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dict of guilty.

Ibid $ 553 Insane convict, trial of

or insane, then no judgment shall be given while such lunacy or insanity shall continue. And if, after judg- If after verment and before execution of the sentence, such diet or person shall become lunatic or insane, then in case the punishment be capital, the execution thereof shall be stayed until the recovery of said person from the insanity or lunacy. In all such cases it shall be the duty of the court to impanel a jury to try the question, whether the accused be, at the time of impaneling, insane or lunatic.

74. If any convict sentenced to the punishment of death shall appear to be insane, the sheriff shall forthwith give notice thereof to a judge of the district court tica, erinevat of the judicial district, and shall summon a jury of insanity twelve impartial men to inquire into such insanity, at a time and place to be fixed by the judge, and shall give immediate notice thereof to the district attorney.

75. The judge, clerk of court, and district attorney shall attend the inquiry. Witnesses may be produced ¡bid § 554. and examined before the jury. The finding shall such cases. be in writing, signed by the jury. If it be found that the convict is insane, the judge shall suspend the execution of the convict until the sheriff shall receive a warrant from the governor of the state, directing such execution. The finding of the jury and order of the judge, certified by the judge, shall be by the clerk entered on the journal of the court.

76. The sheriff shall transmit immediately a certified copy of such finding to the governor, who may, as soon Ibid S 555 as he shall be convinced that the convict has become E of sound mind, issue a warrant appointing a time gove for his execution.

Inquest in

Finding transmitted to

NEVADA.

ERECTION OF NEVADA ASYLUM. | 18. Quorum; powers to purchase land 1. Selection of site for asylum.

for asylum. 2. Appropriation for grounds.

19. Expenses of board of commission3. Board of commissioners for erection

ers, how borne. of asylum, specifications.

20. Application for commitment, phy4. Oath of office.

sician's examination, commit5. Organization of board, superintend

ment to California asylum. ent of construction.

21. Appropriation for expenses. 6. Advertisements for plans.

22. Reports of commissioners. 7. Proposals for building.

23. Board of commissioners to contract 8. Bond of contractor.

for support, terms of contract. 9. Monthly estimates of expenses.

24. Transfer of patients from California 10. Certification of expenditures.

asylum on completion of Nevada 11. Commissioners not to be interested

asylum; proceedings for commitin contracts.

ment, physician's certificate. 12. Appropriation for building.

25. Private patients, charges fixed by 13. Source of appropriation.

board ; impartial treatment of all 14. State tax to be levied.

patients. 15. Board of commissioners, powers and

26. Support, expenses of, how borne. duties; inspection; temporary

27. Warrants for expenses, how drawn provision for the insane.

and paid. 16. Superintendent, qualifications, ac

CRIMINAL INSANE. counts, powers and duties.

28. Insane convict, transfer to asylum. CARE OF INSANE.

29. On recovery, remanded to custody ; 17. Board of commissioners for care of escape from asylum to be treated indigent insane.

as escape from prison.

Act of 1879, ch. 130, $ 1.

established.

Appropriation.

1. The state grounds at Reno are hereby selected as the site

i for an insane asylum, and such insane asylum Asylum at Reno is hereby located on said grounds.

2. The sum of $5,000 is hereby appropriated out of any Ibid 82. money in the state treasury not otherwise appropri

flation, ated for the purpose of supplying such grounds with water, and improving the site of such location by purchasing and planting trees, and fencing the same, and for the purpose of obtaining plans and specifications for an asylum, to be submitted to the legislature two years hence. Said sum to be expended under the direction of the board of commissioners for the care of the insane; provided, that the commissioners are hereby first instructed to obtain a perfect title to three hun

ch. 42, $ 1.

sane commis

ed ; powers

Commission.

oath of office.

dred 300 inches of water, before commencing to improve the land. . 3. A board, consisting of the present board of commissioners for the insane, and the lieutenant governor, is Act of 1881, hereby created for the purpose of causing to be en- Board of in; acted, on the state land, near the town of Reno, sioners creatWashoe county, a suitable building or buildings and duties. for the care of the indigent insane of the state of Nevada. The said asylum shall have sufficient capacity for Capacity of the care of one hundred and sixty patients; provided, asylum that said asylum shall be completed within fifteen months after the passage of this act; and provided, that said building or buildings shall be built of stone or brick, and shall be fireproof so far as consistent with cost, and in the judgment of the board.

4. Before entering upon their duties, as prescribed in this act, the said commissioners shall take and subscribe ibid $ 2. the constitutional oath of office, and cause the same ers to take to be filed with the secretary of state.

