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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 con-

viet, 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 Ibid § 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.

76. The sheriff shall transmit immediately a certified copy of such finding to the governor, who may, as soon Ihid § 555. as he shall be convinced that the convict has become Finding transof sound mind, issue a warrant appointing a time governor. for his execution.

mitted to

NEVADA.

[blocks in formation]

Act of 1879,

18. Quorum; powers to purchase land for asylum.

19. Expenses of board of commissioners, how borne.

20. Application for commitment, phy-
sician's examination, commit-
ment to California asylum.

21. Appropriation for expenses.
22. Reports of commissioners.
23. Board of commissioners to contract
for support, terms of contract.

24. Transfer of patients from California
asylum on completion of Nevada
asylum; proceedings for commit-
ment, physician's certificate.
25. Private patients, charges fixed by
board; impartial treatment of all
patients.

26. Support, expenses of, how borne.
27. Warrants for expenses, how drawn
and paid.

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 Asylum at Reno is hereby located on said grounds.

ch. 130, § 1.

established.

2. The sum of $5,000 is hereby appropriated out of any Ibid § 2. 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

dred 300 inches of water, before commencing to improve the land.

ch. 42, § 1.

Act of 1881, Board of in sioners creat and duties.

sane commis

ed; powers

3. A board, consisting of the present board of commissioners for the insane, and the lieutenant governor, is hereby created for the purpose of causing to be enacted, on the state land, near the town of Reno, Washoe county, a suitable building or buildings for the care of the indigent insane of the state of Nevada. The said asylum shall have sufficient capacity for capacity of the care of one hundred and sixty patients; provided, asylum. that said asylum shall be completed within fifteen months after the passage of this act; and provided, that said building or buildings shall be built of stone or brick, and shall be fireproof so far as consistent with cost, and in the judgment of the board.

4. Before entering upon their duties, as prescribed in this act, the said commissioners shall take and subscribe the constitutional oath of office, and cause the same to be filed with the secretary of state.

pid $ 2. ers to take

Commission

oath of office.

meet at

bid $ 3.

Their orgari. zation.

5. Immediately after qualifying, the members shall the seat of government, and organize said board by electing from their number a president, vice-president, and secretary, whose duties shall be defined by the bylaws of said board. They shall also appoint some competent builder to superintend construction of the work Builder to herein provided for at a per diem not to exceed construction. six dollars.

superintend

Advertise for

6. After the approval of this act they shall organize and act immediately. They shall advertise in two news- Ibid § 4. papers in this state, and one in California, for the plaus, etc. presentation of plans and specifications for the erection of a building or buildings with a capacity of accommodating one hundred and sixty inmates, said building or build- Capacity. ings to be so constructed that additions can be made when found necessary. After the adoption of plans by the board, under no consideration whatever shall any changes be made in said plans or specifications, unless by the unanimous consent of the board of commissioners, and the consent of the contractor, and without additional expense to the state.

7. As soon as practicable, after adopting plans, the board

Ibid § 5.
Proposals for

shall advertise for sealed proposals for furnishing building. the material and doing all the work for the erection of said building or buildings. Said board may adopt or reject any and all bids not deemed reasonable or satisfactory; but, in determining bids for the same work or material, the lowest responsible bid shall be taken.

Contractor to

file bond.

8. The contractor for the erection of said building or buildIbid § 6. ings shall be required to furnish a good and sufficient bond for the payment of all debts and liabilities incurred in the erection of said building or buildings, and no allowance or increase of pay shall be given over and above the contract price; and said contractors shall bind themselves to complete the work ready for the occupation of the patients within six months from the date of the signing of the conForfeit. tract, or pay a forfeit to the state at the rate of two hundred and fifty dollars per day for each day beyond the time herein allowed.

Ibid § 7. Payments to contractor.

9. Said board shall cause monthly estimates to be made during the progress of the building and allow thereon seventy-five per cent. of the value of such work and material actually done and delivered, and no more; twenty-five per cent. being reserved as security for the completion of the contract, which amount shall be paid in full when said contract is completed and the work accepted by the board.

Ibid § 8.
Idem.

10. After the expiration of each month, after the signing of the contract, said board shall procure the estimates as provided for in section seven of this act, and shall certify to the amounts thereof to the state board of examiners; and, upon the allowance thereof by said board, properly certified to the state controller, he shall draw his warrant on the state treasurer in favor of the proper person for seventy-five per cent. of the amount thus certified to, and the state treasurer shall pay the same out of any fund appropriated for such purpose.

Ibid § 9.
Commission-

ers to be disinterested.

11. No fees or compensation of any kind shall be allowed to any member of the board of commissioners by this act created, except as hereinafter provided, nor shall any member be interested directly or indirectly, in any contract for furnishing material or performing labor in the erection of said building or buildings.

Appropriation

12. Eighty thousand dollars is hereby appropriated for the construction and furnishing of said building or build- Ibid § 10. ings, and in no case shall a contract be entered into for building. which shall exceed the sum of eighty thousand dollars for the erection of said building or buildings and furnishing as aforesaid.

Procuring

13. The money herein appropriated shall be taken from the state school fund, and in its place shall be deposited Ibid § 11. eighty bonds of one thousand dollars each, bearing funds. interest at the rate of four per cent. per annum; said bonds shall run for twenty years, but shall be redeemable by the state at its pleasure, after two years; said bonds shall be signed by the governor and state controller, countersigned by the state treasurer, and authenticated with the great seal of the state, and shall state in substance that the state of Nevada owes to its state school fund eighty thousand dollars, the interest on which sum, at four per cent. per annum, she agrees to pay during the life of said bonds, for the benefit of the common schools of the state; said bonds shall be lithographed, as is usual in similar cases, and deposited with the treasurer of the state. The interest on said bonds shall be paid semi-annually, on the first days of January and July of each year, on the written order of the state board of education to the state controller directing him to draw his warrant for the amount of such semi-annual interest on the indigent insane interest and sinking fund herein created. All sums derived from the interest on said bonds shall go into the general school fund, for the support of the common schools of the state, and for the regular and prompt payment of which the faith and credit of the state is hereby pledged.

Taxes.

14. There shall be levied and collected for the fiscal year commencing January first, eighteen hundred and eighty- Ibid § 12. one, and annually thereafter, an ad valorem tax of three cents on each one hundred dollars of all the taxable property in the state, including the tax upon the proceeds of mines, and all sums derived from this tax shall go into the indigent insane interest and sinking fund, for the payment of the interest and redemption of bonds herein authorized by this act.

15. The board of commissioners, as named in this act, shall

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