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intendents of

asylums.

Discharged

convicts to receive transportation in lieu of mile

age.

Form of certificates.

tution, a similar transportation certificate, which shall entitle the sheriff and other guard to transportation back to the county from which the prisoner was brought. It shall be the Duty of super- duty of the superintendents of the several asylums to furnish sheriffs or other officers delivering patients at their respective institutions with like certificates. The superintendent of the penitentiary, in lieu of the mileage now allowed discharged convicts, shall furnish them with like transportation the distance they are entitled to, over any road or transportation line embraced in the schedule furnished by the railroad commissioner. All certificates shall be in the form prescribed by the railroad commissioner, and ap proved by the several transportation companies in their respective contracts, and shall be taken up by the conductor or other agent authorized by the said transportation companies to collect fare, as other tickets or fares are collected by them. The said certificate shall be presented by the transportation companies holding the same, either monthly or quarterly, as may be determined upon by the said companies and railroad commissioner, to the auditor of public ac counts, who shall examine and pay the same, as other claims When no mile against the state are audited and settled. After contracts shall have been made under this act, no mileage shall be allowed any sheriff or other officer charged with conveying prisoners to the penitentiary or patients to an asylum, for any distance that he travels or shall travel on a railroad or transportation company under the provisions of this

To be paid as other claims.

age allowed.

act.

52. The contracts heretofore or hereafter made under the provisions of the first section of this act, may be of 1879, ch. 102, renewed or extended for such time as the railroad § 1.

Amendment

Contracts renewed or extended.

commissioner, with the approval of the governor, shall deem to the interest or advantage of the state. The superintendent of each of the several lunatic asylums of the state is hereby authorized and directed, when practicable. to send a proper guard for each patient destined for the asy Proviso. lum under his management: provided, that when the said superintendent deems it as well for the patient and more economical for the state, he is hereby empowered to

authorize any friend of the patient of responsibility and character to guard and conduct such patient to the asylum, and shall furnish the party so appointed for the said purpose a certificate, which shall entitle him to the passes usually furnished sheriff or other officers; and upon presentation of said paper to the clerk of the county, city or corporation How certifi in which the patient resides, the said clerk shall cates to issue. furnish the said person to convey said patient to the asylum the usual certificates of transportation: provided further, that the said superintendent shall allow the party ap- Proviso. pointed under this provision only the actual necessary expenses incurred by him or them in conveying to the asylum said patient; and in cases in which neither of the above-mentioned arrangements for guarding and conducting the insane to asylum shall be expedient or advisable, the sheriff or other guard, as heretofore, shall conduct insane persons to the asylum, and shall be allowed actual necessary expenses in discharging this duty, and also one dollar per day to the sheriff or other officer for each day actually occupied in this service.

Code of 1973, re-enacted 14.

ch. 201. § 14;

1878, ch. 16,

53. When a person in jail on a charge of having committed a criminal offense, appears, from a certificate of a grand jury, or otherwise to the satisfaction of the court in which he is held to answer, to have been insane at the time of committing the act, and continues to be so insane, the court, in its discretion, may order him to be sent to one of the lunatic asylums of the state, or to be delivered to his friends.

When not indicted.

54. No person shall, while he is insane, be tried for a criminal offense.

Ch. 202, § 16; re-enacted 1878, ch. 17, § 15.

Ibid § 17.
Proceedings

as to persons
found to be

alleged or

insane.

55. If a court in which a person is held for trial, see reasonable ground to doubt his sanity at the time at which, but for such doubt, he would be tried, it shall suspend the trial until a jury inquires into the fact as to such sanity. Such jury shall be empaneled at its bar. If the jury find the accused to be sane at the time of their verdict, they shall make no other inquiry, and the trial in chief shall proceed. If they find that he is insane, they shall inquire whether or no he was so at the time of the alleged offense. If they find that he was so at that time, the court may dismiss the prosecution, and either discharge him,

or, to prevent his doing mischief, remand him to jail, and order him to be removed thence to one of the lunatic asylums of this state. If they find that he was not so at that time, the court shall commit him to jail, or order him to be confined in one of the said asylums until he is so restored that he can be put upon his trial.

Ibid § 18. Court to empanel a jury.

56. If, after conviction and before sentence of any person, the court see reasonable ground to doubt his sanity, it may empanel a jury to inquire into the fact as to his sanity, and sentence him, or commit him to jail or to a lunatic asylum, according as the jury may find him to be insane or sane.

Ibid § 19. Proceedings when sanity restored.

