cents for each notice or process given or issued under seal as herein required. The examining physician shall be entitled to five dollars for each case examined, and mileage at the rate of ten cents per mile each way. The sheriff shall be allowed for his personal service in conveying a patient to the hospital and returning therefrom, at the rate of three dollars per day for the time necessarily and actually employed, and mileage the same as is allowed in other cases, and for other service the same fees as for like services in other cases. Witnesses shall be entitled to the same fees as witnesses in the district court. The compensation and expenses provided for above shall be allowed and paid out of the county treasury in the usual manner. Whenever the commissioners of insanity issue their warrant for the admission of a person to the hospital, and funds to pay the expenses thereof are needed in advance, they shall estimate the probable expense of conveying such person to the hospital, including the necessary assistance, and not including the compensation allowed the sheriff; and on such estimate, certified by the clerk of commissioners of insanity, the county clerk shall issue his order on the treasurer of the county in favor of the sheriff or other person entrusted with the execution of such warrant; the sheriff or other person executing such warrant shall accompany his return with a statement of the expenses incurred; and the excess or deficiency may be deducted from or added to his compensation as the case may be; if funds are not so advanced, such expenses shall be certified and paid in the manner above prescribed, on the return of the warrant. When the commissioners of insanity order the return of a patient, compensation and expenses shall be in like manner allowed. 65. Any officer required as herein to perform any act, as herein provided, and any person accepting an appointment under the provisions of this act, and wilfully refusing or neglecting to perform his duty as herein prescribed, shall be guilty of a misdemeanor, besides being liable to an action for damages. Ibid § 51. Penalty for neglect of duty. 66. The warrant of the commissioners of insanity, authoriz ing the admission of any person to the hospital as a patient, accompanied by a physician's certificate as herein provided, shall operate to shield the superintendent and Ibid $ 52. other officers of the hospital against all liability to prosecution of any kind, on account of the reception and detention of such persons in the hospital; provided, such detention shall be otherwise, in accordance with the laws and by-laws regulating its management. Definition of 67. The term "insane" as used in this act includes every species of insanity or mental derangement. The bid $54 term "idiot" is restricted to persons supposed to be "insane." naturally without mind; no idiot shall hereafter be admitted into the hospital for the insane; and all such idiots now in said hospital shall be discharged at the expiration of thirty days from the passage of this act, and it is hereby made the duty of the board of trustees to notify the commissioners of insanity of the county from which such idiots were sent, to remove said idiots from the hospital; and in case of neglect or refusal to comply with these provisions within thirty (30) days from the date of said notification, the superintendent shall cause said idiots to be returned to said counties at the expense of said county-which sum shall be collected in the same manner as provided for patients in section forty-seven of this act. When such idiots are removed they shall be provided for in the same manner as other poor. Blanks. 68. The trustees of the hospital shall provide for furnishing the commissioners of insanity, of the counties en- bid § 55. titled to send patients to the hospital, with such blanks for warrants, certificates, etc., as will enable them with regularity and facility to comply with the provisions of the law, and also with copies of the by-laws of the hospital when printed. Insane from 69. Insane persons may be admitted from other states and territories upon equal footing and on same condi- Ibid § 57. tions as private pay patients. The sum to be paid other states. monthly for the care, maintenance and treatment of such patients to be fixed from time to time by the board of trustees, and to be collected quarterly in advance by the steward of the hospital and accounted for as other funds in his hands belonging to the state of Nebraska. 