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Tit.8, ch. 5, § 9.
Discharge.

Tit. 20, ch. 13, part 4, 84, as

amended by act of '81, ch. 19, § 1.

Insane convicts, how

disposed of.

Overseer of such person.

Expenses of

his support.

insane may discharge persons placed therein, at their pleasure.

27. Any superior court, city court, or police court in this state, before which any person shall be tried on any criminal charge, and acquitted on the ground of insanity or dementia, may order such person to be confined in the Connecticut hospital for the insane for such time as such court shall direct, unless some person shall undertake before said court, and give bond to the state, conditioned to confine such person in such manner as such court shall order; and said court shall appoint an overseer to such person, if he have any estate, with the same powers and duties as conservators appointed by courts of probate, such overseer giving suitable bonds to the state, conditioned for the faithful performance of his trust; and if such person have no estate, and belongs to any town in this state, the expense of his confinement, support and treatment shall be paid by such town and the state, in the same manner as is by law provided in the case of pauper patients committed by courts of probate; and if such person have no estate and does not belong to any town in this state such expense shall be paid by the state. 28. The superior court of the county in which any person may be confined, who shall have been at any time heretofore tried on any criminal charge, and acquitted on the ground of insanity or dementia, may order him, or her, to be confined in the sanity may be Connecticut hospital for the insane, upon the same conditions, and under the same restrictions, as are herein before provided in the section to which this act is an amendment, in the case of persons who may hereafter be tried on any criminal charge, and acquitted on the ground of insanity or dementia.

Act of 1875,

ch. 43, in addition to § 4, supra, pl. 27. Criminals heretofore acquitted on ground of in

ordered to be

confined in

Conn. hosp. for insane.

Act of 1882, ch. 146, § 1.

29. Any person who has been tried on any criminal charge and acquitted on the ground of insanity or deDischarge of mentia, and confined in the Connecticut hospital for the insane, may petition, or the officers of said institution may petition, the superior court of the county in which he is confined for his enlargement, and the petition shall be served like civil process on the selectmen

insane criminals from asylum.

of the town to which he belongs, and said court shall make such order as to his disposal as it shall deem proper, and the state's attorney for such county shall appear and oppose such application, and if such person so confined shall be unable to defray the expenses of said petition, the court before which the same is heard may tax the expenses of such petition against the state as in criminal cases.

§ 1.

insane or idiotic prisoners

a

30. Whenever any jailor or county commissioner shall be of the opinion that any person confined in jail Act '83, ch. 56, upon the commitment of a justice of the peace, Examination in any cause within the final jurisdiction of such of supposed justice, is insane or an idiot, it shall be the duty of committed by the county commissioners to appoint some reputable justice. physician to make an examination of such prisoner, and if such physician shall be of the opinion that such prisoner is insane or an idiot, he shall make and sign a certificate to that effect, and deliver the same to said commissioners. 31. Said commissioners, on the receipt of such certificate, may give notice in writing to the selectmen of the town where said prisoner belongs, that he has been found to be insane or an idiot and transmit to

Ibid § 2.

Disposal of

such insane

or idiotic

prisoner.

them a copy of such certificate, and said selectmen shall thereupon forthwith remove such prisoner from the jail and provide for him in some suitable place.

DAKOTA.

GOVERNMENT OF YANKTON ASYLUM.

1. Establishment.

2. Board of trustees, appointment, term of office.

3. Their compensation.

4. Officers of, records and reports.
5. Number of copies printed.
6. Annual and special meetings.

7. Board of trustees, powers and duties; superintendent, qualifications; assistants; salaries.

8. Seal of the asylum.

9. Land may be held by trustees. 10. Additional buildings, power to construct.

11. Interest in contracts forbidden. 12. Trustees not eligible to other offices. 13. Inspection of asylum. 14. Supplies to be advertised for. 15. Superintendent, powers and duties; appointment of employes. 16. Steward, bond, shall draw warrants. 17. Accounts of, control of ground. 18. Purchase of supplies and care of

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37. Special care at expense of relatives. 38. Care of insane when asylum is filled. 39. Care of insane out of asylum. 40. Inquiry into condition of insane out of asylum.

