Act of 1883, p. 79, § 1. Prisoners to have jury to determine their sanity before trial. 76. If any person indicted for any crime in this state, shall, after his indictment and before his trial on such charge, become insane, and the circuit or criminal court wherein such person stands charged, shall have reason to believe that such person has so become insane, it shall be the duty of such court to suspend all further proceedings against such person under said charge, and to order a jury to be summoned to try and decide the question of the insanity of such person, and said judge shall notify the prosecuting attorney of the pendency of such inquiry. The alleged insane person shall be notified of such proceedings unless the court order such person to be brought before it. Ibid § 2. If insane, to be taken to asylum Expenses, how paid. 77. If upon such inquiry the said jury shall become satisfied that such person has so become insane, they shall so declare in their verdict, and the court shall, by proper warrant to the sheriff, marshal or jailer, order such person to be conveyed to the lunatic asylum and there kept until restored to reason. And such person shall be thereupon disposed of, and the costs and expenses of conveying him to said asylum and of his support and maintenance at said asylum shall be taxed, paid and collected as provided in section 4144 or as provided in section 4145 of the Rev. Stat. as amended. *** Ibid § 3. When restored to 78. When such person shall be restored to reason he shall be returned to the county whence he came, and the proceedings against him shall be continued and be prosecuted, and his trial had as though no such inquiry and proceedings thereon, as herein provided, had been made and had. reason to be tried. Ibid § 4. 79. If upon such inquiry it shall be determined that said person has not so become insane as aforesaid, the If not insane criminal proceedings against him shall be continued and prosecuted, and his trial had in the same manner as though no such inquiry had been made and had. prosecution to continue. MONTANA. CARE OF INSANE. 1. Board of commissioners, appoint ment. 2. Term of office. 3. Oath of office, bond, interest in contracts forbidden. 4. Organization of board. 5. Secretary, duties of; contracts of commissioners. 6. Commissioners to prescribe rules for care of insane; sealed proposals. 7. Commissioners, power to contract. 8. Inspection of insane. 9. To certify quarterly to auditor amounts due contractors. 10. Contractors to provide suitable building for insane, and notify probate court. 11. Inquisition of lunacy proceedings. 14. Commissioners, compensation. 17. Sheriff, fees; audit and payment. 19. Removal of insane from territory, upon authority of governor. R. S. of 1879, div. 5, § 701. missioners to be elected by have direc insane. legislature, to tion over 1. There shall be elected during the present session of the legislative assembly of the territory of Montana, and biennially at each regular session thereof, by the legislative assembly, in joint convention assembled, one commissioner from each of the judicial districts, as the same are or may be established by law in this territory, who shall constitute the board of commissioners for the insane of Montana territory, and who shall exercise the powers and perform the duties hereinafter mentioned. 2. Said commissioners shall hold their offices respectively for the term of two years, and until their suc- Ibid § 702. cessors shall be elected and qualified. Commissioners to hold office for two years. Ibid § 703. Commissioners to take oath and give bond. 3. It shall be the duty of the secretary of the legislative council, immediately, to notify the persons who may be elected under the provisions of this article, of their election, by transmitting to each of them, by the most speedy and reliable means, a copy of the proceedings of such joint convention relating to said election; and the person so elected shall, within ten days after such election, take and subscribe to the following oath: I, A. B., do solemnly swear that I will truly and faithfully discharge the duties of a member of the board of commissioners for the insane of Montana territory; that I will carefully guard against any and all improper expenditures of money in all transactions connected with said board; and that I am not now, and will not be during the continuance of my official term, directly or indirectly interested in any bid or contract made by said board. Who shall give a joint bond in good and sufficient security for the faithful performance of their duty, in the sum of twenty thousand dollars, which oath and bond shall be filed with the secretary of the territory. Ibid § 704. Commissioners to meet and organize. 4. It shall be the duty of the board of commissioners aforesaid, as soon as practicable after taking the oath aforesaid, and within forty days after their election, to meet at any place within the judicial districts they may agree upon, and shall organize by electing one of their number as president, and one of them as secretary, of said board. Ibid § 705. Secretary to ceedings of board; con 5. The secretary shall keep and preserve written minutes of all proceedings of said board, and shall deliver the preserve pro- same to his successor, and each one of said commissioners shall have one vote in determining any quesexecuted. tion or transacting any business by said board, and all contracts of said board shall be executed in the name of the territory of Montana, by the president and secretary of such board. tracts, how 6. The said commissioners shall have the power to prescribe all necessary rules for the proper custody, maintesioners to pre- nance, and treatment of all persons adjudged in Ibid § 706. scribe rules for the cus tody of insane sane, as hereinafter provided, within this territory; and to adver. and it shall be their duty to publish the same, in tise for sealed proposals. viting sealed proposals, within a period of thirty 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. bid § 707. sioners to conlowest bidder maintenance Commis tract with for care and 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. Ibid § 708. missioners to spect insane months. One of com visit and in once in three 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. 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 Ibid § 709. Commissionamount due ers to certify for maintenance of insane to auditor. 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 |