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settlement therein, if such is known to be the fact; and if such settlement is not in the county, where it is, if known; or where it is believed to be, if the informant is advised on the subject.

SEC. 22. [Investigation by commissioners.]-On the filing of an information as above provided, the commissioners shall at once take steps to investigate the grounds of the information; for this purpose they may require that the person for whom such admission is sought be brought before them, and that the examination be had in his or her presence; and they may issue their warrant therefor, and provide for the suitable custody of such person until their investigation shall be concluded; such warrant may be executed by the sheriff or any constable in the county, or if they shall be of opinion from such preliminary inquiry as they may make, and in making which they shall take the testimony of the informant if they deem necessary or desirable, and of other witnesses if offered, that such course would probably be injurious to such person or attended with no advantage, they may dispense with such presence. In their examinations they shall hear testimony for and against such application, if any is offered; any citizen of the county or any relative of the person alleged to be insane may appear and resist the application, and the parties may appear by counsel if they elect The commissioners, whether they decide to dispense with the presence before them of such person or not, shall appoint some regular practicing physician of the county to visit or see such person, and make a personal examination touching the truth of the allegation in the information, and touching the actual condition of such person, and forthwith report to them thereon; such physician may or may not be of their own number, and the physician so appointed and acting shall certify under his own hand that he has in pursuance of his appointment made a careful personal examination as required; and that on such examination he finds the person in question insane, if such is the fact; and if otherwise, not insane; and in connection with his examination the said physician shall endeavor to obtain from the relatives of the person in question, or from others who know the facts, correct answers so far as may be to the interrogatories hereinafter required to be propounded in such cases, which interrogations and answers shall be attached to his certificate.

SEC. 23. [Further proceedings by commissioners.]—On the return of the physician's certificate the commissioners shall, as soon as practicable, conclude their investigations; and having done so, they shall find whether the person alleged to be insane is insane; whether, if insane, a fit subject for treatment and custody in the hospital; whether the legal settlement of such person is in their county, and if not in their county, where it is, if ascertained; if they find such person is not insane, they shall order his or her discharge, if in custody; if they find such person insane, and a fit subject for custody and treatment in the hospital, they shall forthwith issue their warrant and a duplicate thereof, stating such finding with the settlement of the person, if found; and if not found, their information, if any, in regard thereto; authorizing the superintendent of the hospital to receive and keep such person as a patient therein; said warrant and duplicate, with the finding and certificate of the physician, shall be delivered to the sheriff of the county, who shall execute the same by conveying such person to the hos pital, and delivering him or her, with such duplicate and physician's certificate and finding, to the superintendent thereof; the superintendent, over his official, signature shali acknowledge such delivery on the original warrant, which the sheriff shall return to the clerk of the commissioners, with his cost and expense endorsed thereon; if neither the sheriff or his deputy is at hand, or both are otherwise engaged, the commissioners may appoint some other suitable person to execute the warrant in his stead, who shall take and subscribe an oath or affirmation faithfully to discharge his duty, and shall be enti tled to the same fees as the sheriff; the sheriff or any other person so appointed may take to his aid such assistance as he may need to execute such warrant; but no female person shall thus be taken to the hospital without the attendance of some other female, or some relative of such person. The superintendent in his acknowledgment of delivery must

state whether there was any such person in attendance, and give the name or names, if any. It is, however, hereby provided, that if any relative or immediate friend of the patient who is a suitable person, shall so request, he shall have the privilege of taking and executing such warrant, in preference to the sheriff or any other person, and without taking such oath or affirmation; and for so doing he shall be entitled to his necessary expenses, but to no fees. The requirements of this and preceding section are modified by the provisions of the next section.

SEC. 24. [Legal settlement of insane person.]-If the commissioners find that the person so committed to the hospital has, or probably has, a legal settlement in some other county in the state, they shall immediately notify the commissioners of such county of such finding and commitment; and the commissioners so notified shall thereupon inquire and ascertain, if possible, whether the person in question has a legal settlement in their county, and shall immediately notify the superintendent of the hospital and the commissioners of the county from which such person was committed, of the result of such inquiry. If the legal settlement of a person so committed cannot for a time be ascertained, and is afterwards found, the notices so required shall then be given.

