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Rules for construing statutes.

Ch, 35, $ 28. Establishment of a lunacy commission, for inspection of

with the manifest intent of the legislature, or re- ch.
pugnant to the context of the same statute, that is
is to say:- * * * * * * * * *

Sixth. The words "insane person” shall include every idiot, non-compos, lunatic, and distracted person; and the word “spendthrift” shall include every one who is liable to be put under guardianship on account of excessive drinking, gaming, idleness or debauchery.

34. The governor shall appoint a commission of three doctors, one of whom shall be a member of the state ch board of health, who shall serve for a period of two years, or until their successors shall be appointed, who shall constitute a commission whose duty it hospitals; re. shall be to visit the several Minnesota hospitals for Ports. the insane at least once every six months of each year, or upon the written request of the governor of tbe state, and inspect said hospitals as to the sanitary condition and the general management of the same, and also to examine into the mental and physical condition of the patients therein, frequency, manner, and cause of punishment, elopements, deaths, and such other matters as may fall within the scope of a thorough hospital inspection, and report in detail to the governor within ten days after each and every such inspection is made. Said commissioners shall be known and designated as the lunacy commission and shall receive for their said services and expenses the sum of one hundred dollars per annum each; for which the state auditor shall draw his warrant on the state treasurer, payable out of the general fund.

35. Should the said commission find, upon visiting either of the said hospitals, any patient or patients whose Ibid § 28 a. insanity they have reason to doubt, said commis- bate judge to sion shall have the authority to remand such pa- patients, on tient or patients to the probate court, from which manded by they were committed respectively, there to be de- mission ; retained a reasonable time, under proper surveillance, to asylum. when, if such judge shall be satisfied of his or her sanity, he or she shall be discharged by order of said court; otherwise he or she shall be recommitted to the hospital for the insane; provided, that said commission shall have no au- Proviso. thority to discharge any patient committed to either of the insane asylums in this state and charged with crime.

Power of pro


being re

lunacy com



dumb, deaf and blind.

Provision for feebleminded

36. It shall further be the duty of said commission to select Ibid § 28 . from the patients of the insane hospitals such idiotic to asylum of and feeble-minded children and youths who, in their and blind. opinion, are proper subjects for training and instruction, and transfer the same to the trustees of the asylum for the deaf, dumb, and the blind at Faribault.

37. The trustees of the asylum for the deaf, dumb, and the Ibid § 28 c. blind are hereby authorized to receive such weak

minded and idiotic children and youths as may be children. sent them under the provisions of this act, and make provisions for the maintenance of said children and youths, and are required to lease, for a term not exceeding two years, a proper building or rooms for the same, and to provide a competent teacher and attendants for said children and youths, and to establish such rules and regulations as may be necessary for the instruction, training and government of said children and youths. 38. In case any children and youths so received shall be

found, upon trial, incapable of receiving any benefit pa from such instruction and training, or when, in the

ed. opinion of the superintendent of said asylum, it shall be better for the welfare of any child or youth to be removed from said asylum, the said superintendent shall have full power to remand any such child or youth to the parents thereof, or to the board of commissioners of the county from which the child or youth was sent.

39. Nothing herein contained shall be construed as estabIbid $ 25 é lishing a permanent institution for the support and

Itation. education of the persons herein named. 40. Whenever any person who now is, or who may hereCh. 35, $ 33. after become, a convict in the state prison, shall, in

the opinion of the warden and board of inspectors re- thereof, be regarded as insane, it shall be the duty

of the said board to call in two physicians skilled in their profession, one of whom may be the prison physician, who shall, without employing cruel or inhuman tests, make a careful and thorough examination as to the insanity of such convict, and report the result of their examination; which report shall be in duplicate, and entered on the prison records, and be regarded as conclusive evidence in the case.

Ibid $ 28 d. Incurable patients to be remanded.

Examination of convict for supposed insanity; reports.


port to

Governor to

mentro insane

Ibid $ 36. Form of receipt for such con rict.

41. Whenever, as in manner above named, any convict shall be pronounced insane, said board shall notify the Ibid 34. governor of the fact by forwarding to him said board to reduplicate report, to each of which shall be appended governor. a transcript of the prison records relating to such convict.

