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other officers of the hospital against all liability to prosecution of any kind, on account of the reception and detention of such persons in the hospital; provided, such detention shall be otherwise, in accordance with the laws and by-laws regulating its management.

Definition of

67. The term "insane" as used in this act includes every species of insanity or mental derangement. The bid $ 54 term "idiot" is restricted to persons supposed to be "insane." naturally without mind; no idiot shall hereafter be admitted. into the hospital for the insane; and all such idiots now in said hospital shall be discharged at the expiration of thirty days from the passage of this act, and it is hereby made the duty of the board of trustees to notify the commissioners of insanity of the county from which such idiots were sent, to remove said idiots from the hospital; and in case of neglect or refusal to comply with these provisions within thirty (30) days from the date of said notification, the superintendent shall cause said idiots to be returned to said counties at the expense of said county-which sum shall be collected in the same manner as provided for patients in section forty-seven of this act. When such idiots are removed they shall be provided for in the same manner as other poor.

68. The trustees of the hospital shall provide for furnishing the commissioners of insanity, of the counties en- Ibid § 55. titled to send patients to the hospital, with such Blanks. blanks for warrants, certificates, etc., as will enable them with regularity and facility to comply with the provisions of the law, and also with copies of the by-laws of the hospital when printed.

Insane from

other states.

69. Insane persons may be admitted from other states and territories upon equal footing and on same condi- Ibid $ 57. tions as private pay patients. The sum to be paid monthly for the care, maintenance and treatment of such patients to be fixed from time to time by the board of trustees, and to be collected quarterly in advance by the steward of the hospital and accounted for as other funds in his hands belonging to the state of Nebraska.

70. Henceforth there shall be no censorship exercised over the correspondence of inmates of the hospital for the insane in this state, but their postoffice rights

Act of 1883,
Correspond

ch. 49, § 1.

ence of in

mates of insane hospitals.

shall be as free and unrestrained as are those of any resident or citizen of this state, and be under the protection of the same postal laws. And every inmate shall be allowed to write when and whenever he or she desires to any person he or she may choose. And it is hereby made the duty of the superintendent to furnish each and every inmate of each and every insane asylum in this state with suitable material, at the expense of the state, for writing, inclosing, sealing, stamping, and mailing letters, sufficient for writing at least one letter a week, provided they request the same, unless they are otherwise furnished with such material; and all such letters shall be dropped by the writers thereof, accompanied by an attendant when necessary, into a post office box, provided by the state at the hospital for the insane, and kept in some place easy of access to all the patients; and the contents of such post office box or boxes shall be collected once every week by the authorized person and by him placed into the hands of the United States mail for delivery. And it is hereby made the duty of the superintendent of every hospital for the insane in the state, either public or private, to deliver or cause to be delivered to said person any letter or writing to him or her directed, without opening or reading the same, or allowing it to be opened or read, without consent of the recipient of such letter, or the request or consent of the writer.

Ibid § 2. Penalty for violation.

71. Any person refusing or neglecting to comply with, or wilfully and knowingly violating any of the provisions of this act, shall, upon conviction thereof, be punished by imprisonment in the penitentiary for a term not exceeding three years nor less than six months, or by a fine not exceeding $500, or both, at the discretion of the court, and by ineligibility to any office in the asylum afterwards.

Ibid § 3.

72. A printed copy of this act shall be framed and kept posted in every ward of every hospital for the inin each ward, etc. sane, both public and private, in the state of Nebraska.

Copy to be posted

Part 3, § 454.
Accused in-

73. A person that becomes lunatic or insane after the commission of a crime or misdemeanor, ought not to be tried for the offense during the continuance of the lunacy or insanity. If, after verdict of guilty, and before judgment pronounced, such person become lunatic

sane not to be tried.

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 of guilty. 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.

Ibid § 553.
Insane con-

viet, trial of

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 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.

Inquest in

75. The judge, clerk of court, and district attorney shall attend the inquiry. Witnesses may be produced Ibid § 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 Ihid § 555. as he shall be convinced that the convict has become Finding transof sound mind, issue a warrant appointing a time governor. for his execution.

mitted to

[blocks in formation]

1. The state grounds at Reno are hereby selected as the site for an insane asylum, and such insane asylum is hereby located on said grounds.

Act of 1879, ch. 130, § 1.

Asylum at Reno established.

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

dred 300 inches of water, before commencing to improve the land.

ch. 42, § 1.

Act of 1881, Board of insioners cheatand duties.

sane commis

ed; powers

3. A board, consisting of the present board of commissioners for the insane, and the lieutenant governor, is hereby created for the purpose of causing to be enacted, on the state land, near the town of Reno, Washoe county, a suitable building or buildings 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 the constitutional oath of office, and cause the same to be filed with the secretary of state.

Ibid § 2. ers to take

Commission

oath of office.

meet at

Their orgari

5. Immediately after qualifying, the members shall the seat of government, and organize said board by bid § 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.

superintend

Advertise for

6. After the approval of this act they shall organize and act immediately. They shall advertise in two news- Ibid § 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

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