CHAP. 170.-An ACT to amend an act, entitled, "an act reducing into one act all acts and parts of acts making provision for the restraint, support and maintenance of idiots and lunatics, and the preservation and management of their estates."*

(Passed February 12th, 1828.)

1. Be it enacted by the general assembly, That when any order Officers to ascertain by letter shall be made for the removal of any insane person to either of the when any vacancy lunatic hospitals, under the third section of the act to which this is in hospitals. an amendment, it shall be the duty of the sheriff or other officer required to make such removal, immediately upon receiving such order, to ascertain, by writing to the clerk of the lunatic hospital, whether there be any vacancy therein for such lunatic, and until Until then, insane that fact be ascertained, such insane person shall be kept in the persons to be kept in jail. jail of the county or corporation, at the public expense, unless some friend will become bound as directed by the said act. (a)

allowed officer,

refused.

2. And be it further enacted, That no compensation shall be No compensation allowed to any sheriff or other officer, for the conveyance of any unless vacancy be insane person to a lunatic hospital, unless such sheriff or officer first ascertained. shall have previously ascertained that some one of the cells in the said hospital was vacant as aforesaid; and whenever any insane Compensation person shall be refused admission, and shall be re-conveyed to the when admission is county or corporation of his or her residence, the compensation to each officer, for himself and the idiot or lunatic, shall be sixteen cents and no more, and to each guard, eight cents per mile, for going to and returning from the hospital, besides ferriages, and postage paid by the officer under this act, and no more, to be ascertained in the manner prescribed by law, and paid out of the public treasury. And when the idiot or lunatic shall be admitted into the Pay of officers and hospital, the officer and guard shall receive the same compensation guard, when lunafor going thereto, and each shall receive eight cents per mile for returning.(b)

tic admitted.

3. And be it further enacted, That if any sheriff or other officer Penalty on officers shall neglect or refuse to perform the duties required by this act, he for neglect of duty. shall, for every such offence, forfeit and pay the sum of one hundred dollars, to be recovered by action of debt or information in any court of record having jurisdiction thereof, one half to the use of the informer, and the other to the literary fund.

4. This act shall be in force from and after the passage thereof. Commencement.

CHAP. 171.-An ACT amending the acts concerning idiots and lunatics, to provide for clothing the public guard, and for other purposes.t

(Passed February 17th, 1830.)

from the

1. Be it enacted by the general assembly, That the patients in the Patients in lunatic lunatic hospitals of this state, shall be clothed out of the manufac-hospitals to be tures of the penitentiary, as far as practicable; for which purpose penitentiary. the directors shall make semi-annual or other necessary requisitions Requisitions to be made upon the

upon the keeper of the penitentiary store, a reasonable time before keeper of the penithe clothing may be wanting, stating the quantity of clothing of tentiary store. each description, and furnishing the necessary measures and direc

*Acts 1827-8, ch. 33, p. 25.

(a) 1 Rev. Code 1819, ch. 109, § 3, 4, p. 413.

(b) Ibid. § 18, p. 416; see also acts 1824-5, ch. 35, § 7, p. 32; ante. ch. 169, §7: When one hospital is full, patients to be sent to the other.

+ Acts 1829-30, ch. 6, p. 9. The sixth section of this act having been heretofore inserted under the title public guard, and relating entirely to that subject, is omitted here.

Articles not furnished from the penitentiary, how

tions for making the same: and the said store-keeper shall, by requisition upon the keeper, cause the same to be made, with as little delay as possible, and forwarded at the charge of the hospital for which they are furnished; the clothing itself to be charged to the commonwealth. (a)

2. Be it further enacted, That all articles of clothing other than those furnished from the penitentiary, shall be furnished by conto be furnished. tract, under the superintendence of the board of directors, and regular returns thereof shall be made to the legislature annually, as well as of clothing furnished from the penitentiary.

Idiots not to be hereafter admitted into the hospitals.

If brought to be

sent back; expenses how defrayed.

Idiots how to be maintained.

Idiots now in hos

ved to the counties from whence brought.

