lunatics or idiots, when such lunacy commenced, what means (if any) they have for support, with all other facts connected with each case, calculated to give information of their actual state and condition. When sent to 62. The said board of chosen freeholders shall, at their annual meeting, cause an examination to be made Ibid p. 606, into the condition and circumstances of such idiots 23. and lunatics; and if it shall appear to them that asylum. there is reasonable ground to believe that any of such persons can be restored to their right mind, it shall be their duty to cause such persons, under a warrant, signed by the director of the board, to be taken to the state lunatic asylum. of chosen Ibid p. 606, § 24. Freeholders may act by 63. It shall and may be lawful for such board freeholders to appoint a committee of said board to act in the intervals between the fixed and general meetings, if they shall deem it expedient so to committee. do, of such number and with such powers as they shall deem proper. SUPPORT OF INSANE IN COUNTY ASYLUMS. $ 129. County luna tic asylums. 64. The sum of one dollar per week for each county patient confined in any county lunatic asylum, established bid p. 628, by the board of chosen freeholders of such county, shall be paid by the state treasurer on the warrant of the comptroller, to the director of such board of chosen freeholders, upon a statement to be furnished by him, giving the number of such county patients which may have been thus supported in said asylum, during the preceding quarter, computing from the first day of January, one thousand eight hundred and seventy-three. Act of 1880, Insane pauplaced in lums. ch. 68, § 1. pers may be county asy 65. The different county insane asylums heretofore established, or which may be hereafter established, by the boards of chosen freeholders of said counties, in all cases in which by the laws of this state, the expense of the maintenance, charge, and care of an insane pauper in the state lunatic asylums, now is made chargeable to any of said counties, or shall hereafter be made so chargeable, it shall be lawful after the insanity of the pauper shall be ascertained in the manner prescribed by the provisions. of the act entitled "An act for the organization of the state lu natic asylum, and for the care and maintenance of the insane," approved February twenty-third, one thousand eight hundred and forty-seven, and supplements thereto to place such insane pauper in the asylums of said counties, respectively, at their expense, there to remain for the length of time set forth in the said act and supplements thereto. 66. In all cases where, by the laws of this state, a person in I id § 2. gents may be of county where they reside. indigent circumstances, not a pauper, becomes insane and application shall be made in his behalf in Bane asylums the mode and manner prescribed by the act last aforesaid and the supplements thereto, it shall be lawful to place such person in the county asylum of the county where he resides, for the length of time in the said act and supplements expressed, if such person be chargeable to said county. Ibid § 3. Insane pa received for 67. The said boards of chosen freeholders of said county, respectively, may, in their discretion, receive insane tients may be patients in said asylums, respectively, for pay, under such regulations as they may prescribe, the proceeds of which pay shall be expended under the direction of said boards towards the support of under said county asylums, respectively. payment in county asylum. Ibid § 4. and by-laws 68. The said boards are hereby authorized to establish such by-laws as they may deem necessary and expedient, for regulating the appointment of the superintendof freeholders. ent or warden, and such other officers as they may deem necessary, but subject to removal at any time by a vote of two-thirds of the members of the board, for fixing the terms of admission, support, and discharge of patients, and for conducting in a proper manner the affairs and business of said asylums; and to ordain and enforce a suitable system of rules and regulations for the internal government thereof; and they shall fix the compensation of said officer or officers which compensation and all expenses and charges incurred in the erection, purchase, or hiring of buildings, furnishing the same and maintaining and conducting the said asylums, shall be paid by the county collectors of said counties, from funds raised or to be raised by taxation, as other county expenses are raised and paid. CRIMINAL INSANE. 1877, p. 625, Proceedings sons acquit on ground of 69. When a person shall have escaped indictment, or have been acquitted of a criminal charge upon trial, on Revision of the ground of insanity, upon the plea pleaded of $110. insanity or otherwise, the court, being certified by in case of per the jury or otherwise of the fact, shall carefully ted of crime inquire and ascertain whether his insanity in any insanity. degree continues, and if it does, shall order him in safe custody, and to be sent to the asylum prescribed by the rules and regulations aforesaid; the county from which he is sent shall defray all his expenses while there, and of sending him back, if returned; but the county may recover the amount so paid from his own estate, if he has any, or from any relative or county that would have been bound to provide for and maintain him elsewhere. § 111. Ibid p. 625, Proceedings sane persons in case of in in confine ment. 70. If any person in confinement, under indictment or for want of bail for good behavior, or for keeping the peace or appearing as a witness, or in consequence of any summary conviction, or by order of any justice, or under any other than civil process, shall appear to be insane, the judge of the circuit court of the county where he is confined shall institute a careful investigation, call a respectable physician and other credible witnesses, invite the prosecutor of the pleas to aid in the examination, and, if he shall deem it necessary, call a jury, and for that purpose is fully empowered to compel the attendance of witnesses and jurors; and if it be satisfactorily proved that he is insane, said judge may discharge him from imprisonment, and order his safe custody and removal to the asylum, as prescribed by the rules and regulations aforesaid, where he shall remain until restored to his right mind; and then, if the said judge shall have so directed, the superintendent shall inform the said judge and the county clerk and prosecutor of the pleas thereof, whereupon he shall be remanded to prison, and criminal proceedings be resumed, or otherwise discharged; the provisions of the last preceding section, requiring the county to defray the expenses of a patient sent to the asylum, shall be equally applicable to similar expenses arising under this section and the one next following. Ibid p. 626, 71. Persons charged with misdemeanors, and acquitted on the ground of insanity, may be kept in custody and sent to the asylum, prescribed by said rules and regulations, in the same way as persons charged with crimes. for misdemeanors on grounds of insanity. Ibid p. 627, 72. A patient of the criminal class may be discharged by order of one of the justices of the supreme court, if, Discharge of upon due investigation, it shall appear safe, legal and right to make such order. $ 120. criminal patients. Ibid p. 605, $ 20. tic not to be imprisoned. 73. No idiot or lunatic during the time of his or her lunacy, shall be or stand committed or detained in prison Idiot or Inna for want of bail, or his or her body taken in execution in any civil action, or in any action for a penalty; and in case any idiot or lunatic shall be arrested and detained in custody in any civil suit, contrary to the true intent and meaning of this act, he or she shall be discharged, on motion, by the court out of which the process issued, on which he or she is so held in custody, or upon a writ of habeas corpus issuing out of the court of chancery or the supreme court, and allowed by the chancellor or one of the justices of the supreme court, returnable forthwith before the chancellor or any one of the justices of the supreme court. General Laws of 1880, ch. 74, District judge mission in de lunatico 1. It shall be lawful for any district judge in this territory to issue a commission, in term or vacation time, in the nature of a writ de lunatico inquirendo, to inquire into the lunacy or habitual drunkenness of any per- to issue comson within this territory, or having real or personal future of writ estate therein. Such commission shall issue in the inquirendo. county in which such person, who is alleged to be a lunatic or habitual drunkard, shall be or reside for the time being. If such person shall be absent from the territory, the commission shall issue in the county wherein he last had his residence, or in which his property is situated, and shall be executed therein. 2. The said commission shall be in the following form, to wit: The Territory of New Mexico to Greeting: Whereas, we have been informed in our of the county of , now a lunatic, Ibid § 2. Form of commission. court that * * and we being |