Publication of Nostrums for Secret Diseases, etc., unlawful.

It shall not be lawful to print or publish advertisements of medicines, drugs, nostrums, or apparatus for the cure of secret or venereal diseases, or for the cure of those diseases peculiarly appertaining to females; and if any person shall print or publish, or procure to be printed or published, in any newspaper in this State, any advertisement of medicines, drugs, or nostrums, or apparatus for the cure of secret or venereal diseases, or for the cure of those diseases peculiarly appertaining to females, or shall, by printing or writing, or in any other way, publish an account or description of such medicines, drugs, nostrums, or apparatus, or shall procure the same to be published or written, or in any other way publish, or shall circulate or distribute any such newspaper advertisement, writing, or publication, every such person so offending shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined in any sum not exceeding one thousand dollars, or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court. (Act of March 16, 1870, % 1.

P. L. 40.)

Publication of Nostrums for preventing Conception or procuring Abortion, or Sale thereof.

If any person shall print or publish, or cause to be printed or published, in any newspaper in this State, any advertisement of any secret drug or nostrum purporting to be for the use of females; or if any druggist or other person shall sell or keep for sale, or shall give away, any such secret drug or nostrum purporting to be for the use of females; or if any person shall, by printing or writing, or in any other way, publish an account or description of any drug, medicine, instrument, or apparatus for the purpose of preventing conception, or of procuring abortion or miscarriage; or shall, by writing or printing, or any circular, newspaper, pamphlet, or book, or in any other way, publish or circulate any obscene notice; or shall, within this State, keep for sale or gratuitous distribution any secret drng, nostrum, or medicine for the purpose of preventing conception, procuring abortion or miscarriage; such

person or persons, so violating any of the provisions of this act, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined in any sum not exceeding one thousand dollars, or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court: Provided, that nothing in this act contained shall be construed to affect teaching in regular chartered medical colleges, or the publication of standard medical books. (Ibid. 2.)

An Act to provide for the admission of certain classes of the Insane into hospitals for the Insane in this commonwealth, and their discharge therefrom.

Be it enacted, etc., That insane persons may be placed in a hospital for the insane by their legal guardians, or by their relatives or friends, in case they have no guardians, but never without the certificate of two or more reputable physicians, after a personal examination, made within one week of the date thereof, and this certificate to be duly acknowledged and sworn to or affirmed before some magistrate or judicial officer, who shall certify to the genuineness of the signature, and to the respectability of the signers.

SEC. 2. That it shall be unlawful and be deemed a misdemeanor in law, punishable by a fine of not exceeding one hundred dollars, for any superintendent, officer, physician, or other employé of any insane asylum, to intercept, delay, or interfere with in any manner whatsoever, the transmission of any letter or other written communication, addressed by an inmate of any insane asylum, to his or her counsel, residing in the county in which the home of the patient is, or in the city or county in which the asylum is located.

SEC. 3. On a written statement, properly sworn to or affirmed, being addressed by some respectable person to any law judge, that a certain person, then confined in a hospital for the insane, is not insane, and is thus unjustly deprived of his or her liberty, the judge shall issue a writ of habeas corpus, commanding that the said alleged lunatic be brought before him for a public hearing, where the question of his or her alleged lunacy may be determined, and where the onus of proving the said alleged lunatic to be in

sane shall rest upon such persons as are restraining him or her of his or her liberty.

SEC. 4. Whenever any person is acquitted in a criminal suit on the ground of insanity, the jury shall declare this fact in their verdict, and the court shall order the prisoner to be committed to some place of confinement for safe keeping or treatment, there to be retained until he may be discharged in the manner provided in

the next section.

SEC. 5. If, after a confinement of three months' duration, any law judge shall be satisfied by the evidence presented to him that the prisoner has recovered, and that the paroxysm of insanity in which the criminal act was committed was the first and only one he had ever experienced, he may order his unconditional discharge. If, however, it shall appear that such paroxysm of insanity was preceded by at least one other, then the court may in its discretion appoint a guardian of his person, and to him commit the care of the prisoner; said guardian giving bonds for any damage his ward may commit; provided, always, that in case of homicide, or attempted homicide, the prisoner shall not be discharged, unless in the unanimous opinion of the superintendent and managers of the hospital, and the court before which he or she was tried, he or she has recovered and is safe to be at large.

SEC. 6. Insane persons may be placed in a hospital by order of any court or law judge after the following course of proceedings, namely: On statement in writing of any respectable person that a certain person is insane, and that the welfare of himself or of others requires his restraint, it shall be the duty of the judge to appoint immediately a commission, who shall inquire into and report upon the facts of the case. This commission shall be composed of three persons, one of whom, at least, shall be a physician, and another a lawyer. In their inquisition they shall hear such evidence as may be offered touching the merits of the case, as well as the statements of the party complained of, or of his counsel. If in their opinion it is a suitable case for confinement, the judge shall issue his warrant for such disposition of the insane person as will secure the object of the measure.

SFC. 7. On statement in writing to any law judge, by some friend of the party, that a certain person placed in a hospital under the fifth section, is losing his bodily health, and that consequently his welfare would be promoted by his discharge, or that his mental disorder has so far changed its character as to render his further confinement unnecessary, the judge shall make suitable inquisition into the merits of the case, and according to its results, may or may not order the discharge of said person.

SEC. 8. Persons placed in any hospital for the insane may be removed therefrom by parties who have become responsible for the payment of their expenses; provided that such obligation was the result of their own free act and accord, and not of the operation of law, and that its terms require the removal of the patient in order to avoid further responsibility.

SEC. 9. If it shall be made to appear to any law judge that a certain insane person is manifestly suffering from the want of proper care or treatment, he shall order such person to be placed in some hospital for the insane at the expense of those who are legally bound to maintain such insane person, but no such order shall be made without due notice of the application therefor shall have been served upon the persons to be affected thereby, and hearing had thereon.

SEO. 10. If the superintendent or officers of any hospital for the insane shall receive any person into the hospital, after full compliance with the provisions of this act, no responsibility shall be incurred by them for any detention in the hospital.

SEC 11. That nothing in this act shall be construed so as to deprive any alleged lunatic or habitual drunkard of the benefit of the writ of habeas corpus, or trial by jury, or any other remedy guaranteed to alleged lunatics or habitual drunkards by any existing laws or statutes of the commonwealth of Pennsylvania.

(For the law in regard to the registration of births, marriages, and deaths, see p. 255.)

An Act to prohibit the sale of Academic Degrees.

Be it enacted, etc., That it shall not be lawful for any university, college, or other institution incorporated under the laws of this State, with power to grant academic degrees, honorary or otherwise, to confer the same upon any person or persons, upon the payment, or promise of payment, by any person, in consideration thereof; and any person knowingly signing a diploma or other instrument of writing purporting to confer an academic degree, when such consideration has been paid, or promised to be paid, shall be guilty of a misdemeanor, and, on conviction thereof, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment not exceeding six months, or both, or either, at the discretion of the court. (Act of May 19, 1871.)

The Board of Health*

Assumed its present organization under an act of Assembly in 1818. Its office is at the southwest corner of Sixth and Sansom Streets, and is open from 9 A. M. to 3 P. M. daily (Sundays excepted). It consists of twelve members, four of whom come in in July of each year, to serve three years; being appointed, three by the Court of Common Pleas, and one by the Select and Common Councils in joint convention.

*See also page 118, for information in regard to the Municipal Hospital.