exempt from taxation. § 4697. Insanity to be a special plea; if found, de fendant to be discharged if nify the state of Wisconsin, and all parts thereof, against loss in case any such patient shall become a pauper in this state, which bonds shall be filed in the office of the secretary of state. 103.* The real and personal property of every corporation formed under this act for the care, treatment or re- sub. § 10. lief of insane or feeble-minded persons, used exclu- Property to be sively for the care, treatment or relief of such persons, shall be exempt from taxation so long as the same shall continue to be so used; provided, that preference shall be given. to the admission as patients, if residents of this state. 104.* When any person is indicted or informed against for any offense, and such person or counsel in his behalf shall, at the time and before the commencement of the trial, claim or pretend that such person, at the time of the commission of such alleged recovered. offense, was insane, and for that reason not responsible for his acts, the court shall order a special plea, setting up and alleging such insanity, to be filed on his behalf with the plea of not guilty; and the special issue thereby made shall first be tried by the jury selected and sworn to try said cause; and if such jury shall find upon such special issue that such accused person was so insane, or that there is reasonable doubt of his sanity at the time of the commission of such alleged offense, they shall also find him not guilty of such offense for that reason, and when such insanity is found the jury shall also find whether such accused person has recovered from such insanity and is of sound mind at the time of such trial; and if they find that he has so recovered and is of sound mind, then such accused person shall be discharged and go at large. If the jury shall be unable to agree upon a verdict on the trial of such special issue, the court shall for that reason discharge them from the further consideration of such special issue as such, and unless such special plea be withdrawn by such accused person or counsel in his behalf, the court shall forthwith order the trial upon the plea of not guilty to proceed, and the question of insanity involved in such special issue shall be tried and determined by the jury with the plea of not guilty. If on the trial of such special issue with the plea of not guilty, the jury find such accused not guilty for the reason that he was insane at the time of the commission of the alleged offense, they shall also find whether such accused person has recovered from such insanity and is of sound mind at the time of such trial; and if the jury find that he has so recovered and is of sound mind, then such accused person shall be discharged and go at large. The presumption of such accused person's sanity, at the time of the commission of such alleged offense, shall prevail and be sufficient proof thereof on the trial of such special issue, whether the same be tried alone or with the plea of not guilty, unless the evidence produced on such trial shall create in the minds of the jury a reasonable doubt of the sanity of such accused person at the time of the commission of such alleged offense. § 4698. How defend of if still insane. 105. If the jury, upon the trial of such special issue, as is mentioned in the next preceding section, shall find ant disposed that such accused person was insane, at the time of the commission of such alleged offense and shall, also, find that he is still insane, then the court shall order such insane person to be confined in one of the state hospitals for the insane; and, the superintendent of such hospital, shall receive such insane person, upon such order, and confine, and treat him, in such hospital, as other insane persons are kept and treated, or discharged, therein; and, the expense thereof, shall be borne by, and be a proper charge against the county, in which such insane person was indicted or informed against, for such offense; and such county may be reimbursed therefor, out of the estate or property of such insane person. 106. If upon the trial of such special issue as is mentioned § 4699. ant tried, if found not insane on special plea. and referred to in the two next preceding sections, the jury shall find that such accused person was not insane at the time of the commission of such alleged offense, then, his trial upon the plea of not guilty shall at once proceed before the same jury; and the finding of the jury upon such special issue, shall be final and conclusive upon the question of his insanity at the time when the alleged offense was committed; and no other plea or evidence thereon shall be allowed upon such trial, and the jury shall not again consider any matter embraced in such special issue, in determining the guilt or innocence of such accused person; and in no case, and at no time in the trial of such accused person, shall the question of the insanity of such person, at the time of the commission of such alleged offense, be considered or determined by the jury, otherwise than upon such special plea, setting up and alleging the same. ac and defend $ 4700. insane at time of trial, aud how inquired into. 107. When any person is indicted or informed against for any offense, if the court shall be informed, in any manner, that there is a probability that such cused person is, at the time of his trial, insane, thereby incapacitated to act for himself, the court shall, in a summary manner, make inquisition thereof, by a jury or otherwise, as it deems most proper; and if it shall be thereby determined, that such accused person is so