and commit ment. which the examination is had, and be paid out of the county treasury. 48. The word "lunatic," whenever it occurs in this chapter, shall be construed to include every insane person Ibid § 51. "Lunatic" defined. Persons crime. who is not an idiot. 49. The words "insane person" include every one who is an Ch. 114. § 17, idiot, lunatic, non compos, or deranged. 50. If any person charged with or convicted of crime be Ch. 108, § 22. found, in the court before which he is so charged or charged with convicted, to be a lunatic, and such court shall order him to be confined in the hospital, he shall be received and confined if there be, or so soon as there is, a vacancy therein. The sheriff or other officer of the court by which the order is made, shall immediately proceed in the manner directed by the fourteenth section of this chapter to ascertain whether such vacancy exists; and until it is ascertained that there is a vacancy, such lunatic shall be kept in the jail of such court. Ibid § 53 tentiary. 51. Where any lunatic is to be discharged from the penitentiary, or when any convict becomes hopelessly insane, viets in peni- before his or her term of sentence expires, it shall be the duty of the superintendent to notify a justice of Marshall county, of the time that such discharge will be made, or that such convict is considered to be hopelessly insane, when it shall be the duty of the justice to whom such information is given to proceed with such person as provided for under chapter fifty-eight of the code of West Virginia, relating to persons suspected of lunacy. When acquit 52. When a person in jail, on a charge of having commitCh. 54, § 13. ted an indictable offense is not indicted by reason ted on ground of his insanity at the time of committing the act, the grand jury shall certify that fact to the court; whereupon the court may order him to be sent to the hospital for the insane of the state or to be discharged. of insanity; commitment. 53. No person shall, while he is insane, be tried for a criminal offense. Ch. 55, § 9. Jbid § 10. 54. If a court in which a person is indicted for a criminal offense, see reasonable cause to doubt his sanity at the time at which, but for such doubt he would be to be insane. tried, it shall suspend the trial until a jury inquire into the fact of such sanity. Such jury shall be empaneled leged or found at its bar. If the jury find the accused to be sane at the time of their verdict they shall make no further inquiry, and the trial in chief shall proceed. If they find that he is insane they shall inquire whether he was so at the time of the alleged offense. If they find that he was so at that time the court may dismiss the prosecution, and either discharge him or to prevent his doing mischief, remand him to jail, and order him to be removed thence to the hospital for the insane. If they find he was not so at that time, the court shall commit him to jail, or order him to be confined in said hospital until he is so restored that he can be put upon his trial. Insanity after 55. If, after conviction and before sentence of any person, the court see reasonable ground to doubt his sanity, Ibid § 11. it may empanel a jury to inquire into the fact as to conviction. his sanity, and sentence him, or commit him to jail, or to the hospital for the insane, according as the jury may find him to be sane or insane. bid § 12. 56. When the board of directors of the hospital for the insane shall give notice to the clerk of the court, in pursuance of the twenty-sixth section of chapter fifty-eight, such clerk shall issue a precept to the Notice by di rectors of hospital. officer of said court, requiring him to bring the said prisoner from the hospital and commit him to jail. Ibid § 13. Insane person 57. When a prisoner is so brought from the hospital and committed to jail, or when it is found by the verdict of another jury, that a prisoner, whose trial or sen- restored. tence was suspended by reason of his being found to be insane, has been restored, if convicted he shall be sentenced, and if not, the court shall proceed to try him, as if no delay had occurred on account of his insanity. Ibid § 14. Acquitted by sanity. reason of in 58. When a person tried for an offense is acquitted by the jury, by reason of his being insane, the verdict shall state the fact; and thereupon the court may, if it deem him dangerous, order him to be committed to jail until he can be sent to the hospital for the insane. 59. When any person confined in the hospital, charged with crime, and subject to be tried therefor, or convicted of crime, shall be restored to sanity, the board shall give notice thereof to the clerk of the court by whose order he was confined and deliver him in obedience to the proper precept. ch. 108, § 26. stored to Criminal re sanity. WISCONSIN. STATE BOARD OF CHARITIES AND REFORM. 1. Creation, term of office, vacancies. 2. Annual meetings. 3. Secretary, duties; other officers. 4. Inspections of asylums; board, when reorganized. 5. Necessary expenses refunded. 6. Powers and duties of board, annual report. 7. Facilities for examination to be afforded. 