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1. There is hereby established the Colorado insane asylum, Act of 1879, p. 87, § 1. for the treatment and cure of such persons as may become insane from any cause.

Establishment of

asylum.

Ibid § 2.

2. The management of said asylum shall be by a superintendent and a board of three commissioners, who shall, Management. together, have full control thereof, as hereinafter provided. The superintendent and board of commissioners shall be appointed by the governor, and no more than one of said commissioners shall be appointed from the same judicial district, and the superintendent shall hold his position for the term of six years; and the commissioners first appointed shall hold, one for six years, one for four years, and one for two years, and afterwards each commissioner shall be appointed for the term of six years; so that one commissioner shall be appointed and hold for the full term of six years. The superinSuperintend tendent shall give a bond to the state, in the sum of three thousand dollars, conditioned that he will honestly and faithfully discharge all of his legal duties according to law. The superintendent shall be a regularly graduated physician, and he shall reside at the asylum. He shall His salary. receive a salary of two thousand dollars per annum, payable quarterly. The commissioners shall each receive a

ent to give

bond.

ternal govern

ent to receive

Ibid § 3.

paid.

salary of six hundred dollars per annum, payable quarterly; and they shall hold regular meetings at the asylum each quarter for the transaction of the business of the asylum. The superintendent and board of commissioners shall Rules for inprescribe and publish such rules for the manage- ment. ment of the affairs of the asylum and its inmates as experience. and observation shall prove beneficial. They shall have power to employ all subordinates necessary to do the busi- Employes. ness of the asylum. The superintendent shall receive and discharge all persons placed in charge of the asylum Superintend under the provisions of this act. The board of com- and discharge missioners shall not be required to act as such until all patients. the asylum is open for the reception of inmates, excepting as hereinafter specified. The superintendent shall be superintendent of construction of the asylum building, and shall have care of the grounds and everything belonging to the asylum, and he shall enter upon his duties as soon as he is appointed. 3. The salaries of all officers, employes, the expenses of the asylum, and all bills incurred in regard thereto authorized by law, shall be audited by the state Salaries, how auditor quarterly, and warrants therefor drawn upon the state treasurer, to be paid out of the insane fund. 4. The superintendent and board of commissioners shall make a report to the governor on or before the first Ibid § 4. Reday of December in each and every year, showing to governor. the condition of the asylum financially, the number, age, sex, occupation, residence, treatment and state of reform of all persons admitted from the date of the opening of the asylum, or from the date of the last report, together with such other facts and opinions as their experience and observation may prove and may be deemed of interest to the public; and the Governor to governor shall cause said reports to be published, port. and he shall present them to the next general assembly. 5. It is hereby made the duty of the governor to appoint the superintendent and board of commissioners of Ibid § 5. the Colorado insane asylum immediately upon the appoint the passage of this act, and it shall thereupon become the duty of the said commissioners to select a site for the said asylum at or near the city of Pueblo, site. in the county of Pueblo, and state of Colorado, and such site

port to be made

publish re

Governor to

superinten

dent and com

missioners. Selection of a

to be not less than forty acres; provided, that the site for said asylum shall be donated to the state by the citizens of Pueblo; and they are hereby authorized to receive gifts or otherwise of lands for the use and benefit of the state in reference to the site and building for said asylum. The site shall be susceptible of irrigation, and not too remote from good water, of suffi cient quality and quantity to furnish a supply for all necessary use. Upon selecting such site, the said commissioners shall report the facts as to the same to the governor, and he shall cause the title to be made to the state with as little delay as possible. The said commission may lease or build or purchase a temporary building for immediate use. The commissioners. Compensation shall receive for their services herein named the sum of one hundred dollars each, and mileage of twenty cents for each mile traveled in the selection of such site. As soon as the site shall be selected and title made to the state, the superintendent shall cause proper designs and plans of the grounds and buildings to be made, and shall proceed to lease or construct temporary buildings, which shall be opened for use as speedily as practicable.

of commissioners.

Superinten. dent to obtain plans, etc.

Ibid § 6.

State insane tax to be levied.

6. There shall be levied and assessed upon all taxable property in the state, real and personal, for the creation and support of such asylum as herein provided, a tax of one-fifth (1-5) of a mill on each and every dollar to be known as the insane tax; such revenue to be assessed and collected in like manner with other revenues of the state.

of 1877.

