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jailer or other proper person to the county infirmary of the proper county, to be kept, supported, and treated, as hereinbefore provided.

§ 973. Construction

97. Nothing in the preceding sections shall be so construed as to prevent any person, whether in a county infirmary or otherwise, from being received into a lunatic asylum of the state, if, by any law, such person would be otherwise entitled to such reception.

of this chapter.

$ 7166.

When ac

sane or an

idiot at commission of offense.

§ 7240. Whether or

tried by a spe

98. If, at any time before the indictment of a person confined in jail, charged with an offense, notice in writing be cused was in- given by any citizen, to the sheriff or jailer, that such person was insane or an idiot at the time the offense was committed, or has since become insane, the sheriff or jailer shall forthwith give the notices, and an examining court shall be held, as provided in the preceding section; and if the judge find that such person was an idiot when he committed the offense, or was then and still is insane, or afterwards became and still is insane, he shall, at his discretion, proceed as required by law after inquest held. 99. When the attorney of a person indicted for an offense suggests to the court in which the indictment is pendnot accused is ing, at any time before sentence, that such person is insane may be not then sane, and a certificate of a respectable phycial jury. sician to the same effect is presented to the court, the court shall order a jury to be empaneled, to try whether or not the accused is sane at the time of such empaneling; thereupon a time shall be fixed for a trial, and a jury shall be drawn from the jury-box, and a venire issued, unless the prosecuting attorney, or the attorney of the accused, demand a struck jury, in which case such jury shall be selected and summoned as required by law; the jury shall be sworn to try the question whether the accused is or is not sane, and a true verdict give according to the law and the evidence; and on the trial the accused shall hold the affirmative; if three-fourths of the jurors agree upon a verdict, their finding may be returned as the verdict of the jury; and a new trial may be granted on the application of the attorney of the accused, for the causes and in the manner provided in this title.

100. If three-fourths of the jurors do not agree, or the ver

*The judge to call witnesses including person charged.

§ 7241.

on verdict of such jury.

dict be set aside, another jury shall be empaneled to try the question; if the jury find the accused to be Proceedings sane, and no trial has been had on the indictment, a trial shall be had thereon as if the question had not been tried; if the jury find him to be not sane, that fact shall be certified by the clerk to the probate judge, and the accused shall, until restored to reason, be dealt with by such judge as upon inquest had; if he be discharged, the bond given for his support and safe keeping shall contain a condition that he shall, when restored to reason, answer to the offense charged in the indictment, or of which he has been convicted, at the next term of the court thereafter, and abide the order of the court; and such lunatic, when restored to reason, may be prosecuted for an offense committed by him previous to such insanity, or sentenced on a conviction had previous thereto.

Proceedings

when accused

is acquitted on the sole ground of

101. When a person tried upon an indictment for an offense is acquitted on the sole ground that he was insane § 7242. that fact shall be found by the jury in the verdict, and it shall be certified by the clerk to the probate judge; and the defendant shall not be discharged, insanity. but forthwith delivered to the probate judge, to be proceeded against upon the charge of lunacy, and the verdict shall be prima facie evidence of his insanity.

Proceedings

is restored to

102. When a lunatic confined in an asylum or an infirmary, under the provisions of section seventy-one hundred $7243. and sixty-six or section seventy-two hundred and when accused forty, is restored to reason, the superintendent hav- reason. ing him in charge shall notify the prosecuting attorney of the proper county of the fact, who shall, within a reasonable time, cause the clerk of the court to issue a capias, upon which the accused may be arrested and committed to the jail of the county, to answer the offense charged against him; and in default of such capias, the superintendent shall discharge him. 103. If a convict sentenced to death appear to be insane, the sheriff shall forthwith give notice thereof to a judge $7345. of the court of common pleas of the judicial district, and shall summon a jury of twelve impartial men had. 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.

If convict ap

pear insane,

inquest to be

§ 7346. Proceedings on the inquest.