5. Immediately after qualifying, the members shall meet at the seat of government, and organize said board by Ibid $ 3. electing from their number a president, vice-presi- zation. dent, and secretary, whose duties shall be defined by the bylaws of said board. They shall also appoint some competent builder to superintend construction of the work Builder to herein provided for at a per diem not to exceed construction. six dollars.

6. After the approval of this act they shall organize and act immediately. They shall advertise in two news- lbid § 4. papers in this state, and one in California, for the plaus, etc. presentation of plans and specifications for the erection of a building or buildings with a capacity of accommodating one hundred and sixty inmates, said building or build- Capacity. ings to be so constructed that additions can be made when found necessary. After the adoption of plans by the board, under no consideration whatever shall any changes be made in said plans or specifications, unless by the unanimous consent of the board of commissioners, and the consent of the contractor, and without additional expense to the state.

7. As soon as practicable, after adopting plans, the board

Their orgari.

superintend

Advertise for

Proposals for

Contractor to

Payments to

Ibid $ 5. shall advertise for sealed proposals for furnishing building. the material and doing all the work for the erection of said building or buildings. Said board may adopt or reject any and all bids not deemed reasonable or satisfactory; but, in determining bids for the same work or material, the lowest responsible bid shall be taken.

8. The contractor for the erection of said building or buildIbid § 6. ings shall be required to furnish a good and suffifile bond.“ cient bond for the payment of all debts and liabilities incurred in the erection of said building or buildings, and no allowance or increase of pay shall be given over and above the contract price; and said contractors shall bind themselves to complete the work ready for the occupation of the patients within six months from the date of the signing of the conForfeit. tract, or pay a forfeit to the state at the rate of two hundred and fifty dollars per day for each day beyond the time herein allowed.

9. Said board shall cause monthly estimates to be made Ibid § 7. during the progress of the building and allow therecontractor. on seventy-five per cent. of the value of such work and material actually done and delivered, and no niore; twenty-five per cent. being reserved as security for the completion of the contract, which amount shall be paid in full when said contract is completed and the work accepted by the board.

10. After the expiration of each month, after the signing of Ibid $ 8. the contract, said board shall procure the estimates Idem.

as provided for in section seven of this act, and shall certify to the amounts thereof to the state board of examiners; and, upon the allowance thereof by said board, properly certified to the state controller, he shall draw his warrant on the state treasurer in favor of the proper person for seventy-five per cent. of the amount thus certified to, and the state treasurer shall pay the same out of any fund appropriated for such purpose.

11. No fees or compensation of any kind shall be allowed to Ibid $ 9. any member of the board of commissioners by this Creo to be dis act created, except as hereinafter provided, nor shall

any member be interested directly or indirectly, in any contract for furnishing material or performing labor in the erection of said building or buildings.

Commission. ers to be dis. interested.

on

Appropriation

Procuring

12. Eighty thousand dollars is hereby appropriated for the construction and furnishing of said building or build- Ibid § 10. ings, and in no case shall a contract be entered into for building. which shall exceed the sum of eighty thousand dollars for the erection of said building or buildings and furnishing as aforesaid.

13. The money herein appropriated shall be taken from the state school fund, and in its place shall be deposited shid ş ?1. eighty bonds of one thousand dollars each, bearing funds. interest at the rate of four per cent. per annum; said bonds shall run for twenty years, but shall be redeemable by the state at its pleasure, after two years; said bonds shall be signed by the governor and state controller, countersigned by the state treasurer, and authenticated with the great seal of the state, and shall state in substance that the state of Nevada owes to its state school fund eighty thousand dollars, the interest on which sum, at four per cent. per annum, she agrees to pay during the life of said bonds, for the benefit of the common schools of the state; said bonds shall be lithographed, as is usual in similar cases, and deposited with the treasurer of the state. The interest on said bonds shall be paid semi-annually, on the first days of January and July of each year, on the written order of the state board of education to the state controller directing him to draw his warrant for the amount of such semi-annual interest on the indigent insane interest and sinking fund herein created. All sums derived from the interest on said bonds shall go into the general school fund, for the support of the common schools of the state, and for the regular and prompt payment of which the faith and credit of the state is hereby pledged.

14. There shall be levied and collected for the fiscal year commencing January first, eighteen hundred and eighty- Ibid 87 one, and annually thereafter, an ad valorem tax Taxes. of three cents on each one hundred dollars of all the taxable property in the state, including the tax upon the proceeds of mines, and all sums derived from this tax shall go into the indigent insane interest and sinking fund, for the payment of the interest and redemption of bonds herein authorized by this act.

15. The board of commissioners, as named in this act, shall

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