2146. Expense of keeping, how paid. The board shall estimate and determine, as nearly as may be, the actual expense per annum of keeping and taking care of such boys or girls as are committed to the state industrial school, on the complaint of the parents or guardians of such boys or girls, for incorrigible or vicious conduct, and the costs of keeping such boys or girls, including the cost of transportation to the school and the costs of court, shall be wholly paid by such parent or guardian, unless for good cause the board shall otherwise order and direct, in which case such expenses, including cost of transportation, shall be paid by the county from which the child shall have been committed. ['90, p. 98*.

2147. Discharge of person committed. Every boy or girl committed to the state industrial school shall remain until he or she shall arrive at the age of twenty-one years, or be legally discharged. The discharge shall be a complete release of all penalties incurred by conviction of the offense for which he or she was committed. [C. L. § 1907*; '90, p. 98*.

2148. Id. No boy or girl shall be committed to said school for a longer term than until he or she shall attain the age of twenty-one years; but the board by its order may, at any time after six months' service, discharge any boy or girl from the school as a reward for good conduct and upon satisfactory evidence of reformation. [C. L. § 1908*; '90, p. 98*.

2149. Release on parole. The board shall have power to establish rules and regulations under which any child placed in the school may be allowed to go upon parole outside of the buildings and inclosures, but to remain in the legal custody and under the control of the board and subject at any time to be taken back within the inclosure of the institution. Full power to enforce such rules and regulations, and to retake and keep any child so upon parole is hereby conferred upon the board, whose written order, certified by its secretary, shall be sufficient warrant for all reasons named therein to authorize any officer to return to actual custody any conditionally released or paroled child; and it is hereby made the duty of all officers to execute such order the same as an ordinary criminal process. ['96, pp. 362-3.

2150. Female inmates. The board may, in its discretion, contract with the managers of any institution or organization in this state for the reformation of females, for the care and keeping of any girl or girls who shall be committed to the state industrial school, and may pay for the same out of the funds appropriated to the state industrial school. Such girl or girls shall remain in legal custody and control and supervision of the board and subject at any time to be taken back to the institution.

2151. Aiding to escape. Penalty. Every person who shall unlawfully aid or assist any boy or girl, lawfully committed to the state industrial school, in escaping or attempting to escape therefrom, or knowingly conceal such boy or girl after his or her escape, shall be deemed guilty of a misdemeanor. [C. L. § 1909.

2152. Removal for disorderly conduct. If any boy or girl, committed to the state industrial school, shall prove unruly or incorrigible, or if his or her presence shall be manifestly and continually dangerous to the welfare of the school, the board shall have power to order his or her removal to the county from which he or she came. If such boy or girl shall have been convicted of a felony or a misdemeanor, and judgment shall have been suspended, he or she shall be delivered to the sheriff of the county from which he or she came, and thereafter proceedings against such boy or girl shall be resumed as if no order committing him or her to the state industrial school had been made. [C. L. § 1910*.

CHAPTER 7.

INSANE ASYLUM.

2153. Location. The state insane asylum now established and located at Provo City, in the county of Utah, shall continue to be the asylum for the insane of this state.

Location, Con. art. 19, sec. 3. Land grant, Enabling Act, sec. 12. Perpetual fund, Con. art. 19, sec. 3; art. 20, sec. 1.

2154. Objects. The objects of the asylum shall be to care for all insane persons residing within the state, and to furnish to them proper attendance, medical treatment, seclusion, rest, restraint, amusement, occupation, and support tending to restore the mental and physical health of such persons, or to alleviate their sufferings.

N. Dak. 988*.

2155. Board of commissioners. The government and control of the state insane asylum shall be vested in a board of commissioners, to consist of the governor, state treasurer, and state auditor, who shall be known as the board of insane asylum commissioners. ['96, p. 390.

Authorized by Con. art. 7, sec. 14.

2156. Id. Traveling expenses. Each commissioner shall be allowed his traveling expenses in attending the meetings of the board, payable out of any money in the treasury of the asylum. ['96, p. 392.

2157. Id. Powers. The board may contract and be contracted with, and may sue and be sued in all matters concerning the asylum. It may take and hold by purchase, gift, devise, or bequest real and personal property required for its uses, and it may convert property and credits received by gift, devise, or bequest, and not suitable for its use, into money or property available for its uses. [C. L. § 1948*; '96, p. 390*.

2158. By-laws. The board may make by-laws for its own government, and shall have the general control and management of the affairs of the asylum. [C. L. § 1948*; '96, pp. 390-1.

A

2159. Record. Meetings. Quorum. It shall cause to be kept by its secretary a full and correct record of its proceedings, which shall be open at all reasonable times to the inspection of any citizen. It shall hold stated meetings at the asylum monthly, on such days as may be prescribed by the by-laws. majority of the board shall constitute a quorum for the transaction of business. The board shall make a thorough inquiry into all the departments of labor and expense, and a careful examination of the buildings, property, and general condition of the asylum, at least once in every three months. [C. L. § 1948*; '96, p. 391.