104. 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, until the sheriff receives a warrant from the governor directing the same; and the finding of the jury and order of the judge, certified by the judge, shall be entered on the journal of the court by the clerk.

§ 7347.

When convict

105. The sheriff shall immediately transmit a certified copy of such finding to the governor, who may, as soon restored, gov as he is convinced that the convict has become of sound mind, issue a warrant appointing a time for

ernor to order execution.

his execution.

7428.

nacy on con

vict.

106. When a convict becomes insane the warden shall give notice to the physician for the prison, and the superInquest on lu intendent of the Columbus asylum for the insane, who, upon the receipt of such notice, shall forthwith. examine such convict, and if upon such examination they are of opinion that the convict is insane, they shall certify the same to the warden, who shall forthwith put such lunatic or insane convict in the department prepared for that purpose.

§ 7429. Restored convict to be returned to labor.

107. The physician, together with the superintendent of the asylum, shall give such medical and surgical aid to the lunatic or insane convicts as the nature of their cases require; and whenever any lunatic or insane convict is adjudged to be restored to his proper mind, or so far restored that it is considered safe to put him at labor under his sentence, and it is so certified by the physician and superintendent, the warden shall again put him at hard labor according to his sentence.

§ 7430.

When con

expiration of

sentence.

108. If a convict be insane at the time of the expiration of his sentence, the warden shall give notice, in writing, viets insane at to the probate judge of the county from which he was sent, of the fact of such insanity, and such judge shall forthwith issue his warrant to the sheriff of such county commanding him to remove such insane convict, and return him to such county; upon receipt of such warrant the sheriff shall execute the same forthwith, and make return thereof to the probate judge by whom it was issued, and thereupon the

probate judge shall immediately order such insane person to be confined, or otherwise disposed of and provided for, as directed by law; and the sheriff shall receive the same compensation as for transferring a prisoner to the penitentiary, and the auditor of the county shall draw an order upon the county treasurer for the amount; if any probate judge, after having been so notified by the warden, neglect to issue his warrant, as herein provided, or if any sheriff neglect to remove such insane convict, as required by the provisions of this section, the warden shall cause such insane convict to be removed, and returned to the county from which he was sent, in charge of an officer of the penitentiary, or some other suitable person; and the cost of such removal shall be paid out of the county treasury, upon the warrant of the county auditor.

§ 91.

who becomes insane.

109. If a convict, at any time before the full execution of the sentence, be represented to the governor to be insane, the governor shall inquire into the facts, and As to a convict if, in his opinion, they require the exercise of executive clemency, he may, without notice, pardon the convict, or commute the sentence, or suspend its execution for a definite time, or, from time to time, as he may deem proper; and the governor, in case of commutation or suspension may, by his warrant to the proper officer, order the convict to be confined in the penitentiary or [a] jail or conveyed to an asylum for insane for treatment. If the sentence be suspended and the convict recover his reason, the sentence, so far as not before executed, shall, at the termination of the suspension, be fully executed.

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Act of 1882,

p. 23, § 1.

tees estab

lished.

1. There is hereby created a board of trustees, consisting of the governor, who shall be president of the board, Board of trus- the secretary of state and state treasurer. The board of trustees, created under the provisions of this act, shall be known by the name and style of the "Board of Trustees of the Oregon State Insane Asylum," and by that name they and their successors shall be known in law, may receive, take and hold property, both real and personal, in trust for the state, and for the use and benefit of said asylum. They shall have power to govern, manage and administer the

Powers and duties.

affairs of the asylum, make and adopt by-laws for their government and the government of the asylum; they shall appoint all officers and employes of said asylum, prescribe their duties, and remove them when in their judgment the good of the public service requires it; they shall cause to be kept a full and correct record of their proceedings, which shall be open at all times to the inspection of any citizen desiring to examine the same; they shall hold stated meetings at the seat of government monthly; a majority of the board shall constitute a quorum to do business; they shall visit the

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