act-1938-1-21•Pennsylvania Act 1938-21 (session 1) — MENTAL HOSPITALS, ESTABLISHMENT AND ABANDONMENT
Pennsylvania Act 1938-21 (session 1) — MENTAL HOSPITALS, ESTABLISHMENT AND ABANDONMENT
act-1938-1-211938 Pa. Act 21 (session 1)Law
Act text
MENTAL HOSPITALS, ESTABLISHMENT AND ABANDONMENT
Act of Sep. 29, 1938, Special Session 1, P.L. 53, No. 21 Cl. 50
Special Session No. 1 of 1938
No. 1938-21
(Act reenacted and amended May 25, 1945, P.L.1074, No.396)
AN ACT
Relating to institutions of counties, cities, wards, boroughs,
townships, institution districts and other political
subdivisions, for the care, maintenance, and treatment of
mental patients; providing for the transfer to the
Commonwealth for the care, maintenance and treatment of
mental patients of such institutions, and all grounds, lands,
buildings and personal property of such political
subdivisions used for the care and maintenance of indigent
persons connected with such mental institutions; providing
for the management and operation or closing and abandonment
thereof; and the maintenance of mental patients therein;
including the collection of maintenance in certain cases;
providing for the retransfer of certain property to counties,
cities, wards, boroughs, townships, institution districts and
other political subdivisions under certain circumstances;
conferring and imposing upon the Governor, the Department of
Welfare, the courts of common pleas and counties, cities,
wards, boroughs, townships, institution districts and other
political subdivisions certain powers and duties; prohibiting
cities, counties, wards, boroughs, townships, institution
districts and other political subdivisions from maintaining
and operating institutions, in whole or in part, for the care
and treatment of mental patients; and repealing inconsistent
laws.
Whereas, Experience has proven that the care and maintenance
of indigent mentally ill persons, mental defectives and
epileptics should be centralized in the State Government in
order to insure their proper and uniform care, maintenance,
custody, safety and welfare; and
Whereas, Complete care for such persons in institutions
operated exclusively by the State Government will effect great
economies for municipal subdivisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. All buildings acquired or erected by any county,
city, ward, borough, township, institution district or other
political subdivision for the care, maintenance and treatment of
mental patients, the personal property within such buildings or
incidental thereto, and any and all other grounds and lands
connected therewith or annexed thereto, are hereby transferred
to and vested in the Commonwealth of Pennsylvania, regardless of
whether or not such property was used solely for mental patients
or in common with indigent persons: Provided, That where any
such buildings for mental patients are operated in conjunction
with buildings dedicated to the care and maintenance of indigent
persons who are not mental patients, the buildings used for the
care of such persons, the personal property within such
buildings, or incidental thereto, the land actually occupied by
such buildings, and the lands or yards presently set apart for
the use of the indigent persons cared for in such buildings, and
the lands necessary for ingress and egress thereto and
therefrom, are also hereby transferred to and vested in the
Commonwealth upon compliance with the provisions set forth in
subsection (b) of section 2 of this act.
Where any lands and property so transferred are presently
used by any county, city, ward, borough, township, institution
district or other political subdivision as a farm and woodlands
in connection with buildings dedicated to the care and
maintenance of indigent persons who are not mental patients,
said lands and property are also hereby transferred to and
vested in the Commonwealth.
Where auxiliary structures and facilities furnishing light,
heat, power, water, laundry, kitchen, sewage treatment services
and coal supply are so transferred to the Commonwealth which
were theretofore used in common for the buildings devoted to
mental patients and also the buildings devoted to indigent
persons, such auxiliary structures, facilities, services and
supplies shall remain vested in the Commonwealth: Provided,
however, That from and after the transfer to the Commonwealth of
all grounds, lands, buildings, and personal property used for
the care and maintenance of indigent persons, the Commonwealth
shall be relieved from all obligation to furnish any institution
district with such services.
Any property so transferred to and vested in the Commonwealth
shall, if found suitable in accordance with this act, be
thereafter used as a State mental hospital, but if such property
shall, be found unsuitable for such purpose, or shall be
thereafter abandoned by the Commonwealth as such a hospital
before substantial improvements thereto have been made, then, in
either event, such building lands and personal property so
transferred to the Commonwealth shall absolutely revert to and
vest in the county, city, ward, borough, township, institution
district or other political subdivision from which transferred,
and the Commonwealth shall have no further claim or title
thereto.
In the event that any personal property originally
transferred to the Commonwealth cannot be returned to the
political subdivisions from which transferred, other personal
property of value equivalent to that which was originally
transferred to the Commonwealth may be returned by the
Commonwealth to such political subdivision, or the value of the
personal property originally transferred to the Commonwealth at
the date of return may be paid by the Commonwealth to such
political subdivisions from funds appropriated to the Department
of Welfare for such purpose.
Compiler's Note: Section 4 of Act 364 of 1967 provided that
section 1 is repealed insofar as it is inconsistent with
Act 364.
Compiler's Note: Section 3 of Act 569 of 1965 provided that
section 1 is repealed insofar as it is inconsistent with
Act 569.
Compiler's Note: Section 3 of Act 310 of 1965 provided that
section 1 is repealed insofar as it is inconsistent with
Act 310.
Compiler's Note: Section 4 of Act 130 of 1953 provided that
section 1 is repealed insofar as it is inconsistent with
Act 130.
Section 2. (2 repealed June 12, 1951, P.L.533, No.141)
Section 3. (3 repealed June 12, 1951, P.L.533, No.141)
Section 4. (4 repealed June 12, 1951, P.L.533, No.141)
Section 5. (5 repealed June 12, 1951, P.L.533, No.141)
Section 6. (6 repealed June 12, 1951, P.L.533, No.141)
Section 7. (7 repealed June 12, 1951, P.L.533, No.141)
Section 8. (8 repealed June 12, 1951, P.L.533, No.141)
Section 8.1. (8.1 repealed June 12, 1951, P.L.533, No.141)
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