41. Restraint of insane to be under authority of law.

42. Cruelty to insane, penalty for. 43. Transfer of insane to asylum. 44. Interrogatories to be answered. 45. Preferences, when given. 46. Petition for discharge; appointment, investigation, and finding of commission; order of judge. 47. New commission granted in six months.

48. Habeas corpus, when granted. 49. Escape from asylum, proceedings

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ch. 23, § 1.

1. The Dakota Hospital for the Insane, until otherwise provided by law, is hereby established on the southeast Act of 1879, quarter of section No. thirty-six (36), in township Established. No. ninety-four (94), north of range No. fifty-six (56), west, in the county of Yankton, near the city of Yankton.

Act of 1881, ch. 83, $1 Appointment of trustees.

2. The governor, by and with the consent of the council, shall appoint five persons, residents of this territory, at least three of whom shall be residents of Yankton county, to be called and known as the Board of Trustees of the Dakota Hospital for the Insane, three of whom shall hold their office for two years and two for four years, and until their successors are appointed and qualified, except to fill vacancies, which shall only extend to the end of the next session of the legislature. In case of any vacancy occasioned by the removal from the territory by such trustee, or death, resignation or non-acceptance of the office, the governor shall immediately fill such vacancy, and unless the person so appointed shall accept the office within twenty days the governor shall immediately thereafter appoint some other person, and each of said members of the said board shall before entering upon the duties of his office, take and subscribe the oath of office required by law, which oath shall be filed with the governor of the territory.

Ibid $ 2.

Compensation

3. The trustees shall be paid at the rate of three dollars per day for the time necessarily incurred in the discharge of their official duties, and five cents per of trustees. mile going and returning, necessarily traveled in the discharge of said duties. Upon the presentation of the proper vouchers, containing an itemized statement of the sum due each trustee for services rendered, and for mileage, duly signed by the president of the board of trustees and countersigned by the secretary of the said board, the territorial auditor shall draw his warrant upon the territorial treasurer therefor, to be paid out of the territorial treasury.

Ibid § 3.
Officers the

4. The trustees shall elect a president and secretary from their own number, whose term of office shall be for one year, or until said board shall elect their suc- cers of cessors. They shall make a record of their proceedings at all meetings in a book kept for that purpose; and at their annual meetings next preceding the regular sessions of

duties.

the legislature, they shall make a report to the governor of the condition and wants of the hospital, which shall be accompanied by a full and accurate report of the superintendent, which shall show the annual cost per capita of the inmates, and the per cent. of discharges and recoveries, and a detailed account of all moneys received and paid out by the steward, and shall have not less than five hundred copies of said report printed.

Act of 1881,

p. 199.

What resolu

5. Resolved, That there be ordered printed for the use of the members of this legislative body, the council ch. 25, res. 1., concurring, 500 copies of the report of the trustees resolu- and wardens of the insane asylum and 500 copies printed. of each of the reports of the territorial auditor and territorial treasurer, and that the same be paid for out of appropriation for printing.

tions to be

Act of 1881, ch. 83, §4.

Fiscal year and annual meeting.

Ibid § 5.
Trustees

to appoint offi-
cers, adopt
rules, and fix
salaries.

6. The fiscal year of the hospital shall close on the thirtieth day of November each year, and the annual meetings of the board of trustees shall be on the first Wednesday of December thereafter at the hospital. Special meetings for the appointment or removal of resident officers, or for the transaction of general business, may be held in any convenient place, upon the written request of the president or any three members of the board; three members of the board shall constitute a quorum for the transaction of business. 7. The board of trustees shall have the general control and management of the hospital; shall make all by-laws, rules and regulations necessary for the government of the same, not inconsistent with the laws of the territory; they shall appoint a superintendent, who shall be a physician of acknowledged skill and ability, a graduate of a reputable regular medical college and of unimpeachable moral character; one or more assistant physicians when they shall deem such appointment necessary, a steward and a matron, all of whom shall be styled the resident officers of the hospital and shall reside therein, and shall be governed by the laws and by-laws established by the same. Said board shall fix from time to time the compensation of the employes of the hospital, and certify the same to the territorial auditor; the salaries of the resident officers of the "Dakota Hospital for the Insane" shall be per annum as follows: superintendent, $1500;

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