to be not less than forty acres; provided, that the site for said asylum shall be donated to the state by the citizens of Pueblo; and they are hereby authorized to receive gifts or otherwise of lands for the use and benefit of the state in reference to the site and building for said asylum. The site shall be susceptible of irrigation, and not too remote from good water, of sufficient quality and quantity to furnish a supply for all necessary use. Upon selecting such site, the said commissioners shall report the facts as to the same to the governor, and he shall cause the title to be made to the state with as little delay as possible. The said commission may lease or build or purchase a temporary building for immediate use. The commissioners Compensation shall receive for their services herein named the sum sioners. of one hundred dollars each, and mileage of twenty cents for each mile traveled in the selection of such site. As soon as the site shall be selected and title made to the state, the superintendent shall cause proper designs and plans of the grounds and buildings to be made, and shall proceed to lease or construct temporary buildings, which shall be opened for use as speedily as practicable.

of commis

Superinten dent to obtain plans, etc.

Ibid § 6.

State insane tax to be levied.

pro

6. There shall be levied and assessed upon all taxable property in the state, real and personal, for the creation and support of such asylum as herein vided, a tax of one-fifth (1-5) of a mill on each and every dollar to be known as the insane tax; such revenue to be assessed and collected in like manner with other revenues of the state.

7. Whenever any reputable person shall file a complaint, General Laws duly verified in the county court, alleging that any

of 1877.

§ 1698,

as amended

by act of 1879, p. 90, § 1. Summoning of jury on inquisition of lunacy.

person is a lunatic or insane person, and that said. lunatic or insane person has personal or real property, and is so insane or distracted in mind as to render such person incapable of properly and safely attending to and managing the same, the judge of said court shall thereupon order a jury of six jurors to be summoned to ascertain whether such person is so insane or distracted as to render him or her incapable and unfit to care for and manage his or her estate; and if said jury shall return in their Appointment verdict that such person is so insane or distracted tor of insane in mind as to be incapable and unfit to take care of

of conserva

estate.

and manage his or her estate, it shall be the duty of person's said county court to appoint some fit person to be conservator of his or her estate.

§ 1724.

How inquest

had to determine restora

tion of lunatic to reason.

8. If any person shall present to the county court of the county where any such conservator hath been appointed, an information in writing, setting forth that the insane person hath been restored to his or her reason, such court shall cause the fact to be inquired of by a jury. If upon such inquest, it shall be found that such person hath been restored to his or her reason, he or she shall be immediately set at liberty, and the county court shall issue a summons requiring the conservator to appear and settle his accounts. The expenses attending any inquest held under this chapter, shall be paid out of the estate of such insane person, upon the order of the county court, or, if there be no such estate, the county commissioners of the proper county, upon certificate of the amount thereof by the judge of the county court, shall allow the same, and a warrant therefor shall be drawn upon the county treasurer.

§ 1720.

to have body of luna

custody of

tic; how sup

9. The overseer of the poor-house of the county, or such other person as the county commissioners may appoint, shall, in case any lunatic hath no relative or friend who will care for him or her, have the charge ported of the body of such lunatic, and shall have power to confine him or her, and shall comfortably support such person, and make out an account thereof and return the same to the county commissioners, whose duty it shall be, on satisfactory proof of the justice of such account, to issue their warrant on the treasurer of the county therefor; or, if such lunatic hath any estate in the hands of his conservator, such account shall be rendered to the county court, and upon the order of the county court, the conservator shall pay the same out of any moneys in his hands pertaining to such estate, and which may lawfully be so applied.

with the

§ 1725,

as amended

10. Whenever any reputable person shall file county court a complaint duly verified, alleging that any person is so insane or distracted in mind as to endanger his own person or property, or the person or property of another or others if allowed sane person. to go at large, the county court or judge thereof shall forth

by act of '79, Arrest of in

inquest.

with issue an order in the name of the people, directed to any sheriff or constable of said county for the apprehension of such alleged insane person, which order may be executed by any sheriff or constable of said county, or by any person specially appointed by said court to execute the same; provided, that when any sheriff or constable shall find within his county any such insane person at large, it shall be his duty to apprehend such insane person without an order of court. And when any alleged insane person shall be so arrested by, or without an order of court, he or she shall be taken forthwith before the Provision for County court, or judge thereof, and if the alleged insane person so elect, an inquest, as provided for in section 1 shall be held without delay; and until the determination of such inquest such alleged insane person shall be confined in the county jail or other convenient place. If, upon such inquest, it shall be found in the verdict of the jury that such alleged insane person is so insane or distracted in mind as to endanger his or her own person or property, or the person or property of another or others if allowed to go at large, it shall be the duty of the court, by an order to be entered of record, to commit such insane person to the county commitment. jail, or other convenient place, to be there confined until discharged on inquest, or otherwise disposed of according to law; provided, that both before and after such inquest upon application of any relative or friend of such alleged insane person, and upon its satisfactorily appearing that the applicant is a suitable and proper person to have the custody of such alleged insane person, the county court shall order such alleged insane person to be delivered into the custody of such relative or friend; provided further, that the complaint mentioned in section 1 may be joined with the complaint mentioned in this section; and when both complaints shall be on file in the court at the same time, one inquest shall determine the matters charged in both complaints.

