New Hampshire Asylum for the Insane v. Belknap County

Supreme Court of New Hampshire

New Hampshire Asylum for the Insane v. Belknap County

44 A. 928, 69 N.H. 174

DecidedJune 5, 1897

StatusPublished

This text of 44 A. 928 (New Hampshire Asylum for the Insane v. Belknap County) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New Hampshire Asylum for the Insane v. Belknap County, 44 A. 928, 69 N.H. 174 (N.H. 1897).

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Opinion

Carpenter, C. J.

“ The governor and council . . . may transfer any prisoner who is insane to the asylum for the insane, to be there kept at the expense of the state, whenever they are' satisfied that such . . . transfer will be conducive to the health and comfort of the person and the welfare of the public.” P. S.,. c. 255, s. 4. There is nothing in the statute indicating that the liability of the state for the support of a prisoner transferred to the asylum is to terminate at the end of the term for which he is sentenced. He is to be kept in the asylum at the state’s expense until he is discharged according to law. The place of his residence or settlement is immaterial. The state prison is not a “hospital” or “other charitable institution” within the meaning of the act of March 21, 1895, which provides that “Any person who shall become a pauper or public charge while at any orphans’ home, hospital, home for the aged, or other charitable institution, or within three months after leaving such institution, shall be chargeable for support to the county in which he last resided before entering such institution, unless such person has-a settlement in some town, or some other county is liable for his support.” Laws 1895, c. 54. The act has no application to the.present question.

Judgment for the defendants.

All concurred.

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Carpenter, C. J.

“ The governor and council . . . may transfer any prisoner who is insane to the asylum for the insane, to be there kept at the expense of the state, whenever they are' satisfied that such . . . transfer will be conducive to the health and comfort of the person and the welfare of the public.” P. S.,. c. 255, s. 4. There is nothing in the statute indicating that the liability of the state for the support of a prisoner transferred to the asylum is to terminate at the end of the term for which he is sentenced. He is to be kept in the asylum at the state’s expense until he is discharged according to law. The place of his residence or settlement is immaterial. The state prison is not a “hospital” or “other charitable institution” within the meaning of the act of March 21, 1895, which provides that “Any person who shall become a pauper or public charge while at any orphans’ home, hospital, home for the aged, or other charitable institution, or within three months after leaving such institution, shall be chargeable for support to the county in which he last resided before entering such institution, unless such person has-a settlement in some town, or some other county is liable for his support.” Laws 1895, c. 54. The act has no application to the.present question.

Judgment for the defendants.

All concurred.

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Bluebook (online)

44 A. 928, 69 N.H. 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-hampshire-asylum-for-the-insane-v-belknap-county-nh-1897.