2160. Board has control of all insane persons in state. The board shall have the supervision and control of all insane persons in this state, whether confined in the state insane asylum or other house or place. [C. L. § 1957*; '96, p. 391.

2161. Removal of officers and employees. The board may remove any officer or employee of the asylum, by a majority vote of its number, for habitual and wilful neglect of duty, or for refusal to comply with the requirements of the laws, by-laws, or regulations made for the establishment and government of the institution. [C. L. § 1960*; '96, p. 391.

2162. Certificate to state auditor. At its regular meeting in October of each year, the board shall certify to the state auditor the number of indigent patients, the number of pay patients, and the number of patients who pay a part, and also the amount paid by each. [C. L. § 1950*; '96, p. 392.

2163. Secretary. The board shall appoint a secretary, who shall not be of its number, and who shall hold his office during the pleasure of the board. He shall have charge of the books and accounts of the board, shall keep a record of its proceedings at all stated and called meetings, and shall perform such other duties as the by-laws may prescribe or the board may require. He shall have such salary or compensation for his services, payable monthy, as may be fixed by the board. He shall give a bond with good and sufficient sureties in a sum of not less than one thousand dollars, payable to the state, to be approved by the board, which bond shall be filed with the secretary of state. [C. L. § 1956*; '96, p. 393*.

2164. Treasurer. The board shall appoint a treasurer, who shall not be of its number, and who shall hold his office at the pleasure of the board. Before entering upon his duties, the treasurer shall qualify by subscribing an oath of office and shall give a bond payable to the state, with sufficient sureties, in a penal sum of not less than ten thousand dollars, to be approved by the secretary of state, conditioned for the faithful performance of his duties, according to law, and for the delivery to his successor of all books, papers, vouchers, moneys, and effects that he may hold by virtue of his office. The board may demand an increase in the amount of such bond and may require additional sureties at any time. The bond must be delivered to the secretary of state. The treasurer shall render to the board monthly, at such times as may be prescribed by the by-laws, a detailed statement of the moneys received and disbursed by him during the preceding month. He shall, by order of the board, receive from the state all moneys appropriated to the use of the asylum, and receipt therefor; and he shall receive, collect, and disburse any other moneys due and belonging to the asylum. No money shall be paid out by the treasurer except upon the order of the board, which order shall be spread upon its minutes. The treasurer shall perform such other duties as the board may require, and shall have an annual salary, to be fixed by the board, payable monthly. The treasurer and secretary may be the same person if the board shall so determine. [C. L. § 1955*; '96, pp. 393-4. Warrants drawn in favor of treasurer, 2070.

2165. Medical superintendent. The board shall appoint a medical superintendent, who shall reside at the asylum, and who shall hold his office during the pleasure of the board. He shall be a well educated and experienced physician and a graduate in medicine, and shall have practiced at least five years from the date of his diploma. He shall be the chief executive officer of the asylum, and shall have the general superintendence of the buildings, grounds, and property thereof, subject to the by-laws and regulations of the board. He shall have control of the patients, prescribe and direct their treatment, adopt sanitary measures for their welfare, and discharge such as, in his opinion, have recovered their reason. He shall appoint, with the approval of the board, as many attendants as he may deem necessary for the efficient and economical care and management of the asylum, and, with the consent of the board, may fix their compensation, and may discharge any of them. He shall prescribe the duties of the subordinate officers and employees, maintain discipline among them, and enforce obedience to the regulations of the institution. He shall estimate quarterly in advance the probable expenses of the asylum, and shall submit the same to the board for its approval. [C. L. § 1963; 96, p. 394.

2166. Quarterly estimate of expenses. Upon receipt from the superintendent of an estimate of the probable quarterly expenses of the asylum, the board shall make an examination of such estimate, and if found correct, shall approve it. The board shall then certify its action to the state auditor, who must file the estimate and draw the necessary warrants as provided by law.

2167. Supplies, how purchased. The superintendent shall estimate and report to the board the amount, kind, and quality of provisions, fuel, and clothing required for the six months ending on the last day of April and of Octo

ber of each year, and the board shall advertise for bids for supplying the same as provided by law. Necessary expenditures other than those for provisions, fuel and clothing may be made by the superintendent, subject to the approval of the board. [C. L. § 1964*; '96, p. 394*.

Supplies to be purchased and buildings erected by contract, 22 2067-2069. Officer or employee not to be interested in contract, etc., 2066.

2168. Records and reports of superintendent. Inspections. Salary. The superintendent shall cause to be kept full and correct accounts and records of his official transactions from day to day, in books provided for that purpose, in the mode prescribed by the board, and he shall report to the board monthly, producing vouchers for his expenditures during said month. He shall see that his accounts are made up to and including the thirtieth day of November of each year, and shall submit his annual report to the board at its next regular or special meeting thereafter. He shall visit the several wards of the asylum every day in the year, unless he obtain leave of absence from the presiding officer of the board, in which case the assistant physician shall discharge his duties. He shall receive an annual salary, to be fixed by the board, payable monthly. [C. L. § 1964*; '96, pp. 394–5.

