1897 public laws – Ch. 520 Sec. 5

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CHAPTER 820 An act to provide for the support, maintenance and other purposes of the state hospital at Morganton, the North Carolina Insane Asylum at Raleigh, and the eastern hospital at Goldsboro. The General Assembly of North Carolina do enact:

That there is hereby established and created in the state penitentiary a department to be known and designated as the department for the criminal insane, and all persons in the state who are now insane and, who committed a crime while insane, or who were insane at the time arraigned for trial and confined in any of the insane institutions of the state, shall be transferred to the said department for the criminal insane so to be set apart by the principal and trustees of the state penitentiary. All persons who may hereafter commit crime while insane, and all persons who, being charged with crime and insane at the time of their arraignment, or when put upon trial, may be sent by the court before whom they are or may be arraigned, or to be tried when it is, or may be ascer- r tained by due course of law that such person is then or was insane, to the department for the criminal insane in the state penitentiary at Raleigh for treatment, under such rules and ~ regulations as the superintendent and directors of the state penitentiary may from time to time prescribe. In thisdepart- ment for the criminal insane, the races and the sexes shall be. kept in separate apartments, and shall be under the medical care and treatment of the physicians and surgeons of the central hospital at Raleigh. The principal of the said central hospital is charged with their eare and treatment, and may from time to time delegate this duty to one or more of his assistant physicians, or to one or more of the surgeons or physicians at the penitentiary ; but the care, treatment and cure of such ecriminalinsane shall at all times be under the supervision and direction ag herein of the said principal of the central hospital at Raleigh. That whenever the principal of the central hospita! shall certify in writing that any one of the criminal insane are cured or restored to their normal mental health, the superintendent of the state penitentiary shall notify the sheriff of the county from which said criminal insane was sent, whose duty it shall be to convey said prisoner insane person to the county from which he or she was sent, and hold the same in eustody, under the order and direction of the resident judge of the superior or criminal court or the judge then riding the eircuit or district in which said county is embraced. That the y My, betes a af . as a! said criminal! insane, which so confined in the department for the criminal insane, are to be treated in all respects as insane patients, and confined for the purpose of treatment and cure in the same manner, in all respects, as otherinsane persons are kept and eared for in other insane institutions of the state.

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