$ 7241. on verdict of such jury. dict be set aside, another jury shall be empaneled to try the question; if the jury find the accused to be Proceedings sane, and no trial has been had on the indictment, a trial shall be had thereon as if the question had not been tried; if the jury find him to be not sane, that fact shall be certified by the clerk to the probate judge, and the accused shall, until restored to reason, be dealt with by such judge as upon inquest had; if he be discharged, the bond given for his support and safe keeping shall contain a condition that he shall, when restored to reason, answer to the offense charged in the indictment, or of which he has been convicted, at the next term of the court thereafter, and abide the order of the court; and such lunatic, when restored to reason, may be prosecuted for an offense committed by him previous to such insanity, or sentenced on a conviction had previous thereto. Proceedings when accused is acquitted on the sole ground of 101. When a person tried upon an indictment for an offense is acquitted on the sole ground that he was insane § 7242. that fact shall be found by the jury in the verdict, and it shall be certified by the clerk to the probate judge; and the defendant shall not be discharged, insanity. but forthwith delivered to the probate judge, to be proceeded against upon the charge of lunacy, and the verdict shall be prima facie evidence of his insanity. Proceedings when accused is restored to 102. When a lunatic confined in an asylum or an infirmary, under the provisions of section seventy-one hundred § 7243. and sixty-six or section seventy-two hundred and forty, is restored to reason, the superintendent hav- reason. ing him in charge shall notify the prosecuting attorney of the proper county of the fact, who shall, within a reasonable time, cause the clerk of the court to issue a capias, upon which the accused may be arrested and committed to the jail of the county, to answer the offense charged against him; and in default of such capias, the superintendent shall discharge him. 103. If a convict sentenced to death appear to be insane, the sheriff shall forthwith give notice thereof to a judge of the court of common pleas of the judicial district, and shall summon a jury of twelve impartial men had. $7345. If convict ap pear insane, inquest to be to inquire into such insanity, at a time and place to be fixed by the judge, and shall give immediate notice thereof to the prosecuting attorney. § 7346. Proceedings on the inquest. 104. The judge, clerk of the court, and prosecuting attorney shall attend the inquiry; witnesses may be produced and examined before the jury; the finding shall be in writing, signed by the jury; if it be found that the convict is insane, the judge shall suspend the execution, until the sheriff receives a warrant from the governor direct ing the same; and the finding of the jury and order of the judge, certified by the judge, shall be entered on the journal of the court by the clerk. § 7347. When convict 105. The sheriff shall immediately transmit a certified copy of such finding to the governor, who may, as soon restored, gov as he is convinced that the convict has become of sound mind, issue a warrant appointing a time for ernor to order execution. his execution. 7428. nacy on con vict. 106. When a convict becomes insane the warden shall give notice to the physician for the prison, and the supernquest on la intendent of the Columbus asylum for the insane, who, upon the receipt of such notice, shall forthwith examine such convict, and if upon such examination they are of opinion that the convict is insane, they shall certify the same to the warden, who shall forthwith put such lunatic or insane convict in the department prepared for that purpose. $7429. Restored convict to be returned to labor. 107. The physician, together with the superintendent of the asylum, shall give such medical and surgical aid to the lunatic or insane convicts as the nature of their cases require; and whenever any lunatic or insane convict is adjudged to be restored to his proper mind, or so far restored that it is considered safe to put him at labor under his sentence, and it is so certified by the physician and superintendent, the warden shall again put him at hard labor according to his sentence. § 7430. When con expiration of sentence. 108. If a convict be insane at the time of the expiration of his sentence, the warden shall give notice, in writing, victs insane at to the probate judge of the county from which he was sent, of the fact of such insanity, and such judge shall forthwith issue his warrant to the sheriff of such county commanding him to remove such insane convict, and return him to such county; upon receipt of such warrant the sheriff shall execute the same forthwith, and make return thereof to the probate judge by whom it was issued, and thereupon the probate judge shall immediately order such insane person to be confined, or otherwise disposed of and provided for, as directed by law; and the sheriff shall receive the same compensation as for transferring a prisoner to the penitentiary, and the auditor of the county shall draw an order upon the county treasurer for the amount; if any probate judge, after having been so notified by the warden, neglect to issue his warrant, as herein provided, or if any sheriff neglect to remove such insane convict, as required by the provisions of this section, the warden shall cause such insane convict to be removed, and returned to the county from which he was sent, in charge of an officer of the penitentiary, or some other suitable person; and the cost of such removal shall be paid out of the county treasury, upon the warrant of the county auditor. § 91. who becomes insane. 