk of Court. 1 for support of both. &c.
and party may be indicted, &c.

father of a bas.

it.

The reputed SECTION 1. That if any woman be delivered of a bastard child tard to maintain or children, and sball, at any time after the birth thereof, give

V 9-n information to some Trial Justice of the County in which she 1795, V, 270, 21; 1839, XI, 21, resides, or may be so delivered, and will declare, on oath, who is the

N & Mor, father of her child or children, it shall be the duty of such Trial 5.34, 203 ; 2 N. & McC., 425 ; 2 Justice to issue a warrant to apprehend and bring before him, or McC., 29); 2 8: roh., 152 ;'1 s. some other Trial Justice, the person so accused, who shall be obliged 0,85.

to enter into a recognizance, with two good and sufficient sureties,

2 12

Women who refuse tn d. clare

bexturd

to

be

ble to make return to Clerk of Court, and party may be in.

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in the penal sum of three hundred dollars, conditioned for the To give bond, annual payment of twenty-five dollars for the maintenance of the child until the age of twelve years, and so to save harmless the said County.

Sec. 2. When any woman, who is charged with having had a , bastard child or children, shall be brought before a Trial Justice, who is father of and shall not voluntarily give such information, such Trial Justice committed 10

jail or give secu. may, on information thereof, and that such child is likely to become rity.

Ib. a burden to the County, issue his warrant against such mother, requiring her to be brought before him, or the next Trial Justice, and declare who is the father, and, on her refusal so to declare, the Trial Justice afgresaid shall commit her to jail until she shall declare the same, or shall give security that the said bastard child shall not become chargeable to the County wherein she resides.

Sec. 3. Should the person accused evade or resist the warrant tantas so issued, it shall be the duty of the Constable to return the .. same to the Clerk of the Court as other Sessions papers, with a special note thereof, by way of return, on oath, whereupon a bill dictedl. &e. of indictment may be given out, and, if found, a bench warrant ; Rich.. 362;

14 Rich., 29. may issue; and, in case the accused shall be arrested on any warrant issued, and shall refuse to enter into such recognizance, he shall be committed to prison, there to remain until he shall enter into such recognizance.

Sec. 4. Should such person be unable to comply with the requisi. In case of detions herein before mentioned, or should he deny that he is the father father, jury to of the said child or children, a jury shall be charged, in the Court it he be convictof Sessions, to try the question whether the accused is or is not the security, &c.* father of such child or children, and on bis acquittal he shall be .b.; 1817, XI, discharged; or, if convicted, he shall be required to give the secu- 14 Rich., 177; 11 rity or recognizance herein before required; and in default thereof, Hi.l, 275. shall be liable to execution, as are defendants convicted of misdemeanors: Provided, That, on the annual payment of the sum of twenty-five dollars, the executions, except as to costs, shall be stayed until another installment falls due.

Sec. 5. If the birth be of twins, the recognizance or judgment In case of shall be conditioned for the support of both the bastards, and for z nce to be for

support of both, the payment of double the amounts required in the case of a sin- &c. gle child.

1793, V, 270, 21.

rinl by reputed

ed he shall give

436.

Rich.,

356;

3

tuis recogni

I MCM.. 338; 10 Rich., 361.

CHAPTER LXIX.

OF THE STATE LUNATIC ASYLUM.

SEC,

Set 1. Legislature to elect nine Regents :

persons non compos mentis to Asytheir terin of office: classifica

lum: h'w to be supported. tion ; filling va'ancies.

7. Judges of Probate may commit 2. Regents incoporated; their pow

lunatics, &c., to Asylum. ers, &c.; to establish rates of ad 8. Certain inmates not to be retained mission.

more than ten days without ex 3. Who to be admitted to Asylum:

amination, &c. 1. Those found idiots, &c., upon 9. Transient pauper lunatics to be

9. Transient paper Tunati inquisition, &c.;

received; appropriation for sup2. Where requested by husband

port. or wife, or next of kin;

10. Terms of admission ; bond to be 3. Those so declared after exami

sued if not paid. Advances not nation.

to be exacted in certain cases. 4. Idiots froin other States m

11. Discharge of lunatis, &c. admitted at 18u l rats.

12. Persons employed maybe removed. 5. Judges may direct inquisitions ; 13. Regents to report to the Legislaorder to be made on return there. 1

ture. of.

14. Lots vested in Regents of Asylum. 6. In criminal cases Judges may send ! 15. May close up certain streets.

gents.

classifi ation; filling of vacatcies.

Legislature to SECTION 1. That there shall be elected by both branches of the elet niue Re

* *** Legislature, nine Regents of the Lunatic Asylum, who shall hold 1,322, 2 1. their offices for six years from the day of election, except those who

shall be first elected, who shall go out of office according to a ballot to be drawn by the Speaker of the House and President of the Senate, and reported to the General Assembly, in the following

order, viz: The three Regents whose names are first drawn shall go Term of office; out of office at the end of two years from the day of election ; the

i. three Regents whose names shall be next drawn, shall go out of

office at the end of four years from the day of election; and the remaining Regents shall go out of office at the end of six years from the day of election. The Regents shall be re-eligible. A vacancy in the Regency shall be filled by the other Regents till the next

regular legislative election. Regents incor. Sec. 2. The said Regents, by the pame of “ The Regents of the powers, &c._ Lunatic Asylum of South Carolina,” shall form a body corporate

in deed and in law, for all the purposes of the said institution, with all the powers incident to corporations; and they shall be, and they are hereby, authorized and empowered to make and establish all rules, regulations and by-laws for the government of the institution; which, when made, shall be reported to the next Legislature

for their approval or rejection ; but, until rejected by the Legisla

· ture, shall be in force; and to fix the amount of the salary or emol. To establish uments of the keeper, officers, or medical attendants. To establish

the rate of admission, maintenance and medical attendance of all the subjects of the said institution, providing such rates as shall support the institution without any charge on the Treasury of the State.

porated;

their

Ib.

rules of admission.

