given before

Notice to be

insane con

victs are discharged.

126. Before discharging any convict at the time of the expiration of his sentence from any of the penal in- § 1949. stitutions of this state, who may be deemed insane, and so certified by the physician in charge of any such institution, if no relative or friend of [any] such convict appears and takes charge of him, the warden or other superintending officer shall first give notice in writing to the county clerk of the county from which such convict was sent, and to one or more of the relatives or friends of such convict, if known, and also to the probate judge of the county in which such penal institution is located of the fact of his condition; and on the receipt of such written notice Probate judge said judge shall, within twenty days, issue his war- rant to sheriff. rant to the sheriff of such county, commanding him to receive such convict at the time of his discharge at the said institution, and bring him before such judge.

to issue war

$ 1950.

127. Upon the receipt of such warrant it shall be the duty of said sheriff to whom it is directed to execute the same forthwith, and return the same to the probate Duty of sheriff judge by whom it was issued.

on receipt of warrant.

Proceedings

When to be

admitted to
pense
of state.

asylum at ex

128. On such discharged convicts being brought before the judge of probate aforesaid, such judge shall call two $ 1951. respectable physicians and other credible witnesses, brenge and also immediately notify the prosecuting at- of probate. torney of his county, of the time and place of meeting, whose duty it shall be to attend the examination, and act in behalf of the state; and said probate judge shall fully investigate the facts in the case, either with or without a jury, as to the question of insanity, and if the probate judge certifies that satisfactory proof has been adduced showing him insane, and no relative, relation, or friend of such discharged convict, has, in the meantime, appeared and offered to take charge of him, on the certificate of such judge, under the seal of the probate court of said county, he shall be admitted into one of the asylums for the insane in this state, and supported there at the expense of the state until he shall be restored to soundness of mind, or until removed by due process of law, or taken charge of by his relatives or friends. The bills for the maintenance, clothing and other Bills for charges of such patients, shall be rendered quarterly how paid.

maintenance,

to the auditor general in the same manner as bills are rendered to county treasurers for the support of patients at county charge, and shall be paid by the state treasurer to the treasurer of the asylum in which the patients may be, on the warrant of the auditor general, out of any money belonging to the general fund. The probate judge in such examination shall have the power to compel the attendance of witnesses and jurors, and shall file the certificates of the physicians taken under oath and other papers, and enter the proper order in the journal of the probate court in his office; said probate judge port to board shall report the result of his proceedings, to the board of state auditors, whose duty it shall be to audit and allow the expenses of such proceeding, to be paid by the state treasurer on the warrant of the auditor general; provided, that if such discharged convict shall not be in indigent circumstances, the treasurer of such asylum shall take all necessary proceedings to reimburse the state for his support at such asylum from his property or such of his relatives as may be liable for his support.

Judge to re

of state audi

tors.

Expense of proceedings, how paid.

Proviso.

Howell's Annotated Statutes of 1882, being a new work, the following crossreference may be of assistance:

2412-18 will be found in Laws of 1881, No. 206.

1879-1928, Laws of 1877, No. 194; 1879, No. 103; 1881, Nos. 147 and 192. 22 1931-43, Laws of 1881, No. 225.

8% 1944-5, Laws of 1873, No. 91; 1875, No. 8; 1879, No. 50; 1881, No. 215. 22 1946-8, Laws of 1877, No. 189.

22 1949-51, Laws of 1877, No. 172; 1879, No. 115.

1952-61, Laws of 1873, No. 172.

MINNESOTA.

1. The hospital for the insane for the state of Minnesota, shall be erected and located upon the site designated and determined as hereinbefore mentioned and provided for, and shall be known by the name and title of Minnesota Hospital for Insane, and tees.

shall be placed under the charge of seven trustees, four of whom shall constitute a quorum for the transaction of business.

trustees.

2. [Seven persons named] are hereby constituted the board Ibid § 12. of trustees of such asylum. The two first named Appointment shall serve for two years, the second two for four years, the last three for six years; and as their terms expire, their successors shall be appointed by the governor, by and with the advice and consent of the senate, for the term of six years, and until their successors are appointed and qualified.

of appropria

tions.

3. All appropriations made in any act which shall hereafter Ibid § 13. be passed for the benefit, care or treatment of the Expenditure insane of this state, or for the erection, purchase or lease of any building for their accommodation, shall be placed under the charge of said board, and shall be drawn from the state treasury by the treasurer of the hospital in the mode and manner hereinafter provided.

Ibid § 14. Oath, compensation,

and meetings of trustees; officers.

4. The trustees, before entering upon the duties of their office, shall take and subscribe an oath or affirmation to support the constitution of the United States, and of this state, and also faithfully to discharge the duties required of them by law, and the by-laws that may be established. They shall be paid their necessary expenses during the time they are actually engaged in the discharge. of their official duties, such payment to be made out of any money appropriated for the support of the insane. They shall hold their annual meeting at the hospital on the first Wednesday in December of each year, when they shall choose one of their number president, and another secretary, and one treasurer, for the ensuing year, and until their successors are elected and qualified.

Ibid § 15.
Powers of

trustees.

5. The said trustees shall have the general control and management of the hospital. They shall have power to make all by-laws necessary for the government of the same, not inconsistent with the laws and constitution of the state of Minnesota, and to conduct the affairs of the institution in accordance with the laws and by-laws regulating the same. They shall appoint a medical superintendent, who shall be a well educated and regular physician, and a steward, a matron, and assistant physician or physi

cians, and a chaplain, when such officers are deemed necessary, who shall be governed by and be subject to all the laws and by-laws established for the government of said hospital. The said trustees shall fix all salaries not otherwise determined by law, and may at their pleasure remove all officers, except the superintendent, who may be suspended by the said board of trustees until he can have a hearing before the governor of the state; and after such hearing, he, the said superintendent, may be removed from office by the governor, by and with the advice and consent of said board of trustees.

Oath of supt.,

Bond of treas.,

draw appro

6. The superintendent, before entering upon the duties of his office, shall take and subscribe an oath or affir- Ibid § 16. mation, faithfully and diligently to discharge the his powers. duties required of him by law and the by-laws regulating the institution. He shall have the general control and management of the hospital, and may at his pleasure suspend any subordinate officer until an examination is had before the board of trustees, which may, at its pleasure, then remove said officer. 7. The treasurer shall execute a bond to the board of trustees of said hospital, in such a sum or amount, and Ibid § 17. with such sureties, as the said board of trustees shall his power to approve, conditioned that he will faithfully perform priations. the duties of his office, and pay over and account for all moneys that shall come into his hands, as such officer, from the state or any other source. He shall have power to draw from the state treasury, out of moneys appropriated for hospital purposes, upon his order, under the seal of the institution, approved by the president and secretary, and endorsed by the superintendent, a sufficient amount to defray the expenses of the institution, or to defray the expenses of any building operations, or any other work carried on by the said board, for which moneys may have been appropriated. Upon the presentation of such an order to the auditor of state, and not otherwise, it shall be his duty to draw a warrant on the treasury for the amount therein specified.

8. The board of trustees may take and hold, in trust for the hospital, any lands conveyed or devised, and any bid $ 18. money or other personal property given or be- Power of trusqueathed, to be applied for any purpose connected property. with the institute.

tees to hold