3. Be it further enacted, That no idiot shall hereafter be admitted into either hospital; and if any idiot shall hereafter be sent to either of the hospitals, the directors shall order him or her to be sent back to the county from whence brought; and the charges for both removals shall be paid by the overseers of the poor for said county, at the same rates as allowed by law for removing lunatics: and the said overseers shall provide, if necessary, for the maintenance of such idiot at the charge of the county: But if such idiot hath any estate, the profits thereof shall be applied, as far as they will go, to defray the charges of removal or maintenance.(b)

4. And be it further enacted, That all idiots heretofore admitpitals to be remo-, ted and now remaining in either hospital, shall be sent by the order of the board of directors, to the county whence removed, to be provided for in the like manner, and shall be delivered to some overseer of the poor of the proper county, or to his or her committee, if any there be, with a copy of the order of removal, who shall grant Charges of remo- a receipt therefor, as well as for the body of such idiot. The val how defrayed. charges of such removal to be paid by the directors of the hospital, and refunded from the profits of the estate of such idiot, if any he or she hath.

Hospital at Staunton to be enclosed.

Appropriation therefor.

Clerks of county

to auditor copy of

of lunatics.

5. Be it further enacted, That the directors of the lunatic hospital at Staunton be and they are hereby authorized to cause the buildings of that asylum, with the lot, to be enclosed with a suitable wall of stone or brick, in their discretion, for which purpose the sum of five thousand dollars shall be and the same is hereby appropriated, to be paid out of any money in the treasury not otherwise appropriated.(c)

CHAP. 172.—An ACT to amend the several acts concerning the lunatic hospitals, and for other purposes.*

(Passed March 22d, 1831.)

1. Be it enacted by the general assembly, That any clerk of a courts to transmit county or corporation court within this commonwealth, who shall bond of committee fail to transmit to the auditor of public accounts a certified copy of the bond executed by the committee of a lunatic in the court of which he is the clerk, and also copies of all orders of such court relative to said lunatic, and his or her estate, within the time prescribed by law, or who shall fail, after the removal to either of the hospitals, or confinement in jail of any such lunatic, if there be no such bond executed, nor any estate belonging to the same, to cer

(a) Amended, post. ch. 172, § 4; acts 1830-31, ch. 50, p. 119, § 4. (6) Rates allowed for removing lunatics, 1 Rev. Code 1819, ch. 109, § 18; see also acts 1827-8, ch. 33, § 2, p. 26; ante. ch. 170, § 2.

(c) See ante. ch. 169, § 4.

Acts 1830-31, ch. 50, p. 119.

tify the fact in like manner, and within the same period, shall for- Penalty for failure. feit and pay the sum of one hundred dollars, to be recovered by the auditor of public accounts in the general court, by motion on ten days previous notice, for the benefit of the literary fund. The re- What to be eviturn of the clerk of the court of directors of either hospital, of the patients received, or the certificate of the sheriff or jailor, when the lunatic is committed to jail, shall be evidence against the clerk in all such motions. (a)

dence against clerk.

Committee not

compellable to pay expense of remo

2. Be it further enacted, That so much of the act concerning idiots and lunatics, passed the ninth day of March, eighteen hundred and nineteen, as requires the committee of a lunatic removed val and support of lunatic in hospital. to the hospital, to pay to the court of directors the expenses attending as well the removal as the annual support of every such person while remaining in the hospital, and which gives to said directors the power to recover the same, shall be, and the same is hereby repealed.(b)

when liable for

court.

3. Be it further enacted, That when any lunatic, having no wife Restored lunatics, or child living, shall be discharged from a hospital or jail, having maintenance been restored, or shall die, leaving no wife or child living at his or while in hospital. her death, and the expenses incurred by the commonwealth for and on account of such lunatic, shall not have been refunded to the commonwealth, it shall and may be lawful for the auditor of public Auditor to move accounts, in the name of the commonwealth, on motion before the therefor in general general court, to recover of the person so restored, whatever shall be due to the commonwealth; or in the event of the death of such Recoverable from person, to obtain judgment therefor by the same proceedings against his or her executor or administrator, curator or committee; and in the event of the personal estate being insufficient to satisfy such demand, then it shall be lawful for such officer, in the name of the commonwealth, to proceed in any court having jurisdiction, to obtain a judgment or decree subjecting the real estate of such dece- Real estate subdent to the payment of the claim of the state: Provided, however, jected. That in all motions made under the provisions of this section, thirty days previous notice shall be given.(c)

their executors,

&c.

