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§ 4505. Insanity;

86. If the court is of opinion that there is reasonable ground for believing him insane, the question of his insanity shall be determined as provided in this code, and if he is found to be insane, such proceedings mined. shall be had as are herein directed.

how deter

Acts of 1878,

87. The only officer[s] who shall have power to reprieve or suspend the execution of a judgment of death, are the governor and the sheriff, as provided in the next Reprieve; section, unless in case of an appeal to the supreme court, as provided in section eighteen of this act.*

who may.

sentence sus

88. When the sheriff is satisfied that there are reasonable grounds for believing that the defendant is insane, Ibid § 7. he may summon a jury of twelve persons on the Insanity; jury list, to be drawn by the clerk, who shall be pended. sworn by the sheriff well and truly to inquire into the insanity of the defendant and a true inquisition return, and they shall examine the defendant and hear any evidence that may be presented, and by written inquisition, signed by each of them, find as to the insanity, and unless the inquisition find the defendant insane the sheriff shall not suspend the execution. But if the inquisition find the defendant insane he shall suspend the execution and immediately transmit the inquisition to the governor.

* This act will be found in McClain's Statutes, Vol. II, page 972.

KANSAS.

GOVERNMENT OF ASYLUM.

1. Insane asylums to be fostered and supported by the state; trustees, how appointed.

2. Control of, by board of trustees. 3. Board of trustees; appointment, term of office.

4. Government vested in said board. 5. Trustees, powers of; to appoint superintendent, adopt regulations for admission, transfer patients. 6. Officers, enumeration of; appointment, term of office.

7. Superintendent, powers and duties; control of asylum, estimates and inventories, statistics.

8. Clothing to be furnished patients. 9. List of articles destroyed, inspection by board of survey.

10. Records of asylum.

11. Account books and records. 12. Steward, bond of.

13. Steward, powers and duties; purchase, form of bills and audit.

14. Abstract of expenditures; inventories, reports

15. Shortage, committee of investigation; steward charged with. 16. Inspection of inventories and returns; contracts.

17. Finance committee of trustees. 18. Treasurer's abstracts; warrant of auditor.

19. Salaries, monthly payment of.

ADMISSION AND DISCHARGE.

20. Investigation of insanity, by probate court; jury trial.

21. Special term of court, if information filed in vacation.

22. Appearance of defendant in discretion of judge.

23. Application to probate court.

24. Trial, verdict of jury, form of; commitment, guardian appointed. 25. Costs, by whom paid, on commit

ment.

26. Costs, by whom paid, on discharge. 27. New trial in discretion of court. 28. Guardian, bond and security of. 29. Additional bond may be required. 30. Bond deposited with court. 31. Notice of guardianship.

32. Support; provided by guardian. 33. Support, estate liable for. 34. Temporary confinement, examination, commitment.

35. Powers of court in such cases. 36. Costs, by whom paid.

37. Reimbursement to county.

38. Custodian to be guardian ad litem. 39. Application by probate judge. 40. Warrant of commitment. 41. Support; expenses of, by whom borne, certificate of indigence. 42. Private patients, regulations for admission.

43. Support of, obligation for. 44. Interrogatories of superintendent. 45. Removal and discharge, by whom; idiots and others not admitted. 46. Discharge, regulations for. 47. Discharge, expenses of. 48. Penalties for neglect of duties. 49. Expenses of patients supported out of asylum; statement of. 50. Reimbursement of such expenses. 51. Appropriations for, by state. 52. Warrants for, how drawn.

CRIMINAL INSANE.

53. Insane convicts, inquisition of insanity, commitment; on recovery remanded to custody.

54. Criminals sentenced to death, stay of execution, trial of insanity.

1. Institutions for the benefit of the insane, blind, and deaf Comp. Laws and dumb, and such other benevolent institutions

of 1879.

C. F. W.

Dassler, § 186, as the public good may require, shall be fostered

const., art. 7, and supported by the state, subject to such regula

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tions as may be prescribed by law. Trustees of Benevolent such benevolent institutions as may be hereafter institutions. created shall be appointed by the governor, by and with the advice and consent of the senate; and upon all nominations made by the governor, the question shall be taken in yeas and nays, and entered upon the journal.

$5451.

Board of

2. The asylum for the blind, the asylum for the deaf and dumb, and the asylum for the insane, shall be directed and controlled by a board of trustees consist- trustees. ing of five persons, who shall be appointed by the governor, by and with the advice of the senate.

§ 5452.

3. The governor shall appoint, in the year eighteen hundred and seventy-six, five persons as trustees of the asylums for the blind, deaf and dumb, and insane; Appointment. of whom two shall hold their offices for one year, ending April one, eighteen hundred and seventy-seven; two for two years, ending April one, eighteen hundred and seventy-eight; and one for three years, ending April one, eighteen hundred and seventy-nine; and their successors shall each and all hold their positions for the term of three years, the terms ending April one of the succeeding years.

