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$ 4666 d. Insane

$ 4695. Oath of .inquest of insanity.

Insane per

54. In every case where a convict is sentenced to the peni

tentiary of this state, and becomes insane, whether convicts. in the hands of a lessee or otherwise, on the fact being established to the satisfaction of the governor, he shall direct said convict to be removed to the lunatic asylum, there to be supported and receive medical assistance, as other pauper patients do, at the expense of the state. 55. On the trial of the question of insanity, arising after the

person shall have been condemned to die, provided inahest of for by section 4666 of this code, the following oath

ty shall be administered to the jury, to wit: "You, and each of you, do solemnly.swear (or affirm) that you will well and truly try this issue of insanity between the state and A. B., now condemned to die, and a true verdict give according to evidence. So help you God.” .

56. No lunatic, or person afflicted with insanity, shall be $ 4673.

tried, or put upon his trial, for any offense, during Logane pesed the time he is afflicted with such lunacy or insanity,

rime. which shall be tried in the manner hereinbefore pointed out, where the plea of insanity at the time of offense is filed, and, on being found true, the prisoner shall be disposed of in like manner. 57. If a penitentiary convict becomes afflicted so as the

affliction would entitle another person to a place in on said asylum, he shall be received therein if accom

• panied by the certificate of the physician to the penitentiary and the principal keeper thereof of said fact. The certificate shall also show the name of the convict, the offense for which sentenced, the county from whence sentenced, and his term of service, which shall be filed away.

58. If said convict has the necessary means, he shall pay $1370, telow for his support as long as he remains at the asylum. 59. If such convict shall recover before his term of service

has expired, the fact shall at once be certified by the # superintendent to the principal keeper of the peni

tentiary, who shall forthwith have said convict taken back into the penitentiary. 60. When a person has been acquitted of a capital crime on crimi- the ground of insanity, and such person is committed

to the asylum, he shall not be discharged thence

8 1369. Insane convicts, how admitted.


8 1371. Cured convicts, how disposed of.

$ 1374. Insane crimi. nals, how dealt with,

except by special act of the legislature. If the crime is not capital, he shall be discharged by warrant or order from the governor. If sentence is suspended on the ground of insanity, upon restoration to sanity the superintendent shall certify the fact to the presiding judge of the court where he was convicted.


EXAMINATION AND SUPPORT OF 7. Support of insane, by whom paid.

INSANE. 1. Commissioners, appointment of,

CRIMINAL INSANE. power to contract for keeping 18. Non-accountability to law. insane.

9. Jury trial of insanity. 2. Contract, copies of to be distributed. 10. Suspension of criminal proceedings. 3. Examination of insanity and indi 11. Order of inquiry.

gence, commitment, expenses. 12. Judge's charge. 4. Examination to be public, physi 13. If sane, resumption of trial.

cian's certificate; non-residents, 14. If insane, suspension of trial; compowers of courts.

mitment. 5. Commitment to asylum, certificate 15. Exoneration of bail, if insane. of, tiling of duplicates.

| 16. Returned to custody on recovery. 6. Records of asylums submitted to 17. Expenses of, how paid.


p. 300, $1. Commis sioners.


1. The governor of Idaho territory and John Hailey, the Act of 1881, president of the council thereof, are hereby ap

pointed commissioners of Idaho territory, to contract on behalf of said territory, with the proper au

thorities of the state of California, or Oregon, or both, or with the proprietor or proprietors of any insane asylum in either or both of said states, for the keeping, treatment, and maintenance of the indigent insane of Idaho territory, if in the judgment of said commissioners, such contracts can be made upon reasonable terms, and in such manner as to secure the skilful treatment of such persons. 2. After such contract or contracts have been made and en

tered into, copies of the same shall by said commisDistributionsioners be distributed to the boards of county com

missioners, and the auditors and recorders of the several counties of this territory.

