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Disposition of moneys unex.


clared insane to the Napa state asylum; but the county judges of this state, or the probate judge of the city and county of San Francisco, may order the transfer of any insane person committed from their respective counties from one insane asylum to the other, upon the joint recommendation and consent of the resident physicians of each, the cost of such transfer to be paid by the guardian or friends of the patient transferred.

78. Insane persons received in the asylum must, upon recovery be discharged therefrom.

$2197. Discharge

of patients. 79. If at the time of the discharge of a person from the asylum, or after the death and burial of any person 2200. therein confined, there remains in the custody of the mos directors or treasurer any moneys paid for the sup- death or disport or maintenance of such person, it must, upon demand, be repaid.

80. A person cannot be tried, adjudged to punishment or punished for a public offense, while he is insane. $14.367

81. When an action is called for trial, or at any time during the trial, or when the defendant is brought $14,368, up for judgment on conviction, if a doubt arise April, 18so. as to the sanity of the defendant, the court must sanity of dolot, order the question as to his sanity to be submitted mined.“ to a jury; and the trial or the pronouncing of the judgment must be suspended until the question is determined by their verdict, and the trial jury may be discharged or retained, according to the discretion of the court, during the pendancy of the issue of insanity.

82. The trial of the question of insanity must proceed in the following order:

$ 14,369 (1) The counsel for the defendant must open the case, and offer evidence in support of the allegation of insanity.

(2) The counsel for the people may then open their case and offer evidence in support thereof.

(3) The parties may then respectively offer rebutting testimony only, unless the court, for good reason in furtherance of justice, permit them to offer evidence upon their original cause.

(4) When the evidence is concluded, unless the case is submitted to the jury, on either or both sides without argument,

as amended April 9, 1880. Doubt as to



of question of

as amended

Verdict of jury as to sanity and proceed

If defendant

the counsel for the people must commence, and the defendant or his counsel may conclude the argument to the jury.

(5) If the indictment be for an offense punishable with death, two counsel on each side may argue the cause to the jury, in which case they must do so alternately. In other cases the argument may be restricted to one counsel on each side.

(6) The court must then charge the jury, stating to them all matters of law necessary for their information in giving their verdict.

83. If the jury find the defendant sane, the trial must $ 14,370, proceed, or judgment be pronounced, as the case April 9, 1880. may be. If the jury find the defendant insane, as to sanity the trial or judgment must be suspended until he ings thereon. becomes sane, and the court must order that he be in the meantime committed by the sheriff to the state insane asylum, and that upon his becoming sane he be re-delivered to the sheriff.

84. The commitment of the defendant, as mentioned in $14,371...the last section, exonerates his bail, or entitles a committed, it person, authorized to receive the property of the

defendant, to a return of any money he may have deposited instead of bail.

85. If the defendant is received into the asylum, he must be $ 14,372... detained there until he becomes sane. When he be detained in becomes sane, the superintendent must give notice

of that fact to the sheriff and district attorney of the county. The sheriff must thereupon, without delay, bring the defendant from the asylum, and place him in proper custody until he is brought to trial or judgment, as the case may be, or is legally discharged.

86. The expenses of sending the defendant to the asylum, $ 14,973, of keeping him there, and of bringing him back, April 9, 1880. are in the first instance chargeable to the county in sending, etc., which the indictment was found, or information asylum, filed; but the county may recover them from the chargeable. estate of the defendant, if he have any, or from a relative, town, city, or county bound to provide for and maintain him elsewhere.

87. When the physician, warden, and captain of the yard of the state prison, after an examination, are of opinion that any

exonerates bail.

Defendant to

asylum until sane.

as amended

Expenses of

defendant to asylum, where

Insane con

If reason to suppose def't insane, man. ner of investigation.

prisoner is insane, they must certify the fact under $14.652 oath to the governor, who may, in his discretion, inispor order the removal of such prisoner to the insane prisoners. asylum. As soon as the authorities of the asylum ascertain that such person is not insane, they must immediately notify the warden of that fact, and thereupon the warden must cause such prisoner to be at once returned to the prison, if his term of imprisonment has not expired.

88. Insane convicts must be received into the insane asylum, and returned to the state prison again, as provided $2198. in section 1230 of the Penal Code. (Section 1230 victs. here referred to is an error, should be section 14,582.)

89. If, after judgment of death, there is good reason to suppose that the defendant has become insane, the $14.921. sheriff of the county, with the concurrence of the judge of the court by which the judgment was ines rendered, may summon from the list of jurors se- 1 lected by the supervisors for the year a jury of twelve persons to inquire into the supposed insanity, and must give immediate notice thereof to the district attorney of the county.

