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and in case the jury shall find in their verdict that such person has so recovered from such insanity, he shall be discharged from custody; but in case the jury shall find such person has not entirely and permanently recovered from such insanity, the prisoner shall be dealt with as provided in the two following sections.

72. If the prisoner is not a poor person, and the court is $_1144.... satisfied, from the nature of the offense or otherwise, asylum. that it would be unsafe to permit the prisoner to go at large, an order shall be entered of record that he be sent to the asylum, and further requiring the sheriff or other ministerial officer of the court, with such assistance as may be specified in the order, to convey such prisoner to the asylum, after first ascertaining from the superintendent that such prisoner will be received into the asylum, and until the receipt of such information, to keep such prisoner in the county jail, poorhouse or other safe custody; and, further, that the costs which may accrue in carrying into effect this order, and all expenses for the support and maintenance of such person, whilst in the care and custody of the officer and at the asylum, shall be paid out of the proceeds of the estate of such person. And the court shall have power, at each succeeding term, to tax up, so long as it may be necessary, such cost and expenses as may have accrued since the preceding term, and cause the same to be levied and collected by execution; and the officer collecting the same shall pay to the treasurer of the asylum, and to such other persons as may be entitled thereto, their respective amounts due. The clerk of the court shall furnish a copy of the order of the court, under his official seal, to be lodged with the superintendent, upon the admission of the prisoner into the asylum, and issue a warrant upon said order to the officer named in said order, as near as may be of the form specified in section 4137. 73. If the prisoner be a poor person, the court shall make an

order remanding him to the custody of the sheriff or other officer of court, requiring him to hold the

prisoner in safe custody, at the expense of the proper er is a poor county, until the county court shall cause him to be

removed to the asylum, as in the cases of insane poor persons; provided, no examination into the insanity of

8 4145,
as amended
1881, p. 142,
$ 1.
when prison-


If in custody,

the prisoner shall take place before the county court as provided in sections 4132, 4133, 4134 and 4135; but the county court and clerk thereof shall proceed, and the prisoner be dealt with in like manner as other insane poor persons are required to be, after examination had by the county court. It shall be the duty of the clerk of the court trying the prisoner to make out a copy, under his official seal, of the judgment of acquittal of the prisoner, and of the order required by the first part of this section, to be delivered to the officer having custody of the prisoner for his authority for such custody.

74. The sheriff or other officer having the custody of insane persons, as required in sections 4144 and 4145, $4146. shall, if he deem it necessary to their safe custody, how confined confine them to the county poor-house or county jail until they shall be removed to the asylum; and if all things needful be not otherwise supplied, he shall furnish them; and, in such cases, the supplies for the insane poor shall be paid for by the proper county courts out of the county treasuries; and supplies for others than the insane poor shall be paid out of their estates, and may be recovered by suit in the name of such officer.

75. If any person, after having been convicted of any crime or misdemeanor, become insane before the execu- $ 4147, tion or expiration of the sentence of the court, it is shall be the duty of the governor of the state to in- Criminals bequire into the facts, and he may pardon such after convico lunatic, commute or suspend, for the time being, “. the execution of such sentence, and may, by his warrant to the sheriff of the proper county, or the warden of the penitententiary, order such lunatic to be conveyed to the insane asylum, and there kept until restored to reason. If the sentence of such lunatic is suspended by the governor, it shall be executed upon him after such period of suspension has expired; and the expense of conveying such lunatic to the asylum shall be audited and paid out of the fund appropriated for the payment of criminal costs, but the expenses at the asylum for his board and clothing shall be paid as is provided in sections 4144 and 4145, as the case may be; and for this purpose the same power is vested in the governor as is vested by the respective sections in the court trying the case.

as amended 1881, p. 123,

coming insane


19. 79, $1.

have jury to determine their sanity

Ibid $ 2. If insane, to be taken to asylum Expenses, how paid.

76. If any person indicted for any crime in this state, shall, Act of 1883, after his indictment and before his trial on such Prisoners to charge, become insane, and the circuit or criminal

court wherein such person stands charged, shall before trial. have reason to believe that such person has so become insane, it shall be the duty of such court to suspend all further proceedings against such person under said charge, and to order a jury to be summoned to try and decide the question of the insanity of such person, and said judge shall notify the prosecuting attorney of the pendency of such inquiry. The alleged insane person shall be notified of such proceedings unless the court order such person to be brought before it. 77. If upon such inquiry the said jury shall become satisfied

that such person has so become insane, they shall to so declare in their verdict, and the court shall, by

proper warrant to the sheriff, marshal or jailer,

order such person to be conveyed to the lunatic asylum and there kept until restored to reason. And such person shall be thereupon disposed of, and the costs and expenses of conveying him to said asylum and of his support and maintenance at said asylum shall be taxed, paid and collected as provided in section 4144 or as provided in section 4145 of the Rev. Stat. as amended. * * *

78. When such person shall be restored to reason he shall Ibid $ 3. be returned to the county whence he came, and the

he proceedings against him shall be continued and be tried. prosecuted, and his trial had as though no such inquiry and proceedings thereon, as herein provided, had been made and had. 79. If upon such inquiry it shall be determined that said

person has not so become insane as aforesaid, the norisane criminal proceedings against him shall be con

tinued and prosecuted, and his trial had in the same manner as though no such inquiry had been made and had.

