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with the manifest intent of the legislature, or repugnant to the context of the same statute, that is is to say:

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ch. 4. § 1. Rules for con

struing stat

utes.

Sixth. The words "insane person" shall include every idiot, non-compos, lunatic, and distracted person; and the word "spendthrift" shall include every one who is liable to be put under guardianship on account of excessive drinking, gaming, idleness or debauchery.

Ch. 35, § 28.
Establish-

lunacy com

inspection of

34. The governor shall appoint a commission of three doctors, one of whom shall be a member of the state board of health, who shall serve for a period of two ment of a years, or until their successors shall be appointed, mission, for who shall constitute a commission whose duty it hospitals; reshall be to visit the several Minnesota hospitals for ports. the insane at least once every six months of each year, or upon the written request of the governor of the state, and inspect said hospitals as to the sanitary condition and the general management of the same, and also to examine into the mental and physical condition of the patients therein, frequency, manner, and cause of punishment, elopements, deaths, and such other matters as may fall within the scope of a thorough hospital inspection, and report in detail to the governor within ten days after each and every such inspection is made. Said commissioners shall be known and designated as the lunacy commission and shall receive for their said services and expenses the sum of one hundred dollars per annum each; for which the state auditor shall draw his warrant on the state treasurer, payable out of the general fund. 35. Should the said commission find, upon visiting either of the said hospitals, any patient or patients whose insanity they have reason to doubt, said commission shall have the authority to remand such patient or patients to the probate court, from which they were committed respectively, there to be detained a reasonable time, under proper surveillance, to asylum. when, if such judge shall be satisfied of his or her sanity, he or she shall be discharged by order of said court; otherwise he or she shall be recommitted to the hospital for the insane; provided, that said commission shall have no au- Proviso. thority to discharge any patient committed to either of the insane asylums in this state and charged with crime.

bid § 28 a. bate judge to

Power of pro

discharge

patients, on manded by mission; re

being re

lunacy com

commitment

Ibid § 28 b.
Transferred

dumb, deaf

36. It shall further be the duty of said commission to select from the patients of the insane hospitals such idiotic to asylum of and feeble-minded children and youths who, in their opinion, are proper subjects for training and instruction, and transfer the same to the trustees of the asylum for the deaf, dumb, and the blind at Faribault.

and blind.

Ibid § 28 c.
Provision for

feeble-
minded

children.

37. The trustees of the asylum for the deaf, dumb, and the blind are hereby authorized to receive such weakminded and idiotic children and youths as may be sent them under the provisions of this act, and make provisions for the maintenance of said children and youths, and are required to lease, for a term not exceeding two years, a proper building or rooms for the same, and to provide a competent teacher and attendants for said children and youths, and to establish such rules and regulations as may be necessary for the instruction, training and government of said children and youths.

Ibid § 28 d.

tients to be

38. In case any children and youths so received shall be found, upon trial, incapable of receiving any benefit Incurable pa from such instruction and training, or when, in the remanded. opinion of the superintendent of said asylum, it shall be better for the welfare of any child or youth to be removed from said asylum, the said superintendent shall have full power to remand any such child or youth to the parents thereof, or to the board of commissioners of the county from which the child or youth was sent.

39. Nothing herein contained shall be construed as establishing a permanent institution for the support and education of the persons herein named.

Ibid § 28 e.
Limitation.

Ch. 35, § 33.

of convict for supposed insanity; reports.

40. Whenever any person who now is, or who may hereafter become, a convict in the state prison, shall, in Examination the opinion of the warden and board of inspectors thereof, be regarded as insane, it shall be the duty of the said board to call in two physicians skilled in their profession, one of whom may be the prison physician, who shall, without employing cruel or inhuman tests, make a careful and thorough examination as to the insanity of such convict, and report the result of their examination; which report shall be in duplicate, and entered on the prison records, and be regarded as conclusive evidence in the case.

bid § 34. board to re

Examining

port to

Ibid § 35.
order commit-

Governor to

ment to insane

hospital.