for lunatics to be

made upon super

4. Be it further enacted, That all the cloth and shoes necessary Clothing and shoes for clothing and other purposes at the lunatic hospitals in this com- furnished from the monwealth, shall be taken from the manufactures at the peniten- penitentiary. tiary; and the court of directors of each hospital shall make requi- Requisitions to be sitions upon the superintendent of the penitentiary a reasonable intendent. time before said articles may be wanted; and it shall be the duty of such superintendent to pack up the articles thus ordered, and forward them, as soon as possible, to the hospital for which they shall have been ordered; the manufactures to be charged to the commonwealth, and the transportation to be paid for by the said court of directors; and the superintendent of the penitentiary shall, on Statement of aror before the thirtieth day of September in each year, furnish the ticles furnished to auditor of public accounts with a statement shewing distinctly the tor. manufactures furnished to each hospital, and the prices thereof, for which the penitentiary institution shall have credit: and it shall be the duty of the auditor to report the same to the general assembly.(d)

be made to audi

232

Sheriffs and ser

auditor, number,

jails.

IDIOTS AND LUNATICS.-SLAVES, FREE NEGROES, &C.

5. Be it further enacted, That it shall be the duty of the several geants to report to sheriffs and sergeants of this commonwealth, to report to the auditor &c. of lunatics in of public accounts, on or before the fifteenth day of November in every year, the numbers and names of lunatics, respectively confined in their county and corporation jails, and the length of time respectively, during which such lunatics shall have been so confined. Auditor to report And it shall be the duty of the auditor of public accounts to transmit to the general assembly with his annual report, the aggregate of such returns, with a statement of the expenses of such confinement. 6. Be it further enacted, That all acts and parts of acts coming within the purview of this act, shall be, and the same are hereby repealed.

to legislature.

Repealing clause.

Commencement.

Revised Code and acts to be furnished court of direc

pitals.

7. This act shall commence and be in force from its passage.

CHAP. 173.-An ACT to furnish the laws of the commonwealth to the lunatic hospitals at Williamsburg and Staunton.*

(Passed March 19th, 1832.)

1. Be it enacted by the general assembly, That the court of directors of the lunatic hopital in the city of Williamsburg, and of tors of lunatic hos- the western lunatic hospital at Staunton, shall each be furnished with a copy of the revised code, and also the sessions acts from eighteen hundred and nineteen to the present time, so far as the latter can now be supplied, which code and acts of assembly the governor shall cause to be delivered to them from any belonging to the commonwealth and not otherwise appropriated.

Future acts to be furnished.

Preamble.

Offenders against

the 30th section of the revised act

2. Be it further enacted, That the future acts of assembly shall be transmitted to the said courts of directors annually, when the laws are distributed.

CHAP. 174.-An ACT to amend an act, entitled, "an act reducing into one the
several acts concerning slaves, free negroes and mulattoes."
(Passed February 16th, 1820.)

Whereas doubts have arisen whether an offender against the provisions of the thirtieth section of the "act reducing into one the several acts concerning slaves, free negroes and mulattoes," passed the second of March, eighteen hundred and nineteen, should be tried in the county from which the slave or slaves shall be removed, as stated in the said section, or in what other county, if any, such offender should be tried:

1. Be it therefore enacted by the general assembly, That whenever an offence shall be committed against the provisions of the said concerning slaves, section of the said recited act, the offender or offenders, in any pro&c. where triable. secution on behalf of the commonwealth, shall be tried in that county from which the slave or slaves shall be taken and removed, as in the act before mentioned. (a)

Free negroes and mulattoes may be hired out for pay

2. Hereafter, it shall be lawful to hire out free negroes and mulattoes for the payment of their taxes and levies, pursuant to law: ment of taxes and Provided, That no one shall be hired for a less sum than eight cents

levies.

Proviso

Acts 1831-2, ch. 11, p. 13.

† Acts 1819-20, ch. 32, p. 26.

