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it shall be the duty of the warden of said prison to deliver such insane person to the superintendent of such hospital, and such superintendent shall receive such person into such hospital, upon the presentation of such order and in obedience thereto; and the expenses of the same, when approved by the governor, shall be audited by the secretary of state and paid, upon his warrant, out of the state treasury.

§ 604 n, sub. § 9.

Insane con

victs may be

Milwaukee

asylum.

109.* With the advice and approval of the governor, the state board of charities and reform may contract, at a price not exceeding four dollars and twenty-five transferred to cents per week, with the trustees of the Milwaukee county asylum for the insane, for the care and maintenance of convicts now insane, or who may hereafter become insane, or for the care and maintenance of any person who may be acquitted of any criminal charge on the ground of insanity; and when any such persons shall have been transferred to such asylum, they shall be maintained and cared for under such rules and regulations as the state board of charities and reform may prescribe. But in case any such person, transferred to said asylum, after conviction, from any prison in this state, shall become sane, said person shall be returned to the prison from which he was transferred to said asylum, and be subject to the same conditions of his original commitment to said prison, time excepted, as if he had not been transferred to said asylum.

WYOMING.

SUPERVISION AND CARE OF INSANE.

1. Inquest of insanity, information. 2. Information in vacation of court. 3. Power of probate court. 4. Application by judge. 5. Appointment of guardian. 6. Cost of investigation, how paid. 7. Costs, when proceedings dismissed. 8. New trial; two verdicts conclusive. 9. Inquiry into sanity, proceedings. 10. Discharge; accounts of guardian. 11. Dangerous insane, temporary confinement.

12. Order of confinement.

13. Expenses of temporary confinement.

14. Reimbursement of county.
15. Transfer to asylum; duty of county
commissioners.

16. Expenses of transfer, warrant.
17. Indigent insane,expenses how borne.
18. County of settlement, chargeability.
19. Definition of insanity.

CRIMINAL INSANE.

20. Non-accountability to law.
21 Suspension of proceedings during
insanity.

22. Insane under sentence of death, ex-
amination.

23. Proceedings, stay of execution. 24. Finding transmitted to governor.

Compiled
ch. 79, $ 1.
ation given.

Laws of 1876,

When inform

bid § 2. may also be on.

Information

given in vaca

1. If information in writing be given to the probate judge, that any person in the county is an idiot, lunatic, or person of unsound mind, or an habitual drunkard, and incapable of managing [his or her affairs], and praying that an inquiry thereinto be had, the court, if satisfied that there is good cause for the exercise of its jurisdiction, shall cause the facts to be inquired into by a jury. 2. Such information may also be given in the vacation of said court, to the judge thereof, in which event he shall call a special term of the court for the purpose of holding an inquiry, whether the person mentioned in such information be of unsound mind, *** or not. 3. In proceedings under this act, the probate court may, in its discretion, cause the person alleged to be of unsound mind, * * * to be brought before the court. 4. Whenever any judge of the probate court, justice of the peace, sheriff, coroner, or constable, shall discover any person resident of his county, to be of unsound mind, *** (as in the first section of this act men- court. tioned) it shall be his duty to make application to the probate court for the exercise of its jurisdiction, and thereupon the like proceedings shall be had, as in the case of information by unofficial persons.

bid § 3.

Probate

court's power.

hid § 4. application to

When to make

probate

Ibid § 5.

5. If it be found by the jury that the subject of inquiry is of unsound mind, * * * and incapable of managing his or her affairs, the court shall appoint a shall appoint guardian of the person and estate of such person.

When court

guardian.

6. When any person shall be found to be insane,

Ibid § 6. Costs, how paid.

[blocks in formation]

cording to the preceding provisions, the cost of the proceedings shall be paid out of his estate, or, if that

be insufficient, by the county.

7. If the person alleged to be insane, shall be discharged, the costs shall be paid by the person at whose instance the proceeding is had.

Ibid § 7.

Same.

New jury to

8. The court may, if just cause appears at any time during Ibid § 8. the term at which an inquisition is had, set the be empaneled. same aside and cause a new jury to be empaneled to inquire into the facts, but when two juries concur in any case, the verdict shall not be set aside.

Ibid § 35.

If restored to right mind.

9. If any person shall allege in writing, verified by oath or affirmation, that any person declared to be of unsound mind, *** has been restored to his right mind, * * *; the court by which the proceedings were had, shall cause the facts to be inquired into by a jury.

Ibid § 36.

Discharge of

Ibid § 41.
Furiously

mad.

