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tion of lunacy. When an infant is a party, he must appear either by his general guardian, if he have one, or by a guardian appointed by the justice, as follows:

(1) If the infant be plaintiff, the appointment must be made before the summons is issued, upon the application of the infant, if he be of the age of fourteen years; if under that age, upon the application of a relative or friend.

(2) If the infant be defendant, the guardian must be appointed at the time the summons is returned, or before the answer. It is the right of the infant to nominate his own guardian, if the infant be over fourteen years of age; otherwise the justice must make the appointment.

23. A person who is an idiot, or insane, is of unsound mind, Div. 4,8 3. and incapable of forming an intention to commit sane persons. a crime.

Idiots and in

Trial of con.

and removal

24. Whenever it shall appear that a territorial convict, who Div. 5, § 241. is serving a term of imprisonment in the United vict's sanity States penitentiary at Deer Lodge, or other prisons to asylum. where territorial convicts are confined, is insane, the warden, or other officer in charge of such penitentiary or prison, shall certify the fact to the probate judge of the county in which such penitentiary or prison is located. The said judge shall thereupon cause the said convict to be brought before him, at such time and place as he may direct, and the said judge shall, also, cause to appear, at the same time and place, a jury of three citizens of his county, one of whom shall be a licensed practicing physician, who shall proceed to examine the person said to be insane; and, if such jury, after careful examination, shall certify, upon oath, that the charge is correct, such judge shall make out duplicate warrants reciting such facts, and place them in the hands of the sheriff of said county, who shall immediately, in compliance therewith, convey the person therein named and deliver him to the contractor for the custody, maintenance and treatment of insane persons, at the place designated; and such contractor shall acknowledge, by endorsement in writing upon each of said warrants, the delivery of such persons therein described to him, and the date thereof; and such sheriff shall return one of said warrants to the officer issuing the same, and forward the other to the governor of the territory, who shall file and preserve the same.


return to

Officers' fees.

become insane proceeding of


25. If, at any time during the period for which such convict was sentenced, it shall appear to such contractor Ibid § 242. that he is restored to reason, and is of sound mind, of reason ; he shall notify the sheriff of the county in which prison. such penitentiary or prison is located, who shall thereupon convey and deliver him to the warden, or other officer in charge of such penitentiary or prison, and such convict shall be confined for the remainder of the term for which he was sentenced.

26. For the sevices required by this article, the probate judge and sheriff shall receive the fees that are provided lbid 8 243. by section 716 and 717 of chapter 30, relating to Office insane.

27. If, after any criminal be sentenced to the punishment of death, the sheriff shall have cause to believe that Div. 3. & 379. such criminal has become insane, he may summon temacteerimin a jury of twelve competent jurors, with the concurrence of the judge of the court by which the judg- lugu ment was rendered, to inquire into such insanity, giving notice thereof to the attorney prosecuting.

28. The attorney prosecuting shall attend such inquiry, and may produce witnesses before the jury, and may ibid $ 380. cause subpænas to be issued by the clerk for that á purpose; and disobedience thereto may be punished quiry. by the district court in the same manner as in other cases.

29. The inquisition of the jury shall be signed by them and by the sheriff. If it be found that such criminal is hid ş 381. insane, the sheriff shall suspend the execution of insane, executhe sentence until he receive a warrant from the pended. governor, or from the supreme or district court, as hereinafter authorized, directing the execution of the criminal.

30. The sheriff shall immediately transmit such inquisition to the governor, who may, as soon as he shall be sbid $ 332. convinced of the sanity of such criminal, issue a transmitted to warrant appointing a time and place for the execu- duty of gov'r. tion, pursuant to his sentence, or he may, in his discretion, commute the punishment to imprisonment for life.

31. Judgment shall not be entered against any defendant while he is insane.

Ibid 8 391. 32. If any defendant, upon whom the court is about to pass

Prosecuting attorney shall attend in

If criminal

tion sus



If defendant

insane, duty

proceedings thereon.

insane when arraigned, court to insti.

Ibid § 392. judgment, declare that he is insane, the court, if he declare he is finds there is reasonable cause for believing the of court. and declaration, may order a jury to be impaneled to

determine the fact; and witnesses may be introduced on the part of the defendant and the territory. If the jury find that the defendant is insane, the court shall order him to be placed in the custody of the person provided by law for the keeping of insane persons; if no such person be provided, then to the custody of some suitable person. Whenever it shall appear to the satisfaction of the court that such person has become sane, he shall order him to be produced for judgment.

33. No person shall be tried for any offense while he is Ibid § 463. insane.

34. If any defendant, at the time he is arraigned, declares Ibid Ş 464. he is insane, or there is reasonable cause for believdeclares he is ing he is insane, the court shall institute the same arraigned, proceedings as is provided when a defendant detute inquiry. clares he is insane, when called upon to show why judgment of court should not be pronounced against him.

35. If the jury find that the defendant is sane, the trial Ibid 8 465. shall proceed; but if insane, the defendant shall be

'he delivered to the custody of the person provided by cus. law for the keeping of the insane, or to the custody

of some suitable person. 36. If the person to whose custody such insane person is Ibid § 466 confided, at any time think he has recovered his 8400, returned reason, he shall bring him into court, and deliver

him to the proper officer; and if the court is satisfied that such defendant is sane, the trial shall proceed.