SEC. 25. [Same.]-When the superintendent of the hospital has been duly noti fied, as herein required, that a patient sent to the hospital from one county has a legal settlement in another county of the state, he shall thereafter hold and treat such patient as from the latter county; and such holding shall apply to expenses already incurred in behalf of such patient and remaining unadjusted.

SEC. 26. [Expenses incurred by one county to be refunded.]-Expenses incurred as herein provided, by one county, on account of an insane person whose legal settlement is in another county of the state, shall be refunded, with lawful interest thereon, by the county of such settlement; and shall be presented to the county commissioners of the county sought to be charged, which shall be allowed and paid the same as other claims.

SEC. 27. [Patients having no legal settlement.]-Patients in the hospital having no legal settlement in the state, or whose legal settlement cannot be ascertained, shall be supported at the expense of the state; this provision shall apply to all such patients now in the hospital, touthing expenses already incurred and remaining unpaid, if any such there be, and the trustees may authorize the superintendent to remove any such patient at the expense of the state, if they see proper.

SEC. 28. [Patients to be on an equal footing.]-All patients in the hospital shall be regarded as standing on an equal footing; and the several patients, according to their different conditions of mind and body, and their respective needs, shall be provided. for and treated with equal care; Provided, That if the relatives or immediate friends of any patient shall desire it, and shall pay the expenses thereof, such patient may have special care, and may be provided with a special attendant, as may be agreed upon with the superintendent; in such cases the charges for such special care and attendance shall be paid quarterly in advance.

SEC. 29. [Relatives may pay expenses.]-The relatives or friends of any patient in the hospital shall have the privilege of paying any portion or all of the expenses of such patient therein, and the superintendent shall cause the account of such patient to be credited with any sums so paid.

SEC. 30. [Patients, how cared for when the hospital is full.]—If, in the case of any persons found to be insane, and fit subjects for custody and treatment in the hospital, as above provided, it shall be shown to the satisfaction of the commissioners that they cannot at once be admitted therein for want of room, or for any other cause, and that they cannot with safety be allowed to go at liberty, the commissioners shall require that such patients shall be suitably provided for otherwise, until such admission can be had, or until the occasion therefor no longer exists; such patients may be cared for either as public or as private patients; those shall be treated as private

patients whose relations or friends will obligate themselves to take care of and provide for them, without public charge. In the case of any one treated as a private patient, the commissioners shall appoint some suitable person as special custodian, who shall have authority, and whose duty it shall be, in all suitable ways, to restrain, protect, and care for such patient, in such manner as to best secure his or her safety and comfort, and in such manner as to best protect the persons and property of others. In the case of public patients, the commissioners shall require that they be in like manner restrained, protected, and cared for by the commissioners of the county or overseers of the poor, at the expense of the county, and they may accordingly issue their warrants to such commissioners of the county, or overseers of the poor, who shall forthwith comply with the sanie. If there is no poor house for the reception of such patients, or if no more suitable place can be found, they may be confined in the jail of the county in charge of the sheriff.

SEC. 31. [Care of, when not admitted to hospital.]—On application to the commissioners on behalf of persons alleged to be insane, and whose admission to the hospital is not sought, made substantially in the manner above prescribed, and asking that provision be made for their care as insane, either public or private, within the county, and on proof of their insanity and need of care as above pointed out, the commissioners may provide for their care, protection, and restraint, as in the case of other applications.

SEC. 32. [Commissioners to care for.]-On information laid before the commissioners of any county that a certain insane person in the county is suffering for want of proper care, they shall forthwith inquire into the matter, and if they find the information well fonnded, they shall make all needful provisions for the care of such person as provided in other cases.

SEC. 33. [No restraint except as herein provided for.]-No person supposed to be insane shall be restrained of his or her liberty by any other person, otherwise than in pursuance of authority obtained as herein required, excepting to such extent and for such brief period as may be necessary for the safety of persons and property, until such authority can be obtained.