57. When the board of directors of the lunatic asylum shall give notice to the clerk of the court, in pursuance of the thirty-second section of chapter eighty-two, such clerk shall issue a precept to the officer of said court, requiring him to bring the said prisoner from the asylum and commit him to jail.

Ibid § 20.

when brought

58. When a prisoner is so brought from the asylum and committed to jail, or when it is found by the verdict Proceedings of another jury that a prisoner, whose trial or senfrom asylum. tence was suspended by reason of his being found to be insane, has been restored, if convicted, he shall be sentenced; and if not, the court shall proceed to try him as if no delay had occurred on account of his insanity.

Ibid § 21. When acquitted.

59. When a person tried for an offense is acquitted by, the jury by reason of his being insane, the verdict shall state the fact; and thereupon the court may, if it deems him dangerous, order him to be committed to jail until he can be sent to one of the said asylums.

Ch. 82, § 32. How disposed of when restored to sanity.

60. When any person confined in an asylum and charged with crime, and subject to be tried therefor, or convicted of crime, shall be restored to sanity, the board shall give notice thereof to the clerk of the court by whose order, or by the order of the judge thereof he was confined, and deliver him in obedience to the proper precept.

61. If a person be found to be insane by justices before Ibid § 43. whom he may be examined, or in a court in which he may be charged with crime, as aforesaid, the

Committee of

a lunatic.

court of the county or corporation of which he is an inhabitant shall appoint a committee of him.

Persons

charged with

crime; wheu

62. If any person charged with or convicted of crime be found, in the court before which he is so charged or Ibid § 27. convicted, to be a lunatic, and such court shall order him to be confined in one of the lunatic asy- received. lums, or if a court, or judge thereof, shall order any person charged with crime to be confined in one of the lunatic asylums, he shall be received and confined if, or so soon as, there is a vacancy therein. The sheriff, or other officer of the court by which, or by the judge of which the order is made, shall immediately proceed, in the manner directed by the seventeenth section of this chapter, to ascertain whether such vacancy exists, and until it is ascertained that there is a vacancy, such lunatic shall be kept in the jail of such court.

WASHINGTON.

GOVERNMENT OF ASYLUM.

1. Title of asylum.

2. Board of trustees, appointment, term of office, organization.

3. Powers of trustees.

4. Bond of trustees.

5. Superintendent, qualifications, powers and duties.

6. Superintendent exempt from subpœna; officers exempt from jury and militia duty.

7. Accounts, audit, payment. 8. Compensation of trustees.

9. Trustees not to be interested in contracts.

10. Accounts, how kept.

11. Biennial reports of trustees.

12. Accounts and books of asylum to be open to inspection,

13. Ex-officio officers.

14. Superintendent may employ assistants; salaries.

15. Duty of retiring board of trustees. 16., Purchases, power of trustees. 17. Improvements and repairs, duty of

trustees.

18. Bills to be certified by president. 19. Appropriations.

ADMISSION AND DISCHARGE.

20. Patients with contagious diseases not admitted.

21 Preferences for admission.
22. Transfer to asylum.
23. Discharge, proceedings.

24. Discharged patients supplied with clothing and money.

25. History of patient, duty of superintendent; support.

Code of 1881, § 2247. designated.

26. Correspondence to be unrestricted, regulations.

27. Sudden deaths to be reported. 28. Refusal to comply with two preceding sections, penalty.

29. Transfer to asylum, expenses.
30. Transfer to be made by sheriff or
assistant.

31. Sheriff may employ guard,
32. Compensation of guard.
33. Compensation of sheriff.

34. Expenses of transfer, itemized bills.
35. Certificate on admission.
36. Expenses of transfer, how paid.
37. Appointment of guardian.
38. Investigation of insanity, commit-
ment, delivery to friends.
39. Transfer of indigent insane, ex-
penses.

40. Private patients, charges for. 41. Investigation of insanity, costs. 42. If information groundless, expenses paid by complainants.

43. Inquest of insanity, discharge. 44. Support of insane; expenses, how borne.

45. Reimbursement to territory. 46. Expenses of restraint and care, power of probate court.

47. Chargeability of relatives. 48. Indigent insane, support.

CRIMINAL INSANE.

49. Acquittal on ground of insanity, commitment by district court.

50. Acquittal on ground of insanity, commitment.

51. Dangerous insane to be transferred to asylum.

52. Order of court for removal.

1. The territorial asylum for the insane and idiotic, situated near the town of Steilacoom, in the county of Pierce, Asylum, how shall be hereafter styled and known as "The Hospital for the Insane in Washington Territory," and all statutes mentioning and referring to said asylum, heretofore enacted and not otherwise inconsistent with the provisions of

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