3. Whenever such contract or contracts shall have been Ibid $3.

made as aforesaid, any person who is alleged to be lon indigent and insane, and a resident of the county

where the complaint is made, shall be brought before any court of record of said county, or a judge thereof, and examined, and if the evidence produced at the examina

Ibid & 2.

of copies of contract.

Examination of alleged insané,

to asylum at expense of

tion shows that the person examined is a resident of said county, and is indigent and insane, and should for Care of the security of the public or for the good of such dangerous. insane person, be kept in custody, the said court or judge shall make an order to that effect, and the person so declared to be insane, as aforesaid, shall be conveyed to the proper Conveyance asylum which shall be designated in such order, at the expense of the county of which he or she is a county. resident, but the expense and all charges for the care, treatment, and maintenance of such insane person at such asylum, as well as the expenses incident to a discharge therefrom, or death, shall be chargeable to and paid by the territory; provided, that if it shall appear from such examination before such court or judge that such person is indigent and insane, but that such insanity is of a character that the public safety or the good of such person does not require him or her to be confined, such court or judge shall so certify, and such person shall be cared for as is now provided by law for the care of the indigent, sick, idiotic, and insane persons in the several counties of this territory.

4. All examinations of persons alleged to be insane shall be public, and the court or judge before whom the ex- it amination shall be held, shall not order, adjudge or decree the person examined to be insane, unless at pr least one physician, a graduate in medicine, testifies te on the examination that he believes the person so physicians. examined is insane, and whether, in his opinion, it would endanger the public safety to permit such person to run at large. If it appears at such examination that the person so tra examined is insane, but not a resident of the county in which the examination is held, and is a resident county. of another county in this territory, the court or judge shall by order direct that the person so examined and all the papers relating to the case, be turned over and delivered to the proper court, or judge of the county of which the person so examined is a resident, which court or judge shall examine the case anew. For the purpose of such examinations, or of Powers o any examination of a person alleged to be insane, court. under the provisions of this act, any court or judge having jurisdiction, is authorized to issue subpænas, warrants of arrest,

Ibid $ 4. Examination of insane to be public.

Testimony of

Transfer o examination to proper

Ibid $5.

to asylum and duty of person in charge.

Duty of mana.

or any other process necessary for the exercise of the jurisdiction conferred by this act, and have them duly served by the sheriff or other proper officer. 5. The several boards of county commissioners of this terri

tory shall provide for the transportation of any pertauspartame son found to be insane, and ordered to be placed in

| an asylum as aforesaid, from their respective coun

*. ties to the proper asylum, and the person or persons in charge of such asylum shall in every instance execute a certificate in duplicate, certifying at what time and from what person any such insane person was received at such asylum. One copy of which certificate shall be filed with the clerk of the board of county commissioners of the proper county and the other copy with the territorial controller.

0. It shall be the duty of the owner, proprietor, or managing Ibid $ 6. agent of any asylum, with whom such contract as ger or asylum. aforesaid, be made, to render to the territorial controller, a verified account, at least, once every three months, for the keeping of any insane person, together with a statement showing the condition of any such insane person or persons under treatment at such asylum, and if any such insane person die, escape, or be discharged from such asylum, to immediately report the fact, and date of every such death, escape, or discharge to the said controller.

7. All claims against the territory for the maintenance and Ibid $ 7.

care of the indigent insane in any such asylum shall inst be presented to the territorial controller, who shall finsane. credit the same, and if the account is correct and due, he shall draw a warrant for the amount payable out of the territorial treasury out of any moneys not otherwise appropriated, and the territorial treasurer shall pay the same in its regular order.

8. An act done by a person in a state of insanity cannot be Rev. Laws of punished as a public offense; nor can a person be. Prac. $ 566 tried, adjudged to punishment, or punished for a cuses crime. public offense while he is insane.

9. When an indictment is called for trial, or upon convicIbid $ 567.

tion, the defendant is brought up for judgment, if a Inquiry into doubt shall arise as to the sanity of the defendant,

the court shall order the question to be submitted to

Claims against territory for

74-75, Criin.

Insanity ex


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