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, and incapable of forming an intention to commit a crime.

Div. 4, § 3.

Idiots and in

sane persons.

Div. 5, § 241.

Trial of convict's sanity

and removal to asylum.

24. Whenever it shall appear that a territorial convict, who is serving a term of imprisonment in the United States penitentiary at Deer Lodge, or other prisons 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.

Restoration

return to

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 hid § 243. by section 716 and 717 of chapter 30, relating to Officers' fees. insane.

If after sentence criminal become 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 a jury of twelve competent jurors, with the concur- proceeding of rence of the judge of the court by which the judgment was rendered, to inquire into such insanity, giving notice thereof to the attorney prosecuting.

inquiry.

attorney shall

attend in

28. The attorney prosecuting shall attend such inquiry, and may produce witnesses before the jury, and may bid $380. cause subpoenas to be issued by the clerk for that Prosecuting 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 insane, the sheriff shall suspend the execution of the sentence until he receive a warrant from the governor, or from the supreme or district court, as hereinafter authorized, directing the execution of the criminal.

Ibid § 381. insane, execu

If criminal

tion sus

pended.

bid § 382. transmitted to

Inquisition

governor;

30. The sheriff shall immediately transmit such inquisition. to the governor, who may, as soon as he shall be convinced of the sanity of such criminal, issue a 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 § 391.

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

Ibid § 392.
If defendant

declare he is

insane, duty

of court and

proceedings thereon.

judgment, declare that he is insane, the court, if he finds there is reasonable cause for believing the 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.

Ibid § 464.
If defendant

insane when

arraigned,

court to insti

insane.

34. If any defendant, at the time he is arraigned, declares he is insane, or there is reasonable cause for believdeclares he is ing he is insane, the court shall institute the same 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 shall proceed; but if insane, the defendant shall be delivered to the custody of the person provided by law for the keeping of the insane, or to the custody of some suitable person.

Ibid § 465.

If saue, trial

to proceed; if insane, re

tained in custudy.

Ibid § 466
If become

36. If the person to whose custody such insane person is confided, at any time think he has recovered his sane, 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.

to court and tried.

Ibid § 467.

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

Costs of keep

fendant, how

paid.

where the offense was committed.

NEBRASKA.

Constitution.

Art. 5, § 19.

Board of pub

lic lands and buildings.

66. Superintendent when shielded from prosecution.

67. Definition of “insane" and "idiot;"
idiots to be cared for by county.
68. Blanks supplied to commissioners.
69. Non-residents may be admitted as
private patients.

70. Correspondence of patients.
71. Penalties for violation.

72. Copies of act to be displayed in
every ward of asylum.

CRIMINAL INSANE.

73. Non-accountability to law; suspension of judgment after conviction; stay of execution after sentence, investigation by jury.

74. Insane convict sentenced to death,
jury summoned.

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

1. The commissioner of public lands and buildings, the secretary of state, treasurer and attorney-general, shall form a board, which shall have general supervision 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.

Ibid § 21.

Accounts of

2. An account shall be kept by the officers of the executive 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.

Ibid § 22. Reports to governor.

3. The officers of the executive department and of all the public institutions of the state, shall, at least ten 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