42. Upon the receipt of said notice, the governor shall endorse thereon his approval, and shall, at the expense Ibid § 35. of the state, cause such convict to be removed from order commitprison, and delivered to the superintendent of the hospital. hospital for insane, for treatment in that institution; and, shall, at the same time, forward to said superintendent said duplicate notice of the officers of the state prison; which notice shall be to him a warrant to receive and provide for such convict such treatment as that afforded in said hospital to similar cases of insanity, except that such convict shall be kept separate and apart from other patients, so far as practicable.

43. Upon receiving such convict and said warrant from the governor, the superintendent shall endorse upon one substantially as follows:

Minnesota Hospital for the Insane. Received this day of 18 , the patient, a state prison convict, named in the within warrant.

A. B., Superintendent. Which shall be returned, with the superintendent's endorsement, to the warden of the state prison, and filed in his office; the duplicate warrant shall be filed in the office of the superintendent.

44. Whenever, in the opinion of the superintendent, such convict is cured of the mental disability on account ibid ş 37. of which such commitment was made, the term of be remanded sentence not having expired, he shall notify the ir cured. governor of such fact, who shall remand such convict to the state prison at the expense of the state.

45. In computing time allowed by law for good conduct under prison discipline, the board of inspectors Ibid § 38. shall grant to such convict the full benefit of said how affected; law for the time so absent or insane; but no such good couduct. absence or insanity shall affect the term of sentence of such conduct [convict].

46. When any person indicted for an offense is, on trial, ac

Convict to

to prison,

Term of sentence,

time allowed for


on ground of

Ch. 114, § 23. quitted by the jury, by reason of insanity, the jury, on acquittal in giving their verdict of not guilty, shall state that insanity. it was given for such cause; and thereupon, if the discharge or going at large of such insane person is considered by the court manifestly dangerous to the peace and safety of the community, the court may order him to be committed to the hospital for the insane, for safe keeping and treatment, or may order him to be committed to prison, or may give him into the care of his friends, if they shall give bonds with surety, to the satisfaction of the court, conditioned that he shall be well and securely kept; otherwise he shall be discharged.


GOVERNMENT OF JACKSON ASYLUM. || trustees of Jackson asylum; to 1. State asylum continued, corporate

furnish asylum; term of office. powers.

24. Appropriation for equipment. 2. Government vested in a board of 25. Superintendent, powers.

trustees, appointment, term of 26. Appropriation for asylum.

3. Trustees in office to hold until suc-
cessors appointed.

27. Who may be admitted ; judge's 4. Governor to be ex-officio president;

certificate of indigence. president pro tem. to be chosen.

28. Order of court to authorize ad5. Vacancies temporarily filled by mission, when there are vacangovernor.

cies. 6. Vacancy, when presumed ; quorum.

29. Admission by trustees without pro7. Trustees to have general control;

ceedings in lunacy. by-laws and regulations.

30. History of patient's lunacy; trus8. Records, monthly inspection, meet

tees may refuse admission on non* ings, reports.

compliance with regulations 9. Steward, bond.

31. Inquisition of lunacy of insane 10. Salaries of officers fixed by trustees. going at large; commitment to 11. Superintendent, appointment.

asylum, or temporary confine12. Term of office. "

ment in jail. 13. Vacancy, temporarily filled by

32. Removal of harmless incurables. governor.

33. Removal and support of harmless 14. Removal of superintendent and

incurables, estate liable for. trustees.

34. Relatives liable for. 15. Superintendent, powers and duties. 35. Removal to county of settlement. 16. Steward, duties, inventory.

36. Discharge on recovery, above pro17. Exemption of officers from jury

visions applicable to. service.

37. Inquisition of lunacy for appoint

ment of guardian. EAST MISSISSIPPI ASYLUM. 18. Establishment and title.

CRIMINAL INSANE. 19. Commissioners for selection of site; 38. Investigation of insanity, report to amonnt of land; tax to be levied.

court of chancery. 20. Powers of commissioners.

39. When not indicted, grand jury to 21. Expenses of, paid by state.

certify fact of insanity, to circuit 22. Authority to erect asylum; plans court, notice to court of chancery. and specifications.

40. Fact of insanity to be stated in 23. Government vested in board of verdict of aquittal, notice to court trustees with powers similar to

of chancery; proceedings.

1. The state lunatic asylum, heretofore established,* shall continue to exist as a body politic and corporate, by R. C, 1880. that name and style, with all the rights, powers and òrganization. privileges incident to such a body, and necessary and proper

$ 642.

* At Jackson.

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