days thereafter, for the custody, maintenance, and treatment of such insane persons in accordance with such rules; which publication shall be made in some newspaper published in each one of said districts in which a newspaper shall be published, and the first number of which newspaper containing such publication shall be published at least thirty days before any contract shall be made by said conmissioners by virtue of this article. All proposals tendered in pursuance of said publication shall be accompanied by a bond in the sum of twentyfive thousand dollars, with sufficient sureties, to be approved by the president of said board, conditioned for the faithful performance of the terms of the contract in case such proposal shall be accepted. hid § 707. sioners to conlowest bidder Ibid tract with for care and maintenance of insane. 7. Said commissioners shall canvass all proposals received in accordance with said publication, and they are hereby authorized and empowered to contract on behalf and in the name of the territory of Montana, with the lowest and best bidder, for the care, custody, and maintenance of such insane persons in accordance with the requirements published as aforesaid; but said commissioners shall have and reserve the power to reject any and all of such proposals; and such contracts shall require the person or persons entering into the same to receive all persons adjudged insane and delivered to him or them, as hereinafter provided; and to keep, maintain, and treat them in accordance with the requirements of said commissioners; and shall specify the compensation agreed upon for each of such insane persons. One of com 8. Said commissioners shall, at all times, have free access to said insane persons, and it is hereby made their duty to elect one of their board, whose duty it shall be to visit and inspect the condition of all insane persons provided for by this article, at least once in three months. bia § 70s. missioners to spect insane months. visit and in once in three Ibid § 709. Commissionamount due ers to certify 9. The said commissioners shall, upon the application of the person or persons having the custody of said insane persons, under such contract, at the end of each quarter, certify to the territorial auditor the amount due to such person therefor; and it shall be the duty of such auditor to draw his warrant upon the terri- ditor, for maintenance of insane to au torial treasurer for such amount payable out of the moneys hereinafter appropriated. Ibid § 710. able building 10. The said contract shall require the person or persons entering into the same to provide and keep a secure provide a suit and suitable building for the safe and proper keepfor the insane. ing of such insane persons in the manner prescribed by said commissioners; and such person shall immediately transmit and cause to be filed in the office of the probate judge in each county in the territory a notification of the place at which insane persons from such county shall be delivered for safe keeping and treatment under the provisions hereof. Ibid § 711. Probate judge missioners to have insane person brought before him, sum ceedings thereon. 11. From and after the passage of this article, it shall be the duty of the probate judge, or, in his absence or inor county com- ability to act, the chairman of the boards of the county commissioners of the several counties of this territory, upon the application of any person under mon jury; pro- oath, setting forth that any person, by reason of insanity, is unsafe to be at large, or is suffering under mental derangement, to cause the said person to be brought before him at such time and place as he may direct, and the said judge or commissioner shall also cause to appear, at the same time and place, a jury of three citizens of his county, one of whom shall be a licensed practicing physician, who shall proceed to examine the person alleged to be insane, and if such jury, after careful examination, shall certify, upon oath, that the charge is correct, and the said probate judge or commissioner is satisfied that such person, by reason of insanity, is unsafe to be at large, or is incompetent to provide for his or her own proper care and support, and has no property applicable to such purpose, and has no kindred in the degree of husband or wife, father or mother, children, or brother or sister, living within this territory, of sufficient means and ability to provide for such care and maintenance, or if he or she have such kindred within the territory, and such kindred fail or refuse to properly care for and maintain such insane person, such judge or county commissioner shall make out duplicate warrants, reciting such facts, and place them in the hands of the sheriff of said county, who shall immediately, in compliance therewith, convey the person or persons therein named, and deliver him, her or them, to the contractor aforesaid, at the place des ignated in the notification herein required, and such contractor shall acknowledge, by endorsement in writing, upon the back of each of said warrants, the delivery of such persons described therein to him, and the date thereof; and such sheriff shall return one of said warrants to the officer issuing the same, and forward the other to the secretary of the board of commissioners aforesaid, who shall file and preserve the same. bid § 712. may annul re-letit. Commissioner contract and 12. In case such contractor shall fail to perform his agreement, said commissioners may declare said contract annulled, and may proceed to re-advertise and re-let the same, in the meantime provide for the custody and care of such insane persons as may be under the care of such contractor, and such contractor and his sureties shall be liable for all damages sustained by reason of such failure. 