8. Transfer of insane soldiers to national asylum. STATE BOARD OF SUPERVISION. 9. Creation; to have the powers formerly exercised by boards of trustees. 10. Oath of office. 11. Term of office, vacancies. 12. Regular meetings. 13. Compensation of members. 14. To be commissioners of lunacy. 15. Powers of board. 16. Duties of board. 17. Secretary, duties. 18. Salaries and bonds of officers. 19. Steward, duties. 20. Monthly estimates. 21. Accounts of purchases. 22. Warrants, how drawn and paid. 23 Money for benefit of patient, disposition of. 24. Superintendent of asylums, duties, statistics. 25. Reports of asylums to board. 26. Inspection of asylums by board; visiting committee by legislature. 27. Annual report of board. 28. Annual statistics. 29. Laws applicable to board. 30. Appeals from decision of board. 31. Time in which appeal may be taken, notice. 32. Proceedings on appeal. 33. Costs borne by losing party. GOVERNMENT OF ASYLUMS. 34. Titles of asylums. 52. Rehearing, when allowed. 53. Proceedings on rehearing. 54. Discharge on proof of sanity. 55. Harmless imbeciles not admitted. 56. Circuit court to have powers of county court, proceedings filed. 57. Warrant of commitment, by whom executed. SUPPORT AND DISCHARGE. 58. Resident patients, support by state. 59. Clothing required for admitted patients. 60. Children born in hospital, disposition of. 61. Habeas corpus, proceedings on. 62. Discharge to care of friends; selection of patients for discharge. 63. Notice of discharge to county judge, execution of warrant. 64. Discharged patients supplied with clothing and money. 65. Recovery of charges for patients. COUNTY ASYLUMS. 69. Establishment, provisions for. 71. Plans and specifications. 74. Insane without settlement, regula- 75. Insane of other counties, when received. 76. Cost of buildings. 77. State to bear one-half of cost, limit of cost. 78. Cost of buildings, liability of county. 80. County asylums subject to laws erected. 82. Chronic insane, expenses of support, how borne. 83. Insane cared for by county, certified 84. Removal to county asylums. 86. Counties not entitled to reimburse- 1. To secure the just, humane and economical administration of public charity and correction, there is con- R. S. of 1878, stituted a state board of charities and reform com and Supplement of 1883, § 561. Members of of office; va board; term cancies. posed of five members. Their term of office, beginning with the first day of April in the year of appointment, shall be five years and until their respective successors are appointed, and they shall continue as at present arranged, so that the term of office of one member shall expire each year. The governor shall fill all vacancies by appointment; but in case of a vacancy before the expiration of a term, the appointment shall be for the residue of such term only. All such appointments shall be confirmed by the senate. 8 562. 2. The board shall meet annually in April on or before the fifteenth day, and in January on or before the tenth Meetings. day, and at such other times and at such places as may be fixed by their by-laws or otherwise appointed by them. § 563. Secretary; his duties. 3. The board shall appoint a qualified elector as secretary, whose term of office shall be three years, and until his successor is appointed and qualified, unless sooner discharged by the board. A certificate of appointment or discharge of any person as secretary shall be immediately filed by the board with the secretary of state. The duty of the secretary shall be to record all the transactions of the board and the proceedings of their meetings, to keep their books and papers, make such visits and perform such other duties as the board may prescribe. The board may appoint a president and other officers to serve without compensation, and fix their terms of office and prescribe their duties. 4.* The ***** state board of charities and reform, or some member, or the secretary thereof, are hereby required to visit each county insane asylum in this state at least once in each three months during each and every year, and may also designate some suitable person May designate or persons to make visits thereto, whose expenses such visits. only may be audited and paid each year as herein provided to audit bills for clerical assistance, and out of the amount of money herein appropriated, and it is hereby made Board may be the duty of the governor to re-organize the said re-organized. state board of charities and reform whenever, in his opinion, to do so would increase its efficiency and harmony, and be beneficial to the interests of the people.* § 563 a. others to make $ 564. penses refunded. 5. Each member and the secretary shall have refunded to him all expenses actually and necessarily made in Necessary ex- the discharge of his official duty; and when the board shall have been specially directed in writing by the governor to make any investigation, each member shall receive five dollars for each day actually devoted to such duty. The amount of each account for such compensation or ex * Placita marked with a star will be found in the Supplement, which also contains a reference to all sections in the Revised Statutes. |