insane, his trial for such offense shall be postponed indefinitely, and the court shall thereupon order that he be confined in one of the state hospitals for the insane, and the superintendent of such hospital shall receive such insane person upon such order, and confine and treat him in such hospital as other insane persons are kept and treated therein, and upon the recovery of such person from his insanity, the said superintendent shall notify the sheriff of the county in which such indictment or information shall be pending, of such recovery, and said sheriff shall thereupon take such accused person into his custody, and he shall be committed to the county jail of said county, or held to bail for his appearance at the next succeeding term of said court, for trial for such offense; but in case it shall be determined by the proper authorities of said hospital, that the insanity of such accused person is incurable, he shall then be treated and disposed of as other cases of incurable insanity, according to law. § 4944 Proceedings when convict becomes 108. Whenever it shall appear to the satisfaction of the governor, by the representation of the warden and directors of the state prison, that any person confined therein, in pursuance of a sentence of any court within this state, has become insane during such imprisonment, and is still insane, it shall be lawful for the governor to make inquiry thereof, and if he shall determine that such person has become, and is so insane, to make an order that such insane person be taken from said prison, and be confined and treated in one of the state hospitals for the insane, and upon his recovery from such insanity, if before the expiration. of his sentence, that he be returned to said state prison, and it shall be the duty of the warden of said prison to deliver such insane person to the superintendent of such hospital, and such superintendent shall receive such person into such hospital, upon the presentation of such order and in obedience thereto; and the expenses of the same, when approved by the governor, shall be audited by the secretary of state and paid, upon his warrant, out of the state treasury. § 604 n, sub. § 9. Insane con victs may be Milwaukee asylum. 109.* With the advice and approval of the governor, the state board of charities and reform may contract, at a price not exceeding four dollars and twenty-five transferred to cents per week, with the trustees of the Milwaukee county asylum for the insane, for the care and maintenance of convicts now insane, or who may hereafter become insane, or for the care and maintenance of any person who may be acquitted of any criminal charge on the ground of insanity; and when any such persons shall have been transferred to such asylum, they shall be maintained and cared for under such rules and regulations as the state board of charities and reform may prescribe. But in case any such person, transferred to said asylum, after conviction, from any prison in this state, shall become sane, said person shall be returned to the prison from which he he was transferred to said asylum, and be subject to the same conditions of his original commitment to said prison, time excepted, as if he had not been transferred to said asylum. WYOMING. SUPERVISION AND CARE OF INSANE. 1. Inquest of insanity, information. 2. Information in vacation of court. 3. Power of probate court. 4. Application by judge. 5. Appointment of guardian. 6. Cost of investigation, how paid. 7. Costs, when proceedings dismissed. 8. New trial; two verdicts conclusive. 9. Inquiry into sanity, proceedings. 10. Discharge; accounts of guardian. 11. Dangerous insane, temporary confinement. 12. Order of confinement. 13. Expenses of temporary confinement. 14. Reimbursement of county. 16. Expenses of transfer, warrant. CRIMINAL INSANE. 20. Non-accountability to law. 22. Insane under sentence of death, ex- 23. Proceedings, stay of execution. 24. Finding transmitted to governor. Compiled ch. 79, $1 Laws of 1876, When inform ation given. bid $2. Information may also be tion. given in vaca 1. If information in writing be given to the probate judge, that any person in the county is an idiot, lunatic, or person of unsound mind, or an habitual drunkard, and incapable of managing [his or her affairs], and praying that an inquiry thereinto be had, the court, if satisfied that there is good cause for the exercise of its jurisdiction, shall cause the facts to be inquired into by a jury. 2. Such information may also be given in the vacation of said court, to the judge thereof, in which event he shall call a special term of the court for the purpose of holding an inquiry, whether the person mentioned in such information be of unsound mind, *** or not. 3. In proceedings under this act, the probate court may, in its discretion, cause the person alleged to be of unsound mind, * * *to be brought before the court. 4. Whenever any judge of the probate court, justice of the peace, sheriff, coroner, or constable, shall discover any person resident of his county, to be of unsound mind, *** (as in the first section of this act men- court. tioned) it shall be his duty to make application to the probate court for the exercise of its jurisdiction, and thereupon the like proceedings shall be had, as in the case of information by unofficial persons. Ibid § 3. Probate court's power. Ibid § 4. application to When to make probate Ibid § 5. 5. If it be found by the jury that the subject of inquiry is of unsound mind, * * * and incapable of managing his or her affairs, the court shall appoint a shall appoint guardian of the person and estate of such person. When court guardian. |