109. If a convict, at any time before the full execution of the sentence, be represented to the governor to be insane, the governor shall inquire into the facts, and As to a conviet if, in his opinion, they require the exercise of executive clemency, he may, without notice, pardon the convict, or commute the sentence, or suspend its execution for a definite time, or, from time to time, as he may deem proper; and the governor, in case of commutation or suspension may, by his warrant to the proper officer, order the convict to be confined in the penitentiary or [a] jail or conveyed to an asylum for insane for treatment. If the sentence be suspended and the convict recover his reason, the sentence, so far as not before executed, shall, at the termination of the suspension, be fully executed. OREGON. GOVERNMENT OF ASYLUM. 1. Board of trustees, title; may hold property in trust, powers and duties, records. 2. Superintendent and officers, appointment; bond of superintendent; salaries, duties. 3. Trustees to receive no compensation. 4. Private secretary of governor, ex officio secretary. 5. Superintendent, powers and duties, 6. Accounts of superintendent. rectors. Act of 1882, p. 23, § 1. tees estab ADMISSION AND DISCHARGE. 9. Applications for admission, physi cian's certificate, commitment, proceedings. 10. Proceedings to be recorded; warrant; commitment to asylum or care of friends, expenses borne by state, limit of; fees for examination. CRIMINAL INSANE. 11. Insane convicts, investigation of insanity, transfer to asylum. 12. Fact of insanity to be stated in verdict of acquittal, commitment. 13. Fact of insanity, degree of proof. 1. There is hereby created a board of trustees, consisting of the governor, who shall be president of the board, Board of trus- the secretary of state and state treasurer. The board lished. of trustees, created under the provisions of this act, shall be known by the name and style of the "Board of Trustees of the Oregon State Insane Asylum," and by that name they and their successors shall be known in law, may receive, take and hold property, both real and personal, in trust for the state, and for the use and benefit of said asylum. They shall have power to govern, manage and administer the affairs of the asylum, make and adopt by-laws for their government and the government of the asylum; they shall appoint all officers and employes of said asylum, prescribe their duties, and remove them when in their judgment the good of the public service requires it; they shall cause to be kept a full and correct record of their proceedings, which shall be open at all times to the inspection of any citizen desiring to examine the same; they shall hold stated meetings at the seat of government monthly; a majority of the board shall constitute a quorum to do business; they shall visit the Powers and duties. eral condition asylum once in three (3) months, and keep themselves constantly advised of all items of labor and expense, and the condition of the buildings and the property of the asylum; they shall submit to the legislative assembly, biennially, on or before the fourth day preceding the regular session of the legislature, a report showing the receipts and expen- Report of genditures, the general condition of the asylum, the of asylum to number of patients under treatment during the two legislature. preceding years (up to the first Monday of the month next preceding the meeting of the legislature), and such other matters, touching the general affairs of the asylum, as they deem advisable. be made to Officers. 2. The board of trustees shall appoint a medical superintendent, who shall serve four years, or during good bid § 2. behavior, and on his nomination one or two assistant physicians, and other officers, according to the requirements of the institution, each of whom shall hold office for four years, or during good behavior, and until his successor is appointed and qualified. The superintendent before entering upon the duties of his office shall enter into a bond to the state of Oregon, with four or more good and sufficient sureties, to be approved by the board, in the sum of ten thousand dollars, conditioned that he shall faithfully discharge his duties as such officer, which bond shall be filed in the office of the secretary of state. The salary of the superintendent shall be twenty-five hundred (2,500) dollars per annum, and Compensation. that of the first assistant eighteen hundred (1,800) dollars per annum, and that of the second assistant twelve hundred (1,200) dollars per annum, and each of them shall be furnished room, household furniture, provisions, fuel and light, at, and from the supplies of the asylum. The superintendent shall reside at the asylum, shall be a well educated physician, a regular graduate in medicine, and shall have prac- qualifications. ticed at least five years from date of diploma. All the assistant physicians shall reside at the asylum and shall be regular graduates in medicine. The superintendent, chief and assistant physicians, and all other officers and employes in and about said asylum shall be subject to removal by the board of trustees at any time for cause. The superintendent and assistant physicians shall give their entire time and attention to Duties and |