SEC. 34. [Cruelty to insane.]-Any person having care of an insane person, and restraining such person either with or without authority, who shall treat such person with wanton severity, harshness, or cruelty, or shall in any way abuse such person, shall be guilty of a misdemeanor, besides being liable in an action for damages.

SEC. 35. [Transfer of county insane to hospital.]-Insane persons who have been under care, either as public or private patients, outside of the hospital, by authority of the commissioners of any county, may on application to that effect be transferred to the hospital, whenever they can be admitted thereto, on the warrant of such commissioners; such admission may be had without another inquest, at any time within six months after the inquest already had, unless the commissioners shall deem further inquest advisable.

SEC. 36. [Interrogatories to be given on application for admission.]—In each case of application for admission to the hospital, correct answers to the following interrogatories, so far as they can be obtained, shall accompany the physician's certificate; and if, on further examination, after the answers are stated, any of them are found to be erroneous, the commissioners shall cause them to be corrected. First-What is the patient's name? Married or single? If any children, how many? Age of youngest child? Age of patient? Second-Where was the patient born? Third-Where is his (or her) place of residence? Fourth-What has been the patient's occupation? Fifth-Is this the first attack? If not, when did others occur, and what was their duration? Sixth-When were the first symptoms of this attack manifested, and in what way? Seventh-Does the disease appear to be increasing, decreasing, or stationary? Eighth-Is the disease variable, and are there rational intervals? If so, do they occur at regular periods? Ninth On what subjects or in what way is derange ment now manifested? State fully? Tenth-Has the patient shown any disposition to

injure others? Eleventh-Has suicide ever been attempted? If so, in what way? Is the propensity now active? Twelfth-Is there a disposition to filthy habits, destruction of clothing, breaking glass, etc.? Thirteenth-What relatives, including grandparents and cousins, have been insane? Fourteenth--Did the patient manifest any peculiarities of temper, habits, disposition, or pursuits, before the accession of the disease? Any predominant passion, religious impressions, etc? Fifteenth-Has the patient been subject to any bodily disease-epilepsy, suppressed eruptions, discharge of sores, or ever had any injury of the head? Sixteenth-Was the patient ever addicted to intemperance in any form? Seventeenth-Has restraint or confinement been employed? If so, what kind, and how long? Eighteenth-What is supposed to be the cause of the disease? Nineteenth-What treatment has been pursued for the relief of the patient? Mention particulars and the effect. Twentieth-State any other matter supposed to have a bearing on the case.

SEC. 37. [Discrimination if there be lack of room in hospital.] -If at any time it may become necessary, for want of room or other cause, to discriminate in the general reception of patients into the hospital, a selection shall be made, as follows: First-Recent cases, i. e., cases of less than one year's duration. SecondChronic cases, i. e., when the disease is of more than one year's duration, presenting the most favorable prospects of recovery, shall be next preferred. Third-Those for whom applications have been longer on file, other things being equal, shall be next preferred; and Fourth-When cases are equally meritorious, in all other respects, the indigent shall have the preference.

SEC. 38. [Proceedings upon allegations that person confined in hospital is not insane.]-On a statement in writing, verified by affidavit, addressed to a judge of the district court of the county in which the hospital is situated, or of the county in which any certain person confined in the hospital has his or her legal settlement, alleging that such person is not insane, and is unjustly deprived of his or her liberty, such judge shall appoint a commission of not more than three persons, in his discretion to inquire into the merits of the case; one of which shall be a physician, and if two or more appointed, one shall be a lawyer. Without first summoning the party to meet them, they shall proceed to the hospital and have a personal interview with such person, so managed as to prevent him or her if possible, from suspecting its object, and they shall make any inquiries and examinations they may deem necessary and proper of the officers and records of the hospital touching the merits of the case; if they shall judge it prudent and advisable, they may disclose to the party the object of their visit, and either in the presence of such party, or otherwise, make further investigation of the matter; they shall forthwith report, to the judge making the appointment, the result of their examination and inquiries; such report shall be accompanied by a statement of the case and signed by the superintendent; if on such report and statement, and the hearing of the testimony, if any is offered, the judge shall find the person not insane, he shall order his or her discharge; if on the contrary, he shall so state, and authorize his or her continued detention. The finding and order of the judge, with the report and other papers, shall be filed in the office of the clerk of the court over which such judge presides, who shall enter a memorandum thereof on his record, and forthwith notify the superintendent of the hospital of the finding and order of the judge, and the superintendent shall carry out the order. The commissioners appointed as provided in this section shall be entitled to their necessary expenses and a reasonable compensation to be allowed by the judge, and paid by the state out of any funds not otherwise appropriated; Provided, That the applicant shall pay the same, if the judge shall find that the application was made without probable grounds, and shall so order.