70. Henceforth there shall be no censorship exercised over the correspondence of inmates of the hospital for the insane in this state, but their postoffice rights Act of 183, ch. 49, § 1. ence of in mates of insane hospitals. shall be as free and unrestrained as are those of any resident or citizen of this state, and be under the protection of the same postal laws. And every inmate shall be allowed to write when and whenever he or she desires to any person he or she may choose. And it is hereby made the duty of the superintendent to furnish each and every inmate of each and every insane asylum in this state with suitable material, at the expense of the state, for writing, inclosing, sealing, stamping, and mailing letters, sufficient for writing at least one letter a week, provided they request the same, unless they are otherwise furnished with such material; and all such letters shall be dropped by the writers thereof, accompanied by an attendant when necessary, into a post office box, provided by the state at the hospital for the insane, and kept in some place easy of access to all the patients; and the contents of such post office box or boxes shall be collected once every week by the authorized person and by him placed into the hands of the United States mail for delivery. And it is hereby made the duty of the superintendent of every hospital for the insane in the state, either public or private, to deliver or cause to be delivered to said person any letter or writing to him or her directed, without opening or reading the same, or allowing it to be opened or read, without consent of the recipient of such letter, or the request or consent of the writer. Ibid § 2. Penalty for 71. Any person refusing or neglecting to comply with, or wilfully and knowingly violating any of the proviolation. visions of this act, shall, upon conviction thereof, be punished by imprisonment in the penitentiary for a term not exceeding three years nor less than six months, or by a fine not exceeding $500, or both, at the discretion of the court, and by ineligibility to any office in the asylum afterwards. 72. A printed copy of this act shall be framed and kept posted in every ward of every hospital for the insane, both public and private, in the state of Ibid § 3. Copy to be posted in each ward, etc. Nebraska. 73. A person that becomes lunatic or insane after the comPart 3, § 454. mission of a crime or misdemeanor, ought not to Accused in- be tried for the offense during the continuance of the lunacy or insanity. If, after verdict of guilty, and before judgment pronounced, such person become lunatic sane not to be tried. or insane, then no judgment shall be given while such lunacy or insanity shall continue. And if, after judg- If after ver dict of guilty. ment and before execution of the sentence, such person shall become lunatic or insane, then in case the punishment be capital, the execution thereof shall be stayed until the recovery of said person from the insanity or lunacy. In all such cases it shall be the duty of the court to impanel a jury to try the question, whether the accused be, at the time of impaneling, insane or lunatic. Ibid § 553. Insane convict, trial of 74. If any convict sentenced to the punishment of death shall appear to be insane, the sheriff shall forthwith give notice thereof to a judge of the district court of the judicial district, and shall summon a jury of insanity. twelve impartial men to inquire into such insanity, at a time and place to be fixed by the judge, and shall give immediate notice thereof to the district attorney. Inquest in 75. The judge, clerk of court, and district attorney shall attend the inquiry. Witnesses may be produced bid § 554. and examined before the jury. The finding shall such cases. be in writing, signed by the jury. If it be found that the convict is insane, the judge shall suspend the execution of the convict until the sheriff shall receive a warrant from the governor of the state, directing such execution. The finding of the jury and order of the judge, certified by the judge, shall be by the clerk entered on the journal of the court. Ibid § 555. 76. The sheriff shall transmit immediately a certified copy of such finding to the governor, who may, as soon as he shall be convinced that the convict has become of sound mind, issue a warrant appointing a time for his execution. Finding transgovernor. mitted to NEVADA. Act of 1879, 18. Quorum; powers to purchase land for asylum. 19. Expenses of board of commissioners, how borne. 20. Application for commitment, phy- 21. Appropriation for expenses. 24. Transfer of patients from California 26. Support, expenses of, how borne. CRIMINAL INSANE. 28. Insane convict, transfer to asylum. 29. On recovery, remanded to custody; escape from asylum to be treated as escape from prison. 1. The state grounds at Reno are hereby selected as the site for an insane asylum, and such insane asylum is hereby located on said grounds. ch. 130, § 1. Asylum at Reno established. Ibid § 2. 2. The sum of $5,000 is hereby appropriated out of any money in the state treasury not otherwise appropriAppropriation. ated for the purpose of supplying such grounds with water, and improving the site of such location by purchasing and planting trees, and fencing the same, and for the purpose of obtaining plans and specifications for an asylum, to be submitted to the legislature two years hence. Said sum to be expended under the direction of the board of commissioners for the care of the insane; provided, that the commissioners are hereby first instructed to obtain a perfect title to three hun |