Who to be ad. mitted to Asy

1. Those found id ots, &c., by

quested by hus

er States to be

usual rates.

Ib.

Sec. 3. It shall be the duty of the Regency to admit as subjects mit of the institution all idiots, lunatics and epileptics, being citizens of lum.

10.; Cou., Art. this State, according to the following regulations, and subject to the iv, 20. following conditions, that is to say:

1. All persons who shall be found idiots or lunatics, by inquisition : 1. Those found from the Probate or Circuit Courts, or on trials in the Circuit where iogu rition, &c. the Court shall order such admission.

2. Where it shall be requested under the hand of the husband or 2. Where re. wife, or (where there is no husband or wife,) of the next of kin of band or wife, &c. the idiot or lunatic.

3. All persons who shall be declared lunatics, idiots or epileptics, „3. Thosa so de. after due examination by one Trial Justice and two licensed prac- amninuti.n. ticing physicians of the State. Where the subject is a pauper, the admission shall be at the request of the County Commissioners of the County wherein such pauper has a legal settlement, otherwise, the admission shall be at the request of the husband or wife, or, where there is no husband or wife, of the next of kin of the idiot, lunatic or epileptic.

Sec. 4. All idiots and lunatics from any of our sister States shall Idiots from oth. be admitted on such evidence of their lunacy or idiocy as the Re. admitted at gents regard sufficient; but no foreign lunatic or idiot shall be admitted or kept in the institution to the exclusion of subjects being citizens of this State, and they shall pay the same rates as citizen subjects. :

Sec. 5. Whenever a Judge of Probate, or Judge of the Circuit Judges maydi. Court, shall direct an order to any Trial Justice, to inquire as to the Th., 324, 4; idiocy, lunacy or epilepsy of any person, or when information, on 21.", oath, shall be given to any Trial Justice, that a person is an idiot, lunatic or epileptic, and is chargeable for his support on the County, it shall be the duty of such Trial Justice forthwith to call to his assistance two licensed practicing physicians, and examine such person, and the evidence of his or her idiocy, lunacy or epilepsy: and if, after full examination, they shall find such person an idiot, lunatic or epileptic, they shall certify to the said Judge, or to the Board of County Commissioners, whether, in their opinion, such person is curable or incurable, and whether his enlargement would be harınless or dangerous or annoying to the community; and thereupon the Judge or the Board of County Commissioners, in his or Order to he its discretion, may make an order that the said person shall be sent therevf. to the Lunatic Asylum.

SEC. 6. Any Judge of the Circuit Court is authorized to send to Incriminal the Lunatic Asylum every person charged with the commission of send persons non any criminal offense, who shall, upon the trial before him, prove to tu asylum.

1822, VII, 382,2 be non compos mentis; and the said Judge is authorized to make all

Judges mavd. rect inqnisitions.

made on return

cases Judge may

compos mentis

to Asylum.

Code of Proced. ure, $ 72.

not to be retain

amination. &c.

necessary orders to carry into effect this power. Where the person Flow supported. so sent 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 re

turn to a writ de lunatico inquirendo. Judge of Pro- SEC. 7. The Judge of the Probate Court may commit to the Lubate may commit lunat'c',&c., natic Asylum any idiot, lunatic or person non compos mentis, wbo,

ced. in his opinion, is so furiously mad as to render it manifestly dan

gerous to the peace and safety of the community that he or she should be at large; and, also, in all such other cases provided by law. In all cases the Judge shall certify in what place the said person or persons resided at the time of the commitment, and such

certificate shall be conclusive evidence of such residence. Certain inmates Sec. 8. No lunatic, idiot or epileptic, who may be declared a fit od without ex. subject for the institution by a Trial Justice and two physicians, or 18:27. VI. 349, 21 who shall be sent from a sister State, shall be retained in the insti

tution more than ten days after his admission, except where there shall be entered in the record of the institution an order for his retention, made, after full examination of his state of mind, by the medical attendant or attendants, and not less than three of the Regents; and upon such order being made, it shall be the duty of the Secretary of the Regency to make out a certified copy of the de. claration of the Trial Justice and physicians, and of the order of retention, and immediately send the same to the Judge of Probate of the County wherein such lunatic, idiot or epileptic shall reside, who shall thereupon make such order in relation to the custody of the estate of the said subject as would have been made bad the

proceedings been under a writ de lunaticò inquirendo. Transient pau- Sec. 9. Transient paupers, lunatics, idiots or epileptics, sent to

s to the Asylum by virtue of the existing laws, shall be supported at Thi 1858, Xill, the expense of the State, and the Regents are hereby authorized to XIV,672, 2 1. draw from the Treasury, for every such lunatic, one hundred and Appropriation thirty-five dollars per annum. 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. of al Sec. 10. No subject shall be admitted into the institution until 1827, VI, 323,ě 1. one-half year's expense of maintenance and medical attendance

there shall be paid to the Treasurer of the Regency; and a bood · and good security shall be given to pay the said expenses half

yearly, in advance, so long ås the subject remains in the institution,

and to pay all funeral charges in case of his death ; but such bond Advances, not shall not be required of the County Commissioners sending a paucertain cases. — per subject to the institution : Provided, That the Regents shall not 1829, V1,382, $ 3.

be required to exact half yearly advances for the admission into

per lunatics to h receiveti.

712. 2

1; 1871,

for support.

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to be exactre in

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