Government

of vested in

board of trustees.

$436.
as amended
1881, ch. 36,

4. The government of the insane asylums of the state shall be vested in the board of trustees of the institutions § 435. for the education of the blind, the deaf and dumb, and the asylums for the insane. 5. The board of trustees shall designate the superintendent of one of the insane asylums, to whom all applications for the admission of insane persons shall be made, and who, under such rules as may be made by the board of trustees, shall designate to which asylum each applicant shall be admitted; and the board of trustees shall adopt such regulations as will enable the superintendent so designated to determine to which asylum each applicant shall be admitted; provided, the board of trustees may order the transfer of patients from one asylum to another, when deemed advisable.

Applications

for admission made to

of insane persons

designated superintend't.

6. Each insane asylum shall have a superintendent, an assistant superintendent, steward and matron, who § 437. shall be chosen by the board of trustees, and shall hold their office for the term of three years, subject

Officers, by

whom apterms.

pointed, and

to removal only for sufficient cause, which shall be determined by a full investigation by the board of trustees.

$438

Superintend

ical and exec

7. The superintendent shall be the executive and medical officer of the asylum, and shall have control of all ent to be med- the affairs thereof, subject to the direction of the utive officer. board of trustees. He shall semi-annually, and oftener if required, submit to the trustees an estimate of the supplies needed by the asylum [for] the six months ensuing, and therewith shall deliver an inventory of all supplies, stock, furniture, and other property of the asylum. He shall present to the finance committee of the said board of trustees, monthly, an estimate of all articles required for the ensuing month which have not been included in the contract for the purchase of supplies, and when approved shall transmit the same to the steward. No other purchases shall be ordered except upon an unforseen emergency. He shall make to the board of trustees. at least semi-annual reports showing the movement made. of the population and the operations of the asylum during the period embraced therein; and at the close of the biennial period, he shall report in detail the condition of the asylum, and all of its concerns, with a list of the salaried officers and employes, and their salaries, and shall accompany said reports with all returns of property and reports of the steward and other officers. The superintendent shall make such recommendations in his report as he may deem requisite to the welfare of the institution.

Reports, when

§ 439. Clothing is sued to patients, when.

8. Whenever necessary, the superintendent shall cause clothing to be issued to patients in the asylum. All issues to indigent persons shall be charged to the state; all other issues shall be charged to the parent or guardian of the person to whom the issue shall be made, and the account therefor shall be forwarded with the account for board.

$ 440.
List of arti-

9. A list of articles destroyed in each ward or department during the week shall be made by the supervisor of cles destroyed the wards to the superintendent, who shall cause it to be kept. to be entered in a book kept for that purpose. The injured or damaged articles shall be kept until inspected. The trustees, at least semi-annually, shall designate a board of survey, who shall proceed to inspect said articles, and if found to

be unfit for further use, condemn them, when they will be dropped from the property account. The board of survey shall state in their report by whom the damage was done, and whether it was from carelessness or neglect on the part of the attendants or persons responsible therefor.

Abstract of all

correspondkept.

ence to be

$442.

Certain ac

count books to tain what.

be kept; con

10. A full abstract of all correspondence relating to the admission of patients, their treatment, and all other § 441. matters of an official nature, and the replies thereto, shall be kept by the superintendent. He shall also cause to be kept a complete record of each case and the treatment thereof, a prescription book, with the date when it was compounded and administered, and such other records as may be necessary to give the board and the public a full knowledge of all the transactions and business of the medical department. . 11. A set of account books shall be kept under the direction of the superintendent, that shall be adapted to the wants of the asylum, and shall exhibit in detail every financial transaction thereof. The clerks shall also keep the following books, viz.: a requisition book, in which shall be entered a true copy of every requisition which has been approved by the superintendent; a daily abstract of all supplies on hand and of the issues; of the issues of clothing, witnessed by an attendant having charge of the patient or patients to whom the issue is made; a record of contracts with the employes of the asylum, which shall show the beginning and terms of the contract, and be signed by the party employed, and opposite the name by whom recommended, the occupation, when left, and the cause; an absence record, in which shall be entered a statement of the absences of the officers and employes, and by what authority; also, a time book, in which shall be kept the time of every officer and employe; a record, in which shall be entered by wards and departments a list of all property injured and damaged, and by whom; an account between the laundry and the respective wards, and such other books of account as may be necessary.

§ 443.

Steward exe

cute bond.

12. Before entering upon his duties, the steward shall execute a bond to the state of Kansas, with three or more sureties, to be approved by the governor, in double the amount of the property and money which shall be likely to come into his possession during any month, which

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