2169. Assistant physician. Whenever the board shall deem it necessary, it may, upon the nomination of the superintendent, elect an assistant physician, who shall be a graduate in medicine. His salary shall be fixed by the board, to be paid in the same manner as the salaries of other employees. He shall, in the absence of the superintendent, make daily visits to the asylum, and, when requested, shall make such visits in company with the superintendent. He shall perform such other duties as may be directed by the superintendent and prescribed by the by-laws. He shall hold his office during the pleasure of the board. The duties of the superintendent, in his absence or sickness, shall be performed by the assistant physician. [C. L. § 1965*; '96, p. 395.

2170. Steward. The board shall, upon the nomination of the superintendent, appoint a steward, who shall give a bond, payable to the state, with sufficient sureties, in the penal sum of three thousand dollars. Such bond must be approved by the board and shall be filed with the treasurer of the insane asylum. The steward shall have general oversight of the farm, stock, garden, grounds, fences, buildings, furniture, fixtures, and apparatus of the asylum, and receive all articles, goods, and merchandise, belonging thereto, and shall be responsible for the safe keeping and the economical distribution of the same. Under the direction of the superintendent, he shall assist in enforcing the regulations of the asylum, and he shall perform such other duties as may be required by the board. He shall be a resident officer of the asylum. ['96, pp. 395-6.

2171. Application for admission to asylum, who may hear. The judges of the district courts shall have cognizance of all applications for admission to the asylum, or for the safe keeping of insane persons within their respective districts, except in cases otherwise provided for. In case of the absence of the district judge from any county, when an application as aforesaid should be heard, the judge of any other district may attend and hear the same upon the written request of the clerk of the district court of the county wherein the insane person resides, or the chairman of the board of county commissioners may commit such person to the asylum until the return of the judge. [C. L. § 1966; '96, pp. 395-6*.

Trial of insanity of criminals, etc., 22 5052-5061. Petition for restoration to capacity, ?4002.

2172. Board to furnish blanks. The board shall furnish the district judges with such blanks, warrants, certificates, etc., as will enable them with regularity and facility to comply with the provisions of this chapter. ['96, p. 391.

2173. Form of application. Application for admission to the asylum must be made in the form of an information, duly verified, alleging that the person

in whose behalf the application is made, is believed by the informant to be insane and a fit subject for custody and treatment in the asylum; that such a person is found in the county and has a residence therein, if such is known to be the fact, and, if such residence is not in the county, alleging where it is, if known, or where it is believed to be, if the informant is advised on the subject. 1967; '96, p. 396.

[C. L.

2174. Examination of informant. Warrant. On the filing of such information, the district judge of the county in which such person resides, if a resident of the state, and, if a non-resident, then the district judge of the county in which such person shall be found, may examine the informant under oath, and, if satisfied there is reasonable cause therefor, shall at once investigate the grounds thereof. For this purpose, he may require the person for whom such admission is sought, to be brought before him, and may issue his warrant therefor to the sheriff, or any constable, of the county, which shall be in form, substantially as follows:

STATE OF UTAH,

COUNTY OF

To

greeting: You are hereby commanded to forthwith arrest alleged to be an insane person, and bring before me, and make due return hereof. Witness my hand and the seal of the district court of day of

189-.

county, this Judge. [C. L. § 1968; '96, p. 396.

2175. Hearing. Witnesses. Physicians to be called. The sheriff may provide, at the expense of the county, for the suitable custody of such person until the investigation shall be concluded. If the judge shall be of the opinion from such preliminary inquiries that he may make, that the presence of the accused would probably be inexpedient, he may dispense with his presence. In the examination, testimony for and against the application must be heard. 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 so elect. The judge shall cause to appear before him two practicing physicians in medicine, before whom he shall examine the charge. [C. L. § 1968*; '96, pp. 396-7.

2176. Physicians' certificate, generally. After a careful hearing of the case and a personal examination of the person alleged to be insane, the physicians shall certify on oath whether or not the person is insane, whether the case is of recent or curable character, whether the person has a homicidal, suicidal, or incendiary mania, and whether he would be dangerous, if at large, to the property of the community in which he or she may live. In connection with their examination, the physicians shall endeavor to obtain from the relatives of the person, or from others who may know the facts, correct answers, as far as possible, to the interrogatories of the certificate, that must be propounded in such [C. L. § 1968*; '96, p. 397.

cases.

2177. Decision of court. On the return of the physicians' certificate the judge shall, as soon as practicable, conclude his investigations, and shall find whether the person alleged to be insane is insane; whether, if insane, he is a fit subject for treatment and custody in the asylum, and whether the residence of such person is in such county, and if not in such county, where it is, if ascer tainable. If he finds such person is not insane, he shall order his immediate discharge, if in custody. If he find such person insane, and a fit subject for custody and treatment in the asylum, he shall order such person to be committed to the asylum, except as in section twenty-one hundred and eighty-seven provided. [C. L. § 1969; '96, p. 399.