§ 1698,

as amended

p. 90, $ 1.

Summoning

of jury on inquisition of lunacy.

7. Whenever any reputable person shall file a complaint, General Laws duly verified in the county court, alleging that any person is a lunatic or insane person, and that said by act of 1879, lunatic or insane person has personal or real property, and is so insane or distracted in mind as to render such person incapable of properly and safely attending to and managing the same, the judge of said court shall thereupon order a jury of six jurors to be summoned to ascertain whether such person is so insane or distracted as to render him or her incapable and unfit to care for and manage his or her estate; and if said jury shall return in their Appointment verdict that such person is so insane or distracted in mind as to be incapable and unfit to take care of

of conserva

tor of insane

estate.

and manage his or her estate, it shall be the duty of person's said county court to appoint some fit person to be conservator of his or her estate.

§ 1724.

How inquest

had to determine restora

tion of lunatic

to reason.

8. If any person shall present to the county court of the county where any such conservator hath been appointed, an information in writing, setting forth that the insane person hath been restored to his or her reason, such court shall cause the fact to be inquired of by a jury. If upon such inquest, it shall be found that such person hath been restored to his or her reason, he or she shall be immediately set at liberty, and the county court shall issue a summons requiring the conservator to appear and settle his accounts. The expenses attending any inquest held under this chapter, shall be paid out of the estate of such insane person, upon the order of the county court, or, if there be no such estate, the county commissioners of the proper county, upon certificate of the amount thereof by the judge of the county court, shall allow the same, and a warrant therefor shall be drawn upon the county treasurer.

17 to have

§ 1720.

of luna

custody of

tic; how sup

9. The overseer of the poor-house of the county, or such other person as the county commissioners may appoint, shall, in case any lunatic hath no relative or friend who will care for him or her, have the charge ported of the body of such lunatic, and shall have power to confine him or her, and shall comfortably support such person, and make out an account thereof and return the same to the county commissioners, whose duty it shall be, on satisfactory proof of the justice of such account, to issue their warrant on the treasurer of the county therefor; or, if such lunatic hath any estate in the hands of his conservator, such account shall be rendered to the county court, and upon the order of the county court, the conservator shall pay the same out of any moneys in his hands pertaining to such estate, and which may lawfully be so applied.

as amended

by act of '79,

10. Whenever any reputable person shall file with the county court a complaint duly verified, alleging $1725, that any person is so insane or distracted in mind as to endanger his own person or property, or the person or property of another or others if allowed to go at large, the county court or judge thereof shall forth

Arrest of insane person.

inquest.

with issue an order in the name of the people, directed to any sheriff or constable of said county for the apprehension of such alleged insane person, which order may be executed by any sheriff or constable of said county, or by any person specially appointed by said court to execute the same; provided, that when any sheriff or constable shall find within his county any such insane person at large, it shall be his duty to apprehend such insane person without an order of court. And when any alleged insane person shall be so arrested by, or without an order of court, he or she shall be taken forthwith before the Provision for County court, or judge thereof, and if the alleged insane person so elect, an inquest, as provided for in section 1 shall be held without delay; and until the determination of such inquest such alleged insane person shall be confined in the county jail or other convenient place. If, upon such inquest, it shall be found in the verdict of the jury that such alleged insane person is so insane or distracted in mind as to endanger his or her own person or property, or the person or property of another or others if allowed to go at large, it shall be the duty of the court, by an order to be entered of record, to commit such insane person to the county commitment. jail, or other convenient place, to be there confined until discharged on inquest, or otherwise disposed of according to law; provided, that both before and after such inquest upon application of any relative or friend of such alleged insane person, and upon its satisfactorily appearing that the applicant is a suitable and proper person to have the custody of such alleged insane person, the county court shall order such alleged insane person to be delivered into the custody of such relative or friend; provided further, that the complaint mentioned in section 1 may be joined with the complaint mentioned in this section; and when both complaints shall be on file in the court at the same time, one inquest shall determine the matters charged in both complaints.

Order for

§ 1826,
as amended

11. No inquest of lunacy shall be held until at least ten days' previous notice shall have been given to the alleged by act of 79, lunatic, and to the guardian ad litem to be appointed by the court, by citation issuing out of the county court, setting forth the substance of the complaint, and the time and place when and where such inquisition will

p. 91, § 3.

Notice of inquest.

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