41. Whenever, as in manner above named, any convict shall be pronounced insane, said board shall notify the governor of the fact by forwarding to him said duplicate report, to each of which shall be appended governor. a transcript of the prison records relating to such convict. 42. Upon the receipt of said notice, the governor shall endorse thereon his approval, and shall, at the expense of the state, cause such convict to be removed from prison, and delivered to the superintendent of the hospital for insane, for treatment in that institution; and, shall, at the same time, forward to said superintendent said duplicate notice of the officers of the state prison; which notice shall be to him a warrant to receive and provide for such convict such treatment as that afforded in said hospital to similar cases of insanity, except that such convict shall be kept separate and apart from other patients, so far as practicable. 43. Upon receiving such convict and said warrant from the governor, the superintendent shall endorse upon one substantially as follows:

Minnesota Hospital for the Insane.

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Ibid § 36.

Form of re-
ceipt for such
convict.

the patient, a state

prison convict, named in the within warrant.

A. B., Superintendent. Which shall be returned, with the superintendent's endorsement, to the warden of the state prison, and filed in his office; the duplicate warrant shall be filed in the office of the superintendent.

bid $ 37.
be remanded

Convict to

44. Whenever, in the opinion of the superintendent, such convict is cured of the mental disability on account of which such commitment was made, the term of sentence not having expired, he shall notify the ir cured.' governor of such fact, who shall remand such convict to the state prison at the expense of the state.

to prison,

45. In computing time allowed by law for good conduct under prison discipline, the board of inspectors shall grant to such convict the full benefit of said law for the time so absent or insane; but no such

id § 38. how affected;

Term of sentence,

time allowed for

good conduct.

absence or insanity shall affect the term of sentence of such conduct [convict].

46. When any person indicted for an offense is, on trial, ac

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Proceedings

on acquittal

on ground of insanity.

Ch. 114, § 23. quitted by the jury, by reason of insanity, the jury, in giving their verdict of not guilty, shall state that it was given for such cause; and thereupon, if the discharge or going at large of such insane person is considered by the court manifestly dangerous to the peace and safety of the community, the court may order him to be committed to the hospital for the insane, for safe keeping and treatment, or may order him to be committed to prison, or may give him into the care of his friends, if they shall give bonds with surety, to the satisfaction of the court, conditioned that he shall be well and securely kept; otherwise he shall be discharged.

MISSISSIPPI.

GOVERNMENT OF JACKSON ASYLUM.

1. State asylum continued, corporate powers.

2. Government vested in a board of trustees, appointment, term of office.

3. Trustees in office to hold until successors appointed.

4. Governor to be ex-officio president; president pro tem. to be chosen. 5. Vacancies temporarily filled by

governor.

6. Vacancy, when presumed; quorum. 7. Trustees to have general control; by-laws and regulations.

8. Records, monthly inspection, meetings, reports.

9. Steward, bond.

10. Salaries of officers fixed by trustees. 11. Superintendent, appointment. 12. Term of office.

13. Vacancy, temporarily filled by

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29. Admission by trustees without proceedings in lunacy.

30.

History of patient's lunacy; trustees may refuse admission on noncompliance with regulations 31. Inquisition of lunacy of insane going at large; commitment to asylum, or temporary confinement in jail.

32. Removal of harmless incurables. 33. Removal and support of harmless incurables, estate liable for.

34. Relatives liable for.

35. Removal to county of settlement. 36. Discharge on recovery, above provisions applicable to.

37. Inquisition of lunacy for appointment of guardian.

CRIMINAL INSANE.

38. Investigation of insanity, report to court of chancery.

39.

When not indicted, grand jury to certify fact of insanity to circuit court, notice to court of chancery. 40. Fact of insanity to be stated in verdict of aquittal, notice to court of chancery; proceedings.

§ 642.

1. The state lunatic asylum, heretofore established,* shall continue to exist as a body politic and corporate, by R. C. 1880. that name and style, with all the rights, powers and Organization. privileges incident to such a body, and necessary and proper

* At Jackson.

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