Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1901-06-06

ue1talhed. Such general guardian and 70 o, 50
mod on3 OF friend of the person to be exam
Of 80 Iiiu sucn superintendent NAV annaar
d" a. sucn examination, and either of +poal
wbioh 81 testimony on the examination
should The competent ON pc shall be received.
that such state board of control certify
snoh oucn superintendent cannot attend
~ examination without danger of in
he 49, ~ MS institution, his deposition NAV
ME for ana returned pursuant to the stat
ana t tI taxing and returning depositions
On ~ one same shall be admissible testimony
~ III Tue examination" Also bv stri[inr o1rt
is fn SUpas ~ III they find that the person
49, t1,aa4e the Judge shall make a further
oIQtr OF commitment to some bosnitai or
~nSiulll or not as in his judgment the facts
t Tb3irtant, IN lines twenty-nine thirty and
the foIlnwinnna.a inserting in place thereof
person ped so examined Is sane, the Judge shall
otutr MS immediate discharge If ii finds
IN an Sucn person Is insane, if he is detained
III ~ any such hospital or asylum, the Judge
Sna!i order him returned thereto. If 9t
be- a1 ON parole or leave of absence, he shall
judge is satse re4 fbd4 a; at large unless the
u ~ So IN which case the judge NAV order
RlLl committed to some hospital or asylum
ton the S4 foflo, Also by adding to the sec
inc e foregoing provisions of this section shall
no nGe apply to any person awaiting hearing,
&c W a"i VI sentence on a charge of crime, who
maS cohihltted as insane to a hospital or
asylum for the insane by any competent
e e, nor to any person sentenced to con-
f ,vliatnL III the state prison or state re-
iiorLlatory who has been lawfully adiudged
insane and transferred from either of those
INSTITUTIONS to such hospital or asylum I'M
III III AFTER the expiration of the term for
n rSHceu TO Imprisonment or detention in said
prison or asylum SO that said section
Wnen thus 1U amended shall read as follows:
section 5S7. Except as hereina fter provided
any person who has heretofore been or
may hereafter be adiudged insane by any
court, tribunal or officer having lawful au-
strained of his liberty because of his al
legeu insanity, may of his own verified
petltioh or that of his guardian or some
animation of the question whether such
person Is sane or insane before the judge
OF the circuit court or county court any
other court of record of the county in
which such person resides or in which he
was so adjudged to be insane or in which
the hospital or asylum for the insane is
located in which he is detained. if he is so
detained The petition shall state the facts
necessary to show that the judge to whom
It is addressed and presented has jurisdic
ton ton to retry or re,examine the question of
the present mental condition as to sanity
or insanity of the person in whose behalf
such petition is presented 1t shall also
state whether such person has a general
guardian and If so the name and residence
or such guardian and whether such person
is detained in any hospital or asylum for
the insane, and if so its name and location
and the name of the superintendent there
Of Any such judge receiving such petition
shall thereupon by order appoint two ply
slclans each having the qualifications pre-
Scrlbed by section 5S5 of the statutes of
1893, to examine and report to him whether
In their opinion the person In whose behalf
the petition is made is sane or insane. The
judge shall also fix the time and place of
such examination and shall cause reason
able notice thereof to be given to the
guardian of the person to be examined, If
he has a general guardian, and to the SUI
perintendent of the hospital or ASYLUM in
which such person is detained, If he is so
detained. Snch general guardian and any
relative or friend of the person to be eX-
amined, and such superintendent may APP
pear at such examination and either Of
them may offer testimony the examina-
ton, which if competent, shall be received.
Should the state board of control certify
that such superintendent cannot attend
such examination without danger of injury
to his Institution, his deposition may be
taken and returned pursuant to the statute
for taking and returning dispositions. and
the same shall be admissible testimony on
the examination. If such physicians re-
port such person sane and the judge is sat
isfied that he is sane and no demand for a
jury trial Is made. a Judgment to that eff
feet shall forthwith be entered, but If the
judge shall direct or the person examined,
his guardian or any such persons friends or
relatives shall demand a trial by jury, an
order for such a trial shall forthwith be
entered. The procedure on such trial shall
be near as may be the same as in trials
by jury in justices courts. The person ex-
amined, his counsel. relatives. immediate
friends, general guardian and the witnesses
may be present, the court may exclude all
others. After hearing the evidence and
arguments the jury shall return verdict
of sane or insane as they shall agree; If
they disagree they shall be discharged and
another jury may be impaneled. Judgment
shall be entered In accordance with the
fact found by the jury. If the jury finds
that the person so examined is sane the
Judge shall order his Immediate discharge.
1f~it finds that such person is insane if he
Is detained In any such hospital or asylum
the judge shall order him returned thereto.
If at large on parole or leave of absence.
he shall be allowed to remain at large I'M
less the judge is satisfied that it will be
unsafe to do so, in which case the Judge
may order him committed to some hospital
or asylum for the insane. All person who
render services in such proceedings shall
receive the same compensation as the law
provides for similar services rendered IN
criminal cases in justices courts to be paid
in like manner. In cases wherein no jury
is demanded, the state board of control act
ing as a commission in Iunacy, may by like
procedure determine the sanity or insanity
Of any person committed to either of the
state hospitals for the insane, whether an
actual inmate thereof or at large on parole
or committed to any other hospital or asy-
lum for the insane. and its determination
shall be recorded in the office of the proper
county Judge and shall have the same force
and effect as though made by such judge,
or such board may, if it has reason to doubt
the insanity of such person, request the
proper county judge to make due Inquiry
and determine the mental condition of such
person, pursuant to this section, and it
shall be the duty of said judge to do so.
Provided however the foregoing provisions
of this section shall not apply to any per-
son awaiting hearing. trial or sentence on
a charge of crime who committed as
insane to the hospital or asylum for the in
sane by any competent court, nor to any
person sentenced to confinement in the
state prison or state reformatory who has
been lawfully adjudged insane and trans
ferred from either of those institutions to
such hospital or asylum, until after the eX-
pirat ton of the term for which such convict
10 JI-oS SnntpnrpH
or detention in SAID prison or asylum.
Section 2 This act shall take effect and
be in force, from and after its passage and
publication.
Approved April L. 1901.