SEC. 39. [Same.]-The commission so provided for shall not be repeated oftener than once in six months, in regard to the same party; nor shall such commission be appointed in the case of any patient within six months of the time of his or her admis

SEC. 40. [Habeas corpus.]-All persons confined as insane shall be entitled to the benefit of the writ of habeas corpus, and the question of insanity shall be decided at the hearing; and if the judge shall decide that the person is insane, such decision shall be no bar to the issuing of the writ a second time, whenever it shall be alleged that such person has been restored to reason.

SEC. 41. [Escape of patient.]-If any patient shall escape from the hospital, the superintendent shall cause immediate search to be made for such patient; and if the patient cannot soon be found, he shall cause notice of such escape to be forthwith given to the commissioners of insanity of the county where the patient belongs, and if such patient is found in their county, the commissioners shall cause him or her to be returned, and shall issue their warrant therefor, as in other cases, unless the patient shall be discharged, or unless, for good reasons, they shall provide for his or her care otherwise, of which they shall notify the superintendent.

SEC. 42. [Discharge of patient.]-Any patient who is cured shall be immediately discharged by the superintendent. Upon such discharge the superintendent shall furnish the patient, unless otherwise supplied, with suitable clothing, and a sum of money not exceeding twenty (20) dollars, which shall be charged with the other expenses in the hospital, of such patient. The relatives of any patient not susceptible of cure by medical treatment in the hospital, and not dangerous to be at large, shall have the right to take charge of and move such patient on the consent of the board of trustees; Provided, That in the interim of the meetings of the board, the consent of two of the trustees shall be sufficient.

SEC. 43. [Discharge on application of relatives.]—On the application of the relations or immediate friends of any patient in tl.e hospital who is not cured, and who cannot be safely allowed to go at liberty, the commissioners of insanity of the county where such patient belongs, on making provision for the care of such patient within the county, as in other cases, may authorize his or her discharge therefrom; Provided, No patient who may be under charge or conviction of homicide shall be discharged without the order of the board of trustees.

SEC. 44. [Discharge of harmless patients.]-The board of trustees shall order the discharge or removal from the hospital of incurable and harmless patients whenever it is necessary to make room for recent cases; Provided, That in the interim between the meetings of the board, the superintendent, in conjunction with two trustees, shall possess and exercise the power granted in this section.

SEC. 45. [Notice to commissioners.]-When patients are discharged from the hospital by the authorities thereof, without application therefor, notice of the order of discharge shall at once be sent to the commissioners of insanity of the county where they belong, and the commissioners shall forthwith cause them to be removed, and shall at once provide for their care in the county as in other cases, unless such patients are discharged as cured.

SEC. 46. [Board of patients.]-The board of trustees shall from time to time fix the sum to be paid per week for the board and care of patients, and to arrive at such sum shall estimate the total outlay as far as possible from the sums actually paid per annum; and the weekly sum so fixed shall be the sum said hospital shall be entitled to demand for the keeping of any patient, and the certificate of the superintendent, attested by the seal of the hospital, shall be evidence in all places of the amount due as fixed. [Repealed Laws 1891, chap. 31.1

SEC. 47. [Superintendent shall certify to auditor amounts due from counties.]-The superintendent shall certify to the auditor of state on the first days of March, June, September, and December the amount (not previously certified by him) due to said hospital from the several counties having patients chargeable thereto, and said auditor shall pass the same to the credit of the hospital. The auditor shall thereupon notify the county clerk of each county so owing, of the amount thereof,

SEO. 47. Cited 16 Neb. 125, 187. Section is constitutional. Tax is a county tax. 18 Neb. 607.

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