River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-05-16
published April s, 1881
CHAPTER 3s6.

CHAPTER $50.
AN ACT tossmend chapter l76 of the laws OF
1872, entitled San Aet TO provide for the
government of the Wisconsin hospitals for
the insaug,
The people:of the State Of Wisconsin, repre-
sented tnssenate and assembly, do enact as
Section Il Section OF chapter l76 OF the
laws OF 1879 entitled "An act to provide for
the goyernsEent of the Wisconsin hospitals for
the insaDe,g is hereby amended so as to read
as follows:( section q, All persons confined
in either hospital as insane patients, except
persons eosyfned therein in the cases, in the
manner ana by the authority provided in sec
ton IL OF sne above mrntioned act as herein
after ameIsled, shall be entitled to the benefits
OF the wIitsSa habeas corpus, and the question
of insanity shall be determined by the court
issuing sueh writ; ana If the court before
whom sucs, case is brought shall decide that
the person il insane, such decision shall be
no bar To sthe issuing Of said writ second
time, If il s;hall be claimed that such person
other thas as above excepted has been re-
stored 10 season; and il Is hereby further pro-
vided, tlias II il be alleged that any person is
improperly confined in either OF said
hospitals as an insane person by
reason Of got being then insane. the board OF
trustees shall have power to examine into
such easesm such manner asin their opin-
ion its necessities demand, and 1t, after such
examination shall heYe been carefully and
critically snade, aided by at least two skillful
and experienced physicians, who shall have
been desI. ynated by SAID bord, it shall appear
to them L at such person is not insane, and
should net thus be coaiined, they shall issue
an order9Or his or heY immediate relase from
such confinement except in cases where such
person hss committed TO, and is confined in,
either af said hospitals under the provision OF
section IL aforesaid, rs amended as aforesaid
in which 7atter case the said board of truste
shall immediately notify the judge of tn
court haTlng Jurisdictions Of such persons rs
providedsin said seettan n as so amended, and
the DISTRICT attorney III the proper county, of
their saiddetermination and finding, and IL
shall therhupon be the duty of the courtlso haV
ing suchSjurisdiction. of such person TO make
an order Cor the removal of such persons othe
commondail of the county from which such
person Was SO sent To- either of said hospitals
TO be further dealt with according TO law in
the actiosl wherein be il under charge of or
convicticsn OF a crimea SIS provided in i'd sec
ton III, ~ go amended; and in case OF all
other srta.l persons so determined and found
not TO bc 'nsane, the aforesaid order shall he
forthNittl executed lfs the superintendent OF
the proper hospital.
Secto12. Section 10 of said chapter l76 is
hereby amended So to read as follows:
section; o.. No person, Idiotic from berth,
shall he admitted intn either hospital for the
insane, tgd no person shall be retained except
in the c&.es arising under said section IL, as
1
trial IL SHALL have BECOME reasonably certain
that sucA person Ii iGcurably insane, if such
person II retained 10 the exclusion Of others
whose cases are OF more hopeful character;
and no p39rson confined in either Of said hos
pitfalls, WHO shall have been committed thereto
and is cHafned herein, under the order and
commitment of any Of the courts OF record OF
this stat i'm or before which such person shall
! be under charge OF or conviction ola crime
| punis liable by Imprisonment in the state
I "A rtatf
or sentSace on account OF alleged insanity,
either AZ the time of the commission OF such
crime cIS at any time afterwards, shall be re-
moved 81 discharged there from except upon
the order of the count having jurisdiction Of
such peeson for heating, trial, conviction or
sentence as aforesaid,
SectiCn g. Section II Of said chapter 176 Is
hereby amended SO as to read as follows:
Secti0isI7. If the relatives or friends of any
patient kept in the hospital shall ask the dis
chargeYf such patent, except in the cases
provide in this section, before such patient
has removed from insanity, the superentcn
dent may, in his discretion, require bond
to be ISSUED to the state Of Wisconsin, In
such sWtn and such sureties as he may deem
propert conditioned for the safe keeping OF
such patient. The several courts OF record
In lhis ftate shall he authorized TO commit
for SAT-, keeping and treatment to either
hospitsf for the insane any person who shall
ne undss charge of or conviction OF before
such ceirt any crime punishable by imprls-
onmens in the state prison and awaiting hear
ing, trtH1, conviction or sentancc on account
of alleged insanity n the time Of the commits
sion nf.gnch crime OF at any time afterwards
and l.rtor to sentence. Other patients may
be discharged from the hospital upon appli-
cation "a the superintendent, or by order Of
the trl6tees, ms provided in section . In this
act. lasurable and harmless patients shall
be discharged whenever ii is necessary TO
make F0om for recent or more hopeful cascs.
as ordered by the trustees, except in cases OF
persons under the charge of or conviction VI
crime, rs last aforesaid.
Section A. This act shall take effect end be
in forc5 from and after ITS passage and pubii
cation.
Approved March 81. 1873.