Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1878-04-25

IN force from ana after its passage and publis
cation.
| Approved March l6. 1878.
| Published April s, 1871
CHAPTER $50.
AN ACT 10 amend chapter 176 of the laws
of 1873, entitled San act 10 provide for the
government of the Wisconsin hospitals for
the insane.
The people OF the state of Wisconsin, repre-
scented in senate and assembly, do enact as
follows:
Section /. Section of chapter Ia of the
laws of 1872, entitled San acs 10 provide for
the government of the Wisconsin hospitals for
the insane," is hereby amended so as TO read
as follows: Section 9. All persons confined
in either hospital as insane patients, except
personseonfne therein in the cases, in the
manner and by the authority provided in Sec
ton II of the above mentioned act as herein.
after amended, shall be entitled to the benefits
OF the writ of habeas corpus, and the question
OF insanity shall be determined by the court
issuing such writ; and it the court before
whom such case is brought shall decide that
the person is insane, such decissio shall be
no bar to the issuing of said writ second
time, if it shall be claimed that such person
other than as above excepted, has been re-
stored to reason and it is hereby further
provided that il it be alleged that any person
is improperly confined in either Of saiL hosp-
tails as an insane person by reason of not be-
ing then insane, the board of trustees shall
have power to examine into such cases, in
in such manner as in their opinion its necessi-
ties demand, and if, after such examination
shall have been carefully and critically made,
aided by at least two skillful and experienced
physicians, who shall be designated by said
board, it shall appear to them that such per-
son Is not insane, and should not be thus con-
hned, they shall issue an order for his or her
Immediate release from such confinement, ex-
cept IN cases where such persons has been
committed to, and is confined 20, either of
said hospitals under the provisions of section
IL aforesaid, as amended as aforesaid ; IN
which latter case the said board Of trustees
shall Immediately notify the judge of the court
having jurisdiction of such person as provided
In said section IL as so amended, and the dis
trict attorney of the proper county, of their
said termination and finding, and it shall
theredpon be the duty of The court having
such jurisdiction of such person to make an
order for the removal of such person to the
common jail OF the county from which such
person was so sent to either of said hospi-
tails to be further dealt with according to law
in the action wherein he is under charge OF
or conviction of crime as provided in Sec
ton IL, as so amended and in case OF all
other such persons so determined and found
to be not insane, the foresaid order shall be
forthwith executed by the superintendent of
the proper hospital.
Section 2. Section 10 Of said chapter l76
is hereby amended so as 20 read as follows {:
sSecton 10. No person, idiotic from birth,
shall be admitted into either hospital for the
insane, and no person should be retained ex-
cept in the cases arising under said section II
as so amended, in either hospital after, by
fair trial ii shall have become reasonably GER
tain that such person is incuraby insane, If
such person is retained to the exclusion of
other whose causes are of more hopeful
character and no person confined in either
of said hospitals, who shall have been COM
mitted thereto and is confined therein, under
the order and commitment of any of the courts
of record of this state, in or before which
such person shall be under charge of or con-
viction of crime punishable by imprison-
ment in the state prison and awaiting hearing
taial, conviction or sentence on account of
alleged insa nifty, either at the time of the COM
mission of such crime or at any time after.
wards, shall be removed or discharged there
from except upon order of the court having
jurisdiction of such person for hearing, trial,
conviction or sentence as foresaid.
Section 3. Section II of said chapter 176
is hereby amended so as to read as follows
Section II. If the relatives or friends of any
patient kept in the hospital shall ask the dis
charge of such patient, except in the cases
provided in this section before such patient
has removed from insanity, the superintendent
may, in his discretion, require board to be
issued of the state of Wisconsin, in such sum
and such sureties as he may deem proper,
conditioned for the safe kicking of such pa
tient. The several courts of record in this
state shalt be authorized to commit for safe
keeping and treatment of either hospital for
the insane any person who shall be under
charge of or conviction of before such court
any crime punishable by Imprisonment in the
state prison and awaiting hearing, trial, con-
victon or sentenced on account of alleged in
sanity at the time of the commission of such
crime or at any time afterwards and prior to
sentence. Other patients may be discharged
from the hospital upon application to the
superintendent, or by order of the trustees, as
provided in section in this act. Incurab
and harmless patients shall be discharged
whenever it shall be necessary to make room
for recent or more hopeful cases, as ordered
by the trustees, except in cases of persons
under the charge of or conviction of crime,
as last aforesaid
Section a. This act shall take effect and be
in force from aud after its passage and publ
cation.
Approved March 81, 1878.