Order for

§ 1826,
as amended

of

11. No inquest of lunacy shall be held until at least ten days' previous notice shall have been given to the alleged by act or 79, lunatic, and to the guardian ad litem to be appointed by the court, by citation issuing out of the county court, setting forth the substance of the complaint, and the time and place when and where such inquisition will

p. 91, § 3.

Notice of inquest.

be held, and requiring the alleged lunatic to attend, unless the alleged lunatic shall waive such notice and elect that the inquest shall be sooner held; provided, that every inquest concerning the lunacy of any person shall be brought and conducted in the name of the people; provided further, that no inquest shall be had as to the lunacy of any person charged with a criminal offense until the like notice has Notice to disbeen given to the district attorney or other officer trict attorney. charged by law to prosecute such offense, and that nothing in this chapter shall be so construed as to exempt the relatives and next of kin to any insane pauper from their Expenses, liability for his or her support; and all moneys chargeable. expended by any county for the maintenance of any such insane person, under the provisions of this chapter, may be recovered of the person or persons who are or may be liable by law for his or her maintenance.

where

$ 1727.

12. All sums of money received into the state treasury, from the collection of the tax for the support of lunatic paupers, as provided in the chapter concerning Fund for sup revenue, shall be kept separate and apart from all how kept. other funds in said treasury, and shall be designated as the "fund for the support of the insane," and such fund shall be disbursed as follows:

as amended by

Fund for

insane; how

13. Whenever any county shall hereafter expend any sum of money in the necessary support, maintenance or pre- $1728, serving in custody of any lunatic pauper, such county act of 1877. shall be reimbursed from the fund for the support support of of the insane. The county commissioners of such expended. county shall present an account of all such expenditures, expressing the items of such expenditure, the name of the pauper for whose support the same was made, and the time of such expenditure, to the auditor of the state, and together with such account they shall present the accounts of the persons to whom such sum of money was paid, with attached thereto the affidavit of such person that such account is true and just, that the services charged for were actually and necessarily rendered in the support and keeping of such pauper, and that he hath received from such county payment therefor; also, together with said account shall be presented an exemplification of the record of the proceedings in the county court of such county,

whereby such pauper was adjudged to be a lunatic, and a certificate from the county judge that such lunatic hath not been since adjudged sane as provided by law; provided, that such exemplification shall be filed and preserved by the auditor in his office, and at any subsequent presentation of any claim for the support of the same lunatic, it shall not be necessary to renew such exemplification. Upon the presentation of such account, verified as aforesaid, and upon proof by the affidavit of two or more of such county commissioners, that such lunatic hath no estate, and no relation within the state, so far as known or believed by them, or none of sufficient ability to maintain him or her, the auditor, if nothing appears to show that such claim is fraudulent or factitious, shall allow the same, and draw his warrant upon the treasury for the amount so allowed, payable out of the insane fund. Until tion of lunatic such time as the state of Colorado shall have provided a place for the custody and subsistence of lunatic paupers, the same shall be transported to some convenient asylum, either within or out of the limits of this state, where such pauper will receive such attention and treatment as he or she may require; the expense necessarily incurred in and about the transportation of such lunatic pauper, as well also his or her bills at the asylum, shall be borne and paid by the county of which such lunatic pauper is a resident, the same upon proper vouchers, presented for that purpose, to be repaid to such county out of the state fund for the support of the insane.

Transporta

to, and keeping at, asylum of other

states; how expenses paid.

§ 1730. Recovery of moneys expended for the

14. All such warrants shall be paid as other warrants are, in § 1729. Payment. the order in which the same are presented. 15. If at any time after the payment of any such account for the support of any lunatic pauper, it shall appear that such lunatic had, at the time, relations within. support of lu- the state, bound by law, and of sufficient ability, to atives bound support him or her, an action shall lie in behalf of for his support. the state to recover from such relative all such sums of money so expended.

natic from rel

16. The term lunatic, as used in this chapter, shall be construed to include idiots, insane and distracted per

§ 1731. Construction

natic.

of the term lu- sons, and every person who, by reason of intemperance, or any disorder or unsoundness of mind, shall be incapable of managing and caring for his own estate.