When restored to reason to be

Ibid $ 4.

to continue.


CARE OF INSANE. 1. Board of commissioners, appoint

ment. 2. Term of office. 3. Oath of office, bond, interest in con

tracts forbidden. 4. Organization of board. 5. Secretary, duties of; contracts of

commissioners, 6. Commissioners to prescribe rules for

care of insane; sealed proposals. 7. Commissioners, power to contract. 8. Inspection of insane. 9. To certify quarterly to auditor

amounts due contractors. 10. Contractors to provide suitable

building for insane, and notify

probate court. 11. Inquisition of lunacy proceedings. 12. Failure to fulfil contract; power of

commissoners, liability of surety. 13. All insane to be supported by the

territory. 14. Commissioners, compensation. 15. To certify expenses to auditor. 16. Probate judge or commisioner, com

pensation. 17. Sheriff, fees; audit and payment. 18. Commissioners to report to legis

lature; vacancies. 19. Removal of insane from territory,

upon authority of governor.

20. Auditor to draw warrant for ex

pense of removal. | 21. Maintenance of indigent insane;

duty of governor. 22. Commitment of insane wards, pro


CRIMINAL INSANE. 23. Non-accountability to law. 24. Insane convicts, inquisition of

lunacy, transfer to asylum. 25. On recovery, remanded to prison. 26, Probate judge and sheriff, fees. 27. Insane after sentence of death, jury

summoned. 28. Proceedings before jury. 29. Stay of execution during insanity. 30. Sheriff to transmit inquisition to

governor; on recovery, warrant

of execution to issue. 31. Suspension of judgment during in.

sanity. 32. Defendant insane before judgment,

jury impaneled, commitment. 33. No person to be tried while insane, 34. Insane upon arraignment, pro

ceedings. 35. Commitment when found insane. 36. On recovery, remanded to custody. 37. Expenses of insane criminal when

there is no fund provided by the territory.

div. 5, $ 701.

missioners to

legislature, to

1. There shall be elected during the present session of the legislative assembly of the territory of Montana, R. S. of 1979, and biennially at each regular session thereof, by Three comthe legislative assembly, in joint convention assem- be elected by bled, one commissioner from each of the judicial have direcdistricts, as the same are or may be established by insane. law in this territory, who shall constitute the board of commissioners for the insane of Montana territory, and who shall exercise the powers and perform the duties hereinafter mentioned.

2. Said commissioners shall hold their offices respectively for the term of two years, and until their suc- Ibid $ 702. cessors shall be elected and qualified.

Commissioners to hold office for two years.


take oath and

3. It shall be the duty of the secretary of the legislative Ibid 8 703. council, immediately, to notify the persons who may sioners to be elected under the provisions of this article, of give bond. their election, by transmitting to each of them, by the most speedy and reliable means, a copy of the proceedings of such joint convention relating to said election; and the person so elected shall, within ten days after such election, take and subscribe to the following oath : I, A. B., do solemnly swear that I will truly and faithfully discharge the duties of a member of the board of commissioners for the insane of Montana territory; that I will carefully guard against any and all improper expenditures of money in all transactions connected with said board; and that I am not now, and will not be during the continuance of my official term, directly or indirectly interested in any bid or contract made by said board. Who shall give a joint bond in good and sufficient security for the faithful performance of their duty, in the sum of twenty thousand dollars, which oath and bond shall be filed with the secretary of the territory.

4. It shall be the duty of the board of commissioners aforeIbid § 704. said, as soon as practicable after taking the oath sioners to aforesaid, and within forty days after their election, organize. to meet at any place within the judicial districts they may agree upon, and shall organize by electing one of their number as president, and one of them as secretary, of said board.

5. The secretary shall keep and preserve written minutes of Ibid § 705. all proceedings of said board, and shall deliver the preserve pro- same to his successor, and each one of said commisboard con- sioners shall have one vote in determining any quesexecuted." tion or transacting any business by said board, and all contracts of said board shall be executed in the name of the territory of Montana, by the president and secretary of such board.

6. The said commissioners shall have the power to prescribe Ibid $ 706. all necessary rules for the proper custody, maintesloners to pre- nance, and treatment of all persons adjudged infor the cus- sane, as hereinafter provided, within this territory;

and it shall be their duty to publish the same, inviting sealed proposals, within a period of thirty


meet and

Secretary to

ceedings of board ; contracte, how


scribe rules

tudy of insane and to adver tise for sealed proposals.

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