10. If it shall be found that such person has been restored to his right mind, he shall be discharged from care guardian. and custody, and the guardian shall immediately settle his accounts, and restore to such person all things remaining in his hands belonging or appertaining to him. 11. If any person, by lunacy or otherwise, shall be furiously mad, or so far disordered in his mind as to endanger his own person, or the person or property of others, it shall be the duty of his or her guardian, or other person under whose care he or she may be, and who is bound to provide for his or her support, to confine him or her in some suitable place, until the next sitting of the probate court of the county, who shall make such order for the restraint, support and safe keeping of such person as the circumstances of the case shall require.

Ibid § 42.
Who may

confinement.

12. If any person, as in the last preceding section is specified, shall not be confined by the person having charge make order of of him, or there be no person having such charge, any judge of a court of record, or any two justices of the peace, may cause such insane person to be apprehended, and may employ any person to confine him or her, in some suitable place until the probate court shall make further order therein, as in the preceding section specified.

may

be re

Who to pay

a § 44.

Ibid Amount recovered by

13. The expenses attending such confinement shall be paid by the guardian out of his estate, or by the person Ibid § 43. bound to provide for and support such insane per- expenses. son, or the same shall be paid out of the county treasury. 14. In all cases of appropriations out of the county treasury, for the support and maintenance, or confinement of any insane person, the amount thereof covered by the county from any person who, by law, the county. is bound to provide for the support and maintenance of such person, if there be any of sufficient ability to pay the same. 15. In any county in this territory, when it becomes necessary to transport, or transport and provide for, any Ch. 36, § 1. idiot, lunatic, insane, blind, deaf, deaf mute or missioners. criminal, to any eastern asylum, school or prison, it shall be the duty of the county commissioners of such county, upon proper and satisfactory representation to them, to apply to the governor for pecuniary or other aid in such case.

Duty of com

Auditor's

16. Then, if the governor approve the application, he is hereby authorized to call upon the auditor for a bid § 2. warrant upon the treasurer in favor of the board of warrant. county commissioners, sufficient for the purpose, and it shall be placed in the hands of the county commissioners, who shall be officially and personally responsible for the proper application of such fund, as far as they may be able.

Act of 1882, Care of in

ch. 53, § 1.

sane persons.

Ibid § 2.

17. Hereafter the responsibility for the care, transportation and maintenance of the pauper insane belonging to counties of this territory, and the cost of the same shall rest with and be assumed and paid solely by the county in which such person or persons shall be adjudged insane. 18. Hereafter the responsibility for the care and maintenance of the pauper insane belonging to counties of this territory now confined at the "Iowa Hospital Counties refor Insane" at Mount Pleasant, Iowa, and elsewhere, care of. and the cost of the same shall rest with the county in which such person or persons was adjudged insane, and from which such person or persons was sent as shown by the records in the office of the territorial auditor, subject, however, to the provisions of section three (3) of this act.

sponsible for

Ch. 35, § 3.

19. A person shall be considered of sound mind who is neither an idiot nor lunatic, nor affected with insanity, and who hath arrived at the age of fourteen

Person of

sound mind.

years, or before that age, if such person know the distinction between good and evil.

Ibid § 5. Accountability.

20. A lunatic or insane person without lucid intervals, shall not be found guilty of any crime or misdemeanor, with which he may be charged; provided, the act so changed as criminal shall have been committed in the condition of insanity.

Ibid § 12.

If person be

after commis

21. A person that becomes lunatic or insane after the commission of a crime or misdemeanor, ought not to be comes insane tried for the offense during the continuance of the sion of crime. lunacy or insanity. If after verdict of guilty and before judgment pronounced, such person become lunatic or insane, then no judgment shall be given while such lunacy or insanity shall continue, and if after judgment and before execution of the sentence such person become lunatic or insane, then in case the punishment be capital, the execution thereof shall be stayed until the recovery of such person from the insanity or lunacy. In all these cases it shall be the duty of the court to empanel a jury to try the question whether the accused be at the time of empaneling insane or lunatic.

Insanity of convict.

22. If any convict sentenced to the punishment of death, Ch. 14, § 176. shall appear to be insane, the sheriff shall forthwith give notice thereof to a judge of the district court of the judicial district, and shall summon a jury of 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 prosecuting attorney.

Jbid § 177. Execution suspended.

23. The judge, clerk of the court, and prosecuting attorney, shall attend the inquiry. Witnesses may be produced and examined before the jury. The finding shall 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 territory, directing such execution. The finding of the jury and the order of the judge, certified by the judge shall be by the clerk entered on the journal of the court. 24. The sheriff shall transmit immediately, a certified copy of such finding to the governor who may, as soon as he shall be convinced that the convict has become of sound mind, issue a warrant appointing a time for his execution.

Ibid § 178.

Findings.

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