(a) 1 Rev. Code 1819, ch. 111, § 30, p. 423; the section referred to, prescribes the penalty for carrying a slave out of the state, county or corporation, with fraudulent intent, without the consent of the owner.

per day, any thing in the fifty-eighth section of the said act to the contrary notwithstanding.(b)

3. This act shall commence and be in force from and after the Commencement. passing thereof.

CHAP. 175.-An ACT to amend an act to reduce into one the several acts for

apprehending and securing runaways.'

(Passed February 5th, 1822.)

not to be sold but

"

1. Be it enacted by the general assembly, That the sheriff or ser- Runaway slaves geant of any county or corporation within this commonwealth, shall confined in jail, not hereafter make sale of any runaway slave confined in jail agree- by order of court. ably to law, except upon an order of the court of such county or corporation first had and obtained, expressly directing such sale; in which event, the proceeds shall be accounted for, and paid by Proceeds, when to such sheriff or sergeant into the public treasury at the time at which be accounted for and paid into pubthe public revenue is payable; and for failing to do so, he shall be lic treasury. liable to the like penalties, and recoverable in the mode prescribed lure, and how reby law for a failure by such sheriff or sergeant to pay the public coverable. revenue.(a)

Penalties for fai

clerk of court.

turn.

2. It shall likewise be the duty of such sheriff or sergeant to re- Account of sale to turn to the clerk of the court ordering such sale, a certificate, stating be returned to the amount produced thereby; and for a failure to do so, the said Penalty for failing sheriff or sergeant shall forfeit the sum of five hundred dollars, to to make such rebe recovered by the auditor of public accounts, on motion in the ge- How recoverable. neral court, upon ten days notice thereof; and it shall be the duty Clerks to transmit of the clerk of the court making such order, forthwith to transmit to auditor copies to the auditor of public accounts a copy thereof, as well as the cer- courts, with sheficate which shall have been returned to him by the sheriff or ser- riff's or sergeant's geant. For every such copy, the clerk transmitting the same shall Fees for such cobe entitled to receive the sum of two dollars, to be paid out of the proceeds of the sale of such runaway slave; and for failing to trans- Penalty for not furnishing them.

(b) 1 Rev. Code 1819, ch. 111, § 58, pp. 434, 435. By the fifty-eighth section of the revised act, no free negro or mulatto could be hired out for a longer period than would be sufficient to discharge his taxes and levies, at the rate of sixteen cents wages per day. By the act of February 19th, 1820, acts 1819-20, ch. 26, pp. 22, 23, it is made the duty of the overseers of the poor once in three months to examine into the condition of free negroes and mulattoes, and ascertain who are vagrants, and to dispose of them according to the provisions of the revised act upon that subject, 2 Rev. Code 1819, ch. 239, § 41, 42, p. 276: and free negroes or mulattoes unlawfully trading with a slave are by the second section of the act of 1820, above referred to, declared to be vagrants, and to be treated in like manner. To preserve the acts entire, these sections are inserted elsewhere in this supplement.

*Acts 1821-2, ch. 22, p. 23.

(a) Former law authorized the sheriff, after twelve months, without claim being made by the owner, to advertise the runaway for sale, 2 Rev. Code 1819, ch. 241, § 5, p. 285. By the act concerning jailors, passed in 1823, acts 1822-3, ch. 30, p. 31, and ante. ch. 145, § 11, p. 205, jailors are prohibited from receiving slaves into jail without warrant, or other public authority, except when taken in execution. By the 13th section of the same act, runaways in jail are to be provided with clothing. It is also made the duty of jailors, by act of 1824, acts 1823-4, ch. 36, p. 38; ante. ch. 146, p. 206, to report to court, within two months, the fact that a runaway slave is committed to jail.

By acts 1822-3, ch. 35, p. 37, rewards are prescribed for apprehending runaways in certain states, and the duties of justices before whom runaways may be brought, are prescribed; post. ch. 177; see also 2 Rev. Code 1819, ch. 241, pp. 284-287. How masters of slaves may have them confined in jail, acts 1823-4, ch. 35, p. 38, § 4; post. ch. 179, § 4. See acts 1828-9, ch. 21, p. 25; post. ch. 184; jailors to ascertain owners of runaway slaves confined in jail, and notify them thereof by letter.

of such orders of

returns.

pies.