37. The keeping of an insane defendant, where there is no Ibid $ 487 fund provided by the territory for the keeping of ing insane de insane persons, shall be at the expense of the county

where the offense was committed.

If sane, trial to proceed ; if insane, retaiped in cus. tody.

If become

to court and tried.



CONSTITUTIONAL PROVISIONS. | 28. Chaplain how appointed. 1. Creation of board of public lands

29. Superintendent's, salary.

30. Bonds of officers. and buildings. 2. Officers, accounts of.

ADMISSION AND DISCHARGE. 3. Officers, reports of.

31. Commissioners of insanity, appointBOARD OF PUBLIC LANDS AND

ment, qualifications, term of office, BUILDINGS.

32. Oath of office, organization. 4. Powers of board.

33. Clerk of board, duties. 5. Custody of building.

34. Commissioners to have cognizance 6. General management; disbursement

of applications for admission; of funds.

judical powers. 7. Examination of accounts.

35. Applications for admission, con

tents. 8. Payment of accounts. 9. Investigation of charges against

36. Examination, physician's certifi

cate. officers. 10. Schedule of state property required.

37. Commitment to asylum ; warrant,

superintendant's receipt; female BOARD OF SUPPLIES OF STATE INSTI

attendants; warrant directed to TUTIONS.

relatives on request.

38. Settlement of patient, investigation 11. Purchases and contracts to be ad

of, notice to proper county. vertised.

39. Support, expenses borne by county 12. Board of supply ; proposals.

of settlement. 13. Other supplies purchased under the

40. Reimbursement by proper county. direction of the board.

41. Support, expenses borne by state 14. Advertisements.

when settlement is unascertained;

removal of such patient in discreGOVERNMENT OF ASYLUMS.

tion of trustees. 15. Location and title; government | 42. Impartial treatment of all patients, vested in trustees.

special care on agreement. 16. Trustees, powers and duties; in | 43. Support, may be borne by relatives. spection of asylum.

44. Temporary support by commision17. Steward and matron; resident offi

ers, pending admission; indigent cers.

and private patients, care of. 18. Trustees to hold property in trust. 45. Support of insane out of hospital. 19. Records and reports of trustees. 46. Commissioners to provide for pa20. Officers not to be interested in pur

tients suffering for want of care. chase of supplies.

47. Restraint of alleged insane, to be 21. Superintendent and assistant phy

only by authority of law. sician, appointment, term of office. 48. Cruelty to insane, penalties. 22. Superintendent, qualification, pow. 49. Transfer of indigent patients to ers and duties.

asylum. 23. Official seal; reports of superin 50. Interrogatories on application for tendent.

admission. 24. Assistant physicians, qualifications, 51. Preferences for admission. salaries.

52. Discharge of persons alleged to be 25. Steward, powers and duties.

sane, commission of lunacy. 26. Matron, powers and duties.

53. Renewal of application for com27. Seal to be affixed to official papers. | mission,

54. Habeas corpus allowed.

66. Superintendent when shielded from 55. Escape, proceedings.

prosecution. 56. Discharged patients supplied with | 67. Detinition of "insane” and “idiot;" clothing and money.

idiots to be cared for by county. 57. Discharge to relatives; not to apply 68. Blanks supplied to commissioners. to homicides.

69. Non-residents may be admitted as 58. Selection of harmless incurables for private patients. discharge.

70. Correspondence of patients. 59. Discharge, notice to commissioners. 71. Penalties for violation. 60. Support, charges fixed by trustees. 72. Copies of act to be displayed in 61. Warrants for sums due by counties, every ward of asylum.

how drawn and paid. 62. Support, liability of estate of

CRIMINAL INSANE. patient and of relatives.

73. Non-accountability to law; suspen63. Discharge on authority of commis

sion of judgment after conviction; sioners.

stay of execution after sentence, 64. Fees for examination and commit investigation by jury. ment.

74. Insane convict sentenced to death, 65. Neglect of duty by officers, penal jury summoned. ties for.

75. Inquest, stay of execution
76. Finding transmitted to governor.

lic lands and

Accounts of

1. The commissioner of public lands and buildings, the Constitution. Secretary of state, treasurer and attorney - general, Board of pub- shall form a board, which shall have general superbuildings. vision and control of all the buildings, grounds and lands of the state, state prison, asylums and all other institutions thereof, except those for educational purposes; and shall perform such duties, and be subject to such rules and regulations, as may be prescribed by law.

2. An account shall be kept by the officers of the executive Ibid § 21.. department, and of all the public institutions of the public officers. state, of all moneys received or disbursed by them severally from all sources, and for every service performed, and a semi-annual report thereof be made to the governor, under oath, and any officer who makes a false report shall be guilty of perjury, and punished accordingly.

3. The officers of the executive department and of all the Ibid § 22. public institutions of the state, shall, at least ten governor. days preceding each regular session of the legislature, severally report to the governor, who shall transmit such reports to the legislature, together with the reports of the judges of the supreme court, of defects in the constitution and laws, and the governor, or either house of the legislature, may, at any time, require information in writing, under oath from the officers of the executive department, and all officers and managers of state institutions, upon any subject relating to

Reports to

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