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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.

The reputed father of a bas

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delivered of a bastard child after the birth thereof, give

fard to maintain or children, and shall, at any time information to some Trial Justice of the County in which she


1795, V, 270,


1; 1839, XI, 24, resides, or may be so delivered, and will declare, on oath, who is the N. & Me, father of her child or children, it shall be the duty of such Trial

554, 203; 2 N.

& McC., 425; 2 Justice to issue a warrant to apprehend and bring before him, or

McC., 299; 2

C., 85.

Sob, 152; 1 s. some other Trial Justice, the person so accused, who shall be obliged to enter into a recognizance, with two good and sufficient sureties,

in the penal sum of three hundred dollars, conditioned for the 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.


To give bond,



refuse to d clare

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bastard to be jail or give secu


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 may, on information thereof, and that such child is likely to become rity. 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 aforesaid 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.


If warrant is resisted, Consta

turn to Clerk of Court, and party may be in


SEC. 3. Should the person accused evade or resist the warrant so issued, it shall be the duty of the Constable to return the ble to make resame to the Clerk of the Court as other Sessions papers, with special note thereof, by way of return, on oath, whereupon a bill dicted, &c. of indictment may be given out, and, if found, a bench warrant 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.

7 Rich.. 362; 14 Rich., 29.

In case of derial by reputed father, jury to

try the question;

if he be convictsecurity, &c.

ed he shall give

lb.; 1847, XI,


SEC. 4. Should such person be unable to comply with the requisitions hereinbefore mentioned, or should he deny that he is the father of the said child or children, a jury shall be charged, in the Court of Sessions, to try the question whether the accused is or is not the father of such child or children; and on his acquittal he shall be discharged; or, if convicted, he shall be required to give the rity or recognizance hereinbefore required; and in default thereof, Hil, 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.


14 Rich., 177; 11 Rich., 356;



case of twi s, recogni

z nee to be for

SEC. 5. If the birth be of twins, the recognizance or judgment shall be conditioned for the support of both the bastards, and for the payment of double the amounts required in the case of a sin- &c. gle child.

support of both,

1795, V, 270, 21. 1 McM.. 338; 10 Rich., 361.

Legislature to ele t nine Regents.



1. Legislature to elect nine Regents;
their term of office; classifica-
tion; filling vacancies.

2. Regents incorporated, their pow-
ers, &c.; to establish rates of ad-

3. Who to be admitted to Asylum:
1. Those found idiots, &c., upon
inquisition, &c.;

2. Where requested by husband
or wife, or next of kin ;

3 Those so declared after exami-

4. Idiots from other States may be
admitted at usual rates.

5. Judges may direct inquisitions ;
order to be made on return there-

6. In criminal cases Judges may send


persons non compos mentis to Asyfum: how to be supported.

7. Judges of Probate may commit Junatics, &c., to Asylum.

8. Certain inmates not to be retained more than ten days without examination, &c.

9. Transient pauper lunatics to be received; appropriation for support.

10. Terms of admission; bond to be sued if not paid. Advances not

to be exacted in certain cases. 11. Discharge of lunatis, &c. 12. Persons employed maybe removed. 13. Regents to report to the Legisla


14. Lots vested in Regents of Asylum. 15. May close up certain streets.

SECTION 1. That there shall be elected by both branches of the Legislature, nine Regents of the Lunatic Asylum, who shall hold 1827, V1,322, 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 class fiation; 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.

filling of vacaLcies.

Regents incor

porated; their rowers, &e.



SEC. 2. The said Regents, by the name of "The Regents of the 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 emolestablish uments of the keeper, officers, or medical attendants. To establish the rate of admission, maintenance and medical attendance of all

rules of admission.

the subjects of the said institution, providing such rates as shall support the institution without any charge on the Treasury of the State.

Who to be ad

Ib.: Con., Art.

SEC. 3. It shall be the duty of the Regency to admit as subjects mitted to syof the institution all idiots, lunatics and epileptics, being citizens of lum. this State, according to the following regulations, and subject to the IV, 20. following conditions, that is to say:

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

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

quested by hus

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 the idiot or lunatic.

of band or wife, &c.

3. These so declared after ex

3. All persons who shall be declared lunatics, idiots or epileptics, after due examination by one Trial Justice and two licensed prac- amination. 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 be admitted on such evidence of their lunacy or idiocy as the 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.

Idiots from othadmitt

er States to be

usual rates.


Judges may d


rect inquisitions. Th., 324, 2 4; 1939, XI, 31, 2

SEC. 5. Whenever a Judge of Probate, or Judge of the Circuit Court, shall direct an order to any Trial Justice, to inquire as to the idiocy, lunacy or epilepsy of any person, or when information, on 2 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 harmless or dangerous or annoying to the community; and thereupon the Judge or the Board of County Commissioners, in his or its discretion, may make an order that the said person shall be sent thereof. to the Lunatic Asylum.

Order to be made on return

cases Judge may

send persors non

compos mentis

SEC. 6. Any Judge of the Circuit Court is authorized to send to In criminal the Lunatic Asylum every person charged with the commission of any criminal offense, who shall, upon the trial before him, prove to be non compos mentis; and the said Judge is authorized to make all

to Asylum.

1822, VII, 382,


necessary orders to carry into effect this power. Where the person How 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 return to a writ de lunatico inquirendo.

Judge of Pro

bate may com

to Asylum.

Code of Proced.

ure, $ 72.

SEC. 7. The Judge of the Probate Court may commit to the Lumit lunat e,&c., natic Asylum any idiot, lunatic or person non compos mentis, who, in his opinion, is so furiously mad as to render it manifestly dangerous 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

not to be retained without examination, &c.

1827,VI, 322, 1.

Transient pauper lunatics to

SEC. 8. No lunatic, idiot or epileptic, who may be declared a fit subject for the institution by a Trial Justice and two physicians, or who shall be sent from a sister State, shall be retained in the institution 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 declaration 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 had the proceedings been under a writ de lunaticò inquirendo.

SEC. 9. Transient paupers, lunatics, idiots or epileptics, sent to be received. the Asylum by virtue of the existing laws, shall be supported at Th; 1858, XIII, the expense of the State, and the Regents are hereby authorized to XIV, 672, 21. 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

712. 2 1: 1871,

for support.

Terms of admission.

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.

SEC. 10. No subject shall be admitted into the institution until 1827, VI, 323, 1. one-half year's expense of maintenance and medical attendance there shall be paid to the Treasurer of the Regency; and a bond and good security shall be given to pay the said expenses half yearly, in advance, so long as 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

to be exacted in

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