13. All persons hereafter adjudged insane under the laws of this territory, whether indigent or not, shall be cared for by the territory, under the contract 112. made by the governor of the territory, as now provided for the care and maintenance of indigent insane; and no person so adjudged insane shall be refused admission into any asylum provided by the territory, nor shall the territory ask or receive any compensation therefor. Act of 1883, All insane to be admitted without Div. 5, § 714. lowance of sioners. Pay and al 14. Said commissioners shall each be allowed the sum of six dollars for each day they may be actually and necessarily engaged in the discharge of their duties as herein prescribed, and twenty cents for each mile actually and necessarily traveled by them in performance of such duties. Ibid § 716. commis Ibid § 715. ers to certify Commission amount to auditor. 15. Said commissioners shall certify to the territorial auditor such amounts as may be payable for expenses incurred by virtue hereof, and the auditor shall draw his warrant upon the territorial treasurer therefor. 16. There shall be allowed to the probate judge or commissioner the following fees: for the examination, to include all necessary entries, three dollars; for each warrant issued, one dollar. 17. And there shall be allowed to the sheriff the following fees: for arresting and bringing the person charged bid § 717. with insanity before the probate judge, or, in the for services. absence of the probate judge, the chairman of the county com Fees of probate judge or county commissioners for examination. Fees of sheriff missioners, and subpoenaing witnesses, the same fees as are allowed by law in other cases; for taking an insane person to the place designated by the probate judge or chairman aforesaid, five dollars per day for the time necessarily employed, and twenty cents for each mile necessarily traveled, and all necessary disbursements for the support of the insane person, to be audited by the county commissioners, and paid out of the county treasury of the county in which said person shall be adjudged insane. Ibid § 718. ers to report to legislature; vacancy. 18. It shall be the duty of said board of commissioners to make full report of all their proceedings under this article to the legislative assembly at such regular governor to fil session thereafter; and in case a vacancy occurring in said board during a recess of the assembly, the governor shall designate some suitable person to fill such vacancy until the next meeting of the legislative assembly. 19. Hereafter whenever the friends or relatives of any inmate of the Montana insane asylum shall apply for assistance or permission to remove any patient in the territory. said asylum from thence to his or her friends or relatives in any state or territory, the governor of this territory is hereby authorized and empowered to have such insane person conveyed to his or her relatives or friends, at the expense of the territory of Montana, if he shall deem such action conducive to the interests of this territory, and the welfare of the insane person. Ibid § 720. Removal of insane from Ibid § 721. 20. The territorial auditor is hereby authorized and instructed to draw warrants on the territorial treasurer Same subject. in favor of the governor of this territory for such amounts, and at such times as may be required for the purpose mentioned in section 720 of this article. Ibid § 722. Indigent insaue. 21. The governor is hereby authorized by publication for three weeks in a newspaper published at the capital of the territory, inviting proposals for the care and maintenance of the indigent insane of Montana territory, and to let the contract to the lowest responsible bidder; but the governor shall have the right to reject any and all bids, and to make a private contract, provided such contract can be made at a less price than any bids made under publication for proposals, and that such indigent insane shall be maintained under such contract so long as in the judgment of the governor the interests of the territory will be subserved thereby; and that upon the receipt of any account for such maintenance the governor shall certify to the same, if it be correct, and thereupon it shall be the duty of the territorial auditor to draw his warrant upon the territorial treasurer for an amount of money sufficient to pay therefor; provided, that the governor shall not contract, under this resolution, for a period extending beyond the completion of the asylum for the insane; and, provided further, that whenever, in the judgment of the governor, it is desirable to send such insane person to friends out of the territory, he may do so at the expense of the territory; and whenever in his judgment, the interests of such insane persons, and of the territory will be promoted by changing the said contract to some other institution or person, at a rate not exceeding that mentioned in said communication, he may do so, and the expenses shall be paid by warrants drawn on the territorial treasurer, to be sold by the auditor, to raise the money herein authorized to be expended; provided, further, that the costs necessarily attending the adjudication of insanity, and transportation of any insane persons to the place provided for their care and maintenance, shall be paid by the county where such insane person resides at the time he may be adjudged to be insane; provided, further, that idiotic persons shall be classed with insane persons under the provisions of this article, and the word "maintenance" in this article, shall be construed to mean and include medical attendance. Div. 2, § 431. In what cases insane ward and how an 22. Any ward of unsound mind may be placed in an asylum for such person, upon the order of the probate judge of the county in which he resides, as follows: First.—The judge must be satisfied by the oath of two reputable physicians that such person is of unsound mind and unfit to be at large. may be placed in asylum. Second. Before granting the order the judge must examine the person himself; or, if that is impracticable, cause him to be examined by an impartial person. Third. After the order is granted, the person alleged to be of unsound mind, his or her husband or wife, or relative to the third degree, may demand an investigation before a jury, which must be conducted in all respects as under an inquisi |