90. The district attorney must attend the inquisition, and may produce witnesses before the jury, for which $ 14,222. purpose he may issue process in the same man- trici attorney ner as for witnesses to attend before the grand tion. jury, and disobedience thereto may be punished in like manner as disobedience to process issued by the court.

91. A certificate of the inquisition must be signed by the jurors and the sheriff, and filed with the clerk of g 14.223. the court in which the conviction was had.

92. If it is found by the inquisition that the defendant is sane, the sheriff must execute the judgment; but 614 if it is found that he is insane, the sheriff must Procees suspend the execution of the judgment until he re- of jury, ceives a warrant from the governor or from the judge of the court by which the judgment was rendered directing the execution of the judgment. If the inquisition finds that the defendant is insane, the sheriff must immediately transmit it to the governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the execution of the judgment.

Duty of dis

upon inquisi

Certificate filed.

8 14,224. Proceedings upon finding lbid $ 2.


1. Establishment of asylum.
2. Government vested in superinten-

dent and board of commissioners;
appointment, term of office, sala-

ries, powers and duties.
3. Salaries and expenses paid by state.
4. Reports to be made and published.
5 Selection of site for asylum.
6. Tax for support of asylum to be


ADMISSION AND DISCHARGE. 7. Examination, and appointment of


8. Jury trial of insanity. 9. Custody of lunatic, who to have. 10. Arrest, examination and commit

ment of insane. 11. Notice of inquest to be given; sup

port to be paid for by county. 12. Support of insane, state fund for. 13. Counties reimbursed from state

fund. 14. Warrants on treasury, how paid. 15. Support, liability of relatives for. 16. Definition of insanity. 17. Non-liability of insane to law.

Establishment of

1. There is hereby established the Colorado insane asylum, Act of 1879, p. 87, 8 1. for the treatment and cure of such persons as asylum.

may become insane from any cause. 2. The management of said asylum shall be by a superin

2 tendent and a board of three commissioners, who shall, Management. together, have full control thereof, as hereinafter provided. The superintendent and board of commissioners shall be appointed by the governor, and no more than one of said commissioners shall be appointed from the same judicial district, and the superintendent shall hold his position for the term of six years; and the commissioners first appointed shall hold, one for six years, one for four years, and one for two years, and afterwards each commissioner shall be appointed for the term of six years; so that one commissioner shall be appointed and hold for the full term of six years. The superinSuperintend. tendent shall give a bond to the state, in the sum of bond. three thousand dollars, conditioned that he will honestly and faithfully discharge all of his legal duties according to law. The superintendent shall be a regularly graduated physician, and he shall reside at the asylum. He shall His salary. receive a salary of two thousand dollars per annum, payable quarterly. The commissioners shall each receive a

ent to give

ternal govern

Superintend. ent to receive and discharge

salary of six hundred dollars per annum, payable quarterly ; and they shall hold regular meetings at the asylum each quarter for the transaction of the business of the asylum. The superintendent and board of commissioners shall Rules for inprescribe and publish such rules for the manage- ment. ment of the affairs of the asylum and its inmates as experience and observation shall prove beneficial. They shall have power to employ all subordinates necessary to do the busi- Employes. ness of the asylum. The superintendent shall receive and discharge all persons placed in charge of the asylum sup under the provisions of this act. The board of com- en missioners shall not be required to act as such until all pat the asylum is open for the reception of inmates, excepting as hereinafter specified. The superintendent shall be superintendent of construction of the asylum building, and shall have care of the grounds and everything belonging to the asylum, and he shall enter upon his duties as soon as he is appointed.

3. The salaries of all officers, employes, the expenses of the asylum, and all bills incurred in regard thereto

Ibid $ 3. authorized by law, shall be audited by the state Salaries, how auditor quarterly, and warrants therefor drawn upon the state treasurer, to be paid out of the insane fund.

4. The superintendent and board of commissioners shall make a report to the governor on or before the first Ibid § 4. Reday of December in each and every year, showing to governor. the condition of the asylum financially, the number, age, sex, occupation, residence, treatment and state of reform of all persons admitted from the date of the opening of the asylum, or from the date of the last report, together with such other facts and opinions as their experience and observation may prove and may be deemed of interest to the public; and the Governor to governor shall cause said reports to be published, port. and he shall present them to the next general assembly.

5. It is hereby made the duty of the governor to appoint the superintendent and board of commissioners of Ibid $ 5. the Colorado insane asylum immediately upon the appoint theo passage of this act, and it shall thereupon become dent and comthe duty of the said commissioners to select a site

me silection for the said asylum at or near the city of Pueblo, site. in the county of Pueblo, and state of Colorado, and such site


port to be made

publish re



Selection of a

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